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1987/03/04 - Agenda Packet
DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT March 4, 1987 City Council and City Manager Russell M. Maguire, City Engineer Judy Acosta, Jr., Engineering Aide I 1977 Approval to Annex Tract No. 13191 to kMAscAWK&iataRance &iztdict '&Ro---%4 (Terra Vista) as Annexation No. 4 and setting the date of public bearing for April 1, 1937 RECDN ENDATIDN It is recommended that City Council adopt the attached resolutions approving the Engineer's Report for Annexation No. 4 and setting the date of public hearing regcrding the City's intention to annex the above described tracts to Landscape Maintenance District No. 4. Analysis /Background Attached for City Council approval is a resolution declaring the City's Intent to annex Tract No. 13191 to Landscape taintenance District No. 4 for Annexation No. 4 and setting the public hearing date for April 1, 1987. Also attached for Council consideration is a resolution giving preliminary approval of the Engineer's Report for the subject annexation. Respectf 'Miqy submitted. r Attachnents e e crry OF ' RANCHO CUC.AMONGA g ' REDEVELOPMENT AGENCY AGENDA � Z U i 1977 Lions Part Community Center 9161 Lae Line Road Rancho LLwonga, California tech 4. 1987 - 7:00 p.m. 1. Roll Call: Brow _. Bu4uet _, Stout Ring _, and Wright _. A. CafRYi CALMAR ?be follouimg Censest Calendar items era expected to be rostiv said wn- csntre►eraial. 7boy will be acted upon by the RDA at me time without disceasfem. Any itme may be removed by as Ageacneebor or member of tbe andlenu for discussion. 1. Approval to receive and file current Redevelopment Agency Investment Schedule Report as of February 24, 1987. ' 2. Approval of Mioutess December 17, 1986 (Wright absent) Invey 7, 1987 (Ring absent) t 3. Approval to reallocate from "allocated reserves 915,000 to food the accountant position fully by the RDA. 4. Approval of Redevelopment Agency Investment Po /icy. "' NO IMS SOBMII26D 1 3 4 5 ,u • ±Yl�t . LL: dam' s Ii. J 3 :X Redevelopment Agency Agenda '., > MLrcb 4, 19E7 , V ). /TAII aaotn I. APPROVAL OF Ttt PRELIMINARY MET 09 THE REDEMOFNEMT 1_IAN AND AO'AOIIZITION •'0 TRANSMIT TBS REPORT TO AFFECTED TAXING AOINCIII. RESOLUTION 90. RA 57 -001 A RISM'JTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGIMCr AUIHORIZZHC TRANSMITTAL OF THE FRILIMIHART REPORT ON THE REDEVELOPMENT PLAN lot 7E RANCHO REDEVELOPMENT PROJECT AREA AOODMIIT No. 1 I. AUTHORIZE THE CHAIRMAN TO E.[ICOTE CONSULTANT COwYRACTS VITH LEST. REST L 11IIGQ (ROMP ODOR / 3) - $32,500, E / .•$IQ.DOO AND STOVE i TODNGIIIC IINDIIVRITII) IEGOTIATED FOR TIE 19MOING OF 19M TAI ALLOCATION SOND Is9Us. 3. AUTHORIZE TEE CNAIIMAN TO EIICETR CDwfO.TAwT CONTRAfTe WITH ]Owls. HALL, HILL i VRITS (NOIR CMSZL) Pun �Q AID lIE.b1AI. IOLAPP i AsUmATIS (FIIANCTAL Amsba) $5 .000 l0R TtE lOUNDi11G Ol 19M ftNQLE 1NMILT MNOITCAGE REVENNVE BOND IesO /. 4. AGREEMENT SETVEEM THE CIT7 OF RANCHO GD•`.AMMA THE RID6V6QlNENT A90CY FOR THE CITY O/ IANCEO COCANNgAm AND THE FOOTRILL_LIRR_PROTECTION DISTRICT FOR PLAN E :t 9 38 39 51 62 A . . j VIA MESSENGER The Honorable Dennis L. Stout Mayor City cf Rancho Cucamonga Post Office Box 870 Rancho Cucamonga, California 91730 Re: Environmental Assesament General Plan Amendment 86 -03A i[ju,[Nro \YTL aoa mw De C.M. \aC,a11 fJ .LLN 1LIY M!O!Y w.YwwOTOw. O D. LI[TN ,LOON INO ILV \T11[tj K lC wYNi xOTON. 4 G !00]HDLL YOII ILYYDO wirtcw\ awLn DNL xw\L\ ( 24 &} T6b2+784a Dear Mayor Stout: M1 By separate letter, Kaufman and Broad is requesting the withdrawal of the application for the above captioned Environmental Assessment. .r The purpose of this letter !s to advise you that the owners agree to the request, and hope that Kaufman and Broad will be able to resolve any differences at the Planning Commission. Vory - tru°llyf yours, Al4in Kauf r LA2 /3909Q /ASK/mcm cc: Mr Brad Buller 3x r LAw orncu 'C NOSSAMAN, GUTHNER. KNOX & ELLIOTT '� rnNO rao011 yTL . ON1n...OV[w ow\T..CT iee me cxu \uD[w 4N [MNCILCO. u MIOMt.\ LA. ANO[l[.. GalIO11NIA GOO)NOOl S� NIY W -!)00 [ILInOw[ NW IIFf \00 I[licO.NN IIIL.N-[.OI - (i O..wOL COYNf. mn[ nA TLLLL LN \O. �4 L O TO'YN C[NTLx O[IYL CO \\ T. Y[ \A. C/1 Lt \t \iLLI I,�N MMNTO March 3, 1987 VIA MESSENGER The Honorable Dennis L. Stout Mayor City cf Rancho Cucamonga Post Office Box 870 Rancho Cucamonga, California 91730 Re: Environmental Assesament General Plan Amendment 86 -03A i[ju,[Nro \YTL aoa mw De C.M. \aC,a11 fJ .LLN 1LIY M!O!Y w.YwwOTOw. O D. LI[TN ,LOON INO ILV \T11[tj K lC wYNi xOTON. 4 G !00]HDLL YOII ILYYDO wirtcw\ awLn DNL xw\L\ ( 24 &} T6b2+784a Dear Mayor Stout: M1 By separate letter, Kaufman and Broad is requesting the withdrawal of the application for the above captioned Environmental Assessment. .r The purpose of this letter !s to advise you that the owners agree to the request, and hope that Kaufman and Broad will be able to resolve any differences at the Planning Commission. Vory - tru°llyf yours, Al4in Kauf r LA2 /3909Q /ASK/mcm cc: Mr Brad Buller CITY OF RANV —W CUCAMOD REDEVELOPMENT AGENC STAFF REPORT DATE: March 4, 1987 IO: Chairman an. Members of the Redevelopment Agency FROM: Jim Hart, Treasurer BT: ElIaabeth Stoddard, Assistant Finance Director SUBJECT: Receive a;d File - Rancho Cucamonga Redevelopment Agency Investment a ;Aedsle Status Report as of February 24, 1987 RANCHO COCAMONGA RIDUMOEKERT AGENCY IMSTMtNT ECREDOI.E STATUS RETORT IORCEABR MATURITY INTEREST INSTITUTION DATE DATE AMOUNT RAT-9- LAIF 02/28186 as needed 5,000,000.00 07.512 Great Western 01/28/87 02/27/87 1,186,291.25 05.900 Great Western 10/06186 07/07/87 500,000.00 05.200 First Trust Bank 04/07/86 04/07187 500,000.00 06.600 Royal Oaks S 6 L 11/19/86 11/19/67 100,000.00 06.750 Westport Savings 10/20/86 10/20/87 100,000.00 06.900 Security Federal 10/20/86 10/20/67 100,000.00 06.600 Eastern SAL 10/20186 10/20/67 100,000.00 07.000 Mercury SQ. 04/24/86 11/24167 100,000.00 07.250 Mutc -1 S&L 01/23/67 01/25186 100,000.00 06.500 Secure S&L 04/24/86 04/24/87 100,000.00 08.000 County Savings Bank 04/24 -66 04/24/87 100,000.00 07.875 Lincoln An S&L 12/19/86 12/21/97 100,000.00 06.400 Bank of America 04128/86 04126/97 500,000.00 06.775 Cleadale Federal 12/12/96 12/11/97 100,000.00 06.500 First Federal Sam, Bank 04/30186 04/30197 100,000.00 07.700 Centurion Savings 10/27/86 10/27/57 100,000.00 06.600 *1 T Notes are purchased at a price below their maturity value. They are quoted and traded on the basis of yield to maturity. Note 2: All investments are Certificates of Deposit unless otborwise noted above. r 5' r, 1 L 9..e ? { Be! Air SIL 09105/86 07/08/87 300,000.00 06.750 Cal America Sil. 05/20/86 05/20/87 100,000.00 08.150 Rnciao S&L 05/20/86 05/20/87 100,000.00 07.750 -'?"'• Great Pacific S&L 05123/ K 05/26/87 100,000.00 07.875 Brookside 86L 05 /23 /M 05126/87 100,000.00 07.900 - Great Western SM 01/12/87 01/07/88 500,000.00 06.000 Great Westorn S&L 06116/86 03/13/87 500,000.00 06.950 Pacific Savings Dank 06 /13/86 06/15/87 500,000.00 07.500 Community Bank 12/29186 12129/87 500,000.00 06.150 ?_ Bat Rank of Catalina 01/07187 07/07/87 100,000.00 05.850 Southwest Dank 07/11/66 07/13/87 200,000.00 07.650 pit San Clemente S&L 07/08186 04/28/87 100,000.00 07.375 i Pacific Coast SiL 10/02/86 10/27/87 9x,000.00 07.250 Rank of America 01/20/87 04/20/87 500,000.00 05.650 �i Bank of America 10123/86 04/21/67 500,000.00 05.450 p Ceuturiow Savings 10/27/86 10/27/87 100,000.00 06.600 ' Irvine City 86L 10/24/86 05/22/87 100,000.00 06.375 LAIP 08/28/86 as needed 27,984,000.00 07.512 Dowry 8 A L 10/31/86 04129/87 100,000.00 06.700 Camino Real S&L 10131/86 12/03/87 100,00f.00 05.750 Commerce Savings 11/06/86 11109/87 99,000.00 06.625 Calif red 84L 11/07185 11/09/87 100,000.00 05.950 Rank of America 12/03/86 12/03/87 500,000.00 05.750 Mew America finings 12103/86 12/03/87 100,000.00 06.625 Trans Pacific 12112/86 12/19/87 100,000.00 07.125 lank of America 01/20/87 07/20/87 100,000.00 06.000 Gibralter Beings 02/06/87 01/29/87 998,176.80 06.300 S Rote *1 a Tar West BC 02/19/87 08/19/88 100,000.00 07.100 .Y tam As of 02/24/87 Grand Total 43,268,468.05 *1 T Notes are purchased at a price below their maturity value. They are quoted and traded on the basis of yield to maturity. Note 2: All investments are Certificates of Deposit unless otborwise noted above. r 5' r, 1 L 9..e ? tweeter 17, 198 City of Agatha arsmeaga _ I'd"olopment Agree? it(aates L rJt.L t0 Oust A meaglag of the gadeeelopetat Agency of the City of Raga C uca.nga not as Wednesday, Ooereber 17, 118, in the Lima fart Otmutty Oeane. 9161 Into Line Goad, gaucho Qcemomp. The getting us$ called to order at 7100 s.a. by CLd,mea Creole L, ateat, hesow veto Ageacy Xemberst Deborah Krogs, Charles J. Intact It. Jeffrey Kin (mired It 7110 P.O.). and CA.l me Dennis L, Root. Also Veneer were, Executive Director. Lawn X. Xaesermest Deputy Director, t Jack Lan; Aoeietaso /sttancy, Esewl7 A, Attbslwq and Ronald A. 9e, Rare =, legal coastal few Peet. Wt A Krieger. AbetsO Agency Xaab.r panels J. Wright. ' t, 1mKn• umeaaa Al. Approval to estate* 0.4 file escrow Investment gehedala as of Deconber It. 198. R. AKrtov l of sponsorship particip@tlos in the Inland Implre Vogt Ecoeaul• Development Conference on January 30, 1987. Ike gadaoelopaest Agracy had y budgeted food@ for this conference. (0701 -06 RDA) NOTICAt Rmod by Kutmet. seconded by Areas to approve the Consent Calendar. Hendon carried T -I (King and Wrlgbt &boat). (Ag.mcy Honker Jeffrey KICK wr(r.d at 7110 I.e.) Add*d AlJtV Linda Inaleb, $color RS Aul7sts wet over the outli.e +f Rd goeohesta. Ike anted that at the one getting anyone who has a conflict at. Interest eit►ia the M project wage a letter fine the Agency Member ebnld he t.coiagd saJ included in the al.ntws a.+aaa c. fgirt NLIfY so it. ebmitted. I .sae a. D. ElYX &Ol1g - , aa+aaa D. AUOtl�t NOTION, XovN by latest, agtaaded by Koons to tdJoon the settle&• tbtin carried 4-0-1 (Wright abuse). Hating adjoarmed at 71GT I,.. a &eepetttalll submitted, t 7 4 x; R; lee arty A. Astbant +a �_. Aeelatanb awfeury r' 3 A9provedt * A CIf9 Ol IASC10 CUCLHMA Redrvelofmnt Agency Minutes Ratela, Martin, ` A. rM tb 9111 A regular Mattes/ of the bdovalopmnt Ate&ty of the City of Undo Cocamevla met on Wednesday, January 7, 1917, in the L( =a Park eem ®icy, C"cer, 9161 Use Lies Read, Pamcho CLcanwP. The uetleg was "tied to order at 7101 p.m. by Chairman Dents L. Stoat. Patient were Agency Mamhesn Deborah leseno Charles J. Itqust 11, luala J Wright, and thalamus Dents L. Stout Also present west secretive Director. Lawn M. Wseerusl Legal Counsel. James bar "ai Deputy Director. Jack Lam. ' Abacetl Agency Member Jeffrey gin. e•ese• 1. e>OtR CY.dt .. 11. Approval of misat amt Aagot 20, l9e6 (Wright abawt)t Wwember 3, 1916 (Dahl abant)t goveabsr 19, If 86 (Mikals and Uhl absent); December Jp 1916 C. Append to &ante "street (zo 87 -01) with Gan twaell Copeah"we and Co., loco for professional services to connection with sndant to the Resche Oda slower plan. NOTION, tlowed by /tact, attended by Wright to approve the Count Calasear. - Moti" carried 4.0-1 (Slay absut). - aaete .. �'. 11110 tWtY1g0, - so items submitted. D. Sy1pp RIMmlY1 No items submitted. :t MOTTOWt Mowed by la9set, seccad.4 by /test to adjusts. 'Sort= "tried 4-0-1 1,! ([let abnat)o The meeting adjourned at 7101 Den. (Mr. Lies arr(red at Ito) P.m.) F tespectla117 se`ltted, z Uwarly A. Authelot S - Aosistatt pectetaty A9provedt * Yy' CITY OF RANCHO CUCAMONN REDEVELOPMENT AGENCY STAFF REPORT DATE: larch 4, 1917 TO: Chairman and Members of the Agency PROM: Jim Hart, Treasurer 8UBJLCT: APPROpRIATI011 OF ADDITIONAL FUNDN FOR ACCODNTANT The Redevelopment Agency allocate an additional $15,000 to fully fund the Accountant position from the Redevelopment Agency. After a detailed review of staff time involved in performing Redevelopment Agency accounting functions, the current allocation of funds to pay 502 of an accountant position is not adequate. The current accountant spends considerably more than 50% of her time performing Redevelopment Agency functions and also use time from the Accounting Technician, who currently is not paid for by the Redevelopment Agency. To correct the funding, it would be appropriate to fund the Accountant at 100% from the Redevelopment Agency with the stipulation that the Accounting Technician say continue to be utilised in some Redevelopment activities, but no direct charge of bar time will be muds against the Ledevelop■ent Agency. The additional allocation netemq for the six mouth period of lamp 1987, through June 1987, is approximately $15,000. Funds are available for this allocation from the Unallocated Reserve. Respectfully submitted, t1.i.■ Bart �,f7 a tuistrative Ben ices DIrectc. JR:cv v .1: r 7 CITY OF RANCHO CUCAMON REDEVELOPMENT AGENCY STAFF REPORT DATE: March 4, 1987 T0: Chairman and Members of the Agency PEON: Jim Bart, Treasurer BY: Elizabeth Stoddard, Assistant Finance Director SUBJECT: R21)"nopNERT AGENCY INPESTNBRT POLICY U9919EAAYIOR• Staff recousenda the adoption of the Statement of Investment policy for the Rancho Cucamonga Redevelopment Agency. BACKGROUND: Although redevelopment agencies are not held by the Government Code, but rather the Health g Safety Code, agencies say invert in the sane type of instruments available to cities. Therefore, the investment policy and the types of instruments to be utilized in investing public funds should be *complete formalized to ineur0 safety of the funds as outlined in the prudent Nan Rule (Civil Code Section 2261, at seq.). Respectfully submitted, :Luc t Treasurer JR :ES:cv Attachment c. sj, :f, . "45�.L'a'L?•'Yf t., ^ ::.i�� �..�,�. Z'�t•.i.L_ - :.?r.:t ^.i Y+:, :+v,. Rancho Cucamonga Redevelopment Agency Statement of Investment Policy PURPOSE This statement is intended to provide guidelines for the prudent investment of the Agency's temporary idle cash, and outline the policies for maximising the efficiency of the Agency's cash management system. The ultimate goal is to enhance the economic status of the Agency while protecting it's pooled cash. OBJECIIPB The Faucbo Cucamonga Redevelopment Agency operates its temporary pooled idle cash investment under the Prudent Nan Rule (Civil Code Section 2261, et seq.).• This affords the Agency a broad spectrum of investment opportunities as long as the investment is deemed prudent :nd is allowable under current legislation of the State of California (GCvero•ent Code Section 53600, at seq.) and other legal restrictions ac the Agency may Impose from time to tic-. Investment may be made in the following media: Securities of the O.S. Government, or its agencies Small Business Administration Leans Certificates of Deposit (or Iime Deposits) placed with commercial banks and /or savings and loan companies Negotiable Certificates of Deposit Banker's Acceptances Commercial Paper Loral Agency Investment Fund (State Pool) Demand Deposits Repurchase Agreements (Repos) Passbook Savings Account Demand Deposits Reverse Repurchase Agreements Criteria for selecting investments and the order of priority are: 1. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest, or combination thereof. The Agency only operates in those investments that are considered very safe. *The Prudent Nan Rule states in essence, that eiomesting ... property for the benefit of another, a trustee shall exercise the judgement and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of their own affairs..." 7 2. Liquidity. This refeis to the ability to "cash in" at any moment in time with a minimal chance of losing some portion i' of principal or interest. Liquidity is an important Investment quality especially when the need for unexpected ^ funds occasionally occurs. 3. Yield. Yield is the potential dollar earnings an investment can provide, and is sometimes described as the rate of return. Safekeeping. Securities purchased from brokers /dealers shall be held in third party safekeeping by the trust department of our local bank or other designated third party trust, in the Agency's control, whenever possible. The Agency strives to mintsiu the level of investment of all funds as near 100% sa possible, through daily and projected cash flow determinations. Idle cash unagsent mod investment transactions are the responsibility of the Treasurer and /or his appointed designee. The Treasurer shall be responsible for reviewing and modifying investment guidelines as conditions warrant and submit game for re— approval to the Executive Board on at least an annual basis. Rs ever, the Treasurer may, at any time, further restrict the items approved for purcbsse as dased appropriate. t The basic prsise underlying the Agency's Investment philosophy is, and will continue to be, to insure that money is always safe and available when ueaded. Jim Bart Treasurer Rancho Cueamocga Redevelopment Agency M, ` i' x 't- CITY OF RANCHO C1 REDEVELOPMENT STAFF REPORT DATE: March 4, 1967 TO: Chairman and Members of the Agency FROM: Jack Lam, Deputy Executive Director BY: Olen Jones, Redevelopment Analyst SUBJECT: APPROVAL OF PRELIMINARY REPORT ON THE REDEVELOPMENT PLAN AND AUTHORIZATION TO TRANSMIT THE PRELIMINARY PLAN TO AFFECTED TA)UNG AGENCIES RECOMMENDATION: Adopt the attached resolution authorizing the Preliminary Report Tor the Rancho Redevr1opment Project Area to be transmitted to the affected taxing Agencies. BACKGROUND: In December, 1981, the City Cowell adopted Ordtcs::ce No. 166, author ng the formation of the Rancho Redevelopment Project Area. Since Its adoption, the agency has been Implementing tie Project by providing many public improvements which were mgior contrlbutors to eonditiors of blight to the Project Area at the time of Its adoption. Although many projects have been undertaken, much work remains to be done. In order to continue the Agercy's efforts In Implementing the Plan, it is necessary to Pursue specific technical amendments. These technical amendments include Increasing the bonding capacity and ann:el tax increment limitations. In addition, it has been determined by the Agency that the Redevelopment Plan requires amendment to add certain public facilities, the need for which was not seen when the Project was adopted ANALYSIS: The purpose of the Preliminary Raport Is to provide essential Information to UW—YuT —us taxing jurisdictions which may be affected by the amendment of the Redevelopment Plan. �.: ta:W:: 'r»'. ry'r •.,. - F!o.3 s�1+. i4%�I.,a C. s Agency Staff Report APPROVAL OF PRELIMINARY REDEVELOPLENT PLAN /AUTHORIZATION TAXING March 4, 1987 Page 2 The Report contains the following infoem,Won: L The reasons for selecting the proJeot area. S 2. A description of the physical, social and economic conditions existing In the project 9. A preliminary assessment of the proposed method of fimacing the redevelopment. 4. A description of the specific project(s) proposed by the agency. 5. A dmcrloUon of how the proposed project(s) will Improve or alleviate the Identified This Information provides the basis for affected taxing Jurisdictions to respond to the fiscal review proems. Approval of the transmittal of the Preliminary Report is the first step In the amendment process. The next step in the amendment process is to hold a Fiscal Review Committee meeting so that all affected taxing entities an discuss the amendmett. At this evenhys ,t City Cornell meeting, the Council initiate this next a:ep by calling for the creation of e .•� Fiscal Review Committee. Deputy Executive Di:eetor Attechmenbt Preliminary Report r_.• Resolution ;11 i1 �_u t t i.� r V�? *Fe J. ol7% � ■ `N; /I- ,c { RANCHO CUCAMONGA REDEVELOPMENTAGENCY e �y /C) PRELIMINARY REPORT on the i REDEVELOPMENT PLAN r forthe RANCHO REDEVELOPMENT PROJECT t, AMENDMENTNO.1 ISO Wert Flrst Street, Sulte 780 .e ClwaoeR Callforela 91711 3 S /C) February ICtl7 i �4 Prepard by t, GRC Redevelopment Coceultanta, Inc. ISO Wert Flrst Street, Sulte 780 ry ClwaoeR Callforela 91711 /C) RANCHO CUCAMONGA REDEVELOPMENTAGENCY RANCHO REDEVELOPMENT PROJECT AMENDMENT NO.1 AGENCY BOARD OF DIRECTORS Dennis L. Stout, Chairman Deborah Brown Charles J. Buquet, II Jeffrey Kin` Pamela J. Wright PLANNING COMMISSION E. David Barker, Chairman Suzanne Chitlea Bruce Emerlck Larry McNeil PeterTolstoy AGENCYSTAFF Lauren M. Wasserman, Executive Director Jack Lam, Deputy Executive DL�ector Jim Hart, Treasurer Linda D. Daniels, Senior Redevelopment Analyst Olen Jones, Redevelopment Analyst Sharon Leonard, Accountant l3 79 9 4+. a ■ RANCHO REDEVELOPMENT PROJECT AMENDMENT NO.1 PRELIMINARY REPORT Tabu of Contents I. INTRODUCTION i II REASONS FOR SELECTION OFTHE PROJECT AREA 8 III. DESCRIPTION OFTHE PHYSICAL AND ECONOMIC CONDITIONS INTHE PROJECT AREA 8 A. PHYSICAL CONDITIONS 6 B. ECONOMIC CONDITIONS s IV. METHODS OF FINANCING THE PROJECT 9 A. GENERAL DESCRIPTION OF PROPOSED FINANCING METHODS ORTECHNIQUES 9 B. ASSESSMENT OF FINANCING METHODS 14 C. REASONS FOR TAX INCREMENT AUTHORIZATION 18 D. FINhNCIAL LIMITATIONS 18 E. LOW AND MODERATE INCOME HOUSING FUND 19 V. PROJECT DESCRIPTION 21 A. ESTIMATED PROJECT COSTS 21 B. ESTIMATED PROJECT REVENUE 21 C. ASSESSMENT OF PROJECT FEASIBILITY 22 VI. ALLEVIATION OF DETRIMENTAL PHYSICALAND ECONOMIC CONDITIONS 22 1 A 1 G e 4 I. INTRODUCTION i Background The Rancho Redevelopment Project was adopted on December 28, 1981 by City Council Ordinance No. 166. Since Its adoption, the Agency has been Implementing the Project by providing many public improvements, the absence of which were major contributors to conditions of blight in the Project Area at the time of Its adoption. Although many projectc have been undertaken in the few short years since the Project was adopted by the CIty Council, much work remains to be done. In addition, it has been determined by the Agency that the Redevelopment Plan requires amendment to add certain public facilities, the need for which was not seen when the Project was adopted, and to Increase the total number of tax increment dollars which may be allocated to the Agency to pay fo, the Implementation of the Project Legal Authority This Preliminary Report on the Redevelopment Plan for the proposed Amendment No.I to the Rancho Redevelopment Project was prepared pursuant to the requirements of Section 89944.6 of the California Health and Safety Code (the ( "Code"). In accordance with the Code, a Preliminary Reportshall contain. "(a) The reasons for the selection of the pmJect area. (b) A description of the physical, social and economic conditions existing in the project area. (c) A preliminary assessment of the proposed method of financing the redevelopment of the project area, including an assessment of the economic feasibility of the project and the reasons for including a provision for the division of taxes pursuant to Section 98670 in the redevelopment plan. i (d) A description of the specific project or projects then proposed by the agency In the project area In sufficient detail and specificity to permit the fiscal review =% W r' committee, if one is created, to review the potential impacts of the proposed project. (e) A description of how the proposed project or projects to be pursued by the agency will improve or alleviate the conditions described in subdivision (b)." The purpose of the Preliminary Report Is to provide essential information to the various taxing jurisdictions which may be affected by the amendment of the Redevelopment Plan. Of particular concern is whether those affected taxing jurisdictions would suffer a financial burden or detriment as defined In Section 33012 of the Code. In accordance with Section 33012, financial burden or detriment means: "(a) A net Increase In the quality or quantity of service of the affected taxing entity caused by the redevelopment project. "(b) A loss of property tax revenues by the affected taxing entity produced by a change of ownership or new construction which would have been received, or was reasonably expected to have been received, by the taxing entity If the redevelopment project was not established. `The division of taxes pursuant to Section 33670, by itself, shall not constitute a financial burden or detriment." Primary amendments to the Redevelopment Plan consist of the following: (a) Increasing the amount of tax increment revenue the Agency may collect in any fiscal (tax) year from $11,255,000 to $100,000,000. (b) Increasing the amount of outstanding principal of any bonds Issued on tax increment revenues from the Project Area from $50,000,000 to $500,000,000. (c) The addition of public improvements and community facilities on which the Agency would be authorised expend tax increment revenues. .2. w� II. REASONS FOR SELECTIONOFTHEPROJECTAREA In its desire to revitalize blighted areas, the CIty of Rancho Cucamonga Redevelopment Agency approved the Rancho Redevelopment Project. By creating a Redevelopment Agency, the City Council has also declared it desire to imf —tve, upgrade and revitalize those blighted areas within the City which constitute either physical, social or economic liabilities requiring redevelopment in the interest of the health, safety, and general welfare of the citizens of Rancho Cucamonga. The selection of the Rancho Redevelopment Project Area was generally based upon a desire to eliminate the potential health and safety hazards within the proposed Project Area caused by the lack of public improvements such as adequate flood control channels, grade separations when needed, and an adequate circelation system throughout the proposed Project Area to facilitate anticipated growth. The high cost associated with these needed Improvements has deterred major property owners from developing their property. Selection of the Project Area was also based upon the desire to revitalize the existing commercial uses along Foothill Boulevard and assist in rehabilitating residential sites located within the Project Area. The following is a list of specific reasons for selecting the Project Area (see Exhibit 1) which are related to the existence of blighting Influences existing in the Rancho Redevelopment Project Area: 1. After completion of necessary investigations, the City/Agency staff and its consultants have concluded that there are ample indices of blight (as defined In the California Community Redevelopment Law) evident with respect to the parcels proposed for inclusion within the Rancho Redevelopment Project. Blighting conditions primarily involve: (a) Deteriorated and substandard structures; (b) Deterrent to developmentd,:eto the inadequate flood control improvements; (c) Incompatible and shifting land uses; .3- 17 f. (d) Underutitize dvacanciesalongFoothIll Boulevard which w are Indicative of the economic deterioration of this area; (e) A lack ofan adequate circulation syntemthroughout the Project Area. 2. The expressed desire of potential owner•participants/Incumbent land owners who have sought the Agency's assistance in providing needed infrastructure to facilitate developments gn land which would otherwise continue to remain fallow due to unusual site constraints which would cause prohibitive development costs. v t c t Insert Project Area Map Here III. DESCRIPTION OF THE PHYSICAL AND ECONOMIC CONDITIONS EXISTING INTHE RANCHO REDEVELOPMENT PROJECTAREA The following information is a summary description of the physical and economic conditions in the Project Area at the time it was originally adopted by the City Council. Some of the conditions described below have been eliminated through the construction of needed facilities and other Agency efforts; however, much work and many improvements remain to be completed. The Project Area is located primarily between 4th Street and Highland Avenue and between Archibald Avenue and Etiwanda Avenue excluding the Rochester Residential Tract. The exact boundaries of the proposed Project Area are shown in the Redevelopment Plan and ere also described therein. The boundaries ar_ not being changed by the proposed amendment to the Redevelopment Plan. A. PHYSICAL CONDITIONS Public Improvements Public Improvements within the Project Area are generally Inadequate. In the City of Rancho Cucamonga flood hazards and storm drainage overflows are a major problem. Water runoff from the San Gabriel Mountains concentrates rapidly because of the topography and washes quickly over the flatlands of the City. Amajor flood could easily overflow the existing network of drainage systems and cause serious damage. The existing drainage systems include Deer Creek, Day Creek, San Sevaine Creek, and other existing storm drains throughout the City with inadequate capacity. Deer Creek, San Sevaine Creek and Day Creek are both earth - excavated drainage channels with a limited capacity to hold storm waters, which have caused overflows in the southern section of the Project Area. Large portions of the Froject Area fill within the 100 -year flood plain, which is an area of land subject to flood hazards from a storm whose intensity occurs once every 100 years. On the average, depth of flooding is approximately one foot; however, ' 6- 0C) watercovering Foothill Boulevard has achieved a measured depth of two fast. These conditions have been a deterrent to development. Building Conditions The largest portion of the residential and commercial uses are located In the western portion of the Project Area and along Foothill Boulevard. Some portions of the City are older and contain serious structural deterioration and, in turn, are unfit or unsafe to occupy. The structural deterioration includes one or more of the following- dilapidated roofs, broken windows, dilapidated fences, holes in exterior walls, screens missing, boarded -up windows and/or abandoned buildings. Gr&Mti Is also a prevalent problem within these residential areas. Much of the writing is faded with recent writing over it. Areas exhibiting a high concentration of these characteristics include residences along 8th Street and those witLin the area bounded by 8th Street on the north, 8th Street on the south, Turner Avenue on the asst and Archibald Avenue on the west. The commercial uses located along Foothill Boulevard am characterized by a mix of commercial and residential structures an the north side of the Boulevard which are older and showing signs of neglect, while the structures on the south side of the Boulevard are newer. Deteriorating structures can also be found within the eastern portion of the Project Area, however, the majority of land still remains undeveloped. Access, Public Streots Major access to the site la provided by 4th Street, Arrow Highway, Foothill Boulevard, Highlend Avenue and Baseline Road, which all run in an east -west direction. Archibald Avenue, Haven Avenue, Rochester Avenue, and Etiwanda Avenue run in anorth -south direction through the City. Freeway access to and from the site is providel by two freeways, the San Bernardino Freeway (110) just south of the proposed Project Area and the Devore Freeway (1 15) in the eastern part of the Project- .7 jj B. ECONOMIC CONDITIONS Perhaps due to current economic conditions or some of the factors described above, some parcels in the proposed Project Area have remained disused, abandoned, or underutilized. The presence of vacant (and often unkept) properties or at rndoned structures is incompatible with the goal of eliminating blightL• g influences. Such properties tend G Wet litter and gr&Mti and often contribute to a "rua•down" r. appearance in what may generclly be a viable area. Inclusion of such properties In a redevelopment project rrea will allow the Redevelopment Agency to encourage C proper development ar. A implementation of the General Plan 's land uses. M%ny of the commercial uses In the proposed Protect Area are marginal and deteriorating and, therefore, do not generate optimum employment opportunities nor significantly contribute to the community in terms of needed goods and services. Furthermore, deteriorating and marginal uses tend to discourage new developments i from locating in the same area because of the poor image these mas have. x 1� r i v' F v IV. METHODS OF FINANCING THE PROJECT A. GENERAL DESCRIPTION OF PROPOSED FINANCING METHODS ORTECHNIQUES The Redevelopment Plan presently authorizes the Agency to finance the Project with assistance from the City of Rancho Oiamonga, County of San Bernardino, State of California, United States Government, any other public agency, property tax increments, interest revenue, income revenue, Agency - issued notes and bonds, or from any other available sources of financing which are legally available and do not conflict with the objectives of the Plan. The Agency has been using a number of these financing techniques and in the future may utilize all of that techniques to implement the Project. The Agency specifically expects to utilize any of the following financing authorities, and techniques (singly, or in combination) to Implement Project: Owner Participation Agreements Owner Participation Agreements (OPA's) with Incumbent property owners are agreements whereby the owner of a property in t redevelopment project area agrees to de%elop or rehabilitate his or her property in a manner requested by the Agency, in return for the provislon by the Agency, of land, public improvements, low Interest financing, or some other such financing method or inducement available to the Agency undzr state statutes. Under Redevelopment Law, the Agency is required to give preferences to project area property owners to participate In the redevelopment of the project area. As a consequence, It is anticipated that subject to program development by the Agency, OPWs will be a key element in implementing the Project. As noted above, in entering Into an OPA, an agency may commit Itself to the provision of land, public improvements, low interest financing or some other form of assistance. In negotiating the terms of owner participation agreements, the agency may give consideration to financial inducements J which will minimize the need for tax increment revenues if the use ^'duch altemative revenues or techrlques can be achieved without compromising the agency's redevelopment objectives. By placing a high priority on and encouraging owner participation, the Agency will comply with California Health and Safety Code requirements and minimize the cost of its operations. The Agency will save, in many Instances, the costs of acquisition, relocation and site clearance. Historically, these costa have comprised a major portion of redevelopment agency expenses. Disposition and DevelopmentAgreeme•tts In some instances owners may not be Interested in participating or qualified to participate in the implementation of the Project. In such cases, the Agency may enter Into one or more Disposition and Development Agreements (DDA's), provided that the development Is consistent with the objectives of the Agency. Disposition and Development Agreements are commonly entered into by an agency and a developer to effectuate the development or redevelopment of one or more properties within a project area. As with OPA'n, the developer agrees to develop or construct a project in a manner agreeable to the agency, In return for the provision of a financial contribution, coestri.ction of off-site improvements or other financial considerations by the agency. The Redevelopment Plan provides that the Agency may acquire property to implement the Plan. Where tha Agency chooses to acquire property. It will do so after there are assurances that bona fide developers or owner participants are willing and able to pr ,)perly develop the property in accordance with the Redevelopment Plan. In addition, an executed agreement with the Agency, which agreement may commit the Agency to provide direct financial assistance to the particular developmentlrednvelopment project, will also be required. -10- DZV E Tax Increments The Agency is aukhorIzed to collect property to revenues resulting from assessed valuation iucreasea in the Project Area following project adoption. These revenues have been used and will be used to pay Agency debts associated with the Project. Such Agency debts may result from Agency commitments embodied In OPM or DDA's, from loan agreements with the City of Rancho Cucamonga or some other public entity, from commitments to provide one or more public facilities or public improvements, from Agency property acquisition activities, or from the sale of bonds the principal and interest of which, are to be paid from or secured by tax increment revenues. In addition to using tax increment revenues to support or inGuce private development activities, the Assn, has used and axpecta to continue use of tax increment revenues to Pity for the construction and financing of public facilities and improvements: of benefit to the Project Area and for which there:s no reasonable means of financing available to the community. The determination of benefit to the Project Area and the fin dung that no other reasonable means of finer, . sg is available Is made on a project by project basis by the City Council. Bondi An agency is authorized to Ismse bonds, if needed and feasible, in an amount or amounts miificient to finance specific redevelopment activities (public and/or private) within the project area. The principal and interest on such bonds maybe payable when they become due from the following sources: a. Exclusively from the income and revenue of a specific development financed with the proceeds of the bonds or with such proceeds combined with financial assistance from the state or federal governments; , 11- d� b. Exclusively from the Ipcome and revenue of certain designated redevelopment projects, whether or not they were financed in whole or in part with bond proceeds; C. In whole or in part from taxes allocated to and paid into a special fhnd of the agency pursuant to receipt of tax increment revenues; d. From agency revenues generally; e. From contributlons or other Snancial assistance from the state or federal governments; f. Funds borrowed from the City; g. Other legally available funds; or h. By any combination of the above. The Rancho Cucamonga Redevelopment agency has used and expects to continue using tax - exempt and taxable bonds or notes, including bonds or notes to be repaid by tax increments collected by the Agency, to provide incentivcs for developers and/or owner participants to Immediately pursue development within the Project Area. In some instrmces, such bonds or notes have been used and will continue to be used to assist in the provision of public Improvements which are needed in the area. Ex.ept in the case of tax increment financing, it is expected that participating developers and/or owner participants will bear the Agency's cost of issuing bonds. It is also expected that the Agency s cost to administer such financing programs will be paid from revenues ganerated as a result of properly structuring such program[. Cooperation Agrwrments In cases where the Agency may undertake the construction or reconstruction of a public facility or public improvement, the Agency may -12 ate enter into a cooperation agreement with the City of Rancho Cucamonga to secure financial assistance In the form of loans, by the formation of assessment or community facility districts, or by other mechanisms which may be utilised to fund the needed public facilities or Improvements. In these situations, the Agency would be reliant upon external financial assistance from the City Conncil in order to complete the facilities or improvements. Utilization of cooperation agreements with the City of Rancho Cucamonga constitutes a flexible method for combined City and Agency efforts with one or more aspects of the redevelopment of the Project Area. The limitations of this technique He in the ability of the City to provide actual assistance to the Agency. As noted below, the Agency will borrow funds frem the CIty to support Its operations, but this source of funds Is limited by the City's ab!lity to lend its funds. Other areas where cooperation could occur would be in the formation of assessment or community facility districts by the City to construct facilities which would assist the redevelopment effort of the Agency. The City has substantial experience In establishing such districts, and depending upon specific circumstances, could fora additional districts to provide public facilities or improvements thereby eliminating the need for the Agency to provide such facilities. Leans The Agency may borrow funds for its various purposes from the City of Rancho Cucamonga, from the State of California or from any other legally available lending source. Such loans may be repaid from Agency tax increment revenues or from any other Agency revenues specifically pledged for such purposes. It Is anticipated that the City of Rancho Cucamonga will lend funds to the Agency on a regular basis, and that loans from other sources may also be procured from time to time. .I$ �>7 Other Funding Sources The Agency may, with the consent of the City Council, utilize other sources of funds an these become available. Such sources prexntly :nclude gas to funds, sales to increments and a variety of federal and state prograras through which loans or grants to the Agency would be possible. The Redevelopment Plan authorizes the use of these funds to implement redevelopment in the Project Area. The Plan also broudly authorizes the use of funds which may become available in the future but which are not specifically known today B. ASSESSMENT OF FINANCING METHODS As noted above, the Agency may utilize any one or all of the identified financing methods in any number of combinations. At this point in the redevelopment project formation process, definitive statements cannotbe made as to the exact nature of the financing techniques which wilt be used for a given Agency project. The conclusion that the various financior mechanimms discussed above will be used by the Agency Is drawn from the experience of other redevelopment agencies in the state and from other activities of the Rancho Cucamonga Redevelopment Agency. While It can be Inferred that a particular set of financial tools will be utilized, the number of times a particular financing tool will be used, Agency costs associated with the use of that tool, and other considtrations cannot be accurately determined at this time. Owner Participation Agreements California Community Redevelopment Law requires redevelopment agencies to give preferences for participation in the redevelopment project to owners of properties in a redevelopment project area. In instances where an agency is working with an existing property owner toward the redevelopment of a portion of a redevelopment project area, It is common for agency redevelopment inducements to be necessary. Redevelopment Inducements provided by an agency may be relatively minor In nature and cost or they may require substantial effort and Investment on the part of the agency. The amount of Inducement required Is strictly dependent on the characteristics of the particular project, with land use, property condition, building condition, availability of utilities and public service infrastructure, the characteristim of surrounding conditions and properties, consistency with Agency objectives and the financial ability of the property owner all Influencing the feasibility of a particular project. Due to the variables and complexity of each potential owner participation situation, agencies deal with each owner participant separately to determine whether and to what extent agency Inducements are needed. Such discussions take place over the course of project implementation (le. after adoption of the redevelopment plan). Because the outcome of the Interaction between an agency and owner participants cannot be predicted, the degree to which owner participants will assist in the Implementation of the project or the levels or types of agency inducement required to achieve a certain level of owner participatinn cannot be established In advance. Disposition and Development Agreements Disposition and Development Agreements (DDA's) between an agency and one or more developers are tools commonly used by redevelopment agencies. Such agreements are similar to Owner Participation Agreements (OPA's) In that agency Inducements are often required. Tax Increments Tax Increment revenues may be collected by redevelopment agencies from adopted redevelopment projects. Unlike the financing mechanisms noted above, the claim to tax increments Is certain, although the amount of tax increments to be received by an agency each year is uncertain. This ua ertainty is reduced through time, as the agency develops a collection history. Usually after 9.6 years the agency Is able to predict anticipated levels of tax increments with reasonable accuracy. Any predictions must include caveats warning that unforeseen events (such as fires or natural disasters) may reduce anticipated tax Increment revenues. -16• may, t` Even with the possible reduction of tax increments due to destruction of improvements in a project area, tax increment revenues are the most reliable source of funds for a redevelopment agency. This certainty makes tax increments particularly useful to an agency especially In cases where capI!al formation by an agency is needed to undertake a particular project or group of projects. Tai increment revenues can be used to secure tax allocation bonds or notes the principal and Interest of which may be repaid over extended periods of time. Such Issues are one of the most common forms of redevelopment agency borrowing In California. Bonds Under California and federal laws, redevelopment agencies presently have broad authority to sell various forms of tax exempt debentures to finance redevelopment activities of various typea. Because such authority allows an agency to induce or aubsidiee a project without using its own cash, subsidies using tax exempt funds are extremely popular with redevelopment agencies. Such authority on the part of redevelopment agencies effectively gives local government the opportunity to grant state and/or federal subsidies to local projects. Agency authority to Issue tax exempt debt Is monitored closely by state and federal governments. Consequently, federal and state laws regulating the use of such tax exempt financing mechanisms are subject to frequent (and nearly constant) change. While some tax exempt financing authority may be retained, it Is impossible to predict at this time which authorities will be retained or how remaining authorities will be modified. This places a cloud upon agency tax exempt financing authority and makes reliance on this authority for a successful project unwise. Already some redevelopment agencies are beginning to use taxable bonds because of new limitations on authority for using Us exempt bonds. The Agency may also choose to use taxable bonds In the Project. .1 Cooperation Agreements An agency may enter Into cooperation agreements with the city under which the community assists financially or through various improvement activities in the redevelopment of the project area. The benefit to an agency ofsuch an approach Is limited by the ability of the community to participate in such an effort. There an substantial improvements which could be carried out under the authority ofthe CIty of Rancho Cucamonga; however, the City does not have the "sources to carry out all of improvement activities identified as needed in the Project Area. Loans An agency may borrow funds with which to operate and with which to implement redevelopment activities. Of course, loans are to be repaid, so agencies are usually reliant upon tax increment revenues as the source for loan repayment. Agency loans are usually procured from the City. This is logical since the City formed the redevelopment agency and presumably has an interest and stake in the success of the agency. Nonetheless, cities do not have unlimited resources to loan. Consequently, loan repayment, often with inte.st accruing, is sought. In the can of the City of Rancho Cucamonga, It is not possible for the City to loan the agency all of the funds needed to Implement the redevelopment program. On the other hand, the City loans operating funds to the Agency each year, particularly for administration. This gives the Agency an opportunity to be funded while Its seeks funds and funding mechanisms which will support its own existence and its redevelopment programs. Other Funding Sources There are a variety of other funding sources potentially available to sit agency. Sales tax increments, gas tax funds, etc. These funds have In common the fact that they may be loaned by the City to the Agency. In Instances where the City's resources are limited, it is unlikely that substantial funds would be forthcoming unless the agency project or activity -17- 3/ ' 5' were of particular benefit to the community. The Ranch,, Redevelopment Project was formed, in part, because existing techniques, funding rehicles, and resources are Inadequate to achieve the redevelopnent of the Project Area. This means that funding sources other than those already available to the City are essential to the implementation of the Project. C. REASONS FORTAXINCREMENTAUTHORIZATION The Redevelopment Plan for the Rancho Redevelopment FroJect authorizes the Rancho Cucamonga Redevelopment Agency to collect and use tax Increment revenues In addition to other types of revenues and financing vehicles to implement the Project Tax increment revenues are needed because they constitute a certain and steady source of revenue; because there Is great flexibility under Redevelopment Law as tu..ow the Agency is authorized to use the funds in implementing the Proje:t; because the Agency needs to ear — dditional to allocation bonds or notes in order to raise capital to undertake some of the larger projects In both the Project Ana; and because the Agency will give financial inducements for development which can then be recovered from property tax payments as those developments are placed on the tax rolls. D. FINANCIAL LIMITATIONS In accordance with Sections 33333.2 and 33334.1 of California Community Redevelopment Law, a redevelopment plan Is required to include certain financial limitations on tax increments to be collected by the Agency The Redevelopment Plan for the Rancho Redevelopment Project has these limits as required by law. It has been determined by the Agency that the limits presently in the Redevelopment Plan are too low to permit the Agency to complete its program of redevelopment in the Project Area. A key element in the amendment of the Redevelopment Plan is the amendment of these limits to higher amounts. The amender' amounts are as follows and are presented with the old limits for easy reference by the reader. BUZ WE r Current limitation- Taxes as defiv.d in Section 33670 of the California Community Redevelopment Law sbsll not" divided and shall not be allocated to the Agency in excess of $11,255,000 during any one fiscal (tax) year except by amendment of this Plan. Proposed limitation, Taxes as defined In Section 33670 of the California Community Redevelopment Law shall not be divided and shall not be allocated to the Agency in excess of $100,000,000 during any pne fiscal (tax) yearexcept by amendment of this Plan. Currant liadtstion• From time to time as may be appropriate, the Agency may issue bonds and/or notes for any of its corporate purpose.. The Agency may issue such types of bonds on which the principal and interest ale payable from tax increments. The total outstanding principal of any bonds wi issued and repayable from said to increments, shall not exceed $50,000,000 at any one time except by amendment of this plan. Proposed limitation: From time to time as may be appropriate, the Agency may Issue bonds and/or notes for any of Its corporats purposes. The Agency may issue such typesofbonds on which the principal and interest are payable from tax increments. The total outstanding principal of any bonds so Issued and repayable from said tax Increments, shall not exceed $500,000,000 at any one time except by amendment of this Plan. No loans, advances, or Indebtedness to finance in whole or in part the Rancho Redevelopment Project, and to be repaid from the allocation of taxes described in the before- mentioned Section 33670 shall be established or Incurred by the Agency beyond twenty (20) years from the date of adoption of this Plan by the City Council unless the time limitation is extended by amendment of this Plan. However, such loam, advances, or indebtedness may be repaid over u period of Um longer than such time limit, -19- 33 R a� K E. LOW AND MODERATE INCOME, HOUSING FUND Community Redevelopment Law requires the Agency to set aside, in a separate ° low and moderate income housing fund, not less then 20% of all taxes which are allocated to the Agency pursuant to Section 39670 of California Community Redevelopment Law unless certain findings are made. The purpose of this fund is to t: increase and improve the cocommnnity's supply of housing for persons and families of low and moderate income as defined In Section 60093 and very low Income households as defined in Section 60106. The Community Redevelopment Law specifies that, unless an effort equivalent In impact Is currently being undertaken by the City and/or Agency, or that no need exists in the community, this fund shall be created. The Agency may also determine that some percentage less than 20% is sufficient to meet the low and moderate income housing need in the community. -20- 3� V. PROJECT DESCRIPTION The amendment of the Redevelopment Plan is primarily to amend the financial limitations In the Redevelopment Plan (see Section IV of this Report), and to add additional public facilities and public improvement projects to the Plan. The new public facilities are as follows: 1) Foothill Boulevard Improvements 2) Construction ofmulti-purpose community and cultural facilities. A. ESTIMATED PROJECT COSTS Project costs are not precisely known at this time. A key variable In determining costs is a precise plan of and drawings of the planned facilities. Also a factor Is the timing for the construction of the projects, the rate of inflation which oc-urs between now and Lhe time the construction contract Is let and the financing terms associated with the projects. Favorable interest rates or low financing expenses will tend to reduce project costs. In addition, the Agency will pay reasonable adminlstrative costs to implement the Redevelopment Plan, although those costs cannot be precisely determined at this time. D. ESTIMATED PROJECT REVENUE Project revenue Is expected to reach the current tax Increment Umitation contained in the Redevelopment Plan. Without an amendment to the financial limitations in the Plan as described in this Report, the Agency will And it necessary to reduce expenditures for projects already listed in the Plan, or the Agency will find that it must extend the time period for implementing the Project. The proposed Increase In the tax increment limitation is intended to ensure that the Rancho Redevelopment Project can be Implemented as originally proposed and that the additional projects proposed by this amendment can be financed and completed In a timely fashion. 21- kI C. ASSESSBIENT OF PROJECT FEA$IRHATY If past history can be used as a guide, during the term of the amended Redavelopment Plan there will be many charges to redevelopment law and there will be many changes to financing mechanisms and to federal and state programs which may be used by the Agency to implement the Plan. In addition, there will be periodaof national and regional economic expansion and contraction. Few, If any, of these changes and forces will be under the control or Influence of the Agency, yet they will all Influence the implementation of the redevelopment program. As a consequence, it will be necessary for the Agency to be flexible In Its approaches to redevelopment while also being aggressive Ia utilizing every available tool to finance and Implement the Project. Flexibility may require adjusting redevelopment priorities from time to time to respond to changing economic or funding availability conditions. While adjustments to the program may periodically be required, the overall breadth of the redevelopment program is such that the Agency will be, throughout the life of the Project, in a position to promote the eliminrtion of blight and conditions contributing to blight In the Project Area. Consequently, barring crippling economic conditions or other external factors which would seriously degrade the Agency's ability to redevelop the Projzct Area, it is financially feasible to undertake the Project. .22- V1• ALLENDE CO A OOFDETRIMENTALPHYSICAL AND ENOMIC CONDITIONS As noted earlier in this Preliminary Report, there are detrtmeaial physical, social and economic conditions In the Project Area. The Agency proposes alleviate these conditions by undertaking a compreheaeive prom ofpubUc Improvements and by Providing a variety of development incentives which will stimulate new development end rehabilitation activities to the project Area These programs are described is Sections IV and V of this Report Successful Impl he City on of We proposed Project will result in expanded economic activity is the City of Rancho Cucamonga and more particularly In the OpProject Area, Such aetivlty will Increase the number of local employment p rt ti eexpand the community's tax base for the support of essential serviaa, costa to the community of providing some services. More specillcaliq, Project Implementation is expected to alleviate detrt men taI Physical condltio dough the provision ofne, ded public facilities and Imp nu rovements 23- 37 ■ RESOLUTION N0._ 17-00 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AUTHORIZING TRANSMITTAL OF THE PRELIMINARY REPORT ON THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT PROJECT AMENDMENT NO. 1. WHEREAS, the Rancho Cucamonga Redevelopment Agency (the 'Agency') has prepared a Preliminary Report (the 'Report') for the Rancho Redevelopment Project Amendment No. 1; and WHEREAS, the Report was prepared pursuant to the requirements of the Community Redevelopment Law (Health and Safety Code Section 33000 et seg.); and WHEREAS, the Preliminary Report shall be transmitted to each affected taxing entity In accordance with Section 33344.5 of the Community Redevelopment Law; and WHEREAS, said Preliminary Report shall be reviewed by said taxing entities in determining whether to call for the formation of a Fiscal Review Committee. NOW, THEREFORE, ThE RANCHO CUCAMONGA REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOUS: SECTION 1: The proposed Preliminary Report on the Reaevelopment an ar the Rancho Redevelopment Project Amendment No. 1, copies of which have been presented to this Agency as of the date of this Resolution, are hereby directed to be transmitted to the representative of San Bernardino County and to the various affected taxing agencies as required by law. SECTION 2: The Executive Director of the Agency is hereby authorize an rected to make such transmittals. APPROVED AND ADOPTED this day of , 1987, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Chal man, Rancho Cu amonga a ATTEST: Redevelopment Agency ecr tare, ra-KU Cucamonga Redevelopment Agency CrrV OF RA MW CUCAMOPN REDEVELOPMENT AGENCY STAFF REPORT D11En birch 4, 1927 'ID: Chairman, Mebors of the Agency and Executive Dlreotcr FI Mn Jack Lim, AMP, D.mputy Executive Director SIBJWrs RERMIND 1981 'AAX ALinWIGi BONN f1 MbENMTltNm Autborize Staff to proceed with the refunding of the 1981 Tax Allocation Bonds, and authorize the Chairman to execute the consultant contracts. BACEMi0 M In October, 1982, the Redevelopndnl Agency Issued 27,750,000 In Tax Allocation Bonds for the pu pose of financing flood control rnd street Improvements In the Reccvelopnent Project Area. ANALYSIS: With the recent changes In the bond market, analysis Indicates a potential significant savings to the Agency In refunding the outstanding lands. Refunding the Issue would save the Agency $2,642,569 over the life of the Issue, with a rating of "AAA" acaieved by Insuring the Issue. In order to faellitatq the refunding, It Is necessary to obtain the services of Bond Counsel, Financial Consultant, and Underwriter. Boud Counsel will review all of the legal documents, proceedings, aad official statement to ensure that the refunding Issue Is accampllshed in compliance with the most recent regulations. Best, Best k Krieger, the Bond Counsel for the original issue has agreed to act as Boni Counsel for the refunding. The Flnenelal Consultant provides an independent review of the bond structure and costs, review of the Official Statement, and remmendations as to the timing of the Issue. Fieldnan, Rolapp and Associates, the Financial Consultant for the original Issue, has agreed to provide these services for the Agency. a sy 3� Agency Staff Report REFtWINCI IOU Mk BM March 4, 1937 sr Page 2 Mw thWerwriter structures the bond Issue, purchases It from the Agency, and then markets It. The fee will be negotiated between the Underwriter and the Agency, with the help of the Financial Consultant. Respectfully ubmltted, ------------------------ 6060 Jac LAM, Al Deputy Executive Director JL:lMtjk 41 ij i� Fieldman, Rolapp & Associates Allltnt:IPAL ilN/llC1AL COr4U.TANr9 February 24. 1987 Board of Directors Redevelopment Agency ± City of Rancho Cucamonga 9320 C Baseline Drive P. O. Box 807 Rancho Cucamonga, CA. 91730 Re. Financial Consultant Services Refunding of 1984 Tax Allocation Bonds Dear Madam and Gentlemen: Pursuant to your request, Fieldman. Rolapp 8r Associates Is pleased to submit this letter Agreement to the City of Rancho Cucamonga (the 'Agency') for municipal financial consultant Rervices to be performed In conjunction with the refinancing of 1984 Tax Allocation Bonds (the'Projeetry. We offer to assist you in a financial s:lvisory capacity by utilizing and making available to you the research, statistical and consultant staff of car organization to such extent as east' be necessary and helpful. Mr. William L. Ficidman, assisted by Mr. Larry Rolapp, will be directly responsible for providing financial consultant services to you. SERVICES We agree to provide the following consultant services In connection with the Project: A. On behalf of the City, negotiate with the designated underwriter to obtain a commitment to purchase the Bonds which w'll contain reasonable terms and conditions, ruse covenants, Interest rates and discoint. B. Review and comment upon underwriter's recommendations as to the technical features of the financing, including the principal amount of Bonds required, maturity schedules, call features, sinking funds, reserves, eta C. Attend any meetings concerning the Project when deemed necessary and, in addition, be available for consultation aad advice until such time as the refunding issue has been sold. I Center Drive. Sulte 208 • Irvine, California 92715 • (71e)782.2781 Y �i D. Review the financial aspects of all documents relating to the proposed financing including, but not limited to, the official Statement and the Resolution of Issuance. If a due diligence meeting is held, we will participate in such due diligence meeting and assist you in the examination of pertinent financial data. E. Assist the Agency in obtaining an insurance policy providing for guaranteed payment of principal and Interest on the Boods We will make recommendations as to the advisability of purchasing such insurance. Assist the Agency In obtaining a rating from a recognized rating agency. if aPPropdate- F. Assist the Agency in obtaining a rating from a recognized rating agency, if appropriate. FEEL For all services to be tendered under this Agreement, the Agency will pay us a lump sum of Eighteen Thousand Dollars ($18,000). In the event the Project is abandoned prior to the completion of financing. the Agency agrees to pay us a fee equal to the reasonable value of services rendered from the date of this Agreement to the date of abandonment, not to exceed $7.500.001teasonable value for our services shall be determined by using our current hourly rates in effect at the time of such abandonment, plus reimbursement for -trust and customary Out-of- pocket expenses Attached hereto is Schedule *A* of our hourly rates in effect as of the date of this Agreement. EXPENSES The Agency will reimburse us for expenses ieeurred fir travel, lodging and subsistence in connection with travel outside of Southern california,if such travel is necessary in the furtherance or the Protect and is authorized by the Agency. PAYMENT Payment for all services rendered and expeascs incurred pursuant to this Agreement shall be at the closing. In the event of abandonment of the Project, abandonment fees shall be due and payable within fourteen (14) days after such abandonment. TERMS This Agreement shall remain In full force and effect until the financing contemplated herein has been completed or the Project is abandoned, whichever first occurs It Is expressly understood that this Agreement does not .mend to and Is not under t any circumstances to be construed as requirlag us to perform any services which constitute the practice of law. we are employed In an expert financial advisory capacity only. 1 lea MLWVAL V*0WJN. CO SMAWS ■ ,y If the foregoing Agreement is satisfactory to you, please take appropriate action to authorize Its acceptance by signing and returning the duplicate cony hereof Respectfully submitted, FIELDMAN. ROOIL %APP d OCIATES 2 a WLFmjm Attachment Y ACCEPTANCE Executed on behalf of the City of Rancho Cucamonga this _ day of .199 . 5 Br. Title: Date: �4 ATTEST: 1 By: Title: Date: Y� t i, a1 s T. ,tT Y Z,, >_. �-3 y�• 1a1aCNKfaIlJ1CIFL (b1i51ATANIS a N a SCAIEDULF OA• SCHEDULE OF FEES FFFFCrlYK JANUARY 1. 1996 Princivalt of the Firm 3725.00 Per Hour Technlcsl Militants $65.00 Per Hour Secretarial Staff $45.00 Per Hour WAP"ALROVIC"CONSULTANTS F STONE & YOUNGBEFG �wecn• .+anc sroa r.cxu,cr UNDERWRITING AGREEMENT February 17, 1987 The Honorable Chairman and Board Members of the Redevelopment Agency Redevelopment Agency of the City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA 91730 ATTN. Lauren Wasserman, Executive Director Honorable Chairman and Board Members- This letter will serve as an agreement between the Redevelopment Agency of the City of Rancho Cucamonga (the 'Agency') and Stone & Youngberg (the "Underwriter") to serve as Underwriter to the Agency until the parties enter the of tctha the negotiated 000 bonds for prospective refinanc Allocation Bonds, 1984 Series A (the °Bonds'). You have Informed us that the Agency Intends to sell bonds to provide funds for refdnding the Bonds and for this purpose requires the services of the Underwriter to assist in the structuring of the financings and to enter into Purchase Contract that is mutually agreeable to the Agency and the Underwriter. As Underwriter, we will uie our best efforts to bring the bonds to market at the most competitive interest rates practicable under the market conditions existing at the time of the sale. The Underwriter agrees to undertake the below listed services and functions. A. Structuring the Financing. 1 The Underwriter will work with the Agency and Bond Counsel to create a feasible and efficient structure for refinancing the outstanding obligations and marketing the new bonds. 2. The Underwriter will work with the Agency's Bond Counsel in recommending specific terms and conditions affecting the bonds. 3 The Underwriter will prepare an Official Statement on behalf of the Agency (preliminary and final versions, respectively) for sale of the bonds Although it will be the responsibility of the Underwriter to prepare the Official Statement, the Agency agrees to participate in its preparation by providing pertinent Information to be included therein and agrees to review the Official Statement for accuracy as it t1s ONE CALFOPMA arnEEr • &W inAwCLSCO. CALIFOR" 04I11 OM MUM ,Y, .v.• X,. I.- The Honorable Chairman and Board Members Redevelopment Agency City of Rancho Cucamonga February 17, 1987 Page Two relates to matters concerning the bonds, the City and the Agency. The Official Statement will include a description of the bonds, the funds available for their retirement and pertinent financial and economic data on the Agency. The execution and delivery of the Official Statements will be duly authorized by the Agency for use in marketing the bonds. 4 If the Agency so requests, vs will assist in arranging the selection of a Trustee. B Marketing the Securities: 1. At the designated time for sal, of the bonds, the Underwriter will submit an offer to the Agency snd Its financial advisor to purchase the bonds, subject to pertinent resolutions, the Official Statement, and all other necessary documents, approvals, and proceedings governing such bonds having been determined by Bond Counsel, the Agency, and the Underwriter to be satisfactory in all respects for financing purposes. It is Intended that, once purchased, the bonds will be re- offered to the rublic on the basis of an Immediate "bona fide public offering" The Underwriter may form a group of Investment banking firms for the purpose of underwriting and selling the bonds 2. At least one day prior to the submission of any such formal offer to the Agency for the purchase of the bonds, the Underwriter will indicate to the Agency and its financial advisor the interest rate or rates, the purcha•2 price from the Agency, and public offering price of the bonds -;nlch we then estimate will be Included to such offer. If, after pegotlations to good faith, the Agency and the Underwriter fail to ajree on the terms of sale of the bonds, and upon written notice to the Upderwriter, the Agency may then offer the bonds for sale to others. C. General Provisions Relating to the Agency and the Underwriter: 1 The Agency agrees to make available to the Underwriter without cost, suffictent copies of any applicable reports, agreements, contracts, resolutions, and other relevant docusrnts pertaining to the projects, the Agency or the bonds as reasonabiy may be required from time to time for the prompt and efficient performance by the Underwriter of Its obligations hereunder. 2. The Agency shall pay from the proceeds of the bonds all costs and expenses customartly paid therefrom Including the cost of printing the bonds and the Official Statement, and any other documents, the fees and expenses of its legal counsel, Bond Counsel, accountants, architects, engineers, and of any other experts or consultants retained by the Agency in connection with the financings. M S The Honorable Chairman and Board Members Redevelopment Agency City of Rancho Cucamongr February 17, 1987 Page Three 3 It Is expressly understood and agreed and the Agency hereby recognizes that to performing its activities, the Underwriter is acting solely on its own behalf and plans to submit to the Agency a proposal to purchase the bonds for resale. Nothing herein shall be construed to e make the Underwriter an employee or financial, fiscal or other advisor of the Agency, or to establish any fiduciary relationship between the Agency and the Underwriter. It is understood and agreed that the Agency shall not be required to compensate the Underwriter for services provided to the Agency under this agreement if the bonds are not sold If the bonds qualify for bond insurance, and the Agency elects to sell the bends with such insurance, the Agency shall include the insurance premium as an expense of the refinancing. 4 Nothing herein shall prohibit Stone S Youngberg from acting as Underwriter or financial advisor to the Agency on other financings. 6 Upon termination of this agreement, the Agency shall be under no further obligation to the Underwriter hereunder. Upon your acceptance set forth below, this letter will constitute an agreement between the Agency and the undersigned Very truly yours. STONE 8 Y�BERG co �So Ie Partner Accepted this day of , 1987 ? By Title SCS:cn <0078C1 y7 t .:AO. o`ow. L• IyR l' �N[.� • a N.�l eWuwlq .pure }.mar .nips A.D.. PvY�r v{T.{ \F• W [DOA A wNO.[ WYY w.pW.•lr LW. R WDI 1g1q W[ ��I•r�Y VL• au.l[. a plq. ulo"�u°P°tr °irs. 4Y{IYYO Mro A Yiw "W orriccs or BEST. BEST 4 KRIEGER 4" NIts10N saUAOC 3700 YNNCRSIW AVLNOC ron o,ncc sot, rots PJv"s1OC.G3.1MRNM OCCos Ttl[ /NON[(,YJ 000•Y00 TCLLGO/rCl1 dY) CCa•30t7 vYt.O No WN•r.q pros Nn Wu+,r] February 25, 1987 Honorable Chairperson and Members of the Redevelopment Agency of the City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, California 91730 Res Proposal for Bond Counsel Services for Proposed Redevelopment Agency of the City of Rancho Cucamonga, Rancho Redevelopment Project 1987 Tax A110- cation Refunding Bonds Ladies and Gentlemen: amts rq MW L,MNOL (HL)IIL.AL. 11.V910 NNINL (w)aw•,w LAN OIL00 (oL).LML1L /Alq OL9LM N.A}I {wa....D, mww A ODwgA W m1l..Ll pa WD AD.OA V COW \p �.�1'CAAi rOMr OI Omar We are pleased to submit this proposal for bond counsel services in connection with the proposed issuance of tax allocation refunding bonds by the Redevelopment Agency of the City of Rancho Cucamonga for the Rancho Redevelopment Project. The firm of Best, Beet i Krieger would be pleased to serve as bond counsel on this financing and proposes to perform the following services on the basis set forth in this letter. We will confer and consult with Agency staff and the Agency's financial consultant on all matters relating to the financing including participation in the review and selection of appropriate financing methods. We will assist the Agency in identifying the most advantageous method of financing based upon our experience and we will attend all meetings of the Agency's staff and corsultants at which financing methods are to be discussed and analyzed for sum cessful completion of the financing. 7 0 uw ornccs or BEST, BEST & KRIEGER Redevelopment Agency of _As City of Rancho Cucamonga February 25, 1987 i Page 2 our services will include the preparation of all ordinances, resolutions, bond forms and other documents required in the proceedings. We will also review any official statement prepared on behalf of the Agency, and attend all meetings in which any action in connection with the proceedings is to be taken. Subject to completion of the financing to our satisfaction, Best, Hest s Krieger will issue its approving legal opinion to the purchasers of the bonds to the effect that all proceedings have been legally undertaken for the authorization, issuance, sale and delivery of ouch bonds, or other transactions relating to the financing and that the bonds are exempt from inclusion in gross income for federal income tax purposes and are exempt from state personal income Lax. Wo will also issue appropriate supplemental opinions and certificates as may be necessary or appro- priate. Finally, we will confer and consult with Agency officials with respect to problems which say arise during the period of servicing and payment of the bonds and provide any and all other services commonly expected of bond coun- sel. Our fee for the foregoing legal services will be based on the total principal amount of bonds to be sold and will be computed as follows: Total Amount of Bonds Autnorized Fee $1,000,000 of less $10,000 $1,000,000 to $5,000,000 $10,000 plus 40% of the excess over $1,000,000 $5,000,000 to $10,000,000 $26,000 2x,000 plus ver .125% of the $10.000,000 or more $32,260 plus .10% of the excess ver $10,000,000 T / uW o,ncts or BEST. BEST 5 KRIEGER Redevelopment Agency of the City of Rancho Cucamonga February 25, 1987 Page 3 The above fees will be payable only upon completion and sale of the bonds from the proceeds of the financing, and not otherwise. If other services are requested by the Agency which are not within the scope of those outlined above, they will be performed on a time basis at the hourly rate of the attorneys involved. In the event this financing is not completed for any reason, the Agency will have no liability for any fees incurred by our firm with respect to the financing. In addition to the above bond counsel fees, we would expect to be reimbursed by the Agency for out -of- pocket expensPS incurred by us on behalf of the Agency, such as long distance telephone calla, telegrams, messenger and courier services, travel at the request of appropriate Agency officials, duplicating, computer time sharing and the like. If this arrangement is satisfactory to you, please have the Board of Directors of the Agency authorize our employment according to the terms of this letter and return to us a copy of this letter executed by an authorized officer of the Agency. Respectfully subm�it�tee�d, O . J rHaum of Best, Best i Krieger FJBSjcq TERMS OF BOND COUNSEL EMPLOYMEW. APPROVED THIS DAY OF March, 1987. Authorized Officer of the Redevelopment Agency of the City of Rancho Cucamonga FJB0504 ... s. .. so CITY OF CANCHO CUCAMONI REDEVELOPMENT AGENCY STAFF REPORT DATE: March 4, 1987 TO: Chairman and MemL -s xf the Agency FROM: Jack Lam, Deputy Executive Director BY: Olen Jones, Redevelopment Analyst SUBJECT: REFUNDING 1984 SINGLE FAMILY MORTGAGE REVENUE BONDS RECOMMENDATION: Authorize the Mayor to execute consultant contracts and staff to proceed w th there unding of the 1967 Single Family Mortgage Revenue Bonds. BACKGROUND: In August, 1987, the City Issued $21,376,000 In Single Family Mortgage event for the purpose of assisting Rrst -time tame buyers in purchasing a new home. The Interest rate for thin issue was 11.126 %, which at the time was substantially less than the market rate. ANALYSIS: the Trustee for the Issue has Informed staff that approximately $8,000,000 rcme lN IIn the Mortgage Purchase Account. Given the current market rates available, staff does not anticipate any demand for this money. In order to utilize the remaining monies, staff has been exploring the possibility of refunding the outstanding bonds. Under current federal law, the Agency may Issue refunding bonds for the purpeee of providing new monies to retire the outstanding 1994 bonds. These bonds could be sold anytime after April 1, and before June 30, 1987. Following the sale of the refunding Issue, remaining amounts in the 1984 mortgage purchase accounts would be transferred into a new escrow providing for a new origination period (one to three years) at a below - market Interest rate (7- 7.8 %). As an added benefit to the lower mortgage rate, lhLs refunded Issue will also retain the restrictions of pre - Tax Reform Issues. This means that the Income and ages price restrictions are more flexible, making It easier for more first -time home buyers to quality for the program. This does not Involve any expenditure of Agency funds. Respectfully submitted, Jack Lam, AIUP Deputy Executive Director S/ i, AGREEMENT FOR SPECIAL LEGAL SERVICES HOME MORTGAGE FINANCING PROGRAM THIS AGREEMENT, entered into this 23rd day of March , 1987 , by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal cor^o•ation (the "City"), and JONES HAL'. h!LL b WHITE, A Professional Law Corporation, San Francisco, California (" Attorneys") WITNESSETH• WHEREAS, the City is undertaking a home mortgage financing program ( "the Program ") within the City of Rancho Cucamonga and proposes to finance the furthor costs thereof by a again conducting Nome Mortgage Revenue Bond proceedings; WHEREAS, Attorneys are experienced in municipal and municipal bond law and in the conduct of proceedings for accomplishing such a Program and conducting financing proceedings therefor; WHEREAS, the City intends to assign a portion of its allocation to issue mortgage renenue bonds to its Redevelopment Agency and it is appropriate that this kgreement contain provision for legal services with respect to the allocation assigned to the Redevelopment Agency; and WHEREAS, the public interest, economy and general welfare will be served by this Agreement; NOW, THEREFORE, IT IS AGREED, as follows: 1 Duties. Attorneys shall provide the following services: a Consult and cooperate with the City's consultants, underwriters and the administrative officers of the City In the formulation of a coordinated legal and financial Program; b Prepare all documents, including, without limitation, ordinances, indentures and resolutions necessary for the proper conduct of proceedings for the issuance of securities for the purpose of financing the Program; c Prepare and provide a receipt for the sale of securities, a receipt for the proceeds of securities, a signature and no- litigation certificate, a non- arbitrage certification and all other documents required in connection with the delivery of the securities; .S a' d Aid in the preparation of transcripts of the conduct of the financing proceedings necessary to accompany the delivery of securities; e. Apply for and obtain any Internal Revenue Service or other rulings necessary to assure tax exempt status of the securities, or as required by the purchaser of the securities; f. Analyze and determine the need for obtaining a permit to issue securities under the Securities Lars (State or Federal) or no- action letters from the Securities and Exchange Commission and Califorria Corporaticns Commission; Upon due and proper c--t,,l.0on of proceedings, provide its legal opinion unqualifiedly approving in el, regards the legality of all proceedings for the authorization, Issuance and delivery of any securities or other transactions related to the Program, which opinion shall inure to the benefit of the pu rchasers of the securities; and h. Provide other necessary services generally expected of bond counsel not listed above. In addition, Attorneys shall render all o0ar services generally provided by bond counsel, including, without limitation, rendering any and all necessary legal advice to the City with respect to legal questions on issues that may at 'se relative to the financing during such time as the bonds are being contemplated, processed, Issued, and sold, and during such time as the same are outstanding. 2 Compensation. Compensation for the services shall be based on the following percentages of securities issued and sold: One -half of one percent (1 /2%) of the principal amount of the securities to a principal amount of $5,000,000; plus One- quarter of one percent (1/4%) of the principal amount of the securities over $5,000,000 up to $20,000,000; plus one -tenth of one percent (1 /10%) of the principal amount of the securities over $20,000,000; provided, 'towever, that the total compensation payable to Attorneys hereunder, Including amounts payable pursuant to the next succeeding paragraph 3 shall not exceed in the aggregate $120,000. In addition, Attorneys shall be reimbursed for out-of-state travel expenses, for copying and closing costs and for the expenses of delivery and messenger services. Our fees and expenses are payable solely upon bond sale and delivery, from, the proceeds of the Bonds and developer fees, and not otherwise. 53 3. Redevelo went A an Mort a e Revenue Bonds If the City shill assign a portion o is a ocat an rpm the rate ortgage and Allocation Committee and the Redevelopment Agency shall issue mortgage revenue bonds pursuant thereto, then Attorneys aaree to provide the same legal services to the Redevelopment Agency as herein described for the following compensation: One -half of one percent (1 /2X) of the principal amount of the securities sold by the Agency to a principal amount of $5,000,000; plus One- quarter of one percent (1 /4S) of the principal amount of the securities sold by the Agency over $5,000.000 up to $20,000,000; plus one -tenth of one parccnt (1 /10%) of the principal amount of the securities sold by the Agency over $20,000,000; provided, however, that the total compensation paysble to Attorneys hereunder, including amounts payable pursuant to the next preceeding paragraph 2 shall not exceed in the aggregate $120,000. In addition, Attorreys shall be reimbursed for out- of-state travel expenses, for copying and closing costs and for the expenses of delivery and messenger services Our fees and expenses are payable solely upon bond sale and delivery, from the proc+eds :f the securities sold by the Agency and developer fees, and not otherwise 4. Exceptions. The following services are excepted from the services to be rendered for such percentage fees: a Any computer services for verification of cash flow schedules relating to the Program. b. Any services to be rendered in any litigation involving the City. c. Any services required in obtaining Federal, state or other subventions or loans other then a sale and delivery of municipal securities to any Federal or State agency For any such set iicos which Attorneys are directed to render for and on behalf of the City, compensation shall be on a reasonable fee basis to be agreed upon, other thar. a validation action, which, if necessary, shall be handled for no additional charge. 