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elTY OF SAN .JERRARDINcP-
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.AEMORANDUM
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To
THE HONORABLE MAYOR AND COMMON COUNCIL
Approval of Final Map for Tract No. 11118 -
Located 60D feet Northwest of the intersection
of Little League Drive and Meyers Road - WARD 5
C. GLENN WILSON, Dir. of
From Public Works/City Engineer
Subject
Date
April 26, 1982
File No. 11.03/TR 11118
i
Approved
Date
PROPOSED ACTION: Approve the final map for Tract No. 11118, accept the
public dedications shown on the map and authorize execution of an Agree-
ment relating to the improvements to be installed in the subdivision,
BACKGROUND INFORMATION: At the Council meeting of November 19, 1979, the
motion was made and unanimously passed by the City Council to reject the
recommendation of the Planning Commission of denial and approve Tract No.
11118.
Tract No, 11118 is a 34-1ot, single family residential subdivision. The
required bonds and certificates of insurance have been filed with this
office, and the prescribed fees have been paid. Also, the street improvement
and grading plans have been approved.
The final map has been reviewed and found to be substantially in compliance
with the tentative map and the Subdivision Map Act. Therefore, we recommend
that the final map be approved.
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C. GLENN WILSDN
Director of Public Works/City Engineer
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ACTION: Adopt resolution.
WJP:rs
Attach.
cc: Marshall Julian
City Administrator
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BERNARDINO
POST OFFICE BOX 131B_ SAN BERNARDINO_ CALIFORNIA 92402
SHAUNA CLARK
CITY CLERK
Apnl 21, 1981
L. B. Development Corporation
Kirkeby Center
10889 Wilshire Blvd., Ste. 875
Los Angeles, California 90024
Gentlemen:
At the Council Meeting of April 20, 1981, your request
for an extension of time for Tentative Tract No. 11118, lo-
cated on the bluff generally extending norther1y--from-a
point 600 feet northwest of the intersection of Little
League Drive and Meyers Road, was approved by the Mayor and
Common Council.
The tentative tract was extended from May 19, 1981 to
May 19, 1982.
Sincerely,
SHAUNA CLARK
City Clerk
SC:pa
cc: Planning Dept.
Building & Safety-Dept.
Engineering Div.
Francis and Margaret Van Ison
:{;)~. ..,~.
300 NORTH "0" STREET. SAN 8ERNAROINO. CALIFORNIA 92418
PHONE (7141383.5002/383-5102
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calTY OF SAN ..lER~ARDIN8
-
To
The Honorable Mayor and Common Council
Subject
Extension of Time for Tentative Tract No. 11118,
Ward 5
o
.AEMORANDUM
..:;,:.."
Frank A. Schuma
From Planning Director
Date
April 8, 1981
Approved
Date
At the meeting of the Planning Commission on April 7, 1981, the
following recommendation was made: _
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That the request for an extension of time for Tentative Tract
No. lll18,/to establish a 34 lot subdivision in the R-l-l Acre
zone for property consisting of approximately 40 acres located
on the bluff generally extending northerly from a point 600
feet northwest of the intersection of Little League Drive and
'.'
Meyers Road, ~ recommended for approval from May 19, 1981
toMay19,1982. f.-~c ,_
This item will be on the agenda for the Council meeting of
April 20, 1981, at 7:30 p.m. in the Council Chambers, City
Hall, 300 North "0" Street, San Bernardino, California.
~~~L~,-.. .
FRANK A. SCHUMA
Planning Director
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attachments
cc: Engineering Division
Building and Safety Dept.
L. B. Development Center
Kirkeby Center
10889 Wilshire Blvd., Ste. 875
Los Angeles, CA 90024
Francis and Margaret Van Ison
700 S. Lake Ave., Apt. 135
Pasadena, CA 91106
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BTY OF SAN
JER~ARDINc9 - _ .1EMORAND~V1
To THE PLANNING COMMISSION
From PLANNING DEPARTHENT
Subject Extension of Time for Tentative Tract No. 11118
,
Date April 7, 1981
Approved Agenda Item 1, Ward 5
Date
Applicant: L. B. Development Corporation
Kirkeby Center
10889 Wilshire Blvd., Suite 875
Los Angeles, CA 90024
Owner: Francis and Margaret Van Ison
700 South Lake Avenue, Apt. #135
Pasadena, CA 91106
Staff Analysis: The applicant has requested a maximum extension of time
for Tent~tive Tract No. 11118. The Planning Commission approved this
tract on November 6, 1979, with conditions which were concurred with by
the Mayor and Common Council on November 19, 1979, for 34 lots on approx-
imately 40 acres located 600 feet west of Little League Drive and south
of Meyers Road. A zone change accompanied the Tentative Tract and was
approved changing the land use zone from R-1-2~ acres to R-l-l acre.
Although the applicant requested a maximum time extension, which would
be two years (San. Bernardino Municipal Code, Title 19, Chapter 18,
Section 24.030), the staff would recommend an extension of time for one
year from May 19, 1981, to May 19, 1982, subject to all of the original
conditions.
If additional time is required, the Commission may grant an additional
extension of one year.
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CITY 011 TH.::a~'WE
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tr CITY OF SAN BERNARDINO PLANNING DEPARTMENT ""l AGENDA
ITEM #
LOCATiON CASE Extension of Time for I
TT NO. 11118
, 4 /7 /81
HEARING DATE
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November 21, 1'79
Joe B. Donadillan
P.O. Box 5852
Su Benardino, Callfonla 92412
Dear Mr. Donadf-'IlInl
OIl HOYeIIIDer 19, 1979, the PlamllD9 eo..balOD'. rtlCCllll-
..odation of apprcwal for ChaDqe of Zone 1110. ].lZ3, IUld
TenUUve fta" No. 11118, 1oaat~ OIl the b1ungenerally
exteDd1D9 northerly froa a po1l1t 600 feet northwe.t of the
1I1ter.e"iOD of Little League Drive ucJ Meyen Road, waa
IIIOd1.fi~ by the Hayor ud 0 CD COuncil with the followinq
addJ.t:iODal concU. tlOD :
8ri41e path. are to be provi4ed throu9hout the alte
for cxoaaove1' by propertiea 111 the ana.
The zone chanqe will not become effe"ive until thirty
daya after pa...qe of ordlnuce amendlnq the Land U.. ZOD-
1I1q Ordinuce.
Sincerely,
SHAtlRA CLUJt
Cl t:y Clerk
SC:bjh
cc: 8uild1l1q' Safety
PllU1D1I1q Depart:ment
Lou Be1'ltowi ta
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~ITY OF SAN -,ER~ARDIN8 -
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.,,~EMORANDUM
To TIlE HONORABLE MAYOR AND COMMON COUNCIL
From RONALD L. SMITH
D Planning Director
of Zone No. 1123 and Tentative Tract No. 11118 ate
November 8, 1979
Subject Change
Ward 5
Approved
Date
At the meeting of the Planning COIIIIIli.ssion on November 6, 1979, the following
recommendation was made:
That the applications for Change of Zone No. 1123, and Tentative Tract No.
11118, from the existing R-l two and one-half acre land use zoning district
to the R-l one acre zoning for approximately 40 acres of vacant land located
on the bluff generally extending northerly from a point 600 feet northwest
of the intersection of Little League Drive and Meyers Road, and to subdivide
land into 34 individual one acre lots and realignment of Meyers Road were
recommended for approval based on findings of fact contained within the
attached Planning Report Format and subject to the conditions stated therein
with the ing additional condition:
-------..----.- ---~.-._- ,..-
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All existing water lines and other public and private utilities on this
property which are recorded and serve surrounding residences shall be
realigned and recorded at the expense of the developer. Said work shall
be done before any grading is begun and at no time shall existing residences
be without necessary public utilities.
This item WJ. on the agenda for the Council meeting of Noveni>er 19, 1979
at 7,30 p.m. in the Council Chambers, City Hall, 300 North "D" Street, San
Bernardino, California.
~ ..d y~
IDNALD L. SMITH
Planning Director
fIn
atts
cc: Building & Safety Dept.
Engineering Division
Parks Dept.
Zoning Officer
Joe E. Bonadiman, Eng.
P.O. Box 5852
S. Bdno., CA 92412
Lou Berl<owitz, Subdiv.
10889 Wilshire Blvd., Suite 1434
Los Angeles, CA 90024
Francis & Margaret K. Van Ison
700 S. Lake Ave., Apt. 135
Pasadena, CA 91106
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81TV OF SAN . __ER~ARDIN8
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~v~EMORANDUM
-
To
PLANNING COMMISSION
From
RONALD L. SM I TH
Planning Director
November 6, 1979
Subject
Change of Zone #1123 & Tentative Tract #11118
Ward #5
Date
Approved AGENDA ITEM NO.7
Date
This item was continued from the October 16, 1979 Planning Commission
meeting.
