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Home My WebLink About1985/07/31 - Agenda Packet - Adjc ~„~'A ~ R:A.~C~~O (.LGA~N7(J(,.A ti ~ ~ ~11 1 I.AJIJrrrl.lL '` y ,,~ ,Z AGE\I~°1 '~ ~91r Lions Park Community Center 9161 ease Line Road Rancho Cucamonga, California July 31. 1985 - 7:30 o.m. ell iteaa sab~itted for the City Council Agenda snot be in writing. The dead- line for eoh~i King these items i• 5:00 p.~, w toe Wednesday prior to the meeting. She City Clerk'• Office receives all mch itas. 1, CALL SO ORDEk A. Pledge of Allegiance io P1 ag. A. Roll Call: Wright _, Buquei `, Mikets _,, Dahl _ , and Ring _. C, Appt oval of Minuiea: June 5, 1985 June 13, 1985 lone 19, 1985 2. ARIIOOIIC~gt9/YieSENTASION9 A, Thursday, July 18, 1985 - 7:30 p.m. -PARR DEVELOPMENT COMMISSION, Lfo¢e Patk Community Center. B. Wednesday, July 24, 1988 - 7:00 p.m. - PL AWN ING CONMIS- SION, Lions Park Community Center. C, HISTORIC PA ESEAVAT ION CO:'Y.ISS LON will not be meeting during July and Angust, D. Th uraday, July 25, 1985 - 7:30 p.m. - ADVISORY COMMIB- SLON, Lions Park Community Centet, 9161 Baee Line Road, E. Presentation of Pr ocl amatione commending Dennis S or en eon and Lonnie Lew ie for their unselfish and heroic aaeiatan to to Rancho Cucamonga tar enE of cement. City Council Agenda ^2- July J//, 1985 3/ 3. C0119ffili CALRIIDAI 'The follariag Conrea[ Gleadar iteu are eryected to be routine and son-eantroreteial. They rill be acted upon 67 [he Council et one time rithou[ die cuseion. A. Approval of Warrants, Register No's. 85-07-17 and Pay- roll ending 7/7/85 fot the total amount of 5881 ,466 .fi 1. e. Forvard Claim (CL 85-017) to Cerl Warren Company for fi handling by Darin Bl omqui s[ for accident ov Viveyard Avenue, 344 feet east of Arroyo Vista Drive. C. Forvard Claim (CL86-O18) to Carl Warrev Company for 8 handling by Paul Edrezd Teal for damage Co personal props rcy from falling tree at 6961 Opel Street• D. Approval of Resolution fixing the Tax Rate for the Day Czeek Community Facilities Di strict in the 1985-86 fis- cal year at $350 per acre. RESOLUTION N0. 88-218 10 A RES OLL'TION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING ANNUAL BPE CI AL TAR FOR A COMMUNITY FACILITIES • DISTRICT E. Release of Bonds: I3 D.R. 83-20 located at 10355 8th Street by Ez<ellon Au[omaci on. Cash Deposit (street impr oveme n[) 522,500 RES0I. UTION N0. 85-219 I6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PDBLIC INPROVEMENTS FOR D.R. 8J-20 ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLE- TION FOR THE WORR D,R. 87-13 Peppe rvood Apartments located at 9055 Foot- hill Blvd. by BLT Partnership, Inc. S Whi tcenberg Cour [. Faithful Performance (storm dr sin) $135,000 Faithful Performance (street) S 79,000 E~ Ci [y Council Agenda -3- July ,j~, :985 31 • RESOLOT IDN N0. 85-220 i8 A RESOLUTION OF THE CITY COUNCIL OP TBE CITY OF RANCHO CUCAMONGA, CLAIFORN IA, AC CEPTINC THE PUBLIC IMPROVEMENTS FOR D.R. 83-13 AND AL'THORi2INC T'HE FILING OF A NOTICE OF COMPLE- TION FOR THE WORK P.M. 7797 located couch side of 8th S[r set, east of Pittsburgh by R.C. AB eaciates II Faithful Performance 5287,300 Accept: Maintenance Hood S 28,730 RESOLUTION N0. 85-221 !9 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONC, CAL IFORN SA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 7797 AND AUTHORIZ INC THE FILING OF A NOTICE OP COMPLE- TION FOR THE WORK • F. Approval of bonds, agreement, and final map for Tract ''1 No, 12719, 12319-1 ehrough 12319-8 located on [he northwest corner of Terra Vista Parkway and Spruce Ave- nue submitted by Lew ie Hucee. RESOLUTION N0. 