5 Scope of Employment It is Intended that this Agreement apD1Y to one a series of securiti for the Program. The City is not precluded from employment of other attorneys to handle subsequent series of securities.; It is understood that this Agreement m, - be terminated by either party on reasonable notice to the other without liability to the MY. ;{ Sfe ,n5 Y•i LF IN WITNESS WHEREOF, the partiv, hereto have caused these presents to be executed by their respective officers and renresentatives thereunto duly authorized, the day and yea^ first above written. CITY OF KkNCHO CUCAMONCA, a municipal corporation Attest: BY - -Mayor City Clerk (S E A L) JONES HALL HILL & WHITE, A Professional Law Corporation Dy Andrew C. liall, APPROVED AS TO FORM: Office of the City Attorney r, `rY •4: .h 4 S,(v y1, ft ■ Fieldman, Rolapp & Associates MUPA WAI FKkN=COMSATVU3., March 26, 1987 $, Honorable Mayor and City Council y. City of Rancho Cucamonga s• and Z' Board of Directors City of Rancho Cucamonga Redevelopment Agency 9320 C Baseline Road P.O. Box 807 Rancho Cucamonga, CA 91730 Re: Financial Consultant Services 1984 Single Family Mortgage Bond Refunding Financing Programs i., } Gentlemen: This letter proposal is submitted in accordance with a ° request from Jack Lam, Director of Community Development. The proposal is concerned with furnishing financial f; consultant services to be performed in conjunction with the ;. Mortgage Revenue Bond Financing Program ( "Program ") "g contemplated by both of your Agencies. We understand that our responsibilities to the City and the RDA will be as follows: "Consultation with the underwriter, bond counsel and others as necessary, concerning bond financing, timing, terms, and their structure including the review and comment on: - Structure of the plan of financing ' - Developer agreements and commitment tee schedules ; - Mortgaging sale and servicing agreements - Draft of preliminary official statement - Feasibility study - other financing documents necessary to establish i terms of the bond issue." S6 u]neaa cauter Drive, Buie Oo0 • lrvlue, California 02715 • (714) 762.2701 The services which we will provide are as follows: 1. scope of work A. General Assist in providing financial consultant services in connection with any and all financing requirements an they pertain to the proposed Program. In this connection, we will make available to you the research, statistical and consultant staffs of the Fieldman, Rolapp and Associates organization to such extent as they may nocessary and helpful. B. Specitic Services 1) Review of Documents. Review of the financial aspects of all documents pertaining to the Program. This includes review an9 comment on developer agreements, commitment foe schedules, mortgaging sale and servicing agreements, and marketing fcasibility studies. 2) Municipal Bond Market. Furnish the city with information concerning the then current munielpal bond market conditions and make recommends[ ions as to the technical details of the financing, including waturity schedules, funds, covenants, prior redempt!on schedules, and other details which will, in our o)sinion, asks the proposed financing Mont acceptable Li the designated undervritrr7 and, therefore, marketable at the lowest possible interest rate. 3) Negotiated Sale. Assict the City and the RDA in negotiating the sale of the contemplated bonds to the designated underwriter. In this connection, we will review and comment and advise the City and the RDA on coupon. rates, the bond discount, and the underwriter's gross profit in an effort to assure a satief3ctory not effective interest rate. d) Official Statement. Assist the City and the RDA in the review of the official Statement prepared by the underwriter. If a due diligence meeting is held, we will participate in such due diligence meeting and assist you in the examination of pertinent financial data. �w 2 57 1iS WNAWAL iPUnWe Cd1MIANTS 9: w ' - r 5) Consultation /Advice, attend ally meetings concerning the Program when deemed necessary, and, in addition, will be available for consultation and advice until such time as the bonds issued to finance the Program have been sold. These meotitgs include, but are not limited to, work sessions and seminars and conferences with other professional consultants associated with the Program prospective developers, and lenders. 6) degotiat.ona with State of California. Assist in pertinent negotiations with appropriate State of California agencies. 7) project Negotiations. Assist in negotiations with developeta, lenders, and others concerned with the Program. 8) Project Criteria. Assist in developing Program criteria in accordance with the City's housing element plan. ` 9) Critical Path. Assist in the development of the critical path of events. ;. 10) Attendance at Bond Closing. we will compute closing figures lnelagiag accrued interest and assist in coordinating the ev "nts of the 9 closing. 2. Foos The fees for satviceo rendered hereunder shall be paid by the City and the nedevelopmeat Agency pro rata based upon the par value of bonds sold by eae)i Agency and will be as follows: ?} a. $7,500 at the time the agencies receive the one -half point appllcaLlon fee from the developer; plus b. 02,500 at Cis time the Agencies receive the commitment fee frum the developeta) plus c. 1. if the par value of the bond issue is between �.•`j, $30,000,000- 040,000.000 - 77'000 at the time the bonds sold to finance the Programs are delivered to the underwriter) or 3 LAOXVAL MMdCUL CaN9.41, 1AMIS 2. If the par valu6 of :he bond issue is between 940,000,000 - $50,000,000 - 611,000 at the time the bonds sold to finance the Programs are delivered to the underwriter; or 3. If the bond issue is in excels of $50,000,000 - $15,000 at the time the bonds sold to fin,3nce the Programs are delivered to the underwriter. 3.Erpenses ' We will pay our own out -of- pocket expenses; provided, however, that if travel outside of Southern California is necessary in the furtherance of the Program and such travel Is authorized by the City and the RDA, the City and the RDA will reimburse us for all coats of such travel and expenses incident thereto, including lodging aid subsistence. 4. Terms The City and the RDA may terminate this Agreement by giving written notice thereof to Consultant, provided that the City and the RDA shall be obliged to pay us for all work +- performed and all direct costs incurred prior to receipt of notice of termination by us. r. r It is expressly understood that this Agreement does not intend to and is not under any circumstances to be construed as requiring us to perform any services which constitute the practice of law; we are employed in an expect financial 4 advisory capacity only. If tha foregoing proposal is satisfactory to you, please take appropriate action to suthorizo its acceptance by signing and returning the duplicate copy hereof. r Respectfully submitted, k /PSELDN /AUN(n/,R Vain ASSOCIATES •�Nm II. � s WLF /Pao 5 f�i ;'. ■ c Executed on behalf of the City of Rancho Cucamonga and the City of Rancho Cucamonga Redevelopment Agency. i CITY OF RANCHO CUCAMONGA I R By CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY BY ATTEST: L� :i 'i 5 .Yid P f � yy Fieldmanr Rolapp & Associates - laracm�trwuic�ucarnuT�uaa . EXHIBIT "A" a µ SCHEDULE OP PSE9 i rFPECTIVE JANUARY 1, 1985 Principals of the Pirm 985.00 Per Hour r w x M Technical Assistants 945.00 Per Hour 6 SuligS03 _• Irving, California 92715 • (714)7IV•87E1 CITY OF RANCHO CUCAMON REDEVELOPMENT AGENCY STAFF REPORT DATE: March 4, 1987 TO: Mayor and Members of the City Council FROM: Jack Lan, AICP, Director of Community Development SUBJECT: AGREEMENT BETNEEN THE CITY OF RANCHO CUCAMONGA THE y R THE ClIT OF RANCHO CUCAMONGA. FOOTHILL AND THE FIKL FKUM611ON CHECK SERVICES REC04MENDATION: Approval for the Mayor to execute the attached gr ement etween the City, the Agency and the Foothill Fire Protection District regarding plan review and plan check services. BACKGROUND: In June o this year the Redevelopment Agency adopted t e u ge for Fiscal Year 1986 -87. As part of the budget process the Agency reviews the anticipated revenues and expenditures for Fund 25 - Fire Protection Fund. This fiscal year the Agency included in Fund 25 the provision for the expenditure of up to $55,000 to pay for new plan check and plan review services. STATUS: An Agreement has been prepared by staff which outlines t—We—areas of participation by the City, the Agency and the District. The Goal of this cooperative participation is to improve the plan review and plan check services presently offered by the District. Basically, the Agency will provide funds for the District's employment of one new plan review and plan check person if the District will match it with a new person from their own resources. It is expected that with the two new staff members that the District will be able to provide a two -week turn around for first checks and a one -week turn around for all others. Further, the District will be able to place a plan check person at City Hall to Improve coordination as well as public relations. This level of plan review will greatly improve the District's ability to respond to the plan check activity within the Project Area and the City. The City Attorney has reviewed the Agreement and has approved its content and format. On February 17, 1987 the Foothill Fire Protection District Boird reviewed and approved the Agreement. Comunity Development Director 50 } , AGREENUT BETWEEN THE RANCHO CUCANONGA REDEVELOPMENT AGENCY, THE CITY OF RANCHO CUCAHONGA AND THE FOOTHILL FIRE PROTECTION DISTRICT FOR PAYMENT OF PLAN REVIEW AND PLAN CHECK SERVICES This Agreaart, betueen the Rancho Cucamonga Redevelopment Agency (the 'Agency'), the City of Rancho Cucamonga (the 'City) and the Foothill Fire Protection District (the 'District'), is entered Into this day of . 1987. WHEREAS, in order to carry out Redevelopment, as defined and outlined in Sections 33020 and 33021 of the Health and Safety Code, it is necessary for the District to have adequate plan review and plan check capabilities; and WHEREAS, the Agency and the District agree that in order to provide effective and efficient plan check and plan review services to keep pace with the present demands of Redevelopment activity, there is a need for two plan check and plan review personnel which are in addition to the District's existing plan review and plan check staff; and WHEREAS, in order to improve the District's plan review and plan check capabilities, the Agency agrees to provide funds to the District in order to pay for personnel costs associated with the employment of one of the two .v# needed plan review and plan :heck positions; and _ -1- �x WHEREAS, the Agency is authorized to utilize tax increment monies which have been deposited into the Fire Protection Fund pursuant to Section 33678 of the Health and Safety Code for said purposes; and WHEREAS, the District agrees to make available funds from their own resources which will provide the necessary amounts, when combined with the Agency's funding, to pay for all personnel costs associated with the employment of the tvri plan review and plan check personnel. NOW, THEREFORE, in consideration of the commitment of both the Agency en! the District to improve the effectiveness and efficiency of the District's plan review and plan check Capabilities, the parties hereto agree as follows: ARTICLE I: RESPOIWSIBILITIES OF THE DISTRICT I. The District shall retain, within four (4) months of the date of this Agreement, and continue to employ as long as this Agreement is to effect, two persons who can provide fire protection plan review and plan check services. Not less than one of these plan review and plan check personnel, whose title shall be Fire Safety Analyst, shall fulfill the qualifications and job duties as described on the attached Exhibit A. If the District determines that during the recruitment process no candidates are qualified to perform the plan check and plan review then the District agrees to continue the recruitment process. If additional time s needed by the District for this purpose, It �s! shall be agreeJ upon between the City of Rancho Cucamonga Building Official, or designee, and the District. 2. The District will be responsible for the recruitment of the two plar. review and plan check personnel. During the recruitment process the District will include the City of Rancho Cucamonga Building Official, or designee, in the decision making process for the screening of all applications and the oral Interview board for the Fire Safety Analyst position. Prior to the recruitment process the District shall submit to the Agency a copy of the job announcements which outline the job duties, qualifications and knowledge of both plan review and plan check positions. The District agrees that during the performance of this Agreement It will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age or national origin. 3. Ps soon as possible, and in no event later than six (6) months from the employment of both positions, the District shall establish guidelines and schedules for plar review and plan check processing. District shall exercise diligence to implement as nearly as possible the following schedule: , • a) a maximum of ten (10) working days for first plan check submittals - r b) , maximum of five (5) working days for second and all plan check U re- submittals thereafter. R The stmt date that will begin the processing schedule time is the date that the plans are received by a District representative. The date that the plan re•Iew and plan check process will be considered complete is when a completed correction list or final approval is returned to the City Building and Safety „ -3- !O-� Division. The working priority of the Fire Safety Analyst is to procoss development proposals as quickly as possible and to comply as nearly as possible with the schedule established by this Agreement. The plan review and plan check duties shall take precedence, except in emergency situations, over other job duties and fire prevention functions. 4. Within six (6) months frcm the date of employment by the District, the District will relocate the Fire Safety Analyst to the offices of the City of Rancho Cucamonga Building and Safety Division. The District will be responsible for providing all of the necessary office furniture, equiprent. code books, reference material and other supplies needed by the Fire Safety Analyst to perform the job duties outlined ir. Exhibit A. From the time of relocation, and so long as this Agreement remains effective, the Fire Safety Analyst shall be available to the public between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excepting recognised District holidays, + approved vacations and sick leave absences or leaves of 46ence authorized by the District. 5. Upon the vacancy of one or both of the plan review and plan check positions covered by this Agreement, the District will initiate recruitaent l proceedings so that the vacant position(s) are filled within four months of L i'• Weir vacancy. The District will include the City of Rancho : ucamonga �y Building Official, or designee, in the decision making process of screening r all applications and the oral interview toard for the Fire Safety Analyst r^ ' position. ,,fr w:. �?�3r �: ",r`•,; T•ixv..- :tit, e°�;+`!_p;, ° ?+ }b.a"�4 . v"i_` c/n:: 9 6. The District shall insure that the plan review and plan check workloads are distributed between all District plan review and plan check service staff so that the processing schedule time limits are met. 7. The District shall be responsible for preparing and providing any necessary employee evaluations, or other personnel reports that are normally prepared by the District. The District shall also be responsible for Implementing any necessary disciplinary actions associated with the two new plan review and plan check personnel. In preparing said report the District shall consider and include the information provided by the City under Article 7 III, Part 3. 8. The employees to be retained pursuant to this Agreement shall be considered employees of the District fo: all purposes including, but not limited to, workers' compensation purposes. 9. The District shall indemnify the City and its elected officials, officers, agents and emaloyees and save them, and each of them harmless from any and all claims, damages, actions and causes of action in any way related to or connected with the activities of the District's employees within or about any real property owned or occupied by the City of Rancho Cucamonga pursuant to this Agreement to the maximum extent permitted by law. 10. The District shall use its best efforts within the terms of this Agreement, to insure that effective and efficient plan check services are provided. „ - -5- 7 ARTICLE 11: RESPONSIBILITIES OF THE AGENCY 1. The Agency shall contribute monies to the District for the salary and benefit costs associated with the Fire Safety Analyst up to a maximum annual amount of $55,000. The Agency shall contribute In two equal annual Installment payments of not to exceed $27,500 each. The first installment to the District will be made once the District provides evidence that both plan review and plan check positions have been filled. The second installment, and all subsequent installments. shall occur in six (6) month intervals from the date of the initial contribution. The amount which tit Agency contributes to the District will be adjusted for any salary change due to cost of living or evaluation Adjustment. In the event the Fire Safety Analyst position becomes vacant, or if the Analyst is unable to perform the job duties outlined In Exhibit A, the Agency +. shall imm ediately discontinue its installment payments to the District. Once the position is filled, pursuant to Article I, Part S. the Agency will resume making installment payments provided that the District has complied with all of the terms of this Agreement. The Agency will calculate and credit any monies which have been contributed to the District but which were not expended .: due to the vacancy of the position. C In the event that the second plan review and plan check position becomes vaunt for more than four (4) months the Agency shall immediately discontinue Its installment payaents to the District. Once the position has been filled, the Agency will resume making installment payments provided the District has _6_ w5 complied with all of the terms of'this Agreemeat. The Agency will calculate and credit any monies which have been contributed beyond the allowable four (4) months to the District but which were not expended due to the vacancy of the position. 2. The Agency shall pay the District from tax increment monies deposited into Fund 25 - Fire Protection. The funding obligation covered by this Agreement shall be considered as a junior lien debt of the Agency incurred on behalf of the District. ARTICLE III: RESPONSIBILITIES OF THE CITY 1. Within six (6) months from the date of employment the City shall provide work space within the Building and Safety Division for the Fire Safety Analyst position. 2. The City shall provide the necessary support services that are directly related to plan review and plan check functions of the Fin Safety Analyst while the position 1s located within the City offices. These services shall include: use of photocopying equipment, computer equipment as needed to expedite plan check processing, clerical services, writing paper 4nd writing instruments. City support services and equipment which the Fire Safety Analyst does not have access to include City vehicles. 3. The City will provide any information which the District requests in order to prepare any necessary employee evaluation or personnel report for the Fire Safety Analyst. The City will provide the information within three weeks 1 I r d of receiving a written request from the District which specifies the type of information needed. In addition, at the City's option, the City may provide employee performance information, or other feedback reports, to the District so that the District can be apprised of the quality of the Fire Safety Analyst's performance. 4. The City shall use its best efforts, within the terms of this Agreement, to insure that effective and efficient plan review and plan check services are provided. ARTICLE IV: TERMINATION OF AGREEMENT This Agreement may be terminated by any of the parties involved should one or all of the parties fall to meet its responsibilities as outlined in this Agreement. In addition, this Agreement may be terminated if it is shown that the Fire Safety Analyst is not able to satisfactorily perform the duties and qualifications of the position or is no longer needed for the purpose of expediting the District's plan check and plan review process. Should any of the parties wish to terminate this Agreement written t notification must be made to the parties hereto which identifies the reasons for termination. Termination shall be effective within 30 days of this F written notification. -8- 7a r ARTICLE Y: AMENDMENTS TO AGREEMENT No change, amendment or modification to this Agreement shall be effective unless it is signed and approved in writing by the parties hereto. ARTICLE VI: ENTIRE AGREEMENT This Agreement supercedes any and all other agreements, either oral or in writing, entered into by the parties with respect to the subject utter herein. i " IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year tint set forth above. E:: AGENCY: CITY: Agency Chairman Mayor FOOTHILL FIRE PROTECTION DISTRICT: Board Chairwn .A ■ EXHIBIT •A• FOOTHILL FIRE PROTECTION DISTRICT FIRE SAFETY ANALYST (Non - safety) DEFINITION: Under direction of the Fire Marshal and in cooperation with the City of Rancho Cucamonga. Building and Safety Division, reviews and checks building plans, specifications and fire protection systems to insure compliance with all applicable fire protection codes, ordinances, regulations and requirements; to meet with architects, builders, business owners, city officials and members of the public and provide information, assistance and code and ordinance definition and interpretation; to conduct inspections of commercial, Industrial, institutional, public and residential occupancies; and to do related work as required. EXAMPLES OF DUTIES: Analyzes plans, data, programs and reports to control fire safety problems prior to construction and conducts technical inspections after construction to ensure compliance; reviews building plans to assure adequacy of fire requirements; meets with architects, builders, business owners, city officials and the public to define code and ordinance requirements; conducts inspection of commercial occupancies to determine compliance with state and local regulations and makes recommendations for improved fire protection; works ' closely with Fire District personnel, and other departments and other agencies <' in coordinating plan and hullding review and fire protection service; reviews 0.i. tf" statistics regarding fire cause In relation to existing provisions of the Firo 7 7' i e s Code and recommends changes as needed; participates in development, presentation and evaluation of public relations /educational programs, fire safety and prevention, hazard abatement programs, company inspection and fire fighting training programs in fire orovention and inspection and other related programs; enforces fire safety code provisions of a technical and complex nature; witnesses tests of fire protection systems; prepares special, comprehensive and routine reports and maintains records;compiles a variety of statistical data; assists fire/arson investigators in gathering evidence and preparing cases for criminal prosecution; attends seminars, meetings and conferences to stay abreast of developments in the field; assists in coordinating and supervising plan check activities; serves on committees and task forces. SPECIAL REQUIREMENTS:_ Possession of an appropriate California vehicle operators license issued by the State Department of Motor Vehicles. i DESIRABLE QUALIFICATIONS: Knowledge of: Applicable City, State and special agency fire laws, ordinances, regulations and requirements; Technical fire inspection methods and techniques-, Fire protection, sprinkler and supply systems; Fire prevention methods, programs and equipment; General building, electrical and plumbing codes and ordinances; Public regulations aspects of fire protection and protection ;? activities and services; Filing, recordkeeping and report writing practices. 7..3 'i" ABILITY T0: Review and check building plans, specifications and fire protection and sprinkler systems to insure compliance with all applicable fire protection codes, ordinances, regulations and requirements; Conduct effective inspections of assigned commercial. Industrial, institutional, public and residential occupancies; Analyze data, recognize problems, make appropriate decisions and to use resourcefulness and tact In resolving problems; Provide Information, assistance and code and ordinance Interpretation and definition to architects, builde,s, business owners, city officials and members of the public; Establish and maintain effective working relationships with district and employees; Express ideas clearly and concisely, orally and in writing, to groups and to Individuals; Prepare and maintain a variety of activities with other divisions and agencies; Read, interpret and apply terms and requirements of pertinent codes, ordinances and regulations; Effectively represent the interest of the District in all public contact and inspection activities; Perform rapid, accurate statistical calculations; Investigate complaints regarding the specific areas of responsibility and makes necessary recommendations or corrections, write necessary correspondence, and reports and follows through until the use is Work effectively and independently without direct supervision. TRAINING AND EXPERIENCE: Any combination of training and experience which w^-,ld provide the required knowledges and abilities. The experience should inc,ude at least one year of professional experience in fire protection and building plan review or in a closely related field. 75/ i4+ � �d EGUCATIGN• t Graduation from an accredited four year college or universit; with specialization in Fire Protection Engineering or a closely related field. 9 a j4 tV_ �A f. M 4 7S IV t�Y a f.� i rMA, IM .r Lions Park Community Center 9161 Rave Line Road Rancho Cucamonga. California March 4. 1987 - 7.70 0 ■ All 'tear aakmittad for the City Cvmcil Agenda wet W is witiaa. The dadlise for aandetlaj theme star is 5:00 p.m. s the Wednesday prior to the meting. The City Clark's Office receives all each items. A.._ Gil. TO ORM 1. Pledge of &llejiauce to Ping. 2. Roll Cali; Rroen _. Ruquet _, Stout Ring _, and Wright g. Irer•CmM M/vemawa.r.... 1. Presentation of Proclamation, commemorating Girl Scout Week. Mareh 8 - 14, 1987. 2. Presentation of Proclamtiou commending Any Thompson for her outstanding sen'ces. C. mnmer ra+a�w.. The follomiaj Censent Calendar lemma are nape. , to be romtine and se•- ewtrwersial. They will be acted epee by the Cassell at or time rithmt diaersien. Any less my M removed by a Ceeneilmssker or member of the aadi ace for digression. I. APProrsl of Warrants, Register No's. 2/18/87 and 1 2/25/87 and Payroll ending 2/19/87 for the total amount of 81,771.286.89. 2. Approval to receive and file current Investment 10 Schedule as of February 24, 19876 M Z -;,, A City Council Agenda -2- March 4, 1987 3. Approval of Minutes: December 17, 1986. 21 4. Alcoholic leverage Application for Oft Sale Deer 6 28 Vine, P 6 M Service Station, Gary Lamar, 10050 Foothill Boulevard. S. Release of bonds and file Notice of Completion: Parcel Nap 5795 (located on the soutb aide of Wilson at 30 Mayberry: Faithful Performance Road (Street) 934,000.00 RESOLUTION M0. 67 -087 32 A RESOLUTION OF TRI CITY COUNCIL OF TEL CITY 07 RANCHO CUCAMONGA, CALIFORb -A, ACCEPTING TNT PUBLIC IMPROVEENTS FOR PARCEL MAP 3795 AND AUTHORIZING TIT MING OF A NOTICE or COMPLETION FOR THE WORK 6. Approval of map, to execute improvement agreement and 33 improvement security for Tract 12772 located between Ramona and Turner 6venues, aoutt of Rase Line load. and accepting 30 feet of dedication on Teak Way, subwitted by M A 8 Residential Development. RESOLUTION NO. 87 -098 43 A RESOLUTION Or TEE CITY COUNCIL OF THE CITY Or RANCHO CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT ACREUMT, IMPEOVOMT SECURITY AND FINAL MAP Or TRACT NO. 12772 RESOLUTION 80. 87 -089 44 A RESOLUTION OF 719 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ACCEPTING 30 FEET OF DEDICATION ON TEAR WAY AS OFFERED FOR STREET AND RELATED PURPOSES 7. Approval to execute improvement extension agreements 45 for Tract@ 12726 and 12727 located between Mignonette and Taoglewood Drive and between Near Creek Avenue and Saddleback Place, submitted by A - M Romes. RESOLUTION 90. 87 -090 51 A RESOLUTION OF Tat CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENTS AND IMPROVEMENT SECURITIES FOR TRACTS 12726 AND i 12727 :11 1 rr1 City Council Agenda -3- March 4, 1987 S. Approval of map, to execute improvement agreement and 52 improvement security for Tract 12650 -2 located an the east aide of Haven Avenue. north oI Hillside Road, submitted by The Deer Creek Company. RESOLUTION NO. 87 -091 62 A RESOLUTION OF THE CITY COUNCIL Or THE CITY Or RANCHO CUCAMONGA. CALIFORNIA. APPROVING IMPROVEMENT AGREEdT, IMPROVEMENT SECURITY, AND FINAL MAP Or TRACT NO. 12650 -2 9. Approval of sup, to execute improvement agreement and 63 improvement security for Tract 13192 located on the north aide of Terra Vista Parkway, east of Spruce Avenue, submitted by Levis Development Company. RESOLUTION R0. 87 -092 75 A RESOLUTION Or TEE CITE COUNCIL Or THE CITY Or RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ASD FINAL MAP OP TRACT NO. 13192 10. Approval to execute improvement extension agreement for 76 Tract 12598 located on the sotthvset corner of Henosa Avenue and Hillside Road, submitted by Pacific Oanivest. RESOLUTION N0. 87 -093 79 A RESOLUTION Or THE CITY COUNCIL Or THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 12568 11. Approve and authorise Mayor to sign Escrow Instructions 80 and enter into Lacrov on Parcel 1 of Tentative Parcel Map 9180, City Yard Property. Sale prise is $220,000.00. Toads to be from General Capital Ease"* Fund. 12. Approval to execute Subordination Agreement for Parcel* 87 Is 2, ', and 5 tbru 10 of Parcel Map 6726, located at he northeast corner of Archibald Avenue and Pooebill Boulevard, submitted by David and Denys* M. Miller. RESOLUTION NO. 87 -094 94 A tZSILUTION or III CITY COUNCIL Or Till CITY OF RANCHO CUCAMONGA. CALIFORNIA. APPROVING A SU30IDINATION AGRRENRNT rot DAVID AND DENVER M. MILLER AND AUTHORIZING YEN MAYOR AND CITY ' CLERK TO SIGN SAB ., City Council Agenda _h March 4, 1987 13. Approval to purchase traffic sirnal control equipment 95 from Sracosex. Incorporated for the 1986 -87 sfwal construction previously approved at Base Line /Alta Cues ta, Ease Line /Amethyst, and Archibald /Slueth with equipment upgrades for coordination purpose, on Ease Line at Careelian. Neilsen, and Archibald. Sraeonex vas the love,e, responsible, qualifying bidder at $38,263.00. Funds are from the 1986 -87 system Development budget. 14. Approval to award and execute professional services agreements with 1) Don Greek A Associates and 2) Morris 96 Repke. Inc. to perform Design Administration Service, for various capital improvement projects. She fee of $15,000.00 for each agreement @bell be paid from the various capital improvement funds appropriated for each capital improvement project. RESOLUTION NO. 87 -095 123 A RESOLUTION OP SEE CIST COUNCIL Or DIE CITT OF RANOBO COCAMOMCA. CALIFORNIA, TO AWARD 43D EESCUTE PROFESSIONAL SERVICES AGREEMENTS W178 1) DON GREEK A ASSOCIATES AND 2) NORRIS -REM, INC. TO PERFORM DESIGN ADMINISTRATION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS ON A SINE AND MATERIALS BASIS 15. Approval to accept, ward and execute professional 1T4 services agreemont for the preparation of plans, specifications and estimates, and ritht- of-way, engineering to Don Greek A Associates for the rehabilitation and widening of Arrow Route from Archibald Avenue to Turner Avenue for a fee of $30,986.00 plus 102 rontlegency Co be administered by staff. The project is to be funded from the Systems Development Fund. Also, staff requests approval to prepare written notice to those residents living along the subject reach of Arrow Route of intent to acquire rigbt- of-way for the purpose of widening the street. RESOLUTION NO. 87 -096 141 A RESOLUTION OF ERE CITY COUNCIL Or SEE CITY OF RANCHO CUGANONGA. CALIFORNIA, TO ACCEPT, AWARD AND EEECOTE A PROFESSIONAL SERVICES AGREEMENT WITH DON GREEN E ASSOCIATES FOR TEE PREPARATION OF PLANS. SPECIFICATIONS AID ESTIMATES AND RIGHT -OF -WAY ENGINEERING FOR THE RERABILITATION AND WIDENING OF ARROV ROUSE FROM ARCRIEALD TO TURNER AVENUES ARID TO DIRECT CITY STAFF TO PREPARE NOTICE OE RESIDENTS Or TER INTENT TO Act UIRE RIGHT -OF -WAY City Council Agenda -5- March 4, 1987 16. Approval to execute Continct Chauge Order No. 2 to the 142 professional services agreement for extra service in the design of aiuor drainage improvements, structural calculations and additional detail preparation by Lim ill@ Civil 69ineera, Land Surveyors. Inc. for Arebibald Avenue Realignment sad Improvement between 19th Street to RLthland Avenue in the amomt of $2,240.00 and brings the contrcet total to 915,911.00 to be funded by TDA Article 8 58325. 17. Approval Lo execute Acquisition ABrements for proposed 147 Assessment Drainage District 86 -2, contingent upon City Council approval of Dietri ct Formation. RESOLUTION 00. 87 -097 149 A RESOLUTION OF Iax CITY COUNCIL OF THE Clam OF RANCHO COCAMORCA, CALIFORNIA. COOSTr OF SAN BMUTARDIBO. APPROVING AND AOTHORIZI:.G ZXECOTIOM Of ACQUISITION AGREEMENTS 18. Approval to award and execute professional services 186 strement with J. William Murphy d Associates Consulting Appraisers to perform appraisals for five (5) properties on Arrow Route with estimates for relocation assistance and business vale-•ions for a fee not to exceed $23,000.00 to be funded by Syotm Development Funds ae budgeted for the Arrow Route Reconstruction project. RESOLUTION NO. 87 -098 199 A RESOLUTION OF Twig CITY COUNCIL OF Tax CITY OF RANCOO CUCAMONGA. CALIFORNIA, TO AWARD AND EXECUTE PROFESSIONAL SERVICES AGREEMENT WITS J. WILLIAM MOUNT B ASSOCIATES, CONSP..TING ,} APPRAISERS. To PERFORM APPRAISALS FOR FIVE (5) PROPERTIES Of ARROW 2002E WITH ESTIMATES FOR RELOCATION A331SURCE AND BUSINESS VALUATION 19. Approval :o award and execute professional services 200 agreement with 411 B Foreman, Iac. to complete designs and plans and to prepare project to documents for median island curb* for portions of Victoria Park Lane from Be r Line Road to Victoria Windrows Loop about 1000! feet vest of Windrows Park for a fee not to exceed 814,900.00 to be paid from Maintenance District Panda met aside for Victoria Landscape d Parkway Maintenance. City Council ASe•da -6- March 4, 1987 SniR•UITON N0. 81 -099 A ROat � Or nR Slat cooaCU Or nE ary OF RANCID A,�, 215 EaLOn PRond dalVI� AWARD AND ACR INC. To CO,M A NMNNB PLANS YDRSHM, AND pROJECr SID DOCO MTS FOR MEDIAN = I"0 C VILZORIA PASS LYE PONN ARFREr01 IOR2IOIIB Of 20. Authorise City Corporation rard �T1MY FNIN MMeRARr don, 38, 1987 ,,.security 216 21, Apprqv.1 call for the creation of a riots, Review Plan Atee to evil Plan Amen to the 4acho R *deveiopeet 217 ot, Project 22. Approval to purchase computer aided eachamceteat equipment, dloPate4 _ 23. Approval of the ira_l ltPlemeetatlon Study Rs�uest for Proposal based on 218 Development Cons""102 424 C�e4tioaa of the Park the flsmai•g Cottissloe. 222 34. Approval of Resolution supporting dials allowing for a public vote of s aleista to fwd regional transpoecrtloa opeel•1 axles tan to Seraardino Co®ty and she C! Project. within San City 249 of Rancho Cucamonga. XESOLMoff 9o. 87 -100 l % rA ladoLVylar or or RYC80 nE Err COONaL or nE 254 ' alt APPROVAL Of SL ATI LBOI C27og AUTSO UING A PUBLIC rOn FOR A COMM LAIIO/ AOnOlI2INC A COMM 7 PAZ rRANdrolunar BALEd l 25. Approval education to expend 41,500.00 for the purchase materials of drug to be distributed Cucuonp elements to Part cf • City-wide awaarenessgProj c�� 255 drug = rl students .r 26. Approve contract for • val proposal a submitted D uatloa of fixed assets bidder), and authorize tEarope Valwtlon, Inc. (lowest 14yor t0 sign 256 j� said contract. 27• Approval $; Prepared by to receive 3011 and Latcept the dingle Audit Of the City's Loose dol Sherd federal foods ue ' ss zepreaentativa 273 expradttnre •etivity. ,I } City Council Agenda -7- March 4, 1987 28. Approval to authorise Bank of America to service the 274 • banking requirements for the City. RESOLUTION 110. 37 -101 275 rS ' A RESOLUTION Or TER CITY COUNCIL Or IRS CITY i Or RAMCNO COCAMOIOA, CALIFORNIA, AUTHORIZING TRi ESTANLISImT Or EYE ACCOUNTS AITI WE i BANK OF AMERICA AND DESIGNATING 71061 PERSONS AOTEORIEED To ACT ON JU&F OF TEE CITY 01 RANCHO CUCAMONGA ti 29. Approval to adopt a Capitalization Policy which sets 276 the criteria of fixed assets at 450 or Nora and a useful life expectancy exceeding a" (I) year. 30. Set public bearing - March 18, 1987 - Coommmity Development Black Grant Application for fiscal year 1987 -88 Preliminary Statement of Commonalty Objectives - Reviev of the COIL Preliminary Statement of Community Objectives for the fiscal year 1997 -88 and preli ■fury selection of projects, based on as anticipated grant of $409,000 to projects. 31. Approval to Asset Tract No. 13191 (Terra Vista) to 277 Landscape Maiatenance District No. 4 as Annexation No. 4 and setting the date of public hearing for April 1, 1987. ` RESOLUTION NO. 87 -102 283 A RESOLUTION Or TIE CITY COUNCIIL or TEE CITT O1 RANCHO CUCAMONGA, CALIFORNIA, OF Pu LIMINARY APPROVAL Or CUT LMINEQ'S RETORT FOR ANNEXATION 10. 4 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 RESCLUTION NO. 87 -103 284 A RESCLUTIOI Or TIE CITY COUNCIL Or TIE CITY Or RANCHO CUCAMONGA, CALIFORNIA, DIMARING ITS INTENTION TO ORDER TIE ANNEXATION TO + LANDSCAPE MAINTENANCE DISTRICT 10. 4 AN ASSESSMENT I STRICT: DESIGNATING SAID ANN:'SATION AS ANNEXATION NO. 4 TO LANDSCAPE MAINTENANCE DISTRICT 90. 4; PURSUANT TO THE LANDSCAPING AND LIGITING ACT Or 1972 AND 0/711116 A SINE AMD PLACE TOR HEARING OEJECTIONS TIENZTO City Council Agenda -5- March 4. 1957 The following Ordinance, have fad public fearingn at the tiros of first reading. Emceed reading, are expecttd to be routine and wen- cwtrwerual. obey will be acted qw by the Council at om tier Without disewsim. The City Clark Will reed the title. wF its w be removed for discussion. 1. ENvlaoawENra ugERtMENr AND Gtwwar CODE A."ENDhui % -0] - CITT 0► LNgO COCAMONC► - The request to amend the parking section 17.12.030 A -12 of the Development Code, pertaining to parking lot striping standards. ORDINANCE 90. 306 (second reading) 286 AN ORDINANCE OF TEE CITY COUNCIL OP TEE CITY OF RANCEO CUCAMMA. CALIFORNIA, AMENDING TITLE 17 OF TEE RANCRO CUCYpNGA MUNICIPAL CODE TO REVISE SECTION 17.12.030 Al2 - PARKING LOT STRIPING The following item have been advertised and/or posted am Public hearings as required by Law. The Chair All up" the wasting to receive public testiawy. 1. APPEAL Or PLANEINC COIMIee *i+N DENIAL IIviROarvr 287 ASSLSSMOIT MD VALIANCE 5a -05 ev - A request to Waive the suxiam requirement of 35 feet for a fixed radio antenna to allow am existing amtecwa SO feet in height to be extended to 70 feat oa a .47 sere parcel in the very Low Residential District (leas than 2 dwelling units per acre) located at 5327 Carol Arenum - APS 1061 - 111 -19. (Eerauumd Council receive Public input them refer to Flaring Commission because request fee modifications eau in after appeal ems received.) 2. APROVAL Or FORMATION OF PeDrnsrn a• ISIT 329 DISTRICT k -2 YIIH .. •. arED CON/IW� uBEtRMEMr OY 2 X75 21. Located Senerally between the Southern Pacific Ldlrcad and Banyan and Kasen Avenues and the Deer Creek Channel. RESOLUTION NO. 57 -104 340 A RESOLUTION OF TEE CITY COUSM OF TEE CITY _ 0E RANCRO COCAMONCA, COUNTY OF BAN BERNARDINO. STATE OF CALIFORNIA, ORDERING CERTAIN COMES AND MODIFICATIONS TO THE ENGINFlR'S REPORT IN A SPECIAL ASSESSMENT .ry DISTRICT (ASSESSMENT DISTRICT 86 -2) c f1 L` �• ii k .y� IN II W':. City Council Agenda -9- March 4, 1957 .n .y.1 r• ' v RESOLUTION NO. 57 -105 342 A RESOLUTION OT TER CITY COUNCIL Or THE CITY OF RANCHO CUCAMONGA. COUNTY or SAN ,s ERRNARDIND, STATE OF CALIFORNIA, OVERRULING .•; AND DENTING rxomn AND MAKING CERTAIN re•A FINDINGS IN A SPECIAL ASSESRNINT DISTRICT ( ASSESSNEST DISTRICT 86-2) RESOLUTION H0. 67 -106 344 i ♦ RESOLUTION Of TEt CITT coDNCIt. OT TEi CITY OT RANCHO CUCAMONGA, COUNTS Or SAN BERNARDINO. STATE OF CALIFORNIA, APPROVING AND PROVIDING ►Ot comil om To PAT CERTAIN 9 COSTS AND RIPERSES IN A SPECIAL ASSESSMENT DISTRICr (ASSESSMENT DISTRICT 56-2) EEROLUIION NO. 57 -107 346 ' A RESOLUTION Or TNR CITY COUNCIL OP TEE CITY or RANCHO COCANOMGA. OOUNTT OF SAN " 112ZAARDINO. STATE OF CALIFORNIA. ODN►IRQNC TIN ASSESSMENT, ORMING TEt IMPROVEMENT$ ' MADE AND AWIM, AND APPROVING III WOMEN'S EXPORT (ASSESRNEST DISTRICT 66 -2) S 3. EmROGRAMING DEfnOPNUT OF $30 00 IN CNED l OOMRNIT! BLOCK GRIAIT PONDS FROM NORTH TOM PAU TO A 349 PoRTIOE ' OT THE ASIA RI (RERMOIUTOUER) ITOIM DRAIN. MMUrlOt NO. 57 -105 352 A RESOLUTION OF TEE CITY COUNCIL OF TEt CITY - OF RANCHO QICARNCA, CALIFORNIA, REnOGRAMIINO $300,000 IN ONRnNDID COMMUNITY .DEVELOPMENT COCK GRANT nom NORTH TONS PARK TO A PORTION OF TER ASIA VII (ERRNOSA/TUUU) STORK DRAIN 4. YMVIRONNUTA. AND AMENDMENT TO TIME 14 Or TEX 111 35r4 CUCAMONGA MUNICIPAL CODE COICESNING DiERCTICOAL SIGNS. ORDINANCE NO. 309 (first reading) 359 AN ORDINANCE OF TEE CITY COUNCIL Or TEE CITY ' OF RANCHO CUCAtONCA, CALIFORNIA, ANERDINC TITLE 14 OF TER RANCHO COCAMOIC► MUNICIPAL a ODDS PERTAINING TO SIGNS c f1 L` �• ii k .y� City Council Agenda -10- March 4, 1987 S. 9MI MENTAL ASSESSMENT AND GENERA. PLAN AMENDMENT 370 87 -01A - CITY OF RANCBO LUCAMONGA - An application to "end the Land Use Element of the General Plan from Office to either Low Residential (2 -4 Melling units per acre) or Lo Hsdium Residential (4-8 Melling units per acre) for 1.1 acres of land at the northeast corner of San Bernardino Road and Carnelian Street - APR 208 - 09-09, 32, 60, 74, 77. RESOLUTION N0. 87 -109 382 A RESOLUTION Of III CITY COUNCIL Or THE QTY Of RAICRO CUCAMONGA, A, MIFORSIA, DENYING GENERAL PLAN AMENDMENT 87 -01A, RIQUEBTING AN AMENDMENT TO TEE LAND USE LENIENT Of TIE RANCO WGMOIICA GENERA. PLAN 701 1.1 ACRES Of LAND LOCATED AT TIE NORTNEAST CORNER Of SAN BERNARDINO ROAD AND CARNLIAN STREET AYN 205-09-09, 32, 60, 74 AND 77 6. ZKY1100ENTAL ASSESSMENT AND GENERAL }LAN YIOnNEN7 384 ffi -0]A - IA9= -A request to aaead the Lead Use Element of the General Plan fr.a flood Control to Low Medium Density Residential (4-3 Melling unite per acre) for 40 acres of land located at the southwest corner of the "tensions of Banyan and Milliken - APE 201 - 271 -55. RESOLUTION NO. 87 -110 414 A RESOLUTION OF TEE CITY COUNCIL Or THE CITY Or RANCHO CUCAMONGA. CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 56 -03A AMENDING THE LAND '051 ELEMENT Of THE RANCRO CUCAMONGA GENERAL PLAN FROM FLOOD CONTROL TO LOW- MEDIUM DENSITY RESIDENTIAL (4-8 DU /AC) FOR 40 ACRES Of LAND LOCATED Of THE SOUTHWEST CORNER OP TEE EXTENSIONS OF BANYAN AND MILLIKEN - APN 201 - 271 -55 f.. b f • 1. u' RESOLUTION NO. 87 -111 421 A RESOLUTION OF TEE CITY COUNCIL Of THE CITY Of RANCO CUCAMONGA. CALIFORNIA, ORD91ING IRS WORK IN COIIICTION WITI ANNEXATION 10. 1 TO LANDSCAPE MAINTENANCE DISTRICT NO. 6 AND ACCEPTING 783 FINAL ENGIIIKRR'S REPORT F.) R TRACY NOS. 12936, 12938, 12939, 12943 AND 12944 ` City Council Agenda -11- larch 4, 1987 1. N RESOLUTION 10. 87 -112 429 1 RESOLUTION O1 TIE CITY COCIM Of TIE CITT Or RANCHO CUCANONCA, CALIFORNIA, DUNKING TIE WORK IN CORRECTION VITI•YIQATION E0. 3 To STREET LICITIEO IYIITRRAICS DISTRICT 10. 3 AND ACCIr7'IRC TER FIE& ENGINEER'S REPORT FOR TRACT NOR. 13027. 13057, 13058 AID 13060 9. .; L L , TRACT 1108, f. t N T 4 1' DISTRICT 1- f' -Y '_ A RESOLUTION Or TEN CITY COUNCIL Or TER CUT O1 RANCHO CUCAMONGA, CALIFORNIA, ORDRADW TEE NORR IN OONNECTION 1ITI ANM/EATION NO. 1 TO STREET LIGHTING MAINTENANCE DI27RICT NO. 5 AND ACCEPTINC TIE FINAL INCINIR'S REPORT 701 TRACT 103. 12936, 12938, 12939 12943 AND 129" RESOLUTION 10. 87 -114 454 A RESOLUTION Or 'MI CITY COUNCIL Or TIE CITY OF RANCHO COCAIOEGA, CALIFORNIA, ORDERING TIER RORI IN CONVICTION EITI ANNEEATIOM NO. 30 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCCttIIV: TIN rIIAL INGIUM'S REPORT FOR TRACT X05. 9649, 10076. 11601 -2 TIRU -5, 11616, 11795, 11932, 12726, 12727, 12601, 13066, 13117, 13203 AND PARCEL MAP 9916 Jo 0771M. r' ,f 1f' N• 1' N N k t RESOLUTION 10. 87 -114 454 A RESOLUTION Or 'MI CITY COUNCIL Or TIE CITY OF RANCHO COCAIOEGA, CALIFORNIA, ORDERING TIER RORI IN CONVICTION EITI ANNEEATIOM NO. 30 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCCttIIV: TIN rIIAL INGIUM'S REPORT FOR TRACT X05. 9649, 10076. 11601 -2 TIRU -5, 11616, 11795, 11932, 12726, 12727, 12601, 13066, 13117, 13203 AND PARCEL MAP 9916 Jo 0771M. r' ,f �s City Council Agenda -12- 113MUTION NO. 87 -115 A RESOLUTION Of THE CITY COUNCIL Of IRE CITY OF RANCHO CUCANONCA, CALIFORNIA, ORDERING THE NORR IN CONNECTION WIIN ANSRTATION NO. 13 TO 3TRI11T LICNTINO MAINTENANCE DISTRICT 10. 1 AND ACCEPTING 729 MAL RNCINER•S EIIORT FOR TRACT NOS. 13027, 13057, 13058, 13059, 13060, 12935, 12938, 12939, 12943, 12914, DR 95-01 AND DR 95-33 The following iteno have m 1aµ1 publication or posting rolairomen. The hair will open, the meting to receive public testLony. ?be following itaun do not legally rgaire my public testLony, sltbeyb the Cheir my epos the sting far public input. Note: With recent redactions of Warner rhea. citizens will realise substantial savings we Item 1, 2, and 3. .- 1 'AAH4&2 V t 641 ! !4)1 61 ..1� t111' 1• N • 91 L 1•! 6 �•. 1 1 k 1 6' The following item have bees rgoostod by the City Council for discussion. pony are not public hearing item, althongi the hair my opoo the muting for public input. a • 1 . .•, ., •75717 March 4, 1987 465 466 477 491 m Ch r.. r r i City Council Agenda -17- I. 7FIrr C•tT0• s t�era aYr ............. 7kls is the tine for City Counell to identify the Items they wish to gistmes at the sont meeting. rise iteme ebonld not M discussed at this mestiq, only identified for the out arttiq. .7. I IfJi1m n is nim Skis is the time and place for the gonad pablie to oNcoss the City Council. B. A_'f7 I, 3asorly A. Aathout, City, Clark of the City of trehe OMSM"a, 3,a47 sortify that a erne: neeurato ce" of the forego(ag &gr=ade era poste/ on February 27, 1947, sw4at7 -en (72) keera prior to the ="tire per A.S. 2374 at 9723 -C Mass Line Bond. March 4, 1937 ' T' Y •den f. ".: the G Ty -. 1 r V eOJ�'y P M! pY Y..yYV4llrOwO V V f• 6 OOe4>yp YPY! YJlM r�eepJPPeJ ZVyZ P O <f e Y D�w 1wi=A i y s �^�A ^f wYy1. 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YYO nS,-O���aV MyV Y�OVPYPYaraPYru N (N(��OY�Ii ppV a►OORo_ NaVyY naO9NJ�MOPN.N .� OVNyaONOJVi %aOn.VMP000�nOa.ay ^YM I � 1 3��•l tri+R �i�= �YiiL�l�iv:.�:f v.� ..h Vii' -� 0 n a O Y V n lk 9 9 T J a� .r 1111 1� .i W CITY OF RANCHO CUCAMONGA STAFF REPORT s G i DATE: Februa 25 1967 1977 n Tot Mayor and Members of the City Council FROM Jim Rart. Administrative Smites Director /Deputy City Treasurer By: Sliaahath Stoddard, Assistant Finance Director SUBJECrr Receive asd 711e - City of Rancho Cucamonga Investment Schedule Status Report as of February 24, 1987. CITY Or RARCSO CUCAMOMCA RTRST" T SCRSDULR STATUS BOOST FURCSAZI MATURITY IRTSIRST South gay 0avings 6 Loan 02 -25-16 02 -25-31 100,000 0.08750 Mt. Whitney savings 6 Loan 02 -25-86 02 -25-87 1001000 0.08750 Guaranty 8niage 6 Lan 02 -25-86 02 -25-87 100,000 0.08700 Century City Savings 6 Loan 02 -26 -86 02 -26 -67 100,000 0.08750 Mercantile Bank 02 -28-M 03 -02 -87 100,000 0.03500 First Savings 6 Lao 03 -03 -66 03 -03 -87 100,000 0.09000 S- Wr4est Bank 03 -03 -26 03 -03 -87 500.000 0.07850 University savings 03 -03 -66 03 -OA-87 100,000 0.08750 Guardian savings 6 L_an 09-05 -93 03 -04-87 100,000 0.06400 Brentwood $"logo 6 Lose 01 -04-36 03 -04-67 100,000 0.08750 a. 11"U 9 W1. 4' Investment status Report page 2 nacaul MATURITY INTfl11T FAIR MAR13:T 11VOTNuT .UTZ DATE _ llNOURi _RATS VALOR Commercial pacific Savings 03 -04-66 03 -04-97 100,000 0.08623 Onion Federal Savings 03 -04-86 03 -04-81 100.000 0.06100 La Jolla Village lank 03 -04-86 03 -04.61 130,000 0.08300 Nashattau sank savings 03 -03-86 03 -03-87 100,000 0.09750 Guardian Federal savings 03 -03-86 03 -03-87 100,000 0.08300 Western Family sank 03-0 -96 03-06 -97 100,000 0.08373 Westco savings sank 03 -11 -86 01 -11 -87 100,000 0.09750 100,000 Alvarado sank 03 -12 -86 03 -12 -97 100,000 0.08250 Valley National lack 03 -12 -05 03 -12 -97 100,C00 0.08100 lank of America 03 -13 -86 03 -13 -97 100,000 0.07125 Sun Savinge 6 Loan 03 -18-86 03 -16-67 100,000 0.0L?50 San Uiequito National lank 03 -19-86 03 -15-97 100,000 0.08250 Foothill Independent lank 02 -20-57 03 -23 -87 349,157 0.05030 California Security Task 03 -21 -86 03 -23 -87 100,000 0.08250 100,000 Wilshire Center Usk 03 -24-86 03 -24-97 100,000 0.09123 100,000 Rustiniton National lank 03 -25-96 03 -23-07 100,000 0.08250 Atlantic Financial savings 03 -25-96 03 -25-87 100,000 0.08375 Merchant's lank 03 -25-96 03 -25-87 100,000 0.08250 Consolidated Savicga 03 -26 -86 03 -26 -87 100,000 0.08250 Lincoln American Savings 03 -26 -85 03 -26 -97 100,000 0.08150 City Thrift 6 Loan 03 -26 -86 03 -26 -87 100,000 0.08250 Saratoga Savings 6 Loan 03 -26 -96 03 -26 -67 100.000 0.08230 United American lack 03 -26 -96 03 -26 -87 100,000 0.00000 100,000 Golden Pacific sack 04-03 -96 04-03 -97 100,000 0.08000• �7':,��.C,.:; i. i1' :i �, �': �°+.'. •"tom :` t Investment Status Report Page 3 BVR9TM PUIMAPE N ZUL- AMOOR IRTTREst PAIR MARRRr r —MM— V ee Bank of America Matsui Manufacturers 10 -17 -86 04-15-87 300,000 0.03300 Bank 12 -05-86 Nevport- Balboa 9 A L 0416 -87 300,000 0.03830 Palm Springs going. 10 -20-86 04-20-87 100,000 0.06330 Bank 10 -20-86 Chino Valley Bank 0420 -87 100,000 0.060°0 Butterfield 8 A L 10 -20-86 °h�0-a7 300,000 0.03360 Irvin. city B 6 L 0422 -86 0422 -e7 99,000 0.09000 Deauville Savimga Bank 30 -24-86 0422 -87 300,000 0.06373 Mutual S 6 L Assoc. 04 -22 -86 0422 -87 100,000 0.07873 Narcur7 Savings 8 Loan 042486 0423 -87 300,000 0.07000 ' Malaga Savings d Loan 04.2486 04248) 100,000 0.07250 Adobe Savings A Loen 04 -2486 0424-97 100,000 0.01373 Investor's Thrift A 1... 04-2496 04-2487 300,000 0.07900 Capitol Bank of calif. 04-2486 04-24-87 100,000 0.08100 Golden corn eaysng. A Loan 04-2a -96 0428_97 100,000 0.07250 Wilshire Savings A Loan 04x9 -e6 04x9 -s7 Soo,aoo 0.07300 f Manila Bank of Calif. 05 -09.56 05 -I1 -87 10°,00° 0.07730 Veatern Federal B A L 05-12 -96 05-12 -87 100,000 0.07500 Bank of San Francisco 0544e6 05-1487 300,000 D.o7e)s Bank o1 America 05 -19696 05-14-87 100-000 100,000 0.07350 Is Cumbre Seeing, Bank 0s-16 -87 1,000,000 0.03730 Paruount Saving. 10 -20-86 05 -18-87 100,000 0.06000 6 Loan 05 -16 -86 05 -18-87 95,000 Antelope Valle? S i L 0.08000 -� Stockton Savings A Loan 05-16-e6 03 -10-87 Ioo,000 0.0)730 V., 05 -16 -86 05-18.87 100,000 0.07300 Investment Statue Report Fate 4 YORCNABB NAIORITT INTEREST YALE NARERT DATE —DT AMOUNT RATS VALUE Encino See togs 4 Loam 05-20-86 05 -20-57 100,000 0.07730 Southwest Swings 6 Loan 0S -20-06 05-2"7 100,000 0.07MO Tracy Sw lugs 4 Loan 05-21 -96 05 -21 -87 100,000 0.07300 Columbia Swings 6 Loan 05 -22 -86 05 -22 -67 100,000 0.07450 Republic Federal Swings 05 -22 -86 05 -22 -87 100,000 0.07500 Community thrift A Loan 05-23 -06 05 -23 -87 100,000 0.07600 Tahoe Savings 6 Loan 05 -25 -86 05-2.3-57 98,000 0.07500 Sigbland Dwiuye 6 Loan 05 -23 -86 05 -26 -87 100,000 0.07730 Brookside Swings 6 Loan 05 -28-86 05 -28.87 IOO,COO 0.07900 Nest Coast Swings L Loan 05 -28-86 05-28-87 100.000 O.C7500 Equitable Sam icSs 6 Loan 06 -02 -86 06 -02 -87 100,000 0.08000 Sierra Thrift 6 Loan 06 -02 -86 06-0. 97 100,000 0.08050 Southwest Swings 6 Loan 06 -20-86 06-02 -87 100,000 0.07750 City Swings 6 Loan 06 -05 -86 06 -03 -87 100.000 0.07500 Life Swings S Loan O6 -0 1,86 06 -04.87 100,000 0.077" Sterling Dank 06 -04-86 06 -0457 100,000 0.07500 Imperial Thrift 6 Loan 06 -05-86 06 -05-87 100,000 0.07600 Venture City Nat'l Bank 06 -06 -86 06 -0847 100.000 0.07750 Sterling Sw lugs 4 Loan 06 -06 -86 06 -08-37 100,000 0.07500 Some Thrift A Loan 06 -09-86 06 -09-37 100,000 0.07750 Golden Security 06 -16 -86 06 -16 -37 100,000 0.07500 Santa Barbara S 6 L 06 -17 -86 06 -17 -57 300,000 0.08050 Y.R.L.B. Notes 01 -08-37 06 -18-37 975,179 0.03770 Fidelity Swings 06 -17 -66 06 -18-37 100,000 0.07830 13 ■ x ri. Investment Status Report Page S FORCRASE NATURIST INTEREST FAIR KAMT INVWTNeRT OMTE_ ,DA;j_ MUNT RATE VALUE Foothill Independent Sank 12 -18-66 06 -16.87 772,896 Treasury Bill •1 Bank of San Ramon 06 -19-86 06 -19-87 100,000 0.07500 National Bank of Calif 06 -20-86 06 -22 -87 100,000 0.07700 Charter Savings 6 Loan 06 -20-86 06 -22 -87 100,000 0.07850 American Commerce Nat'l 06 -23 -86 06 -23 -87 100,000 0.07625 Executive Savings A Loan 06 -2] -65 06 -23 -87 100,000 0.07875 Imperial Savings 06 -30-86 06 -30-87 100,000 0.07500 American Interstate Savings 07 -02 -86 07 -02 -87 100,000 0.08000 First Deposit Savings Bank 07 -03 -86 07 -03 -87 100.000 0.07800 Ravthorne Savings A Loan 07 -07 -86 07 -07 -87 100.000 0.09D00 Investment Savings A Loan 07 -07 -86 07 -07 -87 100,000 0.07675 O.S. Coaunity, Swings Bank 07 -07 -86 07 -07 -87 100,000 0.07500 Westlake Thrift 6 Loan 07 -07 -86 07 -07 -87 100,000 0.06300 Washington Savings A Loan 06 -16 -86 07 -16 -87 100,000 0.08230 Statevide Thrift A Loan 06 -16 -86 07 -16 -87 100,000 0.07750 Commercial Center Bank 07 -18.86 07 -20-87 100,000 0.06600 Audor Valley Ravings 6 Loan 07 -18-86 07 -21 -67 100,000 0.072300 First Commercial Bank 07 -21 -86 07 -21 -87 100,000 0.07230 Security National Bank 07 -21 -e6 07 -21 -87 100,000 0.07600 Perpetual Savings A Loan 07 -21 -86 07 -21 -87 100,000 0.07300 Sierra Federal Savings 07 -18-86 07 -21 -87 100,000 0.07500 Pioneer Savings 6 Loan 07 -18-06 07 -21 -87 99,000 0.07500 Viking Savings A Loan 07 -21 -86 07 -21 -87 100.000 C.07625 Home Saviogs of America 07 -21 -86 07 -21 -87 100,000 0.07300 % ` w' J Investment Status Report Page 6 lR yiENi PDICEAIE MATURITY IITERIST PAIR MARKET DAiZ . UTZ_ ePOUNi RATE VALUE Say View Federal 9 6 L 07 -22 -86 07 -22 -87 100,000 0.07500 Great Western 9 6 L 07 -18-86 07 -24-87 400,000 0.65000 Cabrillo Swings Ban% 07 -29-96 07 -29-87 100,000 0.07250 Lake Swings 6 Loan 07 -29-96 07 -29-87 100,000 0.07550 Coysmau Bank 07 -30-86 07 -30-97 100,000 0.07250 Empire - California 9 6 L 07 -30-86 07 -30-97 100,000 0.08000 Pacific Regency Bank 07 -31 -86 07 -31 -97 100,000 0.07250 Global Swings Bank 03-04 -86 09 -04-97 100,000 0.07600 Inland Swings 6 Loan 0844 -86 09 -04-87 100,000 0.07625 Plaza Swings 6 Loan 06 -11 -86 08.11 -97 100,000 0.07600 Glendale Federal 05-25-66 06.25 -97 100,000 0.06450 Dovoey Swings 4 Loan 0826 -86 0826 -87 100,000 0.06625 First Security Swings Bank 09 -05-86 09 -05-87 98,000 0.07375 Liberty Swings 6 Loan 02 -13 -66 09 -14-87 100,000 0.09250 Peoniosula Swings 03 -20-86 09 -16 -87 100,000 0.09000 Torrance Swings 03 -20-86 09.16 -87 100,000 0.08500 Household Bank 09 -19-86 09.21 -87 98,000 0.07000 Osml Bank 09-19-86 09 -21 -87 100,000 0.06100 Bank of America 09 -22 -86 09.22 -87 100,000 0.05975 Book of America 09 -23 -86 09-23 -97 100,000 0.05925 Valley Federal S 6 L 09 -23 -86 09 -23 -87 500,000 0.06700 Western Financial Swings 10 -06 -86 10 -06 -97 100,000 0.06750 Bank of Beverly Bills 10 -14-86 10 -14-87 100,000 0.06400 Bank of Vhiuier 10-21 -86 JO -16 -87 100,000 0.06500 '�D. 7'. i•. ?1q., rAti.. :+asp- :.H1 100,000 100,000 r jt, Investment Status Report Page 7 PORCILSE NATURIST INTEREST PAR 1LUEET i1�3 wL43 �ATL _pATT MOUNT WATT VALUE Vista SninSs lank 10-17 -86 10 -19-87 100,000 0.06750 Vattern Empire 8 6 L 30 -20-86 10-20 -87 99,000 0.07000 Long leach Sae Logs 6 Loam 10-20-06 10-20-87 100,001) 0.06750 Capital Federal 8 6 L 11 -07 -86 11 -09-87 100,000 0.06750 San Clemente Savings f Loan 11 -07 -86 11 -09-87 100,000 0.06875 lank of 8evport 11 -14-86 11 -13 -87 100,000 0.06350 Bank of America 11 -17 -86 I1 -17 -87 500,000 0.05850 Pomona First Fed 8 6 L 11 -19-86 11 -19-87 100,000 6.0-12.0 Variable late Commerce Savings 11 -26 -86 I1 -27 -87 99,000 0.06500 First Fed. Savings Bank of California 11 -26 -86 11 -17 -87 100,000 0.06500 financial Savings 6 Loan 12 -04-86 12 -06-87 100,000 0.06800 Rank of America 12 -10-86 12 -10-87 500,000 0.05650 ., Escondido Savings 6 Loan 06 -16 -86 12 -14-67 100,000 0.08000 100,000 California Federal 6 6 L 12 -15-86 12 -15-81 400,000 0.06050 Ramous Savings 6 Loan 12 -15-86 12 -15-87 100,000 0.06200 100,000 ! United lank 12 -22 -86 12 -22 -87 100,000 0.0573 Coauvaity, Bank 12 -29-86 12 -29-87 500,000 0.06150 Vineyard National Sank 12 -29-86 12 -29-87 100,000 0.05250 Bank of America 01 -02 -87 01 -02 -88 300,000 0.05750 Eastern Savings 6 Loan 01 -28-86 01 -28-BB 100,000 0.09750 100,000 Cal America Savings 01 -31 -86 02 -01 -88 100,000 0.09600 100,000 Be.* of La Costa 02 -02 -87 02 -02 -83 100,000 0.07000 k�c sr County Beings lank 02 -02 -87 02 -02 -88 100,000 0.06875 jt, Investment Status Report ?Age 8 IKVRSTHFAT RTICRASR KA2URIrr -PATR_ -DATE µ00K7 Ral -Aire Saviugs 4 Loan 02 -04-87 Caml110 Real Saving, 06 -OH-86 Westport Sav logs Bank 02 -05-87 Family Savings 6 Loan 02 -06 -87 American Vest Bank 0.1 -05-86 Iaternati000l Savings Sack 03 -05-86 Hidden Valley Natiowl Rrnk 03 -05-86 Fan American 8av ins, Bank 03 -05-86 Lincoln Savings 4 Loan 03 -06 -65 Loa Angeles Federal Savings 03 -11 -86 Ramilton Savings Bank 03 -26 -8( Universal Sn fog, Sank 03 -27 -86 Dean Witter Reynold, 04-18 -55 Commerce Bank of 100,000 San Luis Obi,po 06 -19-86 Sao Jose 611tioul Bank 07 -08-86 Valle De Oro Sank 07 -16 -86 Tri- Valley National Back 07 -18-88 Delta Savings A Loam 08.08 -86 Sunrise Say. 03 -14-86 Catevay Savings A Loan 03 -25-86 First Global saving, Bank 11 -14-86 Back of Weatmi,,ter 12 -05.86 Pacific 001011 Sack 6 Trust 12 -04-86 Trans Pacific National Rank 12 -16.96 i INTEREST FAIR KARRLT -tom V 0R 02 -0.-66 100,000 0.06750 02 -04-88 100,000 0.06000 1C0,000 02 -05-88 100,000 0.06750 02 -08-88 98,000 0.06875 03 -05-88 100,000 0.08750 100,000 03 -07 -88 lDO,000 0.08750 100,000 03 -07 -88 100,000 0.08750 100,000 03 -07-88 100,000 0.06750 100,000 03-07-88 100,000 O.OgS00 100,000 03 -10-88 100,000 0.09000 100,000 03 -28-88 100,000 0.06500 100,000 03-28-88 100,000 0.08500 100,000 05 -15-88 97,181 Treasury 121,078 Rood *2 03 -20-86 100,000 0.08000 100,000 07 -07 -88 100,000 0.08000 100,000 07 -13-86 100,000 0.07600 100,000 07 -18-85 100,000 0.07500 100,000 08 -08-88 100,000 0.07500 100,000 09 -14.88 100,000 0.08750 100,000 09-25 -88 1001000 0.08375 100,000 11 -14-88 100,000 0.06500 100,000 12 -05-88 100,000 0.07125 100,000` 12 -05-68 100,000 0.07725 100,000 12 -19-88 100,000 0.07125 ..y 100,000 :1 /7 :3 t E; investment status Report Page 9 PORCRASP MATURITY LiYQBBY PAIR NARUT IRYisYMt•T --nin_ . DATE AMOUNT -JAIL-- VALOR Crest Pacific Savings 02 -03 -86 02 -03 -89 100,000 0.09750 100,000 Desert Community Bank 02 -13 -86 02 -13 -89 100,000 0.09875 100,000 Queen City Dank M.A. 02 -13 -87 02 -43 -89 99,000 0.07000 99,000 Cold River Savings A Loan 02 -17 -37 02 -16 -89 100,000 0.07000 100,000 bpire of America CA P86 02 -17 -87 02 -16 -89 100,000 0.07000 100,000 Sears Savings Bank 02 -20-87 02 -20-89 100,000 0.06700 100,000 National Bank of Catalina 02 -27 -86 02 -27 -89 100,000 0.09500 100,000 Borth Coast See ins 03 -03 -86 03 -03 -89 100,000 0.09250 100,000 Continental 8avioss 03 -05-86 0. -07 -89 100,000 0.09250 100,000 Independence Swings 03 -05-86 03 -07 -89 100,000 0.09150 100,000 Heritage Oaks Bank 03 -11 -86 03 -10-89 100,000 0.09000 100,000 Vestaide Savings 6 Loan 03 -11 -86 03 -10-89 100,000 0.09000 100.000 Nomestate Savings 6 Loan 03 -11 -86 03 -10-89 100,000 0.09700 100,000 Suisun Valley Rank 03 -12 -66 03 -13 -89 100,000 0.09000 100,000 Coast Rank 03 -13 -86 03 -13 -89 100.000 0.09050 100,000 Regency Bank 03 -14-86 03 -13 -89 100,000 0.08750 100,000 Pacific Business Bank 03 -14-86 0-13 -89 100.000 0.03750 100.000 Sacramento first National 03 -14-86 03 -13 -89 100,000 0.09250 100,000 Novato National Bank 03 -19-86 03 -15.89 .00,000 0.09500 100,000 Back of Del Mar 03 -17 -86 03 -16 -89 100,000 0.06150 100,000 Ray Area Bank 03 -17 -86 03 -16 -89 100,000 0.09000 100,000 first American Rank 03 -16.86 03 -17 -89 100,000 0.08750 100,000 City Commerce Bank 03 -21 -86 03 -20-89 100,000 O.00730 100,000 Bank of Ckemorce 03 -25-86 03 -25 -89 100,000 0.09000 100,000 ■ w, � a Investment Status Report Page 11 IMVESTMEBT PD-85 e PDRCHOZ xATORITT --DATE' ai. A!f OMT ISMEST PAIR MARKET RATE xE Great Western Savings 02 -04-87 03 -06 -87 2,281,518 0.06050 ° Sub Total: 2,787,318 86-1 1 Great Western Savings Western al 01 -05-87 07 -06 -87 4 Century tapirei 10 -06 -86 10 -20-86 10 -06 -87 100,0 0 0.0670 50 $svlog Century av iogn 4 Loan 02 -26 -86 10 -20-87 02-26 -87 99.00 0.0700 100.00 0.08750 ' Sub Total: 4.199,000 As of 02 -24-87 Grand Total: 42,560,764 a1 Treasury Bills are purcbued at a price below their maturity value. They are quoted and traded on the basis of yieli to maturity. s2 The approximate interest earned on this iowestmeut will be 834.000.00. a3 Securities wbich are backed by pools of government insured or guaranteed `t mortgages. Rote 4: All investments are Certificates of Deposit unless otbervise noted above. R. y a IN , r, L Ioves ttent Ststua Report Page 10 JRvE3rKENT PURCHASE 1LITORITT -AtL --W- AMOMmr Constitution Savings 03 -23-88 Pacific Coast Savings 08 -08-88 F.R.L S. goods 01- 08..47 Valley Commercial Sank OJ -32 -86 Stockdale Savings 6 Loan 03 -19-89 Mission Valley Sack 03 -26 -86 Homestead 8111,86 6 Loan 10.09 -88 Malibu Savings 6 Loa, 12 -05-86 Coven t Mat'1 Mortgage 03 -22 -86 Covernment Nat'l Mortgage 07 -22 -83 P eral Hate Loa, Mortgages 02 -03 -87 Liberty Croup 02 -10.87 SSA CTD Loan Pool CIF9 07 -i5 -86 Local Agency Invest Fund 10.19-86 Local Agency Invest Fund 10 -19.86 Sank of America 07 -I1 -86 Sub Total.. IMTRR28T PAZ[ MARUT R _ ---v4LY= 03 -28-89 99,000 0.09250 03 -30-89 100,000 0.07000 01 -25-89 2,013,123 0.07000 09-08 -89 100,000 0.09250 09 -13-89 100,000 0.09250 09 -22 -89 100,000 0.09000 1109.89 100,000 0.01100 12 -04-89 100,000 0.07500 03 -35 -2001 99,903 0.08500 05- 3x1001 737,241 0.08500 01 -01 -2002 496,135 0.08000 08-15 -2009 501,904 0.08470 07 -23 -2011 997,268 0.08750 As 8eeded 2,250,000 0.07430 As Needed 2,750,000 0.07430 Passbook 3i7 7a 0.05000 35,878,246 100,000 100,000 1,010,937 100,000 100 000 100.000 100,000 100.000 99,937 738,494 496,133 501,904 1,096,995 .x;41 Dernber 17. 1916 - - City of Stacks cocaaset. _ - - oil? Coned w(aates Bacot, leetlee •. CLl w alai A regular ee"les of the City eacacll of tie City of Iatcko eacaaotgu eel a. PN.arday. December 17, 19969 is the Llou fact Cea ®ly easier. 911t Use Use head, Stacks Coca.osgu. The acetic{ gas idled to ordef,.t 7132 j... by Major Awls L. Stat. - Ptnnt was Concilaeckeru Deborah teen, chutes J. ta0at TI. Jeftcy Bloc, !earls J. Wright QulrN late), Wed Kay" Doubts L. Stwt. , Alta Heart Want Sttbtwt Clt7 Maeegurt Robert A. ticcol Coy Clark, Awerly A. Asth.latt City Attiree7, bee MarWal Ad.Watratbs Aubllot. Mark Lorteerl Cagrasoy, Onclel.eu Director, Jack Lubl Scott layhy. Sttlrte.t nateerl city 1lylasu, Stud! Maguire; cs iy greaten Ditntc•. 2111 galley. Yana City Kaussr, Nan W. Punreel .sees• a. tl. nore4y. Decea hor Is. 1996 - 7130 ?.a. - n11 DSTLOPKW amulm - Urge ?ark Gw•.atky Cotter. 9161 ba Lin tad. rococo C. OhCaf ti�i •tJ\} CI Approval of farrosre, Radiator fa'e, 12/7/96 n1 ]31101 cod Payroll natal 11113116 aN 11/26716 far the tatal doubt of 22,127,338.27. C2. 4rrwol•to rssely cod file carrot loreaseest Scicdde as of Pweaber 306 M. Appren\ of Igroeeeeat agumnt and SWprwubeat ."sell) sod release of /grwnnt eatenctt aN igrwe.e.t sorority .ccapted y LTty eauball on October 13. 1916, for True 12933 Ieu Ld fate Of large &n ", war a• Deer Crack Chahwl cod teat► of RighlaN Aenw. aahaitcod by Cleft! heeloporet Corporatism. 1nQRTio1 10. 36-331 , A SISCIL TNO1 Of Tot CITT CCIPCL OP Tic CITT OP tYQ0 CCCM0110". CA1110112IA. Ana0T00 1117101O1111 AC190MT AND tNnVnX MT AIMRM NOR TLACf 12 "2 JRD IE.RYLO Tel I1V10721IiT ACRAIKM YD IuRDTDEMT 1IC071TT ACCUM Ol ' octal" is. Ila Ci. Ap7rwdl cf Weel lay IDW located at the "rt►uat career of Slack Street are Nn A*~, oah.ttted by Aelnl hapertbc, Stcoysraled. 21 1 10QDf101 20. 84-332 -y. A tnctma1 or Tat ClfT cicmcm or ore C1TT M WQO CTCANKA. CALINOnIA. YnOrM MICIL W •r.� FMIR 10223 (TnuTIpt PYCL Up 10. 10227) e N City Cerbetl Miasma - 7r- U, 1fM rate . I'- p• trrnoc located eawq neatlao rf U, owN ►ortiw of t4 C( euwnt IeotN cart of L,pr Street at firato $Ire, h 4alute tumoral r0. 66v553 NA tumoral or at CITY DO l�� A My?? yItAt�Y�D o [1�1N�rtltLUntf OF A r� „ ,4rwel N wf. /grwwest attotaeu ut Ing'.. eacut f Irtl •�IeaatN tt the Bert a Cann of a,en, aa' b lttN b) 4. Seal' CblhB. nwdN tljj,itb ._ liaQ MON to. U -)p - a ilop OTs C12T CMCrL or Tat CM or AAtCIO W� MMING 1AACYL 'U 10- MIN) Mr =4�T stourr UDUT. YD p4 rN t tit wue the I1rw�ost of 4tltyla bow •t utt re In. r urth of ash Strrdt to t4 ea,p overcast bletlr. !nn ►rely COOQuY for the ,at test S)O.OUAO t 1,aWe, Mrrdt Iwen la cl- trowel elver . /grww'atttnea�dentt .34 lyrwwert reeulh !eo Mot UO6! lout" y 'ebalttN y L(en1B rroprh toter, N.C. . A"thpt.of Archibald Armen, '"moral p, 06-333 & ARICLUTIM or US COCN :1, CALIMABIA,CIl COCBCM W Tat Mir Or aYC♦0 DnoraDOT 81MITTT, YD rItot for OT O. 15Ot=u di t. to, A11191 is of wf Iarrwsnt aSn.I of t !treat. eehtlttot hy the wrthoert Cerwr et To",�ta Asa try for N two Bard. Tract T C Chuck &=MtnC% 90. 64-756 ) Tax A tUROras R In CITY coalm p lMOVOUNT tILCOirnr YO rAtUUQ MIt01f Ot UA a�j�jCf��YC *0 CIO. tfrwal of C nnlatln eab'ting be Matt oNerfreoelet'sitting werheet ea)hhoea Ilue. Maus for fw A live et tUc""08 NO. u -lp -A CO 0. AL OD CI A COD, or 7ta CDT or IYC.70 UT)ALISIMO Via to L Y1 OL00 AOMMSO a r0. 16 -1U LLBU tm r[U LUO or oc COMISSIMC "STAN MIST rrQOtt[D ar t1YgtC Oa0111tIa Ar7BOrAL ' Cat Alfrow t of •!bolt to Contntt a 24• Store w•1° rl4h 4ely' live the Doatben Pacific Truepr4tlo Cwph for ebo Area°' 411rwt heaaly (te. 230.322.p) rltod 30. St. y B.,tb of tea Llea food. bb1A tUO MOR B0. M -557 4 a� CAIp'° . 4fTCCLO YD Dr Tat CITY or WCBO i �tSTIOR MD KArsiG A TMrr -q=a (!c) pa T! non A DUTY (30) �A� Cana ICIBSa In SERW M MIMIC UYIrot TER CIrr or inCa0 a[ AAataAtD areBOt atatoto taanlsD (p, t .SO "in"O NolD or WS LUt toiD a" -'e City Cowell missile Dectabor 17. Idea Pet, 3 CIS. Apprau'I at S"e"tasel urviced ngloomut in prudentP ALT IPseet sad cost comporntlee study for the T'nar -$nest Stare Deals matt! Yllllaru a Schald consulting Cdl Ltt..... std Lard Retrained for an auoomt of 718.100.00 to be fom4d ha tla Ocalnfs food. LUMLTION t0. 16.038 A ISIOLMON Of m CITT CMOL A a, OTT Of WCNO CUC&M=.. CALIFORNIA, ARPIOTDC ncmwtaa aELTict1 dOIL®T FOR PIa93ul alcTmT ND COST OWMATM STCVf POS m TUMM.maRNa STOW nave NITS NaLtinO• a SCENIC CMSMTa0 CIVIL YCIAIIES AND LORD SORTIMLS CU. Release ALT 30.4 W Notice ALT Cwf(rt(wt Tract 11318 -1 (Let Line !cad) aenrtt X"a"Unt Cumee' 9441 (ltuu) l 43.930.00 R'lae Lit"" P"f"sea 9014 (Street) $433.300.00 RESOLUTION 10. 46-0393 A 111Q.U110N Cr INS Orr OOORC3 RN as Ca Of LANCED FOUMMEW4. CALIFORNIA. aCCTTDO TIC Punic LR101OmD tog TRAM 12316-1 AND ACUMUM ai ymna of a NOTICE as COMMITION got aE ROLE Clan. ApPMII N IsprwaSOU Lt"ai" Apro"ou far Lrul WT 9490 located " 1It sentient saran of Mu Lnse std rout! Stmt, •'bsltcal Rloter Cum y. by !el'*r REIMMON E0. 89 -060 A RUMV17041 Of ALE Ca CORNC31 W at Ca OF WCKD cual ". OLUORNIS. AP1ECTEW TNPIO931mT GragION aCRNLYr NO LMCPEIYT S1WRIn FOR PARCEL K1P PON C13. Appoaral of the "instant 4dP plea in a five m* neighborhood part (Vest Germany fork) 4 the Testa via",$ Plead Casualty. Cl6' Aspens' of sW4141i" to League of OsltPenla Cities' teLa ®lntlna tetsert. CITILM' Prwldlog in "Slrt w at/ "rebels sod City -to -City amtrs[king. Total coat of latellatla CON sabacriptle at to ""14 42.000 far ro.dlNer N U811 -17. CIT. ApyTwal of adJutseets to the natal tankful contract Witt the coot? of Ls Rom'dlae ntloV es fa u ul"l ...teal oftlurr dnig""d far ""be cocasoads, Tao City Co well has 111ecaud fee" far this to"alo4 Intl of '*nice in ago 1106 -93 indent. 100NT'"90 PICK 12/31" SOEIDA - RLTISID FOsaART WILL 31 RRNOTRN arm 12111116 KCErm) CTS. Approval to accept title to • in fat strip of lad located suoully lost of T /must to the Late L Iona sett enatatles of approximately 112 errs. Alta Jeuny 1. If Q. It is sttlClSted that the propeety natation will L trnntmcoconut, ed to &be 4ho cocsrya Cause try roomful". CIE. Approval of "tiorllotl" to Such", ELI Canyon" tselpmant is the aaat of 14.200 for !"pans of legislative taeklgs able television, while h", test data "d other ad tkistntlVS ruareb. R0. Sot publln buries - Jdsery 7o 1117 - Af►rrat at L4 Tro"ding crusted Guiltpy coedittos r"sired by the pla"les Csllot" ea Sor"her 32. If16 fa to I 1 pass" LP So' 10137. (itea palled f" lhasalan). CI. Lt public buries - Jeery 21. 1193 - co'o0eatl" of testing a eon- eatuive pones f" the nllectl" and disposal of casearelat sad lotuttlel retie den' tie City of 4acse cusweg' to Lau faults/. C2. so al SEVEN - Lilly and '*tmwl"A' tied' Lsi'ls for proxy Veto Leveler I? JPa hales 4tbarity. L0 e "rh.. City Council Mienc•p OtceY•r .7. 1980 P4• , _ Matto, q �d �•1(Vrl{►[ set to •!Puna t►• •Not), 441••[ 41•e4r. •pee•* M.eYelen of its b It Public buying - I.lYry 7. Ifp h»to et phi fwwMv 1P aor tt utility CoNltiw rear /red a� the llrnl n tentative Parcel WP v Cat.,I u. )077 , Do fPro , o pro f that at the La[ City Council eoetlq, we et fts nun � the hreel WP. Ant14l oe" of pro fly we 4seY•N• Thin A the ar s.blett. Lo a • ••Prate beat WvN by RI-1. pwnGN b1 Sy net to •((rare Itw C20. stets Wtlun Carried •site• ' g0 Mine "MITM - ee••eo u. �elztit 4 »a et Pi.untq Caealnlw'e racial" Ile t•eeont ee the went nib of lots 1Atieµl jj� • 17 feet local gYetrlar 70{7011 -07, 1062 - a7tt 1041- 171 -01. 07, 161 -01. Staff start 4e1"ut parr, Noe"•[ 071 ns H gran burphy. =ayes greet MYS the ",ties 1N rablie ]Yri s. mt—tiv Council rem Cary Vllter. Wltw Cautroctit•. 2011 financial pay. Clnpon. toffe Carlo ,, grated that ehS trail WI bees f""StN tot hr Nor• W tun ►Mies erlglY117 t• act u eW eeltiYl Nobles W S1up»arN, gw•lofeeara pace nag eeq•tlly t Sap to /l. O there pas 0,1 that r any e.N for the Jim Asian". N tkunarwpbcN. 4s not sv►►ert the not t•ba er•lL at 414 People b 14undlr"ao hilt[ arrived - 7170 % Wulr1. 7f ft. I lead, rata o M411.64 that •ee Ied. 1!"lllq. M the Polka Valid M W rap nPeetally eoa4mg Slop[ the [wetly City. 8012 rhe... f]baed . did bouo reels ►w• net •"rest Public access " the" aid". the t oil piece their Sit► Dols. 8077 7ysr"brN. felt Aso Propped north/ .o•tk , ar awlreunntal Ines pith the ester rrlos down, toll "nip M yes apply. ' YYer of the 4.411 •by It ru tell eon.• gbfsory W"ltte•, 4 to bm a as "r" /loath trail ae�thatelwtiaa.toaa 7937 Caballero. .gr•.1uS [nilTo *yet". .1wftn [bat tkw N • euntluls P of the 7 C1710 bier. ". heel0nt at S•Itoo Ce"tnetlee, ss ce "!brat!" 1e doing wdt rick 261.1 4s Coune11'S ate trail. these baiq pe twthas , Public L7", Wyor /roar cinN the p6ite ►nark". Ceunellnan Xing Qs not foal trail M er trebr tali •ptw. ^:E ' Tt•11 M crossed tun stn spas a "Isa • coset. W gls not sari 807 .Ara It 8041 • - ' eyetw ed trail M [bat le lnterfwN e_ aloft all of Putt► erased pear the" ►we nc" to the �� j °�1t7 et t ►e tall tn"r e "rh.. City Grtlt tlla to. DecaWr 17, 1fa6 r•te J 's tot►raraaa\ ; gtltt�uwq .a that .be vo°1D e. i.a t' °° tu. rear . 616 act loot . cx6l,ste a:eutstte that eDr uo •t7 the 1oferrtlr.t "a It &adrMt,•G'aale$1" to anil ►/s 0 tu�hie PI coal Cdawefa j" Carhan'to`tw t4r Ill .6 $1" truth etlalaote all trail* ceol4r tit, . u1 if ao Panics? or trace e t'11fet the atae4r4 at /reellles rrr uua} ere °dt for ro Y? should .• tell rtlftlr Gvetlw Jagrt e,nvN eh art that h• felt t► t6• alai.. G�ellw ties 110 rt feel 1i er Borlq+ tUeN ► it re " �ueytlr, u 'uertlu to the tqt. ft er� "to trer, "T"Ald Batt" 7 ti y t'hlwtthe a :Malt aelehM troll "Ott, ltoet tout, ties e1f711dt Bright flue d2 ,a1 ' ° • • . . O ra antidote, or 4 loo W A, h . l�i• Start I'M' 67 LQ too. "•uet 1eVee Dtnr gal'Itt the Dar! drrlat lot�oto Director, try IT public ht1aD ao tnro,ap A dartt.DIIO" Al"LMow "o. %_761 lIt�[L'7}ty�r arg* Afmi� MUSIM Ill to OF IYCdD 610 Dtu IW r D"Dp a darter 07 *Otte, Uw4wN 67 arat. ,Krt QIlO It 70DLIt1r70"`art� darptd 6f1 (dWUt • Droe eIt 'Itch• to rota) • luel°t10a de. 66-761. 4 ear0LDr7od Dr elttLDrloo to. 89-362 71, Cry or IM00 ��V torty, Mop tlrP Or QO 10270", .,d b It YD D7elCt A¢ T`t74 C lgfarDd eDOF "at'" carried 0) s14. Keee4d yy 6'o-I (dadrt aaue), t`O'° t° •tyre•a Goobgr "e. 743, (Gaelira 1 ° alrt nton•6 to hie Grcq uaz.) di, . `arrrn bit Jtaurr ). t 6fll1 acquired ae qtreated 'e rllOptDeWC.0111 too la6�7101cast 6`0°4e 66.10 ae1 across, I still refuel M`rt Big". las ... "force. This lathe fir t`r 1217 97 ittarot ", Jaebn 6Ma71e (Le rate it fie7er steel 'ttol,tut 2 prhr. octet 1913). test fl rerort 7nra 7 1,7er st"t sle rd the "uu by . "^ _ Publletheartlis, C hrrlrl. ID K• holes ee compete,. `. City Council Mlaatu la 6*t l7. 19M last p6 i RIZOSICS 10. 26-363 - L InQ.OTI II or INS CITY =ICIL or Ili CIR OF IYCIO COCLMO•CL. CY.IFORL. 9911IS7 WIL4l tan rig n9tDnTll. 11710{1 C3ILICIIMO WITS Tn CTTT OT RANCID COCLMOMCL mrLms Moved by U.S. *@cold" by iq"t to adopt kesolatln SO. 96 -793. Motion carried *saelnoaaly 34. - aaan Mayer It"t called a rant at 6130 P.S. The setting reconvened at SAS Inn. With .11 Warr of C.acll RnntJ **seta ♦. a.a 0. CITT NMd�'9 fTd1/ 11�S Cl. IMf011T gMCLD7110 RltOf a ROPMR OMIT ILO. - fCnti.ad free 1113/96 mat/ag.3 91af1 report y kekert Its ". Lenistast city Manager. LISCLUIOM SO. 96 -369 L InCLOTIOW O9 TR CITr CCnCIL Of Tn CITY Of SnaO COUNW.A. CLLTIORL. t6CJ9n0 ITS ONSWInot YO In n0107t0 WMtTacrIOM or III 900 in am Lmm MRS TO U9 SAM 1111L115II0 CDOMIT LAN YO JOSTICM CENTER AND 1076COT TO T11 nMCID COCAI[kl CIVIC CCffWDOVMit A LRL MOTIO/t Mwtl by Ung. oco"ed by Wright to anre*N le.ol•tla Ms. 16 -361 as amended and directed stall to forward It to the bard Of 9tperrlun. Notion ""I'd "salarwly 34. Councilman Slag asked when Mr. Stunt scald M seating with Upervt*or pilots. Mr, grant responded he Wald M "*ties With the swerwtan remserroa. - Camclla Iq "t felt the Coaaty should cavalier lwltdles the Jail facility at the ^.lo lot" Otte. Coeecllvocas Wright sanvated list we reconnect to the ggersOors that the facility at 6th and Meantela M considered for a Janll• Mtnttn facility. Wt, lolat sagRSt*d that a Ceunrll .uhtannict s sort with ecall to loth for alternate sit" to the City for the Jail facility. council oolectt4 wt. Rg.t and payer Stoat to sort as the alms with staff. LCTIOMt Mr. S/es asked It the City Literacy cash ln.ettasts shat In option would be ",liable If the Jail rote In t ►Is area. Council cocrwrred, LCTICIt Commit cescarred. aat.aa CI. . Siff .port by lr.d faller, city flaar. LCIint Comcit received sad filed report. ♦aaaaa t. t�amlam nnMtsg MO IT= SONCITTID p 3 city Cor.cll Nil-to, tkcavher 17. !n1 _lath I _ It. stn mu,,,.., j—MOOLINKINA ((COMPOID ng, 1J17 t{ N11Ipp). tCI1Clt Council M"e.atfaiyis »ate a COetauva art eascem. /tt .ea Witten y Co the J r a. ►e a. e alrufl �.a61s. Ct.YrlllID n4 17/7/1{ 1RlJIlG1, 4 _ _ 71s 1Jte.ml tba ra eea.ea4/ 7" t by Charles s ).pu a t. rf Ml /ly "taLte halt et J. a q mal red [e 11ga ltat autN w is sryeaWva atll a r tItt a r0e ?b :st aCaei t "Ote4ardia im µjeaeeresolve ut Slf t..wn "old tt�e o .el Cat w th flat re rtfi conta� 1rl�st felaane�"I ' Prolong leir t � etetde 7 Jahruq 4th ...... LJ /�ntJJno�ja�t�.P r�l t . t'►ra..ltge Of U (coln"ltl nW lams rer.lsafa. yp4y "ea to M made at Cho 4traa an] /"times for the rJ 1th "ally. 1. aa�•ur.am��y a _ J4 ptta •9Mlsml.N for that red Unhappy. autrrl d) the Cliff tale. �rMprt that be ran Jail. 7t10 4rt1film "revolted Caucll to art other locatlas for the ...... [. MM Nf11ICN� NwN h Nrltht. s +l s�OQ wala.nell J-0. no "alt fa 1T Jle.rvet at 983F*.! he meetly. N.tla 4eWetf.J1J a►.Itta1. 7wall A. A.e6.let tRrwNt . 4t7 rlatt 7 m% r I , COPYr_.r.r..... rr.r .•r A1111CNgp IM AKAI�IK P(ww YOM rr D 1 r •wrro b••.1. w I p3�� Cra.1111 S.. 1.++..flrn A. 1. T}tf{sl p I✓ma411 Nl to _ -_ _ _ _ — cr. MS J=A S nn Yln OF RAW,,)�lz 14.r. P... Man Dons rrr 1.11 -07 a TTIN) p 1Te IIC nw ro. Tar. u.m m R M r w rn ale. L lr.Y. r t.r.o -14rr w 1,.r 1» foothill blN. D. W PI C.f. r.eb f4c • fllD yet IpAt rs0.00 10•D13LI tLM•111 ,. NI...r. 1,.. trM Y Ids d {I.I.t I .YLraYw.N�hnf u.. A- ,4.rrWF.r ..�. v. f M..w r�rrrtr.Y�r.wir�l 10.11... tw rr l.l.ra ..}rr. •wJi�r.r�. ,1rbL .r..1rlrM 11 a,w. +.r.. W rr .e �..r ..rww� r ....w h.w /.�...a r. r I.. fru..w r . 1..•.p w Il STAR Of CNfOMa fa.ry V .PM ••^•^•• `^ 0..1 1 -11-1} ... � � r/... �� �.. Y 4r rYw• `...�.. rY r r..r.��` ././� P .�. Y_..... r a. r.�.. r�.r�.r .rrrrrr• i . rte+....... r..r. r..�r.r.. wr. r.�..r�......r Ia AIr11CalIt i� y ,ICII 1V1 .•.l lw —1t APPLICATION At TuNUaoa If. ,T.n co C,1tNMA Cr r �• Mf..1f1•• M 1 -11 -1) �..rT r. %...emu... �.".- w�...or �.�.�..`r.."w �rl...•�i�:•.".r , 11 M. 0.r f. I I, _ _ _ % .mss[ 1 10-ls1sD i i I i I/. l.rfrl I,..w.W 6r NryCW I n • 1 1 1171. fr� dNr TIrM AYr 7,i s%r1I�D.PrIr.IVr OJ1 � M.rs.i O•rrlr rrn 'a . � cp�y�D,•n -n Q trr..wMr ...r _,olt.. f.�.- .-- -1f•rM 1I. i �j•; r Pi M. S£RU I /U STAT/oN LaCAriDi �Y/G% CO¢usC rant¢ 10686 'WTN /LL aet Cuuriy �uzd; Cn»n«ceLO,t4. nn L7eNr�vG- efi>�]'itu7Y r.�P[entS fl,l1lalIsgc��.,• Nr�,iu� Rmceur,.tc(Fb�ui " F FOLV PGSrOFR.T7AL &&TAO Htl u m Jssrorf»4t tlAroo r.Lmo nest: COM'/MFEf AL/r �e COIMUfUIrrLI m i FOOTHILL BLVD } . ay a1� t P CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1987 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Cathy Becker, Public Works Inspector SUBJECT: Release of Bonds and Notice of Completion RECOMMENDATION: LAC 'CA % "off 13 The required street improvements for Parcel Map 5795 have been completed In an acceptable manner and it is recommended that City Council accept said 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 $34,000. Background /Analysis Parcel Map 5795 - located on the south side of Wilson at Mayberry DEVELOPER: Peter L. Granger 5719 Mayberry Avenue Rancho Cucamnnga, CA 91730 Release: Faithful Performance Bond (Street) $34,000 Respe'ctf I , Omitted, RHM:CB:jh I it �In 30 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P. 0. Box 907 Rancho Cucamorga, California 91730 WHEN RECOR3ED MAiL TO: CITY CLERK C:TY OF RANCHO CUCAMONGA P. 0. Box 307 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION 4 NOTICE IS HEREBY GIVEN THAT: 1, The undersigned is an owner of an interest or estate to the hereinafter described real property, the nature of which interest or estate is: Parcel Map 5795 2. The full name and address of the undersigned owner Is: CITY OF RANCHO CUCAMONGA. 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga, California 91730. 3. On the 4 day of March 1987 there was completed on the hereinafter described real property the work of Improvement set forth in the contract documents for: } Parcel Map 5795 4. The nane of the original contractor for the work of improvement as a whole was: Peter L. Granger S. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Located on the South side of Parcel Map 5795 3/ 0 CITY OF RANCHO CUCAMOHGA, a cunlcipai corporation. Owner a e Russell gu re City Engineer t I RESOLUTION d0. S — 0 $ 7 A RESOLUTIOR OF THE CITY COUNCIL OF THE CITY OF RANCHO 'a CUCAMONGA. CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS ` FOR PARCEL MAP 5795 AND AUTHORIZING. THE FILING OF A NOTICE OF COMPLETION FOR THE YORK WHEREAS, the construction of public improvements for Parcel-Map 5795 have been completed to the satisfaction of the City Engineer; and m WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NCW. THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of the County Recorder of San Bernardino County, O'Vletjon accepted with 0. P 9 .s i+ C :a C~ jf 0 5.j Yf. f i- CITY OF RANCHO CUCAbIONGA . STAFF REPORT DATE: March 4, 1987 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Engineering Technician Y F 1917 SUBJECT: Approval of Map, Improvement Agreement aid Improvement Security for Tract 12772 located between Ramona and Turner Avenues, south of Baseline; and accepting 30 feet of dedication on Teak Way, submitted by M b 5 Residential Development RECOMIODATION It is TTact 277 2a tacceptingytheusubjectoagrehemntttndesecultytand authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record; and adopt the attached resolution accepting 30' of dedication on Teak Way offered on Parcel Map 8298. A9ALYSIS /BACKGROUND Tract 12772, located between Ramona and Turner Avenues, south of Baseline, PlanningtComaiss onRonfSeptfembeDevelopment 12, . for the division of v 5.2 by into 81 lots. The Developer •i G S Residential Development, is submitting an agreement and security tur Tract 12772 to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $300,000 Labor and Material Bond: $150,000 Copies of the agreement an", security are available in the City Clerk's Office. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water Of strict. C.C.dR.'s have also been approved by the City Attorney. Respe 11 submitted, RFM:LB :Jh Attachments 33 a CITY OF RANCHO CUCAMONGA .3v N rPAt: 17=, TRACT 12772 CITY OF RANCHO COCA ONHIA 11 M VEME iT AGREEMBIT FOR TRACT 00. 12772 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamon3a, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and M L S Residential Development hereinafter referred to as the Developer. MITHESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tract No. 12772 and WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to approval of said subdivision generally located s/o Baseline between Ramona and Turner. NON, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 6 hereof within twelva months from the effective date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this agreement. This agreement shall be in default an the day following the first anniversary date of said approval unless an extension of time has been granted by said City as hereinafter provided. 3. The Developer may request an extension of time to complete the terns hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the rig..t to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. if the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful mans, and thereupon recover from the Developer and /or his surety the full cost and expense incurred, z 2950 Airway Avenue, Suite B -1 Costa Mesa, Ca 92626 -1- 3s 5. The Developer shall provide metered Hater service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Hater District. 6. The Developer shall be responsible for replacement, relocation, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. 7. Improvements required to be instructed shall conform to the Standard Drawings and Standard Spec ations of the City, and to the Improvement Plan approved by and oi, Ale in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construction of any transitions or other incidental work beyond the tract brundaries as needed for safety and proper surface drainage. Errors or oaoissions discovered during constructin shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. 8. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or ottu.r nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said development resulting from work relative to said development. 10. Work done within existing streets shall be diligently pursued to completion; the City shall have the right to complete any and all wort in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedication of the streets and easements in said subidivision, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said 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 7, to be performed, each of said streets not accepted as improvements 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 a temporary street closure permit, issued by the City Engineer, whenever it is necessary to protect the public during the construction of the improvements herein agreed to be made. -2- 3i: 12. Parkway trees required to be planted shall be planted by the Developer after other taprovement work, grading and cleanup has been completed. Planting shall be done as provided by ordinance in accorJance with the planting diagram approved by the City Community Development Director. The Developer shall be responsible for maintaining all trees planted to good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Developer is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City Drdiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the Improvement is accepted for maintenance by the City, and no improvement security provided hereinwith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, s or until a new agreement together with the required tagrovement security ha beer, submitted to the City by a successor to the herein named, and by resolution of the City Council sane has been accepted, and this agreement and the improvement security therefor has been released. 15. The this agreement mpshall consist rOfy the O11owingaandyshall beoInpa form acceptable by the City Attorney: A. To secure faithful performance of this agretxnt. 1. A bond or bonds by one or more duly authorized corporate surettos in the form and content specified by Government rode Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. 6. To secure laborers and materlalmen: 1. A bond or bonds by one or more duly authorized corporate sureties in the fors and content specified by Goverment Code Section 66499.2. 2. An Improvement Security Instrument to the fors and content specified by the City Attorney. 