,. . ..". Ill.. _ ..... __~__
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PLANNING DEPARllIENT REPORT FDRMAT
October 16, 1979
CHANGE OF ZDNE #1123 and TENTATIVE TRACT #11118
Agenda I tern 11
Ward 5
Request: To change the zone on approximately 40 acres from R-1-2~ to R-1-1 acre.
Also, to divide the 4D acres into 34 lots at a net density of .86 units per acre.
Location and Area: Located 6DD feet northwest of the intersection of Little League
Drive and Meyers Road in the Verdemont area of the City.
Applicants:
Joe E. Bonadiman - Engineer
P. O. Box 5852
San Bernardino, CA 92412
Lou Berkowitz - Subdivider
ID889 Wilshire Blvd.
Suite 1434
Los Angeles, CA 9D024
Property Owners: Francis and Margaret K. Van Ison
700 S. Lake Ave., Apt. 135
Pasadena, CA 91106
Zoning and Land Use:
Property
Subject
North
South
East
West
Zoning
R-1-2~ acres
R-1-2~ acres
R-1-1 acre
R-1-1 acre
R-l-1 acre
Land Use
Vacant
Vacant
Vacant
Vacant
Vacant
Streets:
Widths and designations: The only street within the subject property is Meyers Road,
which the applicant proposes to realign. Meyers Road is a local street not shown on
the State College Area General Plan. City standards would require a 6D foot right-
of-way.
Sewers: Sewers are not available in the area. Therefore, each proposed lot would
be served by individual septic systems.
General Plan:
Designation and intensity: The State College Area General Plan designates this
residential area to be developed at a density of 0-3 units per net acre.
Environmental Impact: The City of San Bernardino Environmental Review Committee
has issued a Negative Declaration due to compliance with the General Plan and sub-
mission of a traffic study for the area.
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Plan. Dept. Rept. Frmt.
CZ #1123, TT #11118
P. 2
1D-16-79
Notification of Public Hearing: Notices of Public Hearing mailed to property
owners within 500 feet of subject property on October 2, 1979 and advertised in
Sun-Telegram on October 3, 1979.
Staff Analysis:
The major question posed by this set of applications (Change of Zone #1123 and
Tentative Tract #11118) is whether or not lots of one acre in size should be al-
lowed to intrude into an area where two and one-half acres has been the smallest
lot size allowed to date.
Historically, Palm Avenue has been the northern limit for the more urban residen-
tial zones such as R-I-7200. North of Palm, the lots are a minimum of one acre in
size. That zoning continues to a point just north of Little League Drive where it
changes to a minimum lot size of two and one-half acres.. This would be the first
intrusion of one-acre sized lots into this more rural, hilly, bluff area -- and,
thus, MAY establish a precedence for similar areas further north.
The Commission has previously approved small subdivisions with two and one-half
acre parcels to the north. If these were to be further subdivided, it could re-
sult in excessive traffic on substandard roads and easements, especially the
latter. Dther potential problems may arise due to the high number of septic sys-
tems, and possible inaccessability to fire or other emergency vehicles.
Generally, however, a well-designed subdivision on gently sloping terrain without
percolation problems or physical constraints may fit quite well into this area as
long as strict engineering standards are met. It appears that the proposed sub-
division, if adequately controlled, would maintain the rural character of the
area and stay within the environmental holding capacity for the site and the sur-
rounding area.
The proposed tract has some items which need to be corrected. For example, Lot
#1 is virtually cut in half by the existing creek, especially if the Commission
approves the Engineering Division's recommendation to install a 10 x 8 foot re-
inforced concrete culvert. In order to maintain full usability of the parcel for
all future owners, staff recommends that the culvert be adequately bridged at a
point approximately midway between the north and south boundaries of the parcel.
This bridge should have the capacity to carry vehicles or small fanning equipment
across if necessarv.
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Meyers Road will need to be realigned beginning at a point just south of the ex-
isting creek crossing. A new crossing will be constructed and Meyers Road will
proceed as shown on the proposed tract map. The 6D f~e; right-of-way will include
4D feet of pavement, curbs and gutters, but no s
Lots #11 and #28 will need to be adjusted on the final map to show a minimum of
15D feet of width at their midpoint. They are currently substandard.
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Plan. Dept. Rept. Frmt.
CZ #1123, TT #11118
P. 3
10-16-79
Findings of Fact for Change of Zone #1123:
1. The requested change of zone is consistent with the General Plan which desig-
nates the subject property for residential uses at a density of D-3 units per
net acre.
2. The subject property is surrounded on the south, east, and west by other par-
cels zoned R-l-1 acre.
3. The lots are of sufficient size (one acre or larger) to accommodate residences
which would promote the rural character of the area.
4. The proposed zoning would not permit uses on the site which would adversely af-
fect surrounding properties since rural residential exists throughout the area.
Findings of Fact for Tentative Tract #11118:
1. The proposed map is consistent with the City's General Plan. The project den-
sity is D.86 units per net acre and complies with the zero to three unit per
acre range specified by the San Bernardino State College Area General Plan.
0.
Design of the su
foot right-of-way.
3. Potential drainage and flooding problems are to be mitigated through require-
ments of the City Engineer.
provemen 0
eyers Road to a 6D
4. Completion of this project will not result in the excessive disruption of wild-
life or their habitat since the majority of habitats lie to the north.
5. The design of this subdivision or type of improvements are not likely to cause
serious health problems as City water is available and all septic systems would
be required to be installed in accordance with proper standards as set by the
California Regional Water Quality Control Board.
Recommendation: Staff recommends approval subject to the following stipulations
and conditions:
Fire Department:
1. Fire flow shall meet the minimum as calculated by this department. Plans shall
be submitted for approval.
2. This Tract shall comply with all of the requirements of City Drdinance #1988
(High Fire Hazard Area Ordinance);
3. Fire protection shall be provided prior to any construction.
4. Due to the location of this Tract and the normal 3DD foot length of an average
cul-de-sac, it is strongly recommended by this department that consideration
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Plan. Dept. Rept. Frmt.
CZ #1123, TT #11118
P. 4
1P-16-79
be given to providing a second egress from the.cul-de-sac, thus eliminating
same. This can be accomplished with easement.
Police Department:
5. Approved. No conditions.
Electrical Division:
6. Location of street lights shall .comply with markings as shown on map labeled
"Electrical Department Map" on file with the Planning Department (Tentative
Tract #11118).
County Planning Department:
7. No objection.
Refuse Division:
8. Approved. No conditions.
County Health Department:
9. San Bernardino City water should be provided to this tract.
California Regional Water Quality Control Board:
1D. The proponant shall obtain clearance from this Board for use of septic tank
subsurface disposal. A percolation test will be necessary for such clearance.
Street Division:
11. Approved. No comments.
Southern California Edison Company:
12. The developer will be required to furnish Southern California Edison Company
four copies of the final map, including title sheets, no later than two weeks
prior to recording the tract. Ornamental street lights will be installed in a
number and at locations as recommended by the Southern California Edison Com-
pany at a differential per unit cost as filed in applicable tariff schedules
with the Public Utilities Commission of the State of California. The subdi-
vider shall comply with all current regulations and rules of the Southern Cali-
fornia Edison Company as filed with the Public Utilities Commission for the in-
stallation of underground or overhead electric utilities within this tract.
San Bernardino Unified School District:
13. The subject property is served by Kimbark Elementary School, 18D21 Kenwood,
Shandin Hills Intermediate School, 43D1 Little ~Iountain Drive, and Cajon High
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Plan. Dept. Rept. Frmt.
CZ #1123, TT #11118
P. 5
10-16-79
School. 1200 Hill Drive, all in San Bernardino, California.
14. If surrounding fences, walls or other similar barriers imposed by construction
are proposed. consideration must be given to leaving openings that enable stu-
dents to take the most reasonably direct route to school.
Parks and Recreation Division:
15. Street trees shall be installed as per City specifications, 15 gall~n minimum,
4D feet on center along Meyers Road and Meyers Court.
16. Exact locations will be designated by the Street Tree Supervisor.
17. Varieties will be determined by the Parks and Recreation Director prior to
planting.
Planning Department:
18. The culvert passing through Lot #1 shall be adequately bridged at a point ap-
proximately midway between the north and south boundaries of the parcel. Said
crossing shall have the capacity to carry vehicles and small farming equipment
across.