85-222 J~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OP TRACT N0. 12319, 12719-1 TH ROUGR 12J19-8 G. Approval of bonds, agreement, end final map for Tract 32 No. 12672 located on the southwest corner of Terra V iete Parkway and Spruce Avenue submitted by Lewis Homes. RESOLUTION N0. 85-223 ~- A RESOLUTION OF THE CITY COUNCIL OP TAE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 12672 City Council Ageoda -4- July ,~/', i995 3/ • H. Approval of bonds, agreement, and final map for Tract L7 No. 12670, 12670-1, 12670-2, 12670-3, and 12670-4 lo- cated on [he south aide of Baee Line, east of Spruce Avenue subm i[ted by Levis Home a. REBOL L'TION N0, 85-224 >7 A RESOLUTION OF THE CITY COUNCIL OF THE CI IY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECORITY, AND PINAL HAP OF TRACT NOB. 12670, 12670-1, 12670-2, 12670-3, 12670-4 I. Approval of plane, specif ica[i one, and estimates and 5» authorize staff to adverb ae for bide on [he Carnelian Street Beaut if ica[ion Pr of etc from Baee Line Roed [o Banyan Street. Hide to be opened Auguac 14, 1985. RESOLUTION N0. 85-225 SS A RESOLUTION OF TAE CITY COUNCIL OF TAE CITY OF RANCHO CllCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CARNELIAN STREET BEA(ITIPI CAT ION PROJECT, BASE LINE ROAD TO BANYAN STREET, IN SAID CITY, AND AUTHORIZING AND DIRECTING IAE CITY CLERR TO • ADVERTISE AND RECEIVE 0ID5 J. Approval to grant utility easement at Beryl Park to ,9 Southern California Edison Company. Purpose of the easement is to enable Edison co provide greater electrical capacity a[ [he park. K. Approval of Pr oEes eional Services Contract (COBS-69) F? rich Donald Fr ischer and Ae sot ia[es Co conduct a trak- fic study [o de ce rm ins the neces eery design of a traf- fic interchange at the Route 30 Freevay and Haven Ave- nue. The coat of the study rill no[ exceed 59,000 to be funded from the 1985-86 Gee Tex/System Development budget. L. Approval of lee se ogreem enta (COBS-70) for 1985-86 vi[h 76 A.H, Reiter Deve lopmenc Compeoy for City office e. Item vas approved through the 1985-86 Budge[, M, Approval of Amendment to Omnitr one' Joint Por ere Au- Ai th or icy Agreement (COBS-Ill , vh ich deaigna tee Omnitrana C enerai Hanager to serve es Tr sae urer and Omnitrans of Accounci ng to ee rve ae Comtroller. E~ City Council Agenda -5- July ~~ 1985 37 • N. Appr wal of Amendment co the Omni Crane' Joint Povere 92 Authority Agreement (COBS-72) vhich changes Seccion 10.C., Employee Senori[y Righ te, 0. Approval of Intent [o Annex Tract Nos. 12532, 12077, 9fi and 12077-2 to Street Lighting Maintenance District No. 1 as Anne xaticn 40. 12 and to Street Lighting Main[e- naace District No. 2 as Annexation No. 10; and set puo- lic hearing for August 21, 1985. RESOLUTION N0. 85-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, OP PRELIMI- NARY APPROVAL OP CITY ENGINEER'S REPORT FOR ANNERATION N0. 12 TO STRBET LIGATING MAINTE- NANCE DISTRICT NO. 1 RESOLUTION N0. 85-227 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OP RANCHO CIICAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER TAE ANNERATION TO STREET LIGATING MAINTENANCE DISTRICT N0. 1, AN AE SESSlA/NT DISTRICT: DESIGNATING SAID AN- • NEXATION AS ANNERATION N0. 12 TO STREET LIGATING MAINTENANCE DISTRICT N0. 1; PORSUANT TO TAE LAN DS GAPING AND LIGATING ACT OP 1972 AND OFFERING A TINE AND PLACE POR REARING OBJECTIONS THERETO RESOLUTION N0. 