3. A deposit with City of money or negotiable 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 Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notef to the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment to full; or, if no value is submitted, the cash bond shal- be as shown on the Construction and Bond Estimate cntained herein. �- 37 Said cash deposit may be .refunded as soon as procedure permits after receipt by the City of the centerline tie notes and written assurance of payment to full from the engineer or surveyor. D. The -equ!red bonds and the principal amounts thereof are set forth on page 6 of this agreement. 16. The Developer warrants that the improvements described in this agreement shall be free from defects In materials and workmanship. Any and all portions of the improvements found to be defective within one (1) year following the data on which the improvements are accepted by the City shall be repaired or replaced by Developer free of all charges to the City. The Developer shall furnish a maintenance guarantee security In a sum equal to ten percent (10%) of the construction estimate or $200.00, whichever is greater, to secure the faithful performance of Developer's obligations as described in this paragraph. The maintenance guarantee security shall also secure the faithful performance by the Developer of any obligation of the Developer to do specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described to this agreement may be released provided that such release is otherwise authorized by the Subdivision Map Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractcr performing work covered by this agreement from claims foi property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage Insurance shall list the City as additonal insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: 5. Contractor's liability insurance providing bodily injury or death liability li-mits of not loss than $500,000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $250,000 for each accident or occurrence with an aggregate limit of $500,000 for claims which may arise fro% the operations of the Developer to the performance of the work herein provided. B. Automobile liability insurance covering all vehicles used to the performance of this agreement providing bodily injury liability limits of not less than $500,000 for each person and $1,000,000 for each accident or occurrence, and property damage iiability limits of not less than $250,000 for each accident or occurrence, with an aggregate of not less than $500,000 which may arise from the opera- tions of the Developer or his Contractor in performing the work provided for herein. -4- 3 8 �l cam R :r C d 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after Ale City shall have received notification by registered mail from the insurance carrier. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the following described improvement security, and has affixed his signature hereto: r FAITHFUL PERFDIMMNCE Type: Principal Mount: $300,000.00 Name and address of surety: DEVELOPERS INSURANCE COMPANY 333 Wilshire Ave,Anaheim,Ca 92801 MATERIAL AMO LABOR PAYMENT Top: Principal Mount: $150,000.00 DEVELOPERS INSURANCE COMPANY dame and address of surety: 333 Wilshire Ave,Anaheim,Ca 928M CASH DEPOSIT NONLMMTATIOM Type: Principal Amount: $3,550.00 Name and address of surety: "TOME QV"TEE Type: Principal Mount: H/A Hama and address of surety: 10 BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties aereto have caused these presents to be duly executed and acknow with 11 f lities required by law an the dates set forth =9na na r Date 7 - /r. L'7 b a'�- - Developer re E; .90AAL04 Date 2-13-F? by - �Developer gna e Printed i Accepted: City of Rancho Cucamonga, a municipal corporation By: Mayor Attest. City Clerk y Approved: City Attorney r; „r A�•2 t DEVELOPER'S SIGNATURE MST BE NOTARIZED " AND COMPLETED IN TRIPLIJITE V6 For I Date: File CITY OF NWCNO CUCANONGR t11GINEERING DIVISION ENCAMCNIM !EMIT FEE SCIEDIR.E MM: Dees sot lmclmde cvrreat fee for mritiog paMt or pavearst deposits ■ QUANTITY UNIT ITEM . PRICE AMgMT 3 020 L.F. P.C.C. curb - 8' C.F. 24' gutter 6.00 18 120 102539 S.F. 4' P.C.C. sidewalk MS ISM3— - 5tIII0— S.F. Orive approach 2.50 �5- - 3`515- S.F. 8' P.C.C. cross gutter (inc. curb) 3.40 13� 3 !- — S.F. Crushed at q. bas• (po inch thick) (4--) 0.03 35.DO �— -i3`700- Ij2II0— TOM A.C. (900 To 1300 tons) -j746— S.F. A.C. (3' thick) 0.55 �5i9— 'thick A.C. ovarloy 0.30 �II— EA. Street lights 1000.00 Iiacd- Ii 492- S F. Rtwoval of A.C. pavement 0.35 S�iiT �'l4- L.F. Removal of A.C. bens 1100 EA. Street signs 200.00 i30Q� — —3— EA. Outlet structure, Std 0507 500.00 OO M 7— 50 L.F. Utility Undergrounding 160.00 1i0s'000 -- 37— EA Street Trees 60.00 — 7Ti8— ENGINEERING INSPECTION FEE 12 625 SUB TCTAL 260 096 *RESTMATION/DELINEATION CASH CONTIMENCY COSTS 0!014 DEPOSIT (RFFINIDABLE) FAITHFUL PERFOWMCE BM (,ODs) 1 MONUENTATION SMETY (CASH) 3.550 LABOR AND MATERIAL 6OMD (509) '136.`000_ r *►srsaast to City of A ndw Cmcarap Mwicipai Code, Title I, Chapter 1.48, adeptiM Sae Bermardlss Commty Cede Titles. CAep%ws 1 -5, a cash rostorattom/detiwattem deposit skall he mods prier to issome of N Fiomering Cosstrmcttea PwWt. Revised 3/84 W 5� GUARANTEE NO PERFORMANCE (SETTING OF FINAL MONUMENTS) City Council City of Rancho CucaTOrga P. 0. Box 807 Rancho Cucamonga, California 91730 Gentlemen: Pursuant to Chapter 4, Article 9, S, undersigned hereby agrees that al of m T �27L are to eng veer or surveyor on dr a ore the Engineer's or Surveyor's Cer-t-R thereon to complete all engineering Of the Government Code. ton 66497 of the Government Code, the monuments shown on the final map set and furnished by the subdivider's to and a reps tp as specified in is uirements 9specified inn Section e 664975 The undersigned hands you herewith the sum of S sY0 No b - ) as a cash deposit, said deposit to guarantee t at t e monuments will a sec and the notes furnished as above provided on or before the date specified and that the engineer or surveyor will be paid by the undersigned. It is further understood and agreed that in the event the undersigned falls to complete the above requirements within the time specified, the City of Rancho Cucamonga Is authorized to complete said requirements or cause them to be completed and the cost thereof is to be a charge against said cash deposit, and the City of Rancho Cucamonga Is authorized to make the necessary transfer from said cash deposit to the credit for the proper city fund. It is further agreed that if the undersigned does not present evidence to the City Council that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor gives the notices prescribed In Section 56497 of the Government Code, the City shall pay to said engineer or surveyor, the cash deposit herein made. If deposit, hcthe undersigned r esdtoay requirements e difference within thirty (30) days after receiving written statement from the City of Rancho Cucamonga specifying the amount of the difference between the cash deposit and the actual cost of said requirements. Cordially, ! n / , Subdivider Address Date The depositer of record (for return of a be ny portion of the ca;; deposit) shall ov Name ress MOTE: YD BE SUBMITTED FULLY FILLED OUT AND SIM IM TRIPLICATE 3/17/86 "4 zep:' C a RESOLUTION 110. 0 7 -09 9 A RESOLUTIGf OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12772 WHEREAS, the Tentative Nap of Tract No. 12772, consisting of 81 lots, submitted by M 6 S Residential Development, Subdivider, located between Ramona and Turner Avenues, south of Baseline, has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in 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, end 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 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. OR .; RESOLUTIOMNO. J7•i)��% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF - RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING 30 FEET OF ' DEDICATION ON TEAK MAY AS OFFERED FOR STREET AND RELATED PURPOSES The City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: The offer to dedicate to the City of Rancho Cucamonga, Ca ern a, he property herein described for street and related purposes, is hereby accepted. Said property is described as follows: The westerly 30.00 feet of Parcel 1 of Parcel Map 8298 recorded in San Bernardino County in Book 89, Page 19 of Parcel Maps in said County Recorder's office. r W, n, 1y�S.T,�:'s "�'rT�s w . _ RECOMFIIDATIOM It Is recommended that the City Council adopt the attached resolution, 1 accepting the subject extension agreements and securities r•1 authorizing the Mayor and City Clerk to sign said agreement. Improvement Agreements and Improvement Securities to guarantee the construction of the off -site improvements for Tracts 12726 and 12727 were approved by the City Council on February 19, 1987, in the following amounts. Tract 12726 Tract 12727 Faithful Performance Bond: $68,255 $39,696 Labor and Material Bond: $34,127 $19,848 The developer, A - M Homes, is requesting approval of a 12 -=nth extension an said improvement agreement. Copies of the Improvement Extension Agreement a ti available in the City Clerk's Office. � ZF:lt%ted, r, f - + °e Attachments I;. CITY OF RANCHO CUCAMONGA IcwArq STAFF REPORT - 1.. s DATE: March a, 19C7 TO: City Council and City Manager 1977 _ FROM: Russell H. Maguire, City Engineer , BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Extension Agreements for Tracts 12726 and 12727 located between Mignonette and Tanglewood Drive and between Bear Creek Avenue and Saddluback Place, submitted by A - M Homes RECOMFIIDATIOM It Is recommended that the City Council adopt the attached resolution, 1 accepting the subject extension agreements and securities r•1 authorizing the Mayor and City Clerk to sign said agreement. Improvement Agreements and Improvement Securities to guarantee the construction of the off -site improvements for Tracts 12726 and 12727 were approved by the City Council on February 19, 1987, in the following amounts. Tract 12726 Tract 12727 Faithful Performance Bond: $68,255 $39,696 Labor and Material Bond: $34,127 $19,848 The developer, A - M Homes, is requesting approval of a 12 -=nth extension an said improvement agreement. Copies of the Improvement Extension Agreement a ti available in the City Clerk's Office. � ZF:lt%ted, r, f - + °e Attachments I;. ♦.L `l - i i •i ''f f x .. 1. ; �' ^�• 4 � S ...w.e ..y _ 1 � N • i !) Ev" - A til� i L i cl, G —f J 'N ch ,mot:. ■ a Cm of iut m a cma" IMPNOIel1T ERTBISION AORMOT FOR Tract 12727 KNOW ALL KIM BY THESE PRESENTS: That this agreement is mfde vA entered into, in conformance with the provisions of the Subdivision Map Act of the City of Rancho Cucamonga, California, a municipal corporation, by and between the said City, hereinafter referred to as the City, and A -M Hamer fzo l9 A-M Carpcny) referred to as the Developer. i74?a% Cr. THAT, WHEREAS said Developer entered into an improvement agreement with the City as a requisite to issuance of buildings permits, and WHEREAS, said Developer desires ap extension of time to complete the terms of the said improvement agreement. NOW. THEREFORE, it is hereby agreed by the City and by said Developer as follows: 1. The completion date of the terms of the said improvement agreement is hereby extended by a period of 12 months from the date of City Council approval of said a1r.* ment. 2. All other terms and condition: of the said improvement agreement shall remain the same. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Developer has affixed his signature hareto: �' rr�w►aw CITY OF RANCHO Cl)CAMONGA WFORNIA, a avinicipal corporation By: Dennis L Mut, Payor Attest: Beverly A. Authelet, City Clark a California limited partnership A-M Ccapany, a California limited MOTE: FOM MIST ME CWLETD IN TRIPLICATE AND DEVELOPER'S SINNATIRE MIST RNi NOTARIZED `k e� fi STATE OF CALIFORNIA ) ) an. COUNTY OF ORANGE ) On 7-V—A) before me, the undersigned, a Notary PubITc 'Sn— and7or said State, personally appeared THOMAS I. HOVER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the Vice President, on behalf of A -M HOMES, INC,, a Delaware corporation, the corporation therein named, and ack- nowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its bosrd of directors, said corporation being known to me to oe the general partner of A -M HOMES, a California limited partnership, (formerly A -H Company, a California limited partnership) the partnership that executed the within instrument, and acknowledged to me that such corporation exacutoa the same as such partner and that such partnership executed Cho same. ' WITNESS my hand and official Beal. o"'C" s L t 7� Gtrmcla la�ls'Nekh 4r Comm. E.9 hb la 19e3, Signature ' t••••••••••(t7VfdY} 56LTi »•• ''r M s i ImpEatAgmt `` CITY OF RANCHO CUCANONGA DWROVE ENT EXTENSION AGREEMENT FOR Tract 12726 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the City of Rancho Cucamonga, California, a municipal corporation, by and between the said tiereinafter referred to as the City, and A-( Hones (formerly A-M CarpmN) red to as the Developer. WITNNESSEIM: THAT. WHEREAS said Developer entered into an improvement agreement with the City as a requisite to issuance of buildings permits, and WHEREAS, said Developer desires an extension of tier to complete the terns of the said improvement agreement. NOW. THEREFORE, it 1s hereby agreed by the City and by said Developer as follows: 1. The completion date of the terns of the said improvement agreement is hereby extended by a period of 12 months from the date of City Council approval of said agreement. 2. All other terms wad conditions of the said isprovement agreement shall remain the same. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Developer has affixed his signature hereto: rrrrmrrttrrrrm mrrrrrmrm CITY OF RANCHO CUCAMONGA CALIFORNIA, a municipal corporation By: Dennis L 5tour.—Wa—yor Attest: every A. Authelet. City Clark DEVELOPER A-M HOMES, a California limited partnership ( formerly A-M Canpany, a California li nited ' NOTE: FOAM MIST E COMPLETED IR 111PLICATL AND DEVELOPER'S SIGNATURE MUST BE NOTARIZED Y9 dent .. v. rya - r a= STATE OF CALIFORNIA ) ) as. COUNTY OF ORANGE ) On - 1 before me, the undersigned, a Notary Pub1rc in and for said State, personally appeared THOMAS I. HOVER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the Vice President, on behalf of A -M HOMES, INC., a Delaware corporatio.s, the corporation therein named, and ack- nowledged to me that acid corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be the general partner of A -M HOMES, a California limited partnership, (formerly A -M Company, a California limited partnership) the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. anausw . Grmela Louise We!ch . � o Mo4iry PuYCCNbro. � ? Signature ly,C�t 1__a4 rtr ;,,,,, ,,. wr canm up r la �9a9; (( -- - ••ttmeary•sees}.-.. RESOLUTION NO. $7-090 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENTS AND IMPROVEMEiNT SECURITIES FOR TRACTS 12726 AND 12727. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration Improvement Extension Agreements executed on February 12, 1987, by A - M Homes as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located between Mignonette and Tanglewuod Drive and between Bear Creek Avenue and Saddleback Place; and WHEREAS, the installation of such improvements, described in said Improvement Agreements and subject to the terms thereof, are to be done in conjunction with the development of said Tracts 12726 and 12727; and WHEREAS, said Improvement Extension Agreements are secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement Extension Agreement. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Extension Agreements and said Improvement Securities be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Extension Agreeir ^nts on behalf +, of the City of Rancho Cucamonga, and the City Clerk to attest tr reto. ,0. m ■ ry a w 2 i CITY OF RANCHO CUCAhIONGA STAFF REPORT DATE: March 4, 1987 G9 q`�$( L -w TO: City Council and City Manager 19:: FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Map, Improvement Agreement and Improvement Security for Tract 12650 -2 located on the east side of Haven Avenue, north of Hillside Road, submitted by The Deer Creek Comcany. RECOMMOATION It is recommended that the City Council adopt the attached resolution approving Tract 12650 -2, accepting the subject agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. ANALYSIS /BACKGROUND Tract 12650 -2, located on the east side of Haven Avenue, north of Hillside Road, in the very low Development District, was approved by the Planning Comnlssicn on May 23, 1984, for the division of 147,16 acres into 42 lots. The Developer, The Deer Creek Company, is submitting ar agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $267,000 Labor and Material Bond: $1;3,500 Copies of the agreement and security are available in tie City Clerk's Office. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C.&R.'s ha%e also been approved by the City Attorney. Resp % ubmitted, R . Attachments s� O Ner],ua Syacs I 1 1 '� •g`1 �_ �tipf i �:'My.• �` •G iMRtNNI �• r�Y••�,, i % �a�w�sw ` �• N I --- - -- - -- - - - - - s. I -- t ] ] 1 �a CITY OF RANCHO ' CUCAMONGA� ° •aIM- TRACT 126$0 -2 r� Z �GG DIVISION MMMM71. Gi. y .��+�,t•� r� p ?4 +~•w a ^" CITY OF RANCNG CUC1MOW IWROVENUT AiREE UT FOR TX4CT 12650 -2 KNOW ALL MEN 8Y into, in conformance with theSProvisionstof ithe gSub�lsion p Act of the State of California, and of Cucamonga. Californ the applicable Ordinances of the City of Rancho ia, a municipal corporation, by and between said City, hereinafter referred is. referred to as the City, and The Deer Creek Company hereinafter ed to as the Developer. W1TNESSETH: THAT, WHEREAS, sho n said Developer desires to develop certain real property 1n said City a shown on the conditionally to subdivision known as Tract 12650.2; and WHEREAS, said City has established certain rdqufroa its to be met by :aid the Developer at side Of HenlAvenue northacf Hillside Rooadiston generally located an NOR. THEREFORE, it is hereby agreed by said City and by said Developer as follows: I. The Developer hereby agrees to construct at Developers expense all improvements described an Page 6 hereof within twelve months frog the effective date hereof, the 2. This agreement shall be effective on the date of the resolution of defaultrnithe daylfollowinnggpthelfirst- anniversary dateiofasaiidmot shall unless in an extension of tier has been granted ly said City as hereinafter unless 3. The Developer may provided. ' hereof, Such request shall bbeeusubmitt extension City the to complete lam than 30 days before the expiration date hereof, and shall contain a a:.stemmnt of Circumstances necessitating the extension of Nr, The City shall have LM ail standards, review the lmprorheaent tY, including the construction therein if any substantial change his occurred during the term rmuhereoff�ustaents 4. ' this a r if the Mvelnper fails or neglects to comply with the provisions of T provisions betmtCbyanyshall lawfulhave means, 1aM thereupon to cause said Developer and /or his surety the full cost and expense incurred. Mraver from the 5. The Developer shall provide metered water saraice to each lot of said development in accordance with the regulations, schrldules, and fees of the Cucamonga County Water District. t,a o`• 846r Utica Avenue _ it Rancho Cucamonga CA 91130 A 6. The Developer shall be responsible for replacement, relocation, or removal of any component of any irrigation ester system in conflict with construction of squired improvements to the satisfaction of the City Engineer and the owner of such water system. 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and on file in the office of the City Engineer. Said improvements pare tabulated on the Construction and Bond Estimate, hereby incorporstr9 on Theeereof. as taken from the improvement plans listed thereon by number. T Developer shall also be responsible for construction of any transitions or Other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or esmissions discovered during constructin shall be corrected upon the direction of the City Engineer. Revised work We to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned worts. S. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of publ"; utilities and City Departments. Fellure to comPly with this section shall be subject to the Penalties provided nerefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said development resulting from work relative to said development. 10. Yoe, done within existing streets shall be diligently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and/or his contractor by lawful any means. streets andaecsawtss in said astubidlvitimes i following to the } e dedication and acceptance ofnnssgaid work or fWovelm t b said City Council, give pod travallng and x111 ax�lspUs� prrootect thetraveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Page 7 , to be performed, each of said streets not acceoopppteeerrd as leeoo�mements the shall be under Developer. street conditions containedminn "tree all or a Portion of any subject m t e e permit, issued by the City Engineer, whenever it is necessary to rotectsthhee public during the construction of the improvements herein agreed to be mode. 12. Parkway trees required to be planted shall be planted by the halllepberodawen been completed. Planting s provided by Ordinance Ineaccordancce with the planting diagram approved by the City Community Development Director. 2 v Y 3 The Developer shall be responsible for maintaining all trees planted in good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Developer is responsible for heating all conditions established by the Citv pursuant to the Subdivision Nap Act, City Ordiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no improvement securittyy provided hereinwith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvement security to be furnished by the Developer with this aarcwen Attolonsist of the following and shall be in a fors acceptable by A. To secure faithful performance of this agreement. 1. A bond or bonds by one or more duly authorized corporate sureties in the fors and content specified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the fors and content specified by the City Attorney, negotiable 3* apprroovedtfortsecuring deposl�of publicmonies. of the kind B. To secure laborers and materialmen: 1. A bond or bands by one or more duly authorized corporate sureties in the fors and content specified by Government Code Section 66499.2. 2. An Improvement Security Instrument in the foes and content specified by the City Attorney. 3. A deposit with City of money or negotiable bonds of the kind approved for seeuri n9 C. A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the Final Nap for the settsnB of all boundary, lot corner, and street centerline merwmrets ant for furnishing interline 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; o, if no value is submitted, the cash bond shall be as shown on the Construction and Bond Estimate contained heroin. Said cash deposit may be refunded as soon as procedure permits after receipt by the City of the centerline tie notes and written assurance of payment in full from the engineer or surveyor. 3 S4 { 0. The required bonds and the principal mounts thereof PIP 6 of this agreement. an set forth on 16' The Developer warrants that the improvements described in this agreement shall be free from defects in materials and workmanship• MY and all portions of the imPrcvmtnts fsund to be defective within one (1) year follorwng the data on which the Improvements are accepted by the City shell be repaired or replaced by Developer free of all charges to the City. The Developer shall furnish a maintenance gguarantee security in a sun equal to ten Of to secure secure the aithfulconstruction errrmancce of Deeveloper s0obligationseasrdescrribed in this paragraph. The maintenance guarantee security shall also secure the faithful performance by the Developer of any obligation of the Developer to do OnncO the improvemmts have been Accepted aani d ~binte: ante guaranteed security has been accepted by the City, the other improvwnt security described in this agrwe "t may be released provided that such release is otherwise authorized by the Subdivlsion_Map Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain such public liabiitty ared property daege insurance as shall protect him and arty contractor or subcontractor performing wort covered by this agreement tram claims for property dimeges which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by :aid contractor or subcontractor, or agyone directly or indirectly employed by even though such damages be not Developeersons caused by the negligence of the any contractor or subcontractor or anyone employed Dy said The 9Tpemesons. public 11aDi11ty and proparty damage insurance shall list the as additonal insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractor .and his subcontractors, and all insurance issued polictes hereunder shall so, state. The minimum amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily iniury or death liability limits of not less than $500,000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $250,000 for each accident or occurrence with an aggregate limit of $500,000 for claims which may arise from the oappeerations of the Deeeloper in the performance of the work harem pprovided. A. Autamebile 11abllity insurance covering all vehicles used in the 11,10 f not lessithangreemennt pforiedaeh bodily injury liability person and for each accident or occurrence, and liability limits ,000 property orgeoccarriome, not loss than $250,000 for each th an- aggregate of not less than $500,000 which may arise from the opera - Dave �r or his Contractor in performing tM work proridad for �1. tie 4 18, That before the execution of, thls ryle rlth the C1jy a certtficate or certificates Ofnlnsur�nc�e Woper a the ;,- specified insurance, Each such artifleate shall veer shall ft precludfna the cancellations, or reduction in to shall otbear an endor'smat a Dy :uch certificate, before tAe expiration of thirty (3p� Pli� evidences shall hate received notlHutfon by reaisgnd ayfl fps after the City carrier. the lnwrana As evidence of understanding the pprovisions contained herein, and of intent to cosply with sari and hasdfvfgfd Ms ss bnitted the following described imProv""t sacurf gnature Mrnta: P J ty u' i bf, Y 4 - u= ?:vi 'S.!X'R:•x_ 1_:. �',^..LLS,'•- ?_r,S= _ �.d� +�.Nr -' �, *` j - a�aaaayr��. -Lf ,, I Type' Pr1nc1Pa1 Mount: $267,000. Narae and address of surety: DEVELOPERS INSURANCE COMPANY 333 Wilahire Ave, Anaheim, Ca 92801 107MUL AM LAW PAMW Type' Principal Aswnt: S133,50O. Maar and address of surety: DEVELOPERS INSURANCE COMPANY 333 Nilahire Ave, Anaheim, Ca 92801 CASH DEPOSIT 11WAI 1fATI0R Type: Principal Mount: $3,300. Naar and address of surety: /cc. 40111# TO RE P05M Ma 70 ACCET AKE At TAE CM IN WITNESS NMKWk , the Parties hereto have caused these presents to be duly executed +M'+ckwoMledpM with all forrallttn required by law on the dates set forth opposite tM r silswtures. Date 2 -10 -87 by The Deer Creek Com anY. A'General Partnership Y: Y eve en , Inc., A neral Par .r Date by Vice President Accepted: r n City of Rancho Cucasew, a eanlctpal corporation By. Mayor Attest: City Clerk Approved: City Attorney KMAM'S 'UM1T1 K NKT 6E ROGR120 An OORfLM 19 TRULICATE 6 S� ti For I Date: File CITY OF AA M= CWJMMA FWNEERIBG DIVISION ENCROALMOIT MMT FEE SCREI LE oveunts R01E: Dees net IMINde cwmt in for writing Peewit or Pavement dgesits ■ MWITY UNIT ITEM PRICE AMOWR 6128 L.F. P.C.C. curb - O' C.F. 24' gutter 6.00 36 760.00 4U— L.F. P.C.C. curb only 5.50 — 2'72%8? 7MM— S.F. -397(i -- Drive approach 2.50 is 99.00 S.F. 8' P.C.C. cross gutter (Inc. curb) 3.40 X00 13 am C.Y. Street excavation 1.50 X700'00 3113 587- S.F Preparation of suERrade 0.15 176030.05' 113'317- S.F. Crushed base (per inch thick) 0.03 -T,llFM 44 13— EA. Adjust watew ilves to grade 75.00 15 00 -- 7= EA. Street lights 1000.00 EA. Barricades (intersee. $1000. Nn) 1.00 -r-- EA. Removal of Driveway 500.00 �— L.F. Removal of P.C.C. curb 3.30 —72—' L.F. Removal of Barricade 10.00 —1— EA. Street signs (5 street, 3 stop) 200.00 �T— L.F. 24' ACP (1400 D) 35.00 —2— EA. Catch basin M - 7' 2900.00 �— EA. Local depression 12' 1000.00 —2 - L.F. Break into Exist. Cash Basin 2.00 T S.F. EA. Landseevfrog A irrigation Removes 6 Aspl) 5.00 Street Trees �tnSr�"i1`{'H"11�4'%it:..l 50100 80 "s ENGINEERING IMSPECTIOH FEE 111M.00 SUB TOTAL 231 757.64 *RESTORATIDM/DELINEATION CASH 17mraff— CONTINXY COSTS (19S) )� DEPOSIT tmru MARLS) FAITIFIL PERFOR111NCE BOBB (IODS) `o MDMIMWATIOH SUETY (CASH) 3.300.00 LABOR AND MATERIAL BOND (50G) P 'Pwsemt in Citir of BaOa MaNNgal Cede, T1t1• I, �R�qr I.M. ~tog So BwfarMMl Ceemr Cede Titiem, Chs#ft 1-9, s a cub raaWetlw/4ellaaattem deposit smil , be wNe Prier M iswoace of an Earomming C mtewetlrm Peewit. ' Revised 3/64 f .? :n Y: lier �dAay �tnSr�"i1`{'H"11�4'%it:..l "1•''..9 •1' ' ry vi�iT AXE No ISION (SETTING OF FIlK ) City Council City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamon94, California 91730 Gentleman: Pursuant to Chapter 4, Article 9, Section 66497 of the Government Code, the undersigned hereby agrees that all aenumants shown an the final map of TR 12650 -2 are t0 be set and furnished tryy the subdivider's engineer or surveyor on or before March 1988, as specified to the Engineers or Surveyor's Certificate and agrees to furnish the notes thereon 's complete alt angineerfn9 requirements specified in Section 66497, he the Government Code. ahcash deposit. undersigned said d* herewith to ppu�rantee that 3.300 the m (Receipt w111�f a ) and the notes furnished as above Provided on or before the date specified and that the engineer or surveyor will be paid by the undersigned, It is f -ether understood and agreed that to the event the undersl9ynod fails to complete the above requirements within the tier specified, the City of Rancho Cucamonga is Authorized to complete said requirements or cause them to be andplthe city of the CuucMWgafls�ut�jwrized W magi ^the said cash transfer from said cash deposit to the credit for the proper city fund. It is further agreed that if the undersigned does not present evidence to the City Council that he has aid the engineer or surveyor for the setting of the final ^ in Section 666497 of the Government fCodde surveyor gives the notice prescribed herein model or surveyor, the cash deposit . the City shall pay to said engineer If the cost of Cospletieg said requirements exceeds the amount of the cash deposit, the undersigned agrees to Pay the difference within thirty (3o) days after receiving wrlttan statement from the dap, of Rancho Cucamon a specif my the +count of the difference between the cash deposit and the actual ,ost of said requirements. o Signature vice- President Title Date be depositor of record (for return of any portion of the cash deposit) shell The beer reek ^ompAW M&" 8480 Utica Ave Address Mn>•- �. ----naa Cm 91730 MIT: 70 BE VAN TiED FULLY FILLED wr Alp SIiNtD IN TRI/LICATE s e.e // RESOLUTION N0. Q 7 -D 9 'J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, ' IMPROVEMENT SECUR;TY, AND FINAL MAP OF TRACT N0. 12650 -2 WHEREAS, the Tentative Map of Tract No. lots, submitted by The Deer Creek Company, Subdiv 12650 -2, consisting of 42 ider, located on the east submitted to the City side of Haven Avenue, north of Hillside Road, has been of Rancho Cucamonga by said Subdivider and approved en 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 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 or for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by.the' City Council of the City of n-1C110 Cucamonga, California, as follows: e 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 ani the City Clerk is authorized to execute the cert4ficate thereon on ' behalf of said City. i; 9 CITY OF RANCHO CUCAMONGA �CAAs Q STAFF REPORT '�N DATE: March 4, 1987 �s 0 8 TO: City Council and City Manager ^O ? a > FROM: Russell H. Maguire, City Engineer im: BY: Linda Beek, Engineering Technician SUBJECT: Approval of Map, Improvement Agreement and Improvement Security for Tract 13192 located on the north side of Terra Vista Parkway, east of Spruce Avenue, submitted by Lewis Development Company. RECD "DATION It is recommended that the City Council adopt the attached resolution approving Tract 13192, accepting the subject agreement and security and authorizing the Mayor and City Zlerk to sign said agreement and to cause said map to record. ANALYSIS /BACKGROUND Tract 13192 located on the north side of Terra Vista Parkway, east of Spruce Avenue. in the Low - medium Development District within the Terra Vista Planned Community was approved by the Planning Commission on October 8, 1986, for the division of 6.67 acres into 62 lots. The Developer, Lewis Development Company, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $158,000 Labor and Material Bond: $ 79,000 Copies of the agreement and security are available in the City Clerk's Office. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C.dR.'s have also been approved by the City Attorney. Respegi.fully submitted, 'C R Attachments 63 d. f 'i r I e e � e _= 1 CITY OF rrmb _ RANCHO CUCAMONGA 7nl&- TMU 13.92 ZNGINEVtI NG DIMON EEC �v IN .s CITY OF RANCHD CUCAMONGA IMPROVEMEXT AOREEli111T FOR TRACT 13192 KNOW ALL MDI BY THESE PRESENTS: That this agreement 1s made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal corperation, by and between said City, hereinafter referred to as the City, and Lewis Development Co hereinafter referred to as the Developer. WITNESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tract 13192; and VdEREAS, said City has established certain requirements to be met by said Develooer as prerequisite to approval of said subdivision generally located in Terra Vista Planned Coweunity. NOW, THEREFORE, it is hereby agreed by said Lity and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 6 hereof within twelve months from the effective date hereof. 2. This agreement shall be effective on the date of th_ resolution of the Council of said City approving this agreement. This agreement shall be in default on the day following the first anniversary date of said approval unless an extensior of time has been granted by said City is hereinafter provided. 3. The Developer may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be 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 Petered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. P.O. Box 670 Upland. CA 91786 (0,5— 6. The Developer shall be responsible for replacement, relocation, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and on file in th• iffice of tna City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construction of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or omissions discovered during constructin shall be corrected upon the direction of the City Engineer, Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. S. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Facture to comply with this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said development resulting from work relative to said development. 10. Work done within existing streets shall be diligently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedication of the streets and easements In said subidivision, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each end every dangerous condition existent in said straet or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, heroin incorporated on Page 7 , to be performed, each of said streets not accepted as improvements 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 a temporary street closure permit, issued by the City Engineer, whenever it is necessary to prntect the public during the construction of the improvements herein agreed to be made. 12. Park-* trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance to accordance with the planting diagram approved by the City Community Development Director. The Developer shall be rv:sponsible for maintaining all trees planted in good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Developer Is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City Drdiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no improvement security provided hereinwith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee securi;v hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. To secure faithful performance of this agreement. 1. A bond or bonds by one or more duly authorized corporate sureties in the form and content specified by Government Code Section 66499.1. 2. An improvement Security Instrument in the form and content specifi. ^d by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. S. To secure laborers and naterialmen: 1. A bond or bonds by one or more duly authorized corporate sureties in the torn and content specified by Government Code Section 66499.2. 2. An Improvement Security Instrument to the form and content specified by the City Attorney. 3. A deposit with City of money or negotiable 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 Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soon as procedure permits after receipt by the City of the centerline tie notes and written assurance of payment in full from the engineer or surveyor. r 3 D. The required LWnds and the principal amounts thereof are set forth on page 6-of this agreement. 16. The Develoiler warrants that the improvements described in this agreement shall be-free from defects in materials and workmanship. Any and all portions of the improvements found to be defective within one (1) year following the data on which the improvements are accepted by the City shall be repaired or replaced by Developer free of all charges to the City. The Developer shall furnish a maintenance guarantee security in a sum equal to ten percent (10x) of the construction estimate or $200.00, whichever is greater, to secure the faithful performance of Developer's obligations as described in this paragraph. The maintenance guarantee security shall also secure the faithful performance by the Developer of any obligation of the Developer to do specified work with respect to any parkway maintenance assessment district. Once the improvesa:nts have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Map Act and any applicable City ordinance. 17. That the Developer shall take out ad maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from chime for property damages which may arise because of the nature of the work or from operations under this agreement; whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage insurancw shall list the City as additonal insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The minim amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death liability limits of not less than $500.000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $250,000 for each accident or occurrence with an aggregate limit of $500,0DO for claims which may arise from the oopperations of the Developer to the performance of the work: Brain provided. S. Automobile liability insurance covering all vehicles used in the perfOrmeece of this agreement providing bodily injury liability iimitr of not lass than $500,000 for each person and $1,000,000 for eachcaccident or occurrence, and property damage liability limits of not less than $250,000 for each accident or occurrence, with an aggregate of not less than S500,0DO which may arise from the opera- tions of the Developer or his Contractor in pirforming the work provided for herein. �R i• 18. That before the execution of this agreement, the Developer shall file with On qty it certificate or certificates of insurance covering the specl fled 1nsurince. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. As evidence of understanding the provisions contained herein, and of intent to i Comply with same, the Subdivider has submitted the following described improvement security, and has affixed his signature hereto: r M, i FI x ', r 3• >' u. ;' �- , .> . FAITH M PERFON VMCE Type: Principal Amount: $150,000 DEVELOPERS INSURANCE CUSANY i Name and address of surety: 333 Wilshire Ave,Anahelm,Ca 92801 S INTERIAL MD LAWN PAYMENT Type: Principal Amount: $ 79,000 Name and address of surety: DEVELOPERS INSURANCE CR�ANY 333 Wilshire Ave,Anaheim,Ca 92801 3 CASH DEPOSIT NOUMTA17ION _. Type: Principal Mount: $ 4,300 Name and address of surety: ? TO BE POSTED PRIOR 10 ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be �• duly executed and acknowledged with all formalities required by law on the dates set forth opposite their signatures. LEWIS DEVELOPMENT CO., a partnership 1, Date o2_1Y °Y% by Developer bignature r n A IOPJ=AOEMT Date by Developer Signature Printed Accepted: c_ ' City of Rancho Cucamonga, a municipal corporation t t BY: Mayor Attest: City Clerk Approved: , City Attorney DEVELOPER'S SIGNATURE MUST RE NOTARIZED 1 AND COLLETED IN TRIPLICATE 76 6 bas •`I' v: CITY OF RANCHO CDCNIOM / ENGINEERING DIVISION ENCIN A 0104T PE]NNIT FEE SCHEDULE Location: TRACT No. Date: Nov er File • I - NOTE: Does not include current fee for writing permit or parwant deposits ANTITY UNIT ITEM PRICE AMOUNT 110 L.F. P.C.C. curb - variable C.F. 480 gutter 8.50 F. 240 gutter �� 11`676 S.F. 4•CPCC.C.rsidewalk 1.75 -id - �� S.F. Drive approach 2,50 ii5au-66 S.F. 8• P.C.C. cross gutter (inc. curb) 3.40 C.Y. Street �S`d46 S.F. Preparation ofisubgrade 0.15 "7'776 OU - (per inch thlck)(41 0.03 3Q`9IS S.F. A.Csh(3'�thhick)se 55 �� EA.. —� Adjust sewer Whole to grade 250,00 1'��03 EA. Adjust water valves to grade 75,005 (Q EA. Street lights 1000,00 15 U00 on S.F. Removal of A.C. pavement 0.35 —� L.F. Removal of P.C.L. curb 3,30 EA. L.F. Street signs 180 200,00 —�7 L.F. RCP (2000 D)) 274 29,00 - RCP (1500 0) 35.00 -2565.00 T EA. —� Latch basin M • 10' 3000,00 -�. _T EA. Catch basin H • 14' 3700.00 '-rm -- 01f EA. -� Catch basin M • 20' 4500.00 �� EA. —� Local depression 12' to 24' 1000.00 - EA. Junction structure Type 'A• 1000.00 37 L.F. Sawcut 2.00 00 ■ •M ENGINEERING INSPECTION FEE $6 945 SUB TOTAL $143.151.00 •RESTORATION /DELINEATION CASH T`[�- CONTINGENCY COSTS DQ DEPOSIT (REFummmtj FAITHFUL PERFORMANCE BOND (100 %) fA HONUIUITATION SU" (CASH) 4.300 LABOR AND MATERIAL BOND (SD%) (Q •Persuaat to CttwF 1101968 Cucamonga Muicipal Code, Title I, chapter 1.os, adopting San j OernardlAq Couatf�EMKTitlas, Chapters 1 -S, a cash restoration /delteeation deposit shall < be me/t Prior to issaaee of an Emginearing Construction Permit. Revised 3/84 4 l;: �4 �� NO SIB (SETTMG OF FOOL NMMTS) City Council City of Rancho Coca "& P. 0. box 407 Rancho Cucamonga, California 91730 Gentleman: Pursuant to Chapter 4, Article 9, Section 6097 of the Government Code, the undersigned hereby agrees that all monmeents shame on the final map of Tract 13192 are to be set and furnished by the subdivider's engineer or surveyor on or before !larch 19M, as specified in the Engineer's or Surveyor's Certificate am agrees to furnish the notes thereon to complete all engineering requirements specified in Section 64497, of the Government Code. 1M undersigned hands you herewith the sum of S 4,300 (Receipt No. 1 as a cash deposit, said deposit to guarantee that the mewamemets will amd the notes furnished as Wove provided an or Wore the date specified and that the engineer or surveyor will be paid by the undersigned. It 1s further understood and agreed that in the want the wAsrslfned falls to complete the above regal smamts within the time specified, the City of Rancho Cucamonga is authorized to complete said requirements or cause them to be completed and the cost thereof is to be a charge against said cash deposit, and the City of Rancho Cucamonga is authorised to make the necessary transfer from said cash deposit to the credit for the proper city fund. It is further agreed that if the undersigned does not present evidence to the City Council that he has Paid the engineer or surveyor for the setting of the final meuwaants and if the enf'neer or surveyor gives the notices prescribed in Section 64495 of the Goverment Code, the City shall pay to said engineer or surveyor, the cash deposit herein made. If the cost of completing said requtramanto exceeds the amount of the cash deposit, the undersigned agreas to pat' the difference within thirty (30) days after receiving written statement from the City of Rancho Cucamonga specifying the amount of "the difference between the cash deposit and the actual cost of said rtt"iraswAs. a0L1�1.01 a partnership Signature Authorized Agent Title Date The depositor of record (for return of any portion of the cash deposit) shall be Lrois Development Co. Race P. 0. Box 670 Address Upland, California 91875 7a" iM.' 111A ,MUM, FILLY FILLED wr 1914 Yir1D in wirucATE Ali M+ir of 11--d Luna sins ,x. �TIT)RNu M tie k"TAoft TO CER'IIFICp7t fIBS 02/13/17 IT Is AGjtmw TO WITH nRp�� RMUk o AXIUFDQ) Sr THIS _ OR FtLR1LTING ?" THE �iT O! SUSS ®0imm. ' MRM r1' rr NI otpW hror h0 torw8tlo'y n TIW tntbonoyyd tp Mdn BMW. of o"bo • put of ►Wky W. enocns ��u iMM i C06 Gf com J.H. Tbpn.,,,`__ ,� -.•f WET I -- - — Certificate of Insurance R I"%KCt T "Vale tc rt rIU92•S•w•rtc,orWMfr.6c*a,us MO W.,Sv,c. M m1 "Aniac 1.t M,01AT p cdT.tn"tu. ct MOt •IR•e ult•a OX WER rc cwtwt urwpco $,I" Mlpt..Ytlssum This is to Certify that LIBERTY Name and oddreEs of MUTUAL iwle Owetteetlee G.. Iet., etel Insured. 6 T.O. Net 070 LOylBd. G. 9178 J a.a sr.s..l wnrW <w +nwM.tN4^W�r W.r♦ N.H+.I r+ MOW- ..M.we-..'IrldAYr M.. rlsvl+•I. W.d aap +w r-- ..vN.w.N..M.... «. r Mr.. w w na..• +�L+� -r mwwa q onm r.M M�r.r.A. r.�..d a.w. McNaw TYPE OF POLICY CERT EK► DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGEAFFORD!➢UNCE.WC CCV.t LAW OF Tarr IOUO'A4.0 STATES BOCKY IMAM BY ACODENT WORKERS' <A ACCIDENT i n CURLY BY DIYASE COMPENSATION 7/1/117 -Ii2- 01]08 -0/i GlflrnL 3 EA PER14N BOOZY INAU" BY 04EA3E S Add, Macy LMVt LODILY INJURY PROPERTY DAMAGE VAL..oRtal•. 8 $ cocu"INa $ oD1RRETICE o.QAtt «M I S � uDDt6 S AGGREGATE f AGGMGAR dy Z .L(RNpM ODN. ❑reef COMW&D SINGLE WIT '� qC m� D000.Y INJURY AND PROKRTY DAMAGE S EACH OCCURRENZE [G V�,y',cn 1114 s AGGREGArE ' C OC CIMMB I f EACH ACODDR.SWAt UAVT4 E AND PD COMAWEE ❑ �D I S •AOI rtTfSD/t Q C i°m EACH s om i�NQ EA04 ACCIDENT s OR OccuERUXI 0 P OR.wryry { G..It Awr..W l f.30BIfl'Jrl ti CR.witY6, 1LOGIt:Wll A11 ieee eel ietleee 'fin.h w.V, F.. VY— M V—a,a li J as . ,Vco- a.... -M..l NOTICE OF CANCELLATION- THE COMPANY WILL Not TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POUMS UNLESS _10 DAYS NOTICE OF SUCH TERMINATION OR REDUCigN HAS BEN MARED TO / r r city of dace►. OWASOq. '. SKLU TRe i s•lety xVISIM of W Aunceac mavmAin. Sapartetat Of dRaafty Dexlgeeat :e1y 1. 19K c P.O. tick 007 �- `;� I 1.04111. GembmWo CA 91730 I Is, aRAD iis�-::-seetil ilela i,w. e..r..�u:rVww..t....4.wlam ru�wa mro�ro+:..taa,iw�...r.�: yw" .. � e.r�Trlwua mwwrr... / , err" RESOLUTION NO;' g7-a9, -'- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPaOVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 13192 WHEREAS, the Tentative Map of Tract No. 13192, consisting of 62 lots, submitted by Lewis Development Company, Subdivider, located on the north side Of Terra Vista Parkway, east of Spruce Avenue, has been submitted to the City"— - of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and , WHEREA'a, 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 In. rovement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. ' NOW, THEREFORE, BE IT RESOLVED by the C4ty 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. a' I CITY OF MNCFO CUCAMONGA STAFF REPORT Y +IMy 1/Ty. M DATE: March 4, 1987 TO: City Council and City Manager 19 FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Extension Agreement for Tract 12588 located on the southwest corner of Hermosa Avenue and Hillside Road, submitted by Pacific Omnivest. RECOMMEIIDATIO1 It is recommended that the City Council adopt the attached resolution, accepting the subject extension agreement and security and authorizing the Mayor and City Clerk to sign said agreement. Improvement Agreement and Improvement Security to guarantee the construction of the off -site improvements for Tract 12588 were approved by the City Council on May 5, 1981, in the following amounts. Faithful Performance Bond: $207,000 Labor and Material Bond: 5103,500 The developer, Pacific Omnivest, is requesting approval of a (3) three month extension on said Improvement agreement. Copies of the Improvement Extension Agreement are available to the City Clerks Office. Respe ty submitted '1• :n RI 8: Attachments r, .G �CA�:y?.?h.rrRf :-- "I:'r'r:'.:F`'-V y� ��• ".�i�". s r J; � J - '!- ♦?j��'i - ..tiw i �t °Y ,i S IN =I i y P .9 4 ti' 17p- 18 `B tl 1 N CITY OF RANCHO CUCAMONGA ENGINEMUNG DIVISION :altrssr� ..i l AWr ,.a a -% f 1 rWy. 77 iii. V N 1 rWy. 77 iii. V N lwtae eeC CITY D""Ifofr cATMUCR 164MINT f01OY ALL NBN n. ~ re In Conformeeee rfthat1N �iTS; That this ifii ,"After efenw ,tu UMfC I c �onb►yNpP Ac the oNr. _dF - the said Y City, YNEREAS Said TNs City, as a rapislta tttasuance entered Into an Imarwama mt of Wad. said Oevel "Ss Permits. and agreement rIth the the said tmprovm,e„t metros M eatamta* of time to diete the terms of NOW, _ IolThe completion date 1 h"y "-a" by the City and by said Owelow as ,� hereby extended py a � lod Of j of f Improvement yet 1s �, approval of f 2. agreement. b All other t the date of City Council reemin the s� and conditions of the said improreeent agreement As evidence of Understandiry shalt C0sP1Y with same, the OwelaPer has afff= contained ai herein AM of intent to '�'n"a►N►�s...... CITY OF CALIFO�MIA, a aynt AMICIp """*'rti►n,tinw.r�►� C� IP41 I'M1.0:pl �++s corporation By; Attest; au 4YOr ery u ej, i e WFUM In ��� 11 M ggNgOIPLI AT RESOLUTION N0. q-) -0 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOHGA, CALIFORNIA, APPROV!NG IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 12588. t California ,iEhRhas-forheitsitconsideation ant ImprovementfExtnslonCAgeremment executed on January 8, 1937, by Pacific Omnivest as developer, for the described therein. and generally located on t theh southwestacorner of iHermosa Avenue and Hillside Road; and WHEREAS, the In!' ,ation of such improvements, described in said 1 • Improvement Agreement and ,jbject to the terms thereof, is to be done in conjunction with the devel -ipwnt of said Tract 12588; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Extension Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Extnsion Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Extension Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 1 r , 6 It- N., CITY OF RANCHO CUCAMONGA Al STAFF REPORT ��. , DATE: March 4, 1987 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Duane Baker, Administrative Aide SUBJECT: Re est authorization to open Escrow on Parcel 1 of Tentative Parcel Map 9180, New City Yard Site. RECONIEYOATION: Staff recommends that Council authorize opening escrow on Parcel 1 of Tentative Parcel Map 9180. This Parcel is planned as part of the new City Corporation Yard. The purchase price is $220,000.00 of which $66,000.00 must pass through escrow before March 30, 1987. Funding shall come from the General Capital Reserve Fund. BACKGROUND: Per Council action of August 6, 1985, Staff was authorized to make an offer on Parcel 1 of Tentative Parcel Map 9180 not to exceed $220,000.00. In addition to the cash sales price. Council authorized the City to construct all necessary off site improvements to the parcel as part of the offer. Terms which were acceptable to the seller, Hellman Avenue Investment, and City Staff were finally agreed upon. Based on these terms, escrow' instructions were drawn up. Acquisition of this parcel is essential to the City's ability to meet citizen and population demands for services past the year 2000. Respe�r3.ful Submitted, Y RHM: /la _ u so i e Y ONTARIO SAVINOS A" LOAN o7faaoofnffon °r w...... 011 Wort! O.clld brow o•.wuw. I.0. ant fete • wffmg. GtlIp11M1A L. LCts r,. Bea 7466 _ yabrnary 11 at it N .+uir.Y•rYM.dY wws M1WYW Wgeirer a ti.r..rp uM V... dr ware 6ww. dee u 66Y wow Imr Yy,waY.a be lw rv...a .►. ._.— Y �i.w 4w KA sa W dy roar. Ydaa t W YyRrdr wwwwitewYtYwwl sedeece,'b.-Y r e Yom• dowlW s m JY •i tl 1 sdl bbd r.. dr..r Jl -0- . .. Yrb.Wa+.WY..ir W.n.J w..h wMrt W ear a" Ypv.sr _ wet wr lws.l ..bd. ILrta 30. 190 will 4apoa000.00 (aassoa per weer. J rrwaN- ,__.._ Y a"Itlonal 1/94.000.00 00 or baleen doper Dl. tin MOt fr.w 710.00D_r00_. 1917. (a) no Gesb 6014". sltbbt futbar lnatrectlaaa is aatbar teed Wo tardtately a&we said deposit to the Eall•r.a]lca ass /a E0t9'E nun,. 1Y aed abato Be apPl��a the pe c)raa prise at clue of herb. T"d ' —•• D120.000.00_,_ ' dra.OrMba n.m wtw�barwWN �wy�W tarrw.rlY •de"ad. d. bowaN r w r/ Yew. Wows be.4W W�e.M,AY per Ir•w. rw..w N WI. Y Wo 0 0wara`a •ratdt 7w r tl tritY twv.r. Y.w6 y Tltin?I= 03CUMn rbuW Wreabs M07-11 220.000.00 CQ4'MS w.wid YtY.a ty of Benche t1�1p rwM Ea Behidim r errp dswOrwYLLgr tM N ametcu..Ja Zvi N •Id Carry. (areal 1. of pMCt7, k p W. 9110. 1, rBe City of Beve►s Bernardino. a"" of Caluorafao h per plat raeerBed >a !unN• reOnty of Eav racerds of said County. - -. pats •..Yt"'amed Y. ClU or tMy C0071011". • N+nlelpal Cerpratteo (4) Aware pprroral of the realw "title b `wr r/r..a r.M^.wiv YiJw6Y Do►1ht to tsWp rO°Wa•IWuYw.Nl n r.. re a Y. Ina Try aw Nr.wr4 woNd b.)wnN Q10wdr Trrr ppsa , Y.S r..ady r-I%$ Nun. BeI Yi.wr deal 4r (Vr.l N ar.rt M.r�A� wage) 9or.Nrrdoa sYtwe.a twJY rY+wl r/YaraVs1 ppNYY Yea. JI r bqkdy M14fLYrOe bed ""M agwr 016T w were Y"waw. fro -ra4 Taau M a ptopatttahw batts u of close of utror• d pa. '.']F ODDY 041LLC7t010- fSL10O lt0. 7466 Rl[YgtATOtl a[OANA90OA11011 -rAG9i •.1 TY Ge.. 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S4 SC9IDOLA 'A` A7TA ®m [173£70 AND MQC A PAST 34LOP. IIlw uewW rtrdl•tl wrlrrrW..rrpWr loivat 11. 1997 7w .d rN, .. ,... wn.Aa w I.rIY dr ... W v.r M re.n N rrr w Yrwwv, F . Wr1 r IW rw. • In..W F >• aWrrr r rd Ar,W pW w w rvl.µ N w Yrrvr pw11N W \u..h b m. CI r 9 Knew C0GmG •. a Ura1C1Pa1 Qrporatlm P. 0. 9or 907 $w - -- - - - - ANrna ---ho Ouaaevp. Wit 91770 _ -- T&,4.. (714) 989 -1971 I4 Mary Yr.rJr. W ri.rs.n M.lt utrwN W rv,.r4 b r4W .rba1 W ar>rW b 4 r 1.01 erlh t« •tl 1..A rw W A«nr.a naJrN Ir r r rW w+ r rr,il.tl h I.rraolr.h ... A w.W\.4 a w W a.0.w I.r.W1 ». a.lf W q rewr w yu.rrr. r.ba Y r W w r N! 1:0,000.00 Orb n,.J J Owl. w ru Pl.r J r wrur Yrr bW ,mW! r r 1 .0) Mr « 4.r.N. wprCr J w r wa..r.r J w, rw..O.\,rar brr.4 y lf r Irr,r Or Wv rnr W ,Vrd r wl. I.d.l1•a Ni. tl.rq Ir W pvnW Y.u.rr.I awrh >r ..-half .a.WW Au.l lynW e...hr SU.,.rw..r r! 141.00 wl)NI.anr r As Per 89naaaa[ badaaa Sollar 9 Inkar Lf Xr T. ON.14%,Wl. W I. Arr Y" 1, ,aMrW Wb+,.od YM /d...rd lln Ooldar. It aa7, ».niy O»rrdrrwdµ.Wr w.4n d,rrOrd n.lpMM7 I.r ]..r 4r« C4d M 1.Ir.r. Y 4r N 3¢IW AYLT01 17IPiS➢mlT @LLMAN A9130C 1WESnMff. A Wiforola LbUtad Partoara8lp Srtaan 971 I.ANDOD rL1ANC[AL ODUMTION 11l.rrrt —. - - - - --- . DTI - -' --' . -- ._ -- 130 S. 11 Nut /ao, Salta lot A46 - -__ ___ _ - - - - -_ - boa Cg LUQ IAVIW AM LWA A/ggCfAUCK Now W. 7166 —_ SCRIDIIIA •A• r 11 The Property the subject of We uc[w in described go rural 1 of Pascal ttaP (TITTATITC) Rap Mo. 9160 Is 'A• shn" on fahlblt attached. a 1. The City of ■eecN Cammonp (Sayer) qn's to ccmpsate the foltwlal Prior to Close of escrow, ') pay the cost for sallwering and regarding of final rural Rap 9100. b) Pay the cost of -utility umerSmeadty l0 lies [wi [er RWlean bmm'. C) Provide necessary offutemprovaarlts W gouplecs the ertmslon at use Street 11 accordance With the conditions, of approval for the final parcel sap. It le andmotoed that such affair* taprovgeants shall N sufficient for the entire street (IeclvdIRS utility grabbing and all required public loprovr sense for Nth sides of the serest. 1. Possession m N given N of clove of ScIont but dorinS the @suns, period Buyers at its *ale cast and @spam' mall have the right w process gay necessary Plane and Np* as resulted by the City sod /or Coon, Cov@sneantsl authorities and the Salldr alrees to 1111 any decnaesll required by sold goyeraeaaSW aathor"'" to Proem seen, bay's sgre@s to Ingenuity and Nld she Seller and the property true sad bar*les1 from any lies. Caeage of liability prtalog Stan Suyer'• wtry up" the property. A. This esuou is -abject W sppsovW of the eajorlry of than. gal Interest of Belles AM" Inaasm'nt. a California Batted parmstships vlthin ll dap true wecntl= of these Instructions by the City of Rancho Cocamvaga, S. Plan fa of the asses" la all andermttnll and pro issue bunt* contained. TO TTR !EOW FRI All sources. 41162,19 W is i tnctta wo boost be Les witlag. In the nut eo*I1Latin dveanls or nodes am We at a*rrM upon yes or oar mounoomy ernes Ntvaa tha parties harem or vlth third pe.:sw Sm, mg Out of or rWatmg to thin ascrw. per *ball Nvs the absolute right n W1thhWd W atop all furthsr PrmuadlNa IA. and perlormeace ref. thls *Kraal Insist yes Mal" w ritrw "Itucatlon rtltyactaq m you of the sestlaaeat of the cwtrnerq by greebont of the Parties thersao, or by final IUJS eat of a court of converse[ Jurisdiction, Twos knowledge of "its" affectly the Property Provided sum facts do set''Pmwvat cauplWts With thew laatractlaao does fat Cream A" liability sr dory to nddiclla " yaK ntponsthitf y us6or rheas Loor etmoo. All *f W putt" W thin serve hereby Jesaaly W severally pronlea W agrea ue Pay Pnuptly ea daesmas r wall r to ladeonl[y Pea W to hold yes harmless frw and ofaWt al111t1Mtla W lamrplaawr cwn. daargss jWawpsts. attorneys fw. oupeaesg. NUMtlsr sad ll.yilitlae of awry hind, wake. fa'gwd•falth. yes any tats, ea aeftea L twottLa With or arlaly sec of tale socrw. whether said 11tiMtlw. er, or laligactar. llwllltlw w aupsmw ealla a.mg W perfareawo of this eearw. w, sWspwt WNNU d7rwW w faLLreaaly. :r Thaw sattlal / ' I: ., 'y 1v r �wii�r•'fii: . CANT �r HI, i � 44y.i r �ry 8`/ )A �'ARCEL MAP Nt. 9180 p \,Q CITY >�lyyp QFJYpy. Iris ii y •i..�•i'i i4•\.i\w.�. �i�i'L w��:�ji+.�l^�ij�� i".n�.•1°.� .rw Ims �'..'.7 r.38:t�•.72'7S'• .:.7 '�•••• carom xawo AS A nTSINA; ZEE- A to [IY''! ••i ... j4 i i : YKYT • lir IL 1v r �wii�r•'fii: . CANT �r HI, i � 44y.i r �ry 8`/ )A COUNTY OF SAN ISIMARDINO JF rot nECdnbanY UM ONLY r PRELIMINARY CHANGE OF OWNER7HIP REPORT (To be COnPbtod by banaferaa (buyer) prior to uwbr of subject In attooarce "Is Sato. 480.9 of the Ravnare and Taxation Code) SELLER; HaLMAN AVENUE INVESTMa-r- a California Llaited Partnership K, (ER: CITY OF RANCHO CUCAMONGA, a Municipal Corporation A.P. f(a): LEGAL DESCRIPTION: Parcel I of PARCEL HAP NO. 9180, City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book ADORM (N anpmed): page , records of said County. MAIL TAX INFORMATION TO: Name City of Rancho Cucamnga P. 0. Box 807 Address: Rancho Cucamonga, California 91730 The ProP" which you acquired may be nmject to a suppWWW assmalant in an amount to be detsrmbud by the San Assessor Count' Asrwesot. For further Infamru9on on your suppNmanW rod W19"on, Please call the San Bernardino County Aswasor a• (711) 3B3@eSt. I. Trancfar InMmati o: A Was this transfer Wary between husband and wife, addition of a spouse. death of a spouse. a. ( ) YES b. ( NO dno(ce settlement ate.? X) 8. Was this transaction only a correction of the name(,)arhe pnaori(,) hDidiry Otis to the property) a( )YES b.I NO C. Was Otis document recorded to mate, Yrminate, w reowr ay a lendses in ues if in the proputy) X) M. ( ) YES b. NO D. eG Ova bamattion recorded oNY o Cre ate, terminate, or recorwey a security interest ( X) cosign)? a. ( ) YES b. ( X) NO E Was 0115 doCUmam recorded to substitute a oust" under a deed of trust mortgage, or Other a. ( ) YES 6. NO aimtiar document? ( X) F. D,d the bansfar result in the orutlon of a joint tenancy in which the Haar (tnualsror) remains U a ( ) YES b. ( NO one of the joint lnwas? X) tmmfwrftm Personwdotnated thejdm tenancy (odgbuf barofemp? a.( 1YES b.(X)NO a to a trust for the benalh of the grantor? b. to • revocable Dun? a. ( YES b. ( X) NO o C- p trust from which the p P*AY reverts to the grantor within 12 yfare? A. ( ) YES b. ( X) NO a ( YES b. ( NO I It this PrOP" Is subject to a lute. U the remaining lam tams 95 years or more inelpding X) a. ( I YES b. ( NO written optvu7 x X) J If this 15"10414 excluded from a change in ownenNp as deMW In Section 62 of the Revenue and Taxation Code for any reason other than those Rated allow, wt oM the sPecfhe exctuaNn dabned: IF YOU HAVE ANSWERED "NO" TO DUES IONS A THROUGH 1, INCLUSIVE, AND HAVE NOT CLAIMED ANY OTHER EXCLUSIONS UNDER J. PLEASE COMPLETE BALANCE OF FORM. OTHERWISE SIGN AND DATE 2. Type of Property Transferred: y a ( ) SInW,, W y residents "110horn , b. ( ) MuIiP4famTy reaWetce (no. of unite: - I f. ( ) Unimproved lot ;ja a ( )Coop 9• (X ) Commncb Inndustral _I C. (.) CandoitWdum ?L( ) Other (d cngbn: n " r µMla_nnvfcow ^,,C.: -- `° iM.foim Canesya ®nAmnn CAOS4are.If6Af?1f1, d. a cash D— Wrrant a Valui I Trafe (wA.&p dodnp aoea S • 220,000.r)Q b. Ip Dead of Tent at _% Intoner for _ year Amount s None ( ) Fixed pew ( ) law" pate 9 to answer to Ouastlon a a yea, is blooms pursuant lo: ( ) New Loan ( ) Assumed Existing Loan Bawnoe c ( ) Minaret rights, d.( ) Otrar- Explabu _ ( ) FHA ( ) Finance Company lt.•IS Ws property upended a your pdnc W reaidance: a ( ) YES Ix(X)N0 ( ) Cal-Vot ( ) Savings It Loan Y F Y ti M N N1 Y M nm'fy e., tIV„ `w a� pa- ( 1 VA •( ) Loan Carried by Seger Signed —ay / Date: ( ) Bank ( : A0 Indualve Addreas d other man :Dove Balloon Payment ( ) Yea ( ) NO S None c 2nd Dead of Truer at _ % Ird~ for _Yeah. Amount S None ( ) Fired pate ( ) Variable pre ( ) New Loan ( ) Assumed Exwdrg Lan Balance ( ) Loan Cal-ad by Seller ( ) Isticon Payment ( ) Yed ( ) No: S None d. Was other type of Mancbg btvohsd not owned In (b) or (c) ebm ? a ( ) YES tL ( X) NO Type — at_% interest for_yeaa Amours a None ( ) Fixed Rate ( ) Verabw paw ( ) New Loan ( ) Assumed Er4tMy loin Balarla 1 ) Loan Carried by Seger ( ) Baddon Payment ( J Yes ( ) No. S None a. Improvement Bond- IL ( 1 YES b. ( X) NO Outstanding Balance: Amount S None I TOW Purchase price or Atguteillon Pip, H Exchanged: S—ZISLK0.00 4. Was any poisoned popery utduded In the purchase other than a notice omo wblod to tocat &( ) YES b. (X I NO property I"? If yes, enter amount and attach itemized fur of personal property. a Amount S S. Transfer w by. L (X I Dead: b, l 1 Conlnd of Sine: c. ( ) Foreclosure: d. ( ) Olher- Explain; d. Wes omy a prdad Interest N ON property thViefe•red? &( ) YES b. (X) NO It "YES" Naica s the percentage tncsferred. C. 7'a. (X) Dats of Trander Data of Rec.tq"tlonb. ( ) If an inhedtence, Dew of DaN 8 Is Of wla. the pop" (be) produdrg income? a ( ) YES b. (X) NO 9 to answer to Ouastlon a a yea, is blooms pursuant lo: a 1 ) Lasso, b. ( ) Contract; c ( ) Minaret rights, d.( ) Otrar- Explabu _ 10 Did cite transferal this Property atvoh's Otu bade or exchange of other real property? a ( ) YES b. (X) NO lt.•IS Ws property upended a your pdnc W reaidance: a ( ) YES Ix(X)N0 H yes• enter date of occupant' or intended occupancy Y F Y ti M N N1 Y M nm'fy e., tIV„ `w a� pa- d cerey thaf fhe Avegonp U ow, correct and corrplYn to die best of my Mnrowwwredpe and bebef. CITY 17 RANCHO CUC MNGA, a Municipal corporation Signed —ay / Date: Ran w Addreas d other man :Dove phone No Where you are avagebie from 8.00 am. -5.00 p.m ( ) (NOTE.- The Assistant may coned you for fwUw Information.) 11 a document evidencing a charge of oanereNp is pessnted o the recorder for recordation wMOUI the concumm Ststg of a piebrom" Gunge of ownership report UN recorder may chrg, an oddhional recordbg fin of twcmy dollar (SM. The addiderW tin sha8 not be charged H Ne document Is accompanied by an affidavit that the tra ater e Is not a resident of CaOfomta. AFFADAVIT OF NO*RESIDENT TRANSFEREE The TM"fxee (Wyerl named above Is a fWdent of and not a resident of the Side of Ca?lornw. ISigned o -ewsh oawt Date: WAer dart `®- �r RECOMIODATION: It Is reccumnded that City Council adopt the attached resolution approving a Subordination Agreement submitted by David and Dense M. Miller and authorizing the Mayor and City Clerk to sign same and cause the agreement to record. Background /Analysts A Real Property Improvement Contract and Lien Agreement was Accepted by City Council and Recorded on February 8, 1984, as Documen 40. 84- 026936 in the Offical Records of San Bernardino County, State of ,.ulifornia, for construction of 1/2 the landscaped median island on Archibald Avenue and the landscaping of the existing island on Foothill Boulevard. In order to secure financing for his project, the lender requires that the Lien Agreement be subordinated to liens in favor of the lender. David and Denyse M. Miller have submitted the attached Subordination Agreement for City Council Approval. Respectfu submitted, % R1M: LB: jh Attachments s- 9'7 a M1 CITY OF RANCHO CUCAMONGA I`y. STAFF REPORT° `^ DATE: March 4, 1987 2 G> . TO: City Council and City Manager 197, y ; s FROM: Russell 4. Maguire, City EnSineer ' BY: Linda Beek, Engineering Technician , SUBJECT: Approval of a Subordination Agreement for Parcels 1, 2, 3 and 5 thru 10 of Parcel Map 6726, located on the northeast corner of Archibald Avenue and Foothill Boulevard, submitted by David and Denyse M. Miller. RECOMIODATION: It Is reccumnded that City Council adopt the attached resolution approving a Subordination Agreement submitted by David and Dense M. Miller and authorizing the Mayor and City Clerk to sign same and cause the agreement to record. Background /Analysts A Real Property Improvement Contract and Lien Agreement was Accepted by City Council and Recorded on February 8, 1984, as Documen 40. 84- 026936 in the Offical Records of San Bernardino County, State of ,.ulifornia, for construction of 1/2 the landscaped median island on Archibald Avenue and the landscaping of the existing island on Foothill Boulevard. In order to secure financing for his project, the lender requires that the Lien Agreement be subordinated to liens in favor of the lender. David and Denyse M. Miller have submitted the attached Subordination Agreement for City Council Approval. Respectfu submitted, % R1M: LB: jh Attachments s- 9'7 a M1 O S u r UUMILL POULEVARU �Y a V N- CITY OF rra L. RANCHO CUCAMONGA 7TfM PARCEL MAP 6726, Parcels 1, 4 �efrn/�}����� flReertvp�, 2, 3, and S thru 10.x_ W ny , SUBORDINATIai AGREEMENT NOTICE: THIS SUBORD14ATIGN AGREEMEAT RESULTS IN YOUR SECURITY INTEREST' IN THE PROPERTY BECOMING SUBJECT TO AND LOWER PRIORITY THAN 111E LIEN OF SOME OTHER OR LVER SECURITY 1NSTRUMEIT. THIS AGREEMENT, made this day of ,19 by David D. Miller and Denyse N. Miller, husband and wife j, owner of the land hereinafter described and hereinafter referred to as •Owner• and the City of Rancho Cucamonga hereinafter referred to as `City°, owner and holder of the certain Real Property and Lien Agreement hereinafter referred to as 'Lien Agreement•. WITNESSETN THAT V4EREAS, Real Property Improvement Contract and Lien Agreement dated November 17, 1983, covering: 1/2 the landscaped median island on Archibald Avenue and igndsdraging for the existing island on Foothill Boulevard to secure an Parcels 1A. 10 of Parcel Map 6726 as recorded in Parcel Map Book 82, Pages 5, 6 L 7 records of San Bernardino County, State of California which was ,ecorded February 8, 19 "4, as document 84- 026936 in the Official Records of San Bernardino County, State of California; and WHEREAS, owner has executed a deed of trust and note in the sum of $4,000,00 dated January 30, 1987 in favor of sun Life Assurance Co. of Canada hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and 1 .,t $9 r 2 WHEREAS, it is a condition precedent to making said loan that said deed of trust last above mentioned shall unconditonally be and remain at all times a + lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Lien Agreement; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior to superior to the lien or charge of the Lien Agreement and provided that City will specifically and unconditionally subordinate the lien or charge of the Lien Agreement to the Tien or charge of the deed of trust in favor of Lender; and WHEREAS, it is the mutual benefit of the parties hereto that Lender modify said loan to Amer; and City is willing that the deed of trust securing the same shall constitute a lien or charge upon said land which is unconditionally prior to superior to the lien or charge on the Lien Agreement. NOW, THEREFORE, in consideration of the mutual bcnefits accuring to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and to order to induce Lender to modify the loan above referred to, it is hereby declarp:, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described prior and superior to the lien or charge of the Lien Agreement. (2) That Lender would not make its loan above described without this subordination agreement. _ `. 96 2 (3) That this agreement shall be the whole and only agreement with regard to the subordnation of the lien or charge of the Lien Agreement to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and Lien Agreement any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the Lien Agreement which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. The City declares, agrees and acknowledges that: (a) He consents to and approves all provisions of the note and deed of trust in favor of Lender above referred to by that certain modification agreement by and between Owner and Lender, dated (o) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Lien Agreement in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and to consideration of this waiver, relinquishment and subcrdination specific loans and advances are being and will be made and as a part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and 9r KI 1 (c) An endorsement has been Placed upon the Lien Agreement that said Lien Agreement has by this .nstrument been subordinated to the lien or charge of the deed of trust to favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION IIHICH ALLOWS THE PERSON OBLIGATEO ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR PURPOSES OTHER THAN 1NPR�OVDUTT OF THE LAND. DATE 'Q`" d H2DENY H• ! 4I ER by David 0. H 2 Attomay *, In Ja PhD .(A(- f�4Y_!,'._/��� -!W /C�s- !"!" DATE — MAYOR ALL SIGNATURES MUST BE WTANNIZED �. 9a 4 CITY CLEW( i a Ahl i } STATE OF CALIFORNIA COUNTY OF LOS ANGELES 1 Ss. on signed • ■ Notary Pub�io before no under- appear DAVID D. MILLER, par•onall for raid state,• Personally ie rubsc — Ssl�etet7— ey4dyry wn to me {F e6_te_a�..e executed the same the within ins the Patron whore name trument and acknowledged that he WITNESS my hand and official seal. ►mac- c.uo,u,. tos,wr,,[tfsoouwn, Notary public W Lbnrn 4.+M1 4 two STATE OF CALIFORNIA COUNTY OF LOS ANGELrs) SS. on i9 7 +DP grid DAVIDtD Pub ° OL n and for said fore me the 1aLLER, Personally tate under - is auksacr Y known be to ae{NOi'� �O�a-irlon ibed DMYSE N. MiLyER° >N Within instrument to as p �t reon whore name nags of Denys N. Hiller Owledged Pto i that he pubs �dt e 1lttorney In fact. hereto a Pal and his o wn none as WITNESS my hand and official seal. e "I SMl7Y8 > - 9.3 Note r 1 RESOLUTION NO. S � 10 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. APPROVING A SUBORDINATION AGREEMENT FROM DAVID AND DEHYSE H. MILLER A40 AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME WHEREAS, a Real Property Improvement Contract and Lien Agreement for the installation of 1/2 the landscape median island on Archibald and the Council on Novemberxi16.ng1983anand recorded 1nulSanrdBernardinovCountY ion February 8, 1984, Instrument No. 84- 026936; and WHEREAS, for the developer to secure financing for the project, the lender requires that the above - mentioned lien be subordinate to the lien in favor of the lender; and WHEREAS, the developer has submitted a Subordinate Agreement to that effect for the City's approval and execution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Subordinate Agreement be and the same are hereby approved and the Mayor is hereby aut Subordination Agreement on behalf of the City oP Ranhorized to sign said cho Cucamonga, and the City Clerk attest thereto. 7 :j Cri . ti•Cy } V STAFF REPORT DATE: March 4, 1987 19,_ TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BT: Paul A. Rougeau, Traffic Engineer SUBJECT: Approval to purchase traffic signal control equipment from Traconex, Incorporated for the 1986 -87 signal construction previously approved at Base Line and Alta Cuesta, Base Line and Amethyst and at Archibald and Ninth Street, with equipment upgrades for coordination purposes on Base Line at Carnelian, Hellman and Archibald. Traconex was the lowest qualifying bidder at $38,268.00. Funds are from the 1986 -87 Systeas Development budget RECOMMENDATION: It is recommended that signal control equipment for the 1986 -87 Signal Program be purchased from Traconex, Inc. for $38,268.00 to be funded from System Development Funds. BACR6ROUD/ANALVSIS• The Capital Improvement Program for 1986 -87 includes construction of new traffic signals at Base Line and Alta Cuesta, Base Line and Amethyst and at Archibald and 9th. This work also includes coordination of the signals on Base Line between Alta Custa and Haven for which equipment must be upgraded at the intersections with Carnelian, Hellman and Archibald. Bids were received from four (4) signal control equipment manufacturers for seven (7) traffic signal controllers necessary for this work as follows: Multisonics, Inc. $37,710.00 Traconex, Inc. $38,268.00 Econolfte Cont. Prod. $43,38S.D0 Computer Service Co. $47,914.00 The low bidder, Multisonics, cannot comply with a portion of the specifications which staff considers essential to future maintenance, thus the second lowest bidder is recommended for acceptance. X uko Attachments (0 Y CITY OF RANCHO CUCANIONGA STAFF REPORT L( DATE: March 4, 1987 N T0: City Council and City Mai.ager t9" FROM: Russell H. Maguire, City Engineer BY: Blare M. Frandsen, Senior Civil Engineer SUBJECT: Award and execution of Professional Services Agreements with 1) Dor Associates d R Administration Servies or variousCapitalnImpoeient projects. The fee of $15,000.00 for each Agreement shall be paid from the various Capital Improvement Funds aPpropriated for each Capital Improvement Project AE ATILM: It is recommended to award and execute the Professional Services Agreements with Don Associates and Cap itals Improvementcprojectseonoa time and materials basis. Each Agreement shall provide for services not to exceed Funds appropriated forseach project. ided from the various Capital Improvement 8ACK8ROUID /AM&YSIS• It is desired to engage a Design Administrator to develop project design reports, environmental processing, Requests for Proposals and plan check various Capital Improvement Projects. for Under the direction of the City Engineer, four (4) engineering firms have been to iuy�ji Proposals and qualifications as described The two fins recommended meet the desired qualifications and abilities and possess the insurance coverage currently required to perform such services for the City and have been recommended to provide support services to the City for the completion of the noted projects which are budgeted and otherwise scheduled for the Fiscal Year M1986 -87. Res submitted, .tl RFW I�T10 Attachments r PROFESSIONAL SERVICES AGREEMENT of This Agreement is made and entered into this 19 , between the City of Rancho Cucamonga, Corporatton (hereinafter referred amonga, a Municipal (hereinafter referred to as - ,o' as 'CITY') and Horris- Repke, Inc. CONSULTANT ), 2. Recces_ (i) CITY has heretofore issued its Request for pertaining to the performance of Proposal 9 Project Design Administration for a �n'es with respect to the supplying of P on a time and material basis with a not to exceed fee mm of t`wo i2) Projects (11) CONSULT ('Project hereafter). ANT has now submitted its proposal performance of such services. for the (iii) 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 - epresents that )t is ?� services and fs willing to qualified to perform such defined. perform such Praffessfonal services as hereinafter NOW, THEREFORE, it is agreed by and follows; between CITY and CONSULTANT as '; a• �J_reement. .�. � Definitions- ` following - -� The following defimitfams shall e 9 terms, except where the context of PPIy to the 'T9 requires: thfs Agreement othtrxlse S I M�.. F 9, -I- z A (a) Project: Provide Design Administration services for two (2) Capital Improvement projects including preparation of scope of projects, prepare Requests for Proposals, assist in the award of design contracts, environmental processing, review of plans and specifications during design fr preparation and such services as described in Exhibit 'A' Scope of Services attached hereto including, but not limited to, the preparation of maps, `- surveys, reports, and documents, the presentation, both oral and in writing, of such plan•„ maps, surveys, reports and documents to CITY as required and attendance at any and tit work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. t (b) Services: Such professicnal services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project: The date of completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations i and attendance by CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit '0' Project Schedule attached hereto. 2 CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit 'A' and applicable with Federal. State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable .,.4 satisfaction of CITY. O iA`\��b •. `:'+':tai.. �� T °1 •1l .: , �.i (b) CONSULTANT shall supply copies of all maps, surveys, i v reports, plans and documents (hereinafter collectively referred to as "documents ") including all supplemental technical documents, as described in " Exhibit "A" to CITY within the time specified in Project Scheduled, Exhibit >• "8'. Copies of the documents shall be in such numbers as are required by t Exhibit 'A ". CiTY may thereafter review and forward to CONSULTANT comments k regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised ` documents in such fora and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section 82 (b) may bn 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 CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services ' required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $15,000.00 for the performance of the services required hereunder. This wm shall cover 5 the cost of all staff time and all other direct and inlirect costs or fees, rdance with the schedule set fo including the work of employees, consultants and subcontractors to ` CONSULTANT. Pgment to CONSULTANT, by CITY, shall be made in acco u` ? ra, In Exhibit W. a -3- 99 .,I .x ' 3 '=t s (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a 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 sin mounts for individual tasks. •In-" af" `` eea -�5a eF indWidna� task— tebels derae,ibed in Ex! lb! ts—zha (e) GGNSVciW - agrees -thaar FAY -Se. re,WAred --to pay- LerGON...... -arty- sum - in- eacess- of-- 45t-of:- M- m*lw►- payable• her p-sil• ' swppiewentai-- feslw�{ oaa-- deowentsr- as- Aeseri8ed-- here�e- acceptable- M- ferw••an6 presenta£ioe- F Mni! de (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit 'A' hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit "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 and assistance as set forth in Exhibit 'A' hereto !b) Photographically reproducible copies of maps and other ? infomation, if available, which CONSULTANT considers necessary in order to .�' complete the project. r (c) Such information as is generally available from CITY vg files applicable to the project. r:ry, = od y;�'a(.k• r..y _ -rte: P (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. however, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership 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 he delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and 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 cwncent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, 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 to said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compegsated at C. CONSULTANT's appricable hourly rates as set forth in Exhibit 'X', a ona pro- rata basis with respect to the percentage of the p ooJect completed as of the ?. date of termination. In no event, however, shall CONSULTANT receive more than 'r the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide tor, y4 CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designat:d Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons rimarily responsible for the performance by the parties under this Agreement: Russell H. Maguire, City w�v •r Engineer and Warren W. Repke, President for consultant. Any such notices, demands, invoices and written communications, by mail, sh•11 be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. a 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 commence 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 term of this Agreement the following policies of insurance: (a) Worker's Compensation Insurance: Before beginning work. CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it my employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. /oa " -6- J �- 111 1 r f-.. i r .Y P � °;ya J In accordance with the provisions of California Labor Code t Section 3700, every employer shall secure the payment of compensation to his employees. 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 the performance of the work o. this Agreement'. (b) Public Liability and Property Damage: Throughout the tern of this Agreement, st CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal Injury. death, or property damage arising from CONSULTANT's activities, t providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies r of insurance concerning errors and omissions ('malpractice') providing w protection of at least $250,000.00 for errors and omissions ( °malpractice') with respect to loss arising from actions of CONSULTANT performing engineering 5Z $ services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance• •' required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of w t t� L California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds 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 cancellbd or materially changed except after thirty (30) days' notice by the 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. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability fret 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 intentional or willful acts or emissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequ+ntial damages, to the maximum extent permitted by taw. 30. Assignment: No assignment of Ws Agreement or of any part or obligation of performance hereunder shall be made, either In whole or in part, by CONSULTANT without the prior written consent of CITY. 11. independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall nct be constru!d for any purpose to be employees of CiTY. to f< 'e I ��s Y 12. Gdverning Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Cdlifornia. r 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevdiling s party to said legal proceeding shall be entitled to recover attorneys' fees i. i� and costs from the opposing party in an amount determined by the Court to be i reasonable. P 14. Entire Agreement: This Agreement supersedes r,ry and all } other agreements, either oral or to writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by ary party which is not embodied herein nor any other {� agreement, statement, or promise not contained in this Agreement shall be , valid and binding. Any modification of this Agreement shall be effective only if it is In writing signed by all parties. IN WITNESS VAEREtf, the parties hereto have executed this Agreement as of the day and yeor first set forth above: NORR //IS- REPKE, INC. !G LZltl/C l �i /tGf✓iLf CITY % RANCHO CUUMNGA enn s u , or ATTEST: every A. AuthereT7TTV7T-erF- 1&5,19- oate: 23--5-7 pate , S Approved as to form: e, city A.toT rney — r �C c + s. Exhibit 'A' SCOPE OF SERVICES: In general, we understand the scope of the services required will include some or all of the following: 1. Review ;roject objectives and requirements. Collect necessary data. 2. Develop a project scooe for use in preparing the Initial environmental assessment and the appropriate request for proposal documents. This could include the preparation of simp', strip maps to indicate project parameters and scope. 3. Prepare the initial environmental assessment using City standard forms and procedures and assist in processing. 4 Develop appropriate RFP process, prepare the required RFP's and monitor the RFP process. 5 Peview proposals, recommend award and prepare appropriate letters, 2mos and contracts. 6 Aminister the professional service contracts. Including interfacing wt V- the consultants on scope, criteria, scheduling, fee payment etc. 8. Review service contract products (reports, plans, etc.,) and recommend' apluroval. 