19. All lots shall be adjusted on the final map to show a minimum of 15D feet of
width at their midpoint.
Engineering Division:
20. The attached memorandum outlines the conditions and stipulations of the Engi-
neering Division. These are included herein as conditions as if set forth in
length.
ADD- All existing water lines nad other public and private utilities on this
property which are recorded and serve surrounding residences shall be
realigned and recorded at the expense of the developer. Said work shall
be done before any grading is begun and at no time shall existing residences
be without necessary public utilities.
Q!TV OF SAN ~E~ARDIN9
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IIEMORAND~M
To Ron Smith, Planning Director
C. Glenn Wilson, Dir. of
From Pub 1 i c Works/Ci ty Engi neel
Subject Engineering Division's Recommendations for Tract Date
No. 11,118 -- Meyers Road, West of little league Drive
October 8, 1979
File No. TR 11,118
Approved Date
1. Street Dedications and Improvements:
a).
Meyers Road - Dedication of 64 feet right of way shall be granted.
Construct curbs and gutters (at 20 feet from centerline), paving,
residential driveway approaches, and street lighting system. The
existing tangent alignment of Meyers Road shall be extended to the
new alignment, so as to avoid any reversing curves. The existing right
of way shall be retained as necessary to provide access to all abutting
parcels.
Meyers Court - Dedication of 50 feet right of way shall be granted.
Construct curbs and gutters (at 18 feet from centerline) paving, residential
driveway approaches, and street lighting system.
b) .
2. All grading shall be done in strict compliance with applicable provisions of
the City Grading Ordinance No. 3695 and the preliminary soils report. All
grading shall utilize contour grading and blend with the existing topography.
Upon completion of the grading, slopes areas are to be landscaped to provide
visual relief as well as slope stability as determined by the Engineer.
3. Prior to acceptance of the improvement plans by the City Engineer, the Sub-
divider's engineer shall submit sufficient soils test by a recognized soils
testing lab to demonstrate the adequacy of the pavement design indicated
on the street cross sections shown on the improvement plans.
4. All drainage and flood control facilities shall be provided in accordance
with the recommendations of the County Flood Control District and the require-
ments of the City Engineer. Construct a lD foot x 8 foot reinforced concrete
culvert, as shown on the Comprehensive Storm Drain Plan (Project No.7, Area E),
in order to convey the water drained in the watercourse that traverses lot 1.
A bridge deck shall be constructed across the culvert to provide a crossing
for Meyers Road. Drainage easements shall be granted as required by the City
Engineer to drain all lots.
5. Water to be furnished by the City of San Bernardino to all lots.
6. Street name signs, and traffic control signs, as required by the City Traffic
Engineer, shall be installed by the subdivider.
7. All utility services shall be underground.
CITY ON TH.~V"
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TO: Ron Smith. Planning Director
RE: Engineering Division's Recommendations for Tract
No. 11,118 -- Meyers Road, West of Little League Drive
October 8, 1979
Page 2
8. An easement shall be granted for Meyers Road, between the existing alignment
and the tract boundary, prior to or concurrent with recordation of the final
map.
9. An electrical energy fee for street lights, for a period of 48 months.
shall be paid to the City Engineer prior to recordation of the Final Map.
10. Private sewage disposal facilities shall be constructed in accordance with
requirements of the Santa Ana Regional Water Quality Control Board.
C. GLENN WILSDN
Director of Public Works/City Engineer
~~~
RDGER G. HARDGRAVE
Assistant City Engineer
RGH : ro
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RESOLUTION NO. 32-191
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP
FOR SUBDIVISION TRACT NO. 11118, LOCATED 600 FEET NORTHWEST OF THE INTERSECTION
OF LITTLE LEAGUE DRIVE AND MEYERS ROAD; ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Sub-
division Tract No. 11118, located 600 feet Northwest of the intersection of
Little League Drive and Meyers Road, together with the provisions for its
design and improvements, is consistent with the General Plan of the City of
San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized
on behalf of said City to execute an agreement with L. B. Development
Corporation for the improvements in said Subdivision Tract as required by
Title 18 of the City Municipal Code and the California Subdivision Map Act.
Said improvements are specifically described and shown on Drawing No. 6204
approved and on file in the office of the City Engineer of the City of San
Bernardino,
SECTION 3. The Final Map of said Subdivision Tract is hereby
approved and the City of San Bernardino hereby accepts as public property
all dedications and offers of dedications within the subdivision as
shown on said Final Map for streets, alleys, inCluding access rights,
drainage and other public easements. As a condition precedent to
approval of the Final Map, the subdivider shall first execute the
agreement referenced in Section 2 hereof for the improvements within
said subdivision. The City Clerk shall certify the approval and
acceptance of the Mayor and Common Council as set forth in this
resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adOPted
by the 11ayor and Conmon Council of the City of San Bernardino at a
reqular
of
Hav
meeting thereof, held on the
day
3rd
, 19-E.., by the fOllowing vote, to wit:
AYES: COUNCIL MEMBERS
Hobbsn
ilAYS:
None
ABSENT:
Castaneda. Reillv. Ouiel.
Council Members Hernandez, Botts, Strickler
~L7~
, y erk
day of
The foregoing resolution is hereby approved this
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Hay
Approved as to form:
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A &lU.I!H.!!I
(subdivision improvements)
THIS AGREEMENT is made and entered into this .;r~ day of
1Y/<ZJ4, ,19M, by and between the CITY DF SAN BERNARDIND
a municipaf corporation, hereinafter referred to as "City", and
L. B. DEVELOPMENT mRroRATION
, hereinafter referred to as
"Subdivider".
RI.f.lT~.!:.i:
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
TRACT NO. 11118
"
The map has been filed with the City for presentation to the City
Counci 1 (herei nafter called "Counci 1") of the Ci ty for its approva 1 ,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to t~e con-
struction and completion of improvements, including all streEts,
highways or public ways and pUblic utility facilities which ere a part
of, or appurtenant to, the subdivision (hereinafter called "!ubdivision")
designated in the map, all in accordance with, and as requirE'd by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which rlans and
specifications are now on file in the office of the City Enqineer of
City.
Council has approved said map and accepted the dedicaticns
therein offered, or some thereof, on condition that Subdivider first
enter into and execut~ this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NDW. THEREFDRE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) the
subdivision to complete the improvements in accordance
with the plans and specifications on file as hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by Enqineer
All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of said
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work to be within: 24 MJNrHS
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, tha
in the event good cause is shown therefor, the City
Engineer may extend the time for completion of the
improvements hereunder. Any such extension may be
granted without notice to the Subdivider's surety, and
extensions so granted shall not relieve the surety's
liability on the bond to secure the faithful performanc
of this agreement. The City Engineer shall be the sole
and final judge as to whether or not good cause
shown to entitle Subdivider to an extension.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair,
or have repaired, as the case may be, all pipes and
monuments shown on the map which have been destroyed
or damaged, and Subdivider shall replace or have re-
placed, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or
repairs, of any and all property damaged or destroyed
by reason of any work done hereunder, whether such
property be owned by the United States or any agency
thereof, or the State of California, or any agency or
political subdivision thereof, or by the City or by
any public or private corporation, or by any person
whomsoever, or by any combination of such owners. Any
such repair or replacement shall be to the satisfaction,
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and subject to the approval. of the City Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be perfonned within the
area delineated on the map, a written statement signed
by Subdivider, and each public utility corporation in-
volved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation
for the connection of any and all public utilities to be
supplied by such public utility corporation with in the
subdivision.
7. Permits: Compliance with law
Subdivider shall, at Subdivider's expense, obtain all
necessary permits and licenses for the construction of
such improvements. give all necessary notices and pay
all fees and taxes required by law. Subdivider shall
comply with all provisions of the Subdivision Map Act
and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the
work on said improvement, or have a competent foreman
or Superintendent, satisfactory to the City Engineer
on the work at all times during progress, with authority
to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities
and provide safe access for inspection by City, to all
parts of the work, and to the shops wherein the work
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is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(1) An amount equal to at lease one hundred percent
of the total estimated cost of the improvements and
acts to be performed as security for the faithful
performance of this agreement;
(2) An amount equal to at least fifty percent of the
total estimated cost of the improvements and acts
to be performed as security for the payment of all
persons .performing labor and furnishing materials
in connection with this agreement; and
(3) An amount equal to at least twenty-five percent
of the total estimated cost of the improvements
and acts to be performed as security for the guarantee
and warranty of the work for a period of one (1) year
following the completion and acceptance thereof against
any defective work or labor done, or defective materials
furnished. As a part of the obligation guaranteed by
the security and in addition to the face amount of the
security, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees
incurred by City in successfully enforcing the obligation
secured. The type of security furnished shall be in the
form of bonds, deposits or letters of credit as provided
in Title 18 San Bernardino Municipal Code.