85-228 A RESOLUTION OF TAE CITY CODNCIL OF THE CITY OF RANCHO CUCAMONGA, OP PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNExATION N0. 30 TO STREET LIC ATINC MAIMTENAN CE DISTRICT N0. 2 ;O7 COG lL2 City Council Agenda -9- July., 1995 3/ RESOLUTION N0. ES-229 113 A RESOLUTION OP THE CITY COUNCIL OF TBE CITY OP RANCHO CDCAMONGA, CALIFORNIA, DE GL AR ING ITS INTENTION TO ORDER TAE ANNERATION TO STREET LIGRT ING MAINTENANCE DISTRICT N0. 2; AN ASSESSMENT DISTRICT: DESIGNATING SAID AN- NERATION AS ANNERATION N0. 10 TO STREET L LGNTING MAINTENANCE DISTRICT N0. 2; PURSUANT TO THE LAN DS GAPING AND LIGflSING ACT OP 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO P. Approval of Intent eo Annex Tzact Noe. 12532, 12071, lib and 12077-2 to Landscape Maintenance Di strict No. 1 as Annexation No. 25 and setting the date of public hear- ing for August 21, 1985. RESOLUTION N0. 85-230 ~-~ A RESOLUTION OF THE CITY CODNCIL OF TflE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OP PRELIMI- NARY APPROVAL OP CITY ENGINEER'S RF.: ORS POR ANNEI(ATION N0. 25 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 • RESOLUTION N0. 85-231 '. "_' A RESOLUTION OP TIIE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER 1EE ANNERATION TO LANDSCAPE NA IN TENANCE OISTR ICT N0. 1, AN AS- SESSMENT DISTRICT: DESIGNATING SAID ANNE%A- TION AS ANNERATION N0. 25 TO LANDSCAPE MAIN- TENANCE DISTRICT NO. 1; PURSUANT TO THE LAND- SCAPING AND LIGRT LNG ACT OF 1972 AND OFFERING A TIME AND PLACE FOR REARING OBJECTIONS THERETO Q. Se[ publ is hearing for August 7, 1985 - Appe ei of Plan- ning Commiesi on Cooditi one of approval For Enviro~men- tal An easement and Conditioml Use Perm tt 85-OB - Vernaci. Appeal by applicant of the Planning Commre- eion'e conditions of approval for a proposal to Iota to a single trailer for a caretaker"e facility in a vhole- eale nursery Icca tad in the Edison right-af-way on the north aide of Bees Liae, east of Roch eater - APN 227-091-41. ~~ ~~1~ ~,~i~. ~, City Council Agenda -7- Juiy ~, 19E5 4. ADVEBTISHD POHLIC BBARINGS A. ENVIRONMENTAL ASSESSMENT FOR CUCAMONGA CAEER TRAIL AND 175 PARR PROJECT RECREATION FACILITY. Item was adv er[i sed for public hearing for July 17, 1985. Hovever, request chat item be continued to August 7, 1985. 5. NON-ADVHRIISBD HBARINGS A. ORDINANCE REGULATING AMBULANCE SERVICES WITFI 7NE CITY ._7 OP RANCHO CUCAMONGA. Considezati on of an ordinance ea- tabliahing minrmum standards for the operation of ambu- lance services within the City. ORDINANCE NO. 269 (first readi og) 1'9 AN ORDINANCE OP TAE CITY CODNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TAE RANCHO CU CAHONGA MUNICI FAL CODE PERTAIN INC TO THE REGULATION OF AMBULANCES. 6. GIST MAtAGHI'S STAPP YEEOITS A. CONSIDERATION TU REFINANCE AS SESSHENT DISTRICT 82-1 IN- l6l DUSTRIAL IMPROVEMENT BONDS • B. INPORMATION REGARDING RECONSIDERATION OF COUNTY AGREE- i5'3 NENTS FOR MULTI-FAMILY BOND PINANCING PROGRAM RESOLUTION N0. 85-232 l65 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF RAN CNO CU CAMONGA, CALIFORNIA, RESCINDING RESOLUTION N0. 85-183 WRI CN APPROVED A 000P- ERATIVE AGREEMENT VITA THE COUNTY OF SAN BERNARDINO FOR MULTI-FAMILY RENTAL HOUSING NO RIG AGE FINANCING C, UPDATE ON VECTOR CONTROL PROGRAM 7. COUNCIL HDSINHSS Ihfi A, FILLING OP UNERPIREO TERM ON TAE ADVISORY COMN ISSION lh7 B. SET SPECIAL MEETING TO ADOPT RESOLUTION FOR SALE OF 80NDS FOA MELLO 8005. Suggs et Wednesday, JRiy 31, 1985 at 6:00 p.m. 8. 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Z N H Z 1 ~p •Y YYY 02'O ~w .".F ; 64 GYZ21Zw oN4y $ J O J V .