8 Prepare prVacts isr emEfuction bid advertising, monitor bid process, review com-tr ^ion tftm and recommend co ^tract award This would include prciAa w.. of vmriams staff iettar*, memos and /or i report. PRIXIM MANADEMENT- K Norris- Repke, Inc. proposes. that:: Mmn±n f. Repke act as Project Administrator. Marren s resam is attachd. t As Assistant City EVneer for the City air Orange anu Senfor Eeginaer for the City of Costa Mesa, Warren performed the same outdes that will be required to '. bring the four projects to a. successful coneluslam. As a Consulting Engtmrer he has acted as Project Manager on many similar type projects. a i It is our understanding nhat Blane Frandsen wilt act as Project Manager for S the City and provide tae general direction required. Technical support will be provided by Norris- Repke, Inc. staff. Some minor G City staff involvement may due required. Hmuever, it is understood this is to _ be cast to a Minimum. f /0%; PROJECT SCHEDULE: i We have reviewed the preliminary project requirements and developed a rough schedule (attached) far cmpletium of the required tasks Based on this analysis it appears the services of the project administrator may be required + longer than six months to see the projects through to construction or design completion. Of course, the schedule presented is very preliminary at this point and subject to variations for a number of reasons. We propose to review the schedule with the City as a first order of work and revise as necessary. PROPOSED FEES: - We understand the City has estimated a cost of $15,000 to obtain the services s required. Based on our schedule of hourly rates (copy attached) and the scope a, of services as outlined in this proposal we believe the fee amount estimated is reasonable. However, due to the fact that the required services may vary considtrebly or eApand as needed for expeditious completion of the projects we propose on an hourly the r.•te basisdpee services, attached Prate t chedule. City Project Norris- Repko, Inc. carries general liability coverage to $1,000,000 and professional liability coverage to $250,600. Additional coverage required would be an added cost to the project. 107 j..1 r, .�F yam ...lv r PROJECT SCHEDULE: i We have reviewed the preliminary project requirements and developed a rough schedule (attached) far cmpletium of the required tasks Based on this analysis it appears the services of the project administrator may be required + longer than six months to see the projects through to construction or design completion. Of course, the schedule presented is very preliminary at this point and subject to variations for a number of reasons. We propose to review the schedule with the City as a first order of work and revise as necessary. PROPOSED FEES: - We understand the City has estimated a cost of $15,000 to obtain the services s required. Based on our schedule of hourly rates (copy attached) and the scope a, of services as outlined in this proposal we believe the fee amount estimated is reasonable. However, due to the fact that the required services may vary considtrebly or eApand as needed for expeditious completion of the projects we propose on an hourly the r.•te basisdpee services, attached Prate t chedule. City Project Norris- Repko, Inc. carries general liability coverage to $1,000,000 and professional liability coverage to $250,600. Additional coverage required would be an added cost to the project. 107 j..1 r, .�F yam ...lv T; = 11 t3 �7 IV w Zo au O 0 w ------------------------ yl - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - E a a - - - -- - - - - - - - - - /,0& o � , c w > w TO QZT) " w ml Z m �Qlm .V oc u 0 � w c r CL 0 lax tiDx* 0 x 4 lox. lox+ —Ox + av SCHEDULE OF STANDARD HOURLY RATES ' Project Manager /Registered Engineer . . . .4.00 Licensed Land Surveyor. . . . . . . . 60 00 Sr. Designer. . . . . . . . . . . . . . 53.00 Designer . . . . . . . . . . . . . . 44.00 Sr. Drafter . . . . . . . . . . . . . . 40.00 Jr. Designer. . . . . . . . . . 38.00 Drafter /Technician. . . . . . . . . 34.00 Jr. Drafter / TechniLian. . . . . . . . . 28.00 Clerical . . . . . . . . . . . . . . . . 25 00 Survey Crew (3 -man) . . . . . . . . . . . . . . 144.00 (2 -man) . . . . . . . . . . . . . . 114 00 (1 -man) . . . . . . . . . . . . . 80.00 Expert Testimony . . . . . . . . . . . . . 125.00 Tha above fees will be escalated 6% on each August 1 beginning August 1, 1987, for any work uncompleted at that time for reasons beyond Engineer's control. Outside agency fees and reproductions are not included in above fees and will he billed at cost plus 10% . �r. /0 9 is y _A_•,F _ti �i�f M 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 Don Greek d Associates (hereinafter referred to as 'CONSULTANT'). 2. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the supplying of Project Design Administration for a minimum of two (2) projects on a time and material basis with a not to exceed fee ('Project' hereafter). (1') CONSULTANT has now submitted its proposal for the performance of such services. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning 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 hereinafter defined NON, THEREFORE, It is agreed by and between CITY and CONSULTANT as F n follows: B. Agreement. 1 Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwi.,o rr( f; requires: •�Jy �:xti�t1 _I F n S (a) Project: Provide Design Administration services for two (2) Capital Improvement projects including preparation of scope of projects, prepare Requests for Proposals, assist to the award of design contracts, enviromental processing, review of plans and specifications during design % preparation and such services as described in Exhibit 'A" Scope of Services v attached hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, i 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 condu :ted by CITY with respect to the project as outlined in the Scope of Services. i. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project: The date of completion of all •', phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, a- etings, oral presentations and attendance by CONSULTANT at public hearings regarding the project > acceptance for construction is set forth in Exhibit 'D' Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit 'A' and applicable with Federal. State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable ?s f, satisfaction of CITY. .2. W CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as 'documents ") including all supplemental technical documents, as described in Exhibit "A" to CITY within the time specified in Project Scheduled, Exhibit '8' Copies of the documents shall be in such numbers as are required by Exhibit "A ". 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 necessary. CITY shall receive revised documents in such fora and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon a written approval of CITY. (c) C04SVLTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as my, 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 CONSULTANT. CONSULTANT hereby warrants that such persons still be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of 25,000.00 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 5 to CONSULTANT, by CITY, shall be made in accordance with the schedule set y forth in Exhibit W. //I- - 3- r _t rs ° i - i - (b) Payments to CONSULTANT shall be made,by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid Within a reasonable time after sat: 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 deg �egwtaed-to-PaY- -to-����ess -o1' g6L- of- Lhe- wx#r�e-Dayabie' 'J"plemen6aa —tec ptabla -ia form gad peasantatian of final- docwants -aa6 ac <eK+nee c^rcor-vy `^-• -T (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included 'n the Scope of Services as set forth in Exhibit 'A' hereof, shall be paid or a reimbursement basis in accordance with the fee schedule set forth in Exhibit 'C'. Charges for additional services shall be invoiced on a manthly 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 and assistance as set forth in Exhibit 'A' hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT consider; necessary in order to ;" complete the project. r (c) Such information ae is generally available from CITY du fills applicable to the project. P • _4_ (d) .Assistance, If necessary, in obtaining Information from other governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. .. S. Ownership 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 CITY by CONSULTMT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or arty alteration or revision of the plans or specifications by the CiTY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY T agrees to cold harmless and indemnify the CONSULTANT against all damages, claims and losses tnclujing 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 agre"ent 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 1s so tereivted, CONSULTANT shall compensated at COaSULTANT's applicable hourly rates as set forth to Exhib t P% on a pro- rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall COXWLIMT receive more than ,? :r �s t the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photcjraphs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named y individuals, furthermore, shall be those persons primarily responsible for the a performance by the parties under this Agreement: Blanc W. Frandsen. Senior Civil En�lineer for the City and Mr. Gerald Linguist. Project Engineer /Manager for the Consultant. Any such notices, demands, invoices and written communications, by mail, shall be deemed tc, have been received by the , addressee forty -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 t company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work an a subcontract until all insurance required ` of the subcontractor has been obtained. CONSULTANT shall take out and mrainta'n at all times during the term of this Agreement the following policies of insurance: (a) Worker's Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation 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. i s' .7_ In accordance with the provisions of California Labor Code Section 3700, eve. employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I ao 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 Cade, and I will comply with such provisions before commencing the performance of the work of this Agreement". ' (b) Public Liability and Property Damage: 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 CONSULTANT, comprehensive, broad form, general public 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 ($1,000,000 00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. (c) Errors 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 protection of at least $250,000.00 for errors and omissions ( "malpractice ") with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. +. p: (d) General Insurance Requirements: All insurance .• ;i" '4A�, required by express provision of this Agreement shall be carried only in ?=,` �N responsible insurance companies licensed to do business in the State of �rt."t .7_ California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds 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 the 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. 9 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 intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. r 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 written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be t° Yc employees of CITY. i/ 7 -8- r u�. t i s r 12, Soverning Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13 Attorney's fees: In the event any legal proceeding is instituted to enforce any tens or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14. Entire Agreement: Tnis Agreement supersedes any and ail other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: GR EK AS$QCIA CIT OF RANCHO CUCAMONGA Dennis L. 55—ut-TRY—or ATTEST: every A. Autheiet, city FlerK ■ Date: 2'23 `O Date: Approved as to fora: City orney EXHIBIT 'A' Don Greek ` .ind fassooiotes CONSULTING CIVIL ENGINEERS ENVIRONNIEWAL ENGINEERS ?' SURVEYORS Y February 17, 1987 S Mr. Russell Maguire City Engineer City of Rancho Cucamonga P 0. Box 807 Rancho Cucamonga, California 91730 Subject: Proposal to Furnish Consulting Engineering Services to Perform Independent Professional Public Works Services for the City of Rancho Cucamonga. Dear Mr. Maguire: Submitted herewith is our proposal to furnish professional consulting services to perform independent professional public works services for the City of Rancho Cucamonga. Ve offer experience and commitment to your reouireeents and needs of the projects. The primary emphasis of our efforts will to to assist You to carpleting assignments on time, accurately and within budget Don Greek and Associates is currently providing consulting services to the Cities of South Gate and Pico Rivera. where we have consistently demonstrated our ability to provide the resources essential to assisting the Cities to whatever capacity we are assigned. The specific tasks to be performed for Rancho Cucamonga shall include, but not be limited to, the following items which are reouired fror conception of a Project to corpletion of design: (A) When requested, determine the scope of work and prepare Reouest for > Proposals for Capitai Iaproverent Projects. (8) Review proposals received from consultants and recommend the top two or three consulting fires to be further considered. (C) Assist the City Engineer in awarding of contracts to consulting firms. (0) Receive plans for proposed improvement projects from engineers and consultants. 3424 N, aMNa AVIc- • SUITS L . SANTA ANA. aA92101 . /71413420990 i H s Zit of Rancho Cucamon a ` February 17, 1987 9 Page Two (E) Review plans for conformance to acceptable engineering standards, plan preparation, maintenance requirements and budget considerations. (If applicable) /a (F) Review estimated construction quantities and construction cost estimates. (G) Perform field review of preliminary and final plans. (H) Provide a plan correction list to engineers and consultants and rethed plans after corrections have been made. Mr. Gerald Lindquist will be the designated project engineer /manager for this assignment. M,. Lindquist, R.C.E. 18752, brings many years of experience in the public works field. He has been responsible as an administrator, manager and as a former City Engineer for the Cities of Los Alamitos and Villa Park. Currently he is assisting the City of South Gate in a similar capacity. He will be supported by our office and field personnel who are particularly well - Qualified to perform the required services. It is proposed that services be performed in accordance with Don Greek and Associates' effective hourly rate schedule (copy attached), with not -to- exceed amounts established proportional to the scope of work requested. The selection of Don Greek and Associates for this assignment will bring to the City a team of civil engineers, project managers, cost estimators, computer technicians, surveyors and field observers, all with a solid base of - Experience. We appreciate the opportunity to present this proposal and look forward to working with you on this assignment. Very truly yours, N GR K AND ASSOCIATES 6(?ttt'tj� o n R. Cuervo tner 9, JRC /seg .V 021387PR6.P RC r /a EXHIBIT 'B' i • A project schedule for the assigned projects shall be developed by the Consultant as the Ist order of operation following the development of the scope of working and shall become the governing schedule with regards to this Agreement. i' a ,x ial a 1 EXHIBIT "Co �YI ti, Don Greek and igssociates CONSULTING CIVIL ENGINEERS ENVIRONMENTAL ENGINEERS SURVEYORS AUGUST, 1986 STANDARD SCHEDULE OF HOURLY RATES CLASSIFICATION HOURLY RATES PRINCIPAL CIVIL ENGINEER S 90.00 PER HR. PROJECT MANAGER 80.00 PER HR. SENIOR PROJECT ENGINEER 70.00 PER HR. LAND SURVEYOR 70.00 PER HR. ` PROJECT ENGINEER ' 60.00 PER HR. SENIOR ENGINEER 60 00 PER HR. DESIGN ENGINEER ° 55.00 PER HR. SENIOR DESIGNER 55.00 PER HR. ASSOCIATE ENGINEER 50.00 PER HR. + ASSOCIATE DESIGNER 50.00 PER HR, ?= ASSISTANT ENGINEER 45.00 PER MR ASSISTANT DESIGNER 45.00 PER HR. , DRAFTSMAN 40.00 PER HR. JUNIOR DRAFTSMAN 25.00 PER HR. CLERICAL i 25.00 PER HR. 3- PERSON SURVEY CREW 175.00 PER HR. 2- PERSON SURVEY CREW 130.00 PER HR. INSPECTOR SUPERVISOR 60.00 PER HR. 1; SURVEY SUPERVISOR 60.00 PER HR. INSPECTION 50.00 PER HR. j OUT -OF- POCKET EXPENSES (BLUEPRINTS, REPRODUCTIONS, PRINTING) WILL BE BILLED AT COST PLUS 15 %. A 15% FEE FOR ADMINISTRATION, COORDINATION, AND HANDLING WILL BE ADDED TO 4, SUBCONTRACTED SERVICES SUCH AS FOUNDATION REPORTS AND SPECIALIST SERVICES. = MILEAGE WILL BE BILLED AT 50.40 PER MILE. - ALL OF THE ABOVE RATES INCLUDE THE USE OF °• ADDITIONAL CHARGE. DESKTOP PERSONAL COMPUTERS AT NO 061086P4.RRLY 86 2425 N. GRAND AVE.. • SUITE SANTA ANA. CAO2701 (71416430000 -A .t RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO CUCAMONGA TO AWARD AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH 1) DOW GREEK 8 ASSOCIATES AND 21 NORRIS- REPKE, INC. TO PERFORM DESIGN ADMINISTRATION SERVICES FOR VARIOUS CAPITAL INPROYEMENT PROJECTS ON A TIME AND MATERIALS OASIS Y EREAS, the City Council for the City of Rancho Cucamonga desires to engage a Project Administrator to perform Design Administration for various Capital Improvement Projects on a time and materials basis. WHEREAS, two (2) engineering consulting firms, Don Greek d Associates and Norris- Repke, Incorporated, specializing in municipal engineering and surveying with staff experience in the administration of engineer design contracts have, in response to a request for proposal, indicated desire to perform such services for the City for a fee. NOW, TH@REFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga to award and execute Professional Services Agreements with Don Greek d Associates and with Norris- Repke, Inc. for the purpose of providing Design Administration Services for various Capital Improvement Projects for a time and materials fee not to exceed $1S,0DO.00 for each Consultant. ) ii .r • ,Yip /c3 .i.f h CITY OF RANCHO CUCAMONGA C uuq STAFF REPORT ���' xt DATE: March 4, 1987 O5' 19� I TO: City Council and City Manager FROM: Russell li. Maguire, City Engineer BY: Blane W. Frandsx . Senior Civil Engineer SUBJECT: Acceptance, Award and Executinn of Professional Services Agreement for the preparation of plans, specifications and estimates, and right -of -wary engineering to Don Greek and Associates for the Rehabilitation and Widening of Arrow Route from Archibald Avenue to Turner Avenue for a fee of $30,986.00 plus a 10% contingency to be administered by staff. The project is to be funded from the Systems Development Fund. Also, staff requests approval to prepare written notice to those residents living along the subject reach of Arrow Route of intent to acquire right -of -way for the purpose of widening the street RECOMMENDATION: It 1s hereby recommended that the City Council accept, award and .execute a Professional Services Agredment for the preparation of plans, specifications and estimates and right•of -way engineering for the Phase I Rehabilitation and Phase It Widening of Arrow Route from Archibald Avenue to Turner Avenue for a fee of $30,986.00 plus a 10% contingency amount to be administered by staff to provide for extra work or change orders during the course of the project. The project is lncladed in the 1986 -87 Capital Improvement Budget to be funded from the System Development Fund. It is also recommended to direct staff to prepare written notice to those residents living along the subject reach of Arran Route of intent to acquire right -of -way for the purposes of widening of the street. As part of the 1986 -87 Capital Improvement Program, monies were budgeted to perform designs for rehabilitating the existing travel lanes of Arrow Routs from Archibald to Turner Avenues and to prepare designs and right -of -way engineering for the ultimate widening of this street. The 2nd phase widenings are to follow as funds become available to complete the improvements and to acquire such rights -of -way as required. /0� a u 1 CITY COUNCIL STAFF REPORT RE: ARROW ROUTE IiPROVE14ENTS March 4, 1987 Page 2 In response to a request for proposal dated January 22, 1987, three firms have sent responding letters and fee proposals to the City including: Summary Fee Proposal Don Greek 8 Associates $30,986.00 A.S.L. Consulting Engineers $54,C15.00 A.S.I. Consultants, Inc. $57,834.00 It is to be noted that the engagement of a right -of -way appraiser and the ordering of title reports for those properties where right -of -way will be acquired for the ultimate widening of Arrow are additional cost items to be made by the City cutslde of this Agreement. Once right -of -way and environmental considerations are fully defined, a public hearing must be held to assess the i"ct ova the proposed project. Such workings are to be anticipated during the course of the right -of -way and design preparations. Retpekjl bmttted, IthM:B ko Attachments /as �F - Z`r •yam ;i .r' G:r. jFyt 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 D•,n Greek d Associates Consulting Civil Engineers, Envirorreental Engineers and Surveyors (hereinafter referred to as "CONSULTANT"). 2. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the Ierformance of professional services with respect to the preparation of plans, specifications and estimates and right -of -way engineering for the Rehabilitation d Widening of Arrow Route from Archibald to Turner Avenues ( "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 ^t Commission, City Council and staff in the preparation of Project. z: (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter 4. defined. NOW. THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the e 4 following terms, except where the context of this Agreement otherwise r requires: /J 6 -1- t (a) Project.- The preparation of field and right -of -way surveys, right -of -way plots and descriptions, plans, specifications and estimates and soils and pavement analysis for the Rehabilitation b Widening of Arrow Route from Archibald to Turner Avenues as described in Exhibit 'A" Scope of Services attached hereto including, but not limited to, 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 v 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) Completicn of Project: The date of completion of all phases of the project, including any and all procedures, development plans, ~ maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exh,.,it "A" Project Schedule attached hereto. 2. CONSULTANT agrees as (allows: (a) CONSULTANT shall forthwith undertake and complete the project in accordanre with Exhibit "A" and applicable with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. k (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as._ �� "documents ") including all stppleaental technical documents, ss described in _ Ae r" , -3- S Exhibit 'A" to CITY within the time specified in Project Scheduled, Exhibit "A'. Copies of the documents sha' be in such numbers as are required by Exhibit "A ". CITY may thereafter review and forward to CONSULTANT comments ragaroing said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY snail receive -evised documents in such form and in the quantities deter -.lned 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 We cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to cce)ly with the terms of this Agreewnt. In the event any such other persons are retair ' ry CONSULTANT, CONSULTANT hereby warrants that such persons shall be fa.,y qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: • (a) To pay CONSULTANT a maximum sum of $30,986.00_ for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all otner 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 w!th the schedule set forth to E IMI; "8'. (b) Payment% to CONSULTANT shall be We by CITY in r accordance with the invoices submitted by CONSULTANT, on a monthly basis, and 4` such invoices shall be paid within a reasonable time after said invoices are q= received by CITY. All charges shall be detailed to Exhibit "A" either wife: T' -3- S Wk +'� • t'i 19.•I�,. i, lA �l'.'. -��Jl' ire :� :i:,N:..2�".Cf":`�{"+.• _ * \'ti.�.i' -t .nis`e'i'. respect to hourly rates or lump suet amounts for individual tasks. In no event, however, wilt said invoices exceed 95% of individual task totals described in Exhibits 'B'. 8t (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 �•- h hereunder prior to receipt by CITY of all final documents, together with all i, supplemental technical documents, as described herein acceptable in fora and ?, c content to CITY. Final payment shall be made not later than 60 days after 1 p presentation of final documents and acceptance thereof by CITY G (d) Additional services: Payments for additional services v r requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit 'A' hereof, shall be paid on a reimbursement basis in • a accordance with the fee schedule set forth in Exhibit 'C'. Charges for additional services shall be invoiced on a monthly basis and shall be paid by t C CITY within a reasonable time after said invoices are received by CITY. c 4 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit W hereto. t i� ( (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the protect. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information )� t from other governmental agencies and /or private parties. However, it shall be t K; CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. S. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the proF:rty of CITY and, upon payment for services performed by CONSULTANT, such documents and 1 other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may. however, make and retain such copies of said documents and ' materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole 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 nother site by the CITY , its staff or or revision, or use or reuse at a authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written 'Notice of Termiration" to CONSULTANT at least fifteen l (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 'B', on a pro- f}, rata basis with respect to the percentage of the project completed as of the ;ii date of termination. In no event, however, shall CONSULTANT receive more than `" a the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to a..., /3 L ■ CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written caamunlcations between the parties J K hereto shall be addressed as set forth in this paragraph 7. The below named s individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Mr, Slane W. Frandsen, Senior Civil Engineer, City of Rancho Cucamonga and Mr. Jerry Lindquist. Partner, Don Greek b Associates. Any such notices, demands, invoices and written coamunications, by mail, shall be deemed to have been received by the addressee forty -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 corence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and e ti maintain at all times during the terra of this Agreement t.- following policies e. >- of insurance: (a) Worker's Compensaton Insurance: Before beginning work. CONSULTA.': shall furnish to CITY a certificate of insurance as praof that it has taxen out full workers' compensaton Insurance for all persons who it may employ directly or through subcontractors in carrying out the work 'le specified herein, in accordance with the laws of the State of California.' -6- / 3/ r.J:" "� r In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. 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 0e 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 cawencing the performance of the work of this Agreement ". (b) Public Liability and Property Damage: Throughout the tern of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, ' providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage, (c) Errors 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 protection of at least $250,000.00 for errors and omissions (" malpractice") e with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. Y.� ' (d) General Insurance Requirements: All insurance v Y_ required by express provision of this Agreement shall be carried only in ru -7- /3a I c• responsible insurance companies licensed to do business in the State of California and policies required under paragraphs B.(a) and (b) shall name as additional insureds 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 e thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT r, shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencin the insurance. CONSULTANT 9 may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from ail liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and a attorneys' fees, in any manner arising out of any negligent or intentional or w willful acts or omissions of the CONSULTANT in the performance of this a Agreement, including, but not limited to, all consequential damages, to the b 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 written consent of CITY. �- 11. Independent Contractor: The parties hereto agree that oy CONSULTANT and its employers, officers and agents are independent contractors y tiyC k.e -8- under this Agreement and shall not be construed for any purpose to be employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's y'5; In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party In said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14. Entire Aoreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties 1Ath respect a. to the subject matter hereto. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only If It is In writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Date: Z. iy 1 OF RANCHO CUCMNGA eons u , yor Date: ATTEST: every , u e , er Approved as to farm: ---- Y orTf�CfE Rey , EXHIBIT 'A• PROPOSAL TO PROVIDE PROFESSIOAAL CONSULTING SERVICES FOR THE REHABILITATION AND WIDENING OF ARROW ROUTE FROM ARCHIBA. TO TURNER AVENUES THE PROJECT The City of Rancho Cucamonga is requesting the Consultant to furnish professional services to perform preliminary engineering, surveying design and preparation of plans and specifications for the rehabilitation and widening of Arrow Route from Archibald to Turner Avenues. (26601 LF) PHASES OF IMPROVEMENTS Phase 1 includes the general restoration or removal and replacement of the existing travel lane pavements. Curbs and gutters installation on the north side of the street are also to be considered with curb cuts on existing, as well as proposed driveways. Phase It involves the widening of the reamining unimproved south half of the street. Five (5) major properties with existing structures that encroach into the ultimate right -of -way will have to be appraised and acquired. Missing street improvements on the south side and north side of the street, including curbs and gutters, sidewalks and street lights are to be considered. PROTECT PROFILE Arrow Route runs east and west parallel with Foothill Boulevard. Existing improvements within this reach of the project are of irregular widths with only the north half of the street being used for traffic purposes. From Sta. 6 ♦ 80 to 13 t 20, the south half of the street is lower than the north half being constructed with a center median divider. Grade differences at Sta. 13 30 and right -of -way obstructions at APR 209- G41 -17 make this section of the street unusable. Along the south side of the street, three (3) houses, one (1) warehouse and one (1) store must be relocated or removed to provide for the ultimate alignment of curbs and gutters, sidewalks, and utility lines to match with existing improvements to the east and west. Transitioning of curb lines to join the variable street widths need be considered in completion of the design due to the varying street widths exhibited by existing improvements. s v PROJECT APPROACH Don Greek d Associates' approach to this design project Is based on the concept that project tasks must be carefully designed to properly fulfill a client's needs, they must be organized to take maximum advantage of existing data and Information, and they must be properly managed and coordinated to Provide an efficient and a timely completion of the project. Don Greek d Associates provides a staff processing the re lsfte depth and breadth of experience and abilities to accomplish the prolTect in the best interests of the City. This staff 1s supplemented by computer programs which can be applied to roadway design and analysis. CiTY OF RANCHO CUCAMONGA RESPONSIBILITIES The im Rancho Cucamonga thel & l erequireaents forth Projeetincludt g thty s special requirements for the General Provisions of the Construction Contract Documents and will from time to time furnish such additional information as may be necessary for the orderly prosecution of the work. The City shall designate a representative authorized to act in its behalf for the project. The City of Rancho Cucamonga representative shall examine documents submitted by Don Greek A Associates and shall render decisions pertaining tant's work. thereto promptly, to avoid the Consul unreasonable delay in the progress of If the City's representative observes or otherwise becomes award of arty fault or defect to the Project or noncomformance with the Contr:rt Documents, he shall give praapt written notice thereof to Don Greek 8 Associates. The City shall furnish Information required of it as expeditiously as necessary for the orderly progress of the work. SCOPE OF CONSULTANT SERVICES 1. Survey services to establish: a. centerline control and stationing b, topography between the ultimate right -of -way limits c. cross sections B SDt maximum intervals and as needed d. mapping pavement failures to identify removals 2, utility research and coordination including i f a, research and obtain file copy of utility maps within the project I1mf is /3� J, a J� f t 3 4. S. 6 b. platting of such facilities to plan view on the construction drawings. c preparing and transmitting plans with utility notices (blank notice forms to be provided by City) to all utilities. d. monitoring response to such notices, making recommendations for the mitigating of utility conflicts and relocation procedures. e. attending coordination meetings, if required, regarding adjustments and relocations. Prepare and maintain design files for transmittal to the City at the completion of the project workings (file listings attached). Prepare Complete Construction Plans: in accordance with City Standard Brawings including: a. Plans: 1) topography from right -of -way to right -of -way 2) tract and lot lines with numberings 3) utility location plottings 4) construction limits and instructions 5) center survey control b. Profiles of existing and proposed centerline and tops of curbs or existing grade. c. Cross section plotting$ showing existing and proposed improvements and driveway transitions. d. Title sheet showing: 1) title 2) vicinity and location mappings and plan sheet indexing 3) utility and drawing legends 4) bench mark and basis of bearings 5) construction quantities 6) standard signature and title blocks Prepare detailed construction quantity and engineer's cost estivate. Prepare complete contract specifications using 'boiler plate' specifications provided by City including: a. Boiler Plate by City 1) notice inviting bids 2) instruction to bidders 3) contract proposal (be engineer) 4) bidders information 5) agreement 6) bonds and insurance forms 7) general conditions b Special provisions by engineer. c Standard plan reference listing and copies for inclusion in appendix (by engineer). 13/7 • '3 L� i 4� i "r c` r- 7. Engineering evaluation and design for pavement replacement and resurfacing ncluding soils report and /or pavement analysis). 9 Attending coordination meetings with staff for design review and project coordination. 9. Attend pre- construction conference and provide design coordination during construction. 10. Provide right -of -way engineering including: a. property line surveys b. prepare right -of -way plats for the dedication of missing right - of -way C. appraisals and title reports shall be provided by City. 11. Prepare Striping Plan per City standards. SCHEDULE OF WORK 'he engineering work described in Scope of Contract Services will be completed wt thin 90 calendar days following the City's written notice to proceed. This estimate does not allow for extended review by the City of other agencies. Revised plans will be presented within 10 working days. 021187/PR6 /PR -RA. CUC 139 4 ,•r,y .x i i V n. Don Greek and - Rssoaiates E70i181T "8• CONSULTING CIVIL ENGINEERS ENVIRONMENTAL ENGINEERS SUP /EYORS February lt, 1987 Fr. Russell H. Haguire City Engineer City of Rancho Cucaconga P 0 Box 807 Rancho Cucamonga, California 917:0 Sutiect Arrow Route Rehabilitation and Widening- -Cost Proposal. Ce_, VT. Vagulr.: The cccpensaticns listed are based on the tasks descr'ted in the Sccee of Consultant Services of this Proposal. The tasks have teen grouped to conform to the Reouest for Frcposal. Eased on the scope of eork descrited in our proposal, G6r tee for completing this project would to Thirty Thousand Nine Hundre: Eighty Six Dollars iS:G,965.CG1. This figure is flexible to allow for charces in scope of Bork only Lpcn agreecent of Loth parties. We find this type r' agreement to to cost "p'or,riate and eouitatte for bath parties. /39 74r8 N. GRANDAM. • SU(TCL • SANTA ANA. CA 22701 • 171AI 543-09Io r City of Rancho Cucamonga February 12, 1 ?87 1' Page Two J 1 Survey services to establish: a centerline ccntrol and stationing t. topography between the ultimate right -of -way limits c. cross secticns 5 60 + maxiar,m intervals and as needed d. capping of - ave•rent failures to identify removals S 6,660.0 2. Utility research and coordination including: a. research arc cttain file copy of utility maps within the K M •J" project limits. i L. plotting of such facilities to plan view on the construction drawings. 41 C. preparing and transmitting plans with utility notices .'j (blank notice forms to be provided by City) to all utilities d monitoring respcnse to such notices, making reccorendaticns fcr the mitigating of utility conflicts and relocation procedures a attending ccord'raticn reetings, if reouired, regarding adjustments and relocations. S 2 go.eo S Prepare and maintain design files for transmittal to the 1. City at the ccmpteticr of the project workings (file !) listings attached). Included s ' 4 Prepare Cccplete Construction Plans: in accordance rith 1 city Standard Drawings including: a. Plan--: ' 11 tcccgraphy f-:m right -of -way to right -of -way 2) r ght -of -way limit j 2) tract and lot lines with nuaterings 4) util ty location plottings " 51 construction limits and instructions 6) centarline survey control .� t. Profiles of existing and proposed centerline and tcos ". 17 of curbs or existing grade. tiN c. Cross section plottings showing existing and proposed icprove.ents and driveway transitions. h /r � i�t� i t RESOLUTION N0, A RESOLUTION OF THE CITY COUNCIL OF THE CiTY or RANCHO CUr,A,yONGA TO ACCEPT, AWARD AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MR GREEK 8 ASSOCIATES FOR THE " PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES AND RIGHT -OF -WAY ENGINEERING FOR THE REHABILITATION AND WIDENING OF APRON ROUTE FROM ARCHIBALD TO TURNER AVENUES AND TO DIRECT CITY STAFF TO PREPARE NOTICE TO RESIDENTS OF THE INTENT TO ACQUIRE RIGHT- Oc.WAY WHEREAS, the City Council for the City of Rancho Cucamonga, (hereinafter 'City') desires to have prepared plans, specifications and estimates and rtght- of-way engineering for the purpose of rehabilitation and widening Arrow Route from Archibald to Turner Avenues; and WHEREAS, the fin of Don Greek and Associates Consulting Civil Engineers, Environmental Engineers and Surveyors (hereinafter 'Consultants•) having been found, by the City through the proposal process, to be qualified and desirous to perform such workings for a fee, BE IT HEREBY RESOLVED by the City to accept the proposal to provide profe Rehabilitation and consulting services for Rehabilitati and Widening of Arrow Route from Archibald to Turner Avenuas from said Consultant for a fee of Thirty Thousand Nine Hundred Eighty -Six Dollars ($30,986.00) to be paid from Systems Development Funds as previously appropriated for such workings in the 1986 -87 City budget for Capital Improvements. BE IT ALSO to residents along the R subject , reach oftArrowf Routercof therintentotoccoamence surveys for the proposed streets wtdentngs and of the intent to acquiro such right -of -way as required to provide for the full and ultimate widening of the street. K` /q1 c 's s C Y 8 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1987 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Slane N. Frandsen, Senior Civil Engineer SUBJECT: Approval of Contract Change Order No. 2 to the Professional Services Agreement for extra service in the design of minor erainage improvements, structural calculations and additional detail preparation by Linville Civil Engineers, Land Surveyors, Inc. for Archibald Avenue Realignment and Improvement between 19th Street to Highland Avenue in the amount of $2,240.00 and brings the contract total to $15,911.00 to be funded by IDA Article 8 58325 RECOMM01DATION: It is recommended to approve and execute Contract Change Order No. 2 to the Professional Services Agreement for the preparation of plans, specifications and estimates for Archibald Avenue Realignment and Improvement between 19th Street and Highland Avenue. The Change Order is to provide extra service in the design of minor drainage improvements, structural calculations and 4dditional detail preparation for intersection improvements and amounts to $2,240.00 which brings the contract total with previous Change Orders to fifteen thousand nine hundred eleven dollars ($15,914.00) being funded by IDA Article 8 S8 325 funds. 5ACRatOUNO /ANALYSIS• Plan circulation to the Street Maintenance Division has prompted the desire to V add catch basins along the north side of Jadeite and Highland to eliminate street drainage which has traditionally over flown Highland from Jadeite a running into the properties along the south side of the street. This gives umbrella protection to the new im;rovements being built with this project by the City. The retaining wall calculations come from meetings with property owners on the southwest corner of Archibald and Highland Avenues requesting combination reta4ning wall and garden wall along back side of the new sidewalk to screen the ex- 'It ing house from the close proximity of the widened street. A CITY COUNCIL STAFF REPORT S3 RE: LINVILLE CHANGE ORDER NO. 2 y March 1, 1987 n Page 2 The third item has come from CalTrans. In submitting plans to Cal Trans for a s, permit to cross the Foothill Freeway Corridor, a blow up detail of the 19th e Street intersection, as well as a profile calculation to remove the dip from the north side of the intersection has been found necessary. Al 4' The Change Order covers the cos" for these three (3) additional items of work. Res 1 ,submitted, dP to Attachments 2P y, i. f A 1 ti ` LINVI U- CiWEngineers/LandSuroeyora,r„c. RECEIVED- February 12, 1987 �,� sr IarC,9 @C +v[tia ,Mi�t:fitG 7tnptN City of Rancho Cucamonga " Engineering Dept. P.O. Box 807 C Rancho Cucamonga, CA 91730 7 Attn: Slane Frandsen Re: Revised Additional York - Archibald Ave. Project i Dear Slane. Per your request, I have enclosed a concept drawing of the additional storm drain installation to Jadette Street. The following is our revised services and fees, per our discussion: Services Est. Fee Add Storm Drain Plan to the Improvement Plans. (per attached drawing in concept) $710. Structural Calculations for Retaining Wall on south side Highland west of Archibald 200. Additional field topo and extend Archibald project south to intersection to eliminate the dip 880. Estimated Total: $1790. r Fee Based on our current hourly fees, our "not to exceed" for the above services is $2,240. Yours truly, Kenne� LL t leT , P.E. KML:c1 File: $109186 Acct. 4 SM Reaallae Road. SuMe 190, Raaebo Cueam am CoUtera491M @ 714.99444 ' i . DJ'�J o n a 1 vC "� r C I VI M \fit Wk N� h� / � v h �y d'J�Li67� ° u r i o I I 0 I�,y?,.� J �� F� �.L �i y CITY OF RAMUNI LIICAIOMGA ENGINEERING SERVICES CONTRACT CHANGE ORDER UKRAM "K Order o.: Professional Services to Prepare Plans, Specifications d Estirates for the Improvement and Realignment of Archibald Avenue between 19th Street b Highland Avenue 2/15/87 a -D—fe: TO: Linville. Civil Engineers b Land Surveyors, Inc. ne n9 er You are hereby requested to comply with the following changes from the agreement for engineering services. in Contract Price In Contract Price Add storm drain plan to the improvement plans. Provide structural calculations for retaining wall. Add field topo at 19th Street intersection to eliminate dip (see attached letter) NOT TO EXCEED TOTAL $2,240.00 1b9e 20MIDL' Storm drain addition requested by street maintenance section of Public Works. Wall calculations due to right -of -way negotiation. Intersection details per CalTrans permit requirements. The amount of the Contract will be (pllfiA$JA) (Increased) by the sum of: Two Thousand Two Hundred Forty and 00 1100 Dollars (S 2.240.00 The Contract Total including this and previous Change Orders will be: Fifteen Thousand Nine Hundred Eleven and 00 /100 Dollars (S $15, The Contract period provided fcr completion vili be (Increased)(Y091,11IEA) MONAAIlA 30 Days This document will bec a supplerxnt to the Contract and all provisions will apply hereto. Requested: �/ • ��'�'� 7jO � S ; mussel gule, ;;I iryt:ngT r Dato Accepted: )_ .. 'J1 tim z -x.947 n—` ` Date Approved: yor, City 51 KAnCft0 wamonga Date - Jun 18, 1986 N CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1987 TO: City Council and City Manager PROM: Robert A. Rizzo, Assistant City Manager BY: Jerry B. Pulwood, Assessment Revenue Coordinator SUBJECT: Approval of Acquisition Agreements for Proposed Assessment DSStrSet 88 -2 with Glenfed Development Corporation Grupe Development Corporation, and Diversified /Lvnnehaven Joint Venture In the Respective Estimated Amounts of 3144,377, $135,851 and 3239 840 Contingent Upon City Council's Approval of Proposed Assessment District 86 -2. RECOMMENDATION: It is recommended that City Council adopt the attached resolution approving the Acquisition Agreements which are contingent upon the City Council's approval of the formation of the proposed Assessment District 86 -2. BACEGROUND: On January 21, 1987, staff presented to City Council a status report on the proposed Assessment District 86 -2, City Council set the public hearing for March 4, 1987 and adopted all resolutions except the resolution Authorizing Execution of Agreements for Capital Improvement Acquisition. This was based upon the staff request because the agreements were unavailable at that time. The agreements have been received by staff, and Assessment Counsel has advised staff that this resolution should be adopted prior to the public hearing. However, its execution will be contingent upon City Council approving the formation of the proposed assessment district. l77 .y % ARALYSIS: The proposed Assessment Drainage District is a combination , acquisition and construction district. Glenfed, Grupe and Diversified /Lynnehaven have constructed major portions of i; the drainage pipes which the district will acquire. If City Council approves the formation of this proposed assessment dlotrict, the acquisition agreements will be executed, other -wise they will automatically be cancelled. Copies of the Acquisition Agreements and Resolution are attached for your review. Respectfully Submitted, A. RA Robert A. Rizzo Assistant City Nana r RAR:JBF:kmm Attachments M < MEN., lq ii..l a7 jY:.�nr .]� :q rffi,i�t .• - L$_^•• ^t. u RESOLUTION NO. 7-05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY, CALIFORNLA, APPROVING AND AUTHOR- IZING EXECUTION Or ACQUISITION AGAEEKENTS (ASCL55}QMMI' DISTRICT NO. 86 -2) WHEREAS, the City Council of the City of Rancho Cucamonga (the "City ") is considering the formation of an ascesament district, pursuant to the "Municipal Improvement Act of 1913 ", being Division 12 (commencing with Section 10000) of the Streets and Highways Code, for certain public work and improvements and acquisitions, if necessary, generally described as follows: The construction and acquisition of drainage improvements including appurtenances and appurtenant work, acquisition of interests in real property, if necessary, and incidental expenses in connection therewith (the "Improvements"); WHEREAS, the City Council has received a Petition signed by owners of assessable property within the Assessment District requesting construction and /or financing and acquisition of Improvements and waiving proceedings and limitations under Division 6 of the Streets and Highways Coder WHEREAS, the City Council has received and reviewed several agreements entitled "Agreement for Acquisition" for a portion of the Improvements, pursuant to Section 66462 of the Government Code: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby RESOLVE, DECLARE AND ORDER as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The city Council hereby approves and authorizes execution of the agreements specified as follows: (a) Agreement for Acquisition, Assessment District No. 86 -2 (Agreement No. 1) between the City of Rancho Cucamonga and Glenfed Development Corporation. (b) Agreement for Acquisition, Assessment District No. 86 -2 (Agreement No. 2) between the City of Rancho Cucamonga and Grupe Development Company. /�f 9 2. (c) agreement for acquisition, Assessment District No. 06 -2 (Agreement No. 7) between the city of Rancho Cucamonga -r and Lynnebaven Joint Venture and Diversified Properties Company III. SECTION a. The City Council hereby finds and determines that the remaining Improvements shall be constructed by the City from proceeds from the sale of bonds and proceeds received during the s cash collection period. SECTION 1. The foregoing agreements shall be filed with the * "_ transcript of these proceedings slid shall be open to public inspection. j, SECTIONs. This resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this _— day of , 1987. AYES: HOES: ABSENT: Dennis L. Stout, Mayor ATTEST: Beverly A. Authelat, City Clerk I' BEVERLY AUTHELET, CITY CLERK of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the _ day of , 1987. Executed this _ B:y of 1987, at Rancho Cucamonga, California. Mil Beverly A. Authelet, City Clerk 2. i M 1' s EE� c� 3+ AGALDmiT FOR ACGDISITION ASSESSMENT DISTRICT NO. 86 -2 (AGREEMENT N0. 1) THIS AGREEMENT is mrde and entered into this _ day of , 1987, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (the "City ") and GLIUNFED DEVEL40PM M CORP., a California Corporation, (the "Daveloper ")s SEQITAL@ ` WHEREAS, the City is considering the formation of an assessment district, pursuant to the "Municipal Improvement Act of 1919 ", being Division 12 of the streets and Highways cods, for the Improvements and described as follormt The construction and acquisition of drainage improvements including appurtenances and appurtenant work, acquisition, if necessary, and incidental expenses in connection tharcwith (the "Improvements "). For further particulars, reference in made to the Exhibits attached beretoM WHEREAS, the lands to be specially assessed for the 'y Improvements shall be included within an assessment district Y' designated as ASSESSMENT DISTRICT NO. 86 -1 For further particulars, reference is mad* to a boundary map on file with the City) a 151 is R WHEREAS, Section 66 462 of the Government Code expressly authorizes financing and completion of public improvements Y under any appropriate special assessment act; WHEREAS, the Developer, in order to proceed in a 'melt' way with its development, desires to construct a portion of the Improvements; WHEREAS, the City has no objection to acquiring the Improvements constructed by the Developer and cho Devoloper is desirous that the City acquire the Improvements; and WHEREAS, it is the intent of this agreement to provide that Developer shall, upon a successful con!irmation of ' assessment and sale of Bonds for the Assessment District, be ?` paid for the Improvements constructod by the Developer and all incidental Expenses incurred by the Developer which are ;3 integral to the Assessment District, at the prices to be determined as provided hsrein: S2311NAKTA ROW, THERElORS, for and in consideration of the premises a and the covenants and conditions hereinafter contained, the k e parties agree an follows: Section 1. Recitals. That the above recitals are all true and correct. +' Section 2. Definitions. The following terms will have the ntanings indicated below urlea■ the context clearly requires otherwise: (a) ■Agreement■ means this Agreement for Acquisition and Financing. 2 ■ (b) "Assessment Dist:i:te means proposed Assessment ' District No. 96 -1. (c) • Assessment Prooweings■ means these proceedings for formation of the Assessment District, under the Nunicipal Improvement Act of 1913, being Division 12 d " of the Streets and Highways, Coda. (d) •Bonds• means improvement bonds representing unpaid assessments in the Assessment District, issued and sold under the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code. (a) •City wears the City of Rancho Cucamonga, a municipal corporation. (f) •Developer• means Glenfed Development Corp. + (g) •Improvements• means the public improvements to be constructed by the Developer which will benefit the lands to be developed by the Developer withia the Assessment District together with appurtenances and appurtenant work and acquisition if necessary. ' (h) •incidental upenseme means the cost of engineering and all other incidental costs and expanses authorised for agrssmants of this type under the Nunicipal Improvement Act of 1913. w (i) *Proceeds* means the monies received from the sale of Bonds and monies received during the cash collection period. G• 3 µ s:y.L`! ^.'�^... _r •i5 '1 ,y5,'Z ''1. ':; `qYr 15-3 Section 3. Exhibits. The following exhibits are attached to this agreement and made a part hersofs (a) Escbibit "A" -- A narrative description of the Improvements to be constructed and work to be performed by the Developer in tie Assessment District. (b) mxhibit "E" -- An estimate of the quantities and costs of the Improvements to be constructed, work to be performed and Incidental Expenses to be incurred by the Developer in the Assessment District. Section 4. No Financial Oblication of City. The City has no financial obligation to construct the Improvements and all expense for the acquisition of the Improvements, including S all Incidental Expenses, shall be borne by owners of property .. within the Assessment District. Section S. Intention to Form Assessment District. The City intends to proceed with adoption of a Resolution of Intention and formation of the Assessment District for the acquisition of the Improvements and payment of Incidental Expenses as described on the Exhibit "A" and Exhibit =E ". Section 6. Records. The Developer agrees to keep records for all contracts for construction of the Improvements and for all Incidental Expenses incurred. The City shall have the right to inspect such records at any reasonable time. Section 7. rnspe Lion. The City shall have the right to >Yn inspect construction of all Improvrments at all times. 4 a Section •. C',ste of Tmorovasants and Inoidental Expenses to be Paid to Devalooar. The City hereby spproves the coat estimates contained on Exhibit "D ". The cost to be paid by the City for the Improvements and Inaidemtal Expenses are the actual costs incurred by Developer for such Improvements and Inoidental Expanses or those costs that the city determines in good faith to be the reasonable costs of the Improvements and Inaidenta.: Expensest provided; (e) That the costs of the Improvements expressed as a cost per unit shall not be greater than cost per unit confirmed by the City in the Assessment ProesedinCe for the remaining Improvements constructed by the City; and (b) That the costs of the Improvements expressed as a cost per unit shall not be less than the actual costs incurred by Developer basad upon appropriate invoices or other written proof of payment of such coste. notwithstanding the foregoing, in no event shall the unit costs described in Subsection (b) exceed the unit costs deacribed in Subsection (a). Section 9. SDreed of Assessment. The costs of the tmprovements and Incidental Expenses paid by the City shall be spread by the Assessment Engineer in accordance with the �} benefits received by the lands within the Assss.ment District Section 10. conveyance of IsorovnEnts to City. upon S:p completion of the Improvements and payment therefor by thf. 5 , City, the Developer shall convey the Improvements to the city. The City shall have the right to use the Improvements as it determines necessary for the benefit of lands within the Assessment District. c Section 11. Distribution of Proceeds. upon the sale of , Bonds, the city shall distribute the Proceeds as follows: (a) To the Developer for acquisition of the Improvements constructed by the Developer in the amounts provided under Section to (b) To the Developer for reimbursement of Incidental rmpsnses incurred by Developer in the amounts provided under Section Si (o) To any co '.- Ratants retained by City for fees and costs in tie amounts confirmed by City in the Assessment Proceedingst and (d) To the City for reimbursement of any costs and expenses incurred and for aay other purposes confirmed by City in the Assessment Proceedings. The distribution of the Proceeds to the Developer shall be based upon written instructions of the Assesseant anginser. Section 12. confirmation and Sale of Bonds. This Agreement ohall be contingent upon confirmation of the assessment and •accses:ul sale and delivery of Bonds. Section 13. Termination of Agreement. If the bonds are not sold within a five (S) year period, this Agrssmant shall be null and void. h 9 , furthermore, the City may, at its option, at any time terminate this agreement if any legal challenge is filed relating to the validity of the Assessment proceedings or enforceability of this Agreement. section 14. Tndamnification. Developer agrees to indemnify, hold harmless, release and defend the City, its Hoard of Directors and each member thereof, and its officers, employees and representatives, from any and all liability, loss, suite, claims, damages, costs, and expanses (including attorney's fees and costs of litigation) wb4rh directly or indirectly result from, or arise out oft (a) any activity, use or performance under this Agresz.ntl (b) any acts, errors or omissions (including, without limitation, professional negligence) of Developer, its employees, subcontractors, or agents in connection with the performance of this Agreementl or (c) any challenge to the Assessment proceedings. This release and agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage sustained by any person or persons (including, but not limited to, companies or corporations, Developer and its employees of agents, and members of the general public) from any cause whatsoever, including, but not limited to, any act, error, or omission oft (c) the city, and its officers, employees or agents, or (b) the Developer and its .; Jy officers, employed or agents. ,may 7 /5 % _,, . T' Section 16. Successors and Assigns. This Agreement shall be binding upon heirs, assigns and successors -in- interest of the parties. Section 16. Bola ,r..rreemant. This Agreement, by its S• execution, amends and supersedes any terms and conditions that f may be inconsistent in any previous agreement, including any Y subdivision improvement agreement, relating to the ,'._ construction, installation or financing of the Improvements. EXECUTED by and between the parties hereto on the day and year first above written. CITY OF RANCHO CUCAMONGA BY: \ Mayor ATTEST: City Clark ■, GLCNPED DEVELOPMENT CORP. Bye Title:_ a /SFi I r, T � CERTIFY CATION OF ENGINEER OF WORK The undersigned hereby certifies: I. That I u a principal of the firm of Dwight F. French, Inc.; that Dwight F. French, Inc. has been duly appointed as _ the Engineer of Work for Assessment District No. 86 -2 of the city of Rancho Cucamonga; and that I an familiar With the facts herein certified and I an authorized and qualified to certify the same. 2. That the narrative description of Improvements set forth on Exhibit "A" of this Agreement is an accurate description of the general nature, location and extent of the Improvements to be constructed by the Developer. 3. That the quantities and costs of Improvements sat forth on Exhibit "E" of this Agreement are a reasonable estimate of the Improvements to be constructed by the Developer in light of the cost of construction existing in this general location at this tLu. DATED: , 1957. DWIGHT F. FRENCH, INC. By: Dwight F. French 9 15-9 EXHIBIT A DESCRIPTION OF VAPROVFMPMS (ASSUWEN: DISTRICT K 2i Glendfed Development Corporation shall construct all Improvements relative 10 Master plan Storm Drain 4N within Tract 11606 from Station 24 ♦ 30 to Station 36 a 29.37 as shown on the plans entitled "City of Rancho Cucamonga Master Plan Storm Drain Line 4N, Drawing Number 993D and all Improvements relative to Master Plan Storm Drain 4P within Tract .� 12932 from station 0 a 09.46 to station 14 ♦ 23 as shown on the plans entitled "City of Random Cuc . ba Muter Plan Storm Drain 4p, Drawing Number 1070". The improvements Include, but ..,a not limited to reinforced concrete pipe, outlet structure, manholes, excavation, baddlll, protection of existing utilities, and removal of obstructions. e a r< .� e Y i Y EXHIBIT 6 ESTIMATE OF QUANTITIES AND COSTS OF IMPROVEMENTS (ASSESSMENT DISTRICT N X 36-2) GLENFED DEVELOPMENT CORPORATION C nstructln of Muter Plan Stone DrNn 4N Crean Station 24 r 30 to Satlon 36 ♦ 3.33 and Mason Plan State Drain 411 horn Station 0 a 09.46 to Station 14 a 23 MASTER PLAN STORM DRAIN 4N Item Quantity Description Unit Price Amount 1 420 L.F. 37" R„ C.P. 1400-D $ 134.00 $ 36, 280.00 2 749 L.F. 51- R.C.P. 130" 114.00 93,272.00 3 4 L.F. 33" R.C.P. 1300 -D $4.00 336.00 4 a LF. 30" R.C.P. 1730 -0 74.00 392.00 s 3 12 LF. la" R.C.P. 2000 -0 30.00 600.00 6 2 EA. "A "MH310 4,830.00 9,700.00 7 2 EA. "B" MH 311 7,000.00 14,000.00 a 1 EA. Concrete Collar 1,200.00 1,200.00 ll 2 EA. Protect Water Line 1,000.00 2,000.03 12 1 EA. Protect Power Pole 2,000.00 2,000.00 13 L.S. Remove AC Paving and Screen Wall 2,300.00 2,300.00 14 L.S. Construct Temporary 3' Earth Berm 300.00 300.00 13 Solis Engineering k Staking 6,300.00 6,300.00 16 City Permit 7,616.00 7,616.00 17 r Civil Engineer (Lange) 9,000.00 9,000.00 t; is Construction Sr. Supervisor/ -, =, Construction Superintendent 4.000.00 Total Construction Estimate ' r Storm Drain 4N ri' ds PC 4 4. �j. MASTER PLAN STORM DRAIN 4p- Item Quantity Description Unit Price Amount 1 314 L.F. 60• RCP 1330 $ 128.00 $ 63,792.00 2 374 L. F. 57" RCP 1350 123.00 111,372,00 +` 3 3 L. F. 27" RCP 60.00 480.00 C t , 4 28 L. F. 13" RCP 60.00 1,680.00 5 2 EA. B. 3S 3,730.00 7,300.00 6 1 EA. -c- 3S Corp. Engr. 11,322.00 11,822.00 q 7 4 EA. Manhole "A* 3,130.00 12,600.00 E 1300 tons Sand 7.30 11,230.00 9 LS City Permit 3,983.00 8,985.00 !0 LS Soils Engineering & Staking 6,300.00 6,300.00 �. U LS SuPervislon 4,000.00 4.000.00 ' Total Construction Estimate Storm Drain 9P 242 981.00 ds PC 4 4. AGREEMENT FOR ACQUISITION ASSESSMENT DISTRICT NO. 86 -3 (&QRELNBNT N0. Z) THIS AGREEMENT is made and entered into this _ day of , 1987, by and between the CITY or RANCHO CUCAMONGA, a municipal corporation (the "city") and GRUPE DEVELOPMENT COMPANY, A California corporation (the "Developer"): SISIIALI WHEREAS, the City is considering the formation of an assessmant district, pursuant to the "Municipal Improvement Act of 1917 ", being Division 13 of the Streets and Highways Code, for the Improvements and described as follows: The construction and acquisition of drainage improvements including appurtenances and appurtenant work, acquisition, if necessary, and incidental expenses in connection therewith (the "Improvements "). For further particulars, reference is made to the Exhibits attached hereto; WHEREAS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 86 -1 For further particulars, reference. is made to a boundary map on file with the city; Ap 3 Y WHEREAS, rection 66462 Of the Government Code expressly authorizes financing and completion of public improvements under any appropriate special amessamant acts WHEREAS, the Developer, in order to proceed in a timely way with its development, desires to construct a portion of the ImprovementsA WHE"1zS, the City has no objaction to acquiring the Improvements constructed by the Developer and the Developer is desirous that the City acquire the ImprovemantsA and WHEREAS, it is the intent of this agreement to provide that Developer shall, upon a successful confirmation of assessment and sale of bonds for the Assessment District, be paid for the Improvements constructed by the Developer and all Incidental Expenses incurred by the Developer which are integral to the Assessment District, at the prices to be determined as provided herein: SOYINAUTA L NOW, PTIMREFORE, for and in consideration of the promises and the covenants and conditions hereinafter contained, the parties agree as follows: Section 1. Recitals. That the above recitals are all true and correct. Section 2. Definitions. The following tares will have ; the meanings indicated below unless the context clearly r. r;. requires otherwise: xv (a) "Agreeasnt" means this Agreement for Acquisition and va _ry Financing. 2/� �Y ' (b) - T,ssesoent District■ means proposed Assessment District No. 86 -1. (o) - ]ssesement Proceedings• meant those proceedings for formation of the Assessment District, under the Municipal naprovemant act of 1913, being Division 17 of the Struts and Highways, Code. (d) - Bonds- means improvement bonds representing unpaid z assessments in the Assessment District, issued and sold under the Improvement Bond act of 1915, being Division So of the Streets and Highways Code. (e) -City- means the City of Rancho Cucamonga, a w3nicipal Corporation. ' (f) - Developer- means Grupe Development Company. ti V. ��' (g) ■Iaprovemente- means the public isproveaunts to be constructed by the Developer which will bonsfit the Y �• lands to bo developed by the Dev•loper within the Assessment District together with appurtenances and appurtenant work and acquisition if neC)nsary. •= (h) olnoidental 4-ipenses- means the cost of ens .nearing and all other incidental costs and expentes authorised for agreements of this type under the Municipal Improvnxent act of 1913. i sProoeeds- (i) means the monies received from the sale 4'i of Bonds and monies received during the cash collection period. & My I 4 rM Y v e. <=3r 0 0 Section I. Xyhlb,Lu. The following exhibits are attached to this Agreement and made a part hereof: (a) Rffiibit eA" - -- A narrative description of the Improvements to be constructed and work to be performed by the Developer in the Assessment District. (b) Exhibit ■De -- An estimate of the quantities and costs of the Improvements to be constructed, work to be performed and Incidental Expenses to be incurred by the Developer in the Assessment District. Section 4. No Financial obligation of City. The City has no financial obligation to construct the Improvements and all expanse for the acquisition of the Improvements, including all Incidental Expense, shall be borne by owners of property within the Assessment District. section 5, Intention to tore issessmont niatrict. The City intends to proceed with adoption of a Resolution of Intention and formation of the Assessment District for the acquisition of the Improvements and payment of Incidental Expenses as described on the Exhibit eAs and Exhibit "r ■. Section 6. Rte. The Developer agrees to keep records for all contracts for construction of the Improvements and for all Incidental Expenses incurred. The City shall have the right to inspect such records at any reaserable time. ssation 7. Tnopectlon. The city shall have the right to inspect construction of all Inprovamants at all times. 4 /// t' Section e. Cost/ of improvements and Incidental Expenses to be paid to Developer. The City hereby approves the cost z estimates contained on Exhibit an". The cost to be paid by the City for the Improvements and Incidental Expenses are the actual costs incurred by Developer for such Improvemants and Incidental Experies or those costs that the City determines in good faith to be the reasnnable costs of the Improvements and Incidental Expensest provided: (a) That the costs of the Improvemants expressed as a cost per unit shall not be greater than cost par unit confirmed by the City in the Assessment Proceedings for the remaining Improvements constructed by the Cityt and i (b) That the costs oL the Improvements expressed as a cost per unit shall not be lees than the actual costs incurred by Developer based upon appropriate invoices or other written proof of payment of such costs. Notwithstanding the foregoing, in no event shall the unit costs described in Subsection (b) exceed the unit costs described in Subsection (a). Section 9. Spread of Assesement. The costs of the Improvements and Incidental Expenses paid by the City shall be spread by the Assessment Engineer in accordance with the benefits received by the lands within tl�s Assessment District. Section 10. Conveyance of 2mprovoments to City. Upon completion of the Improvements and payment therefor by the S s } e L "• 1$ City, the Developer shall convey the Improvements to the City. The City shall have the right to use the Improvements as it determines necessary for the benefit of lands within the Assessment Distract. Section 11. Distribution of Proceeds. Upon the sale of Ronda, the City shall distribute the Proceeds as follows: (a) To the Developer for acquisition of the Improvements con+tructed by the Developer in the amounts provided under Section St (b) To the Developer for reimbursamant of Incidental Expenses incurred by Developer in the amounts provided under Section at (c) To any consultants retained by City for fees and y coats in the amounts confirmed by City in the Assessment Procaedingst and (d) To the City for reimbursement of any costs and expenses incurred and for any other furposss confirmed by city in the Assessment Paoeeedings. The distribution of the Proceeds to the Developer shall be based upon written instructions of the Assessment Engineer. Section 12. confirmation and Sale of Bonds. This Agreement shall be contingent upon confirmation of the assessment and successful sale and delivery of Eonds. Section 17. Termination of Agreement. If the bonds are not sold within a five (5) year period, this Agroament shall be ;. null and void. 1`. 4 /Y rurthermore, the City say, at it* option, at any time r terminate this ] agreement if any legal challenge is filed relating to the validity of the Assessment proceedings or enforceability of this Agreement. Section 11. Indemnification. Developer agrees to indemnify, hold harmless, release and defend the City, its .'; Board of Directors and each member thereof, and its officers, r employees and representatives, from any and all liability, loss, suits, claims, damages, coste, and expenses (including attornsyOs fees and costs of litigation) which directly or indirectly result from, or arise out oft (a) any activity, use or performance under this Aagreementl (b) any acts, errors or omissiona (including, without limitation, professional ,• negligence) of Developer, its employees, subcontractors, or s. agents in connection vith the performance of this Agreemantl or (c) any challenge to the Asseecment proceedings. This release and agreement to indemnify includes, but is G ' not limited to, personal injury (including death at any time) i and property or other damage sustained by any person or persons (including, but not limited to, companies or corporations, Developer and its employees of agents, and mashers of the a general public) from any cause whatsoaver, including, but not y.: limited to, any act, error, or omission oft (a) the city, and its officers, employees or agents, or (b) the Developer and its officers, employees or agents. 7 A / to Section 15. jueusurs and Asians. This Agreement 1`t shall be binding upon heirs, assigns and successors -in- interest a of the parties. R Section 16. Sole aarsamant. This Agreement, by its execution, amends and supersedes any terms and conditions that may to inconsistent in any previous agreement, including any s- %ubdivision improvement agreement, relating to the construction, installation or financing of the Improvements. =CUTYD by and between the parties hereto on the day and year first above written. CITY OF RANCH(: CUCAMONGA By - tt Mayor S ATTLSTt d i l )t 1 City Clerk GRUPS DEVELOPMENT COKVANY Byt fif VY 'r niX t- . y h 1 P. The undersigned hereby cartifiess 1. That I as a principal of the Lira of Dwight F. French, Ino.) that Dwight !. French, Inc. has bean duly appointed as 4 the Engineer of Work for Assessment District No. 86 -2 of the 7, city of Rancho cueasongat and that I am familiar with the facts i herein certified and I am authorised and qualified to cortify the same. iC 2. Tkat the narrative description of Improvements set '. forth on Exhibit "A" of this Agreement is an accurate description of the general nature, location and extant of the Improvements to be constructed by the Developer. 9. That the quantities and costs of improvements eat forth on Exhibit "8" of this Agreement are a reasonable estimate of the Improvements to be constructed by the Developer in light of the cost of construction existing in this general location at this tine. t DATED: , 1987- i. P. lRENCNr INC. sys Dwight F. French ay F� r 1 EXHMrr A DESCRIPTION OF IMPROVEMENTS ; (ASSESSMENT DISTRICT 8" a " Grupe Development Company shall construct all Improvements relative to Matter Plan Storm Drain 4N within Tract 11606 -3 and a portion of those Improvements relative to Master Plan Storm xain 4N within Tract 11606 -I as shown on the plans entitled "City of Rancho sc CucamonS. Master Plan Storm Drain Line 4N, Drawing No. 9930" and "City of Rancho Cucamonga Master Plan Storm Drain W. Drawing No. 841, sheet S of 6." The Improvements Include, but are not limited tq reinforced concrete pipe, manholes, excavation, baddW, protection of existing utilities and removal of obstructions. i dt PC 3 . r - :pr d, 1 5 t ExHiBrT B E"TIMATE OF OUANIITMS AND COSTS OF IMPROVEMENTS (A33a?SSMEMr DISTRICT 36-2) r GRUPE DEVELOpVXW COMPANY % C«woructiae el M+nar plan Storm Drain 4N Iota Station 16 + 00 to Station 24 +30 'N � 60" DIA RCP OUANTrTy UNR UNR' COST ATL 17" DIA RCP 261 LF 123/LF 32,623 Maldioie A LF 134/LF 76,64E Concrete Collar 3 3, 350/EA 10,050 City Permit 1 EA 600/EA 600 SoUa Fsglneering @ StaWn3 LS LS 5'422 ",422 Sopervwon LS LS 6,M0 6 .300 is Ls 4,000 _ 4 00 TOTAL 5133.334.00 di PC 3 ;.c i1 AAP.EDO/NKT FOR ACQUISITION ASSESSMENT DISTRICT NO. 86 -2 (1 RLUM NO. 7) THIS AGREEMENT is made and entered into this _. day of , 19s6, by and between the CITY OF RANCHO CUCAMONGA, a Municipal co— +oration (tho "City) and LYNNERAVEN JOINT VENTURE and DIVERSIFIED PROPERTIES COMPANY III (the "Developer"): B A S I I A I A WHEREAS, the city is considering the formation of an _ assessment district, pursuant to the "Municipal Improvement Act of 19179, bein7 Division 12 of the Streets and Highways Codn, for the Improvements end described as follows The construction and acquisition of drainage improvements including appurtenances and app rtanant work, acquisition, if necessary, and expenses penses in connection therewith (the "Improvements %). For further particulars, refer.:nce is made to the Exhibits attached hereto? R NNEREA.7, the lands to be specially assaased for the Improvements shall be included within an assosrment disrrict desi7nated as ASSESSMENT DISTRICT NO. 96 -1 For further particulars, referanco Is made to a boundary map on file with the City; 1211 .z RNZRZAi, /action GG462 of the Government Code expressly authorises financing and completion of public imyroveneats ' under any appropriate special assessment act: C iiHMMAJ, the Developer, in order to proceed in a timely way with its development, desires to construct a portion of the Improvements: it:QJtL113, the City has no objection to acquiring the Improvements constructed by the Developer and the Developer is deslrous that the City acquire the Improvements: and WHEREAS, it is the intent of this agreement to provide that Developer shall, upon a successful confirmation of assessment and sale of Bonds for the Assessment District, be paid for the Improvements constructed by the Developer and all Incidental Expanses inourrod by the Developer which are integral to the Asse2smant District, at the prices to be determined as provided herein: sss>sunnx� NON, THIREFORE, for and in consideration of the premises 't and the covenants and conditions hereinafter contained, the parties agrae as followst Secticn 1. Recitals. That the above recitals are all true and correct. Section 2. Dafinit!M. The following terms will have ?: the meanings indicated below unless tho context clearly 1" requires otherwise: 113 (a) al:gremeant• moans this Agreement for Acquisition and Financing. lb i 2 175 (b) sAssesament Dimt%lct- means proposed Assessment District No. 86 -1. (c) •Assessamt Procoadings- moans thcas proceedings for formation of the Assessment District, under the Xwiicipal Improvament Act of 1913, being Division 12 of the Streets and Highways, code. (d) •Sands■ means icprovesent bonds representing unpaid assesesonts in the Assessment District, issued and s !d under the Improvement Bond Act of 1915, being Division to of the Streets and Highways Code. (e) •City means the city of Rancho Cucamonga, a municipal corporation. (f) - Developers moans Lynnehaven Joint Ventura and Diversified Properties Company III. (g) OnWrovemantss moans the public improvements to be conatrcated by the Developer which will benefit the lands to be developed by the Developer within the Assessment Distrtot togstLer with appurtenances and appurtenant work and acquisition if noosssary. (h) - Incidental =xpensasc means the cost of engineering and all other incidental costs and expanses authorised for agreements of this type under the municipal Improvement Act of 1913. (i) - proceeds- means tts monies received from the sale of Bonds and monies received during the cash collection period. W1 :p C Section 7. Exhibits. The following extibits are attached to this agreement and made a part hereof: (a) Exhibit "A" -- A narrative description of the Improvements to be constructed and work to be performed by the Developer in the Assessment i District. t (b) Exhibit "a" -- An estimate of the quantities and costs of the Improvements to be constructed, work to be performed and Incidental Expenses to be incurred by the Developer in the Assessment District. section 6. No Financial Obl.ication of City. Toe City has no financial obligation to construct the Improvements and r all expense for the acquisition of the Improvements, including all Incidental Expenses, shall be borne by owners of property within the Assessment District. section 5. Intention to Form Assessment District. The city intends to proceed with adoption of a Resolution of Intention and formation of the Assessment District for the acquisition of the Improvements and payment of Incidental Expenses es described on the Exhibit "A" and Exhibit "E". 7 section 6, gds. The Developer agrews to keep s records for all contracts for construction of the Improvements ant for all Incidental Expanses incurred. The City shall have the right to inspect such records at any reasonable time. 4: section T. Inspection. The city shall have the right to N „n• inspee^ construction of all Improvements at all times. , 4 , f: 117 Section 8. Coots of iaprovesents and Incidental Expenses to be Paid to Developer. The City hereby approves the cost estimates contained on Exhibit "E ". The cost to be paid by the City for the Improvementc and Incidental Expenses are the actual costs incurred by Developer for such Improvements and Incidental Expenses or those costs that the City determines in good faith to be the reasonable costs of the Improveaonte and Incidental rxpansect pravided: (a) That the costs of the Improvements expressed as a cost per unit shall not be greater than cost per unit confirmed by the city in the Assessment Proceedings for the remaining Improvements constructed by cLe Cityt and (b) That the costs of the Zryrovemants expressed as a cost per unit shall not be less than the actual costs incurred by Developer based upon appropriate invoices or other written proof of payment of such casts. Notwithstanding the foregoing, iD no event shall the unit costs described in Subsection (b) exceed the unit costs described in Subsection (a). .4 Section 9. spread of Asses. The coots of the Improvements and Incidental Expanses paid by the City shall be spread by the Assessment Engineer in accordance with the benefits received by the lands within the Asaaessent District. Section 10. Convava-ncs of ILrovesents to City. Upon �. completion of the Improvements and payment therefor by the 5 178 a ... as, city, the Developer shall convey the improvements to the city. The City shall have the right to use the Improvements as it determlios necessary for the benefit of lands within the Assessment District. Section 11. Distribution of proceeds. Upon tha Sale of Bonds, the City shall distribute the proceeds as fo lows: (a) To the Developer for acquisition of tLe Isprovements constructed by the Developer in the asacnts provided under Section Bt i (b) 20 the Developer for nlmbursr,.smt of Tncidentnl ]b:penses incurred by Developer in the amounts provided mMar Section e, (o) ro any consultants rstAinad by city fix. fees and s.y � costs in the asountr, confirmed by city in the w j' Assessment proceedings! and (d) To the City for xaimbursement of any (toots and expenses incurred and for any other purposes 1 confirmed by City in the Asamsmmwit proceedings. ti. i The distribution of the proceeds to the Developer shall be based upon written instructions of the Assessment Engineer. Section 12. confirmation end Sa]e oLj=ja. This ?y Agreement shall be contingent upon confirmation of the ya assessment and successful sale and delivery of bonds. to' Section 19. on of AQxeesent. :(f the bonds are not sold within a five (S) year period, this Agreement shall be «N null and void. 6 i-79 I ' Furthermore, the city may, at its option, at any time z terminate this Agreement if any legal challenge is filed relating to the validity of the Assessment Proceedings or enforceability of this Agreement. Section 14. Indemnification. Developer agrees to indemnify, hold harmless, release and defend the City, its �. Hoard of Dlrectoru and each member thereof, and its officers, ` employees and representrtives, from any and all liability, loss, suits, claims, damages, costs, and expanses (including attorney's fees and casts of litigation) which directly or indirectly result from, or arise out of: (a) any activity, use or performance under this agreemantt (b) any acts, errors or 3- omissions (including, without limitation, professional Xi negligence) of Developer, its employees, subcontractors, or M 3 agents in connection with the performance of this Agreementi or (c) any challenge to the Assessment Proceedings. This release and agreement to indemnify includos, but is L xnot limited to, personal injury (including death at any time) `•, and property or other damage sustained by any person or persons -1 (including, but not limited to, companies or corporations, i Developer and its emplo,ses of agents, and members of the a, general public) from any cause whatsoever, including, but not limited to, any act, error, or omission of: (a) the City, and y; its officers, employees or agents, or (b) the Developer and its tea. officers, employees or agents. 1 7 Section 15. Successors and fissions. This Agreement shall be binding upon heirs, assigns and successors -in- intareat of the parties. Section 16. Sole Agreement. This Agreement, by its execution, amends and supersedes any terms and conditions that may be inconsistent in any previous ayressent, including any subdivision improvement agreement, relating to the construction, installation or financing of the Improvements. E)MCOTED by and between the parties hereto on the day and year first above written. CITY OF RANCHO CDCAMOHCA Sys Mayor ATTEST: City Clark g LY,'iNMVEN JOINT VZNTVRE and DI%ZRSIlIED PROPERTIES COMPANY III Sys Title: ,,e� CERTIFICATION or ENGTPJM or HOE The undersigned hereby certifies: 1. That I as a principal of the firs of Dwight T. !ranch, ' Inca that Dwight T. Trench Inc. has been duly appointed as the Engineer of Mork for Assessment District Mo. E6 -2 of the city of Rancho Cucamonga? and that I an familiar with the facts herein certified and I as authorized and qualified to certify the same. 2. That the narrative description of Improvements set ✓ forth on Exhibit "A" of this Agreement is an accurate description of the general nature, location and extent of the Improvements to be constructed by the Developer. 2. That the quantities and costs of Improvements set forth on Exhibit "D" of this Agreement are a reasonable estimate of ,y the Improvements to be constructed by the Developer in light of the cost o2 construction existing in this general location at a this time. .p DATSDi , 1957. `= DWIGHT T. F MCM, INC. ay: Dwight r. :ranch t�• a FWpr ' n!5 r ■ i t D IMRMYEMENTS O DISTRICT t 0. U-4 Diversified Pro perties Company III and Lynnehaven Jotnt Venture shall construct 36.39 oas shown on the is Masts plan Storm Orrin 3H from Station 10 ♦ 00 to Station 12. 