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and the type shall be at the option of and subjec
to the approval of the City Engineer and the City
Attorney.
11. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, Officers,
agents and employees, harmless from any liability for
damage or claims for damage for personal injury, inclu
ding death, as well as from claims for property damage
which may arise from Subdivider's or SUbdivider's con-
tractors', subcontractors', agents' or employees'
operations under this agreement, whether such operation
be by Subdivider or by any of Subdivider's contractors,
subcontractors, or by anyone or more persons directly
or indirectly employed by, or acting as agent for,
Subdivider or any of Subdivider's contractors or subcon
tractors. Subdivider agrees to, and shall, defend
City, and its elective and appointive boards, commissio s,
officers, agents and employees from any suits or action
at law or in equity for damages caused, or alleged to
have been caused, by reason of any of the aforesaid
operations, provided as follows:
a. That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of
the aforesaid hold harmless agreement, because of
of the acceptance by City, or the deposit with City
by Subdivider, of any of the insurance policies
described in Paragraph 12 hereof.
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b. That the aforesaid hold harmless agreement by Sub-
divider shall aPlly to all damages and claims for
damages of every kind suffered, or alleged to
have been suffered, by reason of any of the afore-
said operations referred to in this paragraph, re-
gardless of whether or not City has prepared,
supplied or approved of, plans and/or specificatio
for the subdivision, or regardless of whether or
not such insurance policies shall have been deter-
mined to be applicable to any of such damages or
claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement
until Subdivider shall have obtained all insurance
required under this paragraph and such insurance shall
have been approved by City Attorney as to form, amount
and carrier, nor shall Subdivider allow any contractor
or subcontractor to commence work on his contract or
subcontract until all similar insurance required of the
contractor or subcontractor shall have been so obtained
and approved. All requirements herein provided shall
appear either in the body of the insurance policies or
as endorsements and shall sPecifically bind the insur-
ance carrier.
a. Compensation Insurance
Subdivider shall maintain, during the life of this
agreement, Workmen's Compensation Insurance for all
SUbdiVider's employees employed at the site of im-
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provement, and in case any work is sublet, Subdivid~
shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insurano
for all contractor's or subcontractor's employees,
unless such employees are covered by the protection
afforded by Subdivider. In case any class of em-
ployees engaged in work under this agreement at the
site of the project is not protected under any
Workmen's Compensation law, Subdivider shall provide
and shall cause each contractor and subcontractor to
P Dvide, adequate insurance for the protection of
employees not otherwise protected. Subdivider shall
indemnify City for any damage resulting to it from
failure of either Subdivider or any contractor or
subcontractor to take out or maintain such insurance.
b. Public Liability and Property Damage Insurance
Subdivider shall take out and maintain during the lif
of this agreement such public liability and property
damage insurance as shall insure City, its elective
and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agreement
from claims for damages for personal injury, inclu-
ding death, as well as from claims for property
damage which may arise from Subdivider's or any
contractor's or SUbcontractor'S operations hereunder,
whether such operations be by SUbdiVider or any
contractor or subcontractor, or by anyone directly
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or indirectly employed by either Subdivider or allY
contractor or subcontractor, and the amounts of :>uci1
insurance shall be as follows:
(1) Public Liability Insurance
In an amount not less than $100,000
to;,:
injuries, including, but not limited to, death,
to anyone person and, subject to the same
limit for each person, in an amount not less
than $ 300,000
on account of anyone
occurrence;
(2) Property Damage Insurance
In an amount not less than $50,000 . for
damage to the property of each person on accoun
of anyone occurrence.
In the event that any of the aforesaid insurance
policies provided for in this Paragraph 12 insure3
any entity, person, board or commission other than
those mentioned in this paragraph, such policy sh~ll
contain a standard form of cross-liability endorse-
ment, insuring on such policy City, its elective
and appointive boards, commissions, officers, ag';:1t.s
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agreencnt
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the
execution hereof, with satisfactory evidence of t~e
insurance required, and evidence that each carrier is
required to give City at least ten days' prior notice
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of the cancellation or reduction in coverage of any
policy during the effective period of this agreemellt.
14. Title to Improvements
Title to, and ownership of, all improvements constructed
hereunder by Subdivider shall vest absolutely in City,
upon completion and acceptance of such improvements by
City.
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance
of the work performed under this agreement, any structll'l\J
or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by
Subdivider, or any of the work done under this agree~ent,
fails to fulfill any of the requirements of this agree-
ment or the specifications referred to herein, Subdivider
shall without delay and without any cost to City, repair
or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structur~,
Should Subdivider fail to act promptly or in accordal.ce
wi th this requirement, or should the exigencies of the
Subdivider can be notified, City may, at its option,
make the necessary repairs or replacements or perforl',
the necessary work and Subdivider shall pay to City the.
actual cost of such repairs plus fifteen percent (15~j.
16. Subdivider Not Agent of City
Neither Subdvider nor any of SUbdivider's agents or con-
tractors are or shall be considered to be agents of City
in connection with the performance of Subdivider's obli-
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gat ions under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit
fees for all engineering inspections and other services
connected with the City in regard to the subdivision.
Said fees shall be paid prior to commencing any con-
struction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution :or.
the work, or any severable part thereof, with such
diligence as will insure its completion within the time
specified, or any extensions thereof, or fails to obtai
completion of said work within such time, or if the
Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assignment for the benefit of
Subdivider's creditors, or if a receiver should be
appointed in the event of Subdivider's insolvency, or if
Subdivider, or any of Subdivider's contractors, subcon-
tractors, agents or employees, should violate any of the
provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Sub-
divider's surety of breach of this agreement, or of any
portion thereof, and default of Subdivider.
19. Breach of Agreement: Performance by Surety or City
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the ..'ork
and the improvement herein specified; provided, however,
that if the surety, within five days after the serving
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upon it of such notice of breach, does not give City
written notice of its intention to take over the perfor
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mance of the contract, and does not commence performanc
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thereof within five days after notice to City of such
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election, City may take over the work and prosecute the
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same to completion, by contract or by any other method
City may deem advisable, for the account and at the
expense of SUbdivider, and Subdivider's surety shall be
liable to City for any excess cost or damages occasionec
City thereby; and, in such event, City, without liabilit~
for so doing, may take possession of, and utilize in
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completing the work, such materials, appliances, plant
13.
and other property belonging to Subdivider as may be
on the site of the work and necessary therefor.
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20. Notices
All notices herein required shall be in writing, and de~
livered in person or sent by registered mail, postage
prepaid.
Notices required to be given to City~hall be addressed
as follows: City Administrator, City Hall, 300 North
"D" Street, San Bernardino, California 92418.
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Notices required to be given to Subdivider shall be
addressed as follows: L. B. DEVELOPMENT OORP.,
6819 SEPULVEDA BLVD., SUITE 204, VAN NlNS, CA. 91405
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Notices required to be given surety of Subdivider shall
be addressed as follows: DEVELOPERS INSURANCE CDfPANY ,
POST OFFICE BOX 1159, IDS ALAMITOS, CA. 90720
Provided that any party or the surety may change such
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address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted
to the new address.
IN WITNESS WHEREOF, the parties hereto have executed th~s
agreement on the day and year first above written.
ATTEST:
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C1.ty C er
Approved as to form: ~
~It.#/AiMd
City At rney
SUBDIVIDER
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By ~ - -;"-.' "T
<./' .
By ~ ~,ioHo.t'
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
executed in the corporate name and signed by the President or a
Vice-President and the Secretary or Assistant Secretary, anc< Lne
corporate seal affixed. If the Subdivider is a partnership, it
must be signed by all partners. If the Subdivider is an individual
doing business under a fictitious name, it must be signed by all
persons having an interest in the business, and the fictitious
name must be signed also. The agreement must be notarized by the
Subdivider.
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(Corporation)
STATE OF CALIFORNIA
COUNrY OF Los Anlze1es
On April 15, 1982
Louis
Stale, penooaUy a~
known to me to be th~ President, IIntl
known to me to ... ........tary
of the corporation tbat executed the within Instrument,
known to me to he the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me tbat such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its baud of directon.
WITNESS my haDd and official seal.
TO .... CA (8.7")
} M.
o
_nn.e INSURANCe
_AND1RIJ5I'
.--
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~fore me, the undenigned, a Notary Public in and for said
Berla:nntz
Marion Berkowitz
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'........
.~_.'.