~ L .l 2 L 2 Z J ~.) ..~ Y '~ r 'W .L w IJ '-~ Y ;~ Z Z .~ i .~ i. ~1-~.- Z L~ U Ir-_1 Z U ~-+1-r~ Y Y-+ 3 pZOY W i ? •J 7 p )Q 4 Q pw SY Q<e Q X+ 1n in IL .Y J 2 JY(LY ~ I .. OpU'1pd ~'I-I-L W :J xH Q QwwwKQ ~+ • OJQ Q u, w I ~r ~r'n •n vl ~n .n in .n In vlr yl- I-> J V 3 3 23Z L 3G;YYr ~[ 1 w ti Y < 1 I 'I a l ®F 1 I I N H J r N Y U i U J 0 wWrrrrv PN,nm.f PwP~-1.-1f-1UmN NhPN N1[I Il1~OWt ~'~ mrvi.rnn Hm NNm1..00rH<R'.-1 .+0•JPyyH.O .ONMHm ' nti mmi•t m,(ImN."IN'VNmmJ'rN ~11Nmh N/•I IPNm H.+ '~ I _ N f,IT1' OF RAN!'NO CUCAAVGP!4A 1 CLAIM AGAINST PJ9LIC INfIT'Y • JUR 28 1985 'L AY P11 (Government Code sS 405, 905.2, 9IT1$t&rb4~1p111~13141g18 3 >} a It7 THE CITY COUNSEL CITY OF RANCHO CUCJthDNGA o DAWN EfIL.Y4QUIST hereby rtakes claim against the City of Rancho Cucamonga the sum O~of $2,500,000.00 and makes the following statements in support of the claim: i ~!! 1. Claimant's Asst office address is 2751 Castle Harbor, Gntazio, 8i',California 91761. 9',I'',! 2. Notices concerning the claun should be sent to JAMES S. DAVIS, Attorne} 10 at Law, 935C Archibald Ave suite 231, Rancho CUcannnga, California 91730. Il 3. The date and place of the occurrence giving rise to this claim aze 12 April 6, 1985 on Vinyard Ave., apprarimately 344 feet east of Arroyo Vista 13,~Drive, City of Rancho Cucanonga, County .,f San Bernardino, California. 14~~~~'~~ 4 The circunatances giving rise to this claim aze as follows: • 15~'~ At the above time and place claimant was a passenger in a vehicle on lfi the roadway, said roadway which was in a dangerous condition due to defendants li neglegent, careless, reckless and intentional design, construction, supervis ice: 14 aid maintence of said roadway, and due to the dangerous condition, the vehicle 19'~ claimant was a passenger in left the roadway, out of the drivers control, 20~~causing claLnent serious injuries. 21 ~. 5. Claimant's injuries are nunerous contusions and heretcma, a crushed 22 (nerve in his left leg and a dislocated left hip. ~ 23 6. The names of the public a:ployeea causing claimant's injuries are 21 unknown. 2D ' 7. DARN BIL)rY]UIST'S claim as of the date of this claim is $2,500,000.00 'lG! • 27,I!~ 28 9. 1fie basis of ca:putation of the above mentioned amount is as follows; 6 1 2 ~, Medical nq~,sea (estimated) 3 Insured to date: .1 Estimated future Medical expenses: ~~ Loss of wages: G !, ~, General damages: 7i 1bta1: 81 0 ~ ~ DATID: June 24, 1985 10' i 11 I2', i 13!, 1~', 15 IG'' l i' 13 10 20 i 21'~ 22!! 23' 2a 2s',' 2G1~ 271 i 2R $ 5,000.00 S 5,000.00 51,000,000.00 $1,490,000.00 $2,500,000.00 ~~ ~ ~ ~ ~~~~~ J ~,. .Davis Attorney for Claimant 7 C`ti ~5-r~s ~- ^r CLAIM P08 DIMA08 O8 IHJDBI C11Y OF~RANCHO CUCAIY(GNGA A~MINISTHHTION Claims for death, SnJury to person, or to personal property moat De filed no later • than 100 days after the occurrence (Cov. Coda, Sec. 911.2). ~~ 28 2. Claims for damages to real property must be filed ~g~~(~l~s~~~r the occurrence (Gov. Code, Sec. 911.2). ' I'D: CIII OP BANCHO CDCAMOBGI Qd u l Edwc~RD TtA,C 69Gr O1A,C t5t.-1,1T ~(a,~a 9/~~~0- ,~~/ 7~~s, Name of Claimant Address Zip hone p 69G/ GQA,I SlRt~T ~,(T ,(OM>9 - (~A y/~o/ L Address to which Claimant wishes notices sent. Y® did damage or SnJury occur?,7>eeelyh~le.~/ /9~'~ o't m6out' /~~:~pH. Y~A6 did damage or in,Jury occur? ~ ~(i AJ I 0..¢ own/ a~ rte(. ti 8Q1 and under what circumstances did a or in Jury occur? a ' ul, wtGC QOU/ 0 ' . ~~ d ,C~It{~( isev tl)(L~ Ou.[t~. o/fM~1[~. ui _ 4 .XLtlh~ Uu., ouW nla/u 4tWP.QA.