3H Draw Pans entitled "City of Rancho Cucamoraa Master Plan Storm Drain � No. `126D." The improvements .. concrete 1 P ments include, but are not limited to, reinforced P Pipe' manholes, outlet structure, tatchbasins, excvvation, backfW and removal and replacement of obstrualons. ds PC 3 /$3 0 �I EXHIBIT B FS nMATE OF QUANTITIES AND COSTS OF IMPROVEMENTS (ASSESSMENT DLTIRICT!J). 36-21 • DIVERSWD PROPERTIES COMPANY W/LYNNEHAVEN JOINT VENTURF. Construction of Maatet Plan Storm Drain 3H from Statlott 10 + 00 to Station 12 +363! ITEM UQ ANIM UNIT UNR COST ESTIMATE 54" DIA RCP 122 LF 203.1)0 24,766.00 43" DIA RCP 113 LF 192.00 22,030.00 42" DIA RCP 4 LP 139.00 756.00 30 ^DIA RCP 132 LF 176.00 26,732.00 Junction Structure 04 2 FA 3,40U.00 6,300.00 Manhole B 2 FA 4,300.00 9,600.00 Catchbaain 06 3 EA 3,200.00 26,000.00 Brick aad Mortar Plug 4 FA 330.00 ;,400.00 Outlet Structure 1 EA 4,700.00 4,700.00 Remove and Replace AC Ditch 960 SF 3.30 3,360.00 Remova and Replace AC Pavement 3,600 SF 3.73 33,230.00 Traffic Control LS 1S 6,200.00 6,200.00 Remove and Replace Concrete Curb and Gutter 130 LF 13.00 2,250.00 Fence Removal 130 LF 9.00 1,330.00 Tree Replacrrent 3 EA 230.00 2,000.00 City Permit 7,476.00 7,476.00 Soils Engineering h Staking r 2,000.00 2,000.00 Supervision 4,01:0.00 4, coo. 00 ' c Design Engineering 3M 7,000.00 7,000.00 '1 Design Engineering 4N 43,300.00 43,300.00 ITEM _. UO ANffT'Y UNIT UNR COST _ = ESTIMATE - -Y ..-J ' Plan Cheek Pea 3H 1,170.00 1 130.00 Plan Check Fees 4N 3,430.00 3.470.00 TOTAL 5 239.840.00 d: PC 3 ti *a r fet'^.is :.Gnat•• •�•(t; 4�{:. • 3 1 -�s r?T nr DA T. W^rT it AMn%Tr-A STAFF REPORT DATE: March 4, 1987 TO: City Council and City Manager FROM: Russell H. 14aguire, City Engineer BY: Slane W. Frandsen, Senior Civil Engineer 11,40 � � as '- ryy Z fvr Subject: Award and execution of Professional Services Agreement with J William Murphy d Associates Consulting Appraisers to perform appraisal, for five (5) properties on Arrow Route with estimates for relocation assistance and business valuations for a fee not to exceed $23,000.00 to be funded by Systems Development runds as budgeted for the Arrow Route Reconstruction project RECON EIOATION: It is recommended to award and execute the Professional Services Agreement with J. William Murphy 8 Associates Consulting Appraisers to perform appraisals for five (5) properties on Arrow Route with estimates for relocation assistance and business valuations. Such services are to be performed for a fee not to exceed $23,000 to be paid from Systems Development Funds as budgeted for Arrow Route Reconstruction from Archibald to Turner Avenues. 8AC1(GROWARALYSIS: As part of the 1986 -87 Capital Improvement Program, monies were budgeted to perform designs for rehabilitating the existing travel lanes of Arrow Route from Archibald to Turner Avenues and tc prepare designs and right - of -way engineering for the ultimate widening of this street. The 2nd phase widenings are to follow as funds become available to complete the improvements and to acquire such rights -of -way as required. During the course of preliminary engineering for he development of the a j been ucan properties c dedication exhibit major structural into hproposedright-ofway to prohibit the ultimate development of Arrow Route. To determine property values and to establish budget amounts for the future acVisition of such right -of -way and, in following Federal Guidelines for right -of -way acquisitions along urban arterial streets, a registered appraiser must be engaged to create a market appraisal to be used during the course of right -of -way acquisition. Two appraisal firms have been requested to submit fee proposals for such services. The firm of J. William Murphy i Associates is recommended from the response to the Request For Proposals. �J /8k II J. n y S CITY COUNCIL STAFF REPORT RE: APPRAISAL OF 5 PROPERTIES - ARROW ROUTE March 4, 1981 Page 2 It is to be noted that separate to this action, Dan Greek b Associates will be engaged to perform the 1st phase pavement rehabilitation designs and 2nd phase plans, specifications and estimates and right -of -way engineering associated with the project. Dan Greek b Associates will prepare the right -of -way descriptions which will became the basis for these appraisals. Re T1 , ubmitted, RHM: Attachments kq 6i :3Tda�4l:: C i t a s i y 3 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 J. William Murphy a Associates Consulting Appraisers (hereinafter referred to as "CONSULTANT') 2. Recitals (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of Appraisals for Five (S) Properties on Arrow Route with Estimates for Relocation Assistance and Business Valuations ('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 hereinafter defined. NON, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise wy, requires:t . �SNn•N tip' `d"'� iv,•,, ..d^r -.:�v` bi i 4• R (a) Project: The preparation of Property Aporaisals for Five (5) Parcels with Estimates on Relocation Assistance and Business Valuations as described in Exhibit 'A' Scope of Services attached hereto including, but not limited to, 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 procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project acceptance for construction Is set forth in Exhibit "B' Project Schedule attached hereto. 2. CONSULTANT ogre`s as follows: (a) CONSULTANT skll forthwith undertake and complete the project in accordance with Exhibit "A' ar-. applicable with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as 'documents ") including all suppiemental technical documents, as described, in Exhibit "A" to CITY within the time specified in Project Scheduled, Exhibit W. 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 maid documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities ^etermined necessary by CITY. The time limits set forth pursuant to this Section B2.(o) 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 CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees th.. no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $23,000 00 for the performance of the services required hereunder. This sum shall cover the cost of all staff tine 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 'A'. ,y (b) Payments to CONSULTANT shall be made by CITY in .k ' accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are 4. received by CITY. All charges shall be detailed in Exhibit 'A" either with respect to hourly rates or lump sum amounts for individual tasks. In no -3- event, however, will said invoices exceed 95% of individual task totals described in Exhibits "A" (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sun in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made net rater than 60 days after presentation of final documents and acceptance thereof by CIrf. (d) Additional services: Payments for additional services requested, .n writing, by CITY, and not included in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit Y ". 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 and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducibla copies of maps and other information, if available, which CONSULTANT considers necessary in or,.er to complete the project. (c) Such information as is generally available from CITY files applicable to the project. " (d) Assistance, If necessary, in obtaining 1nParmation z r from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. ? -4- 5. Ormership of Documents: All documents, data, studies, surveys, drawings, naps, models, photographs and reports prerared 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 CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. It -5- Any use or reuse of the plans and specifications except at the site Intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, cl 1ms 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 'x 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 i event this Agreement is so terminated, CONSULTANT shall be compensated at ' CONSULTANT's applicable hourly rates as set forth in Exhibit 'A', on a pro- d' E rata basis with respect to the percentage of the project completed as of the ti date of termination. In no event, however, shall CONSULTANT receive more than %? the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to k CITY any and all documents. data, studies, surveys, drawings, maps, models, L *'. photographs and reports, whether to draft or final form, prepared by It -5- CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all i` notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth it this paragraph 7. The below named a individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Blane W. Frandsen. Senior Civil Engineer for the City of Rancho Cucamonga and Michael S. Murphy for J. William Murphy a Associates. Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States 3 •i 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 commence work on a subcontract until all insurance required t of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all tines during the term of this Agreement the following policies of insurance: 9 (ar Worker's Capensaton Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken oat full workers' compensaton insurance for all persons whoa it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code �cctton 3700, every employer shall secure the payment of coopensation to his -6- 193 ■ _7. employees. 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 r which require every employer to be inured against liability for workers' ' compensation or to undertake self Insurance in accordance with the provisions - of that Code, and I will comply K th such provisions before commencing the performance of the work of this Agreement". (b) Public Liability and Property Damage: 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 CONSULTANT, comprehensive, broad fore, general public 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 ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage + (c) Errors ano Omissions: CONSULTANT shall take out and i 1 maintain at all times during the life of this Agreement, a policy or policies of insurance concert d errors and missions ('malpractice') providing K protection of at least N/A for errors and missions ('ealpractice') with t. $ respect to loss arising from actions of CONSULTANT performing engineering •, services hereunder an behalf of CITY. (d) General Insurance Requirements: All insurance (, required by express provision of this Agreement shall be cderied only in t• responsible insurance companies licensed to do business In the State of r3f X California and policies required under paragraphs 8.(a) and (b) shall name as _7. t, xf additional insureds 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 the 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. 9. 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 intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the t -maximum extent permitted by law. 10. Assignment) : No assignment of this Agreement or of any s part or obligation of performance hereunder shall be made, either in whole or k in part, by CONSULTANT without the prior written consent of CiTY. 11. Independent Contractor: The parties hereto afire: that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. -8- 12. Governing Law: construed to accordancee withthe laws7Ofsthe State of Callforniaoverned by dnd 13. Attorney's Fees: In the event arty legal proceeding 1s lnstitutod to enforce any term or provision of the Agreement, the prevailing and costs party 1n said legal proceeding shall be entitled to recover attorneys- fees reasonable. from the opposing party in an amount detemfned by the Court to be 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or to writing, between the parties with to the subject matter hereto. respect party to this Agreement acknowledges that no representation by any party which is not eabodted herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: e J. WILUAm MURPHY 3 ASSOCIATES CITY OF RANCHO CUCAMINGAA eons u , ayor rs ATTEST: every u a e , er M•• - j Date: i7 Approved as to forty: arney EtYIIBIT +q. J �4tLU.t,i AI t. • o gaoc.,,�� Pity eonap.n•.o n + + +n.ae.a •Or• p.. rr aesa • .r.r.pr e• r cruro• cnu .URAIA ODIU •. eae.as , pJ20 gaseLneh0Cucamonga February 12, 1987 Re�chR x 807 d Cucamonga, CA 91730 Attn: lllene Frandsen Re: '4r oW Route Rceonst Dear Alr Frands ruc ' Archlb,l- en; ° Avenue t' r`ouosted, wear, to Turner Avenue ahra The Submitting 6•r:nmarized belorpose of our apps r appraisal pro ` Prof Purpose °awed the aPPralsal�l the acrvlcesl proposal �QtO,erndered and rote a reed alon add. If., Deny sovBran areal. a 0 id, rAr ' th outp•r het value alue of flue (5) t a jar the South The dateI tee' S duma taken ur v special tAPrrpj el t aYoai11 bhl `tb tht•afo m3otrollnst uct a Stsl nd maind bu Sne s A t o� c our a h ��I rl[ he ltemized(as oN6 of each ore Dort narrative reports Reloca a Real c Business Velu r(cach or all its atlo e ) ) Any . (Per re added tolt Is re work (1, e., cbu Port) S10,OJ0, 00 S 1,000.00 $ 9,000 0 eat S1 me' Should you 0p Per hou r i depositions, 0 slgr,ea stamped, any rlueeUons, Pleas Pre-trial,. it ResPectf apY of this e�pa lent d envelope for your (714) 628'5517 u11Y Subndtted, Contealence in a, � CONSt1L�C8 �RPiRr RSASSOCIATIS M111c ta<•1 S , LrrPhY ;c :Id completion, Our. ' SIU,000 e $ 5,000 328 pop etc.) would be Enclosed please returning one PRWECT AUT1i0RIZED BY: Ituq rt EXHIBIT OR- The shall beoc plet d wlthlnantne relocation assessments and business ninety (90) days of the Notice to Proceed. 8 98 ' 'i ri RESOLUTION N0. s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF x AGREEMENT WITH E ILLIAN EXECUTE PROFESSIONAL SERVICES ON ARROW RO TO PERFORM APP�SALLSiFOR IVET(51 PROPERTIES AND BUSINESS YALWITH ESTIMATES-FOR RELOCATION ASSISTANCE ✓__ have rea1�E�' the City „Council -for the City of Rancho Cucaionga desires to ?' between Archibald +DD nl-e Performed for five (S) parcels along Arrow Route , Ave Insufficient dedtcatloe nso as to provide far the Ultimate widening of Arrow Route, and ' cuch Parcels exhibiting response to WHEREAS- uest William expresses a desire to W.Y x Assocfates Consulting Appraisers, 1n y appraisals for a fee. prepare the subject Rancho Cucamonga W. THEREFORE. BE IT RESOLVED, by the City Council of the City of William Murphyi AssoclatesdCOnsultln roAes a1 al S{oricasfAgre��weh�a S23,OOp,00 to be Paid from Systems Oevelopaeet Fees. 4 v nTT no D A XTnvn PfTn A XCAVPA STAFF REPORT LE 2 DATE: March 4, 1987 i TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Blane W. Frandsen, Senior Civil Engineer SUBJECT: Award and Execution of Professional Services Agreement with Hall b Forman, Inc. to complete designs and plans and to prepare project bid documents for median island curbs for portions of Victoria Park Lane from Base Line Road to Victoria Windrows Loop about 1DO0t feet west of Windrows Park for a fee not to exceed $14,900.00 to be paid from Maintenance District Funds set aside for Victoria Landscape b Parkway Maintenance It is recommended that City Council award and execute Professional Services Agreement with Hall i Foreman. Inc. to complete designs and plans and to prepare project bid documents for median island curbs for portions of Victoria Park Lane for a fee not to exceed $14,9DO.00 to be funded from Maintenance District Funds set aside for Victoria Landscape b Parkway Maintenance. 6ACKiROUND /ANALYSIS: Designs and plans for the installation of median curbs Foreman. Inc. for Victoria Park Lana cinder the di Development Company and delivered to the ..ity. It is plans to provide additional traffic capacity for turning to provide construction specific ide for ultimate completion of U consultant to perform the descritw professional services along with the funded by the Maintenance District ay maintenance for the Victoria Plani documents to requested by $14,900.00. are proposed landscape and Respec su lttedl Attachments started by Hall 8 m of the Lyons •ed to modify the s at the existing , estimates and )ject. The fee *kings amount to to provide PROFESSIONAL SERVICES AOAEEMENT 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 Nall A Foreman, Inc. (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 plans, specifications and estimates for construction of madian curbs along portions of Victoria Park Lane from Base Line Road to Victoria Windrows Loop about 1000 feet west of Windrows Park ( "Project" hereafter). (ii) CONSULTANT has now suMitted 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. (1v) CONSULTANT represents that it is qualified to perform such services and Is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT .r follows B Agreement. 1. Definitions: The following definitions shall apply to the f following terms, except where the context of this Agreement otherwise :. >: requires: D�1 i VV / -1- (a) Project: The preparation of plans, specifications and estimates for the construction of median curbs along portions of Victoria Park Lane from Rase Line Road to Victoria Windrows Loop as it intersects Victoria Park Lane about 1000 feet vest of Windrows Park including such workings as noted in letter dated February 9, 1987 regarding proposal to cooplete Engineering Services for Victoria Park Lane described as Exhibit 'A° Scope of S:rvices attached hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, caps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings ano other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to ' be performed by CONSULTANT in order to complete the project. ' (c) Completion of Project: The date of completion of all phases of the project, including any and all procedures, development plans, 3 maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit 'B" Project Schedule attached hereto. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit 'A' and applicable with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. K' -Z- .�oa (b) CONSULTANT shall supply copies of all amps, surveys, reports, plans and documents (hereinafter collectively referred to as 'documents') including all supplemental technical documents, as described in Exhibit 'A' to CITY within the time specified in Project Schedule, Exhibit 'P'. Copies of the documents shall be in such numbers as are required by Exhibit 'A'. CITY may tM.— ,after review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section RAW 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 et this Agreement. In the ` event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontrar or shall be retained by CONSULTANT exccpt upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum not to exceed $14,900.00 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 dr the schedule set forth in Exhibit W. -3- 003 d, (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit 'C' either with respect to hourly rates or Imp sus amounts for individual tasks. In no event, however, will said invoices exceed 953 of individual task totals described in Exhihits 'A'. (c) CONSULTANT agrees that, in no event, shall CITY be i required to pay to CONSULTANT any sus in excess of 953 of the maximum payable hereunder prior to receipt uy CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and g 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, to writing, by CITY, and not included in the Scope of Services as set forth in Exhibit 'A' hereof, shall be paid on a reimburserent basis in accordance with the fee schedule set forth in Exhibit 'C'. Charges for ` additional services shall be invoiced an 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: r (a) information and assistance as set forth iii Exhibit 'A' hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. ^^^ C -r/ 4 Dv (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 sake all initial contact with respect to the gathering cf such information. S. Ownership of Documents: All documents, data, studies, surveys, drawings, saps, 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 CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site Intended or any alteration or revision of the plans or specificationns by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, 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 agreem .,nt may be terminated by CITY upon the giving of a written •Notice of Termination" to CONSULTANT at least fifteen w, (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 -5- �s 1 CONSULTANT's applicable hourly rates as set forth in Exhibit "C ", on a pro- rate basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: 31ane N. Frandsen, Senior Civil Engineer for City of Rancho Cucamonga and Hugh H. Foreman. Jr. President for Hall i Foreman. Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof to the United States mail, postage prepaid and properly addressed as set forth above. B. 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 commence work on a subcontract antil all insurance required of the subcontractor has been obtatneo. CONSULTANT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: -6- a0� - (a) Worker's Compensation Insurance: Before beginning work. CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for dll persons wham it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: 'I as aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' M compensation or to undertake self insurarce in accordance with the provisions of tnat Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. (b) Public Liability and Property Damage: 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 CONSULTANT, comprehensive, broad form, general public 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 ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. c (c) Errors and Omissions: CONSULTANT shall take out and maintain at all tines during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ( "malpractice') providing -I- -Y 00 7 protection of at least $250,000.00 for errors and omissions (`malpractice') with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. (d) General Insurance Neguirecents: All insurance required by express provision of this Agreement shall be carried only in responsible Insurance companies licensed to do business in the State of California and policies required under paragraphs B.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, and employees. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer, insured and all subcontractors waive the right of subrogation against CITY and CITY's elected officials, officers, employees, r and agents. (2) the policies are primary and noncontributing with any r insurance that may be carried by CITY; and (3) they cannot be cancelled except after thirty (30) days' notice by the Insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly s upon receipt of then, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and ` save harmless CITY, its elected and appointed officials, officers, 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 acts or omissions of the CONSULTANT In the performance of this Agreement for which Consultant may be 3' legally liable, including, but not limited to, all consequential damages, to }} 4 the maximum extent permitted by law. §Z� . z W C, M� ,el, 'f '��^ Q � � V`J ...Y S a iY 10. Assignment: No assignment of this Agreement or of any part i r' or obligation of performance hereunder shall be made, either in whole or in x part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: y 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 employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fecs: In the event any legal proceeding is ' instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if It is in writing signed by all parties. ' /9- ��`'- ����e�er-%. IN WITNESS WHEREOF, the parties hereto have executed this Agreesent' < as of the day and year first set Forth above: HALL & FOREMA.Y, INC. Date: CITY OF RANCHO CUCAMONGA Date: _ Dennis L. Stout, Kayor ATTEST: Beverly A. AUthelet. e Approved as to fors: City Attorney —lVA .10- Y �1: i:1• a .1 EXHIBIT •A• CIVIL ENOW[[NNO • LA.YO KANNNG • LANO SURVR M February 9, 1987 AEC E IV E r3 FEB 10 1967 City of Rancho Cucamonga Gil cr 71.rcho CZCAIChc4 9340 Base Lino Road, Unit B LiCUIIFt.K cul-:0 P.O. Boa SC- Rancho Cucamonga, CA 91730 -0807 Attention: Blane N. Frandsen ' Regarding: Proposal to Complete Engineering Services for Victoria Park Lane We would be pleased to perform the following engineering services for Victoria Park Lane is Rancho Cucamonga: 1. Revise the plane previously completed to incorporate the new comments by the traffic engineering department and make corrections as noted on plans received from your office. 2. Provide specifications for the project using the City's "boiler plate ". X., 3. Provide a schedule to complete the above work. 4. Coordinate with the Landscape architect and provide information on the plans relative to this worL•. Our fee for Items 1, 2 and 3 of the above work is $12,400.00. Our fee for Item 4 if $2,500.00. Our fees will be billed monthly as the work progresses on a percentage of completion basis to be determined at the end of eacb billing period. Invoices shall be considered due and payable upLa presentation. Any additional items of work requested by client would be provided on an hourly basis in accordance with the attached prevailing rate schedule. It is understood that the Client shall pay the costs of any governmental fees applicable, title company chargon, blueprints and reproduction costs. These direct charges will be billed monthly as they are incurred. -� ai 3170 REOHILL AVENUE • COMMA, CALIFORNIA 02126-3428 • I714) 641.8777 , . 1 r. Ic� Vtg: I S City of Rancho Cucamonga ------ ------- _ _ Feb. 9. 1987 ----- We are looking forward to working with you on sign belov where indicated and return this lettersasrojoct• Please acknowledgement of your acceptance of this proposal. The enclosed signed copy is for your tiles. ' HALL Fs FOREMAN, INC. CITY OF RANCHO CUCAMONGA 4 oreman, r Pre dent ana rac sen HHp :wb Attachment ID/=) a li a i `1 ) Via. i . � ✓"..i 1 °G 4. eP +' is EXHIBIT 'B' PROJECT SCHEDULE VICTORIA PARK LANE MEDIAN CURdS i RELANDSP.APING 1. Professional Services Agreement to City Council ... ..........................March 4 1987 ' 2. Notice to orv.eed ..........................March 6, 1937 • 3. Tree Removals to Begin by .................March 30, 1987 4. Revised Plans for Review at City by. .....April 6, 1987 S. Plans Returned from City to Hall A 1 Foreman fog Correction by .................April 13, 1987 6. Corrected Plans back to Cil,y pith Spec. Submittal b Estimate by.... ....April 20, 1987 ( 7. Spec Returned to Hall 8 Foreman ror Corrections by .................. ........April 27, 1987 S. Notice Inviting Bids to City Council ......... May 6, 1987 9. Specs 3 Bid Package Back to Cit, Ready to Print .. ............................May 8, 1987 „ 10. Advertise for Bidding ................ .May 8 b 15, 198• •� 11. Award Construction Contract ....... .........June 3, 1987 ,. 12 First Landscape Kiil by City Force......... June 15, 1987 ' 13. Execute Agreements ................ ........June 17, 1987 14. Notice to Proceed ..........................June 18, 1987 ' 15 Work to Start By . ...........................July 6, 1987 i `1 ) Via. i . � ✓"..i 1 °G 4. eP +' is fiip: -. .- ,. _ ".^ 'i• ups. EXHIBIT 'C• AM fa E - - ��ar,�cak,, 9kc. CIM EN091EENN0 . LAND MANNINO . LAND SURVEYING RATE SCHEDULE (8,11/86 through 7/31/87) $90.00 )er hour for services of Principal $65.00 per hour for services of Project !(anager $53.00 per hour for services of Office Design $41.00 per hour for services of Design Drafting II $30.00 per hour for services of Design Drafting I $159.00 per hour for services of 3 -Han Survey Party $127.00 per hour for services of 2 -Han Survey Party $65.00 per hour for services of Field Supervisor $0.50 per minute for services of In -House Computer $2.00 per minllto for services of In -Houso Plotter - IEDHILL AVENUE C, • -COSTAMM CA11fORNlA 920263423 • (7141 941 RESOLUTION N0, 97 -1)9f A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO CUCAHONCA TO AWARD P.ND EXECUTE PROFESSIONAL SERVICES AND PLANS WITH HALL d FOREMWI, INC. TO COMPLETE DESIGNS AND PLANS AND TO PREPARE PROJECT BID DOCUMENTS FOR WDIAN ISLAND CURBS FOR PORTIONS OF VICTORIA PARK LANE FOR A FEE WHEREAS. the City Council for the City of Rancho Cucaaonga desires to have nP epare cpla sspecifications and estimates for the construction of 9 Portions of victoria Park Lane; and WHEREAS. Hall d Foreman, Inc„ a consulting civil engineer, has Previously prepared base maps and engfneerfng for the original median island curbs and is willing to lcomplete such designs and plans and Proposed construction Ofcssuucch curbs foroa feg a public construction bid and ultimate Rancho Cucamonga THEREFORE, BE andTeaecutteEa�Profession Services for the City ith Hall 3 Foreman, Inc, to complete designs and plans and to prepare Project bid documents for median island curbs for portf%ns of victoria Park Lane for a fee not to exceed provide landscape �a0nd parkway maintenance eforithe Victoria tPlannLanCbwlmlmr a fee CITY OF RANCHO CUMION ,A c� sia STAFF REPORT% , k, DATE: March 4, 1987 0 0 TO: City Council and City Manager 19 FROM: Russell H. Maguire, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Authorize City Corporation Yard Security Dog RECD MINDAT1Oi: It is recommended that City Council authorize a City Corporation Yard mascott dog that will provide some additional security after normal working hours. BACKGROUND /AYALYSIS With the development of the new City Corporation Yard at 9153 Ninth Street in full swing it is apparent that adequate security is necessary to protect the many thousands of dollars worth of equipment and materials stored there. It is accepted practice in the industry to supplement electronic alarm systems with a dog or dogs which act as 'scare crows• to deter unauthorized intruders. In most cases and in this case the dig would not be a trained attack dog but would be a well disciplined audible alarm. AC this time, our electronic alarm system is not functional and will not be completely effective until the entire perimeter 1s secured approximately a year from now. In the mean time, it would seem prudent to authorize adoption of a security dog to provide a deterent against unauthorized entry. This item was continued from February 18, 1987 Council meeting to allow for legal councils review. Staff met with the City Attorney to discuss staffs recommendation. The City Attorney finds that legally there is nothing that would preclude the City from owning and maintaining a dog at the City Yard or other facility. Also, that the liability risk is minimal and that keeping a dog would be a value Judgement. In this case it is the City Attorney's opinion that the additional security provided would outweigh the liability risk; therefore, value Judgement would be in favor of staffs recommendation. Res y fitted, ` p nNY —tvy �V CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1987 TO: Mayor and Members of City Council FROM: Jack Lam, AIC", Community Development Director BY: Olen Jones, Redevelopment Analyst SUBJECT: APPROVAL TO CALL FOR CREATION OF A FISCA RECOMMENDATION: Approve calling for the creation of a Fiscal ev eRi w Oommit; tee to review the proposed Rancho Redevelopment Project Plan Amendment. BACKGROUND: In December, 1981, the City Council adopted Tr— dinace No. 166, authorizing the formation of the Rancho Redevelopment Project Area. Since its adoption, the Agency has been Implementing the Project by providing many public Improvements which were major contributors to conditions of blight to the Project Area at the time of its adoption. Although many projects have been undertaken, much work remains to be done. In order to continue the Agency's efforts in implementing the Plan, it is necessary to pursue specific technical amendments. These technical amendments include increasing the bonding capacity and annual tax increment limitations. In addition, it has been determined by the Agency that the Redevelopment Plan requires amendment to add certain public facilities, the need for which was not seen when the Project was adopted. ANALYSIS: The Redevelopment Agency 1s required to transmit copl—esof the proposed amended Redevelopment Plan to affected taxing entities. Thereafter, any of the affected entities may call for the creation of a Fiscal Review Committee to review the proposed amendment. In order to ensure timely completion of the Fiscal Review task, It is important that the process begin as soon as possible. Since the City is an affected taxing entity of the proposed amendment the City can call for the creation of a Fiscal Review Committee. A workshop has been scheduled for March 24, 1987 to ensure that all affected taxing entities understand the technical nature of the proposed amendment. The Fiscal Review Committee will formally meet on April 20, 1987. Staff recommends that the city purchase the computer aquip- ment described balow to expand and enhance the Countyts Conputer Aided Dispatchl Crime Analysisl Managing Criminal Invsattgationsl and Electronic Mail programs. The cost of this equipment will be approximately 016, 000. This money Is currently available for transfer from the Vehicle Fuel and Maintenance Account which will be undarspent due to reduced fuel prices and lower malnto"mm needs than anti- cipated. INFORYATtONs The Rancho Cucamonga Sheriff's Station is scheduled to go on line" with the County's Computer Aided Dispatch (CAD) on July 1, 1967. At that time, the dispatching function for our station will shift to the new Emergency Operation Center fn Rialto. When this occurs# several na, tools will be at our disposal to aid us in raking Rancho Cucamonga ■ safer place to lives 1. Computer Aided Dispatch (CAD) A. Unit status and location available to dispatch and the Shift Commander at all times. b. Automatic selection of unit to be assigned based on a pre - determined hiarchy according to the Reporting Districts and unit avail- ability. C. "Oeo- Films• on calls - for - service that pro- vides the dispatcher with map to guide units to t + location. d. Location history on assigned locations which the dispatcher can pro�.Ide to the respondlnj --nit. _ :, i MIME CITY OF RANCHO CUCA31ONGA tIQ STAFF REPORT . �1° �y. DATES February 23, 1966 FROM, John A. Futscher, Captain Rancho Cucamonga Sheriff's Station TO& Mayor Dennxs Stout a City Council Members SUBJECT, COMPUTER EQUIPMENT RECOMENDATIONs Staff recommends that the city purchase the computer aquip- ment described balow to expand and enhance the Countyts Conputer Aided Dispatchl Crime Analysisl Managing Criminal Invsattgationsl and Electronic Mail programs. The cost of this equipment will be approximately 016, 000. This money Is currently available for transfer from the Vehicle Fuel and Maintenance Account which will be undarspent due to reduced fuel prices and lower malnto"mm needs than anti- cipated. INFORYATtONs The Rancho Cucamonga Sheriff's Station is scheduled to go on line" with the County's Computer Aided Dispatch (CAD) on July 1, 1967. At that time, the dispatching function for our station will shift to the new Emergency Operation Center fn Rialto. When this occurs# several na, tools will be at our disposal to aid us in raking Rancho Cucamonga ■ safer place to lives 1. Computer Aided Dispatch (CAD) A. Unit status and location available to dispatch and the Shift Commander at all times. b. Automatic selection of unit to be assigned based on a pre - determined hiarchy according to the Reporting Districts and unit avail- ability. C. "Oeo- Films• on calls - for - service that pro- vides the dispatcher with map to guide units to t + location. d. Location history on assigned locations which the dispatcher can pro�.Ide to the respondlnj --nit. _ :, i MIME S, 2. Crime Analysis a. Computerized tracking of all calls- for - service. b. The ability to manipulate that data from the P station. c. Computerized projection of crime trends and + probable targets. d. Electronic pin mapping to aid in manpower deployment. 3. Managing Criminal Investigations (MCI) A. Tracking of Methods of Dparations (MD) used x by criminals. • h b. Parolees at large. c. Local known criminals. 1, d. Collection of Field Interrogation Cards. e. Automated Property System. f. The capability of bringing all of those to- gather to identify perpetrators. i 4. Electronic Mail i Records Transmittal i a. Type reports or memos on a CRT or PC. b. Temporarily hold In local memory. c. Make a "hard copy' for supervisor review. d. Make corrections. 0 " e. Generate 'hard copies" needed for local files detectives, and /or District Attorney. f. Forward to Central Records for microfilming via the CAD Computer where CAD, Crime Analy- sis, and MCI Information will be automati- cally entered. ;. While the CAD equipment, which Is a standard package for each station, provides adequate access to most of these rtools, the addition of the below listed equipment would r.g allow the Rancho Cucamonga Station to use them to their greatest possible potential: The basic package contains ,°f K?; (l) DEC PC Computer, !2) CRT's, (1) Printer, (1) Plotter, «c� and associated modems, multlplaxers, and cables, y r This would equip two of our records clerks and the clerical + supervisor with the equipment noccossary for direct access. ' The remaining three records clerks and the Administrative Secretary would be using the traditional equipment. The equipment listed below would equip the Aministrative Sec- ' rotary and the remaining clerks and would give us full Ac- eves. Ordinarily$ requests of this nature would be made during the annual budget process. Howoverl the County CAD equip- ment is scheduled for intallation in'March. If we were to seek approval to purchase the additional equipment during the annual budget process, the installers and technicians would have to return at some later date and retrofit the added equipment. Additionally, by ordering the equipment .d now, the city will save approximately $2420.00. r� ITEMS REOUESTEDt (3) DEC lT 220 Terminals w /keyboards 0 $673.........$2023 (1) IBM AT Computer ....... ..........................04000 (i) DEC LN03 Laser printer ..........................$2793 g(1) DEC LA 210 Printer .............................. $1195 (2) Paradyne Multiplexers 0 $1300 ...................$2600 (2) 9600 Baud Modems O $ 2130 ........................04300 I (3) Protocal Converters 0 $373 ......................$1125 (4) Cables 0 $ 100 ..... ..............................$ 400 Installation .......... ..............................! 650 SUB - TOTAL ............ .........................$18440 i TAX ............. ..............................$ 1106 TOTAL ............... .......................... !20196 LESS CURRENT EQUIPMENT ALLOTMENT ..............! 4000 TOTAL NEEDED ... ............................... !16196 9 •J 11 , n 3 c u 3 a G I" CVff OF RANCHO CUCAMONGA STAFF REPORT Date: March 4, 1987 To: City Council and City Manager From: Sill Holley, Community Services Director By: Karen MCGUire -Emery, Assistant Park Planner Subject: TRAIL IMPLEMENTATION STUDY REQUEST FOR PROPOSAL RECOMMENDATIONS The Park Development Commission Recommends that the attached Request for Proposal be approved and distributed to solicit proposals bassa on the City Council authorized Trail Implementation Study. At the reque-t of the Planning Commission, in September 1986, the city council appointed the Park Development Commission as lead agency for the Trail Implementation study. Since that time, a Request for Proposal (RIP) has beon prepared by the Community Servicas Depaztnont Staff. The Park Development Commission has reviewed the RIP and unanimously recommended that it be directed to City Council With two minor additions: 1) That the selected Consultant research and provide information regarding a licensing fee for equine residing within the City and; 2) That the Consultant provide a cost analysis of those trails which would be located outside the equestrian overlay area and which would not be coterminous with a Regional Multi - Purpose Trail. The RPP, along with the Park Development Commission comments, was also directed to the Planning commission for information and comment. At that time, concern was exprossed that the Trail Plan should not be limited to a partial study. The Planning Commission also recommended that the RIP be directed to City coup ^il for review and approval. �o a- Wr W: Ran CITY OF RANCHO CUCAMONGA &%. M.7 fa.s wlfc n J= D. web r�r.1 w,yr y =ODD ppnl XX, 1987 Attn: xinonoccoopppng= Subjects REQUEST FOR PROPOSAL - TRAIL STDDY I. Zntred�otian This Request for Proposal (RPP) is being released to solicit proposals from qualified Consultants for a comprehensive trails study for the City of Rancho Cucamonga, described in Exhibit "A ", Scone f Services. The trails study is being funded solely by o the City of Rancho Cucamonga. I2. Cont- actue� Reguiremen The Consultant selected for this project would be required to sign a contract for performance of services. Ths contract will be substantially similar in form and content to the sample, Exhibit "D ", Professional cervices Agree en III. Proposal Reouiremen s A. Each proposal submitted in response to this RPp shall address the information as follows on a point by point basis: 1. Describe your con pany in terms of history, staff experience, and training, with Particular emphasis on, and identification of, the individuals who will work on this project and their specific role with the project. DD3 - :k CA110N0't CA[WOe1Mf177/ • (714) M1 Request for Proposal - xxxxxx xx, 1987 page two 2. Describe your in terms of .past experience in trail design, with location examples, as well as any studies which your ' company has undertaken of a similar nature to this project. 3. List at least three (3) former clients for whoa comparable services have been performed within the last five (S) years. Include the name, mailing address, and telephone number of each clientis principal representative. t. Describe your company's normal research procedures and review process. S. Describe our approach to this project, i.e., establishing the time frame for the project phases as described in Exhibit "B ", Protect Schldula. B. Each proposal submitted in response to this RFP *hall address Exhibit "c", Charges for Consulting Services, listing the total fee for services for completion of the project as described in Exhibit "B ", Proiecc Schedule, and a description of the Consultant's fee schedule, as well as an hourly fee for Design Consultation once implementation of the Trail Program has begun. C. Firms interested in responding to this request must submit eight (81 copies of their proposal to: Community Serviced Department, City of Rancho Cucamonga, P.O. Box 807, Rancho Cucamonga, California 91730 attention: Trail Stud v. -. Proposals not received by the City through the postal system or by personal delivery prior to 5:00 p.m., on :00000000= xx, 1987, will not be considered. D. The City of Rancho Cucamonga will host a question and answer session for all interested parties regarding the Trail Study. Thin muting will be held at 2:00 p.m., x=cO000000:, February xxx, 1987 at Lions Park Community Canter, 9161 Baseline Road. -W Rocluest I r' Proposal HOC 30c 19a7 " Page three . 1V. �nre Yer —�YY � a Proppaalsa' pie nwhi itbc lsu,be reviewed thoa� ted Project will be im+i th Ciityan to The the City council review a daaward will be torveza d to City po•als.reeerves the right to ect cant cnt. re Y of 8anchc Cucamonga all H.L• HolleY. Di community S' rector wLFi: ka Dvartaent b. 0 Request for Proposal Rancho Cucamonga Trail Implementation Study POL=o'i The City of Rancho Cucamonga, situated in the abuthwast corner of San Bernardino County, is 37 miles east of downtown Los Angeles and 15 miles vast of downtown San Bernardino. The San Gabriel Mountains :ise majestically to the north and the communitias of Upland, Ontario, and Fontana surround the City on the west, south, and east, respectively. Incorporated in 1977, Rancho Cucamonga began immLdiately an extensive community based general plan development program, culminating in 1981 with the City council's adoption of the General Plan for the City of Rancho cugpmonaa. During the process of developing the General Plan, it became apparent that the community plaead a very strong priority on open space and the provision of well thought out recreational amenities and facilities. one such priority concerned insuring that a network of trails that would benefit pedestrian, bicycle and equestrian users be included in the City's plans. This issue was addressed and is contained in the General Plan on pages 110 through 114 (zoo enclosure). While the General Plan lays out a strong objective and well stated policies in this area, a comprehensive implementation plan in needed to bring the objective to fruition. That is the purpose of this project... to create a very specific operating plan, which Addresses in very specific ways, the implementation of the trail syctam. For example, one such General Plan identified trail is the Beachwood Trail. It travels east toward west and is used primarily by joggers and equestrians. There is however, a blockage in the trail, created by one lot, Gus to an uncoordinated pre- incorporation residential housing tract approval. How specifically should that be resolved? Moving further east we may find at grade road crossings. How specifically should the crossing be made? What texture for the surface? What kind of signage and how far avuy exactly for each such crossing? In other words, the City of Rancho Cucamonga is requesting a . proposal for putting together the 'plans and specifications' for the building a comprehensive multi -use trail system. 8! r « map N MCHIBIT *AN The services to be rendered by the MNSULTANT shall include the following: - The CONSULTANT shall be responsible for collection, generation and analysis of relevant information necessary to provide an up to date. comprehensive description of the study area. This portion of the study shall include, but not be limited to: o A cospreh•.neive Trail Survey of the existing trail components throughout the city: • Regional Nulti- Purpose Trails • cossunity Trails • Lc al reader Trails o Review of the Trail user groups within the city, both current and future, including equestrian riders, bikers, joggers and bicyclists. o Research, review and possible supplement of the existing Policy Statoments and Development Guidelines of the General Plan regarding trails to reflect the city's increase in davolopmatit and recreationists in order to accomplish the objective previously stated. A methodology for the implementation of the City Policy on Trails as developed in So gmant I, to accomplish a aoaprehnnsive and intorconnected Trail System, including, but not limited to: as �) • A master plan of the existing trail components and linkages with the proposed trails in areas of future devalopment for each trail component. • The conditions for development of these new trails including priority, of installation and feasibility and legality of property acquisition -' an development. • An anticipated cost estimate for accomplishing each of the three separate trail components: • Regional Multi- Purposa %tails • Community Trails • Local leader Trails .Development of a Comprehensive Trail Implementation Plan should provide a detailed masterplan and related working drawings as required of a continuous system of integrated trails throughout the city based on the three trail components: • Regional Multi- Purpocs Trail • community Trails • Local Feeder Trails The specific implementation plan should include, but not be limited tot • The precise alignment, design standards and specifications for each of the proposed trails, providing linkages, interconnections and incorporating improvements of the existing trails where necessary. • Where required provide: Property survey, methods of land acquisition, right -of -way, and potential joint use agreenants. ■ Da s i o Naintestanco guidelines, schedules, cost analysis as well as enforcement procedures and maintenance of trail'sasements. o Availability of innovative financial resources for trail development - possibly at the local, state or federal level. o A complete itemized, detailed cost analysis for accomplishing each major section of the three trail components to provide an integrated trail system including but not limited tot • Property acquisition • Trail construction • Maintenance and mnforcament procedures • Staffing requirements. o Development of a cost formula for annual bugetary analysis of specific trail linkages. Note: A. The CONSULTANT shall deliver to the CITY full rompleted, reproducible working drawings, details and specifications which shall bacons the property of the CITY. B. All working drawings shall be drawn in ink on zylar. C. The apecificaticns, and any other written m.terial in tart format, shall be typewritten, and furnishal in such form, that they may be duplicated on standard office copiers. D. Prior to final delivery of the drawings to the CITY, the CONSULTANT shall furnish required copiers of drawings that may be required for plan check, building permit, etc. E. Upon approval of the final product by the CITY. the CONSULTANT shall deliver a minimum of 15 copies and shall provide the CITY with a reproducible master copy of the final product. __ i �i G. The CITY ; will _furnimh copies of, all drawings and _ specifications required for bidders, contractors and for construction. B. The CITY shall prcvide„ CONSDITART with all necessary background saterial, including but not lisitad'rto: General Plan Development Code, Trail Survey Map, Equestrian Trail Design Guidelines, and -any other pertinent information relating to the study. _ � i r r a . 7.5= '=BIT ■He E89�'LS�,L Fork on the PROQTICT is expected to comments vithin a short time after selection of a CONSULTANT. Completion of the plan' is anticipated within a six -month time frame. In the folloving section, clearly defina the scope of vork proposed to accomplish the project. Please include astimatsd time to complete all phases of the project, listing any and all procedures, development plans, maps, surveys, plan docunants, technical reports, meetings and oral presentations for mach project segment. I. Research and Analysis >3� a 2 ITT. Soscific Tupl%m*ntAtMUj_tjn M'-, - Regional Multi- Purpose - Community ,I Local Feeder Trails D 3 c)- II. Methodology of IND16mentation a 2 ITT. Soscific Tupl%m*ntAtMUj_tjn M'-, - Regional Multi- Purpose - Community ,I Local Feeder Trails D 3 c)- n 1' 9 P E7G>IBIT "C" CHARGES FOR MNSULfrNG SERVICES The CONSUTZANT will accomplish the Rancho Cucamonga Trails Implementation Study 'in accordance with Exhibit "B", Project Scnedule, for the following fees: I. Research and Analysis and $ II. Methodology of Implementation III. Specific Implementation Plan Regional Multi- Purpose Trails $ community Trails $ Local Feeder Trails $ Total $ Additional Services, including "Design consultation* will be billed at the following rates: D-3-3 EXHIBIT "D" J PROF°- SSIONAL SM VICES 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 (hereinafter referred to as " CONSULTANT"). A. Recitals, (1) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation ( "Project" hereafter). (11) CONSULTANT has now submitted its proposal for the Performance of such services. (iii) CITY desires to retain CONSULTANT to perform Professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perforce such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B Acreement. 1. Definition;, The following definitions shall apply to the following terms, except ,there the context of this Agreement otherwise requires: (a) Project, The preparation of described in Exhibit "A" Scope of Services hereto including, but ' not limited to, the preparation of maps, surveys, reports, and i documents, the presentation, both oral and in writing, of such t, plans, maps, surveys, reports and documents to CITY as raquired -1- a3 y and attendance at any and'all work sessions, r.blic hearings and other meetings conducted by CITY with respect to the project as outlined in the scope of Services. (b) The Council: Shall mean the City Council of the City of Rancho Cucamonga. The council is the governing body of the City. (q) The Director: shall mean the Director of community services for the City of Rancho Cucamonga, authorised by the council to represent the City in matters pertaining to the Project. (d) Services:. Such professional services as art necessary to be performed by CONSULTANT in order to complete the project. (a) Completion of Proieet: The date of completion of all phases of the project, including any and all procedures, development plans, zaps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT. at public hearings regarding the project acceptance for construction is set forth in Exhibit "B" Project schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" and applicable with Federal, state and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction at CITY. (b) CONSULTANT shall supply copies Of all naps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents ") including all supp'amental technical documents, as cascribed in Exhibit "A" to CITY within the time specified in Project Schedule, Exhibit "B". Copies of the documents shall be in such numbers as are required by Exhibit "A ". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as ara deemed necessary. CITY shall receive revised documents in Such form and .2. D 3.S I i in the quantities determined necessary by CITY. The time limits sat forth pursuant to this Section B2. (b) may be extended upon a written approval of CITY. (c) ,CONSULTANT shall, at CONSULTANT's ,sole cost and expensa, secure and, hire such other parsons' as, may, in the opinion of CONSULTANT,' be'nacassary to comply with the 'terms of this Agreement. In the avant any such other parsons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY aaraes as follows: (a) To pay CONSULTANT a maximum sum of for the performance of the services required hereunder. This sun shall cover the cost of all staff time and all other direct and indiraet costs or fees, including the work of amployeas, consultants and auhcontractors 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 mcnthly basis, and ouch invoices shall be paid within a reasonable time after said invoices are - .calved by CITY. All charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amotnts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibits "A" and "C ". (c) CONSULTANT agrees that, in no avant, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in fora and content to CITY. Final payment shall be made not later than 60 days attar presentation of final documents and acceptance thereof by CITY.- i (d) Additional services: payments for additional sar'lices requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance•vlth the fee schedule set forth in Exhibit "C ". •-Charrgss for additional sarvicas 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 ac-ens to provide to CONSULTANT-: (a) Information and assistance as set forth in Exhibit "A" hereto. 'b) photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of ouch information. S. Ow•e -shoo of nocunents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by eoNS=.ANT pursuant to this Agreement shall be considered the property of CI1t and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT, may however, make and retain such copies of said documents and materials as CONSULTANT may desire Any use or reuse of the plans and specifications except at the vita intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY ., -4- r. : N agrees to hold harmless and indeanify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such alteration or revision, or vie or reuse at another site t• by the CITY, its staff or authorized agents. Lp 6. Termination: This agreement say 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 prorata basis with respect to the percentage of the project completed as of the date of termination. In no avant, however, shall CONSULTANT receive more than the maximum specif -ed in paragraph ] (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of data of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and ns io*a`ed Racresenta"ves• Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in thin paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as fet forth above. 8. Insurancet CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hersunde in a company or companies acceptable R to CITY nor shall CONSULTANT allow any subcontractor to comence- X3� :: work on a subcontract until all insurance required of _the C. .m. 4.RV} e h Y� �.r Y subcontractor has been obtained. CONSULTANT shall take out and maintain at all times during the term of this ',raemant the following policies of insurance: (a) worker's conversation Insurancar Before beginning 'work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full - arkers' compensation insurance for all parsons whoa it may employ directly or through subcortractors in carrying out the work specified herein, in accordarca with the laws of the State of California. in accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his em:loyees. CONSULTANT prior to commencing work, shall uign and file with CITY a certification as follows: "I am aware of the provisions of Section 7700 of the Labor Code which requires ovary amployer to be insured against liability for worker' compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement ". (b) public Viability and Pra0lrtV oamaaq,:, 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 affect, r..c the mutual benefit of CITY and CONSULTANT, comprehensive, broad tors, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSrLTANT's activities, providing protection at a least one Million Dollars (1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least On% Million Dollars (1,000,000.00) for property damage. (c) V-0-3 and omissions: CCNSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning arrors and omissions ( "malpractice ") providing protection of at least for errors and omissions (''malpractic(0) , -6- a3s .. with respect to loss arising from actions of CONSULTANT performing engineering sarvieas hereunder on behalf of CITY. (d) General InSurance Rocuirerents: All insuranea required by express provision of tt(s Agreement ehall be carried only in responsible insurance companies licensed to do business in the State of California and policies raquire•S under paragraphs a.(a) and (b) shall name as additional insureds CITY, its alected officials, officers, employees, and agents. All pol:oies shall contain language, to the extant obtainable, to the effect that (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, effieers, employees, and agentsi (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 (10) days' notice by the 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 affect for its ovn account insurance not required under this Agreement. 9. Indennlflcationl CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and amployass, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs ana lttornays' fees, in any mennnr arising out of any negligent or intentional or willful acts o: 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. A11iSznW= 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 written consent of CITY. 11. Independent Cent - actor: The parties hereto i 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 employees of CITY. _7_ J7o F cF > 12. 6ov2rning Law: This Agreement shall be - governed by and construed in accordance with the laws of the State of California., 17. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the { Agreement, the pravailia.q party in said legal proceeding shall be entitled to recover attorneys' lees and costs from the opposing party in an anount determined by *" zfur`_ to be reasonable. 16. Entire Agreement: This Agreement suporsedes any and all other agreements, either oral or in writing between the panties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any pasty which is not embodied herein nor any other agreement, statement. or promise not cu.:tained in this Agreement shall be valid and binding. Any modification this Agreement shall be effective only if it is in writing signed by all parties. IN wIT:7ESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set fortt above: CONSULTANT Dates g CITY OF RANCHO CDCAmONGA T. Data mayor ATTEST: Beverly A. Authelet, City Clark Appro•+ed as to forms -. City Attarney Excerpt From The Rancho Cucamonga General Plan e ' k - r RIDING, HIItING, BICYCLING T,A'L5_ {; f opportunities exist within Rancho Cucamonga for the provision of trails for transportation 7, and recreation usage. Horseback riding, hikin0,• Jogging, running* walking and bicycling can all be accommodated In some r way within Rancho Cucamonga. ,!^ One of the secondary benefits of the many flood control channels lacing through the City is the availability or right -of -way for trail purpose These rights -of -way were once part of the Sat Be�nardlno County Recreatlonal Plan, providing for multl -pur- pose usage; 1 a. bicycles, hiking, and aaiiestrlan. In northern Alta Lama residential develop- ment has provided for equestrian use. How - e,er, there were no consistent design Stan- . dards employed resulting In Inadequate trail systems, and a fragmented collection of easements within various tract developments; the majority of which lack standard trail widths, uniform design, and development. Many trails empty Into the street or dead - and at walls, fences, ravines, or flood 1 control channels The Trails Plan deals with two areas; the resolution of existing trail problem . ern= within developed residential areas; and, a consistent policy for 'a trail system for new ;. development where appropl Ialo. Trail Concept The obJective of the trail cystem Is tc delineate an overall ratanrk of Intercon- necting trails which are Integrated wit. recreation areas, parks, open spaces, real- dentlal and commercial and Industrial areas The overall trail concept Is based upon thro• components: d• ., . Regional Multi- purpose trails I - Community trails ;y - Local Feeder trails -• .3t A. "he Regional Multi- purpose Trails' are th •'11 p- backbone of the system. They nare;;'re" -' t -rued, extended long •'distance, corridorsi.1 r ;,dry of i serve as the main connectors to thZ 110 u-,4t S�Pr• Mt -, •'4.:.i, s - tee' rylonal parks, scenic canyons, the national forest, other major open spaces, residential, oemmerelal and Industrial areas. The Community Trails provides the user with access to the Regional Multi- purpose Trails to cotmwnity iaciRtles such as Heritage Park, Alta LLxna Park, Bass Line Park, Elementary, J,,nior and Senior High Schools, Shopping Centers and the Regional, Shopping Center. Community Trails extard through the community along water w ,ys, utility corridors, public rights -of -way, easements, altd along streets having adequate parking width. Community trails that extend south- erly of•the shaded area of the Equestrian/ Rural Area, should not be required to pro- vide for equestrian usage - except In areas where continuity of the system Is needed. These trails form loops of varying length and act as the Initial link of unifying the existing disjointed Local Feeder Trails Local Feeder trails, not Identified on the eeuesrnlaxinuncL ant+ map, arm contained within subdivisions and EQUES RIAN enable the user access from their residential lot to the Community or Regional Multl -pur- pose Trail, residential neighborhoods, schools, and parks. Emphasis should be placed on establishing appropriate Local Feeder Trails at the time of subdivision approval or development review. 711 OBJECTIVE The objective below and subsequent policies In conjunction with those expressed in the circulation sub - element, shall be used to develop the Trail System. Provide an Interconnected system of riding, bicycling and hiking trails which,. - Have safe access and travel to neighbor- hood, city, regional parks; recreational facilities, scenic areas, residential, commercial and Industrial areas; - are aesthetically pleasing and create a •country and rural atmosphere±,. by Integrating natural' :.rem$ and urban D-4 f areas with well planned linear -open';- , spaces. - �� POLICIES o That the area as shown In the Equestrian/ Rural designated area provide for: - The keeping and protection of animals on private property, Including equine, bovine, cleft - hoofed animals, and poul- try. - Require that all development within the area relate to existing and future areas occupied by equine, bovine, cleft- hooted animals and poultry by providing trail connections through easements In of "dor to connect disconnected trails and for needed access to recreation activitle: - That all trail easement shall be main- tained through sr. active program of weed abatement In a neat and orderly manner on all developments. o The City should promote programs for Improving existing trails such as removing existing barriers on trill systems to make the trails safer, more functional, and accessible to adjacent trails. o The City shall establish a master trail system which provides for: - Regional Multi- Purpose Trails which con- nect m regional recreation areas, rest- « dentlal, commercial and Industrial areas - Community Trails which connect residen- areas, local activity een , and the TTT555rrr,,///lll regional shopping center and the Region- re th al Multi- Purpose Trail system - Local Feeder Trails which connect Inds- vldual residential lots to the Communit� „ and Regional Trail System. e The City shell facilitate the developmint-01 a Regional Multi- Purpose Trail System, ii shown on Figure Ill -7. All segments :At -4 system2 the regional Multi- Purpose trail',, equestrian• ;,.. shall be available for use as "�k * pedestrian and bike trails when feasible. y 'ryS .t /.r'i 3.� q• �- �a. 11,�2L[ - ^ �)•, <'� {� C i � �� � N �g�� tYir� � $¢¢ �� �� d7J J r..K.r M • 1-he City shall establish an agreement with San Bernardino County fo. the use and maintenance of the Flood Control Rights - of -Way for the Trails • Thu City shall esUblish an agreement with putlie end private utllitiec for the use and maintenance of utility corridors and Rigt.ts -of -Way fer trail purposes • All new development shall be developed in accordance with the Master Plen of Tra!Is and adopted City Design Standards o Trails shall be maintained on natural sur- faces and located along natural, physical features where ever possible o The City shall establish a Ila_on committee Including members from the local ridint, club, the Planning Cemm'ssion, the City Council, the City Staff and other memebers at large to review ell reldential projects in the City for trail usage. o Any new development should consider prior existing bicycling, pedestrian and eques- trian Access and traditional travel routes through the property. o Non - residential development should con- sider use of amenities, for equestrian, pedestrian and bicycling activltles such as hitching posh, benches, rest areas, drinking fountains and bike stands. o Whenever possible, along Community Trani, street trees and I.ndscaping should be ineludsd Into the design aajoin!ng the trails The pallet of trees shoulq conform to street tree strodards but be low main- tenance and drought tolerant, o The City Shall Consider a program for the maintenance, and where necessary, con- struction and rehabilitation, of Community Trails. o Whenever possible and feasible, the City shall require that all residential lots In the equestrian rural area have Local Feeder Trails on, the rear of the lot. l:4 D 'P SS P �. W loboolle ulong all 190001IMEBoJ11 a at/ 7 Excerpt From The Rancho Cucamonga Development Code Section 17.20.050 section 17.20.050 Egmetrtso Overlay District . j. A. Pia fe TM general purpose of this district Is to dntgnate an area of the City co Viep equlne, bovine and deft - hoofed animelu In addltion, the foilowtag outlines more specific purposes and Intents of this District: L 1. This designatioa Is intended to protect the ability to maintain such animals; r,. 2. This District is intended to promote a lfral/farm• character In an urban setting; t J. This DbWM re :agnizn and encourages the educational value derived from raL-Ng and maintaining such animals; and 4. This District recognizes the recreational value derived from raising and maintaining such W malr. B. District Boundaries. In addition to the aru designated in the Edwnds specific an, cat generally north of Banyan Avenue, beginning at the west City limits and going east to the future location of TNllllkan Avenue, shall be included In the Equestrian Overlay District and as shown on the Development District ;dap. C. Traltv. All new developments within this District shall be required to provide trr& &-(c =mwdty or local) in accordance with the adopted trails map of the $ General Plan, These trails gull be prsvided in order to develop or connect y discontinuous trcUf for needed access to recreational amenities such as the National Forest, equestrian facilities, regional parks and trails and community and local trails. Ali trails shall be developed in accordance with the City adopted -Equestrian Trail Guidelines% In addition, development of any trails shall Include provisions for continuous matntenanee. D. Animal B la�tions. The number, type and location of animals are listed in Chapter 1T.6g For this Code. The keeping of arlmals in this District shall be l consistent with these regulations. Within this DISWet, subdivision CC&R4 shall not prohibit the keeping of such animals, where the requirements for the keeping of sidd Wmals have been met. -156 - ■ r. r� s CITY OF RANCHO CUCAMONGA STAFF REPORT OATS: March 4, 1987 TO: City Council and City Manager PROM: Mark R. Lorimer, Administrative Analyst SUBJECT: APPROVAL OF RESOLUTION IM SUPPORT OP 37ATZ LT.OISLATION AUTHORIZING A PUPLIC VOTE TOR A COMFIT TRANSPORTATION SALES TAX RRCOMKINIATION It is recommended that the City Council approve the attached Resolution urging our State legislator's support of legislation autboriming ■ public vote for County Transportation Sales Tax. The San Bernardino Associated Coveraments (SANSAC) has requested that all cities in San Bernardino County adopt a Revolution encouraging our State legislators to join Assemblyman Jerry Seven and Assemblyman Bill Lancaster in support of State legislation allowing voters of San Bernardino County to vote upon a special sales tax for transportation projects within the County and within Rancho Cucamonga. SANBAC is timing for a November. 1987 public vote for a one -half cent Transportation Sales Tax. This issue bas already gained positive press coverage in She Wily Report. SARBAC intends on surveying County voters to determine the ultimate feasibility of the ballot measure. If the response is nega'ivc, the concept of voter approval will be reconsidered. Should the public response be positive and the legislature allow voter consideration, SANNAC (San Bernardino County Traffic Coaiaslon) will call an elections either special or general. The vote would call for a one -bdf cent sales tax in a fifteen year program which would raise sligbtl7 over a billion dollars in order to leverage against expected •tote and federal resources. She program would encompass half a dozen state highway projects (with gouts 30 totaling half of that), plus a local straet pass-thru and an addition arterial improvement program. Transit in not expected to be directly included in this program, but will benefit free reduced pressure on IDA funds for local street reads. -3�l9 yrsssportatiom Dales yax p•je 2 March t, 1487 DARM explains that tte Governor has endorsed a program of County -Inel sales tax and Oat he is coafortable vitb the majority public vote. In the event public response is positive and the Dta•- Legislature approve@ taking this issue to the voters, passage of a one-half cent sales tax vould look promising. i �+ laetgroard information from DLOAG is attacked for your reference. Should -. you have any questions regarding this issue, please contact se. F i sa IsL /dja P Attachments r i P k 4 J 1 Yni ,A S +mow.` l Y w ' lE' pPA '- Lk�i;�Ei:V�ee- `- .`- .?b:.�� =e _`:'~- t.�- +�`'S_l "� +'F��.'i, 1A 1 .. ,S 4 'i �" i�- C.�! °�^.'•;!t+,f 'e`-.SA'. G February 17, 1987 The Stn Bsmtrdlno County 7rt,Tapol a�Sion SAN BERNARDINO ASSOCIATED GOVERNMENTS A PLANNING COUNCIL OF COOPERATING INTERAME GOVERNMENTS 444 No.th Arrowhead Avenue. Suite 101 San Bernardwfi. CaBlomia 92401 (714) 9848276 To: City Clerks, Mayors, Council members Re: Transportation sales tax, Resolution endorsing enabling legislation for public vote As you all may know, through your SANBAO representative and press coverage, we are following a trail which should lead to a successful public vote in November 1987 for a half -cent sales tax dedicated to streets and highways in our county. On February 4, the SANBAG Board formally endorsed the egab�bBg_�ogjs3a�EpD and asked that individual cities and the Board of Supervisors do likewise Although the SANBAG Board, and many others, have actually gone beyond this step and are actively supporting voter passage of the tax measure itself, it's important to note that your city is not asked to take that political stop at this time. All we are seeking Is support for our legislative delegation to secure the enabling legislation allowing the question to go before the voters We do NOT ask for outright support (but we will later, if all goes well!). Assemblyman Jerry Eaves (D) has offered to carry the bill, with Assemblyman Bill Lancaster (R) as principal co- author. At the appropriate time, we will seek co- authorship from our full legislative delegation. The attached initial letter to our legislators may shed some additional information. Ile pledge to you the same full involvement in developing the program as is noted in that letter. Individual city support for the enabling bill will help encourage support from the legislators and put them in a posture of responding to local desires. We ask that your Council adopt the attached draft Resolution and send it, with an appropriate cover letter, to each of your state legislators Siacerely,n• Wesley vC. ((McDaniel Executive Director cc: Legislative delegation SANBAG Board members CL -87 -066 4 ;._ TMs San Bemanilno County Trensporrallon Commisdc7 SAN BE COUNCIL ASSOCIATED GOVERNMENTS A PLANNING COUNCIL OF COOPERATING INTERACTIVE GOVERNMENTS L 444 North Arrowhead Avenue. Suite 101 San Bemardtno. Caldornta 82401 (714) 8848278 February 17, 1987 Sent to: Senator Ruben Ayala Assemblyman Charles W Bader Assemblyman Jerry Eaves Assemblyman Bill Lancaster Assemblyman William Leonard Senator R. L. Richardson Senator Don Rogers Re: TRAN;PORTATION SALES TAX BILL, SAN IERNARDINO COUNTY (EAVES AND LANCASTER) Dear Senator Ayala: As you probably already know, since various people have been contacting you and the matter has already received some (positive) press coverage, we are aiming for a November 1987 public vote for a one -half cent transportation sales tax. This letter begins our formal communication with you, hopefully leading to co- authorship and support for the enabling legislation. Three counties have successfully passed such a special tax, and we would like to ,Join their ranks. San Diego has already decided to go next November, and we think our chances look good. We will be conducting a detailed voter survey in March before making a final "go /no -go" decision The press has been exceptionally supportive, with the Ontario Daily Report already editorialising directly in favor of the tax. Assemblyman Haves has offered to carry the legislation, to be principally co- authored by Assemblyman Lancaster, and we would appreciate your serionc consideration of co-authorship. We're using the Sun Diego bill from last year simply changing the names and omitting the transit portions. Assemblyman Eaves office will be uircvlating the ,Jacketed bill as'soon as it is available from Legislative Counsel. The game plan is to introduce it and stove it rapidly through the Leg•slaturs as we begin serious.polling to determine the ultimate feasibility of the ballot measure. If the feasibility poll is negative, we will reconsider the whole concept and the need for the legislation. (Note: This is a change. We bad earlier planned not to move the bill, pending the poll results. But a reconsideration of time elements compels the need to start it moving.) Cams W. ADNAMO, L%FWCw, am KAA tAAr. CIm,O.COLTOx rOMANA OMNO TrAN1Ca LAMA twoA MOMCtAat Uk MAmO.AMC,10 CUCMrONOA IMOLANXMALM%M SEWAAWtMW- 14MVICIDWOUL COLOM OF MN*MMWM !C The bill, and the basic approach, io simple. It designates SANBAG (with a new name for thin purpose, the San Bernardino County Traffic Commission) to call an election, either special or general. The revenue side and the expenditure plan must be put before the vi!ers foe majority vote before going into effect. We're looking at a one -half cent, 15 year program which will raise slightly over a billion dollarr, to leverage against expected state and federal resources. The program will be tight and explicit, covering half a dozen state highway projects (with Route 30 totaling half of that), plus a local street pass - through and a modest arterial improvement program. Transit is not expected to be directly included in our present thinking, but will benefit from reduced pressure on TDA funds for local street needs. We will be working closely with you as it's all developed, and furnishing you all of the ongoing information. Initially, this will include the critical survey results. Our two key elements at this stage are the poll, which will furnish the basin for an up -or -down decision on the November 1967 Onto and the, if the answer is affirmative, obtaining the enabling bill, which will require an urgency clause and thus a 2/3 legislative vote. The bill will need tc move quickly, since it must be state law prior to August, if we are to be on the November 1987 ballot. The Governor has endorsed a program of county -level sales taxes and we are informed is comfortable with a majority public vote, following last year's initiative adoption of Proposition 62, which wrote the Los Angeles test case into low. Nell keep you inrormed of developments, and obviously we're eager to answer all questions. Sincerely Wesley C. McDaniel Executive Director CL -87 -068 ■ RESMUr1ON NO. By -l+g- A RESOLUTICN OF SHE CITY COUNCIL Or THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MIGIHG APPROVAL OF SVIS LEGISLATION AUTHORIZING A FUIU.IC VOTE FOR A COME TRANSPORTATION BALES TAE WHER►A8, state and federal gasoline taxes and other transportation revenues are, and will continue to be, inadequate to meet our state highway construction needs, wen though we continue to receive our equitable share of those funds] and WHEREAS, our local city streets are in great need of additional revenue for rehabilitation and new construction, since torrent gasoline taxes are consumed by maintenance coats; and WMKAS, the state is encouraging counties to adopt transportation revenue of their own, and to iscressiugly rewarding those counties who have done so; and WSIREAS, a sound transportation system which keeps pace with growth is vital to securing new jobs for our residents, thereby reducing long commutes; and WHEREAS, three counties (Santa Clara, Alameda, and Fresno) have adopted such measures, and otbers are planning to do a,,; and WHEREAS, a one -half test Bales tax for a specified perioi of yevrs, to be spend on a outer- approved program of projects, appears to be the most fair and productive method of local funding; and WHEREAS, the San Bernardino Associated Governments (10E0) has initiated a program leading to a public vote for such a tax; and '? WHEREAS, the initial step requires passage by the state legislature and signature by the Covernor of an onabliag bill out orising the public vote. NOW, THEREFORE, ZE IT RESOLVED, that the Rancho Cocamonga City Council "f does hereby encourage those state legislators representing the City of Rancho Cuwonga, and the Governor of the State of California, to approve legislation allowing the voters of San Bernardino County to veto upon a special ales tax for transportation projects vithit said County and within the City of Rancho _ Cucamonga. PASSED, APPROVED, and ADORED this a day of +, 19a. * ALES: ROSS: '•+ n. AESATt asV CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March d, 1987 TO: City Council and City Manager r PEON: Nark g. Lorimer, Administrative Analyst r1 SUBJECT: AUTHORIZATION TO MCBASE DRUG EDUCATION MATERIALS axcamgux9A It is recommended that the City Council authorize the expenditure of 01,500 to purchase drug education buttons to be distributed as pert of the City's Youth Drug Awareness program. AlSiLUMA In the early part of November, 1986, the City Council authorized the purchase of 100000 "Hogs Not Drugs" buttons which have been distributed by the Sheriff's Department to youngsters In all of the elementary and juaior high schools. To date, all the buttons have been distributed and the need for an additional 5,000 is apparent. Should the City Council authorize this expenditure, staff will reorder 5,000 of the identical "Nags Not Drugs* buttons. These buttons specifically indicate that the program is sponsored by the City of gaucho Cucamonga. Should you bave any question@, please do not hesitate to contact me. NIL /dja 1 2 �� ry CITY OF RANCHO CUCAMONGA STAFF REPORT DATES March 4, 1987 TO: City Council and City Manager FROM: Jim Bart, Administrative Servlre• Director BT: Elizabeth Stoddard, Assistant Finance Director SUBJECT: PIIED ASSET PROP09AL RIODM7OVATr0w: It is recommended the City Council approve the valuation of fixed &seats proposal as submitted by Swope Valuation, Inc., and satborize the Mayor to sign said proposal. PACRCIOUMD: In September, 1986, inquiries were sent to three appraisal companies; American Appraisals, Marshall A Stevens, and Swope Valuatioo, Inc. Based on the Information provided by the appraisal companies. It"'s were solicited from two of the three firms; American Appraisals, Inc., and Swope Valuation Inc. After considerable di,eussiou with a representative from Marshall A Stevens, roe., it was felt this if= would not submit a RIP suitable to neat the City's needs. After careful review of both proposals, I feel it would be in the beat interest of the City to secure the firm of Swope Valuation, Inc, to perform the inventory and valuation of the fixed suet system. The following is a comparison of services performed. America* Appraisals, Toc. Swope Valuation Inc. Base using $500 9 5250.00 $ 4000.00 Capitalisation Program Disk IWAT Not Available $ 500.00 Report Format Standardized Customize Procedures. Manuals. Included B 1500.00 and Forms :.nnual Update Service 9 500.00 8 1000.00 open Ended Expenses Billed at cost — suggest not to exceed figure of $1500.00 none TOTAL 0 7250.00 8 7000.00 asp Included in the coot is the update service which we anticipate to be a one -tile -cost due to severe staffing constraints is the Finance area. This situation will be rectified by Kay, 1987. Updates of the fixed &meet system will be performed by City staff from that point forward. Funds were budgeted sad are available through the contract me" Ice account (1 -6150- 6028). Respectfully submitted, 'ZO pe ox-� Jim Hart Ldmtnistrative Se" ices Director JH:EB scv l C•. M • -- z a�e- I 1A A� ■ Swope Valuation, Inc. PROPOSAL for the INVENTORY AND VALUATION of the FIXED ASSETS Belonging to the CITY OF RANCHO CUCAMONGA, CALIFORNIA �SFs 3746 Ah W C AVEW, SUIE A • PO X 7548 LCU, BEACH CALKf"A GCo^74DW (2)3) 427.373 7 I' PURPOSE OF PROJECT T60 PrOPOsed service f Project for Provid o data ncho establish Cucamonga C Fixed Asset Accounting the City 11 a data fors al tfor nta, This Audit compliance Cost accounting Stewardship Risk management C• II, PROJECT SCOPE The proposed service 11 a complete Inventory and valuation of all fixed assets other than Infrastructure, owned by the City of Rancho Cucamonga, such as: Land Buildings and yard Improvements Vehicles furniture and office equipment Machinery equipment Communications equipment ' Infrastructure Includes streets, sidewalks, gutters, storm drains, traffic signals, street lights, trees and other landscaping on street right of ways, d Y F Ili. GENERAL INFORMATION It is the intent of Swope Valuation, Inc. to establish a fixed asset accounting system which will satisfy the requirements of the GFOA Certificate of Conformance Program, outside auditors and risk management needs. L The data is to be summarized by asset account within department and within fund. The data will also be summarized by location. This proposal is presented on an "option" basis. Each task in the procedure is identified. with appropriate alternatives and related fees, in order for the City to best utilize its funds and - eceive precisely what it requires. Swope Valuation, Inc. is prepared to perform the inventory and valuation, provide reports and training within six weeks of this proposal's acceptance and receipt of necessary data from the City as specified in Section VII. D (el .JF: IV. VALUATION PROCEDURES For each asset owned by the City, two values will be determined, original cost and replacement cost new. Original Cost - The cost or estimated cost of an asset, at the date it was first put into service, in- cluding material, labor and other appropri- ate charges. Replacement Cost New - The cost in current dollars of a similar new item having the nearest equivalent utility. For each asset, the records will bo searched to establish ori- ginal cost and data acquisition. If an original cannot be found, then it will be estimated using appropriate trend factors. Re- conciliation between the inventory and existing records will be made to provide an audit trail. LAND The City will furnish the appraiser with the cost, date of acquisition and description of all land p owned by the City. BUILDING b YARD IMPROVEMENTS Each building and yard improvement will be aooralsed to esta- blish a replacement cost new. VEHICLES The City will furnish the appraiser with the cost, date of acquisition, identification numbers of all City vehicles. ,•, 4 (A major portion of this may be on the existing im ntory.) u, : r•r i • � � pp4 � t 6 FURNITURE AND OFFICE EQUIPMENT 4' All hams will be physically inspected and inventoried. _MACHi11ERY EQUIPMENT w All Items will be physically inspected and inventoried. a .f j, i COMMUNICATIONS EQUIPMENT The City will furnish the appraiser with the date of acquisi- tion. make, modal and serial number of all mobile radio equip - ment. • J, h �?,.a .mmm V. PROCEDURE OPTIONS OPTION 2 All fixed asset data will be compiled on " 4sset Management Fi Systems" program "Asset Control ". The City will recaive a , Program disk with all data and all necessary documentation. Option 2 cost is $500. The City has an estimated 1,500 fixed assets based $100 capitalization policy. it upon a is estimated that the City would have approximately 750 fixed assets based upon a $250 capitalization policy and 400 fixed assets based upon a $500 capitalization policy. The following are the alternate cost. associated with inven- toring, tagging and valuing the fixed assets. There are cost given for Swope Valuation, Inc. performing all tasks and based upon using City personnel costs for tagging. OPTION 1 All wA by iy Inventory, Tagging 8 Valuation S.cae Valuation p eCi -biro $100 Capitalization lA $7,000 i8 $4,500 j Inventory, Tagging S Valuation IC $5.000 10 $3,400 $250 Capitaization Inventory. Tagging d Valuation lE $4,000 IF $,500 Capitalization $2,800 5 Optinn 1 includes all field inventory work, tagging, valuing and preparing accounting and stewardship -parts and c omputer { input. OPTION 2 All fixed asset data will be compiled on " 4sset Management Fi Systems" program "Asset Control ". The City will recaive a , Program disk with all data and all necessary documentation. Option 2 cost is $500. R OPTION 3 S' Swope Valuation. Inc. will provide the City with a procedure manual for the accounting of its fixed assets. This manual will cover all aspects of the asset acquisition and control. Included in this option is a half day trainirg session with City personnel involved in asset acquistion and control. All necessary data forms will be provided. Option 3 cost is $1.500. OPTION 4 4' Swope Valuation. Inc. provides an annual update service for fixed asset systems. This service provides several essential elements for maintaining a valid system: 1. Contributed plant separated into various components and appropriate costing and lifing is established. 