.' ~\~l~. ". ,')
';:l~:;;;:/
OFFIC!.~.L S~I.~ L
SM\RA KAY LEEDY
r:0:"':'v ~U!)t'C . CALl::',:,":'!NIA
~os t.NGRr:S CO'JNTY
My camm. expires JUN 21, 1:22 :}
"V" l
(Thll area for ofBda1 notarial seal)
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RESOLUTION NO. 34-540
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RESDLUTIDN OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF
2 THE STANDARD FDRM OF AGREEMENT FOR IMPROVEMENTS TO BE INSTALLED IN TRACT NO.
11118, LOCATED 600 FEET NORTHWEST OF THE INTERSECTIDN DF LITTLE LEAGUE DRIVE
3 AND MEYERS ROAD. WITH TIllE FOR PERFORMANCE SPECI FI ED.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS: -
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SECTION 1. The' .Mayor and Common Counci 1 fi nd that the proposed
subdivision Tract No. 11118, located Northwest of Little League Drive and
Meyers Road, together with. the provisions for its design and improvements, is
consistent with the General Plan of the City of San Bernardino.
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SECTION 2. The Mayor of the City of San Bernardino is authorized
on behalf of said City to execute the standard form of agreement adopted by
Resolution No. 84-8 with Western Desert Corp., a California corporation, for
the improvements in said subdivision tract as are required by Title 18 of the
San Bernardino Municipal Code and the California Subdivision Map Act. The
time for performance is specified at 24 months. Said improvements are
specifically described and shown on Drawing No.;.5204, approved and on file in
the Office of the City Engineer of the City of San 8ernardino.
SECTION 3. The Subdivider shall first execute the agreement
referenced in Section 2 hereof for the improve~ents within said subdivision.
The City Clerk shall certify the approval and acceptance of the Mayor and
Common Council as set forth in this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at areqular
meeting thereof, held on the
day of
Decerrber
17th
24 1984, by the following vote, to-wit:
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AYES: Council r.1embers c"..trmeda. neillv. Hernandez,
01,~~1 F~~~~pr. ~tric).ler
NAYS:
ABSENT:
,.:r",".o.
Council !'.el".ber ~!ark5
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/ City erk
day of
The foregoing resolution is hereby approved this ~~~~
Decewer
, 1984.
Approved as to form:
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,aiRII!H.!i1
(subdivision improvements)
THIS AGREEMENT is made and entered into this ...<M,(...day of
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,(~ ,1981: by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
, hereinafter referred to as
"Subdivider".
RIf..!.IAhi:
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
TR-11118
"
The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title lB San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) the
subdivision to complete the improvements in accordance
with the plans and specifications on file as hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by EnQineer
All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as
shown upon the plans and specifi cations therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Corrmencement and Performance
City hereby fixes the time for the completion of said
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work to be within 24 Months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the Citv Engineer malt extend
the time for completion of the improvements hereunder. Any such
extension m~y be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the suretv's liabilitv
on the bond to secure the faithful performance of this agreement,
The City Engineer shall be the sole and final iudge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have
repaired, as the case may be, all pipes and monuments shown on the
map which have been destroved or damaged, and Subdivider shall re-
pla~e or have reolaced, repair, or have repaired, as the case mav be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed bv reason of any work done
hereunder, whether such property be owned by the United States or
any agency thereof, or the State of California, or anv agencv or
political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or bv any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer,
6. Utility Deposits - Statement
Subdivider shall file with the CitY Clerk, prior to the commencement
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of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider. and each public utilitv
corporation involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied by
such public utility cornoration within the Subdivision.
7. Permits: Compliance with Law
Subdivider shall. at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements.
give all necessarv notices and pav all fees and taxes reouired bV
law. Subdivider shall comply with all orovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the Citv Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all Darts of the
work, and to the shoos wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider sha11 furnish
to City improvement security as follows:
(1) An amount eQual to at least one hundred oercent of the total
estimated cost of the improvement and acts to be performed as
security for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
cost of the imnrovements and acts to be nerformed as securitv for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est:mated cost of the improvements and acts to be performed 2S
security for the guarantee and warranty of the work for a neriod of
one (1) year following the completion and acceotance thereof against
a~y defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed bv the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred by City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title
18 San Bernardino Municipal Code; and
the type shall be at the option of and SUbject to the apnroval of
the City Engineer and the City Attorney.
1. Hold Harmless Agreement
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Subdivider hereby agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, tarwless
from any liability for damage or claims for damage for personal injurv,
including death, as well as from claims for property damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such ooerations
be by Subdi vi de;' or by any of Subdivi der I s contractors, subcontractors,
or by and one or more persons directly or indirectlv emploved by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider a~rees to, and shall, defend City, and its
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appointive boards. commissions, officers, agents and emolovees
from any suits or actions at law or in eouitv for damages caused.
or alleged to have beer caused, bv reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, waive anv rights against
Subdivider which it may have bv reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with Citv by Subdivider. or ~.n\, ef the insurance oolicies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and claims for damages of every kind
suffered. or alleged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not Citv has orepared, supplied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav,! obtained all insurance reouired under this paragraoh and
such insurance shall have been approved bY Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence ~~rk en his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reauirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specificallv bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durin9 the life of this agreement.
Workmen's Compensation Insurance for all Subdivider's emolovees
employed at the site of imorovement, and in case anv work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emolove~s, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under anv Workmen's
C0mpr:nsvticn Law, Subdivider shall crcvide and shall cause each
contractor and subcontractor to ~rovide, adequate insurance for
the protection of emplovees not otherwise orotected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or anv cOntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablitv and Propertv Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liabilitv and oropertv damage insurance
as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider arod any contrac
tor or subcontractor performing work covered by this agreement
from claims for damages for personal in.;urv, including death.
as well as from claims for property damage which may arise from
Subdivider's 01' any contractor's or sabcontractor's operations
hereunder, whether such operatiors be by Subdivider or anv
contractor or subcontractor, or bv anvone directlv or indirectly
employed by either Subdivider or any contractor os subcontractor
and the amounts of such insurance shall be as follows:
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(1) Public Liabilitv Insurance
In an amount not ~f:SS than $100.000.00 for
injuries, including, but not limited to, death, to any
one oerson and, sUbject to the same limit for each
person, in an amount not less than $ )00.000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $50.000.00 for
damage to the property of each person on account of any
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cross-
liability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor c.r subcor.tractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory evidence of the insurance reouired, and
evidence that each carrier is required to give Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any policy during the effective Qeriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
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15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
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work oerformed under this agreement, any structure or part of any
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structure furni5hec e.nd/or instal:ed or constructed, or caused
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to be installed or constructed bv Subdivider, or anv of the work
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done under this agreement, fails to fulfill any of the requirements
of this agreement or the soecifications referred to herein, Sub-
divider shall without delay and without any cost to City, renair
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or replace or reconstruct any defective or otherwise unsat;sfact-
OrY part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdivid(:r car. ~e r.ctified, City may at
its ~ption, make the necessarv repairs or replacements or oerform
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the necessary work and Subdivider shall oav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
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Neither Subdivi der nor any of Subdi vider' s agents or contractors
are or shall be considered to be v~~nts of City in connection with
the oerformance of Subdivider's obligations under this agreement.
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17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engineering inspections and other servi ces connected with the Citv
in regard to the subdivision. Said fees shall be paid prior to
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commencing any construction.
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18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work,
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or any severable part thereof, with such diligence as will insure
its completion within the time specified, or anY extensions thero~,
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or fails to obtain completion of said work within such time, or if
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the Subdi vi der shoul d be adjudged a bankrupt, or Subdivi del'
should make a general assiCln llent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subdi"iC:er' 5 insolvency, 0" if Subr.i"icer, or any of Subdivider's
contractors, subcontractors, agents or emp 1 ovees, s houl d vi 0 1 ate
any of the provisions of.this agreement, City Engineer or City
Council may serve v/ritten notice uron Subdivider and Subdivicer's
'surety of breach of this agreement, or of any pcrtion thereof,
and defaul t of Subdividet'.
Breach of Agreement; P!!rfonnance I)" Suretv or City
In the event of any such notice, Subdivider's surety shall have
the duty to take over anci complete "he work and the improve",ent
herein specified; provided, however, that if the surety, within
five days after the serving upon if of such notice of breach,
does not give City written notice of its intention to take over
the perfonnance of the contract, and does not commence perfoml~nce
thereof within five days after notice to City of such election,
City may take over the work and prosecute the same to completion,
by contract or by any other method City m~v deem advisable, fer
the account and a.t the expense of Subdivider, and Subdivider's
surety shall be liable to Citv for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, apoliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
Notices
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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~>;f.]t:(A~lji}s_t.r~~~';. }'tlim1i:Jl:, 3~.Q 'Nort.!i :.~Op:' It~e~t, San Bernardino,
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addressed as
.~-
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Jl
-
-
o
o
o
Secretarv or ~ssistant Secretarv, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all nartners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all oersons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivider.