•GkGa4ID G4w,QQLia..trawt YB~t particular action by the City, ar is employees, ca the 113eged damage or ~nJury? (Include names oC employees, Sf known). o >< ~ ¢w dau/N C~ A/C 'd illa?iNfdv ~ q Y u 0 u, NO't bry~?kC !d~ LIIC 8l G UA4 Ax b r nes-wt /riAn. e M M81 sum o you cla m? Include th estimated amount of any prospective os insofar as it may be known at the Lime of the presentation of this claim, together with the basis oC c potation oC t amount chime (t imates or 1 ls, t ss ible). ~,ueanxe7~A~- ~-S~•~r - ~P~A: ~ '~, 9~~ ~.U ~~ . fir. ~9 ~c+c, - (.~~7. s3 ~ Ctn.c` ~,1 , 631. doctors, and hospitals: ....Jinn n _ GG9_ .~.._-. /~...9t .>// ?'n ~u / 6S ___ Date 303(478)-flC(H) ~~ ~~~ ' Signature of Cla want ~'ackc: ~O. ~ 8 • CITY OF RANCHO CUCAMO'.QGA STAFF REPORT DATE: July 17, 1985 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer s°c~c~.~»t 9 ~. x~ r~= °! lx ~ ,Z 19i7 SUBJECT: Establishing Annual Special Tax for Day Creek Community Facilities District Attached for Council consideration and adoption is a resolution fixing the Tax Rate for the Day Creek Community Facilities District in the 1985-86 fiscal year at $350 per acre. RECOMIENDATION It is recommended that Council approve the resolution establishing a special tax for the Day Creek Community Facilities District No. 84-1. Re3gectfully subm ytted, y • RESOLUTION N0. S'S -=2is RESOLUTION OF THE LITY COUNCTL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, ESTABLISHING ANNUAL SPECIAL TAX FOR A COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCPMONGA, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy Of a special tax in a canmunity facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the "District"); and, WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and, WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of Cat ifornia, has authorized the levy of a special tax to • pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to est a6115h the specific rate of the special tax to be collected for the next fiscal year. NOW, THEREFORE, IT 1S HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the specific rate and anoint of the special tax to be collected to pay for the costs and expenses far the nett fiscal year (1985-1986) for the referenced District is hereby determined and est a6115hed as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 3. That the rate as set forth above does not exceed the anount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the Dfstrict. SECTION 4. That the proceeds of the special tax shalt be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; 8. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and publfc services. D. Repayment of advances and loans, if appropriate. /b The proceeds of the spetfal taxes shall be used as set forth above, a~ shall not be used for any other purpose. SECTION 5. fie special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sate in rases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6. All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7. The Auditor of the County is hereby directed to enter in the next County assessment roll on which Lazes will become due, oDPos ite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax, and for the exact rate and anount of said tax, reference is made to the attached Ezh ibit "A". SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the anount and/or mrounts of such special tax installments, interest, penalties aM percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. • APPROVED and ADOPTED