2. The costs of new City projects are allocated among the components. ,y 3. Tha previous report is updated to reflect additions. r retirements. depreciation accruals and reserves. 4. The year's purchase orders and project files are re- - searched to Identify new capitalized items. S. New reports are prepared. 3 Option 4 cost is $1.000 for the update service for June 30. 1987 and then $1.500 for each year continuing through the June 30, 1991 update. .iy, p�li w- ,� ^ • ��I lit 4 VI. REPORTS Swope Valuation. Inc. will provide to the City of Rancho C Cucamonga accounting reports detailing the following account — Y' ing data: Description Quantity Location Date acquired Ecunomic life Replacement cost new Original cost Current year depreciation accrual Accumulate•! depreciation reserve s Fund Department b' i 5 �t .t" "s The reports will be as of June 30. 1985. r� ! w� f r'S ViI. PROJECT RE- aPONSIBILITY ao ` ±i It is the intent of Swope Valuation. Inc, to establish a fixed asset accounting system which will satisfy the requirements of the GFOA Certificate of Conformance Program and outside auditors. The system will allow for all proper accounting and necessary depreciation accruals. ;. SNOPE VALUATION, INC 1. Perform all inventory work. 2. Perform all necessary valuations. 3. Review purchase orders. current accounting files, auditor work files and project files for original cost data. I. Establish a lifing schedule for each account. S. Prepare cost data reports in accordance with Section VI of this proposal. CITY OF RANCHO CUCAMONGA 1. Identify and prcvide cost data for city owned land parcels. 2. Provide contracts and all data pertaining to the construc- tion of City structures. 3. Provide access to historical purchase order records. i 4. Provide tags. : } S. Provide copy of current asset records. ; -•� 6. Provide vehicle list. ' • 7. Provide mobile radio list. ao ` ±i r VIII. FEES The fee to Swope valuation, Inc, for services herein described are as follows: Option lA $7,000 1B 4,500 1C 5,000 10 3,400 1E 4,000 IF 2,800 Option 2 500 Option 3 1,500 Option 4 1,000 for 1987 1,500 Thereafter -., :ate a (a s, k + f a 4-T a, VII11. ACCEPTANCE t• This proposal 1s submitted in duplicate. You may signify your acceptance by endorsing one copy and returning it to me. The project will be scheduled upon receipt. is SNOPE VALUATION. INC. James J. Sw.pe , President T' Options: f, Are Accepted: City of Rancho Cucamonga. California By: Title: Date: 's+r a6F h � J Yr 's+r a6F r is JAMES J. SWOPE EDUCATION: Kansas City Junior Colluge A.S. - Enpi meerinq U.C.L.A. B.S. - Finance PROFESSIONAL AFFILIATION[ Senior Member - Am a riean Soctaty of Appraisers Licensed real estate broker - California APPRAISAL EXPERIENCE: General Telephone Company - Valuation Engineer AMARC Real Estate - Broker - Commercial - Valuation Consultant Marshall & Stevens - Senior Appraiser Marshali & Swift - Senior Construction Analyst Swope Valuation. Inc. - Valuation Consultant TYPES OF PROPERTIES APPRAISED: Public Utilities Industrial Commercial Public Agricultural Residential Vacant Lend TYPES Of AP'RAISALS: Real Estate Machinery Construction Water, gas, electrical. telephone & wastewater Light to heavy Offices, retail, medical buildings, restaurants & automobile dealerships Government buildings, schools. churches & historical structurat Farm land & packing facilities Apartments. condominiums, proposed construction, single family homes Industrial, commercial, farm, e residential Market Value & ad valorem - Market Value. value in use, 14,' orderly liquidation, farted liquidation & insurable valueeT M1. Cost verification i insurabl j Yti, value A,�: - qqqq - PARTIAL LIST OFQCLIFNTSSVope ort Reach R public sectorRSOryA(CY SERVED CIt 0 -LoaCo n�yv a414 ^aARO0 Ctty of S ny gee Sehool Cq CA C�t�y �11t•Lcn a- Cq Ot strict' Le4eyood, CI of CoV is• CA' ttT Sap dos ^ch erg 4j A AK Sap Rer a COeay ^ia• AX °J f ° ^YstdrU� lied 001 I V- CA Fspa Ba �erdlnl tQdi Sch chop Dist srt� C t CA it at of Q "nt Mary Ycho Instv-ra�ACA Ctut `o Qe : 6:�V°11e9e, Los Ange)ef AythorltY. CI Y ° 010 rt ka' CA CA C� of g A it of N °^ at CA �tlt • Y of ptch l and CAQr4• CA tY of arasoy • kA It 0 140 It asel CttY of AnecorQ•R0 k.0 city of ht Ivor. S. Mq Co Ct�y of kfater . CA Ct Lo to C' SQL MP led Co��an `yA Col)a9a, CA Co CA James J. Swope PARTIAL LIST OF CLIENTS PERSONALLY SERVED Private Sector Kaiser Hospitals. Oakland. CA Esco Steel. Portland. OR Pacific Medical Center, San Francisco, CA Vancouver Memorial Hospital, Vancouver. WA Caldwell Ganker, Los Angeles. CA Security Pacific National Bank. Los Angeles. CA Cushman- Wakefteld. Los Angeles. CA Trancor Industries, Irvine, CA Procto Inc., West Covina. CA C. P. National. Concord, CA Saint Vincent Hospital. Santa Fe. NM Hi -Shear Corporation, Torrance, CA Century Bank. Los Angeles, CA Irvine Medical Center, Irvine. CA Davidson Brick Co.. Perris. CA Tenenbaum -Hill Associates. Kansas City. NO Empire Bank Coast Federal Savings k" Glendale Financial Prairie Financial Pdci•'ic Funding Group Paw is Inland Bank First Federal Savings First Nationwide Bank w i T M t 0 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: Karcb 4, 1961 TO: Mayor and City Council FROM. Jim tart, Administrative $Micas Director SUBJECT: SIELZ AUDIT A Council receive and accept the Single Audit prepared by Lance, Doll and Lau{ hard, as representative of the City's Federal Funds expenditure activity. BACKGROUND: The Federal Covermaeat passed legislation in 1995, requiring ■ Single Audit on Federal Fund expenditure activities for local goveraent. The purpose of a single audit vas to eliminate the need for several seperate audits completed by each federal agency allocating funds. The City's Single Audit has been completed and is attached for your review. The only area of concern aeutioaed van the bidding practices for the selection of tvo consultants for engineering vorh. The concern has been discussed with appropriate staff and any future consultant selection rill adhere strictly to the federal requirements. zeap.ctively submitted. Jim tart Adxinistrative Services Department JE:cv X73 MIS CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: Marcb A. 1987 TO: City Council and City Manager TICK; Jim Hart, Administrative Services Director BT: Elizabeth Stoddard, Assistant finance Director SOBJECr: SMUG anvicss 119munumn9[i. Staff recommends authorization of Bank of America to service the banking requirements for the City. EACICRODBD: In July. 1986, the City of Rancho Cucamonga consolidated and transferred it's banking services to Back of America. At that time, a resolution authorizing the change was cot requested by staff because it was believed a resolutiun was already is place. passage of this resolution will correct the oversight. Respectively submitted, Jio�� t Administrative genicee Director JH:LS:m �d MCLUTIOR Ro. 67 - /0l A RUMMON Ol TQ Cllr or LUCRO CDCAM M MA AD7RORIZIDO TRR RSTABLISMONT Or MAKE ACCOU Vlg TRR BAR or AMQICA AND DSSICRATIMO eat rRRBCMM AMOUR; TO ACT On IOLy Or TMR CITT or eYC10 CUCUMA. handling W coordination CLt olfiRRanchooda;ea+nda desires the most efficient staff VMZU, the City of Rancho Cocamonga dssires to mati♦ the Most efficient mesas available to staff. you, TMRB}ORI, the City cl Rancho Cucamonga resolves as follows: 1. seeesury operating, checking and savings accounts any be sstabliehad with the Bask of America. 2. Computer linkage tbromgb BAMTRA: is authorized. 7. The Deputy City Treasurer is directed to establish any other procedures meeessary for the most efficient handling of the City of Rancho Ourenonge financial matters and authorised to Sign guy necessary contract• or documents. I- r) j Q 7 4 J CITY OF RANCHO CUCAMONGA ' -1 C STAFF REPORT 4? , DATZ: March i, 1987 b z >' � • tvn t City Council and City Manager rRa: Jim Bart. Administrative Services Dlr@cto ST: r Elizabeth Stoddard. Assistant liaaace Director BORJRC7: CU1iAttt�rler uev lolic�� It is reeommamded that the City adopt • Cayitallantioa r y which •eta the criteria of fixed assets at $300 or more and a Useful life expectancy exceediat one (1) you. Policy t Since lacoriwrstiem of the City in 1977. it han policy of th@ City to apical ire me fixed &@a these items been the 5100 or more and a Useful life expectancy #totethos I (1) yen,. i the maintain escalation of prices since 1977, it !a ao Seger advisable i to Ling • cayital:xatfsm minimum of $100. Cm Is NOlo•i recontible + Auditing and 7inamcial Reporting (CAME) •,loos • governmental " tat wit the option of and epitalization policy which best meet@ the weds o! ON City fplewist the parameters set forth by gener•Ily accepted accounting realistic and effective measurementicof ecapital5erp0emdditure@.IsB - or obtained verbal approval from our •aditimg tin. Lance, 3011 L LUnghard in it's effor a to raise the capitalization count• Respectfully submitted, Jim Bart Administrative Service Director F JB:ES:cv JI n I I T i• 3a 1 DATE: T0: FROM: BY: SUBJECT: ■ CITY OF RANCHO CUCAMONGA STAFF REPORT March 4, 1987 City Council and City Manager Russell H. Maguire, City Engineer Judy Acosta, Jr., Engineering Aide Li MaintenanceoDistrict No. 4 (TerralVista) astAnnexationt M No. 4 and setting the date of public hearing for April 1, 1987 It is recommended that City Council adopt the attached resolutions approving the Engineer's Report for Annexation No. 4 and setting the date of public hearing regarding the City's intention to annex the above described tracts to Street Lighting Maintenance District No. 4. Analysis /Background Attached for City Council approval is a resolotion declaring the City's intent to annex Tract No. 13191 to Street Lighting Maintenance District Ho. 4 for Annexation No. 4 and setting the public hearing date for April 1, 1987. Also attached for Council consideration is a resolution giving preliminary approval of the Engineer's Report for the subject annexation. ResD c i 1 submitted. RrM:VUdW Attachments a�7� � � e 1 D M y; HoWs wa +rYMr /►n s.aMf u,Y�40w�W 91MI n4 90Ml November 24, 1986 Ns. Linda Beck Engineering Technician city of Rancho Cucamonga Post Office Box 801 Rancho Cucamonga, CA 91730 RE: TRACT 13191 - TERRA VISTA Dear Linda: We hereby request Tract 13191 be annaxed to Landscape Maintenance District No. 4, Street lighting Maintenance District Mo.-4. and Street Lighting Maintenance District No. 1 (arterial lights). The scope of the maintenance for the landscaping is in accordance with the attached Exhibit A. The scope of the maintenance for the lighting is in accordance with Exhibit B. C ia11y, Administrativ sslst t BJB :kr:513n(1) Attachments .r MMM- i� r_ CITY of RANCHO CUCAMONGA Engineeris Report for Landscape Maintenance District No, 4 ANNEXATION NO. 4 for Tract No. 13191 (Terra vista Planned Community) SECTION 1. 1lutAority 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 This City Council has elected to annex all new subdivisions into Landscape Maintenance District No.4. The City Council has determined that the areas to be maintained will have an effect upon all lots within Tract 13191 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 recorded Nap as roadway right -of -way or easements to be granted to the City of Rancho Cucamonga. SECTION 3. Plans and Specifications The plans 4nd landscaping 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 sub3ect tract map or development plan and the assessment diagram for the exact location of the landscaped areas. The plans and specifications for landscaped improvement on the Individual development is hereby made a part of this report to the saes extent as if said plans and specifications were attached hereto. a 79 I SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by developers. Based on historical data, contract analysts and developed work standards, it is estimated that w maintenance costs for assessment purposes will equal thirty (5.30) cents per square foot per year. These costs be are estimated only, actual assessment will based on actual cost data. The estimated total cost for Landscape Maintenance District No. 4 as %+ follows: Existing Annex New zrs District No_4 Total Total estimated annual $192,586.80 53,960 5196,546.80 Maintenance Cost S'v rl: Assessment Units 1,504 74 1,578 Total Cost a assessment Unit for year and Month $196eO • $124.55 m 12 • 510.37 /mo. a 79 I Assessment shall apply to each lot as enumerated in Section 6 and the 4` attached assessment diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are designated ' for inclusion in th* maintenance district but will be maintained by an active homeowners association, Lhasa assessments shall be reduced. F SECTION S. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and ' labeled •Exhibit A', by this reference the diagram is hereby incorporated %.- within the text of this report. z SECTION 6. Assessment Improvements for the District are found to be of general benefit to all lots within the District and that assessment shall be equal for each unit. Where there is The City Council will hold a public hearing in June, to determine the actual assessments based upon the actual costs incurred by the City during the pprevious 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 of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. S" 3. City Council conducts public hearing, considers all testimony and k determines to Annex to the District or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the City Council_ S. Every year in Juna, the City Council conducts a public hearing and approves, or modifies aid approves the individual assessments. P, i, �4i;SF <y �e ✓�..'..': ".Sii: -3: ,i,�.Y.)•> � f . Y.,S _ 4'�? }is�v V: V ,.t Properties and iiprcraaients to he included within Annexation No. 4 to Landscape Maintenance District No. 4: TRACT 13191 MAINTAINED AREA TURF OURMW Se—.n. —YL. 74 Churci: Street 3,118 4,678 Terra Vista Picky 2,702 2,702 5,820 7,380 C a/ d r y:r I I 9 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.4 ANNEXATION N0.4 CITY OF RANCHO CUCAMONGA ^ b ��C ENGINEERING DIVISION VICINITY MAP 1 RESOLUTION No. 87 -I0a 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. 2 TO LANDSCAPE z MAINTENANCE DISTRICT NO. 4 w ` WHEREAS. on March 4, 1987, 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 said City WaEreporttin writing Engineer as called or filed with the said Act,Cwhichlreport 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 rep rt is sufficient, and that said report, nor any part thereof, requires or should be 7. modified in any respect. NOM, THEREFORE BE IT RESOLVED by the City Con.1cil 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 east of them are nereby, preliminarily approved and confirmed. SECTION 2sairheoh swa Assessment District referrto and descrR 1n d report, bndr es ofthbdivisionsofland within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of ' land in sai'd'x'essment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the E 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—Me purposes of all subsequent proceedings, and pursuant to the + Proposed district. w, p, gs3 t� r x,fi wi RESOLUTION No. 8 7 —/ 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT „J. 4, AN ASSLSSMEMT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 4 To LANDSCAPE MAINTENANCE DISTRICT NO. 4; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AID OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NON, 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: convenience reQu re anDestrfstton on mron oththis City Counellttoefon�a maintenance district in the City of Rancho Cucuonga for the maintenance and operation of tnose parkways and fac111ites thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of lightisprinkler g. structures. and walls in connection withssaidaParkwaays. ornamental located w Ei{hinroadw{y Location of andThlands aping described s ofwork Landscape Maintenance District No. 1 enumerated to the report of the City Engineer and more particularly described on maps which are on fi 4'. le in the office of the City Clerk, entitled •Annexation No. 4 to Landscape Maintenance District No. salal nssessment District: That the orordina moor, , n the op n on a sa y ounc , s o 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 cost, and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho tuclmnga included within the exterior boundary lines shown upon that certain *Map of Annexation No. 4 to Landscape Maintenance District No. 40 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. u v?&q RESOLUTION PAGE 2 SECTION 4. Report of E�Ingeet The City Council of said City by Resolution No. * has approve -tie report of the engineer of work which report indicates the amount of the proposed assessment; the district boundary, assessment zones, titled •Emilneer's Report, Annexation No. 4, Landscape Maintenance District No. 40 is on file in the office of the City Clerk of said City. Reference to said report 1s hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be collected ai—Me sax -Time n e sam manner as County taxes are collected. The City Enginenr shall file a report annually with the City Council of said City and said Council will annually conduct a hearing ur— said report at their first regular meeting in June, at which time assess& for the next fiscal year will be determined. SECTION 6. Tiri• on April T -1397; At tNe 9161 Base Line, in tho C1 any objections to th•, war and show cause why s11d r district should not be Intention. Protests must property in whicn each st the sane, and oust be del time set for thn hearin considered. If the signer assessment roll of San described in the protests, written evident that such and Place of tkarin : Notice is hereby given that our o p.m. in the City Council Chambers at ty of Rancho Cucamonga, any and all persons having k or extent of the assessment district, may appear Pork should not be done or carried out or why said formed to accordance with this Resolution of be In writing and must contain a description of the finer there.,f is interested, sufficient to identify Ivered to the City Clerk of said City prior to the g, and no other protests or objections will be e! any protest is not shown upon the last equalized Bernardino County as the owner of the property thea such protest must contain or be accompanied by signer is the owner of the property so described. SECTION 7. Landsca in and L1 htin Act of 1912: All the work heroin propos�fiall a om a carr 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 of Resolution of Intention: Published notice shall be'm-&-di pursuan o Section 61951 of e Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the sane, and the City Clerk shall cause the sax to be published 10 days before the date set for the hearing, at least once In The Daily Re ort a newspaper of general circulntion published in the City of ar o, California, and circulated in the City of Rancho Cucamonga, California. des a/y ORDINANCE 90. 308 AI OIDItAEOE Or Tit CITY CODNCII. Or THE CITY Or RANCHO CUCAMONGA, CALIFORNIA, MINDING TITLE 17 Or TIE RANCHO CUCAMONGA IMNICIPAL CODE TO REVISE SECTION 17.12.030Al2 — PARKINC LOT STRIPING WRINKLE, the City Council of the City of Rancho Cucamonga. California does ordain as follovat SECTION It The City Council bereby finds and determines the fol lowing: A. That the Flaming Commission of the City of Rancho Cucamonga, following a public hearing held in the time and mamer prescribed by law. recommends the Amendment to Section 17.12.030Al2 "Parking Lot Striping ", of the Developmwt Cc" as hereinafter described, and this City Council has held a public hearing prescribed by law acd duly heard and comaidered said, recommendation. E. That this Development Code Amendment. is consistent with the General Plan of the City of Rancho Cocanoata. C. That this Amendment is consistent with the objectives of the Development Code. D. That this Amendment to the Development Code will have uo eirnificamt environmental impact as pro7idod in the Neestive Declaration filed herein. SECTION 2s That Section 17.12.03OAl2 "Strlpin&" is hereby wended to read as follower Striping: All parting stalls& sball be clearly striped and 7ermaneutl7 maintained with double or hairpin lines on the surface of the parking facility with the two (2) lines located an equal of mine (9) inches on either aide of the stall sidelines. In all parking facilities, all aisles, approach lane+, sad mankuverin& areas shall be clearly marked with direecimal eeroup and lines to expedite traffic mavweut. SECTION 3: The Mayor ob,11 sltri this Ordinance and the City Clerk +ball cause the sae to be publisbed wiGtin fifteen (13) days after its pans&&* at least once in The Dsilt leacrt, a aavopaper of Several circulation published in the City of Ontario, California, and circuleted in the City of Reach* y, Cucamonga, California. PASSED, APPROVED, sac ADOPTED this day of , 1987. a .t : M-21 M CITY OF RANCHO CUCAASONGA tt MEMORANDUM 4 i A DATE: larch 4, 1987 TO: Mayor and !embers of the City Council FROM: Brad Butler, City Planner BY: Greg Gage, Assistant Planner - SUBJECT: ENVIRONMENTAL ASSESSMEi7T AND VARIANCE 86 -08 - SPETNAGEL - reques wa re a sax moat e g requ rdmen a 5 feet for a fixed radio antenna to allow an existing antenna to be extended to 72 feet on a .47 acre parcel in the Very Low Residential District (less than 2 dwelling units per acre) located at 5327 Carol Avenue - APR 1061- 111-19. I. RECOMMENDATION: Direct that the new application be processed for ann ng ommission review and Consideration. II. BACKGROUND: As a result of Code Enforcement, the applicant had na or 9 y sought approval of a Variance to allow the continued use of an existing fixed radio antenna tower, and to permit extension of the support structure from 50 to 70 feet in height. At its meeting on January 28, 1987, the Planning Commission denied the proposal on the grounds that there was insufficient ,Justification for approval of the request (see attached Staff Report, Part IV). The applicant is appealing the decision of the Commission on the basis that all pertinent data was not considered. Further, the applicant proposes to amend the initial proposal by. 1. Providing a retractable design for the antenna support structure; 2. Increasing the maximum overall height (extended) to 72 feet; and 3. Keeping the antenna and support structure retracted to less than 35 feet when not in use. The Planning Commission was not presented with nor discussed, uns amenaea request. 1 r D67 ;f +J . ". A•r4I iK CITY COUNCIL STAFF REPORT' Variance 86 -08 - Spetnagel March 4, 1987 Page 2 III. ANALYSIS: Based on State law requirements, the Development Code arm seen formulated to require Planning Commission review of Variance applications. Because the aPPlicant has amended his Variance request to one not reviewed by the Planning Commission, the City Council lacks ur sdiction prerequisites to act on the request as amended. 4Res, ly s ad, r er BB:GG:ns Attachments: Letter of Appeal from Applicant Exhibit 'A' - Vicinity Hap Exhibit '8' - Letter from Residents at $338 Perfdot Exhibit 'C' - Letter from Resident at 5330 Peridot Exhibit 'D' - Letter from Resident at 5325 Peridat Planning COMISSfon Staff Report, January 28, 1987 Planning Commission Resolution of Denial M" i'ruhL�.ey%, u3Y'. =ham'; 2.'^.'4,i'k 1.l*,r1a'r: " - -•-- - - ••_ -`% Dear Ms. Authelets The Planning Commission denied Rniromental Amessamest and .' Variance 86 -08 withort coasldering pertinent data presented to than !a nbotutiated documents and by oral testlooay. Also, the P*deral Coativaication Coulsslea's limited pre - eaptloa order PIS-1 was not considered by the Planning Commission. Therefore, I appeal the denial to the Rancho Cucamonga City Council. In an effort to maintain neighborhood hsrmoay and tranquillity, end because I believe the City of Rancho Cucamonga sad I can reach an agreement which will serve the city�a legitimate t purpose and will auogiisb ay legitimate commenicationa needs, I an *sanding dy original application of November 13, 1986 to provide for the followings That the actena support aa.ucture shall be of retractable design and will not require guy wires. That the antenna support structur* is capable of of b•iag fully extended to ■ height of 72 feat. That the antenna support structure will be kept retracted (anattended) when not in use. That the term 'antenan support structure* is defined to ones the tower mad does sot include to antenna mast or antanaas used to radiate radio frequency energy. That, when retracted, the antenna support structure, Including oast and anteanss will not exceed 35 foot as measured from ground level. ;V "4L �9 sa �1_ y , r' crrr'oF rir.::.0 c�.:•a..�..a February 2; 1987 AN etr Beverly A. Anthelat �.6�A,14,tlirtd4,Srd City Clerk City of Rancho Cucamonga P. 0. Sot 807 Rancho Cucamonga, California 91730 Dear Ms. Authelets The Planning Commission denied Rniromental Amessamest and .' Variance 86 -08 withort coasldering pertinent data presented to than !a nbotutiated documents and by oral testlooay. Also, the P*deral Coativaication Coulsslea's limited pre - eaptloa order PIS-1 was not considered by the Planning Commission. Therefore, I appeal the denial to the Rancho Cucamonga City Council. In an effort to maintain neighborhood hsrmoay and tranquillity, end because I believe the City of Rancho Cucamonga sad I can reach an agreement which will serve the city�a legitimate t purpose and will auogiisb ay legitimate commenicationa needs, I an *sanding dy original application of November 13, 1986 to provide for the followings That the actena support aa.ucture shall be of retractable design and will not require guy wires. That the antenna support structur* is capable of of b•iag fully extended to ■ height of 72 feat. That the antenna support structure will be kept retracted (anattended) when not in use. That the term 'antenan support structure* is defined to ones the tower mad does sot include to antenna mast or antanaas used to radiate radio frequency energy. That, when retracted, the antenna support structure, Including oast and anteanss will not exceed 35 foot as measured from ground level. ;V "4L �9 sa �1_ y , r' i 1 6• t C n That the aucseus support structure is to he s Tri -Et it Tower Corp.Hodal LM -470 a U.S. Tower Corp. Model T: -472 or HD; -372 or a tower of similar design. Should you require additional information. visage feel free to contact ■e. Sincerely, mo Cheri 4 LE. 5727 C.rol A., . Alta Los.. CA 91701 (714) 743 -9705 ys�' a� •;;��i � � .re's, i i i CITY Of, trernu �••�•��• •• -a• RANCHO CUCA1V10. \GA Triu nua• u•• PLANNING D(VM%4 ECNIIYT,J_SGLG- f ?S V V \YAtTH ■ •4 l i n Jaauary 22, 1967 Greg Gage Planning C "Misalns Rot uarlance 94-06 Rancho Cucasoaga Spetnagel 9320 Saga Liao Wad, Vaft 3 APN 1061 - 111 -19 Rancho Cucaoosga, Ca. 61701 3327 Carol Ara. Sir: This letter is is response to 70ur letter and to our telephone call to your office. Shorn Mr. Spetaagel put wit his raft• aatonsa last sooner, our radio has so mch static At variouo tisen that we cement; listen. He wort• seighboro aa7isg that the iaterfereaee world not affect wr radio or television. Well, it does$ Also? it does not de may justice to our beautiful vim of the sonst- ■ins. We object strongly to this astoanal�(y� 3336 Peridst Avenao Alta Less, Ca. 91701 (71A) 969-2494 Exhibit 020 —RECEIVED— CM OF RAMCM CJCUaMU PLVn/:lx orra.aM ID JAN 2' is i FU f January 23, 1989 o C• Prfor 5350 Peridot Ave. Alta Tor, CA. 91701 Gar Nr. Gass: o kaulf interference and others in q 1eishborhood bate noticed an inPreard aepl0lt • of !ntertaroee Sa our television and atereo reception for some moue nor. Use i' 11ufeel that the C�7 peered ion of the antenna oa Carol would be a treat r thl, fit• our reception Sa horrible non. Gore r all of rejecting this, u of ritht sov it L a terrible eye- , Pore Sor all of re, r 3ineere17 , r C �p� a {$ 4 Exhibit C. i —RECEIVE-:0— GIr 03 mrlcw C : WNOA PW.Nir= CrrL ON All AN 23 i ,i7 i it' v ,..et...� Caw e t ! lie .?^;yy E�rt.. / -.... may/ La��L. -ate J a-.• /p }- A�,, •byti. � y.� <', ^•/��/` -' JG(�C/'iw•�cl y •,t Rr �w �1 ( l J� v -.r II. DATE: T0: FRDH: BY: SUBJECT: C1Ty OF RANCHO CUCAMONCA STAFF REPORT `N JanuarY 28, 1987 s z Chairman and Members of COW..,,, 19n I the planning Ccssion Brad Buller, City Planner Greg Gage, Assistant planner EHYequ-1 TA1 ASSESSME/R AHD VARIANCE feet of we ve a max 86.08 _ SPETNAGEI antenna a fixed radio antenna e 9 requ resKn o 47 acre Parcel tIn height to tended low an existing than 2 dwelling the YerY Lew s1 to 70 feet on a Avenue . ApM 1061 111 Per acre) i n tf& 0fstrfct (less iS, at 5327 Carol see a result of fixed gad ?Proval of a Yartar for the antenna tower' A construction, Th. faPDlicant 1 I'* existing radio antenna f Staff as recoaMendfng that th, banns that the requfred Facts cannot D; met, code enforceinent allow the the applicant is though to the continued use of a PeritaVasileot9 Permit is required IS also requested obtained prior to •om SO feet to 7pproval to extend YartaIce request besot 1n height, for Finding necessary dented on the for approval A. General: The Development estaDilShes Derf hafght Installation he Very low Residential District as 35 feet, fie fht within t of the maximum antenna hefglrt of the base distr°nict ant which exceeds antenna :haul not exceed So feet in het er I use, and no hf eight full- provided • he as ae!asured tro: her than ;5 teat when tnl�seextended when lesser height feet indhef3ht,•andThe existing fanextended) lesser is not retrcGpenna 1 condition. g and is and in violation diserepanc by additional 20sfeet h tofnfncreaiaeSthe and su Y D Proposes Port structu D pose! by y xtendingotheeL teana lustff cation for the proposal height of 7 (1) That strict . the applicant has stated: As +round enforcement of the hafght re 1 relfabflity hardship with respect to qu remcnt antenna a9� Variance 5'I,1} -7 January 28, IbZ7 SPetnagel� Page 2 (2i nutt amateur radio is necessary emergency service; and a Y and (3) fob ^taut order he�lu.'safety,rand Melfire ftotlprotect the Public shopm to pDlconsider approval of m to a of awer9ency. ot,rcr propert/estinthis property which does a hardsdi hrrdshlP Aas be the same zone does not a p must to Property whteh M Identified whieA 1n OonsideringPegt°tr-ell the Very Low Residentfal°erally aPDlieabapplicable t other reVues is taposed in District, to the subject when .s In that pr approval ina excess SO'Vashee �artdasa Ip W utSelf. not In the 35 7:Ot height l,*It Federal C randM DPinfon the CO Ounicatfons Comisst Order adopted September faC111t1es, Taal regulatfe., (FCC d1s p6, 1985 Of the In gat dtolscusston Per Ctri 9ssetdo amateur Prremptiont,f C04rntcatMots: service the the recognized i radio Va Mons: for the importance Provision of eoergency lmltatf not, however, sDecifY a on Delo which a locelry Particular must bee nor will we zu99est government height for s a�taa in local ordfnancea� CISQ the Preelsu Ian that Dermlts, escepttons, variances, or 9ua a sat Placement Nevertholess. local °S rOec�ianf ' Screening egulattoncOnditfonal use Crafted safety, org'aeS height Of anti which involve and to to accommodate reatsanabl consfC?ratf based on acccmpifsAP ejxa, authotf�ty•i legs bile os regulation t In eeeeo d tt p eea9t�� ci ewed the FCC ruling Cl A reclude �Ce with the FCC ordeetenna regulations �tteermined that Provides Lour radio nlcvtsmn , neither th eveellOPme'L a 4ttoachedl, Code representing reasonable or satellite antenna dl doesn't hardshf and bia XInla` pF f regulation in°Itnfcatlons S. The Code P applicable the City, ompllshln while still toMer and otfo the Pro tY, and f0 9 tho aesthetic in Cetus Der in ; {in the absence of a and assatty Salts 'slnrctueelfsfes gh Mthenexisting legfttyt Ca!Cerni ofd the Ctprstre egr{t°°ofws A faci)ltfesharhe anted. 9ulatory Process, the soundness M Yarlance U January 28 Page 3 and c ade existing antenna Investigated. qy of the footings should be 8. Environmental As rorAW 6M CS ' and found has caap4leted Part II of the environment as a result of no'i9nfflGnt Impacts +PAroves the reque�nded. fence• theeissuance the Commission Declaration is recommended III. ALTEIWATIYE: Negative or one an alternative solut, t0 approving be consldered��aslgn of the exlstfng antenn cofluratl requested should extendable antenm pr0riding a fixed support structure with an achieved, while CC+Vlyin n+b Y effective e aeeunfcatfons could be velopment Code• g rith the applica6la IY, FAGS Portions of Lye FOR FINDINGS: The Development Code a "" ng Cw ss on lake certain Findings before ranted, Based on �equlres that the s lnsufftcfent the following faits, staff + Yarlance can be +pProval. .lustfftut/an W amke the believes that there necessary findings of 1• The existing antenna height of SO feet does not to the pDlicant-s height limit when not 1n use. Furthers the a ff would ncroase this discre tend the height to 70 feet 2. The Dancy, extraordfnaa 11<y was sePPlfupledtand not the to the as topography. ry conditions a 3• That the The Property, such special Privilege of the Variance would constlWte a Placed upon other inconsistent with the limitations nSt ea Properties in the safe district. 4• That approval of the Variance does not Cotentfal sa�ty the created as a unlnspected f msolva the 9• result of an Before granting ngs; a Variance, following findi the Planning Commission 1• That strict or literal tote shall make the lfftc specified regulation yroldtlon and enforcement of ty or unnecessary physical hardship fn Practical With the Objettives of the Development Cod@. inconsistent a D 9fi 0. 4 . VPLANNING "MISSION STAFF REPORT 86_08 - SPetnagel January 28, 1981 Page 4 2. That there are exceptional or extraordinary circuestances or conditions applicable to the Property involved, or to the intended use of the property that do not apply a generally to other properties in the Saari district. 3. That strict or literal interpretation and enforcement of the sppeecCffied regulation would deprive the applicant of the !4001 enjoyed by the owners of other properties to the tame district. 4. That the granting of the Variance will not constitute a g9rant of special privilege inconsistent with the limfistfons on properties classified in the same district. 5. That the granting of the Variance will not be detrimontal or Injurious Public health. f8pr vements in the vicinity.y. V. CORRESPONDENCE: This item has been advertised as a Public Nearing d n 11 Re rt newspaper, the property posted, and notices were son a property owners within 300 feet of the subject property. YI- RECOP GMTICN: Staff recommends that the Planning Coofssion deny e ar ante request and direct the applicant to pursue an alternative solution. fa tful lrd ubmftted, 8t Cfty Planner BB:GG :ns Attachments: Letters from Applicant Exhibit "A" - Location Nap Exhibit "B" - Site Plan Exhibit "C" - " morandum Opinion and Order of the Federal Communfcatfons COWSSfon, dated Exhibit •D" - September 16, 1985 City �Y Opinion Resolution of i ". 29 y 11 r a f November 13, 1966 .+ I an a radio amateur, licenced by the Federal Communications Commission to operate In the medium and high frequency bands from 160 to 10 maters. The amateur radio service hen, from it's inception In the early 1900's been involved with public service, technical experimentation and inter- national good -will. To accomplish these, an effective and efficient ancenea system is essential. Fusdamaatal antenna design requires, that, for an antenna to radiate efficestly, it asst be placed a minimum of one - fourth wavelength above ground. At the present tima, the lowest frequency band that I operate is the 80 mater band. (3.5 -4.0 WU). One - forth wavaleasth at this frequency is 69.4 feet. Malian" omtea" efficiency is of prima importance to ma because of the Physical location of By property. The mountains are approximately over half mile to the north. To achieve notable, coasiataat am reliable commsoicationa, "tan" Want have a free, unobstructed and low eagle of radition. All of these critera are met by mafntsinimy antenna height at one - fourth wavelength above ground. To summarize, an antenna perform net efficiently whom it is placed a minimum of one- fourth wavelength above ground. An officieat antenna system Is eesleacial to provide consistent and reliable communications, especially to the north due to the topographical barrier of the mountains. Therefore, I ask to have a variance granted to section 17.08.060 of Lhc Rancho Cucasiossa Manlcipal Code and be allowed to erect an antenna support structure 70 feet In helabt. This antenna support structure will be constructed using good engineer- ins practices and princlp&U and will pose no health, safety or welfare consideration. Char" les F. je1 3327 Carol Ave. Alta Loma, Calif. 91701 cc: George J. Rohrer, Attorney at law D. Craig Fox, Deputy City Attorney 300 Gras Gage December 23, 1986 Assistant Planner ` Planning Division City of Rancho Cucamonga SUBJECT: VARIANCE 86 -08 Dear Mr. Gages The following Information is provided as an addendum to my variance application dated November 17, 1986. The Federal Communications Commission recognizes amateur radio's necessity and importance to emergency communications in that it is specifically stated as a fundamental purpose of the sefvlce. Recognition and enhancement of the value of the amateur service to the public as a vol- untary noncommercial communication service, particularly with respect to providing emergency communications (1) World governments recognize the ability of the amateur service to provide disaster communications on a world -wide basis. That international disaster communications would be facilitated by temporary use of certain frequency bands allocated to the amateur service. That under those circumstances the stations of the amateur service because of their widespread distribution and their demonstrated capacity to such cues, can assist in sooting essential communication needs. (c) Local and regional amateur radio clubs ore continually involved in providing public service and emergency communications as evidenced by the recent Cerritos air disaster, the Mexico City earthquake, the Hands Across America and the Crape Festival. Since one of my areas of concern is to maintain a station available to respond in times of emergency, a hardship will be created without effective antennas. The mountains to the north create a radio barricade. A consistent, reliable and efficient antenna system is essential, aY 90/ Public service, public safety andI;emergency radio is excluded from height restrictions. (3) The purpose and intent of the Development Code is (in part) to promote and protect the public health, safety and welfare. (4) Tha Federal Communications Commission belleved that, because of restrictive regulations pertaining to amateur radio facilities, a limited preemption policy van warranted. (5) Local regulations which involve placement, screening, or height of antennas based on health, safety. or aesthetic considerations must be crafted to accomeo- date reasonably amateur communications, and to re- present the ■inimus practicable regulation to accoaplish the local authority's legitimate purpose. Thereforet This variance should be granted as it has been shown that amateur radio is a service that has demonstrated it's necessity and importance in times of emergency. This variance should be granted in that doing so is in sgreememt with the purpose and intent of the Developaent Code as amateur radio in continually engaged in public service and, in times of emergency, is regrilarly engaged in communications toe the purpose of protecting the public hemlth, safety and welfare. This variance should be granted in that strict enforcement would cause hardship with respect to antenna reliability. The full text of the cited documents are enclosed for your con - vience. If you require additional Information please contact me. Sincerely, �I Charles F. Spetnagel 5327 Carol Ave. enclosures Rancho Cucamonga, CA 91701 (1) CPR Title 47 Chapter 1 Part 97.1a (2) CFR Title 47 Chapter 1 Part 97 Appendix 6 Renolu: ion 640 (3) Developmant Code, City of Rancho Cucamonga Section 17.08.060 I(Ih (4) Development Code. City of Rancho Cucamonga Section 17.02.010 C }_ (5) FCC - Memorandum Opinion and Order - P1E -1 cc: Cearge J. Rohrer, Attorney at Law Ralph D. Hanson, Osputy City Attorney 3oa 1 _..a SITE .1 M a I i� " I w b WWNurAr nw Z 20 a a riK.RrW.. CITY f R LNUio C CA"vJaNUA Trm RANNING DWISON n•urn 33 .a�llt .SM �11r"Z 'fir monk )-il •q ZaMA M[taea 7w.e 0l 1 3Mtawl, C7wlw i 3=494 t µti twit "M 3Ait 714- 943 -73" fxar & #10410 I VvM46 Q�._iA d4tt Fi[t>i.�4 itlro[4C _, CITY Or trE\lt VARIANC RANCHO CLCANIaNGA Tm.ERAaLpS R-ANNING D(VIMN HXHRYTt.l_ [ i w- 4 R: R1 Before the Federal Communications Commission Too Washington, 0. C. 20554 In the Matter of ) ) Federal presmptlon of state and ) PR6-1 local regulations pertaining 1 to Amateur radio facilities, ) M CRAMOUM OPINION AND OaOra Adoptedt September 16, 1983 1 Relessadtaeptember 19, 1943 ey the Commlss font Commissioner Rivera not partitipating. f Aa11:11ICONaI I. On July Id. 19", the American Radlo Relay League, Inc, fM L) tiled • Rsquast for Issuance of a Declaratory Ruling asking us to delineate the limitations of local abning and other local and state ragv I4 -ory authority over Fedora Ily -I lcensed radio facilities. Speclticaily, the AM wanted an explltat statement that wowid preempt all local ordinances which provably preclude or significantly Inhibit effective, reliable amateur radio communications The MIL acknowledges that local authorities call regulate amateur Installations to Insure the safety and hoetth of persons In the ( corunity, but believes that those regulations cannot be so restrictive ' that they preclude effective smatror communications. 2. Interested parties were advised that they could file comments In the matter 1. With ewtems ", comments were due on or before flecembor 26, 1944 2. with reply comments due on or before Jeauery 23, 1963 3. i Over sixteen hundred comments were filed. -w i I Public Notice. August 30, 1964, Hired. No, 6299. 49 F.R. 36113. September 14, 1914. 2 Pu511e Notts, December 19, 1964, Mlewa No. 1491. a3 Order, November 6, 1964, Munro. No. 770. iri. � 3 LLS Ij�t"4dx'•.•`.',. _ice _t., - � 1,; At & or�M 3. Confllcts between amateur operators regarding redlo antennas and kcal acthorltles regarding restrictive ordinances era common. The amateer operator Is govtrned by the regulations contained In Part 97 of our rules. (, Those rule f do not limit the Might of an amateur antenna but they require, for aviation safety reasons, that certain FM notification and FCC approval s i p•ocedures must be followed for antennas which exceed 200 Mt In height above ground level or antennas which ere to be erected near airports. Thus, under FCC rules Same amateur antenna support structures requlra obstruction narking and lighting. on the other hand, local mnicipflittes or governing bodies frequently enact regulations limiting antennas and their support i structures In height and location, •.g. to side or roar yards, for health, safety or as atleYC consldarattons. These limiting regulations can result In conflict because the effectiveness of the Comwnicatldns that amanata tram an amateur radio station are directly defendant upon the location and the height of the antenna. Amateur operators maintain that they are precluded from operating In certain bands allocated far t"IF use If tM height of their antennas is limited by a local urdlnsnea. a. Examples of restrictive local ordinaries were submitted by several msteur operators In this prccooding. Stanley J. Clehy, San Diego, California, noted that In San Diego amateur radio MTannea coma under a structures ruling which limits building heights to 30 feet. Thus, antennas there are also limited to 30 fat. Alexander Yronlos, Mundelalno Illinois wrote that an ordinance of the Village of Mundelein provides that an antanne mat be a distance from the property line that Is squat to ohs and mine -half tines Its height. In his Casa, he Is limited to en antenna tower for his amateur station just over -13 feet In height. 3. John Ce Chapman, an amateur living In Oloomington, Minnesota, commented that he was not able to obtain • `ullding permit to Install as amateur radio antenna "casding 37 feet In helght because the Bloomington city ordinance restricted 'structure" heights -0 33 Mt. Mr. Chapman sold that the ordinance, when written, undoubtedly applted to bulidings but was now being applied to antennas In the absence of a specific ordinance regulating them. There were two cptlons open to him it he wanted to engage In amateur communications. He could request a verlanc• to the ordinance by way of a hearing before the City Council, or he could obtain affidavits free his neighbors %rearing that they had no objection to the Jroabsed antenna instsiiatlon. Ma got rho building permit after obtatnlng t ^e cooperation of his neighbors. His concern, however, Is that to had to gar ;eralsslon free several people before he could effectively angm:a In radio coemunlcatlons lot which he had a valid FCC amateur license. :t 3 d. In addition to height restrictions, other llmlts.are anrrdN by local Jurlselctionf- 401-cllma devices on towers or fences reW_, . thsmH AIAIWM'dlstanees.frem high voltage peer IInes= mInlmw•dlstanees of towers from prgerty IIneH ash regulations perteinln9 to tM struetwrsi anuMMss of the aatedha Insta!tatlon. By ash large, awtsors M net it tnafa safety precautions objectlnnable. What they do object to re.Ma sometlrs prohibitive, non- refuMWla application filing feae'ta obtdp.c prmit to Tact on antenna installation and those provisions Wrdlnshees which ragulate antennas for purely "eho -le rease». the'ametears eontend;�e almost unlverw:ly, that -beauty Is In the aye of the beholder.* they as that an antenna installatlon Is not more aesthetically displeasing than other aaJects that people Aaq on thalr-pr*Wlry, e.g. motor home, trailers, pickwp trucks, edlr collectr$ and gardening gwlprnt. la.afrlef lwm Cewawmwte -- ;'. 7. trteur *graters also oppose restrictions m their eaefaur -, tag° aerations which arm contained In the dead• for their hwf,r In their Y apartment Iwsw. Since thaw restrictive covenants era contractual ii ogroewnts between private parties, they are not S~&I ly a aWar 5 of concern to the Commission. However, since some amateurs she " cownented in this proceeding provided we with examples of restrictive �± covenants, they are Included for Information. Mr. Eugene 0. Thames of Hollister, California Included In his comments an attract of the Declaration of C4wenaats and Restrictions for Illdgemrk Estates, County �z of San Semis, State a' California. It providesi :o _ No anteona for transmission or reception of radio signals shall be erected outdoors for use by any dwelling unit except upon approval of the Directors. , No radio or television signals or any other form , of electromagnetic radiation shell be permitted to rlillWO tram any led which may unreasonably ' Interfre with the reception of television or radio signals upon any other lot. ., a'• WrshalI Wilson, Jr. provided a copy of the restrictive covenant contained In dead& for Ma Sell Martin Addition 12, Irving, Taxes. It Is binding +r, upon all of the owners or purchasers of the lots in the sold addlttan, his or their heirs, executors, e.'mlnlstrators or assigns. It rude No antenna or tower shall be arwctod upon any lot •m for the purposes of radio operations. ►Illlem J. Hamilton rssicas In an sosrr..enr ou Iding In Gladstone, Missouri:{; He cites a clause In his Leese prohibiting The erectlen of an antenna. Htl i 307 r . states that he has bean forced to give up Operating amateur radio equipment emcept a head -held 2 meter (1.44 -146 Mfa) radio transceiver. He maintains that he should not be penalised dust because he Ilvss In an apartment. Other restrictive covenants are Ins global In scope than those cited above. For example, Robert scab purchased • home In Houston. Texas. His dead restriction prohibited - transmitting or receiving antennas extending above the roof line.* a. Aswiteur operators generally oppose restrictive covenants for several reasons. They maintain that such restrictions limit the places that they can reside It they rant to•pursue their hobby of amateur radio. Some state that they Impinge on first Amendment rights of free speech. Others be l lave that a constltutlonel right Is being abridged because. In their vlw, everyone has a right to acme the airwaves regardless of where They IIva. 9. The contrary belief hold by housing subdivision Commenitlas and 1 condwinlmw or hameowearls associations Is that amateur radio Installations constitute safety hazards, cause Interference to other electronic equipment which may be operated In the nor 11e10031ons, radio, stereos) or are eyesores that detract from the aesthetic and tasteful appearance of the housing development or aprtaent complex. To counteract these negative consequences, the subdivisions and association• Include In their deeds, Ieaaea or by -:ays restrictions and limitations Ml the location and height of antennas der. In same cases, prohibit them alfogsther. The rsstrictive covenants are contained In the contractual egrwwnt entered Into at the time of tae eale or lees* of the property. Purchasers or lessees are free to choose whether they wish to reside where such resfrlctlans on amateur antennas are in effect or settle elsewhere. 10. The Department of oafense 1000) supported the AM ant emphasized In Its ccaronts that Continued success of twisting national security and emergency prepareannss talr_arunlutlons plans Involving amateur stations would be suvrrely diminished If state and local ordinances were allowed to prohibit the construotlon and usage of eftactive amateur transmission facilities. 000 utilizes volunteers In -hb Military Affiliate Radio Service IMARS)a. Civil Air Patrol (CAP) and the Radio Amateur Civil Fcergenay Servlde (RAC£S). It oolnts out that those volunteer comaunlcators are operating radio equlpzent Installed In their noes and that undue restrictions On a BARS ;t eo,al) uecsr ••,I auaplCn of the ml I lTary wnidl rocrults volunteer rataur cpsrators to rancor saslstaftCe To It. The Cormltslon Is not In•cl.q 11 the VMRS program. '_ ' 3o& local Or11 „palsivauthorf th -, r"lv effect their fttorts. ptb local tiMCU haters of t national tel 1 erfer0 With the *to Yafw Yould bet sfeha iha} acommwrlcatlOn resources. Ktiveners of thep Important it dealing ulthef Jlofts far local Me ;t 000 tau rt the issuance ruling Wiwi stations. etc Ter ory badly when a ru g eloaelt tAe ARik shrepwat fothe A,4,lc n ReduCross also c and os ppert the � , it all as+tcur radio voluntaer�tive ruling. fie R. Cruse works that Its P Ort• dlsaster relief It believes that wlthou} antenna habllity tO serve diaas Operations Would $lgnlfleM }I amateurs, gilt limitations that victims would De halitred. Y aMffer and ssBa l =a C11,105 Kt the serutce now l9Mil...Oysed fir local bodies *11, the} n'�nommentssupport rahel"RKt� varrWSfPart. Of the Units$ Staten rspresentatives KfOt' Ot CIv11 aims: pp era p eemption rail ItN .Ir • art Arthur. Tawas are�� the CAivil OetMSS program Mays a vital role with design of three antenna Mdn Port Arthur and Ira to Our ability towers hods of disaster. % To comwn(csts during }toes We do not believe tiler” should be any restrictions safety PrKPution� f Voors MKCMt for resk'Aable and tornadaa are r Vey pieal ttarq, hurrteable Cult Cast and good cr f ilh Rare on the lamas essential whM unleatlans are ache T absolutely sure so during rocov" for a hurrteMe end wen hurr( an: has past. Operations after the in favor of t Quarter CMO : Ml raises Association toot • strong stand In favor of n . Irt@r radio Installs &Cas� so that etheriT rill Da uniforallty laves that Fail the la. in Its coeeentrlvafe property Throughout the Unit.d States. jurisdiction ortlon f preespttherARRL argued that the Cartsston has frestrrte or O argue Ian 10 al Dlntetestandardtlnmpraue"pt oa ouei Iscations•reItlsnld S which warranted on p s given re;ulafton, ° the *4tant of state and warranted Federal gals. Its pmsftlonarrar ire Impact of that Operations lhaDKnlotsamihur eonmunleiulati The relate sadvw5sllyl o tAe ARRL maintains that _d ;, 309 6 h � ' t - " localities routinely employ a variety of land use devices to preclude the Installation of effective - aateur antennas, Including height restrictions, conditional ude permits, taildloq setbacxs and 410»n610681 llaltatlons bn antennas. It -sees a declaratory ruling of Federal preegtion as necessary - -- to cause municipalities to accommodate amateur operator needs In land use Planning efforts. 13. JL=as C. 01 CoaAal 1, an attorney wMf has re canted several amateurs before local zoning authorities, said that amateurs to seek vrlances or special use approval to erect reasonable antennas unduly restricts the oparatlon of amateur stations. He surested that "a Commission preempt zoning ordinances which Impose esrenne height limits of less than 63 feet. He said that this height would represent a reasonable accommodation of the communication needs of met amateurs and the legitimate concerns of local zoning Authorities. -• - ` Qeaaelam r,. MAtA Id. The City of to Hess, California has a zoning regulation which controls amateur antennae. Its comments reflected an atterpt to reach a balanced view. This regulation has neither the Intent, nor the effect, of precluding or Inhibiting effective and reliable ccreunlcatlons. Such antennas may be , built as long as their eonstruetlewl does not unreasonably blocK views or constitute eyesores. The reasonable assumption Is teat there are always alternatives at a given site for different placeoent, and /u' methods for as thetle troatment. 7M6s, both public objectives of controlling land t use far the public health, safety, and convenience, - and providing an effective comounlcatleas network, " can be satisfied. A blanket ruling to completely set aside local control, or a ruling which - scognlas control only t for the purport of safety o• antenna coastructlen, would be contrary to ... legitimate local control. 17. C;oments from the County of San Olego state, khlle we are aware of the 9snaftts provided by amateur operorcrs, we oppose trio Issuance of a praamption rullcg Which weuid elevate 'antenna , effectivenesst to a position above all other considerations. We must, hodsvor, trout that the -1 g aR 'a S I 'N ;V - T local government must have he ability to place reasonable limitations upon the placement and configuration of amateur radio transmitting and receiving antennas. Such ability Is necessary to pefure that the loco° decision- makers have the authority to protect tM public health, safety and welfare of all citizens. in coaclusloa, 1 would like to emphasize an I■p,vtant difference between your regulatory powers and that of local governments. Your Commission's approval of the preemptive requests - would establish a 'national pollcyl. however, any _'- regulation adopted by a local Jurisdiction could -. be overturned by your Commf salon or a court If such regulation was determined to be unreasonable. Ia. The City of Anderson. Indiana, summarized some of the problems that face local comunitleu 1 am Sympathetic to the concerns of these antenna owners and I understand that to 9411% the maximum reception from their devices, optimal location Is necessary. However, the preservation of residential zoning districts as Illveablew neighborhoods Is Jeopardized by piecing these antennas In front Yuji of hones. Major problems of public safety have been encountered, particularly vision blockage for auto and pedestrian access. In addition, all communities are faced with various bulldthg lot sizes. Many building lots are so small that established setback requirements (Ia order to preserve adequate air and light) arm vulnerable to the unregulated placement of this* antennas6 the exardlsa of preemptive authority by the FCC In granting this request would not be In the best Interest of the general public. ' i 19. The National Association of Covntlsa (MACC), the Amerluu Planning Association PAPA) and the National League of Cities MCI all Opposed the Issuance of an antac-s pros= tlon ruling. NiCO emphasized that 7 federal and state power must be viewed In Iwreony and Warne that Fedor at Intrusion Into local concerns of health, safety and welfare could waaken '• the traditional police power exercised cy the state and unduly _laterfsre• with the legitlma/e activities of the states. NLC believed that both 1 1 311 ? .i ;:.itch :'- t"S :ti.- :.r <• - +; `S _.'�...... - e _ ,e. r,*-it+:. tom: N federal and local Interests can be accommodated without preempting local authority to regulate the Installation of amateur radio antennas. The NA sold that the FCC should Continue to leave the Issue of regulating arotsur antennas with the local government and with the state and Fudural courts. 20. non considering preemption, we must begin with two constitutional provisions. The tenth amendment pravades Mat any powers which the constitution tither does not delapate to the United States or does not prohibit the states from exercising are reserved to the states. Thant are the police powers of the status. The Suprovocy Clause, however, provigas that the constitution and ti/0 law• of the United States shall supersede may stet law to the contrary. title III, Section 2. Given these basic premises, state laws way be p opted In three vayst First. Congress may w.pressly preempt the state law. Set Jar•• v. Fath Pa•y inn Ca., 430 V.S. 319, 327 (1977). Or, Congress may Indicate Its Intent to completely occupy a given field so that any state law wicamPassed within that field wculd lopllclty to preempted. Such Intent to preempt could be found In a tong- esslonal regulatory scheme that was so pervasive that It would be reasonable to assume that Congress did not intend to Permit the states to supplement It. Soo ridmm Fe 11 4viwe+ a lea• Aaa1a V. Ar Ia Cweata, 436 U.S. 141, 133 (1932). Finally, preemption may be warranted when Stitt law conflicts with federal law. Such conf llcts way occur when "compliance watt. both Federal and state regulations Is S pnyIC l twoossiblllty," Fl o,14& 1 - t A-ee n 373 U.S. 132, tat, 143 119631, or when state low "stands as an obstacle to the accomplishaent and execution of fen full purposes and objecftves of Congress," Hines v. oavidevitr, 312 U.S. 32, 67 (1941). Furthermore, federal regulations Nw the same preupflve effect as federal Statutes. f ldality Federal Savinr• 1 Lean Aaaneiatlen Y. e• la Ceuta, `uar :s 21. The situation before us requires us to determine the extant to which state and local loning rtgulat one may cant llct with federal policies concerning amateur radio epen.tcrs. 22. Few ratters comity before us present such a clear dichotomy of viewpoint as 4043 the Instant Issue The cities, counties, local coravnities and nousing associatlans sus an obllgstlon to all of their cl•lions and try to address 'heir carcerns. This Is accomplished tnrough ragulariens, ordlnaroes ur covenants oriented toward the health, sefety and general welfare of ?nose fney regulate. At the oppoelta ,o14 art the Rndlvidu3l er3teur a.tra-ers and their supocrt groups who are troubled by toe31 replsrl-�no wn:Cr. =my Innl3lt the use of aauta,lr orations or, In stag I•srt—vz, toTally precluoe swateur corcunicsfloes. Aligned with The cperators a-e such artltles as the Osportmerr of Defense, the American pad Cross and ccal civil defense and emergsney organizations who hors faun! In Ararour Radio a p001 of ski l ltd radio operators and a Rr • -fix 31P I 9 readlly available backup'network. In this sltuarlon, we believe It Is appropriate to stlke a balance between the federal Interest In prcmoting amateur operations and the legitimate Interests of local governments In regulating local zoning natters. The corners.one on which we will predicate our decision Is that a reasonable accownedatlon may be made 1 tat.sen the two sides. 23. Preemption Is primarily a functlon of the extent of the conflict between federal and state and local regulation. Thus, In considering whether our regulations or policies can tolerate • state regulation, to may consider such facto.•s es the severity of the conflict and the reasons underlying the state's regulations. In this regard, we have previously recognized the Iegltlmate and Impertant state Interests reflected in Iccai • zoning regulations• For example, In Earth Satellite Communications, Inc., 95 FCC 2d 1223 (1983), we recognized that . countervailing state Interests inhere In 6_ the present situation . For example, we do i not wish to preclude a state or locality from extecls;ng Jurlsdletlon over certain elements of i an SNATV eperatlon that properly say fall within • Its sethorlty, such as zoning or public safety 1 and health, provided the regulation In question Is " not undertaken as a prated for the actual purpose of frustrnt'ng achievement of the preeminent federal "Joctive and so long as the non- federal regulation is applied In a nondiscriminatory manner. • 24. Slmllarly, » recognize here that there are certain general state and local Interests which nay, In their even -handed application, ' legitimately affect amateur radio frcliltles. Nonetheless, there Is also a strong federal Interest In promoting a[Atsur communications. Evidence cf this Interest may be found In the comprehensive set ct rules that the Commission has adopted to regulate the amateur service. Thne, rules set forth procedures for the licensing of stations we operators. frequency allocations, to en(cal standards which amateur radio squipmer- must most and ooerating practices which ladles operators must follow. M9 recognise the Amateur radio service as a •voluntary, noncoaverclal communication service, particularly with respect to providing eeergenc• - Communications. flpreever, the amateur radio service provides a reserve: ( of trained operators, technicians and electronic experts who can be C31 tc on in tleds if national cr kcal ercrgencles. By Its nature, the Amat•,.r • Radio Service also provides ihw cpportunity for Individual operators to further Interr;tlonal gcodwlll. Upon weighing these Interests, we S ST CFA Part 97. �q e 31.3 �e2"+"yp�xi�t i to believe 'Wad prsamptlon policy IS warranted, State end local regulatloas that operate to preclude eaateur comnwn loaf Ions In their cdwunities are In direct cocflict with federal objectivos and must be pro"Tod. the 25' aft4use amateur station c "ftnleatlans are only as effective as employed, ootenna hilght restrictions directly affect the configurations ""Irs moue substantial s •Inasf�ltetaa+arthan teothers if they an to provide the amateur operator with the comaunlcatfans that h ✓aM deslras to angage In. For example, an antenna array for International eatawr commaicaticns wil l differ frog an antenna used to contact other amateur operators at shortrr distances, Me will not, however, specify any particular halght ,laltltlon below which a local government ay not rogulato, nor will we suggest the precise language that must be contaired deo.neer special u aj variances, coodltlonal pits Ievortho lass' lKrag fona Mlch Involve platoon•, screening, or height of antennas based on health, safety, a�aatounc�oown cations, lad tto rreoresan` th talnlmu� praiticable regulation Ito xeoptlsh ins local autborltyls legitimate purp0 ". 26. ObvicustY, we do not have the staff or finsnclal resources to review all state aid local laws t`•.t affect aaatsur operations. We are confidant, howovo -, test stare and local governments will endson to t aor4l tanterwst restakethere and rermaylavotdsunnKes MrY ethe Important fodaral poi ur as valr •s tla- consuatng and expansive Itttgatton In this noon. Amateur oper. tor: tno oeliave that local or state governments nave loan cvorr•xhr,I - . �•e -t•y have orKluded att bring at0 earnaunlCaTlons goals, M apllshmant of ?help bring our policies to The attention Yofildtal ltrlaunals and this fdocument to 5 wa rartararw rhat our ruling eoroln Coos not reach restrlattve Covenants In private contractual agr000ents. Such agrasaents are voluntarily entered 'to by the buyer or tanant when 06 agreamint is oxocutod and do not sually concern this comwisslon. 3i(l _4r. 1 S 11 IF. Accord lreyly, the Rpaest for Oaclaratory Ruling filed July 16, 1961, py the AwIcan Radio Relay League, Inc., IS GRAMED to the extant Indicated herein and, In all other respects, IS DENIED. FEDERAL COMIMICATIONS C"ISSION William J. Trlcariao Secretary 3/:; <y s � � � * .�RE�EIVE • • C ��� �� OCT 2? 198v � � "J lflLlll2j3i41$18 wuYae. owe <�.e <rwrtw c.clt i18�91 1 rowrY ,spew YYRt lYI.11tYW . C .O\ IO tO .Ya.Cw V ..Cb Yfu ua.Y o Y•Yww wwc•.w fawY,• vwa•.oca O_ C.0 M. IM 110.010. a fQt.wOYC Ytll tb •]1n Yu,w• a0 apalM r October 2C, 1986 1. George J. Rohrer " Attorney at Law Rohrer i Holtz A Professional Law Corporation 1021 North Brookhurst Street suite 126 Anaheim, California 92801 Re: Charles Spetnagel :ear Mr. Rohrer: Thank you for providing this office with the federal and state authority dealing with amateur radio antennas. The federal case, in particular, was enlightening with regard to the FCC'a limited preemption. That preemption appears to be identical to their earlier announced preemption dealing with satellite dishes. CI After reviewing the text of the FCC's preemption as stated in the Thernes case, the present question appears to address itself primarily toward development standards applicable to the City of Rancho Cucamonga. More specifically, although the. FCC has imposed a limited preemption dealing with regulation of amateur radio antenna heights, it is the opinion of this office that existing regulations, arguably impacted thereby, are not rendered invalid unless the public entity is unable to articulate a legitimate health, safety or welfare interest furthered thereby. This is not to say that specific reasons for an antenna height limitation, for example, need be articulated bsfore such a standard is imposed. It is our position that the requisite health, safety or welfare consider- ations are implicit in the 50 foot height restriction, just as such concerns are implicit in any number of structural requla- tions and standards. Lt d f t r �r t r r George J. Rohrer October 2o, 1986 Page Tro Cucamonga ljuunlripale Code o generally familiar with the mal• provide soon turthorIrellefofor7.04.040 dealing anc:,o varS.anees, the Procedure is p dedytur client, g with variances- the topographical n order to cc with all a Particular place or other phyTical conditions With the Property. In thn event you aPeculiar co copy of ChatvsactFonof of 17.04.000, we have to Lnfamiliar Your use, enclosed a To sced bl. the although we acknowledge the ltn:tdd pzn- ivvalidates Section 117.08p060 ws do not believe that Code dealing with antenna 0 the Rancho Cucemon its language Of that section mi•at height. Relief from the re uric -psi variance y Pcsalbty be obtained throw the Use of Procedures availahle. 9h the use of length. Should yoo care to discuss this ruatt"r at 9 please do not hesitate to rontcct the underaireater convenience, ni nc fool free to discuss this tarter e Your convenience, gnei at your With City staff at DrF: 1 j 1 Encl. cci Brad Buller, City Plannar Very truly yours,. 0. Craig Fox J Dputy City torney Ci f,t ty of Rancho Cucamonga N i Y=ip r RESOLUTION NO- 87-17 t A RESOLUTION OF THE RANCHO CUCAMONGA PLAMNINti CCMMi55I0N OENTING VARIANCE NO. 16 -01 TO WIVE THE MaXIMW HEIGHT REOUIRMIT FOR AN ANTENNA LOCATED AT $327 CAROL AVEMUE IN THE VERY LOW RESIDENTIAL DISTRICT A. RECITALS - Cuc (eee) id0P * Ordtea , 2191. the City Council of the Cfty of Rancho refwlatfon of snteanas. aboradiserlOn eeber 14, 1966, an application Wee filed and accepted on the Project. (111) On January 2/, 1917, the Planning C9eaafsafon held a duly adreKlsed public loartrs pursuant k Section 65661 of the California towrnwnt Code. 1. RESOLII�IpY folla"M M, the AL-40 C9cow" planning C%W$sfon resolved as 1. This C9a S*10n hereby 1WCiffc911y finds that all the facts set forth In the Recitals, Part A, correct. of this Resolution are true and 2' Wfed 'Men subatantfal evidence prosantsd to this Coeesissfon a7during the above - referenced January 21, 1967 Marfng, Including 911catf94n Sofff tM t + &� M written, C 9�sfand Y Mned this specifically finds as follows: a roi+ppltUttae Applies t0 property located at 5327 coed ee a lot presently improved with a louse, 9.rogt and a 50 toot radio antenna; b• Very Low idared,!xiJrrourMi 4 PrOWtiea art in the C' The existiry 50 foot radio antenna does N mp1Y th the 35 foot helot lfasft rAen rot co not to use (unextsnded) as measured frau �rowM level as rewired, use _t by Development CON sect from 17 06,0601- further, tied 70 lication retuests to extend the anteny height to u b m Resolution No. VARIANCE 86 -08 January 28. 1987_ Page 2 d. The existing 60 foot radio antenna was erected without Proper Penh U for the footings prior to construction. 3. Based upon substantial evi.,tece presented to this Comefssion during the above - referenced Jaw8r7 28. 1967 hear= and upon abbooveP this COMtsef�en heroytfinds and concludes as follows: &-' 2 a.• That strict or literal interpretation and enforcumwt Of the specified regulation Would not result in practical difficulty w wwecHSary fMyslcal hardship Inconsistent MM tha ob,�ettivH of the Development Code. b. That th" are ne eaceptfenal or extraordinary elreuntsm" er conditions applicable U the pnryrty involved er to the tntandad emu of the pr"@ ro rty do not apply t"rally te other proPertfes in the same district. C. That strict or literal lnterpnUtlon and enforcement Of the spetffled regulatfam world not deprive the applicant of prfvil" ayoyed by the owners of other PreWrtles in the sage district. d. Tmt tha grantf of the Variance will constitute a gyrant of privilege inconsistent with the limitations an Other ProfwtlH classified in the same district. e. That the granting of the Urlence will be detrimental U the public haelth, safety, er welfare, or matwlally Wvrfeas to PrOWtfes w 14rovamnU in the vicinity, y L. Used aftMv#ffMf $e aM conelusfons sat forth 1n Paragraphs . this Cawfastan AeneY denies the application. iii y • `it t - — • APPROYED AND ADOPTED THIS 2871 DAY OF JANUARY, 1987. ` PLANNING C L TY OF kWHIO CUCAWNGA BY: " AV r a Man ATTEST r Pu.y re dry 1, Brad Butler. Deputy Secretary of the Planning Comission of tree city of Rancho Cucaoonga, do hereby certify that the foreyotng Resolution was duly and Cfly laflRancho Cucadpr. iaajt a and adopted by the Planning Com,$51on of the I" tree 29th day of Janua, regular seating of the planning Co/Isston neld 7. 1987, by the following vote.to_rit: AYES: COMMISSIONERS: EIERICK, CHITIEA, BARKER, NCNIEL. TOLSTOY hOES: COMMISSIONERS: IMONE ABSENT: COMMISSIONERS: 'TONE r r i r n w' ` ``, r r +Y,u DRAFT PLANNING COIMISSION KIWIS - JANUARY 28 1987 - FOR DISCUSSION Pi1RPOSES K. ENVIRONMENTAL ASSESSNEHT AIO YARIANCE 86 -08 - SPETNAGEL - A request to wa ve c e max oum e g requ remen of ee or : fixed radfo antenna to allow an existing antenna 50 feet in height to be extended to 70 feet on a .47 acre parcel in the Very Low Residential District (less than 2 Dwelling units per acre) located at 5327 Carol Avenue - APR 1061- 111 -19. n Greg Gage, Assistant Planner, presented the staff report. Commissioner Emerick asked if the regulations are 35 why the applicant has an existing 50 foot antenna. Mr. Gage advised that the antenna was installed without the City's review or approval. Chairman Barker opened the public hearing. Charles Spetnagel, 5327 Carol Avenue, stated that on May 29, 1986 he attempted to secure a building permit for a 35 foot antenna tower. His intent was to erect the tower and then seek permission to construct the tower to the height he desired. The Planning Division and Engineering Divisions both approved his application and signed off on the building permit form. Build .g and Safety informed him that his drawings for the footings were unacceptable and the tower would have to be installed as 'f it were a flag pole. He was told that the depth of the footing would have to be 1 foot for every 2 feet in height. He informed Building and Safety that this was ridiculous and that the drawings were done by a reputable erector of commercial and aamateaur towers. He became frustrated and cancelled the application and obtained a refund of permit fees. He advised that the tower is of proven design and has been on the market for over 20 years and the footings are capable of supporting towers up to 300 feet in height. He acknowledged that the City has legitimate health, safety and welfare concerns but the footings were installed per manufacturers instructions. These instructions had been reviewed and approved by a registered civil engineer licensed in the state of California. He stated that = his station operates under automatic control as a relay station available 24 = hours a day for amateurs in four counties. He felt that an extraordinary conditton does exist, that a nonconformity does not exist, consequently nothing was self - imposed and the only special privilege was his privilege to operate an amateur radio station. He indicated that staff fails to address the exclusion of public service, pubic welfare, and emergency radio from L height restrictions. He felt his supporting documents proved that part of the a Justification of the amateur radio service is to provide emergency communication and an amateur radio is continuously involved in public service activities. He stated that his request for 70 feet is the minimaaa height required to accommodate reasonable communication on the frequencies on which he operates. , Chairman Barker questioned the height of the tower. a M ■ i Mr. Spetnagel advised that the toner is 50 feet in height, Chairman Barker asked if a vertical antenna was p placed on top of that height, a 9eYatnagel replied that this was correct and that he used a high 9h frequency neighbors Emerfck asked Mr. Spetnagel if he had any feedback from his as far as the current antennas. Indicated ed hat hehaar Ytd he DaaIndi contacted the norob properties abutting those Bert fooled Dan indicated Betty and Don Anderson, and Hfedi Burns, Thomas and Martha tower. He (.marmfsslq Stanton and anyone's per Emerick asked if the he o1 t view of the mountains, he antenna would i the Spetnagel stated that in didn't feel the tower would 1 Impinge upon the current transaed -ha lines. Coamissicnnr Impinge any more than „omaission whatolstPlanned or the top otethegtowewas Prepared o show Spetna el p ow the been requested before a was not and indicated that this Information naatton had not was ehairmantBarker asked if Mr. Spetnagel Considered crank up antennas when this pu• chased. Mr Spetnagel advised that he had owned this tower for a number of years. Mayne Overveck, 900 Avenida Sal�eoersft San Professor caanunlOverve, Cnlifornfa State applicant's request. He Y. Fullerton radio amateur would want apAlgb ahte ^s�lades of Is all about which he felt tllustf�atreddwny�a issued an orders emergency caanunfcatton He stated that what aaateaur radio deny reliable anateau em fng local regulatlonslc hat unreasonably FCC has recently am unlcatlons. Y restrict and te1 northern Barker asked since this location have part of Alta Loma Particular piece of property is located at i on the signal's ang a eslope what kfrtd of !apart a Mr• 0verveck le of y would that direction advised that a •t downhill direction the angle and location on a slope working 1n the uphill 9' a• downhill ll I it cokes to oaaasnicatfon more difficult , towered by the terrain. distance communication easferubecause !le s ti Chairman Barker asked If Mr. Overveck was an expert on antennas. Mr. Overveck advised that he had written a book and a number of journai articles on antennas. Chairman Barker asked if there were any advantages of self supporting towers over the crank up antennas. Mr. Overveck advised that this 1s a question of economics. A self supporting tower is more expensive. A typii.al model crank up yuyed tower is a much less expensive tower. A crank up tower that is self supporting and could meet the City's code of staying below 35 feet and going up to 50 feet would be quite a bit more expensive than one that doesn't te'escope without guy wires. Commissioner Tolstoy questioned the 80 meter frequency and asked If it was correct that there are other frequencies for emergency cowunlcatto:s. Mr. Overveck stated that there are other frequencies for emergency communication. He advised that the applicant proposes to canmunicate on a variety of different frequencies. Each of the various frequency bands have F different propagation characteristics. 80 meters comes up sometimes because historically during the Mexico City earthquake it was used extensively for long distance night time communication. Commissioner Tolstoy asked the communication distance of 80 meters at night. Mr. Overveck advised that the operator would be capable of world wide communication assuming conditions are reasonable. Tony Petrone, 125 Morgan May, Upland, supported the request. He gave an overview of the emergency communications aspect of amateaur radios. Ronald Verdon, 6068 Ada Court, Chino, supported the applicant's request and gave an overview of emergency communications. Dan Burns, 5321 Carol, adjacent property owner stated that he had no problems with Mr. Spetnagel's antenna as presently constructed. He did not feel the presence of the antenna would affect property values. Sandy Spetnagel, wife of the applicant, supported the request. She advised ° ° that the Spetnagels work with the Bay Scouts and urged the Commission's ` support of the request. Ed Carobs, 7027 Vaitnda, Rancho Cucamonga, stated that he felt the tower could be seen at the 35 foot height, therefore could not understand the height . • concerns. He stated that Mr. Spetnagel has one of the best sites to the area . Nt: The following individuals addressed the Commission In Variance request based aesthetic on reception and toss of property values: Opposition v the concerns, interferrence with television John WOMIer, 8149 Lucinda Dick Miles, 5262 Sapphire Barbara Frye, 5327 Della Penny Senzero, 8181 Lucinda Jeff Frye, 5327 Della Sonny Senzarto, 8181 Lucinda Tore Armejo, 5249 Carol Cheryl Ward, 8153 Lucinda Elliott Cousins, 8214 Lucinda Ethel Waymeler, 8149 Lucinda the Con"s Chitiea asked the applicant if he the West End West End area. area. was only person with a tower In Mr. SP_tnagel advised that he was not. Commissioner Chttfea asked IL there are other people Commissions. comyntcatl ng on these "r. Spetnaget assumed there are. He rebutted the comments made Public hearing by statiry that the existing and clarify tower was erected ten that it was Installed the last week end stated, he months in August gettiously attmpted to obtain a build. getting no where therefore decided to n8 permit butl9&6. he Aswhe advised that since these proceedtngi, he head spoken or Safety Department -s the City B,,tion. and again and asked them what the remuirements Licenses. He Indicated he met those License were for requirements. He had a California once Engineers calculations and date sheets signed h off b Y :.am and for this Me advisedthat the visited for lets Cable• an Scott whodfurnishesasab e area, and was informed that entire syatm outages outages during the past fMw as well as section months were due o the Outage of Scott Cable with A :on Cable, Further, that Scott Cab 1e agreed Of interference to conduct test If c continues to verify that Mr, S etnagel's station misainot lnterferring with the cable system- No channels operating on frequen is es Assigned to theffas t that he had no that objections to his station om Malt aesthetics alone are allowed to dictate are in the f what structures are or are not allowed neighborhood, then everyone havesthatr {yet to the color a neighbor to 9 paints his on. raise objections house, the type of shrubs planted ,r and so Commissioner Emerick asked if Jz` W. Spatnagei City prior to erecti mentioned he had contacted rg the tower, the, 1,; Mr. Spetnagel replied that he did. 3.;;1(1 t Commissioner Emerick questioned how many times the City had been contacted. t.' Mr. Spetnagel advised that he had contacted the City once. Commissioner Emerick asked if Mr. Spetnagel was informed of the height regulations. F Mr. Spetnagel advised that he was provided with a copy of Section 17.080.60 of the Oevelopment Code. �. Commissioner Emerick pointed out that is the Code section that provides for 35 _ feet height standard for a stationery tower and 15 feet additional for an apparatus that goes up or down. Mr. Spetnagel stated that the conflict was is the term when in use. He contended that his station is available 24 hours a day. Commissioner Emerick asked if Mr. Spetnagel was home 24 hours a day. Mr Spetnagel stated he mas not. However, his station is operating and could be operated numerous times during the day. Commissioner Emorick asked if Mrs. Spetnagel operates the radio, or if anyone else In the family has the ability to operate the radio. Mr. Spetnagel replied that neither his wife nor the rest of the family has the ability t,. operate the radio. Commissioner Emerick asked if Mr. Spetnagel had a 40 hour a week job. Mr Spetnagel replied that it was much more than 40 hours a week. Chairman Barker asked if the term was operable or operating. He asked if the station transmits all the time. Mr. Spetnagel stated that the station is not operating all the time, but it is capable of repeating digital transmissions. Chairman Barker asked if Mr. 5petnage was recording the messages. Mr. Spetnagel replied that the messages are not recorded; however, thay are stored in a buffer if he cares to access it. Commissioner Tolstoy asked if this is a rapeater station. f Mr. Spetnagel replied that it is. { Chairman Barker asked if other units depend on the existence of that,packet digit peter to continue to function during the day. fit a ;,v �N l J <:. n Springs tande Hemet h that repeats both ways frequency in the ose Angeles reception asin to Palm County, and along the coast line vp to LAX. Orange on Commissioner and because of the recalled that he Sr received he idecided toacted the City build his tower. She questioned why he didn't approach s go through proper channels. 