- 12 -
-
-
II
-
THIS IS TO CERTFYTHAT POIJCID OF_ONCE LISTED_HAVE BEEN I88UEOTOTHE IN8UIED __ FDA THE-..cv _INDICATED.
NOTWITHSTANOINO ANY IlEQU_ENT, TERII OR CONIIlTION OF ANY CONTRACT OR OTHER DOCUMENT WITH -.cT TO WHICtl THIS CEIlTFICATE MAY
BE ISSUED OR IIAY PERTAIN, THE INSURANCE AFFOIIIlEO IIY THE POUClES OESCRIBED HEREIN IS SUBJECT TO All THE _, EXClUSIONS, ANO CONIlIo
TIONS OF elICIt POUCIES.
TYPE OF INSURANCE
POLICY NUMBER
POliCY EFFECTM
CArr (MM.OOIVYJ
POlICY EXPIAATJOri
CArr (MIWM'Yl
LIABILITY LIMITS IN THOUSANDS
AGGREGATE
GENERAL LIABILITY
COMPREHENSIVE FORM
PRfMISESIOPERAllONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARll
PROIJUCTSItOMPLETED OPERATIONS
CONTllACTUAL
rNDEPfNDENT CONTRACTORS
BROAO FORM PAOPE!lTY DAMAGE
PfRSONAL INJURY
::ffi'~~ $ $
='r"$ $
86 SM 748944 FCS
02-20-83
02-20-86
81& PO
COMerNED $ 1,000, $1,000,
AUTOMOIlILE UABIUTY
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON-OWNED AUTOS
GARAGE lIABILITY
86 PJ
PERSONAL INJURY $
02-20-85
....'
"'OY $
"'"""'"
....,
""'" $
"'"lIllllItTJ
~::JT" $
81 & PO
COMBiNED $ 1,000,
~=ED $
B
WOItKEIIS' COMPENSATION
AND
EMPLOYERS' LIABILITY
CB 856-2414
01-01-84
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESlSPECIAL ITeMS
RE:
CALIF.
.w
.
./
'0 .-6'
/
/ _=_ m"""".
THE CITY, CITY' S ENGINEER. OFFICIALS. DIRECTORS, OFFICERS. AGENTS AND
EMPLOYEES ARE NAMED AS ADDITIONAL INSURED BUT ONLY WHILE ACTING IN
THEIR CAPACITY AS SUCH AND ONLY AS RESPECT ANY ONE DIRECTLY OR INDIRECTLY
EMPLOYED BY ANY OF THEM.
o
o
o
EXCESS UAIIIUTY
A x IMHl1A FlIIlM
llIItER TlWIIJIoBlEUA FlIIlM
SU39891
",PO $ ....
2/2D/84 /20/85 OOI'lIlED 10,000 ...D,ODD
STA1UlCAV
~' comWINSATION
AMI
~' UAIIIUTY
(fIOt ACCIlEN1J
(IlISfASE.fOUCV LMl)
(IlISEASE-EACH EMPlll'/H)
OTHER
DESCRIPTlON OF OPERAl1ONSII.OCAllONSIVEHlClJ!SISPECIAL ITEMS
ADOITIDNAL INSURED: RE: Tract 1118, San Bernardino, California. The City,
Dfficials, Directors, Officers, Agents and Employees are named as Additional
onl while actin in th r
. . .
City of San Bernardino
30DNorth D Street
San Bernardino. Ca. 92418
III
p/lUCER
THIS CERT1FICATE IS _ AS A IIAT1EII OF INFOIIIIATIllN llNLY AND CONFERS
NO RIGHTS UPON THE \&ft. ~TE HOLDER. TJa '-Crt ......ATE DOES NOT AIII!ND,
EXTEND OR ALTER THE CO\IEIlAGE _ .,. THE POUCIES IIELOW.
McElvany Insurance, Inc.
822 N, Euclid Avenue . P.O. Box 546
Ontario, Call1omla 91761
(714) 983-2623
COMPANIES AFFORDING COVERAGE
COMPANY A
~ American States Insurance Compan
~NY.
~ANY C
~ANY D
INSURED
First Trust Bank and Western
Desert Corp.
P.O. Box 367D
Ontario, Ca. 91761
THIS IS TOClllTl'YTllAT POUCIES OF___IlIILOWHAVE _ _TO THE __ _ __THEPOLICY __vm.
NOTWITHST_ AMY 1IEQlf- IT, ~ OR CONDITION OF AMY CONTRACT OR OTHeR ~_ WITH RRPICT TO WHICH THIS o.cn.""""TE IIAY
BEIlSUEDOR MAyPeJlTAIN. TIt! -.uR~APFORDeD8YTHE POLICIES DEIC- V'....... IS IU8JECTTO ALL THlTERMI, exa'llSlON8, ANDCOtI)I.
TIOHS OF 8UCH POUCIES.
POUCY EIRCINE POUCY ~11lllt
..,. (MIMlIlIYY) ..,. (MIMlIlIYY)
IlODIL y $ $
INJURY
~IY$ $
~$ $
PERSONAL INJURY $
ID.' $
"""
""-
...,
l\l."'1lIDIII) $
=rv$
~$
2/20/84 /20/85
STATUTORY
(EACH .II:CIlENT)
(llISEASE.POUCY LMl)
(1lISEASE 00f EMPlOYEE)
:0
TYPE OF INSURANCE
POUCY NUMBER
ClENEIW. LIAIIIUTY
COMPREHENSIVE FORM
PREMISES/llPERA11llNS
UNIlERGRlIUIIl
EXPLIl5lON & aJL1APSf HAZNIl
PROllUCTSICIlMP llPERA11llNS
CllNTIl.ICIUAl.
_ CONIRAC11lIlS
IIIIlAD FORM PROPERTY _
PERSllNAL INJURY
AUTOMOBILE LIA8IJTY
N/V AUlll
AU. OWNED AUTOS (PIlIV. PASS.)
AU. OWNED AUTOS (WJllp~)
HIPBl AUTOS
NOIWJ'/NED AUTOS
GARAGE LIAIIILIlY
EXCESS UA8IUTY
\ x UMBRELLA FOAM
OlliElllltAN IJMIIIlEtLA FORM
SU39891
WORKERS' COMPeNSATION
AND
EllPLOYERB' LIA8IJTY
OTHeR
JESCRIPTION OF OPERATIONSIl.OCATIONS/VEHICLES/IAL ITEMS
ADDITIONAL INSURED: RE: Tract 1118, San Bernardino, California.
Officials, Directors, Officers. Agents and Employees are named
onl while actin in th ir
. . .
City of San Bernardino
30D North D Street
San Bernardino. Ca. 92418
~
lL
~
CITC)OF SAN BERNARDIQ) - REQlO~T FOR COUNCIL JOr-ON
From:
ROGER G. HARDGRAVE, Director
Public Works/Enqineering
December 13, 1984
Subject:
Authori~e Execution of AQreement for
Tract No. 11118 Located 600 Feet North-
west of the Intersection of Little
League Drive and Meyers Road.
Dept:
Date:
Synopsis of Previous Council action:
May 5. 1982 -- The fi na 1 map was approved by the Mayor and Common Council
Recommen<:led motion:
Adopt Resolution
cc: John Matzer
~gt?l~~
Signature
Contact person:
Youn H. Kim
Phone: 383-5027
Supporting data attached: Staff Report & Resolution
Ward:
5
FUNDING REQUIREMENTS:
Amount: N/A
Source:
Finance:
Council Notes:
75.0~o:!
Agenda Item No.
~ ~3
.
IU
1.
-
CIlC) OF SAN BERNARDIOo - REQQ--T FOR COUNCIL ~~ON
STAFF REPORT
Tract 11118 is a 34 lot, single family, residential subdivision.. The required
bonds and certificates of insurance have been filed with the Public Works
Department. The prescribed fees have been paid.
On May 5, 1982, the Council approved the final map for recordation and authorized
the Mayor to execute the standard form of agreement with the developer, for the
public improvements with the subdivision.
Due to change in ownership of the recorded subdivision, new improvement securit-
ies are needed and an agreement must be executed with the new owner to guarantee
the installation of public improvements.
It is recommended that the Council authorize the Mayor to execute a new standard
form of agreement with Western Desert Corporation for the improvements in sub-
division Tract No. 11118.
1S."~o4
-
-
-
J
~
tl.
.
'Q
CITY U~
o
SAN BERNARDINO
o
PLANNING
o
ClJ1'iMISSION
SAN BERNARDINO, CALIFORNIA
PETITION FOR CHANGE OF ZONE
NO.~
Filing Fee: $185.00
TO THE PLANNING COMMISSION AND THE COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO:
I, (We), the undersigned, do hereby respectfully make application and
petition the City Council to amend the Land Use Zoning Ordinance No.
1991 and to change the Zoning Map of the City of San Bernardino as
hereinafter requested and in support of this application, the
following facts are shown:
Petition of:
o J.egal Owner Francis and Margaret K. Von Ison
Address 700 ~ T.::lIlrA lluA npt- , '1."
Pasadena. CA 91106
G Bona Fide Agent Mr. Lou Berkowitz
Los Angeles, CA 90024
Phone. No.
Address 10889 Wilshire Blvd.. #1434
Phone. No. (213) 479-7755
NAME OF LEGAL OWNER (S) MUST BE SHOWN ON THIS APPLICATION.
LEGAL DESCRIPTION OF PROPERTY: That portion of Lot 'Il' , Resubdivision of
Meyer and Barclay Tract, as per plat recorded in Book 12 of Maps, Page 18, Records
of San Bernardino County. Assessor's Parcel No. 348-111-21
GENERAL DESCRIPTION OF PROPERTY: The property measures 39.20 acres and
has a gentle slope. Access is through Meyers Road.
PRESENT ZONE CLASS IFICATION R-1-2 1/2 Acres
REQUESTED ZONE CLASSIFICATION R-l-l Acre
REASON FOR REQUESTED ZONE CLASSIFICATION
Existinq market indicates a demand
for one-acre parcels in this area.
-I am the petitioner in the above entitled action and .1 am- the legal owner
or bona fide agent of the legal owner; and I have read the foregoing
petition, and know the contents thereof; and I certify that the same is
true of my own knowledge. I declare under penalty of perjury that the
foregoing is true and correct.
Executed on July 2, 1979
(Date)
at San Bernardino , California.
(Place)
.-/~;
c:> (Petit~oner s S1g~a~)
4.
e 'i:)
-
-
.&!
o
D
PLANNING COMMISSION ACTION
CUlNGE: OF ZONE NO. lU3
DATED this
day of
~
HBmlIlBR
TO THE HONORABLE MAYOR AND COMMON COUNCIL:
J!,.
, 19
'7'3
day of
The petition in the above application came for hearing on the
iUl
, 19 111
MI"lt--..a."
After consideration of
said petition, it is hereby recommended that said petition be
Ml"MWIB
-
~
o
and that said property be changed from Zone #
R 1 I _d 1/2 aa.
to Zone # u..' ,... ..._
City Planning Commission
By: ~A. &A _ fhrlM
Secretary . .
DATE REFERRED TO PLANNING COMMISSION
7-A~
DATE POSTED
].(\rna
DATE OF HEARING
" tr./711
COMMISSION ACTION
COUNC I L ACTI ON
JP~~
~... l'.'~Onv
- J. lIL J1 ~ .h
. ',0 0 0 ., 0
APPLICATION FOR TENTATIVE TRACT MAP
CITY OF SAN BERNARDINO PLANNING COMMISSIDN
SAN BERNARDINO, CALIFORNIA
PETITION FOR TENTATIVE SUBDIVISION NO. 11118
TO THE PLANNING COMMISSIDN AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFDRNIA:
I, (We). the undersigned, do hereby respectfully make application for a hearing on
the above described Tentative Subdivision, and in support of this application, the
fOllowing facts are shown:
Legal Owner: Fr;l:lnr.; Q ::'l"\n M"""g.=al"jO,~ J( "iT",., Tan"
Address:
7nn ~ T..:::fI'Ic,o nul='
IIpt- Jiln
1~~ P.=aQ.=anlO.n.=a ~n
. .
Q'1n,:;
AppHcant Is: Lou Berkowitz
Address:10889 Wilshire Blvd.. Suite 1434
Engineer: Joseph E. Bonadiman & Associates
Phone: (2131 479-7755
City: Los Anae1es. CA 90024
Phone: (7141 885-3806
Address: P.O. Box 5852
City: San Bernardino. CA 92412
GENERAL LOCATION DF TENTATIVE SUBDIVISION: Northwest in the vicini tv of
Little League Drive and Mevers Road
Thirty-five copies of the tentative subdivision map shall be filed with this appli-
cation. The form and contents of said map shall conform to the provisions of
Section 5.30 of Ordinance No. 3B47. Two copies of this application shall be filed
at the Planning Department in conjunction with the Preliminary Environmental Descrip-
tion.
I, (We), are the legal owner(s) in the above entitled action and I have read the
foregoing appli cation, and know the contents thereof; and I, (We). certify that the
same is true of my own knowledge. I, (We), declare under penalty of perjury that
the foregoing is true and correct.
.i.-4<-<!~ J~'J~'-/
(Legal Owner's Signature)
Francis and Margaret K. Van Ison
COMMISSION ACTION
Date of Filing:
to" rJq
Date of Hearing:
11I€/!JIJ
Action By Planning Commission:
:a. D1:IW"ImI\I.
Conditions of Recommendation:
~- ,........
Transmi tta 1 to Coun ci 1 :
~....
, , hn ria
. .
( Date)
CITY PLANNING COMMISSION
By: ~6' t" ~)~j!;r
( ecre ary ./
o
o
o 0
File No. TR No. 11118
- REQUEST FOR COUNCIL ACTION
CITY OF SAN .I:RNARDINO
From: ROGER G. HARDGRAVE
Subject:
Encroachment of Fence into
Easement for Bridle Path --
Meyers Court in Tract No. 11118
Dept: Publ ic Works/Engineering
Date: 8-08-88
oi1
~
Synopsis of Previous Council action:
11-19-79 Planning Commission's recommendation for denial of
Tentative Tract 11118. Zone Change 1123 denied.
05-05-82 Final Map for Tract No. 11118 approved.
Recommended motion:
#1 -- That a finding be made that the encroachment of private facilities
within the street easements in Tract No. I111B are violations of
City Codes and standards, and that the Director of Public Works/
City Engineer be directed to notify property owners to remove said
encroachments, OR
#2 -- That the encroachment of private facilities within the street
easements in Tract No. 11118 be allowed to remain, subject to
entering into a License Agreement with the City, includin the
payment of any prescribed administr fees.
cc: Jim Robbins
Jim Richardson
Jim Penman
Michael Loehr
Supporting data attached:
Gene R. Klatt
Staff Report, Map,
Nil"nn'~ lpttpr
Phone:
5125
5
Contact person:
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
(Acct. Descriotion)
Finance:
Council Notes:
75.0262
Agenda Item NO.J 3,
CI'i'C>OF SAN BERNARDIA - REQICsT FOR COUNCIL AQ-ION
STAFF REPORT
Page 1 of 2
Mr. Bill Nilsson, a resident of Meyers Court, has re-
quested Council consideration of the encroachment of fences into
public right-of-way along Meyers Road and Meyers Court in the
Verdemont area.
These streets are in Tract 11118, recorded in May of
1982. As a part of the original conditions of approval for this
tract, sidewalks were specifically waived within the development
to provide a more rural feeling to the area and due to the grades
on the streets and the feeling that young children could not
control tricycles or other such toys on the steep grades.
Easements were reserved on the final map for bridle path,
utility and drainage, generally along the rear and side lot lines.
The City has no responsibility for the operation, maintenance or
access control on these paths.
Along Meyers Road there is a twelve foot (12') parkway,
which is the area between the curb and the property line. This
area is used for the installation of utilities, signs, and could
be used for the construction of sidewalk if such were ever to be
installed in this area. Along Meyers Court, the parkway area is
seven feet (7') behind the curb,
Several property owners have now constructed fences with-
in the parkway area and provided landscape and irrigation to this
area. A rough estimate of the number of properties was made by
the attorney's office. It appears that at least twelve property
owners have undertaken such construction. Essentially, all
property owners have landscaped and are maintaining the parkway
area.
Mr. Nilsson has discussed the problem with staff on several
occasions. From his description, his neighbor, Mr. Palmer, con-
structed a fence and gate across the bridle path, According to
Mr. Palmer, this was done to control the dirt bikes that were
using the path. Mr. Nilsson feels that the gates and the construc-
tion of the fence on the easement infringe on his access and use
of the area. Additionally, Mr. Nilsson is concerned that the fence
is constructed beyond the property line and within City street
right-of-way; specifically, the parkway. He is concerned with the
possibility of sight obstructions and resulting hazards by allowing
these encroachments to remain.