90 ahead and axone else or try to There were no further cagments, therefore the public hearing was closed. Chairman Barker stated he rf Issues so the Cormission could Identify to the realel5sue on wlchftohmakeda decision. As far as the television or any other interference to high equipment and the neighbors equipment is fidelity equipment, he indicated that if the Otherart s equipment good equipment problem. He pointed out that traditionally amateaurrsn have gone out oPtthelr pay or blemsnso�thathetheirareputationaasthamm aperatorslareaato help hi h. not think interference was a t7 P hem work out address that issue. He stated the reasondforgihetdtsthat the C the various tYPes and designs of ante Commission not The and are nnas was because of a concern with safety factors. dangerous. Aesthetics land sometimes certain types of antennas can be be addressed which Is that thereacan be an antennae35 feetaineheightlwPoin can crank up to 50 feet . This point to number advised that he had looked through ugh recent antenna tsales and thereare Wards. apressednstate. w fiehfelt the two o0 feet ue, htohbeoadd�essedl are: Is this an unusual enough situation to warrant a variance, was there no other a u1 available which could have heen purchased and placed into operation, and 1s the regulation itself 1n need of being evaluated. q p'eent Commissioner Emarlck stated that obstruction of view should be addresseu lot ' from an aesthetic point but from a property right point, A Property entitled to a certain view right of the mountains and obstruction of that view Impinges P fights owner is ' ap rages upgn someone else's propertyhrights�ey An �* Commissioner McMlel disagreed. He sou Issue of the illegal antenna. ''• suggested that the C,xaatsslov act on the Commissioners Emerick and Tolstoy stated their opinion that the issue was the q_ Variance and If the necossary findings could be met to approve g variance. .� suested findings to Barker see tf they couldhbe met, Commissioners go through each, of the .�xi � - -r� rh : y. - a, c: .. ;+...... w•�4... -aw,.: - ^t.::a%ah%'"rt. �1f "nlnt8sdi er EmericR Situa"On.strtct shouldddressed fi Sh his antenna no hardshjeatedney�allone and stated radto� yelp high enough 1 atlonsinttDy Cana shor Yone in as a t0 P 1 her I he er se Sp it. t0 meet the required.Is fi t Same utlaalpoicanntta could the CQgj°isslon P extension. Chat concurred, ures askt� °uldaDeer 3Uggested ns as far as Length of COara used t rndf ctng2 d re are �P1y issioner da exce Em r aPPlf ant el er extrapr an advant lives In t the age and ha ante an a dt: the uO an le Inc, is Of the here aremjjterin a de0rlyatthills Math It this variance �oprlvIl gran"09 to °se 1s granted Presented fn this al Prix l Notion: YESion carrMoved d by the orir NOES: ClftSSIaERs ABSENT• COM''1 ISSIONERS• nun ler Of alter with the cit. ode stated 'fnary ct.her° has 'Vote: WRICK, types of antennas re4 1 rements. He Ch it tea to deny Variance CNITIEA , e are the both where 86-07. Chaff COMIISSIaERS: NONE BARKER. MCNIEL, TOLSiOY rman Bar NONE market and the r directed as of names staff regulatlo of the to conarct -carried ns towers that fit manufactures a H°amissloner T within the to hat he material, on t the applicant wlItdbeh91vStaf r will bie�id with g�� °p of the Illegal sPrcurrealt ne to abate t6afanteennatiactio tower � AFFIDAVIT OF PUBLICATION STATE, OF CAI FORNIA COUNTY MAN BERNARDINO Ya [, Maurine D. Pagan do hereby certify UwtI am tae Legal Advertising clerk of THE DAD.Y REPORT, a dally nawspaper of gexral circulation, publMed In the City at Ontnto CaantY and State aforesald and that the attached adverfLmren( of Notice of Public Hearing City Council City of Rancho Cucamonga In soldnewapaper_ ane min time February 21. 19117 :f cw* under pautty of perjury that the foregdag Is true and --- yleLt c lure) Dated st Ontario, California thD 25 •d day of IF-11i. i K, . ♦ Ate^ --�'6 4T.1 y��f e ♦ �V ♦+ ♦ . 0 rTm AV D A T.TOUn MTr A UAW!A STAFF REPORT DATE: March {, 1987 TO: City Council and City Manager PROM: Robert A. Rizzo, Assistant City Manager BY: Jerry B. Fulwood, Assessment Revenue Coord SUBJECT: Approval of Formation of Proposed Assessme Draineoe District 86 -2 with an Eatlmated Confirmed Assessment of 82.378.327 Located Generally Between the Southern Pacific Railroad and Banyan and NaVen Avenue and the Deer Creek Channel. , RECOMMENDATIONS It Is recommended that City Council consider the formation of the proposed Assessment District 86 -2 as petitioned by property owners. BACKGROUND: On April 2. 1966, staff presented to City Council a request from numerous developers to form a Drainage Assessment District east of Raven Avenue north of the Southern Pacific Railroad extending to Banyan Street south of Chaffey College. Included in the request were petitions from over sixty percent of the property owners. Additionally, Dwight French, the District Assessment Engineer, indicated that the maximum protest would not exceed seven percent of the property owners. Several revolutions were adopted Initiating the formation process; they are as follows: 1) Selection of and approving agreements with the following Consultant Team: a) Assessment Engineer: Dwight F. French, Inc. b) Bond Counsel: Nazarek, Harper, Hopkins and McParlln c) Bond Underwriters: Stone and Youngberg 3c7% Page 2 of 3 2) Resolution Adopting the Proposed Boundaries 3) Resolution Accepting Petitions and Waiving tte Preparation of a Debt Report 6) Resolution Declaring Intention to Order the Construction of Certain Improvements and Ordering Preparation of Preliminary Engineer's Report On January 21, 1987 a status report was presented to City Council at which time City Council adopted the following resolutions and set the public hearing for March •, 1987. Resolution Amending Assessment Proceedlnas: Amendment to proceedings to change designation to Assessment District No. 86 -2 and appointing new Superintendent of Streets. Resolution RecardSna Construction of Improvements by Developers: Determination that substantial portion of Improvements to be acquired have been constructed by Developers. Resolution Amending Resolution of Intention: Amendment to Resolution of Intention No. 86 -93 declaring intention to order construction and acquisition of Improvements and making other determina•lons. Preliminary approval of the Engineers aeporc ana zeccing 3, the date, time and place for the public heating. *Resolution Referencing Waae Scale and Calling ror Bids: Formal authorization to receive bids on the Improvements to be constructed. Resolution Authorizing Neaotiations for Sale of Bonds: Formal atthorization for the City staff to negotlate -the sale of bonds with the Underwriter to fund the improvemonts. for Fieldman, Rolapp and Associates to perform as the Financial Consultant. 33d •�� Page 3 of 3 ANALYSIS: Th- land incorporated in the proposed district is experiencing active development which may be compromised If cooperative installation of drainage cannot be accomplished The area landowners have attempted for several years to accomplish this project on their own: howover, they believe an assessment district would best solve their problems. On December 5, 1986, a workshop was held to answer, questions and provide information to land owners. One person did express an Inability to pay assessment if the proposed district is formed. A copy of this citizen's letter 1s attached with a list of those in attendance. The amount to be paid for a- quisitions, work and improvements Is $2,570,734 with $3,378,327 balance to assessment. The assessment amount of $92,493 applicable to Barclays' property may be in jeopardy because of financial inviability of the property owner. If the assessments were to become delinquent the City may be required to forclose on the property. This would Increase the administration, time and cost for this district after its formation. Therefore, staff must qualify its recommendation of approval of the proposed district. On January 21, 1987, staff presented to City Council a status report on the proposed Assessment District 86 -2, City Council set the public hearing for March 4, 1987 and adopted all resolutions. Additionally, on February 23. 1987. Staff received a letter from Me. Sophie Morin's attorney requesting deferment of assessment until her property is sold. The approval of this request would set a precedent for all current and future districts A copy of this letter is attached for your review A list of the current resolutions requiring adopticn and their purposes is attached for your review. Respectfully SSuutb/(miiittt►feeed,, Robe Rizzo /T"'��� Assistant C Ma ger ity RAR:JBF:kam 331 ¢`° JERRY EDELMAN • Yi CO�p Y,IOM City Council City of Rancho Cucamonga 9320 Baseline Rancho Cucamonga, California 91701 auRR 000 .6311 V[11Tyy soul UO :MONO, CALIFORNIA a1a:8•214 ow an J." .. "'.0 00•n+0 February 21, 1987 Re: Assessor's Parcels No. 0201- 271 -41 and 0201 - 271 -42 Gentlepersons: office Our represents Morin Se the ownerofth e Easto e- half pofetherWest one -half of the West one -half of the Southeast one - quarter of Section 25 of Township 1 North, Range 2 West, San Bernardino Base and Meridian (16 acres more or less). Mrs. Morin has advised us that Assessment District Nu. 86 -2 is to be created, and that incident co its creation, she will be required to pay something in excess of $140,000 in substantial annual increments. 2. Mrs. Morin is a widow, living on social security, and there is simply no way that she could make the payments rcquired by the subject assessments. Mrs. Morin will, obviously, be required to sell her property. I respectfully request, in Kra. Morin's behalf, that her payment of ,the assessments be deferred until the property is sold. Mrs. Morin is extremely upset, and an early response would be very helpful. very truly yours, 1• JERR DE l A LAW CORPORATION er Vdelman JE:as • :rr cc Mrs. Sophie Morin ._ :; -, � s• 333 4 z //6la7 .19 w.-� :&: -c- COA ct- . -? 6 0 07�,, -mod �= tz�. a,.�.�.f... -�.-�` •1�,..f— t �:..�. •e:r 40n. A..Q 'tLo 4*A It lie tv&. 10 V • 9,00- J 3S •t 1 'r. 1 t� �7 z, l� P •r �l�iLS+ P.I �I «E.!!'�&TQK��lIl�L•CB9.�l�fR_Q� ltE4 Macrzwa FoR �4pgssD �ag{� #�r�,pL�3J�i5i.P�,3 Dwight trench, Dwight French and Apsoclat•s Xenneth Green. Olenled Dev4opsspt,CQgcrotpn ,.V Brian Catalda, Paragon Hoses Inc. Assonlatlon Lawrence 812seN ti ..•�„ Sophie Morin, Property'lowner - Hlghlappdjod Haven Avepue Steven yord, -he w1211am Lyon Company #''�_ •• `LI. Mary L. Murdock. Olverallled ?!hopping Centarj Cal Queyrel, Anscal Enairesring Cospan'..t;° CSty o! Rancho Cucamonga eta••• ,,; ` � + Jerry B. Fulwood, Assessment Revenue'coordlnator Donnie Cabrinha, Assessment Revenue Assistant Larry Rolapp, F /eldman,'- Rolapp•and Aapoclat e John Doyle, Stone and Youngberg ,'1"'iiII Eugene A. Nazarek, Nazarek,.Harper, Eopkinl� and MctarIin Shintu Soso, Senior C1411 Engineer r yD n = ^ r 3 n t r 'b 7 r Y 5 .J V 9 s� ■ 'mm i 2 tY /tM[ h I 9.- / /a.a/ '...OIOYMW u. ac,lu/ a, NAZAlmR s UcTAJLLIN . r..lu./...glw. rwo.r. erwnMw ,101 WpIY /T ///( /YIT[,U IW#U .^••Tyo=nA e@n$ nW M /•N /. Th /C/raca ITW MANO January 17, 1087 City of Rancho Cucamonga 9770 gasoline, suits C Rancho Cucamonga, California 91701 Attnt Jerry Pulvood, Assessment Revenue Coordinator Ran Opinion on Property in Bankruptcy Asoesement District Va. ss -] Dear xr. Pulwoodt .c iN aowuun u�c J /YttS I/S P•.1 N.�N W In accordance with your request this office hss evaluated the effect of the assessment proceedings upon one of the parcels of property in Assessment District No. 94-3 (the "e....,act Property") whtch has been included in proosedings before the bankruptcy court. To the but of our knowledge, the liens upon the subject Property by private individuals or corporations rather than,' liens imposed by state or federal agencies, except for property taxes. It is the opinion of this office that the imposition of an assessment lien under AssosFwnt District No. 99 -7 will take priority over all existing liana ixpoeedlby priyats' persons or corporations (the *Private Liens•)► however, the assassment` lien will be on parity with any state or federal tax liens. Furthermore, if the semi- annual installments on tbe'assesament lien are not paid, a judicial foreclosure action by the City will eliminate all of the pre - existing Private Liens• u. orncn ar ' NAZARZK a MCFARLIN - ..w+.r+.a.w wraara•r ay.....+.a . city of Rancho Cucamonga ;? January 11, 1997 Page Two It is the recommendation of this office that the City favorably consider inclusion of the Subject Proterty in,the Asssssmant Distriot, with the understanding that a future judicial foreclosure may be necessary to'sithar slimiaafe Pre - existing Private Liens or to Gospel psymeat of ths`:� ■sssssment lien. Vary truly yours, M4 A. Ye :azek ralttmdh cc: Dwight Pranch John Doyle 1- X93 336 MEN 4. `�aCC•Ci �� �4 r CITY Or RANCRO CDCANONaA ASSP.SSNENT DISTRICT 86 -2 RESOLUTION ORDERING CHANGES: This resolution is required for any changea or mcdificationa to the Engineer's Report 4 RESOLUTION DENYING PROTESTS: This resolution is required If any protests, oral or written, have been received. T_ RESOLUTION PROVIDING rOR CONTRIBUTION: This resolution Is -e required for any contribution to the Assessment District. «� RESOLUTION CONpIRHIDO ASSESSMENTS: This resolution orders rs the Improvements and confirms the assessment. 't. `. r ,y l<. F• r A tom. AV C tS` y�C 339 RESOLUTION NO. 9' ")_ /D y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN A SPECIAL ASSESSMENT DISTRICT (ASSESSMENT DISTRICT N0, 86 -2) WHEREAS, the city Council of the City of Rancho Cucamonga (the "City "), has heretofore adopted its Resolution of Intention, pursuant to the "Municipal Improvement Act of 1913 ", being Division 12 (commencing with Sectior. 10000) of the Streets and Highways Code, for certain public work and improve- ments and acquisitions, if necessary, generally described as follows: The construction and acquisition of drainage improvements including appurtenances and appurtenant work, acquisition, if necessary, and incidental expenses in connection therewith (the "Improvement✓ ")) and WHEREAS, the lands to be specially assessed for the Improvements shall be included within an assesssent district designated as ASSESSMENT DISTRICT NO. 86 -2 (the "Assessment District ")) and WHEREAS, a public hearing has been noticed and hold in the time and manner required by law, nn all matters relating to the Assessment District! and WHEREAS, the Engineer of Work has. recommended cortnin changes in the Assessment Roll, Engineer's Report (tho "Report") and related documents and has submitted an amended Assessment Roll and amended Report reflecting such changes: NOW, THEREFORE, the city Council of the city of Rancho Cucamonga floes hereby RESOLVE, DETERMINE AND ORDER as follows: R, SECTION 1. The above recitals are all true and correct. 'k SECTION 2. The changes not forth in the amended Assessment Roll end amended Report are hereby approved and ordered, pursuant to Section 10352 of the Streets and Highways Code. SECTION 3. '_he Report, Assessment Roll and all related documents, as changed, are for the best interests of the > ._ 3116 p jjii�•%�ri` 1 X. a L� property owners within the Assessment District; the assessment, ., as changed, Sa in accordance with the benefits raceivadt and the Report, as changed, shall stand as the Report for all subsequent proceedings for the Assessment District. ? SECTION a. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute entry of the passage and adoption thereof in the record of the s proceedings of the City Council and in the minutes of the meeting at which the same is passed and adopted. SECTION A. This resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this _ day of , 1987. 'i AYES: i NOES: ABSENT: Dennis L. Stout, Mayor 4 ATTEST: r Beverly A. Authelet, City Clark .f I, BEVZRLY ADTNELET, CITY CLERK of the City of Rancho ,i Cucamonga, do hereby certify that the foregoing Resolution was duly p-ssed, approved and adoptedc by the city Council of the City at Rancho Cucamonga, California, at a regular Resting of G said City Council hold on the _ day of , 1987. Executed day of , 1987, at Rancho Cucamonga, Californa. Beverly A. Authelet, City Clerk _ 2. RESOLUTION N0. V) OS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY, CALIFORNIA, OVERRULING AF.D DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT ( ASSESSMENT DISTRICT NO. 86 -2) WHEREAS, the City council of the City of Rancho Cucamonga (the "City "), has herstofoxe adopted its Resolution of Intention, pursuant to the nMUnicipal Improvement Act of 1917 ", being Division iZ (commencing with Section 10000) of the Street% end Highways Code, for certain public work and improve- ments u.d acquisitions, if necessary, generally described as follows= The construction and acquisition of drainage improvements including appurtenances and appurtenant work, acquisition, if necessary, and incidental expenses in connection therewith (the "Improvements "); and WHEREAS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. a6 -2 (the "Assessment District")! and WHEREAS, a public hearing has been noticed and held in the time and manner required by law, on all matters relating to the Assessment District; and WHEREAS, certain owners of property to be assessed for the Improvements have filed written protests in the time, form and manner required by law; and lila:R B, at the public hearing, all protests and testimony on the method and formula o.1 the assessment spread, the benefit to the property, the apportionment of the assessment in accordance with the benefit received by the property and all other matters relating to the assessment proceedings were duly heard and considered: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby RESOLVE, DETERMINE AND ORDER as followst SECTION 1. The above recitals are all true and correct. 3(1.)- 1 SECTION 2. The public hearing on the Assaasaant District is hereby closed. SECTION a. The protests have been made by the owners of • leas than one -half (1/2) of the area of property to be assessed for the Improvements within the ?Jmetesett District. SECTION 4. The properties to be assessed within the Assessment District will each receive a benefit from the Improvements and tha assessable costs and expenses have been apportioned and spread over the properties in proportion to the benefits received. , SECTION S. The protests, and each of them, are hereby overruled and denied. ,+• BECTZON s. The method of apportionment and spread of the assessable costs and expenses recommended by the Engineer of ' work is hereby approved and adopted. s SECTION 7. The City Clark shall cer`ify to the passage and adoption of this resolution; shall enter the sage in the book of original resolutions of the City; and shall make a minute entry of the passage and adoption thereof in the record of the proceedings of the City Council and in the minutes of the seating at which the same is passel and adopted. y SECTION a. This resolution shall take affect upon adoption. ' PASSED, APPROVED AND ADOPTED this _ day of , ' 1987. i' AYZS: NOES: AESENTt ATTEST: Beverly A. Authelet, City Clark 2. Dennis L. Stout, Mayor ■ i t.` 4r >wF, �+N RESOLUTION NO. 1�i' /04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN A SPECIAL ASSESSMENT DISTRICT (ABSEB:f=T DISTRICT NO. a6- ) WHEREAS, the City council of the City of Rancho Cucamonga (the "City "), has heretofore adopted its Resolution of Intention, pursuant to the "municipal Improvement Act of 1913", being Division 12 (commencing with Section 10000) of the Streets and Hiryhvaps Code, for certcin public work and improve- ments and acquisitions, if necessary, generally described as follows: The construction and acquisition of drainage improvements innludl::q appurtenances and appurtenant vork, acquisition, if necessary, and incidental expenses in connection therewith (the "Improvements "); and WHEREAS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT N0. 96 -2 (the "Assessment District "); and WHEREAS, a public hearing has been noticed and held in the time and manner required by law, on all matters relating to the Assessment District) and WHEREAS, the City desires to authorize and provide a contribution to pay a portion of the costs and expenses of the Improvements; and WHEREAS, pursuant to Section 10205 of the Streets and Highways Code, the City may provide for a contribution to pay a portion of the costs and expenses at any time prior to the confirmation of the proceedings on the Assessment District: : NON, THEREFORE, the City Council of the City of Rancho Cucamonga, does hereby RESOLVE, DETERMLNE AND ORDER as follows: i. i SECTION 3. The above recitals are all true and correct. 3yy i k SECTION 2. The appropriation of moneys in the amount set forth as a contribution in the Engineer's Report for the Assessment District is hereby approved and authorized. The contribution shall be used to pay for the costs and expanses as set forth in the Engineer's Report and the appropriation shall be from the funds as indicated therein. SECTION 3. The contribution is authorized pursuant to Section 10205 of the Streets and Highways Code. SECTION ♦. The City clerk shall certify to the passage and adoption of this resolutions shall enter the same in the book of original resolutions -of the Cityt and shall make a minute entry of the passage and adoption thereof in the record of the proceedings of the City Council and in the minutes of the meeting at which the sass is passed and adopted. SECTioN S. This resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this _ day of , 1987. AYES: NOES: ABSENT: 3' ATTEST: Beverly A. Asthelet, City Clerk Dennis L. Stout, Mayor 2. 3 ys �i ii ?a %y3N� RESOLUTION NO. $ 7-/07 RESOLUTION O! THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, SAN BERNARDINO COUNTY, CALIFORNIA, CONFIRMING TIM ASSESSMENT, ORDER- ING THE n(PROVEMEWTs MADE AND ACQUIRED, AND APPROVING THE ENGINEER'S REPORT (ASSESSMENT DISTRICT NO, 86 -2) WHEREAS, the city Council of the City of Rancho Cucamonga (the "City "), has heretofore adopted its Resolution of Intention, pursuant to the "Municipal Improvement Act of 1913", being Division 12 (commencing with Section 10000) of the Streets and Highways Code, for certain public work and improve- ments and acquisitions, if necessary, generally described as follows: The construction and acquisition of drainage improvements including appurtenances and appurtenant work, acquisition, if necessary, and incidental expenses in connection therewith (the "Improvements"); and WHEREAS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 86 -2 (the "Assessment District "); and WHEREAS, a public hearing has been noticed and held in the time and manner required by law, on all matters relating to the Assessment District; and WHEREAS, pursuant to the Resolution of Intention, the Raport of the Engineer of Work (the "Report") was presented, considered and preliminarily approved; and WHEREAS, the Report contained all the natters required, pursuant t� the Municipal Improvement Act of 1913; and WHEREAS, notice of the public hearing was posted, mailed and published in the time, form and manner required by law and evidenced by affidavits or certificates on file with the transcript of these proceedings; and WHEREAS, the owners of one -half (3/2) of the area assessed for the cost of the Improvemerts did :sot file written protests and, after conclusion of the 'hearing, the City Council overruled and denied all protests; and 3 Ilk 9 . WHEREAS, the City Council is now satisfied with the assessment and all matters contained in the Report as amended: NON, THEREFORE, the City Council of the City of Rancho Cucamonga, does hereby RESOLVE, UVERMINE AND ORDER as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report, consisting of the assessment and diagram for the Improvements, is hereby confirmed. SECTION 2. The public interest and convenience require the Improvements to be made and acquired and it is hereby ordered that the Improvements be made and acquired in the Assessment District, as sat forth in tha Resolution of Intention and the Report. SECTION !. The assessment oontainsd in the Report is hereby levied upon the respective subdivisions of land in the Assessment District as sat forth in the Report. SECTION 5. The Engineer of Mork shall deliver the diagram and assessment to the Superintendent of Strects, together with the diagram attached thereto and made a part thereof with his certificate of confirmation attached and the date thereof. The Superintendent of Streets shall then record the diagram and assessment in his office in a suitable book to be kept for that purpose, with his certificate attached and the date of recording. SECTION A. Upon recordation of the diagram and assessment, the Superintendent of struts shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file in the office of the City Clerk, or to both addresses if the address is not the same, or to General Delivery when no address so appears, a Notice of Recordation of Assessment containing: (a) A designation by street number or other description of the property assessed sufficient to enable the owner to identify the saxes (b) The amount of the assessment; (c) The date of recordation of the assessment; (d) The time and place of payment of the assessment and the affect of failure to pay within such times and (a) A statement of the fact that bonds will be issued representing unpaid assessments pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code. 2. 3V7 BECTIO. 7. Upon raccruation of the diagram and assessment, the superintendent of Streeta -whall publish a Notice of Recordation of Assessment specifying that; (a) The assessment has been recorded in his office and all sums assessed therein are due and payable immediatelys (b) The payment of all nuns assessed is to be made within thirty (70) days after the flats of recordation which data shall be so stated in the notices and (c) bonds will be issued representing all assessments remaininq unpaid within the 00-day period, pursuant to the Improvasswtt bond Ant of 1915, being Division 10 of '�- the Streets and Highways Cods. fl_ ,( fi=QN_I. The 30-day period and the requirements for 4 mailing and publishing Notice of recordation of Assessment, as prescribed in section 6 and Section 7, may be waived upon the written consent by 100% of the owners of property assessed within the Assessment District. SECTION 9. Upon recordation of the diagram and assessmant, a certified copy of the diagram shall be filed in the office of the County Recorder. Thereafter, a copy of the notice of assessment shall be recorded in the office of the county Recorder pursuant to Section 7114 of the Streets and Highways Code. r SECTION 10. The City Clark shall certify to the me passage t and adoption of this resolutions shall enter the sa in the book of original resolutions of the Cityl and shall -make a P minute entry of the passage and adoption thereof in the record of the proceedings of the city council and in the minutes of _ the sooting at which the same is passed and adopted. SECTION 11.. This resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this _ day of , 1967. r AYES; NOES Y 3. Dennis L. Stout, Mayor ■ t I N CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1987 // TO: Mayor and Members of the Ci4 FROM: Otto Krautil, Senior Planner BY, HIM Bratt, Assistant Planner SUBJECT: REPROGRAMMING OF 5300,000 / IN UNEXPENDED CCMNITY DEVELOPMENT BLOCK GRANT F M, FROM NORTH TOWN PARK TO A PORTION OF THE AREA VII (HEPYDSA/TURNER) STORM wRAIN I. RECOMMENDATION: It is recommended that the City Council adopt the a URT i�esoTution authorizing reprograming of $300,000 of previously unexpended Community Development Block Grant funds from the 1984 -85 and 1985 -86 program years from North Town park to Area VII (Hermosa/Turner) storm drain. 11. BACKGROUND: The City Council has previously allocated $300,000 for eveaTpme�'of North Town park. Site acquisition was delayed until October 1986. During the design phase of the park, it was discovered that the site was in a sump condition subject to flooding. To correct the condition, master planned storm drain facilities for the area must be completed prior to park construction. This may delay park construction for more than one year. This delay would prevent expending CDBG funds in a timely manner as required by CDOG regulations. Therefore, HUD has urged the City to reallocate these funds to another eligible project to allow their expenditure prior to the end of the current fiscal year. III. REPROGRILMMING: In lieu of the park, $300,000 in Block Grant funds can ge ex-pe— ed on a part of Area VII (Hermosa/Turner) storm drain project prior to the end of the fiscal year. Reallocating funds from the North Town park project to the storm drain project will meet HUD requirements and expend Block Grant funds in a timely manner. It will also free $300,000 in other sources, previously planned for use on Area VII system drains. To ensure development of North Town park, $300,000 in ether funds must be allocated to North Town park development in the 1987 -88 fiscal year. It 1s proposed, in effect, to trade funds between the storm drain project and the North Town park project. 4 f •i' CITY COUNCIL STAFF REPORT r REPROGRAMMING OF $300,000 March 4, 1987 q, Page 2 IV. Public Review: Federal regulations require a duly noticed public car nig iar ail reprograming decisions. Notice was published on February 23, 1987. A public hearing on the item is required. y At,Cachment: Exhibit A 5 Resolution i r k j, a S� 4 b 35v u��'.,.iccet -•:(x _r,'� -� • t^ 6 °r_ .. eR `Z`..1 - �a..'... a '_ z is < pW cc Q (A 3 O = E` >� W Q ac o <z Cl��L1 CE T ^�+ rM -%It_ REPROGRAPAING $300,000 IN RANCHO CUC MONGA UNEXPENDED SLOCX GRANT FUNDS PLANNING D(VMQNt ECHIMT, A SG1LL• NONE JS/ Y Y Y _ O Y O P>. 0 < O t J _ I RESOLUTION NO. -e % '-ID ff A RESOLUTION Or THE CITY OF RANCHO CUCAMONGA, CALIFORNIA REPROGRAMMING $300,000 IN UNEXPENDED COMMUNITY DEYELOPMEMT BLOCK GRANT FROM NORTH TOWN PARK TO A PORTION OF THE AREA VII (HERNO.SA/TURNER) STORK DRAIN WHEREAS, the City Council has previously pr rammed $150,000 from 1984 -85 Community Development Block Grant funds and $150,000 from 1985 -86 Community Development Block Grant funds to be used for development of a park in the North Town neighborhood; and, WHEREAS, a park site has been acquired on the south side of Peron Boulevard across from Rancho Cucamonga Middle School; and, WHEREAS, the City Engineer has determined that development of the park cannot proceed until certain drainage improvements are made; and, e WHEREAS, the proposed (Area VII Hermosa/Turner) storm drain is , included in the Master Plan of Drains; and, WHEREAS, drainage improvements are an eligible expenditure under Community Development Block Grant regulations; and, WHEREAS, an environmental review has been completed for the proposed drainage improvements which found no adverse umitigatabte impacts from the proposed project; and, WHEREAS, the federal Department of Housing and Urban Development has urged the City to expend its Community Development Block Grant in a timely fashion; and. WHEREAS, other funding is available to ensure development of the park once the necessary drainage improvements are in place; NOW THEREFORE, BE IT RESOLVED THAT: The City of Rancho Cucamonga does hereby reprogram $300,000 in 1984 -85 and 1985 -86 funds originally set aside for development of a park in North Town to the storm drain project necessary to ensure development of that park. '7 xv Ohl AM DAM OF PUBLICATION ±STATE OF CALIFORNIA `ODUNTYOF3ANBERNARDINO ae r I, Maurine D. Pagan ,do hereby certify that I rgmw�fpMpla�r�a l QOf nrioemertcircvLtion. p"mw is the city Ontario, Uaaty and State afmmld sad that the- -.itacbed advertlwaet of _ Native of Puhlir Hearing for City Council re( CDZQ Funds City of Rancho Cucamonga e wagPbMAedInmaidnewspaper one (1) tSme February 21, 19117 I tify mda tab' of perjury that the foregoing Im true and eetraet. t lure) Dated at Ontart , CgMwnk this __ 23rd dey mf ;r February ,u ii 3s3 MUM t ._6 r, r' i CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1987 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND AMENDMENT TO TITLE 14 OF THE RANCHO CUCAM)NGA MUNICIPAL CODE CONCERNINR OIRECTIONAL SIGNS I. RECOMMENDATION: The Planning Commission recommends approval of s c n pa Code Amendment. If the City Council concurs, Issuance of a negative declaration and adoption of the attached Ordinance would be in order. II. ANALYSIS: This amendment is i reggu ations for (1) Off site s� within planned communities and multi- family residential or projects. The Planning Coo approval of this Municipal Co ThE Planning Commissions debt subdivision directional sign n communities. The Commission fullows: to clarify and revise sign n directional signs located e directories signs within nant commercial /industrial reviewed and recommended sent on February 11, 1987. focused upon the off -site s proposed for the planned the proposed language as 1. The top reader board for the sign structure shall include the words 'Planned Cocmunity. 2. That sandwich boards signs shall be added to the list of prohibited forms of directional signing. 3. That directional signs may be allowed until the subdivision is sold out or in the case of a leasing office, until 90% of the unit- have been leased or rented. These modifications have been Incorporated into the attached Ordinance for your review and consideration. Also attached is a copy of the February 11, 1987 Planning Commission Staff Report that fully describes the proposed amendment. 3.s� C CITY COUNCIL STAFF REPORT c ASENOMENT TO TITLE 14 March 4, 1987 Page 2 III. ENVIRONMENTAL ASSESSMENT: Staff has cocryleted Parts 1 & 2 of the lnitial study an y ave determined that the proposed amendment would have no significant environmental impacts. Therefore, issuance of a Negative Declaration would be appropriate. IV. CORRESPONDENCE: This item was advertised as a public hearing in Tfi-675—aTry— emort newspaper. Respg W ully submitted, *City r er BB:OC:sgr Attachments: Planning Commission Staff Report February 11, 1987 Planning Commission Resolution City Council Ordinance ..Q5� r ' +t t CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 11, 1987 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRDWWAL ASSESSWNT AND A400WNT TD TITLE 14 OF THE WbMl 1. ABSTRACT: This amendment is intended to clarify and revise the sign regulations for (1) off -site subdivision directional signs located within planned communities and (2) site directory signs within multiple family residential or multi- tenant commercial /industrial projects. recommending the Planning forward a recommendation of approval to the City ANALYSIS: 7—Off -site Subdivision Directional Signs: The developers of the Victoria Planned Community and the Terra Vista Planned Community desire to establish their own unique off -site subdivision directional sign program within their planned communities. This amendment would establish regulations for planned community sign Programs subject to the same criteria (height, location, number) as the BIA subdivision directional program. The proposed regulations will require that these off -site subdivision dlrectioi:ai signs be located within the boundaries of the planned communities. 8. Site Directory Signs: The current sign regulations do not address the need for site directory signs for visitors and emergency vehicles. For the past several years, Planning Commission policy has required site directory amument signs for apartment, condominium and townhome projects for the convenience of visitors and to enable fire and Districthassrequested tNtt othercalls multt tenant projects such as industrial parks complexes should also provide .3SG IISSION STAFF REPORT TITLE 14 1987 site directory signs for emergency purposes (Sae Attached Letter). Therefore, the proposed amendment would allow site directory signs, one per vehicular entrance and 12 square feet in aroa. The signs art intended to illustrate through the use of a site plan the locations of buildlnys, driveway locations, and tlw address of each builAing with c y size visible from 20 feet. The signs should also be illuminated for 24 hour visibility. III. ENYIR01MYAL ASSESSMENT: Staff has cospleted Parts 1 and 2 of the initial study and determined that the proposed amendunt would have no significant environmental impacts. Therefore, issuance of a negative declaration wand be appropriate. IV. CORRESPOWDENCE- This its has been advertised in the Daily Report Newspaper. To date, staff has not received arty response to the public notices. Y. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution reca�enHng approval City Connell. of the attached ordinance to the Res tfully su ted Bra Bul er City Planner BB: DC: te Attachments: Resolution Ordinance 0 }4 .'ai- y_�fi�+.':''!i -:+ ,t L:�•,Y.�, �` %k;; .v -gar a?�s�ew':e RESOLUTION N0. 87 -20 A RESOLUTION OF THE RANCHO CUC AND NGA PLANNING COMMISSION �C�tCUUCCFMONGARMUNICIPAL CODE tP RTAINING TO SIGNS F THE held a au WHEREAS, on the 11h day of February, 1987, the Planning Commission California Government Code.bllc hearing pursuant to Section 65854 of the SECTION 1: The Rancho Cucamonga Planning Commission has found that this pro ecx w not create aM a significant adverse impact on the environment recommends issuance of a Negative Declaration on February 11, 1987. NOW, THEREFORE, BE IT RESOLVED: I. That Pursuant to Section 65850 to 65855 of the Coeatssion Of hty of Renchothat Cucamoonga thereby recoaAends that the City Council approve and adopt the attached Ordinance amending Title 14 of the Rancho Cucamonga Municipal Code. 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 FEBRUARY, 1987. CITT Of RANCHO Cl1CA1pN,A I. Brad Buller, Deputy Secretary of the Planning Commission of the City of CitylRancho Cucamonga, do hereby certify that the foregoing Resolution was duly and ofiRanchocucampnga Passed, a regular meeting Ling of the Planning �Cn ion ssionf held mn the 11th day of February, 1987, by the following vote -to -wit: P AYES: COMMISSIONERS: MCNIEL, TOLSTOY . BARKER, CHITIEA, EMERICI: NOES: COMMISSIONERS: WANE ABSENi: COMMISSIONERS: NONE• 3S& 'M 0 .ORDINANCE 110. 3 D y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, AMENDING TITLE U OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SIGNS Follows: The City Council of the City of Rancho Cucamonga does ordain as SECTION R-91: bsection414.20.06s to Chapter 4. 0 Municipal In words rand amended figures, as follows: all nn .... " -- within Panne - " - "' -- vrr -size subdivision direction _ oammn e o ng s gns amp berm iubject to the provisions Iwas 0sUblished pursuant U Section 17.1 'A. A maxigp of six signs may be used to lead customers to the site. Signs shall be located within the boundaries of the Planned Community, except said signs shall not be located on perimeter streets to the Planned Community. 08. Signs shall be no larger than sixty inches by ten inches Show" shall in Exhibit AN n a four-sided reader board hall include the words 'planned community' as shown in Exhibit 'A'. 'C. A sign structure shall be located not less than six hundred feet from an existing yoorr previously approved bfgthe subdivision,,And a directlon�ll only contain s show on Exhibit 8, except as otherwise provided for herein. '?. The detailed dasign and placement of each sfpn structure shall be reviewed and approved by the City Planner. 'E. S19ns placed on private property shall be done with written consent of the property ownLr and filed with the Department of Community Development prior to issuance of Permit. ewed and approved by public Hght -of -way shall be the issuance of the pslgn permit. city Engineer prior to 'F. A sign location plan shall be prepared showing the site Of each directional sign and shall be submitted U the ?Apartment of Comsrnity Development prior to issuance of the sign permit. 'G. Any such sign approved for a particular subdfvlsfan ng ;AOtther subdlrly onwiithouttprior aPD wltofatM C1se Planner. ty . ;, ■ EXHIBIT A . if P. EXHLBrr B SHADOW RUN El 3 (o6 ■ Y 'm '1 ORDINANCE NO. I111EMNT TO TITLE 14 'N. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. Further, no other directional signing may be used such as posters, sandwich signs, or trailer signs. 'I. All nonconforming subdivision directional signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit. 'J. A five - hundred - dollar cash deposit shall be placed with the City to- ensure coepliance with this title. Any sign rlemovedcbytrthe the and provisions of of tremo al title may be be deducted from the deposit. Additional costs incurred by the City resulting from the removal of illegal signs shall be charged to the developer. 'K. The sign shall be allowed until subdivision 1s sold out or, in the case of a leasing office, until 90 percent of .� the units have been leased or rented. 'L. This section shall not be construed as to prohibit the developers within a Planned Community from participating in the off -site subdivision sign program implemented and installed through the Building Industry Association (BIA) provided that a combination of a maximum of six signs may be used to lead customers to the site. 'N. Signs my also be used to lead people to non-com* cfal community facilities, such as parks and public schools. 3 SECTION 2: Title 14 of the Rancho Cucamonga Municipal Code is hereby amended t mho fiy Subsection 14.20.0606 to read as follows: 014.20.0608. Signs shall be no large than 60 inches by tan inches and shall Se'g� an a four -sided sign structure as shoun in Exhibit A. SECTION 3: Title 14 of the Rancho Cucamonga Municipal Code is hereby amended o modify the table of sign uses in Section 14.20.080 to read as follows: 014.20.080 Permitted signs -- Residential uses. The following signs may be per-UMM—Fresidential uses suo ec provisions listed: T t. Uf Plate 1• School ldmtfffcetfa ar =7"t or - mt cfp am panel ku per use tie per ate Oo1 W use Pe� t%N per vie or ME Sq. ft. I A Nil ifs smil net proJlct In wo nta. 19. fa I -w±�� 1. asto -,- t 11, 414 Amt tee 11 b, leslrlet l, c 1tphLlnp S I ely. etfpn1�{ M closer tMe to �'tl IIM. 1• SlA4 ehti N 4m11 eM c. kar9 Of t .h tho epee' b• 1'1frlct lightf'p a'IY. c. bon , sl t M closer tAhe, S. i, k pllced Mearty IIm1, o th1 To dfrect rI,f tan "a OW90g eehlc U pylldlnps. Sip' Wit be tarmlMtl mated Md 1 "d w M W at7 tb,olt attest, cb toslo bloc% Ior lhlli I 6mrs a � be mba lecetfat gibers district, rl�lrop by ►IM; Cap sMli k help 1 1'thJ Mfpet 114 1411011 Iron ZO fee klar roollfM Sh111 t zo s9. ft. kloe roentM 4da1a ett t. t; �M md1w xe t . 9 ft. 1 feet / Rre or i' stftatfyt OZY /I' /skd p s4 e• To tdenttrY Me Institution Md. b. to In11c"1k gamble < Z4 ca. ft. 1 time of s14rr1speN11 er11a copy Md tip' 4 felt ~'tt e• co1Y till be itel °p led "*"a sU ft. tips or dereloopeat. 1. to Palm ro1ntM ke1 eM e µea e► echkI on1Y. ft. fro � c. 9rW sbsl Te k S ft. Ir map clotW eh1' 1 b. To Idra pr4ary If". a. It. 1111 pelmets Nq��fns_!;NI c c14ct Sq. ft. I A Nil ifs smil net proJlct In wo nta. 19. fa I -w±�� 1. asto -,- t 11, 414 Amt tee 11 b, leslrlet l, c 1tphLlnp S I ely. etfpn1�{ M closer tMe to �'tl IIM. 1• SlA4 ehti N 4m11 eM c. kar9 Of t .h tho epee' b• 1'1frlct lightf'p a'IY. c. bon , sl t M closer tAhe, S. i, k pllced Mearty IIm1, o th1 To dfrect rI,f tan "a OW90g eehlc U pylldlnps. Sip' Wit be tarmlMtl mated Md 1 "d w M W at7 tb,olt attest, cb toslo bloc% Ior lhlli I 6mrs a � be mba lecetfat gibers district, rl�lrop by ►IM; Cap sMli k help 1 1'thJ Mfpet 114 1411011 Iron ZO fee 0 TO TITLE 14 SECTION 4• Title 14 of follows; �0 y t I table of ts/gna�s in Section Municipal Code is hereby Section 14.20.100 to read as followin •14yy.20.100 Per�ltted si Drovisfonsslistedw' Pere orc a and canerc a � tai office uses. ° ce uses so eC the ,v Class Sign m a~ OF Am ,�� Willr m ables t. 0lulmss IdeatificattOn Will Ose M Wite1N hie. 101 of of Wilding face Met lo ►nJKt a►eee tM rmf a. A Cmtnatfa of Want and MIl 1101 my ha YSge, (buslaeis Kt Within shaping a e1a1M N than 17) par Mt to arcasd ISO $4. ft. age IA M GN be 111ghor tW heMrer. enly a matt/ of i stgat day be Used to lomtff y Caton ag Mat business. 20 fees any em business. sweat office Pd grab. buildings) mnmmt Owl M street 24 $e. ft, W U t feet ►. Will Sign$ and slowness stgns fraUP. a malsa N two shall be amitecbully 121 M assigned to be compatible With wdmn. the Kselopsgt. C. Ven t SIPS $Mil ce offiN "rely OR the su►lrt prdpwty aM Shall net mr- hM1 late "[rate or Sol tc pnpwty. 2. Imblee$$ Imtlflatta Will oe M Wilding face 109 it tit Wlicibe food, eeLM Kf &. A cesefmttom of Sm m t age all sign my M US", (WSfnnsm wlthia fhappiN a Nair of fur ay em mt to exceed lip de. K. ease to m Gm be blow tW horaswe only a Y]IY of i SIPS may W Used lo Identify contM) ►wslmat. 20 feet fro any me ulfnGt. f fat shad gnee. ►. Will alin an limited to ►lutmas IYmttftcatim Only. C. Nwaot sign Neu Cotatn W U three Ioasttricaums M Slant blther the showed neon of the color am two Saute w Items torte. TM design (celw, material sqle) of all s t sign shall M con11stam am Ca"Nlble to the design N ton catty. fYAr�erlt SIPS facia differant streets aage at contain fanatical Infamett". Ad$itidnelly, a two-sided sign edge nee contain tee am coy. d. A tenter IS om In Mich Wslantds age stroctwm are to a me anrbli 1t. S"h "go U lAftw"nt of ft nuew N structures. lots. or ,a parcel$ mtia up the saw. Oee M street 21 sq. ft. w ta 1 feet e. All shappfa cmtws &halt movement fronts". M annlep a Coordlmted Sign to M development MMeo fur all tmrU age uses. 11h11 IKImm ilia, COW. SIP I'M. and lKatfm.a Lte1W Variation Is pootted, Such as color, as lay G the retaining CeAenmto of the program nmla ton Same. wstmen directory To be 11 sq. ft. LY U d feet I. The business dfmtwy signs (s l determined in latageed to prerlde directions and Identification to awrangel by tM City al by the oa0 emu IneMWI shop . sign ay taint. All sub St a $Mil mlolols a stair Meet 1K Iwo a aced to Setback fro the street Ice Structure w WSW" fm the reed of Curd. sleet. i. tvblm$$ LaontlfltlttOn Will To W as N The N list G an1Kt a. A cgcept") sic pregrr for• (multiple defaeedeed ey tM Clb w the trmAeo bun &ease 1M ref. building that) 4 rmfmd at the tied of &LIP mi". professional plamv Meet I" Is Is M t~ts ore m dad in". mt to 1. lha City plamer %MIT mtm., aj`, then than!. Individual NOW 10 all office SIP pwa •!_. TM AwMw age ` ►lade. ant N Wilding design. gain fat. through tM ".riot pnoeden";�)31;, U delorelm that It w w criteria nnin fee 0m M Street eu1M N 2 1 So. ft. 0► to 1 feet :y4 -11 O�*dfnCtary tied tlmll ha SW aaarnt Age mete the IeUnt ONLaOnCe. y:a:. S 1 upi -i Mer. �K Class tT lips rod and Business girectwy Site afr*ctry fowetewt) and I-- me t o, $pedal I Will a serrlce sign ground on pr stmt >s f�. te. to cacess a total of tr per tutlr. an far eta 1 e*. ft. pump file". hot to umed a tau) of raw W stattw. tarredciternt VlAfts r I fettle f q. It. sq. ft. am • r I1�rut . e b :!, ly KC C. 1lwitewt tl�nt WWII M MKted Amfly er paned to tdwtlfy� profusimal complex. of W Heft Istdwt d. pesfhols directory Stpf sq M Whip dtflg placed threughrt the tit* as rested yle of 4"" am &Mil M lisped to •'t imp.. it ting the tehonu ere and War u s0• /t• W to 1 fate a. to direct Withers wo %me aeerywq vshfctee to ouftdfnge h. sip $MIT M ewtwlwtly ' t be laittedd within the entry throat In a ouster MIN could block accent. C. IlIDelhoted for 1211►I1lq t* how" a day. d. Sir WIT IKate kulldfMS. rinrys. and adtnts of Ka 1e1111*1, Fin Irydrrt or shot u 9rre d"1red b district. tep shell be elnhr 1 Ina In r on pr stmt >s f�. te. to cacess a total of tr per tutlr. an far eta 1 e*. ft. pump file". hot to umed a tau) of raw W stattw. tarredciternt VlAfts r I fettle f q. It. sq. ft. am • r a, Ac MIT rtiw N sen.ret aho eeftetrlr traffic. eon Grei fetal atrstlpf. to d feet ►, IM raret sfffne shell M Sleights u IKlude the LeReerary snips such at sales. de tlru Idwtiflmtir Is Idwtlffutfw of fly steel" and prlfw prices. No other prim sips " al IV*d. rested yle of $Neill N,,Ic4 tips shalt he I lei W u ouch Ito" as Sol f •'t imp.. seneiNll ww.. air, wtr wa the LMII ahattfsroent shall he to edyrtlstng special samful. love �ttflCHIMtOfc the ibusiness for graft• eeftetrlr traffic. tined i sips shall M Ilrted to I*M grade. LeReerary snips such at sales. de tlru Idwtiflmtir Is 7. aeglsrl _••••• •^ •^•. msgry. tYae ableigeywt he a •estte Ca fhepelq cwtr•, a twngtwl flp pngree iMll M developed and Shopping Gn[r and appmeed 1 site ►lamp M Uwe$llr Will the *trait *prral N the the slgK 1M1 M furltt" u the City flower le aacerdwm MG the $134 MNtplproceadentlt of The City ►laerr shell rwir far crdtetwq sAG alproNl teetrtWl erO rr. t. Ibtie lhrtorf LVN dell, t^wt of a 'rile thKtwo. a twmHrl tip �Mneyg�a LMII M duvet 7 the ►IarIM Cswssir with the overall q►ro"I N tho ra3Kt. flhel deutit N the $If�}�� Approved whNtted to *he city ►taerr fe "ceramics With the clip -pentt precedlrw, The City florr $411 miou for Creitury With boorered cwmptrl prow ,W! ORDINANCE NO. AENOMENI TO TITLE 14 SECTION 5: Title 14 of the Rancho Cucamonga Municipal Code is hereby amended to m yy —the table or sign uses in Section 14.20.110 to read as follows: `14.20.110 Permitted si ns -- Industrial uses. The following signs May be per- or n s r a uses 3uvjecr to we provisions listed: ,.y .tip on CIA,, 1 a,tl Ids, will Win All Kit _ t /aat,te feral, WIIM 10 of�tlr �� slatle wcet) 2 t beeaaN aWillosy f u Not ect ,. Wt ►� W,Iwe Ilo, . it inn /m a Mt /la�uptt wll W flalt'd it at Of i/ WIfal carat fe'o,tete Mt t to >♦. /t. eN /. mtn't'm � 01,14M OR qt)y� _ ! W to fat D• A ccaD /atla of wll 1• M„Iwt Nr ~ aw wlwlt ,1 al faatlffutla will Cly nr aewrn . /��aYs k weer, tfatyjtaaat Wltll +M log of file Net to +tc,N j pr W,I"is. rot M f WII w Wt� 1so w t. „m of ft a' Marl then resat 1NIrUa1 Detfww rMet e1 tW ontrto filar h sets ansiesi serf" to — si. g_+cw « Wn rft Isd llr,ct,71 ,r K-mwt F ::il a itf � l nvtwo to to M/Ne t such t• 1a Neett y a,ryD rtty eay oalca W II skill MatSi y la"M W outafmtlr sat hate! within , y' is I ft' r Mrt% past plm t c' 7nrot�. /err 1pttlllty 14 a. :'r. ,will loofa Wllll WII ' ty y,a/ / •IJeAS & O's W loutf@4 n t or tat t, "Ind 1/N N Dt tts e• + District. K t7. ft. W � t M"InI to M tat ' IDIe f1 20 ff ff A sq. n. I ry to M fat +ep,ftf*s. atal, o/ W aft, D' t�bus,",, aoll aI'" y anannt Z' Shall platter effA,r ow the ftfs oval Ntrm i 41�Wa ,r c' A aaaemt 14+tiflutfa tltn Ibus,aua! Ir" Of" is tae f6attfy tp en/ rToet. 0 To .'.'TLC lI CrZON o /SI�;�'and herebyi� cOWild"cetyihereby finds tot project. °AC++rs the end ce that Passage at ms`s: Y shell 9etTv� /4cl�ry o4r e1W respect Ac th shall cduk TZON 7; RanGiol�� inatha Once l Csp11 p rt. �'ht iinnrsfIf M� cf15 And the City Clerk 9e. GI! rnie. and circulated i inl the after a of i/ .,i- 1. AFFIDAVIT OF PUBLICATION k RATE OF CALEFORNu 000NI'YOFSANBERNARDINO ,• Ii Maurine D. Pusan do hereby cettlty that I an tit Legal AdvertlttnB dert of THE DAILY REPORT, a detly W, �a�rI of general dreclalion, M the Qty of Ontario, Slate aformW and t the attached adveriLenvst t 1 Notice of Public Hearing City Council City of Rancho Cucamonga __- lies published In aW nefrrpaper one m i it-* knit: February 219 1987 I Nobly wader penalty of lLTlury that the foreBoinB la true std Comte. -- — - - - -- tsy{ .ore! Dekdat&ttarlo,Calllortdatha 23rd dnyof Fehrusry ,IFBL, r' - - •ft CITY OF R INCHO CUCAMONGA STAFF REPORT fP` 0 DATE: March 4, 1987 TO: Mayor and Real of the City Council FROM: Brad Buller, City Planner BT: Alan Marren, Associate Planner SUBJECT: ENYIRO1NpiTAL ASSESSMENT AND GENERAL PLAN ca AME NDM^ 7_pl! +n aPP se a eawen o e eneral Plan from Office to either Low Residential (2_4 dwelling nits/acre) or Low_ Residential (4 -8 dwelling units /acre) for 1.1 acr)esdtof land at the northeast corner of San Bernardino Road and Carnelian Street - APR 208 - 09_09. 32, 60, 74 and 77. I. - RECpNE, N_ The Planning Coal nrocmmends that General Plan Amendment 87- attacheddRe Resolution tpeni,�ltwoul council curs, .adoption of the II DISC_ D_ Sg1pX At its January 28, 1987 meting. the Planning Coamission a land use amendment for the Parcels considerea located at the northeast one of aan� vacant office Rpareels wwhhichlt a City Councils requested a result a review of fn July, 1988 for land use amendment consideration. As Coeaafssfonfdirepcted ®staff site review late in advertise A CityllnitfatedPGeneral Plsn Mendaent to review residential alternatives for the land. At the determined uthat2the�Site'z ould Planning in the Offices land vote use designation. Concerns of the Coal which resulted in this oPinfon include: A. While resf&.Itial uses in land border the site to the north " and east, the COMISSion did not believe the site itself was conducive to a satisfactory living environment due to the site being streets. located At the corner of heavily traveled ,376 CITY COUNCIL STAFF REPORT GENERAL PLAN AMEAMT 87 -OIA March 4, 1987 Page 2 B. Further, it was mentioned that the use of this site for an office or restaurant activity might be compatible with a future commercial development on the south side of San Bernardino Road. As a result of these concerns, the Planning Commission could not make the findings necessary for a recommendation of approval. The Planning Commission minutes and staff analysts as contained in the report of January 28, 1987 are attached for your review. Re tfull bmt , ler City P inner 4 ' b ' BB:AN:te ;• A Attachments: Planning Commission Staff Report of January 28, 1987 Planning Commission Minutes of January 28, 1987 Draft Resolution of Denial 7Y .b•:TK;�•y e .Y C1Ty OF RANCHO CUCAMONGA STAFF REPORT DATE: JanuarY 28, 1987 GL TO: Chairman and Members of the Planning Commission FROM: Brad Buller, CitY Planner BY: Alan Warren, Associate Planner SUBJECT: ENYIRONIENTAL ASSE SSNEIIT AND 6ENERAI. PLAN WJaXNT A7 -01A an use a e n o e eaersl Plin frog office to either Lew Residential (2 -e dwellfn units Mftn Residential (4 -8 dwe111ng units /acn) cfe 1r1L�rcsdium land at the northeast corner of San &rnardt. Road and Carnelian Street - AP 208- 09.09, 32, Bernardino di and 77. 1. ABSTRACT: As result of Planning Commisston direction, a city Tun designation Ca has been filed to consider changing the land Carnelian from the northeast corner of San Bernardira Road and The Plannln C office to either Low or Low- Medfum Residential . land use 1s Comission should determine 1f either and forwrd its appropriate than the existing office designation recommendation to the City Council. tI. 0BACKOROUND: JuIY, 1986 the C1ty Council requested that certain for Possibles0e orals Plan LandtUseechan changes. the Planning Commission St�tthe northeast corner of San Sernardtno Road of those Site s uses to Council did not Rise any specific altenrna Freeland stogy tMb sites ide t fled and�ested that the Planning Commisstan Council. Provide recommendations to the City In its review, the Planning Cosmtssion voiced concern over the potential use of this site far offlte development, This concern was due to the traffic volume on Carnelian and vineyard and Potential bordered to accessing the site addition, the site is bordered an two sides by residential land which caused the therefore recommended land use com4atfD111ty concerns. It was Plan amendment to elther�Law this site be considered for General or Lcw-14dium Residential. 3 %a ITEM I e PLAOININ6 COINISSIpI STAFF REPORT "t GPA 87 -OIA - CITY OF RANCHO CUCAMONGA January 28, 1987 Page 2 III. SITE DESCRIPTION: A. Location: Northeast corner of San Bernardino Road and ra-r—niTTaWn Avenue B. Area: 1.1 acres (S parcels) C. �rreundtn Land Uu and Zoning: me units /acre) y(( Residential. 'L' (Low, 2 -4 dwelling East - Vaunt, 'LM' (Low- Mediuum4- 8fadwelling units /acre) West - Single Family Residential, 'M" (Medium, 8 -14 dwelling units /acre) D. General Plan Designations: site - Office North - Low (2 -4 dwelling units /acre) South - Commercial East - Lew -Medium (4 -8 dwelling units /acre) West - Low (24 dwelling units /acre) E. Site Characterlstica: The site is generally level with slight j slope sou At the boundary with the singgle family lots to the north there is a grade difference of 7 -15 feet. Approximately 15 mature trees exist on the site, along with two small single family residences with garages. i ' IV. ANALYSIS: Staff analysis will center on three significant issues on a and use question are as follows: a. C tibilt Yfth Surroundfn Land Uses and __s_y� ens: r ow or ar- L wou comps e m to Tree ayacent land uses of like designations (L i LM). The Low -Medium designation would tarsi a logical progression of density from the L properties to the north and it would open opportunities of master planning the subject properties with the vacant IM property to the east. At a little over 1 acre in size, the site exhibits soma inherent design difficulties for a standard single family subdivision due its limited size and location on the corner of aterfal and collector roads. Any residential 3-23 January 28 Page 3 �REPORT ffo UOAlpf10A development ac 1lmrntse to °me difficulty in Providing adequate buffer ffeceracenits a4vS, Attachediuni t+affic Impact clust SfdeCtt ►ould afford units with no Side °f trafric nois! �d°DDCOrtu tes to ability he to existing develcppnt ►ould not be n tstie in n�tsalfi rith aasttrbp ehn dcompatibl d �Lthe 4 L district to t!a nor" Is alr�tt a because d Generally QY deve onthetifring� cufx bitndevalopmemnyf djjficultoest�a for ire cao•ercfil uses rs Cedt*won&fly const , is is this this site, f+edtatal develapet ThttP)e family d�.ropri t. iesiggetible unjessnextensive Slagle faally�usesfiGn Use design raw limited stxea not possso acks are prorided, be b, of the sill, in this case due to the or traffic Mal vs: The plannin 01, the ° 'a be dev copal Into ihe ollor/nCommission sn aotfOr ldevelcopment be devil generation ratios and resulting 9lneral analysis ustng current traffic Existin traffic counts; Existing traffic counts: (ADi)�rn d ! (ADT� n0 r )food - 3200 average daily trips f lan 19,000 average daily trips Estimated traffic generation by land use: ±e Bail trips. i49 units at 10 AOi /unit) . 40 9e daily ADi/ Mt) ; InAvle a D doollin 56 averag! daily trips. units at 7.0 Office (assgfnyy feet at Api /1 000 square feet) .1211 e� Square trist)I , h ' Z -3 GPA 87.0 �OMIISSIOM ST NORM Pagea4 28, 1987Y ftAflClq CUCCAMONGA iThe residential land use alternatives would less traffic gmeratIon upon clearly result Properties. development of the C. Conststmc with General Of elandP an as severa o Plan Goals uses in the city. ec ves n9 rd Policies: h diversity while lnsurin These Policfes�anfzati achieved. In addition, settlnOwat /bfllty between Medium Uensfjy Residerttfa) a 9 criteria for tween uses ro discussed as follows: and Low_ Ff de tial cla If units /gross acre family homes SS is characterized b tradltfonal uef The densi !ow Usingle su�Y units ghborhood ch rac APPro riate wjord t'le icleet trooads,vashoppfng Where �+ lerelaOf services Low" Justify a hiOar denstcreatiM are not te9orle 111119 aef ts/iedss acre). densities is s The Low_ Residmtlk+�leg ; glillh goes dms {�re�4jties Acre housing S "8 ng units far In single amilbyezer0 lotrcludindd9p,MSypfcajlY gore fiisaCatego yf of OMd beuna to 4 6 1t PT e ez• adsingle area as to ropriate unldr Changing the Inc OU age greater wfthirt a Low ts. residential ch+raet0 Mlly Ch+rhWter9afitjN3 Sh The General ,an dlective regarding office uses for the foil 'Integrated a Provide reds located. Where latedsandasuDPOrtncouraged to Provide Drovent the a intent this land use cateces. ProlifausesM o/ uses gorycfs be to Cn�+erciol indivfduaj Offices. include addnt uMYeed within in fsolat d fnsura business tha office M support services; Professi nil se�rsa: and such as a resse rice su ' estate and :ediive PLANNING COMMISSION STAFF REPORT GPA 87 -OIA - CITY OF RANCHO cucANDNGA January 28, 1987 Page 5 A side issue is the noncompliance of the existing parcels (size, dimensions) with zoning standards. Currently all the parcels are nonconforming with the existing development district standards for office /professional districts. With the exception of Parcel !60 (Exhibit 'A') all the parcels satisfy minimum area requirements for Low - Medium districts. Only Parcel f74 can comply with minimum width standards for the Low District. The City subdivision Ordinance contains lot consolidation requirements for those parcels under single ownership that do not meet minima lot size. V. CONCLUSIONS: This amendment provides an opportunity to limit o ce cowercial activity in this area to the south side of San Bernardino Road by changing the existing offico designation. This would be to keepfnq with the General Plan objective of limiting individual isolated office developments. In addition it would lessen the increase of future traffic volumes at the San Bernardino Road /Carnelian intersection and finally, would eliminate potential compatibility problems with the existing residential development. The residential alternatives both offer acceptable land use coepatib111ty and transition configurations to adjacent uses. However, the development potential for Low my be limited by the size and location of the site. Access to such parcels would need to be directly from San Bernardino Road because of difficulty to providing a local street into the small site. Further it appears a Low - Medium designation. would better fit the General Plan requirements for this site. VI. ENVIRONtiNTAI ASSESSMENT: The Initial Study has ban completed by s an reviewed in the Envlron entsl Checklist, Part II of the initial Study and has faund no significant adverse environmental impacts to occur as a result of the proposed amendment. VII. FACTS FOR FINDINGS: Should the Commission upon examination of General an a] and Development District amendment decide that changes would promote the land use gals and purposes of the General Plan it would not be detrimental to the adjacent properties or cause significant adverse impacts as listed under Environmental Astessm "t. the following findings are necessary for approval: A. The amendments do not conflict with the land use policies of the General Plan; and 3�b �; PUIRRIMG COle1ISSI0R STAFF REPORT OPA 07 -OlA - CITT Of G ANC RD CUCAMONGA January 28, 1987 Page 6 B. The aeendgnts do promote the goals of the land u.a eleawnts; and C. The would arterially datrie"ttas tO the Adjacent properties. injurious or TI)I. RESPOMDE)10E: This it" has been advertised As a Public Hearing sent to all•p °ro �P`PQr. property posted, and notices owners with)" 300 feet of the project site. IX. RECOMMENDATION- It is reco�anded that Assessor's Parcels 4208- ��' �' 7� X77 �!Bnoted 1n Exhibit •A• be changed f� Office to Low designation. Should the 1Coreissfon date rrine ,that the required use facts for findings have been art, adoption ha the Attached Resolution rKaarendiog approval of the General Plan aee Alta and OPPropnrfate. a Negative Declaration to the City Council would be Respectfully subritt -id, Brad Buller , City Planner BB :AM:vc Attachments: Exhibit V - Vicinity pap Exhibit 88' - General Plan and Development District pap Resolution of Approval W WOMRDIAO RD. 4-41C, utiwir? CITY Of RANCHO CUCAMO\GA PLANNING D(VIMN ._ .. .-I • __ 32 VAIrrJ cr sm MATH P A 81-01,4 r rm- %Il TrrLe� u ri< -9 0 Foothill Arrow ft LLft D an�.cc �. O� NUAM r ��o "41w►w �SPOCUL m �3"� ,pyA. 8)_pIiltlgii �y M 1W MH Gc��r,- CITY Or M rc , \C['O - NOMI, r: EVHlmr,_ '.a1 c TS Tm.f WSCALr' I "' 1 EMV� — I benera arcre) c acres Of Street Otto --. .1, u. nuau and KrouCil Carnelian . Senior Planner, presented the staff report. TolstOY Basked what is Proposed for Lot 77 and how many owners are Mr. 0outil referred the question to the property owner's representative. Chairman Barker opened the public hearing Steve Lucas, 9409 Apricot, Rancho Cucamonga, re stated that all of these parcels and the 4 -acre site owned by the same person and have been ter over 30 site the Property Of the history of the property adlacent to the east are buffer 1s needed between the * The position of the properCe gave an Road and the residences on the narthr ial Y owner was that overview that area on the south side of San Bernardino buffer. Or a^ increase to the density To Place Gore residential units to nice visual uselt an Office use nicely Y he did not consider 1nte,slve uses, of the site and a vsualdbuffPee� betweennthebed each of e a camcerctal use behind the ed th&t the would le a and is site on the south side more and less would create the more ro emscilit es.t he felt that residences across the street Y hard to develo winery site. It is a 10 acre site would create hire picalefa and addltif I P because of the City,s wishes to residential because of the traffic a the intersection. owner was not tonally the earner 1s a bad location for residential In 9 selling this ofPtce Be advised that the not contemplated. adjacent to it and that pleceroeal deeveloe separate P ated. of the Commissioner ^t of the site 15 Office. was the intent asked t this particular entire site master he existing houses beoellmi is zoned for Planned as one parcel. eliminated and the the Lucas ility that this is the intent of the consistent bwlith the a lot line consolidation as a Property owner, He suggested Y owners intent. guarantee, which would be Brad Buller, City Planner, stated that whether goes onsolidation lntosoneelotdwould be a wise choice and encouraged the or the site remains Office p�ofesplanal��jnt Pursie that course of action. applicant 3S6 There were no further comments, therefore the public hearing was closed. Commissioner the site in terms aoftd sirability� make a aslotg ofrsense. From a traffic standpoint, single family homers would be desirable to minimize impacts to San bernardino Road; however, she couldn't imagine anyone wanting to live there. She supported the concept of master planning this piece of property and the consolidation of lots. She felt the landscaping going up Carnelian to Hemlock might make a much better window on that corner. Based on these considerations, she suggested the site remain Office Professional. Commissioner McHiel stated that he could not picture an office building setting on that corner; however, felt that a restaurant might not be a bad idea. He felt it would be to the property owner's advantage to go to residential to allow for the possibility of a restaurant use. Commissioner Tolstoy stated that Low Medium Residential would be the best interest of the land as long as it was master planned as one lot. He felt the site should be master planned even with a commercial designation and stated it would be essential to get the separate parcels intr. one large usable piece. He felt Low Medium would be the best use for that piece of property and provide a better transition with the adjacent properties. Cemmissioner Emerick concurred with Commissioner Tolstoy that Law Medium would be the appropriate designation. Chairman Barker pointed out that the lot directly south of this site is the winery which he hoped would be developed to some thematic design and would be commercial. He stated he could see a restaurant on that site, but couldn't see the site used for office. He felt it would be an an uncomfortable site for res dential. Since a restaurant would be appropriate for an Office Professional designation, he would be inclined to support that designation. Commissioner Tolstoy asked how the residences on Hemlock would be protected from the parking lot situation that is going to occur with a restaurant on this site. Chairman Barker stated that it would not be easy; however, he felt the situation could be mitigated. His major concern is that he didn't know too trafficooneCarnelian. want Pointed live out that these given issuesthe woullights halsonhaveito be mitigated with residential development. Motion: Moved by McNiel, seconded by Chitiea, to recommend denial of General Plan Amendment 87.OIA to the City Council. Motion carried by the following vote: AYES: COMMISSIONERS MCNIEL, CHITIEA, BARKER NOES: COMMISSIONERS: EMERICK, TOLSTOY ASSENT: COMMISSIONERS: NONE - carried 391 RESOLUTION N0. '3'7 -lo i A RESOLUTION OF THE CITY COURCIL OF THE CITY OF R,�HO 8"CA DNGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT N0. 87 -01A, REQUESTING AN AMENDMENT TO THE LARD USE ENT No OF THE RANCHO CUCAMONGA TO PLAN FOR 1.1 ACRES OF ROAD LOCATED T� STREET. NORTHEAST CORNER OF S.VI BERNRES OF ROAD LO advertised p��' hearing non oJanuar� 28 1987 Planning consider issi comments a duly Proposed application. y on the to consfde "'REA comments on the proposed Leneral Plan Amendment No. 87 -01A. following ��TT1 Iai y=1' The Rancho Cucamonga City Council hereby cannot state the A. The Amendment does not conflict with the Land Use Policies of the Generrl Plan. B• The Amendeent prortes goals of the Land Use Element. C. The Amendment would not be materially injurlous or detrimental to the adjacent Properties. Council does NOW, deny BE IT an Amen that the Rancho Cucamonga City Y deny General Plan Amen that No. 87 -01A. A ii uy _T, AFFIDAytr OF PUSLICAI SPATS0Pl;, UMIW1A 0DlJ?fTYOFSA'RMARDlHo ea r.- —marine D• Fagan p r c(a�°rr�� akotp 7uTLI DALYyREPORTT, a d and State atore"W uW @at tl�� dc%o►M of Notice of Public Hearin[ gem C� t�ci l City at Rancho C ucamonga au Wbl4hed In aald ne -- 1►apaper_ en it wft` February 1 - 2 � 19[17 I �T Paulry at perjury fiat fhe ! �6oing b true and Yhdatoncedo y (Slg— Calllornla tMa �� 23— day of CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1987 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Cynthia S. Kinser, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMEMT AND GENERAL PLAN AMENDMENT 86 -03A al- D from Flood Control t �LOr_Medtume0ensfty Residential (4 -8 dwelling units/acre ) for 40 acres of land located at the southwest corner of the extensions of Banyan and Milliken - APR 202- 271 -55. I. RECOMMENDATION: The Planning ComniSSion recommends that the city re Council concurs, adoption of General Attacheed Resolution fofhDenial would be appropriate. 11. BACKGROUND: This General Plan Amendment was initiated by the owner 0177he Property to change 40 acres of land on the southwest corner of the extensions of Banyan and Milliken from Flood Control to Low Medium Density Residential (4 -8 dwelling units /acre). The Planning Commission initially heard the requested General Plan Amendment on September 24, 1986. The Commission, was concerned with recent Problems associated with small lot subdfvlslons. They felt that a Low - Medium designation world create problems with grading, circulation, drainage, streetscape and useable open space. The property owner's representative, however, requested a continuance to prepare a conceptual plan that would show that a Low - Medium designation could work. Such plan had been proposed and submitted to the City. III. PLANNING COMMISSION ACTION: meetrnig� The Planning Commission, at its anuary held a public hearing to consider the General Plan Amendment and a review of the proposed conceptual not Plan. ddress their Commission cerns of grading proposed d ai ge, and pstreetscape.idThis General Plan Amendment was therefore denied by the Planning Commission. The Commission, however, felt that a lower density would be appropriate for this site. Detailed Staff Reports to the Planning Commission are attached for your review. 3&s/ CITY COUNCIL STAFF REPGRT • GPA 86-03A - KAUFER March 4, 1987 Pa3e 2 Re/ Z ally tt� l Bra Buy er City P anner BB:CK:sgr Attachments: Planning Commission Staff Report of January 28, 1987 Planning Commission Staff Report of January 14, 1567 Planning Commission Staff Report of November 12, 1986 Planning Commission Staff Report of September 24, 1986 Planning Commission Resolution of Denial r' Resolution of Denial t a 3�S CITY OF RANCl10 CUC.,Ul A STAFF REPOgT "'a 3 LL DATE: January 28, 1987 � �j _z T0: Chairman and Members rs of 197 Brad Buller. FROM; city Planning C�sston BY: ity Planner Cynthia S, Kinser, Assistant Planner SUBJECT: �ENVIR,OkVE�NTAL ASSESSNE1ll AND reques GENERAL PLAN MEIl011ENT 86 -03A (4P8�dq�el l f Q0 � control to Lqr_ a nera an an SID the sou g /acre) for 40 ecrwes�sity Residential Nfillkan - Ap corner of the extensions of B APN: 201- 271 -55. anyan and t. BA -, Commission continu thssion meeting of Se °f the transition Olis ltam in order that amore 24, 1985, the November 12, 1986 and land uses in the area be tdetailed study to Pretaearea.the applicant's 1987 the order for Meted, incorporatin Conceptual mister plan for Comission continued 9 the parcel a the sub ufamn and Broad The adjacent to the south, (Exhibit ite• also area bounded pmaster plan (Exhibit -C -) would Creek. It isy Baryan• Milliken, future Route me�aaS tae developed if �peresented here to illustrate how the zf emt3re develop amendment to Low - Medium � oC Deer Proposedydensi atres, Exhibit B 111ustratese aPProred fir um the Camnissio, ist�aIndd dlst�bmlitted a TDB' existing the land y U0a deve approved tt5eshouI also (bee noted tha pDrtfpnttoof bthis It were site as shorn developer would be Wdert�gt if the me site obligation ID °eveiop the This staff report focuses mostly on issues associated with the �andeusndfsmesuses, Plan. s For eddprevial anal2rsis dealfng vetch other Please consult previous +aDPrta, also attached, 386 PLANNING COMMISSION STAFF REPORT GPA 86 -03A - KAUFER January 28, 1987 Page 2 II. CONCEPTUAL MASTER PLAT: The conceptual plan that has been presented covers 62 net acres, of which the 22 acres to the south are outside of the amendment area. There are 295 units to this conceptual design for an overall density of 4.75 dwelling units /acre. The plan that Kaufman and Broad has presented is similar in concept to their development in the Caryn Planned Conownity on the east side of Milliken, except that the average lot size in this proposal is somewhat smaller. As in the Caryn Development, the northern portion of this development contains larger lots than that of the southern portion. The northern portion has lots averaging 6,000 square feet, with typical lot dimensions being 60 feet by 100 feet. This will produce 146 lots for the north portion with a density of 3.84 dwelling units /acre. These lot dimensions appear consistent with the Low - Medium development standards. The southern portion of the lan has an average if 4,600 square foot lots with the average dimensions being 45 feet by 102 feet. Aecarding to the applicant, this will produce 149 lots for a density of 6.2 dwelling units /acre. This 1s a loser density than tin. to --ent Development District designation of Medium Density Resldee -tal (S - 14 dwelling units /acre) would permit. However, the 46W snumre foot lots do not meet the Low - Medium Residential standard of s aFeimum lot size of 5000 square feet, or minion average of = sagore feet, The master pin sftws :: b IS for M90 slopes in "a rear yards of the south facing lots At= are typicary 120 foot Jeep, At 2:1 slope, this w uld translate Imo = to 30 fees being users as slopes in the rearyards, Cue- hwdree -amentr foot esep lots, with 32 foot front yard. semacks and oack yar_r sl— reruiring up to 30 feet, Will have less than 2 feet ramini?q fns a: building pad and the rear yard - Tkfs wrill soon :oat rr?vmm-- retaining walls, a substantial portion of the flack yam aT,l be a slope (sae Exalbit 0'). This, of course, would have grgets impact an the smaller IS. There are otter issues that would need to be resolved tin this plan, alma as double frontage lots and street drainage. The plan does rmt recogmlze P.aegan Street going through along the north edge of the property and 4=33 on to Banyan would be expected with the eliarinatiem of the north access on Mi111Yen. However, detatied site plan review is beyond the serape of this report. C. 377 PLANNING COIMISSICY STAFF REPORT GPA 86 -03A - NAUFER January 28, 1987 Page 3 V FACTS FOR FINDINGS: Should the Commission, upon examination of the General Plan Amendment, de :tie that this change would promote the Land Use Goals and Policies of the General Plan and would not be detrimental to the adjacent properties or cause significant adverse impacts as listed under the Environmental Assessment, the following findings are nece.sary for approval: A. The Amendment does not conflict witis the Land Use Policies of the General Plan; and D. The Amendsent does promote the goals of the Land Use Element; and ' C. The Amendment would not be materially injurious or detrimental to the adjacent properties. III. OPTIONS• n There are several options for the Planning Commission to consider at this tine: A• Approve Lie applicant's request and issub a Negctive Declaration for Low- .yodtm Oarsity Residential for the north 40 acres and provide appropriate direction as to what should be done with the southern half this 0f caueptual plan. 6. Deny this application and request staff to initiate appropriate aaendmentm. As the transition of land uses has been an issue from the beginning. the await the ijof Plan 866- -03D northwest the subject sitetIn of order rto review the land use transitions at one time. S IV. ENYIRONMXTAL ASSESSXNT- The Initial Study has been completed by staff and no significant adverse environmental impacts were considered associated with the site. V FACTS FOR FINDINGS: Should the Commission, upon examination of the General Plan Amendment, de :tie that this change would promote the Land Use Goals and Policies of the General Plan and would not be detrimental to the adjacent properties or cause significant adverse impacts as listed under the Environmental Assessment, the following findings are nece.sary for approval: A. The Amendment does not conflict witis the Land Use Policies of the General Plan; and D. The Amendsent does promote the goals of the Land Use Element; and ' C. The Amendment would not be materially injurious or detrimental to the adjacent properties. PLANNING COMISSION STAFF REPO 86 -03A - KAUFER January 28, 1987 Page 4 YI. RECOM"DAT104: Staff is requesting pr pertytian as to the most appropriate for above Stated options, property. to are attached for the Respectfully Submitted, } S / Brad Buller City Planner 88:CK:te Attachments: Exhibit 'A' - Current Land Use Exhibit ABM Exhibit = Smsary of Densities C Conceptual P14n Exhibit 'o' . Typieal Sectlon /Site Plan Concepts Staff Report- Soptmber 24, 1986 p Staff Report - November 12, 1986 Staff Report - January 14, 1987 Resolution of Approval Reso;;•'on of Denial �x or (OPA 88 — 03D LM-4L) m LM ►i r i FCI FC BA CARYN P.C. lu; L (6.801: — 11.0003q.1t. LOTS) Q L (4.000 — 10,000aq.1t. LOTS) HIGHLAND AVE. LM LM VC; M LM < VICTORIA W VICTORIA CURRENT LAND USE NORTH .DESIGNATIONS �^ EXHIBIT A a3� SUMMARY EXISTING (W/ FC changed to L as 3du /ac and M as 11du /ac) PROPOSED (ALT A) 378 du. I 295 du. FC* 114du 38ac M 264du 24ac 12ac FC 146du 38ac M 149d u 24 AV G. DENSITY B.Odu /ac AVG. DENSITY 4.8dy /ac 25% HIGHER THAN PROPOSED NORTH LOTS 3,84dW,o, ALT A SOUTH LOTS s,.ldu /ac a. EXHIBIT B. 39/ s�y♦ , ■ CATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT CC January 14, 1987 Chairman and "embers of the Planning Cemmis5fon Cynthia S. Kinser, Assistant Planner EHYIRON1EhTA!_ ASSESSVENi AM GENERAL PLAN AMENDMENT 86 -03A (4pB reques amN•n a enera an an se dwelling ng units /acre)ofo 0 diem Oofsfty Residential the southwest corner of the extensions of Bmlyan and Milliken - APN: 201- 271 -$$. t. BACKGROUND: At the Planning Commfssfon meeting of November 32, Broad Amendment �d Homes uf nihdrBroadenwtrep�ese�ntttin this General Plan Broad proposed to tncorpo ste the lower 27 acres (Exhibit )8 destgnated as Mediae units /acre), with the subject1te Residential e40 al (8 to create ina conceptual master plan of the 67 acres. The Com4155tm continued this General Plan Amendment conceptual design be prepared. to January 14, 1987 in order that a II. CORRESP0MENCE: Kaufman d Broad have requested that this item be Z nue complete the fer co master plan. A letter General 'A') from Alvin Kaufer confirms their request that this General Plan ndment be continued to January c8, 1987. t1I. k GMME DAi 0 ; Staff requests that the Planning Commission grant con 1p�ua c c this General Plan Amendment to January 28, 1987. lesp ctfull�if. ..._� Brad oul City Pla BB:CK:vc Attachments: Exhibit 'A' - Letter from Alvin Kaufer E,hIbIt R 'B' - Subject $1te and Nester Plan Area Staff Report of September 24, 1986 Staff ReDOrt of November 12, 1986 3 9� I" : ■ Y •,w ornt,:a Y NOSSWAN. CUTHNEK. KNOX B ELLIOtT �i' r..•1 r.wf ewN1r full r.oew �....ew..e.e- wa 1,[ [.p.cwfro •'.1 sWrw rwueww [Tw[[r D.w r.•,[.XO N [u M•up LOS ANOLI[{. Wr,awMN .00]Fq). 11[1. ,be. F.." L.] Roe rq...1.9 oor ...... o1 —a.Mw "a e.LoaaMLn. eae ua•1.00 e.•x[ fe..r. Rueen[. su•nei mo[ nap 1[u. ...... 1 N.r. LLO [[X1[1 OML .N1L L6.11 Jac Ce1r`r::i::.;;;0`•4" December 18, 1986 1.0 . ["9lee:[.. go." l,44-1111 Jf..2iri7.828 81 q P4 ttr. Brae Huller Y Planning Department 9320 Baseline Road Post Office Box 807 Rancho Cucamonga, California 91730 Re: Cnnsrel Plan ]emwndment Miahlend and Milllk' a Deer Mr. Buller: ' ti This will confirm my agreement that our request for a General Plan Amendmert may be Continued to January 28, 1987. Very rUly yours, Alvin s. -Kaufe LA- 2 /0011Q /ASK/mCm CC: rMr. Otto Kroutll 't E.kH131 ?] ii s 'r G►.,.eFF�r I. T ►y H LAND �M F� .L LM Me M FG Sv6JE.c --s S�Te. GdR -Y+J Rac�MT of G�%`Y Y J J J CITY OF ITEM: RANCHO CUCAMONGA TITLE: = PLANNING DIVISION EEHIBIT:-&-_ 3 5� CITY OF RANCHO CUCAAIONGA ST -AFF REPORT DATE: November 12, 1986 Q--�i TO: Chairman and Members of the Planning Commission r FROM: Brad Buller, City Planner BY: Cynthia S. Kinser. Assistant planner SUBJECT: ENVIRONMENTAL ASSESSNEHT AND GENERAL reques PLAN AMENDMENT 86 -03 ss p rom Flood Control to enera an an Residential (1 -8 du /ac) far 10 acres of -Mediae Density it southwest corner of tM extensions lOrd abed at Milliken - APN 201- 271 -55. Ryan and I. BACKGROUND: At the Planning Commission meeting of September 24, acres�� o- d an the lsouthwesmt corner restMeextens redesignate 4 (4- Milliken from Flood Control to Low - Medium Oensity Residential (1 -8 du /ac). AL •�<< «eting, concern was raised as to the most devel date designation of the land in relation to surrounding development and land use. Staf! was directed to re- area and come pack with more detailed Information. re-examine the Ii. ANALYSIS: The subject site (see Exhibit •B') is currently desTgn-iyi-d Flood Control; due to the channelitin of the site is no longer subject to flooding and may now be considered for development. Deer Creek, Staff Report. °t For more detail of the site, see the attached For the following descriptions, refer to Exhibit 'A'. To the south of the subject site, the land Is vacant and currently Development District Density Residential (8-14 du /ac) on the site as a proposed hiD The General Plan Land Use Ma takes +Dproxfmatel school. The proposed Foothills FrYSeway does not leave enough land }or 'hePhid high school site, which however, the school desirable has At that school a41a�e tmtu a freeway is not deslraDle and that more appropriate sites are currently under consideration. Southeast of the site the land 1s vacant and designated a$ Medium Density Residential. The adjacent property b4I Medfua -High (14- 24 du /ac) with an approved tract of 300 condominium units. _ A 397 PLANNING COMMISSION %FF REPORT General Plan Amendmen,, 86 -03A November 12, 1986 Page 2 Land west of the site is designated Low- Nedlam Residential and the site is vacant. Adjacent to this site the property is lesignated Low-Medium and has an approved tract for 3D4 single faeil: units. The northwest property is vacant and currently designated Low - Medium Density Residential. This site is currently under consideration for a land use change (GPA 86 -030) from Low - Medium to Low Density Residential (2 -4 du /ac). General Plan Amendment 86-030 has been continued to January 14, 1987. North and northeast of the subject site 1s vacant and designated as Flood Control. The land belongs to the San Bernardino County Flood Control District and may be capable of being developed in the future. The Caryn Planned Community is to the east of the site. The land is designated as Low Density Residential with 5,000. 11,000 square foot lots for -on average of 7,200 square foot lots north of the spine road and 4,000 - 10.000 square foot lots south of the spine road with an average of 5.100 square foot lots. III. LAND USE ALTERNATIVES: The Commission may consider the following as possible designations for the subject site: 1. Flood Control: This is the current designation of the land. The land may remain with this designation, but as the land is no longer required for flood control use, a change will eventually occur. 2. Low Density Residential (2 -4 du /ac): A change to this desiggna— tt n wI consistent with land uses to the east in the Caryn Planned Community. However, there may be some compatibility GGrobleas with the land to the south, currently designated Medium Residential (8-14 du /ac), unless that parcel is also reconsidered. 3. Low - Medium Density/Residential (4-8 du /ac): This designation is reques e y x appiTcan and is consistent with current designations to the west and northwest, and compatible with other existing designations in +:he immediate art, 4. Medium Density Residential (8-14 du /ac): This would be cons s en 00 `am eTussignnat ons to tho south and southwest, but less compatible with land to the cast. k CCi l- . 