Staff has reviewed the area and found that the fences are
the split rail type, or block pilasters and wrought iron and do not
pose a serious obstruction to visibility. The Traffic Engineering
section has reviewed the location at Meyers Road and Meyers Court
and do not consider it a traffic hazard in its present configura-
tion. Both streets are residential with a prima facie speed limit
of 25 m.p.h. and Meyers Court is a "T" intersection that requires
a stop before entering Meyers Road.
8-08-88
75.0264
II _
CITOOF SAN BERNARDIIO - REQUJsT FOR COUNCIL ~ION
STAFF REPORT
Page 2 of 2
The installation of fences with unlocked gates would not
seem to violate the intent of the bridle easements, since a rider
on horseback could gain access by opening the gates. However, the
gates would preclude the unlimited use by dirt bikers, whose use
is not allowed by the terms of the easement.
There are at least two options that could be considered.
These options are:
Option 1 -- Declare all encroachments to be in violation
of City codes and order the removal of all
construction within the public rights of way.
Option 2 -- Direct the City Attorney to prepare license
agreements to authorize the encroachments
within City street right-of-way.
License agreements to authorize encroachment of private
facilities have been granted in some cases. Examples would be
the encroachment of store faces into the City owned portions of
Central City Mall, and for the construction of fences and walls
within public parkway areas.
The consequences of ordering the removal of all encroach-
ments should be considered. It appears from Mr. Nilsson's letter
that access is his main concern. Ordering the removal of the
fence from public right-of-way would not address the access problem.
The gates would merely move back an additional 5 feet to the property
line and be reinstalled by Mr. Palmer.
Ordering removal of all encroachments would generate ex-
tensive protests.
We recommend that the encroachments be allowed to remain,
subject to entering into a License Agreem~nt with the City. An
administrative fee is normally charged for License Agreements to
cover processing costs.
8-08-88
75-0264
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8-08-88
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lAw Offices of
Andrew J. Gunn flt.CC:' ,=-,-
J6J 'WutS~tA
-" ."_1. -", .1,0. :13
SIJII 'Bcmanli1lo, ~ 92401 >j - f..J
PMM (714) 885.J251
Julv 27, 1988
San Bernardino City Council
300 North "D" Street
San Bernardino, CA
Re: My client: Bill Nilsson
Dear City Council:
Enclosed please find a statement from my client, Bill Nilsson.
regarding a problem he is having at his residence.
Please look into this problem and advise me as to any further
information that may be needed from me.
VerYj truly yours,
~
An~ew J. Gunn
AJG/mg
8-08-88
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The big problem all started when the person livin~ on the
corner, Mr. Palmer, put up a fence on Meyers Court approximately
2 1/2 feet from the curb, runnin~ from the easement line across
the easement with two gates, closed, and no access to or through
the easement from the road or from my own prooerty, I said to
Mr. Palmer, "Hhat you did here is Dot according to plan and you
are violating CC and R's and the City plans and its rules
according to the way it should be. o~ He said, "I can do anythin~
I want" and that this was his property. I said, "But Lee, you
should conform to the plans to keep up the best points of this
home tract, after all that is what keeps the value up." And
again he said, "I'm not going to change nothipg, If you don't
like it sue me." I said, "I'll have to call. the City to have
you cooperate properly." He said, "Go ahead. They're not.
going to do nothing at all, I know what I can do, so leave me
alone."
So, two weeks went by and I had two City.'officers ifrom the
Engineering Dept. come out, one of them was a City official.
He came over and talked to Mr. Palmer about the fence and gates
blocking the bridal trail easement on City property and all I
was told by the official was "That by going through the easement
and having to open the gates was a hassle but it wasn't my resoon-
sibility to close or secure them" and that the "law was as far
as I want to take it". Now I could get no help from anybody
on the gates and fence.
On November 13, 1987 I was using the easement (by jumoin~
the curb) to do some work on the other half of my property, I
was in and out, so locking and securing the ~ates was to the
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point of ridiculous. (Please mind these gates are on City
property, 2 1/2 feet from the curb,)
Then suddenly, Mr, Palmer came out and said in a very
rude manner that I could not go through here anymore and it
was my problem that this is the way the situation is. He
reached to his back, with this look, and motion as if a weapon
of sort was to be used to solve the problem, he pulled out a
hammer and nailed the gates closed, (I was ready to dodge
for cover, really)
So now I was faced with a non-carin?, person who thinks
he can get away with whatever he wants to do, not with what
is right according to the CCR's & City plans, but only what
is right for him, and believe me, this fence is 2 1/2 feet
from the curb and myself, my wife and family, and nei~hbors
are faced, 24 hours a day, with a hazard, having to go into
the street to use the easement, but now can't. If Lee Palmer
gets animals or if he sells his house to people with animals,
then the animals would be sticking their heads over the fence
and through the fence into the street, and kids on bikes,
people walking on the street, etc., would be in dan~er. Then
there is the traffic. There is no need for this hazard, it
is there now and its not supposed to be, so eliminate the
problem. (There are only two homes, that if the owners had
animals, the animals would stick out into the street. These
owners are Lee Palmer and the peo~le in front of him. The
rest of the residents have their fences back where they should
be so that animals could not stick out into the street.) There
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are people here who do have common sense, and that is all I'm
really asking for from the Council, is for you to take the bull
by the horns and do it right, that's all it takes,
A few days after Lee Palmer locked the gates, I made con-
tact with a lawyer, and arranged to have Lee Palmer served to
appear in court.
So now this problem that the City didn't want to handle
has cost me $1,800.00, the "law is as far as you want to take
it" . Believe me, this really hurt me, personally and :.financially,
So a while went by and a court date set in late January,
then a continuance and the typical game play, then finally the
judge said you cannot close the gates, that is an access ease-
ment, bridal trail and it cannot be blocked. (And mind please,
that this is on City property~)
So now he still has his fence on City prooerty, I am blocked
out from the easement-bridal trail, from my property, because the
back fence runs along the bridal trail; starting 2 1/2 feet from
the curb down the side property line, and in turn, blocking me
out from the back of my property.
All this is deliberate on his part and he has within himself
deliberated, aggrevated attitudes that a "normal" person would
never do, this way.
My neighbors don't know what to say, they feel sorry for
me, they also have complained but to no avail, This man has
alienated this neighborhood and its not the nice neighborhood
we all really wanted it to be, believe me, just ask his neighbors
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on his left or across the street, or in the cul-de-sac.
This guy is not fair. Oh yes, and the building foreman
for the tract even said that I would have problems with him,
he was right, this is really said, and its all deliberate
actions, somehow him knowing or knowing someone in City Hall
that he would be allowed to do what he wants, there is some-
thing wrong somewhere.
He is betting totally on the City not doing anything
about anything, because he knows something or somebody, be-
cause he said so, "I can do anything I want,"
Also, my neighbors have called the Engineering Dept., the
Code Enforcement, the City Attorney and I called Councilman
Minor.
The other problem is, the fence in front, on Meyers Rd.
Lee Palmer put the fence so close to the curb, that when pul-
ling out of Meyers Court to Meyers Road, you cannot see the
oncoming traffic, you have to pull the nose of the car way out,
and by the time you do, and when you catch your concentration
when to go or not, after a visual view for traffic, it would
be too late, there would be an accident. The fence should be
back 12 feet as stated in City plans, for crying out loud,
this guy is not right, I feel he's doing this to see what he
can get away with, not caring about anyone's safety. There
are 10 children living on the cul-de-sac and they are at risk.
Then coming up Meyers Road to turn right into Meyers Court
there is a blind area because the fence is on the curb, I have
qad plenty of close calls with the children and people walking
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in the street because they can't walk on the curb because
the fence is right there. Please help this neighborhood
from this type of action. We love our neighborhood, believe
me. Help us, City Council, please we need your helo, because
believe me, these people are not haopy here, because there is
no enforcement.
Also, Lee Palmer let two or three City trees die, and
told me he was having it out with the City for them to replace
them. Its been this way for over a year, no trees, it looks
empty like a big hole on the side because everyone else did
not let their trees die. And he has no intentions of buying
any trees either. He let the trees die because he was too
lazy to water them, everybody else got a hose, walked it over
and watered them.
Let's make "Ridge Creek Ranch Estates" stand as a safe,
beautiful, friendly place to live and out smiles on peoples
faces around here. We just want it right. Please, City
Council, help us,
Thank you very much,
S~)4
Bill Nilson
Caring resident of Ridge Creek Estates
of Lot 24