40 PLANNING COMIISSIUN 'FF REPORT General Plan Amendmau, 86-03A November 12, 1986 Page 3 IV. RECOMOiNDATION: Staff is requesting direction as to the most appropriate deiignation of the subject site. From the land use alternatives if a Flood Control is preferred, a Resolutioa of Denial is appropriate. If a Low or Medium Density Residential is preferred, then approval of the Resolution of Denial and a request for this change to be brought forward in the next General Plan cycle would be appropriate. If the Comission prefers a Low -Medium Density Residential designation, per the applicant's request, then a Negative Declaration and approval of the attached Resolution of Approval would be appropriate. Res ally subml Brad Bull r City Planner B8:CK:jr Attachments: Exhibit 'A' - Existing Land Use Designations Exhibit '8' - Development District A General Plan Staff Report of September 24, 1985 Resolution of Approval Resolution of Denial �, 39q 1`• 1 YL ClPA 8to 4::3"rrI°a,N LM-0 L 1 FC s�b�r�� Sri LM ••....••••s•,..• L SCSI �uI-cs L 'tS fo• 3 4,000_,gaoo � • M• IN L ti.rDT� b► � rr L,�s !` L VtcToR Ia V Ic.,To'..I b. 4 i :6 i� CITY OF xoaTs ITEx:�PA a`.o A r RANCHO CUCAIVIONGA TITLE: a *lino " PLANNING +� DNIBION • -- . . EXHIBIT: A SCALE: s, 1/0 _ vL ; IDcet LMT LM �C i...K �Ji�K.7 S1ZL f LIAO ' CARYN PLANNED M9 M COMMUNITY IXLJW, *�i L i � VICTORI Development Districts General Plan NORTH CITY OF rrzlw: GP,�a 6!0 o3A RANCHO CUCAMONGA PLANNING DIVISION R�ffirr: S SCALE: ,r,? �, f, CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 24. 1986 TO: Chairman and Members of the Planning Coemission FROM: Brad Buller, City Planner BY: Cynthia S. Kinser, Assistant Planner SUBJECT: ENVIROMiIENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 86 -03A reques to amen a enera an and MUM se p ram Flood Control to Low -Medfum Density Residential (4 -8 du /ac) for 40 acres of land located at the southwest corner of the extensions of Banyan and Milliken - APN - 201- 271 -55. I II. VABSTRACT: Laing Noses has initiated this General Plan Amendment on ood Control to Low Medium Density Residential for 40 acres of land located on the southwest corner of the extensions of Banyan and Milliken (see Exhibit -A -). Environmental Assessment Staff has completed an and analysis of the proposal recommends approval of the Amendment. and PPWECT AND SITE DESCRIPTION: A. 1 Action o^9uo steed L Amend the General Plan Land Use Map from t' Mediw Resideattal. B. Location: Southwest corner of the extensions of Banyan and RiTli�Cen. C. Parcel Sfze: 40 acres of land. D. Existing DmveloPREq District: Flood Control. E. Existin0 Land Use: Vacant. F. Surroundin General Plen Oesignations: South East 00 ro Proposed high school. Flood Control. - Low Density Residential. Nest - Low- Modium Density Residential. G. Surreundtn Land use and Development DtstHct Designations: r asth &tan wn ro - Nest - Single;famllYrc�dentlal; C4rynaPlanned Community. Vacant; Flood Control. 7�'Z)L PLANNING COMMISSION STArr REPORT GPA 86 -03A - LAING HOMES September 24, 1986 Page 2 H. Site Characteristics: Vegetation consists of scattered trees, grasses, a s, o wee hervise vacant. III. GENERAL PLAN AMENDMENT ANALYSIS: 1. Flood Control: The General Plan Land Use Map designates the pro ec s as Flood Control. The purpose of this designation is to preserve land that is particularly subject to flooding and for protection in other areas due to flooding. The General Plan states: •...portions of the City fall within the 100 year Flood Plain which is an area of land subject to potential inundation by a stores whose intensity occurs on the average of once every 100 years." 'Upon improvements to both Cucamonga Creek and Deer Creek, flood hazard areas will be significantly diminished west of Milliken Avenue. Floodwaters in the City have seriously damaged hones, vehicles, and roads, as well as threatened lives. Moreover, the debris and soil carried by the flood waters are deposited on local streets, private yards, and driveways, resulting in significant maintenance and repair costs." The Deer Creek Channel ha: been completed and according to the Federal Emergency Management Agency, the project site is no longer subject to flooding. The land is privately owned and and may be considered for development (see Exhibit •D•). 2. School Facilities: Since the area Immediately adjacent to the subject site s signated as a potential high school an the General Plan, staff has contacted the Chaffey High School District for comments. The District indicates primary interest in another general location, but does express potential interest in the subject site as a secomiary choice (see Exhibit •C•) An issue is whether the subject site should retain its current Flood Control designation or whether it should be redesignated for some form of development. The site is privately owned, no longer subject to flooding and not needed for flood control purposes. The applicant Is requesting a Low - Medium Density Designation. The School District is not requesting that the site be reserved as a school at this time. Should the City approve the proposed LM Designation, the Hig:t School District will have another opportunity to comment, if and when a subdivision map or a development project is filed for the site. At that time, the District would have the option of pursuing acquisition of tho site if the primary location is no longer viable. , F -� k PLANNING COMMISSION S..rF REPORT GPA 86-03A - LAING HOMES September 24, 1986 Page 3 3. Land Use Cjdjibllity: The site is adjacent to Low and Low - Medium Densiyf —en fill —rith Mediuo Oenslty Residential along highland Avenue and the future Route 30 Freeway. The designation of Low- Medium Density Residential appears compatible with the adjacent uses. The General Plan discusses this use as follows: 'Low Medium (4-8 dwelling units per gross acre). The lawawcategory is characterized by residential densities somewhat greater than the low density residential group. With gross densities averaging between 5 -8 dwolling units per acre, considerably more housing types may be used, including typical single- family, single - family zero lot line, duplex, and under certain conditions up to 4 -6 townhouse -type units. This category would be appropriate within low density areas to incourige greater housing diversity without changing the single -family character of the surrounding residential character.' TV. ENVIRONMENTAL ASSESSMENT: The Initial Study has been completed by start and no significant adverse environmental impacts were considered to be associated with the site. V. FACTS FOR FINDINGS: Should the Commission, upon examination of the General Plan nt, decide that this change would promote the Land Use Goals and Policies of the General Plan and would not be detrimental to the adjacent properties or cause significant adverse impacts as listed under the Environmental Assessment, the following findings are necessary for approval: A. The Amendment does not conflict with the Land Use Policies of the General Plan, B. The Amendment does promote the gals of the Land Use Element, and C. The Amendment would not be materially injurious or detrimental to the adjacent properties. VII. CORRESPONDENCE: This item has bean advertised as a public hearing in The a y r newspaper an4 notices were sent to all property ow w n me ners t of the subject site. To date, only the aforementioned response from the Chaffey School District has been received. 4'b � 41 PLANNING COMMISSION S iF REPORT - GPA 86-03A - LAING HOMES ' September 24, 1986 - Page 4 r tir Y i. ,ry 'd a VIII. RECOMMENIIATION: Staff recommends approval of the General Plan Amendment as Proposed- . the Planning Commission finds the Amendment warranted, adoption of the attached Resolution recommending approval to the City Council of the General Plan Amendment and Issuance of a Negative Declaration would be appropriate. If the Planning Commission finds that the requested Amendment is to conflict with the Land Use Policies of the General Plan and does not promote the Gals and Objectives of the Land Use Element, adoption of the attached Resolution of Denial would be appropriate. 4ReuWllytt nner 88:CK:ko Attachments: Exhibit 'A' - Subject Property Exhibit '8' - General Plan of Development Districts Exhibit 'C' - Letter from Chaffey School District Resolution of Approval Resolution of Denial MEN .-A �� ell 'S' IV' -�TZ- og K 0 e i � Z j ' I Lrjv-i ati W a `' t�v� t �a V t 0 14 ash vav u a u sau 0 Subject Property (79 ncren) emProperty effected by nPA r' ti GENERAL PLAN AMENDMENT -STE PLAN JOHN LAING HOMES x.4 •Y t �J. ►n r+rrPMeo�ra•e� %pb Ex►+lbt-f :4" y� ;? F; (moral Plan Davelo~ Districts CITY Or RANCHO CUGkNIO \'GA PLANNING DIVISION VV NORTH rMl, SPA 66--inc* A TITLE, �-- •: - _.{ 11. • - •- J E \HIMT, b SCALE, x tlr 9 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 211 WEST FIFTH STREET, ONTARIO, CAUFORNK 91762.1696 • (710986-0511 '�.y I° s�auvaatl�a aSd�oar vsav_h9�.naen •TVn,n SS+�'.v� �- / 1ue o. olive« I.n.+vunomsrwrul mwrcm o..l c 4nv+.n MTU �, llnn.n Te( n0�A0 Of TIMTQf: lt•e+rw a IriYT • oa a w,nb • pgnc,q J 9,na • GvM• J lA'•e•Y • W,tl w wm SeptembeA 5, 1986 Atan 6la"en, Aaaociate Ptanne t CITY OF RANCHO CUCAMONOA P 0. 8oz 107 Rancho Cucalwnga, CA 91130 RE! Oenetat Ptan Amendnent 16 -03A In Aeaponae to Ma. Lisa liningetl.a tetten o6 August 13, 1986 AegoAding, the pto(letty o6 M(ttiken noAth o6 Hightand -- the beat axamet we eat give you is that the Cha66ey D"Wet is conbideting anotheA ptopnty as its 6i4at choice but that the Mittiken ptopeAty would atilt be conaideted should ouA 6ta4t choice not pan out Se advised that aeAe we to become mo-te inteAeated in the Milliken ptopeAty it would be the noAthetn 6oAty Dates, ptua oA nines with no interest in the southetll pontion. 1 ulieh we coutd be moAe 4peei6ie in oat Aeaponae. Sineetety. t �I1 E A DiAectoA Buaineaa Setvicea RECEIV.D_ Clly OF PA/ICNO OVa!lIONOA PLANVINO oIVIS'0N AM SEP 081986 7181b167111(Itltl i41Jr SLeiab 6 ` ces Alvin S. Kau6et t MOR1i K!• lW • WrrlY YT1ll r01KllPl . CM•lrlr . aY1M6• . tMI,M• . M61iMYl . W IMQ . 11{MY • rM4• raN CITY Or RANCHO CUGC lrloNc , PLANNING DIVIStQN TITLE, ��MK Fceao A�L.p [Xt1Il1lT_�_SCkLG — �n 9 KORTI I ■ RESOLUTION NO. 87 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING DENIAL OF GENERAL PLAN AMENDMENT NO. 86 -03A, REQUESTING AN AMENDMENT TO THE LAND USE FIEIENT OF THE RANCHO CUCAMONGA GENERAL PLAN FROM FLOOD CONTROL TO LOW- MEDIUM FOR 40 ACRES OF NAND LOCATED AT THE SOUTHWEST CORNER OF BANYAN AND MILLIKEN (IF EXTENOED) - APN: 201- 271 -55. WHEREAS, the Planning Commission has held a duly advertised public hearing to consider all comments on the proposed General Plan Amendment No. 86 -03A SECT,ON 1: The Rancho Cucamonga Planning Commission cannot make the following iin-dTngs: A. The Amendment does not conflict with the Land Use Policies of the General Plan. B. The Amendment promotes gals of the Land Use Elemmit. C. The Amendment would not be materially injurious or detrimental to the adjacent properties. NOW, THEREFORE, 8E IT RESOLVED, that the Rancho Cucamonga Planning Commission does hereby recommend denial of General Plan Amendment No. 86 -03A. APPROVED AND ADOPTED THIS 28TH OAT OF JANUARY, 1987. PLANNI SSION CF CITY OF RANCHO CUCAMONGA `10 A A a ' �. r .. •.;fir. GPA86 -03A - DENI January 28, 1987 Page 2 I, Brad Buller, Deputy Secretary of the Planning Ccmission of the City of Rancho Cucamonga, do hereby certify that the !oregoing Resolution was duly and regularly introduced, passed, and adopted "oy the Planning Commission of the City of Rancho Cucamonga, at a regular meting of the Planning Comission held on the 28th day of January, 1987, by the following rote -to -wit: AYES: COIMISSIDNERS: CHITIEA, 4CNIEL, BARKER, EMERICK, TOLSTOY #DES: COMIISSIONERS: NONE ABSENT: COIMISSIONERS: ND"- 1G ,�•tr+ • • -va 'fi n� 3• DRAFT PIMING COMMISSION MINUTES - JANUARY 28 1987 - FOR DISCUSSION PURPOSES ONLY ` H. ENVIRONMENTAL ASSFSS14ENT AND GENERAL PLAN AMENDMENT 86 -03A - KAUFER - A request to amend t:e Land Use Element of e General Plan from Flood Control to Low Medium Density Residential (4 -8 dwelling units per acre) for 40 acres of land located at the southwest corner of the extensions of Banyan and Milliken - APN 201- 271 -55. (Continued from January 14, 1987) Otto Kroutil, Senior Plann3r, presented the staff report. Chairman Barker opened the public hearing. Alvin Kaufer, applicant, 445 South Figueroa Street, Los Angeles, stated that when he dacided to sell this property it was insisted that the buyer agree that they would propose something for the entire parcel that would be consistent with the surrounding area. He believed that by making such a requirement, when it tank before the Commission it would be favorably received. He felt that KLB had submitted a proposal that is consistent with the surrounding area and urged the Commission's favorable consideration of their proposal. He stated there should be some method to assure that the developers would develop the site as proposed, and offered his assistance as the property owner to the Commission. Jess Harris, representing Kaufman and Broad, 230 Newport Center Drive, Newport Beach, gave an overview of the site plan and project. Jim Bailey, representing the William Lyon Company, stated that this project is directly north of the Victoria project. He supported the project; however, advised that the William Lyon Company was having difficulty in obtaining the necessary easements from this property owner to complete the improvements to Highland. He asked that the City urge this property owner to cooperate with the William Lyon Company in obtaining those easements. Mr. Kaufer stated that there evidentially was a problem with miscommunication with regard to the easements and that the developers would certainty work with the William Lyon Company to resolve this Issue. There were no further comnemts, therefore the public hearing was closed. Chairman Barker clarified that the property to the northwest of this parcel currently designated Low Medium was before the Commission at its last meeting and the indication of the property owner at that time was to have 3 units per acre on that site. He pointed out that this particular request now before the Commission is for Low Medium residential. Commissioner Chitiea referred to the property to the northwest and stated that although the proposal being considered is for a 3 unit per acre designation, the property does fall within the Equestrian Overlay District. She was concerned that 3 units per acre rather than a Very Low designation would prohibit the keeping of horses. Her preferrerence was to see that particular Piece of property designated Vert/ Low. She thought It would be more appropriate if the northern piece being considered tonight be designated Low and the lower piece of property be designated Low Medium to provide appropriate transition of densities. She pointed out that the Commission has bean discussing increasing lot widths due to problems with existing narrow lots. She was concerned with the lot widths proposed for this project and was concerned with the grading problems on -site. She felt the density should be lowered further. Commissioner McNiel agreed that a lowering of the density would create an ease of transition. He aid not think that a lower density would affect the developer's plan in terms of numbers, but it would insure the City that something close to the conceptual plan will be developed. Commissioner Emerick saw no good reason to change the density from the current Flood Control designation. He felt the applicant has the burden to show Lila City why the General Plan should be changed, and did not think the proposed project carries that burden. He stated that he would consider a 1 -2 unit per acre density or possibly a 2 -4 per acre density with the possibility of an amendment and Tentative Tract packaged submittal, similar to the proposal by the Deer Creek Company project to the east of Chaffey College. Cnairman Barker was concerned with the impacts on grading and the lot widths. He advised that the City would not allow any more developments where the primary focus of the streetscape is garage doors. He did not consider Low Medium to be an appropriate designation. however would entertain a different density and believed the total package should be looked at by the Commission. Commissioner Tolstoy agreed and further stated that the biggest problem with the hig'ter density is the slope. He concurred that the grading, drainage, and garage door issues are very important. He stated that higher density is something we have too much of in the City. Motion: Moved by Chittea, seconded by McNiel, to recommend denial of Environmental Assessment and General Plan Amendmunt 86-03A to the City Council. Motion carried by the following vote: AYES: COMMISSIONERS CHITIEA, MCNIEL, BARKER, EMERICK, TOLSTOV '7ES: COMMISSIONERS: NONE ABSENT: COK41SSiONERS: NONE - carried �f /3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO y CUCAMONGA, r-MFORNIA, DENYING GENERAL PLAN AMENDMENT N0. 86 -03A AMENDING THE ELEMENT OF THE RANCHO CUCAMONGA GENERAL PLAk FROM FLOOD CONTROL 70 LOW - MEDIUM DENSITY RESIDENTI& (4 -8 OU /AC) FOR 40 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF THE EXTENSIONS OF BANYAN AND ' MILLIKEN. WHEREAS, the City Council has held a duly advertised public hearing to consider all caaments on the proposed General Plan Amendment 86 -03A; SECTION 1: The Rancho Cucamonga City Council hereby cannot make the following TMI s; A. The Amendment does not conflict with the. Land Use Policies of the General Plan. B. The Amendment promotes goals of the Land Use Element. C. The Amendment would not be materially injurious or detrimental to the adjacent properties. NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council does hereby deny General Plan Amendment 86 -03A. M AFFIDAVIT OF PUKICATION ,STATE OFCAUFORNIA ,ONWYOFSANBMWARDINO as f. Maurine D. Pagan do herebycerttfy that I M tpll LICII at gwer�dreWkd pTHE DAILY Is t of REMIT, .&fly cwt? amd Mate afermw &d tort five guedw adval led a( Naticf of PYb11c Maarinc f topabUWwdInaddnewspaper see ut rf■a wit: Ftbruarr 21, 1957 MY tower pmuyy of perjury that the ff orgairt IN true and turel at0etarta,CRWWrdatNa 23rd day of _ his Y i i i i CITY OF RANCHO CUCAMONGA STAFF REPORT flo, < y rc C DATE: March 4, 1987 C Vt z TO: City Council and City Manager ' i9n FROM: Russell H. flagutre, City Engineer BY: Judy Acosta, Junior Engineering Aide SUBJECT: ORDERING THE WORK IM CONNECTION WITH AMNEX.ATION No. 1 FOR TRACT NOS. 12936, 12938, 12939, 12943 AND 12944 (CARYN) TO LANDSr.ADE MAINTENANCE DISTRICT N0. 6 RECOMENDATION: It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 1 to La Maintenance District No. 6 and approving the Engineer's ReportLandscape BACKGROUND /ARALYSIS Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 1 to Landscape Maintenance District No. 6 for Tract Nos. 12936, 12938, 12939, 12943 and 12944. Marlborough Development, developer of the subject tracts, has been notified of the public hearing by mail and notices have been posted. The attached resolultion also approves the Engineer,$ Report which was tentatively approved by Resolution No. 87 -52. Res lly submitted, �uP RHM:JA:dlw Attachments U CITY OF RANCHO CUCAMONGA Engineer's Report for Landscape Maintenance District No. ANNEXATION NO. 1 for Tracts 12936, 12938, 12939, 12943 SECTION 1. Authority for Wort This report is in caapliance with 1, Division 15 of the Strcets and (Landscaping and Lighting Act of 1972). SECTION 2. General Description 6 (Caryn) and 12944 the requirements of Article 4, Chapter Highways Code, State of California This Maintenance tDistrictlNo.6.Th elected ity Council lh s andscape be maintained will have an effect upon all lots within Tract Nos. 12936, 12938, 12939, 12943 and 12944 as well as on the lots directly abutting the landscaped areas. All landscaped areas to ba maintained in the annexed tracts are shown on the recorded Map as roadway right -of -way or easements to be granted to the City of Rancho Cucamonega. SECTION 3. Plans and Specifications The plans and landscaping 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 landscaped areas. The plans and specifications for landscaped improvement on the indi vidual development is 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 developers. Based on historical data, contract analysts and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty ($.30) cents 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. 6 (including Annexation No. 1 comprised of 771,110 square feet of landscaped area) is shown below: s t� 7( _r �LL da Total Annual Maintenance Cost YM 5.30 x 771,110 square feet $231,330 Per Lot Annual Assessment 5231, 3 $317.41 j • Per Lot Monthly Assessment 5317.41 $26.45 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 arteriil 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. M SECTION S. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and labeled "Exhibit A•, by this reference the diagram is hereby incorporated ' within the text of this report. SECTION 6. Assessment Improvements for the District are found to be of general benefit to all lots within the District and that assessment shall be equal for each unit. Where there is The City Council will hold a public hearing in June, to determine the actual assessments based upon the actual costs incurred by the City during the previous 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 adepts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 3. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the City Council. S. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. V/D ■ i' Properties and improvements to be included within Annexation No. 1 to Landscape Maintenance District No. 6: MAINTAINED AREA 6 4" 12938 56 Perimeter 12939 34 and Loop 70,000 300,000 12943 47 Streets � 12944 58 :�n7 RESOL'1TION NO. S 7 - "I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 1 TO LANDSCAPE MAINTENANCE DISTRICT No. 6 Mo ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12936, 12938, 12939, 12943 AND 12944 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 4th day of February, 1987, adopt its Resolution of Intention No. 87 -53 to order the therein described work in connection with Annexation No. 1 to Landscape Maintenance District No. 6, which Resolution of Intention No. 87 -53 was duly and legally published to the time, fors and manner as required by law, sham by the Affidavit of Publication of said Resolution of Intention on file in the office of the :ity Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed 'Notice of Improvement', was duly and legally posted in the time, fore, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file to the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Restitution of Intention were duly mailed to all persons arcing real property proposed to be assessed for the improvements described in said Resolution of Intention No. 85 -53, according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Ranchn Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, ani said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 87 -53, be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer sT e rely finally approved; and :ECTIpI 3: Be it further resolved that the assessments and method of assessment- in-IFFIEngineer's Report are hereby approved. SECTION 4: Be it finally resolved that said assessments shall not begin untii afrer0 percent of said tracts have been occupied. ��, CITY OF RANCHO CUCAMONGA f STAFF REPORT DATE: March 4, 1987 €lab T0: City Council and City Manager FROM: Russell 11. Maguire, City Engineer BY: Judy Acosta, Junior Engineering Aide SUBJECT: ORDERING THE WORK IN CONNECTION WITH ANNEXATION No. 3 FOR TRACT NOS. 13027, 13057, 1.3058, 13D59 AND 13060 TO STREET LIGHTING i1ATNTENPXCE DISTRICT No. 3 (VICTORIA) RECON NIIDATION: It is re:oawmnded that City Council approve the attached resolution ordering the work in connection with Annexation No. 3 to Street Lighting Maintenance District No. 3 and approving the Engineer's Report. BACKGROUND /ANALYSIS Attached for City Council approval Is a resolution ordering the work in connection with Annexation Ko. 3 to Street Lighting Maintenance District No. 3 for Tract Nos. 13027, 13057, 13058, 13059 and 13060. The William Lyon Company, developer of the subject tracts, has been notified of the public hearing by mail and notices have been posted. The attached resolution also approves the Engineer's Report which was tentativley approved by Resolution No. 87 -54. Respec f submitted, RIM:JM:Jh Attachments t ,S ty - =yi a`:. �±P7f�E4'.C'.: >`Jti'>. ;a�.� ?y'.',.i: : �: .t ,�� :dJ •� '? t}�; +�5� CITY OF RANCHO CUCA40NGA Engineer's Report for Street Lighting Maintenance District No. 3 (victoria) Annexation No. 3 For Tracts 13027, 13057, 13058, 13059 and 13060 SECTION 1. Authority for Report lhis report is in compliance with the requirements of Article t, Chapter r 1. Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). j SECTION 2. General Description 1 This City Council has elected to annex the tracts enumerated in Exhibit •A• into Street Lighting Maintenance District No. 3. The City Council has datermined that the street lights to be maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street lights. Work to be provided for with the Mft-'ments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light lmprovesents on arterial and certain collector streets. Improvement maintenance is i considered of general benefit to all areas in the District and cost shalt 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 t° 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 i areas. The plans and specifications for street lighting improvement on the indivi•Ajal 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, reegval or replacement of all or any part of any iL rovement, providing for the illumination of the subject area. r'. V N. 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. The estimated total cost for Lighting Maintenance District Co. 3 (including Annexation No. 3 comprised of 2035 units and 6 95DDL street lights, and 703 5800L lights, is shown below; 1. S.C.E. Maintenance and Energy: Lamp Size* Lanes Lamps VTO An_exvi Rate 95DOL 6 0 5800L 504 199 $10.16 58.93 *High Pressure Sodium Vapor Lamps Rate No's Total 6 x $10.16 x 12 $ 731.5E 703 x $8.93 x 12 75 333 ,448 2. Costs per dwelling Unit: , Total Annual K intenance Cost • $76 065 00. 537.38 /year /unit No. of n s in src $37.38 divided by 12 • 53.11 /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. 3 % Annexation No. 3 . These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment dwelling unzitstwithin the District and that hallabe ifor oeach assessment equal there Is hfor assessable land , the assessment each lleotli r9 parcel pshallobeopropportional to the number of dwelling } units per lot or parcel, i %y It is proposed that all future devel ilk District. Dement shall be annexed to the ,cz �f is t ' SECTION 7, LYder of Event:; I• City Council adopts Resolution Report. of Preliminary Approval of City Engineers 2. City Council adapts Resolution public hearing date. of Intention to annex a District and sets 3. City Council conducts public hearing. Considers all determines to torn a oistrict or abandon the proceedings. testimony and 4. Every year in May, the City Engineer files a report with the City Council. 5. Every year in June, the City Council conducts approves, or modiffes and approves the individual asa public hearing and sessments. PrOpertleS Lighting Ma1n�n f a «R181i -A. Dmtrictt3 ;b included wfthln Annexation Mo. 3 to Strom: PRA TR 13027 TR 13057 157 TR 13058 147 So ; TR 13059 203 36 TR 13060 137 43 75g- 46 IDg- ,r7 �n 9ra �7 - o ASSESSMENT DIAGRAM 37REET LIGHTING MAINTENANCE DISTRICT N0.,3 AMEXATM ft 3 0C&`b 4�TCA1[Otf()A 8 i SUM'! 01 R'W MOxARDWO sTA , LL 1`s QIr CA%UipxMA N nacr Ho• RESOLUTION NO. 8 7 r'/-" A RESOLUTION OF THE CITY CCUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 3 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 3 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 13027, 13057, 13058, 13D59, AND 13060. WHEREAS, the City Council of the City of Rancho Cucamonga did on the 4th day of February, 1987, adopt its Resolution of Intention No. 87 -55 to order the therein described work in connection with Annexation No. 3 to Street Lighting Maintenance District No. 3, which Resolution of Intention No. 87 -55 was duly and legally published in tha time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed •Notice of Improvement", was duly and legally posted in the time, fors, manner, location and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of Intention No. 87 -55, according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of wa1cho Cucamonga, which said copies were duly mailed in the time, fors, and manner as required by law, as appears from the Affidavit of Nailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, cozening the ,jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired ,jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 87 -55, be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; and SECTION 3: The assessments and method of assessment in the Engineer'sre hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said tracks K—&Y-e been occupied. CITY OF RANCHO CUCABIONGA STAFF REPORT DATE: March 4, 1987; rol TO' City Coun0l and City Manager 19r FROM: Russell H. Maguire, City Engineer BY: Judy Acosta, Junior Engineering Aide SUBJECT: ORDERING THE WORK IN CM%ECTION WITH ANNEXATION NO. 1 FOR TRACT NOS. 12936, '2938, 12939, 12943 AND 12944 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 5 (CARYN) RECOMiMOATION: It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 1 to Street Lighting Maintenance District No. 5 and approving the Engineer's Report. BACKGROUND /ANALYSIS Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 1 to Street Lighting Maintenance District No. 5 for Tract Nos. 12936, 12938, 12939, 12943 and 12944. Marlborough Development Corporation, developer of the subject tracts, has been notified of the public hearing by mail and notices hove been posted. The attached resolution also approves the Engineer's Report which was tentatively approved by Resolution No. 87 -56. Resp fully submitted, A RHM:JA:dlw Attachments �• � y3o Y •fig n CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 5 Annexation No. 1 for Tracts 12936, 12938, 12939, 12943 and 12944 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 1912). 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 well street lig "ts. annex the tracts enumerated in Exhibit District No. 5. 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, and apartments, a dwe'ling 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 Divitlon. 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 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. z13/ vY SECIIaH 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. The estimated total cost for Lighting Maintenance District No. 5 (including Annexation No. 1 comprised of 470 units and 129 -SBOOL street lights,and 0 -9500L street lights) is shown below: 1. S.C.E. Maintenance and Fnergy: 2. Costs per dwelling Unit: Total Annual Maintenance Cost 51364 • $29.41 /year /unit Ho. of n s n str c $29.41 divided by 12 • $2.45 /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. 5 •, Annexation No. 1. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvements 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 1s proposed that all future development shall be annexed to the District. //3a 1 Lamps Lamps Lamp Size* YTO Annexed Rate 6800L 81 48 $8.93 9500L 0 0 $10.16 *High Pressure Sodium vapor Lamps Rate Mo's Total 129 X $8.93 X 12 $13,823.64 2. Costs per dwelling Unit: Total Annual Maintenance Cost 51364 • $29.41 /year /unit Ho. of n s n str c $29.41 divided by 12 • $2.45 /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. 5 •, Annexation No. 1. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvements 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 1s proposed that all future development shall be annexed to the District. //3a 1 ,N • SECTION 7. Order of Events S•' I. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to annex a District and sets public hearing date. 3. City Council ci -acts public hearing, considers all testl=ny and determines to form a District or abandon the proceedings. 4. Every year in Nay, the City Engineer files a report with the City Council. S. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. t r r •1i Y• 33 ?i e I EXHIBIT W Properties and improvements to be Included within. Annexation Ho. 1 to Street Lighting Maintenance District 5 PROJECT M 58001 Tract 12936 48 9 Tract 12938 56 11 Tract 12939 34 7 Tract 12943 47 10 4 Tract 1294( 58— ! f �Ae y 'K. a+ ^i 'I n RESOLUTION No. OCAN,WGA p OF THE C1 -//3 ACCEPTING 111E FINAL LIGHT111OR'N lit OF THE C! 12936, 12938, 12939.1 gGINEE I ANCE OIs T A EXgATAop 9th day WNEREAS, the order :he th February 1987 Council of the Cit washduly anlntenancesOtst�•Ma 0 to Its ResolutfOf Rancho Cuc ff le 1n the bofflceaAtfidavltsoed ofn the tjh iReso)yti nexatlon NonNO'd 87_n the Ice of the C1tY Clergieatfon oP saki Resu manner aSi �eNo St Pub N. fo 0 H 87eet ppeaSLifr the Etfine, fora headed ON thereof , no lotion of lntehtfon on the City Cl kthe Afffd it�naer, location l�Qovem rat: Prase Passe of ERF4Sand °f Posting said notices, ,, file required and y la9al y rope t {otooE lntentte wtehe Intention n0, adoDtton thereof to the off of the same of a assessed fo� he I Du011ed all notices sP Qie adoptlo 87-57 m'n ad appears Cuca. On theclastlm°il0 the nee °ssadescribed foYning real Prof the the oral andiNHEREAS,said Y Clerk; and from t6 Ymailed I ttth Clerk f e City derlvrningo umenne�s, concerning Council havin Affidavit F kafiing cnofff an In order therefr necessity Po the Jurt 9 duly received om work. safd Cltyh��uci/�lated kt to s dCreceedln tha Proposed considered evidence, benefits annexatio�c than is hereby r having now acquired ,urisdict {L0 and be hereby orders thato�Aertcthe PublicesI t b °° to n Intention No. 87.-7 work.aasthe orderinrest the City Council of SECTION 2 be done and made °anh and Q R 6 tl. end said requires the aPDroved; an 2: The Report filed in said Reso utton of SECTION by the Engineer Engineer, s e��: The reby 1s hereby ffnaily L Of said tracTSQaYeabe The assesPSmeod�ts and method of assessment been cc to th euPfed, shall not be { e 9 n until after 60 Percent - t E CITY OF RANCHO CUCANIONGA STAFF REPORT ._ DATE: Harsh 4, 1987 ui 16b5 !� TO: City Council and City Manager 19 FROM: Russell H. Maguire, City Engineer BY: Judy Acosta, Junior Engineering Aide "- SUBJECT: ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 30 FOR ' TRACT NOS. 9649, 10076, 11606-2 THRU -5, 11626, 11793, 11932, 12726, 12727. 12801, 13066, 13117, 13203 AND PARCEL MAP 9916 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (CITY WIDE; RC4{RRI1YRIlY1: It is recommended that City Council approve the attached resolution ordering the Rork in connection with Amexatton No. 30 to Landscape Maintenance District No. I and approving the Engineer's Report. BACKGROUND /ANALYSIS Attached for City Council approval is a resolution ordering the work In connection with Annexation No. 30 to Landscape Maintenance District No. 1 for Tract Nos. 9649, 10076, 11606 -2 thru -5, 11626, 11793, 11932, 12726, 12727, 12801„ 13066, 13117, 13203 and Parcel Map 9916. The Developers of the subject tracts have been not fled of the public hearing by mail and notices have been posted. c The attached resolution also approves the Engineer's Report which was tentatively approved by Resolution No. 87 -58. Respectf ly submitted, Rw . w Attachments I\ C• �4 CITY OF RA4CHO CUCAMOiGA Engineer's Report for Landscape Maintenance District No. 1 Tracts 9649, 10076,W11606-2Mthru -5, for 11793, 11932, 12726, 12727, 12801, 13066, 13117, 13203 and Parcel Map 9916 SECTION 1. Authority for Reoort This report is in compliance with 1, Division 15 of the Streets and (Landscaping and Lighting Act of 1972). SECTION 2. General IkscriDttan tho requirements of Article 4, Chapter Highways Code, State of California This City Maintenance 0istrictlNoaI elected The City Council all deterairedo that nthe lareas ato be maintained will have an effect upon all lots within Tract Nos. 9469, 10076, 11606 -2 thru -5, 11626, 11793, 11932, 12726, 12727, 12801, 13066, 13117, 13203 and Parcel Map 9916 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 recorded 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 landscaping are as stipulated in the conditions of approval for the development and as approved by the City Engineering Oivision. '> Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the landscaped areas. The plans and specifications for landscaped loprovement on the individual development is hereby made a part of this report to the same extent as if said plans and specifications were attached heroic. SECTION 4. Estimated Costs NO r costs will erct for dpaconstruction. improvemen s will be constructed by developers. Based on historical data, contract h maintenancenaostssfor assessmentepurposes will d equal thirty (3.30) estimated cents 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 t> (including Annexation Mo. 30 comprised of 722,221.00 square feet of landscaped area) is shown below: 613 if Total Annual Maintenance Cost YTD S.30 % 722,221 square feet $216,666.30 _ Per Lot Annual Assessmen. 521 g $28.07 a Per Let Monthly Assessment $28.07 $2.34 i2— 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 •Exhibit A•, by this reference the diagram is hereby incurporated within the text of this report. SECTION 6. Assessment Improvements for the District are found to be of general benefit to all lots within the District and that assessment shall be equal for each unit Where there is The City Council will hold a public hearing in June, to determine the actual assessments based upon the actual costs incurred by the City during the by previous fiscal and which areAct to be recovered through assessments as required SECTION 7. Order of Events 1. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to Annex to District and sets i public hearing date. y 3. City Council conducts public hearing, considers all testimony and G, determines to Annex to the District or abandon the proceedings. 4, Every year in Nay, the City Engineer files a report with the City Council. 5. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. I Properties and improveaants to be included within Annexation No. 30 to Landscape Maintenance District No. 1: Y MAINTAINED AREA OEYELOPEMEMT L i s° -Fi"• --r— FE—.- 9649 39 Nilson 0 6,672 a; 10076 19 Hermosa 0 1,524 S; 11606 -2 kh 11606-3 Trail 0 500 "r 11605 -4 277 Trail 0 225 % 11605 -5 Trail 0 500 3' p. 11626 82 0 0 t 11793 47 0 0 11932 10 Haven Avenue 0 2,380 12726 33 0 0 12727 27 0 0 12801 98 Banyan / Ornelian 0 5,325 13066 27 19th St.. 0 5,460 4 ? 13117 302 Haven 0 11,565 Banyan 0 41,970 y G 13203 (224) 0 5 0 0 (Condos) PM 9915 2 Haven 0 1,360 X { VL/ Y � - - - ` � � ~© ^ � � ���. :�- a� p _� : / ` . � ./ \ ' • . ƒ , { }1 . \ ' % � � � - . � � - � ��\ � � �� � a � a, � � � : \ � ' • ' `tom § .� . �wA «���. , `� %�:� x�.� - ƒA�\��:,aGw«`:c:.�������z� ��t & ®���` MUM v ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. J. ANNEXATION NO. 30 EXN I! I T 'W" Uy/ iY OF RANCHO C�'CANIONC•A TRACT No. 9649 - t.a ENGINEERING DIVISION ;. .,VICINITY MAP 9 � ' M . r � M w Uy/ iY OF RANCHO C�'CANIONC•A TRACT No. 9649 - t.a ENGINEERING DIVISION ;. .,VICINITY MAP ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 30 EXN 18 1 T "A" CITY OF RANCHO CUCArVi(�IGA 6 � ENGtNEER(NG DIVISION VICINITY MAP N0. 10076 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.1 _ t 1 1°a i N0. 3�— t _ o • • •V nVot� CITY OF RANCHO CLr iX Q"CA i t E ENGINEERING DIVISION un f VICINITY (NAP N ■ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT t.),I ANNEXATION NO. 30 E X H t 1 T "A" CITY OF RANCHO CUCA,NXX C A � TRACT HO ENGINEERING DIVISION N r- �t VICINITY MAP � Y • Y -!- E eta "r.�.�.. - .rout ' r •i . ` O W -•1 _ T f CITY OF RANCHO CUCA,NXX C A � TRACT HO ENGINEERING DIVISION N r- �t VICINITY MAP ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 30 EXN 181 T "A" CITY OF RANCHO CUC NU CA TPACT No. 127i ENGINEERING DIVISION N VICINITY MAP ASSESSMENT DIAGRAM LANDSCAPE (MAINTENANCE DISTRICT NO. 1. ANNEXATION NO. 3O E X N 1 8 1 T "A' CITY OF RANCHO CUCAA,►ONC•q 7AACT N0. 1272; — s i ENGINEERING DIVISION ' VICINITY MAP N ASSESSMENT DIAGRAM LAN03CApE . MAINTENANCE DISTRICT N0, 1 ANNEXATION NO-30 EXH ID 1 T "A-- _L �. -� , � /jp1 ��� 1• — t�— ._.Y _.••. �. rr�� Qom.... 1 n• ' _1 m� ......y r . TY OR RANCHO cLr — ENGINEERING DIVISION VICINITY MAP N ,—A.- a ._,_ i ■ ASSESSMENT DIAGRAM LANOSCAPE MAINTENANCE DISTRICT NO.1 ANNEXATION NO.3p EXN 101 T "A" e CITY OF RANCHO cLrairI0fVC;A r C ,\` 6 xi ENGINEERING DIVISION I& T !,j1 ` V15-0 I r i 111 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 30 E X 11 1 B 1 T "A" CNlrr[T • Y Cl A[6[ !. . O IA r ACr 5 /rE . CITY OF RANCHO CUCm IOPICA ENGINEERING DIVISION VICINITY MAP 11 \,II :1 ASSESSMENT DIAGRAM I-ANDSCAPE MAINTENANCE DISTRICT N0, 1 ANNEXATION NO. SO ExH I! 1 T "A'r 0 I TRAC'o NJ. 12040 A 1A �07 M.p. 174/01-03 /�., LA ' I P ' Y�J Ye o gar 1 Mmpw AOUTVA CITY OF RANCHO CUCAMONCA -! ENGINEERING DIVISION n VICINITY MAP N 1 9 TRACT NO.- ■ I•§ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0,.L ANNEXATION NO. 3O E X H t B 1 T "A" iw d."Y -- r vt �I �• r.K S,ei 22 s CITY OF RA[�1C[!p CUCANIONCA R ENGINEERING DIVISION VICINITY MAP �r (16-3 1 r PARCEL HAP 99tE RESOLUTION N0. $-7 A RESOLUTION OF THE cITV CUCANCNGA ORDERING THE wo RK 1011111L IN CONNECTION WITHHH MNEXXATTIO0 N R0. 30 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 Aryp ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT ry05. 12727,11280L,113066z 13117,Si320326. 11793, 11932, 12726, AND PARCEL NAP 9916 4th day WHEREAS, the City Council of the City of Rancho Cucamonga y of February, 1987, adopt Its Resolution of Intention o did 7 -5 ttj order the there , described work in connection with Annexation No. 30 t( Landscape Hafntenacce District No. 1 Resolution 59 ti was duly and legally published in tai �ti oad Of asiorequtredl -pl law, shown by the Affidavit of Publication of sold Resolution a Intention on file In the office of the City Clerk; and Resolution Of headedoANotice ofalmprovement'f was dui Posted in the time Passage of said appears from the Affldavltof Posttngasafd no icemsabon Ptleequ t eby law. as the City Clerk; and office law. as Resolutlonhu{�ntention were dulyimailedto thereof, 11 Persons Owningdrealoprope� y proposed to be assessed for the improvements described in said Resolution of intention Ho. 87 -59, according to the names and addresses of such owners as the same appodrs on the ;ast mailing or as known to the City Clerk of the City thof Rancho Cucamonga, which said copies were duly mailed in the time, firm, and enofflcerofu the dCitylClerk; andears from the Affidavit or Nallfny on file in oral an WHEREAS, said City Council having duly received considered evidenct, concerningocthe nnecessitycfortnthe the contemplateJ nwfactsIn th this bProceedit and be derive d therefrom and sold City Council having now acquired jurisdiction to order the proposed work. Rancho Cuc gaI. It thehereby resolved by the City Council of the City of annexation to the District and the ordering of the work, convenience d said City Council hereby orders that the work, as set forth and Intention Mo. 87 -59, be done and made; and described in said Resolution of SECTION 2: Be it further resolved that the report filed by the E ^9fneer s ere y finally approved; and SECTION 3: Be it further resolved that the assessments and method of assessmeniin'trj-Engineer's Report are hereby approved. SECTION 4; Be It finally resolved that said lsessments shall not begin unt a ter percent .� said _ tracts have been occupies. �7 s h 't L� x• 6 s DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT March 4, 1987 City Council and City Manager Russell H. Maguire, City Engineer Judy Acosta, Junior Engineering Aide i r x _ c ZW ORDERING THE WORK IN CONNECTION HITH ANNEXATION NO. 18 FOR TRACT MOS. 13027. 13057, 13058, 13039, 13060, 12936, 12918, 12939, 12943, 12944, OR 85 -01 MD DR 85 -33 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (CITY WIU'E) RECONEIIDATION: It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 18 to Street Lighting Maintenance District No. 1 and approving the Engineer's Report. BACKGROUND /ANALYSIS Attached for City COLncil approval is a resolution ordering the work in connection with Annexation No. 18 to Street Lighting Maintenance District no. 1 for Tract Nos. 13027, 13057, 13058, 13U59, 13060, 12936, 12938, 12939, 12943, 12944. DR 85 -01 and DR 85 -33. The developers of the subject tracts have been notified of the public hearing by mail and notices have been posted. The attached •esolutlan also approves the Engineers Report which was tentatively approved by Resolution No. 87 -60. Respect lly submitted, r RHH. Attachments i yITY CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 1 Annexation No. 18 for Tracts Nos. 13027, 13057, 13058, 13059, 13060, 12936, 12938 12939, 12943, 12944 and 02 85 -01 and OR 85 -33. SECTION 1. Authority for Report This report is to compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, Mate of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description Thi City Council has elected to annex the tracts enumerated in Exhibit •A• anti Street Lighting Maintenance District No. 1. The City Council has determined that the street liglits to be maintained will have an effect upon all lots within said tracts as well as on the lots directly shutting the street lights. 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 imp overm_nis 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, 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 approvM by the City Engineering Division. Reference is hereby me&_ to the subject tract man or development plan and the assessment dia3ram for the enact 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. c Detailed maintenance activities on the street lighting district inclide: the repair, removal or replacement of all or any part of any 'a improvement, providing for the illumination of the subject area. a -i 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. The estimated total Lnst for Lighting Maintenance District No. 1 (including Annexation No.18 comprised of 12,124 units and 398 -9500L street lights, 280 - 9500L street lights and 12 -27, 500L street lights) is shown below: 1. S C.E. Maintenance aroi Energy: Lamps Lamps Lamp Size* YTD Annexed Rate 9500L 392 4 $10.16 SBOOL 280 0 $8.93 27.5DO. 10 2 S1S.31 *High Pressure Sodium V6por Lamps Rate Mo.& Total 396 X $10.16 X 12 $48,280.32 ?80 X 5 8.93 X 12 30,004.80 ,2 $15.31 X 12 $HOrf IIN 2. Costs per dwelling Unit: Total Annual Maintenance Cost S8776 .63 1&4 6/year /unit No. o Units n District , $6.63 divided by 12 • S .55 /wi. /unit Assetsment shall apply to each lot as explained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled *Street Lighting Maintenance District No. 1 •, Annexation No. 18. These diagrams are hereby incorporated within the text of this report. V-C7 �: jQiM y °iCe Zla .f SECTION 6. Assessment a dwelling units itswithin the District and that to ssessment shall be benefit to all unit. Where there is more than one dwelling unit per lot oral for each arcel of s assessable land. the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. OtstIt is proposed that all future development shall be annexed to the SECTION 7. Order of Events I. City Council adopts Resolution of Preliminary Approval cf City Englneer�s Report. Y 7 2. City Council adopts Resolution of Intention to annex a District and sets Public hearing date. 3. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the City Council. 5. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. F Y� Lf k e` I V, K F� S r c r' t' i .r Y EXHIBIT •A• Properties and icprovements to be included within Annexation Ho. 18 to Street Lighting Maintenance District 1; PROJECT DN Arterial 9500L�7.S�T- OR 85 -01 168 opts 'i .5 0 DR 85-33 72 opts 8 ,5 0 TR 13027 157 4 2 TR tJO57 147 0 TR 13058 203 0 TR 13059 137 0 TR 13060 86 G TR 12936 48 0 TR 12938 56 0 TR 12939 34 0 TR 12943 47 0 TR 12944 58 0 Im -T- T �N' I 1 w,J 1 'Y �4 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 •APJNEXATION NO. 18 EXHIBIT 'W' rC% CTTY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALII�ORMA A T c 6 a3 � v e.'. v ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCI: DISTRICT NO. .j ANNEXATION No. 18 EXHIBIT "V Clft*r�O.r BANCBo CUCAMONGA CO�++�a i OF a" BUNAMnro ^ DR 85 BTATB ol► CALnOB. u— , ASSESSMENT DIAGRAM STREET LIGHT ING MAINTENANCE QISTRICT N0. , AMEXATipN NO.18 EXHIBIT "Ali V 0OU Or of �0 CUCAUOMOA STATZ Oa CALF LINO A N Lw ITY RESOLUTION NO, A RESOLUTION OF THE C'TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 18 TO STREET LiNTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAI. ENGINI'ER -S REPORT FOR TRACT NOS. 13027 13057, 13058, 13059, 13060, 12936 12938, 12939, 12943, 12944, CR 85_01 AND OR 85 -33 4th d WHEREAS, the City Council of the City of Rancho Cucamonga did an the ay of February, 1987, adopt its Resolution of intention No. 87 -61 to order the therein described work in connection with Annexation No. 18 to Street Lighting Maintenance District No. 1, which Resolution of Intention No. 81_61 was duly and legally published In the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof notice was duly and legally notice of the passage of said Resolution he Intention, headed "Notice of Imp Posted in the time, farm, manner, location, and number as required by law, as ,opears from the Affidavit of Posting said notices, on file to the office of .ne City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of Intention No. 87_61, according to the names and addresses of such owners as ofeRanchoaCucamonga , twhichssa said copiesrwerekduly mailed Clerk of the form,Cand themanner Office of��thedCitylClerk; andears from the Affidavit of Mnfling on file in WHEREAS, said City Council having duly received considered evidence, oral and documentary , concerning the Jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired Jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation Counil herebyorders hat therwork. as set forth Of Sand described 1rdsald Resolutioncof Intention No. 87 -61, be done and made; and approved; SECTION 2' The Report filed by the Engineer is heraby finally SECTION 3: The assessments and method Engineer's epar are hereby approved, of assessmeaY in the SECTION 4: The assessments shall not begin until after 60 percent of said tracts ave been Occupied �— CITY C F RANCHO CUCAMONGA STAFF REPORT DATE: a March 4,1987 a 0 , TO: Mayor and Members of City CeWC1I v PROM: Jack Lam, AICP, Community Development Director BY: Olen Jones, Redevelopment Analyst SUBJECT: REFUNDING 1994 SINGLE FAMILY MORTGAGE REVENUE BONDS RECOMMENDATION Authorize the Mayor to a :Scala consultant contracts PACKG w U the re A ding of the 1984 Single Pamily Mortgage Revenue BOnda. BACKGROUND: In A end stuff to ievenF'�ua for theft, 1884, the City !aw„_;, i. -, 0 y Single Family home. The Interest rota oralh of assisting reef -Ume hom �b Y Mort�taga lass than the market rate. Issue was 21.2 %, which at the time was webs a e [yew ANALYSIS: The Trmtee for the LentlaVy rem ro n the MortU° lntormed staff that egrorlmately 318,0011,700 staff does not anticipate any Purchase Account. divan the current m monies, Staff has been explori he for this money. in order he oo UUz the rema�lnbl� Possibility of re furxIIng tste :Y Under current federal law, the Agency Eng ��. Providing now monies to retire the Outstandiing 1984 refunding unyttme after April 1, and before June 30, 1987. These for the Purpose of �°5B bOnds could be sold Following the We of the re Purchase accounts would be re undrrgedlssu a new lning w amounts In the 1984 mortgaga to the (One to three years) at a below.merke[ Interest rats (7 -7.5% , to the lower Mort P''Ov'd W for a new orlgination Tax Reform Bsge rate, means refunded Issue will also retain the esan added obenefit flexible making It. This means that the income and sales at Inv l easier for more first -time home Price reutrletlon This does not involve my expenditure of City funds, ��a fO e1'e more 9tQWY for the program, ResPectfu]IYe Itted Jack Lam, AlCP Community Development Director AGREEMENT FOR SPECIAL LEGAL SERVICES HOME MORTGAGE FINANCING PROGRAM the THIS RANCHO CUCAMONGA, CALIFORNIA ?armunicipal corporation7(the "City"), between nd jNFS MALL HILL 3 WHITE, A Professional Law Corporation, San Francisco, California ( "Attorneys "). WI T N E S S ET If: WHEREAS, the City Is undertaking a home mortgage financing program ( "the Program ") within the City of Rancho Cucamonga and proposes to finance the further costs thereof by a again conducting Home Mortgage Revenue Bond proceedings; WHEREAS. Attorneys are experienced in municipal and municipal bond law and in the conduct of proceedings for accomplishing such a Program and conducting financing proceedings therefor; WHEREAS, the City intends to assign a portion of its allocatior. to issue mortgage renenue bonds to its Redevelopment Agency and it is appropriate that this Agreement contain provision for legal services with respect to the allocation assigned to the Redevelopment Agency; and WHEREAS, the public interest, economy and general welfare will be served by this Agreement; VOW, THEREFORE, IT IS AGREED, as follows: 1 Duties Attorneys shall provide the following services: a. Consult and cooperate with the City's consultants, underwriters and the administrative officers of the City in the formulation of a coordinated legal and financial Program; b. Prepare all documents, Including, without limitation, ordinances, indentures and resolutions necessary for the proper conduct of proceedings for the issuance of securities for the purpose of financing the Program; for the proceedspof securt ies,iaesignaturetand no hlttigattonecertificate,racnone arbitrage certification and all other documents required in connection with the delivery of the securities; fp7 d Aid to the preparation of transcripts of the conduct of the financing proceedings necessary to accomlany the delivery of securities; e. Apple for and obtain any Internal Revenue Service or other rulidgs necessary to assure tax exempt status of the securities, or as required by the purchaser of the securities; f. Analyze and determine the need for obtaining a permit to issue securities under the Securities Laws (State or Federal) or no- action letters from the Securities and Exchange Commission and California Corporations Commission; g. Upon due and proper completion of proceedings, provide its legal opinion unqualifiedly approving in all regards the legality of all proceedings for the authorization, issuance and delivery of any securities or other transactions related to the Program, which opinion shall inure to the benefit of the purchasers of the securities; and h Provide other necessary services generally expected of bond counsel not listed above. In addition, Attorneys shall render all other services generally provided by bond counsel, including, without limitation, rendering any and all necessary legal advice to the City with respect to legal questions on issues that may arise relative to the financing during such time as the bonds are being contemplated, processed, issued, and sold, and during such time as the some are outstanding 2 Compensation Compensation for the services shall be based on the following percentages of securities issued and sold: One -half of one percent (1/25;) of the principal amount of the securities to a principal amount of $5,000,000; plus One-quarter of one percent (1/4:) of the principal amount of the securities over $5,000,000 up to $20,003,000; plus one -tenth of one percent (1 /10%) of the principal amount of the securities over $20,000,000; provided, however, that the total compensation payable to Attorneys hereunder, including amounts payable pursuant to the next succeeding ' paragraph 3 shall not exceed to the aggregate $120,000. In addition, Attorneys shall be reimbursed for out-of -state travel expenses, for copying and closing costs and for the expenses o7 delivery and messenger services. Our fees and expenses are payable solely upon bond sale and delivery, from the proceeds of the Bonds and developer fees, and not otherwise. t e a portion of its aal ocationa from Hthe a tateavortgagondend Allocationy Committees and the Redevelopment Agency shall issue mortgage revenue bonds pursuant thereto, then Attorneys agree to provide the same legal services to the Redevelopment Agency as herein described for the following compensation: One -half of one percent (1 /2X) of the principal amount of the sold by the Agency to a principal amount of $5,000,000; plus securities One- quarter of one percent (1 /4X) of the principal amount of the securities sold by the Agency over $5,000,000 up to §20,000,000; plus one -tenth of one percent (1 /10X) of the principal amount of the securities sold by the Agency over $20,000,000; provided, however, that the total compensation payable to Attorneys hereunder, including amounts payable pursuant to the next pAttorneys paragraph 2, shall not exceed to the aggregate $120,000. In addition, Attorneys shall be reimbursed for out -of -state travel expenses, for copying and closing costs and for the expenses of delivery and messenger services. Our fees and expenses are payable solely upon bond sale and delivery, from the proceeds of the securities sold by the Agency and developer fees, and not otherwise 4. Exceptions The following services are excepted from the services to be rendered for such percentage fees: a Any relating to the Progamomputer services for verification of cash flow schedules b Any services to be rendered In any litigation involving the City subventipns or loans other ithan ae sale a ndidelivealnto` Federal Federal ar State agency. 7' 9municlpai�s curfties to any Fos' any such services which Attorneys are directed to render for and on behalf of the City, compensation shall be on a reasonable fee basis to be agreed upon, other than a validation action, which, additional charge. if necessary, shall be handled for no upon, S. Seope of & lov series of securities isi It is the intended that this Agreement apply to one employment of other attorneys to handle subsequent series of securities. precluded from reasonable inotice tote other twithoutaliability oathe Cityted by either party on, S'(0 9 t 7� i i t f 2 i` t- h c IN WITNESS WHEREOF, the parties nereto have caused these presents to be executed by their respective officers and representatives thereunto duly authorized, the day and year first aboye written. Attest: City Clerk (SEAL) APPROVED AS TO FORM: Office of the City Attorney a i CITY OF RANCHO CUCAMONGA. a municipal corporation B, Mayor JONES HALL HILL & WHITE, A Professional Law Corporation By n rear G. Me 11, 4 976 :.., Irl Fieldman, Rolapp & Associates MUMOWAL F*WC4. OONSULTWr. March 26, 1987 Honorable Mayor and city council City of Rancho Cucamonga and Board of Directors City of Rancho Cucamonga Redevelopment Agency 9320 C Baseline Road P.O. Box 807 Rancho Cucamonga, CA 91730 Re: Financial Consultant Services 1984 Single Family Mortgage Bond Refunding Financing Programs Gentlemen: This letter proposal is submitted in accordance with a request from Jack Gam, Director of Community Developmc,:t. The proposal is concerned with furnishing financial consultant cervices to be performed in conjunction with the Mortgage Revenue Bond Financing Program ( "Program ") contemplated by both of your Agoncies. We unde_ stand that our responsibilities to the City and the RDA will be as follows: "Consultation with the underwriter, bond counsel and others as necessary, concerning bond financing, timing, termer and their structure including ' the review and cocment on: - Structure of the plan of financing ' - Developer agreements and commitment foe schedules - Mortgaging sale and servicing agreements - Draft of preliminary official statement € - Feasibility study Other financing documents necessary to establish terms of the bond issue." u` goal Dueineu Center Drive, Suite 203 • Irvine, California 82715 • (714) 762 2781 The services which we will provide are as foilowss 1. scope of Work General Assist in providing financial consultant services in connection with any and all financing xequirem -2nts as they pertain to the proposed Program. In this connection, we will make available to you the research, statistical and consultant staffs of the Fieldman, Rolapp and Associates organization to such extent as they may necessary and helpful. Specific Services 1) Review of Documents. Review of the financial aspects of all documents pertaining to the Program. This includes review and comment on developer agreements, commitment fee schedules, mortgaging sale and servicing agreements, and marketing feasibility studies. 2) Municipal Bond market. Furnish the City with information concerning the then current municipal bond market conditions and make recommendations as to the technical details of the financing, including maturity schedules, funds, covenants, prior redemption schedules, and other details which will, in our opinion, make the proposed financing most acceptable to the designated underwriter; end, therefore, marketable at the lowest possible interest rate. 3) Negotiated Salo. Assist the City and the RDA in negotiating the sale of the contemplated bonds to the designated underwriter. In this connection, we will review and comment and advise the City and the RDA on coupon rates, the bond discount, and the underwriter's gross profit In an effort to assure a satisfactory net effective interest rate. 4) Official Statement. Assist the City red the RDA in the review of the Official Statement prepared by the underwriter. If a due diligence meeting is held, we will participate in such due diligence meeting and assist you in the examination of pertinent financial data. 2 rauP"AL FOWC&AL WtSULTwni 5) Consultation /Advice. Attend any meetings concerning the Program when deemed necessary, and, in addition, will be available for consultation and advice until such time as the bonds issued t., finance the Program have been sold. These meetings include, but are not limited to, work sessions and seminara and conferences with other professional consultants associated with the Program, prospective developers, and lenders. 6) Negotiations with State of California. Assist in pertinent negotiations with appropriate State of California agencies. t M 7) Project Negotiations. Assist in negotiations with developers, lenders, and others concerned with the Program. 8) Project Criteria. Assist in developing Program criteria in accordance with the City's housing element plan. 9) Critical Path. Assist In the development of the critical path of events. jt 10) Attendance at Bond Closing. We will compute closing figures including accrued interest and apsist In coordinating the events of the closing. 2. Fees [� The fees for services rendered hereunder shall be paid n by the City and the Redevelopment Agency pro rata based upon the par value of bonds sold by each Agency and will be as follows: a. $2,500 at the time the Agencies receive the one -half point application fee from the developer) plus b. $2,500 at the time the Agencies receive the commitment fee from the developers) plus c. 1. If the par value of the bond issue is be =ween 530,000,000440,000,000 - $7,000 at the time the bonds sold to finance the Programs are dolivered to •_; the underwriter) or s AaA WAL iaWICLAL CCNU&TANta 2. If the par value of the bond issue is between $40,000,000 - $50,000,000 - $11,000 at the time the bonds sold to finance the Programs are delivered to the underwriter; or 3. If the bond issvo is in excess of $50,000,000 - $15,000 at the time the bonds sold to finance the Programs are delivered to the underwriter. 3.Expenses We will pay our own out -of- pocket expenses; provided, however, that if travel outside of Southern California is necessary in the furtherance of the Program and ouch travel is authorized by the City and the RDA, the City and the RDA will reimburse us for all coats of such travel and expenses incident thereto, including lodging and subsistence. 4. Terms The City and the RDA may terminate this Agreement by giving written notice thereof to Consultant, provided that the City and the RDA shall be obliged to pay us for all work performed and all direct costs incurred prior to receipt of notice of termination by us. It is expressly understood that this Agreement does not intend to and is not under any circumstances to be construed as requiring us to perform any services which constitute tLe practice of law; we are employed in an expert financial advisory capacity only. If the foregoing proposal is satisfactory to you, Please take appropriate action to authorize its acceptance by signing and iturning the duplicate copy hereof. WLF /pae i Respectfully submitted, { /L'I /E L( /.D /M /A-H,,�RO P N ASS'JCIATES �`WSri3XmuI1. e�� 4 °. LOP"AL;YW/CIAL CCNSULIANia .:,' i H Executed on behalf of the City of Rancho Cucamonga and the City of Rancho Cucamonga Redovelopment Agency. CITY OF RANCHO CUCAMONGA By CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY ATTEST: 5 (� R Fieldman, Rolapp &.Associates MlW -tP/,L FWMQA. COtMXTWS EXHIBIT "An - SCHEDULE OF FEES '•+ EFFECTIVE JANUARY 1, 1985 Principals of the Firm $85.00 Per Hour i Technical Assistants $45.00 per !lour t Et 6 7 `-2081 Hadnum C■riter Dncq. Salto 800 •Irrdns.Calltorala88715 • (714)78L2781 + Y .t i =,w CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1987 TO: Mayor and Members of the City Council FROM: Jack Lam, AICP, Director of Community Development SUBJECT: AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA CLIME, R V PM h Y R H 1 LHO GIIGIVIONGA 0 FOOTHILL P S R P C SERVICES RECOMMENDATION: Approval for the Mayor to execute the attached greemA ent S tween the City, the Agency and the Foothill Fire Protection District regarding plan review and plan check services. BACKGROUND: In June of this year the Redevelopment Agency :dopted t- Fe-TuRget for Fiscal Year 1986 -87. As part of the budget process the Agency reviews the anticipated revenues and expenditures for Fund 25 - Fire Protection Fund. This fiscal year the Agency included in Fund 25 the provision for the expenditure of up to $55,000 to pay for new plan check and plan review services. Although the actual budget process lies strictly with the Agency the City is involved in the Agreement due to the need for the participation of the building and Safety Division. STATUS: An Agreement has been prepared by staff which outlines tie areas of participation by the City, the Agency and the District. The Goal of this cooperative participation is to Improve the plan review and plan check services presently offered by the District. Basically, the Agency will provide funds for the District's employment of one new plan review and plan check person if the District will match it with a new person from them own resources. It is expected that with the two new staff members that the Distric• All be able to provide a two -week turn around for first checks and a one -week turn around for all others. Further, the District will be able to place a plan check person at City Hall to improve coordination as well as public relations. This level of plan review wilt greatly improve the District's ability to respond to the plan check activity within the Project Area and the City. The City Attorney has reviewed the Agreement and has approved its content and format. On February 17, 1987 tte Foothill Fire Protection District Beard reviewed and approved the Agreement. Respektfully submitted, Jack Lam, AICP - Comeunity Development Director V77 '• i. AGREEMENT BEYWEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, THE CITY OF RANCHO CUCAMO :1GA AND THE FOOTHILL FIRE PROTECTION DISTRICT FOR PAYMENT OF PLAN REVIEW AND PLAN CHECK SERVICES This Agreement, between the Rancho Cucamonga Redevelopment Agency (the "Agency'), the City of Rancho Cucamonga (the 'City') and the Foothill Fire Protection District (the 'District'), is entered into this day of 1987. WHEREAS, in order to terry out Redevelopment, as defined and outlined in Sections 33020 and 330:1 of the Health and Safety Coda, It is necessary for the District to have adequate plan review and plan check capabilities; and WHEREAS, the Agency and the District agree that in order to provide effective and efficient plan check and plan review services to keep pace with the presrnt demands of Redevelopment activity, there is a need for two plan check ana plan review personnel which are in addition to the District's existing plan review and plan check staff; and WHEREAS, in order to improve the District's plan review and plan check capabilities, the Agency agrees to provide funds to the District in order to s pay for personnel costs associated with the employment of one of the two ; " needed plan review and plan check positions; and +n Al .� 1f 78 WHEREAS, the Agency is authorized to utilize tax increment monies which have been deposited into the Fire Protection Fund pursuant to Section 33678 of the Health and Safety Code for said purposes; and WHEREAS, the District agrees to make available funds from their own resources which will provide the necessary amounts, when combined with the Agency's funding, to pay for all personnel costs associated with the employment of the two plan review and plan check personnel. NOW, THEREFORE, In consideration of the commitment of both the Agency and the District to improve the effectiveness and efficiency of the District's plan review and plan check capabilities, the parties hereto agree as follows: ARTICLE I: RESPONSIBILITIES OF THE DISTRICT 1. The District shall retain, within four (4) months of the date of this ;y Agreement, and contimie to employ as long as this Agreement is in ef?ect, two persons who can provide fire protection plan review and plan check services. Not less than one of these plan review and plan check personnel, whose title shall be Fire Safety Analyst, shall fulfill the qualifica` ions and job duties as described on the att.:ctad Exhibit A. If the District determines that during the recruitment process no candidates are qualified to perform the plan check and plan review then the District agrees to continue the recruitment 9 process. If additional time is needed by the District for this purpose, it shall be agreed upon between the City of Rancho Cucamonga Building Official, �Y• i; or designee, and the District. -2- ■ ■ 2. The District will be responsible for the recruitment of the two plan review and plan check personnel. During the recruitment process the District will include the City of Rancho Cucamonga Building Official, or designee, in the decision making process for the screening of all applications and the oral Interview board for the Fire Safety Analyst position. Prior to the recruitment process the District shall submit to the Agency a copy of the ,job announcements which outline the job duties, Qualifications and knowledge of both plan review and plan check positions. The District agrees that during the performance of this Agreement it will not discriminate against any employee or appli-ant for employment because of race, creed, color, sex, age or national origin. 3. As soon as possible, and in no event later than six (6) months from the employment of both positions, the District shall establish guidelines and schedules for plan review and plan check processing. District shall exercise diligence to implement as nearly as possible the following schedule: t a) a maximum of ten (10) working days for first plan check submittals b) a maximum of five (5) working days for second and all plan check re- submittals thereafter. The start date that will begin the processing schedule time is the date the: the plans are rrcelved by a District representative. The date that the plan, review and plan check process will be considered complete 1s when a completed t correction list or final approval 1s returned to the City Building and Safety A 'Y Division. The working priority of the Fire Safety Analyst is to process development proposals as quickly as possible and to comply as nearly as possible with the schedule established by this Agreement. The plan review and plan check duties shall take precedence, except in emergency situations, over other job duties s and fire prevention functions. 4. Within six (6) months from the date of employment by the District, the District will relocate the Fire Safety Analyst to the offices of the City of Rancho Ciocmaonga Building and Safety Division. The District will be responsible for providing all of the necessary office furniture, equipment, code books, reference material and other supplies needed by the Fire Safety Analyst to perform the job duties outlined in Exhibit A. From the time of relocation, and so long as this Agreement remains effective, the Fire Safety Analyst shall be available to the public between the hours of 8:00 a.m. and 5:00 p.m., Xonday through Friday, excepting recognized District holidays, approved vacations and sick leave absences or leaves of absence authorized by the District. S. Upon the vacancy of one or both of the plan review and plan check positions covered by this Agreement, the District will initiate recruitment proceedings so that the vacant positions) are filled w4thin four months of their vacancy. The District will include the City of Rancho Cucamonga Building Official, or designee, to the decision making process of screening i rah._ all applications and the oral interview board for the Fire Safety Analyst position. -4- i 6. The District shall insure that the plan review and plan check norkloads are distributed between all District plan review and plan check service staff so that the processing schedule tine limits are met. 7. The District shall be responsible for preparing and providing any necessary employee evaluations, or other personnel reports that are normally prepared by the District. The District shall also be responsible for Implementing any necessary disciplinary actions associated with the too new plan review and plan check personnel. In preparing said %•port the District shall consider and include the information provided by tha city under Article III, Part 3. 8. The employees to be retained pursuant to this Agreement shall be 1, I considered emplo;ees of the District for all purposes includinS, but not limited to, workers' corpensation purposes. 9. The District shall indmnify the City and its elected officials, officers, agents and employees and save them, and each of then harmless from a, any and all claims, damages, actions and causes of action in any way related f to or connected with the activities of the District's employees within or about any real property owned or occupied by the city of Rancho Cucamonga pursuant to this Agreement to the maximum extent permitted by law. 10. The District shall use Its best efforts within the terms of this Agreement, to insure that effective and efficient plan check services are provided. ARTICLE II: RESPONSIBILITIES OF THE AGENCY 1. The Agency shall contribute monies to the District for the salary and benefit costs associated with the Fire Safety Analyst up to a maximum annual amount of $55,000. The Agency shall contribute to two equal annual installment payments of not to exceed $27,500 each. The first installment to the District will be made once the District provides evidence that both plan review and plan check positions have been filled. The second installment, and all subsequent installments, st,atl occur in six (6) month intervals from the date of the initial contribution. The amount which the Agency contributes to the District will be adjusted for any salary change due to cost of living or evaluation adjustment. In the event the Fire Safety Analyst position becomes vacant, or if the Analyst is unable to perform the job duties outlined in Exhibit A, the Agency ), shall immediately discontinue its installment payments to the District. Once the position is filled, pursuant to Article I, Part 5, the Agency will resume making installment payments provided that the District has complied with all of the terms of this Agreement. The Agency will calculate and credit any monies which have been contributed to the District but which were not expended i due to the vacancy of the position. In the event that the second plan review and plan check position becomes vacant for more than four (4) months the Agency shall immediately discontinue its installment payments to the District. Once the position has been filled, the Agency will resume making installment payments provided the District has e 593.6_ 5 ■ complied with all of the terms of this Agreement. The Agency will calculate 31 and credit any monies which have been contributed beyond the allocable four (4) months to the District but which were not expended due to the vacancy of the position. 2. The Agency shall pay the District from tax increment monies deposited into Fund 25 - Fire Protection. The funding obligation covered by this Agreement shall be considered as a ,junior lien debt of the Agency incurred on behalf of the District. ARTICLE III: RESPONSIBILITIES OF THE CITY " 1. Within six (6) months from the date of employment the City shall provide work space within the Building and Safety Division for the Fire Safety Analyst position. 2. The City shall provide the necessary support services that are directly related to plan review and plan check functions of the Fire Safety Analyst while the position is located within the City offices. These services shall include: use of photocopying equipment, computer equipment as needed 5j expedite plan check processing, clerical services, writing paper and writing instruments. City support services and equipment which the Fire Safety Analyst does not have access to include City vehicles. .M 3. The My will provide any information which the District requests in �r )x order to prepare any necessary employee evaluation or personnel report for the Fire Safety Analyst. The City will provide the information within three weeks of receiving a written request from the District which specifies the type of information needed. In addition, at the City's option, the City may provide employee performance information, or other feedback reports, to the District so that the District can be apprised of the quality of the Fin Safety Analyst's performance. 4. The City shall usa its best efforts, within the terms of this Agreement, to Insure that effective and efficient plan review and plan check services are provided. ARTICLE 1V: TERMIMATIOM OF AGREEMENT This Agreement may be terminated by any of the parties involved should one or all of the parties fail to meet its responsibilities as outlined in this Agreement. In addition, this Agreement may be terminated if it is shown that the Fire Safety Ana ?yst is not able to satisfactorily perform the duties and qualifications of tfm position or is no longer needed for the purpose of expediting the District's plan check and plan review process. Should any of the parties wish to terminate this Agreement written notification must he made to the parties hereto which ldentifias the reasons for termination. Termination shall be effective within 30 days of this written notification. N s3a(y:� `1 .. * b`l �a ARTICLE V: AMENDMENTS TO AGREEMENT No change, amendment or modification to this Agreement shall be effective unless it is signed and approved in writing by the parties hereto. 01 ARTICLE VI: FVTIRE AGREEMENT This Agreement supercedes any and all other agreements, either oral or in writing, entc,ed into by the parties with respect to the subject matter herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. { AGENCY: CITY: Agency Chairman Mayor r FOOTHILL FIRE PROTECTION DISTRICT: �;`__ Board Lhatrun -9- EXHIBIT •A' FOOTHILL FIRE PROTECTION DISTRICT FIRE SAFETY ANALYST (Non - Safety) DEFINITION: Under direction of the Fire Marshal and in cooperation with the City of Rancho Cucawnga Building and Safety Division, reviews and checks building plans, specifications and fire protection systems to insure compliance with all applicable fire protection codes, ordinances, regulations and requirments; to meet with architects, builders, business owners, city officials and members of the p,iblic and provide information, assistance and code and ordinance definition and interpretation; to conduct inspections of commercial, industrial, institutional, public and residential occupancies; and to do related work as required. EXAMPLES OF DUTIES: Analyzes plans, data, programs and reports to control fire safety problems prior to construction and conducts technical inspections after construction to ensure compliance; reviews building plans to assure adequacy of fire requirements; meets with architects, builders, business owners, city officials and the public to define code and ordinance requirements; conducts inspection of commercial occupancies to determine compliance with state and local regulations and makes recommendations for improved fire protection; works gt closely with Fire District personnel, and other departments and other agencies x to coordinating plan and building review and fire protection service; reviews r • statistics regarding fire cause in relation to existing provisions of the Fire �„ Code and recommends changes as needed; participates in development, presentation and evaluation of public relations;educational programs, fire safety and prevention, hazard abatemeit programs, company inspection and fire fighting training programs in fire prevention and inspection and other related programs; enforces fire safety code provisions of a technical and complex nature; witnesses tests of fire protection systems; prepares special, comprehensive and routine reports and maintains records;compiles a variety of statistical dsta; assists fire/arson investigators in gathering evidence and preparing cases for criminal prosecution; attends seminars, meetings and conferences to stay abreast of developments to the field; assists in coordinating and supervising plan check activities; serves on committees and task forces. SPECIAL REQUIREMENTS: Possession of an appropriate California vehicle operators license issued by the State Department of Motor Vehicles. DESIRABLE QUALIFICATIONS: Knowledge of: Applicable City, State and special agency fire laws, ordinances, regulations and requirements; Technical fire inspection methods and techniques; Fire protection, sprinkler and supply systems; Fire prevention methods, programs ,y and equipment; General building, electrical and plumbing codes and ordinances; Public regulations aspects of fire protection and protection ry activities and services; Filing, recordkeeping and report writing practices. r y00 x ABILITY T0: Review and check building plans, specifications and fire protection and sprinkler systems to insure compliance with all applicable fire protection codes, ordinances, regulations and requirements; Conduct effective 'nspectlons of assigned commercial, industrial, institutional, public and residential occupancies; Analyze data, recognize problems, make appropriate decisions and to use resourcefulness and tact in resolving problems; Provide information, assistance and code and ordinance interpretation and definition to architects, builders, business owners, city officials and members of the public; Establish and maintain effective working relationships with district and employees; Express ideas clearly and concisely, orally and in writing, to groups and to individuals; Prepare and maintain a variety of ectivitles with other divisions and agencies; Read, interpret and apply terms and requirements of pertinent codes, ordinances and regulations; Effectively represent the interest of the District in all public contact and inspection activities; Perform rapid, accurate statistical calculations; Investigate complaints regarding the specific areas of responsibility and makes necessary recommendations or corrections, write necessary correspondence, and reports and follows through until the case is closed; Work effectively and independently without direct supervision. TRAINING AND EXPERIENCE: Any combination of training and experience which would provide the required knowledges and abilities. The experience should include at least one year of ,f ey .a„ professional experience in fire protection and building plan review or in a x closely related field. y�9 l W., EDUCATION: Graduation from an accredited four year college or university with specialization in Fire Protection Engineering or a closely related field. q I CITY OF R kNCHO CUCAMONGA c STAFF REPORT DATE: xarch 4, 1987 TO: City Council WON: Lauren M. Wasserman, City Nava 60aJLCT: CONSIDRld 0 0! D 7 T COMISSI0a rRom FIT! ND:t!!8 TO arm NDI[tat The City Council has expressed an interest in discussing whether or not the Park Development Commission should be expanded from five members to seven. If the City Council wishes to have the Commission expanded to amen, it would be approjriate to instruct the staff to prepare ad' Ordinance to accomplish that purpose. If, however, you wish to leave the Commission as It currently is with five members, no further Council action is necessary. LNW /dja tlql K - NINE X L