this day of 1985. Y CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ATTEST: K CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA // • CITY OF RANCHO CUCA.MONGA COMMUNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRRINAGE SYSTEM) E%HIBIT "A" The Community Facilities District has keen divided into two zones: 1. ZONE "A": General areas to be served 6y the drainage facilities, exclusive of Zone "B". Z. ZONE "B": A limited area, being only partially served by drainage facilities. Zone "B" consists of those properties bounded on the South by FOOTHILL 80ULE YARD, on the East by ROCHESTER AVENUE, on the North by BASE LINE ROAO, and on the Hest by the prolongation of MI LL IKEN AVENUE. The rate, method and formula for the levy of the special tax for the respective zones, being Zone "A" and Zone "B", is as follows, based upon a estimated bond anount of E18,000, 000.00, payable over a period twenty (20) years. • ZONE "A": E350.00 PER ACRE. ZONE "8": E350.00 PER ALRE for 190 ACRES. For the purpose of deffning the maxfmum Special Tax, "ACRE" shall mean acres contained in the area of the parcel as determined using the acres as shown on the latest San 6ern ardi no County Assessor's maps. • + • /1 n,mv nc+ n ~ w,n tin n . • STAFF REPORT DATE: July 17, 1985 T0: City Council and City Manager ~}' FROM: Lloyd 8. Hubbs, City Engineer,'//, i j' SUBJECT: Release of Bonds and Notice of Completion D.R. 83-20 -Located at 10355 8th Street Release: • DEVELOPER: Excellon Automation 23915 Gamier Street Torrance, California 90509 Cash Deposit (Street Improvements) 522,500.00 h, t~ j 9 -`~i x' I ~' ~I: L ~ li 19iT I; The road improvement for D.R. 83-20 have -een completed in accordance with the approved plans and it is recommended that Council accept said improvements, authorize the City Engineer to file a Notice of Completion, and authorize the Finance Department to release the cash deposit in the amount of 522,500.00. P.M. 7797 - located on the south side of 8th Street East of Pittsburgh OEV ELOPER: RC Associates I1 c/o O'Donnel, Brigham & Partners 3505 Cadillac Rvenue, 0-110 Costa Mesa, California 92626 Accept: Release: Maintenance Guarantee Bond 828,730.00 Faithful Performance Bond 5287,300.00 The street improvements for Parcel Map 7797 have been completed in an acceptable manner and it is recommended that Council accept the one year maintenance bond, 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 5287,300.00. continued... /3 City Council Staff Report Re: Bond Releases July 17, 1985 Page 2 D.R. 83-13 - Pepperwood Apartments located at 9055 Foothill 3oulevard DEVELOPER: B.L.T. Partnership No. 1 c/o Wittenberg Corp. 120 Newport Center Drive, Suite 220 Newport Beach, California 92660 Release: Faithful Performance Bond (Storm Drain) E135,000.00 Faithful Performance Bond (Street) 879,000.00 The required improvements for D.R. 83-13 have been completed in an acceptable manner and it is reco;mnended that Council accept said improvements, authorize the City Engineer to file a Notice of Completion, and authorize the City Clerk to release the above mentioned bands. Respectfully submitted, LBH:bc • • C, J yY AE L00.0IVG REO'3 ESTE0 BY CfiY OF RANCHO NCAMONGA P. 0. Boz 901 Rancho Cucamonga, California 91770 NNEN RECOROEO MAIL 10: C [TY CLE0.A CITY OF RANCHO CUCAMONGA P. 0. Boz 807 Aancno Cucamonga, California 91730 NOT ICE OF COMPLETION NOTICE IS HEREOY GIVEN THAT: 1. The undersigned is an owner of an interest or ps fate in the hereinafter described real property, the nature of which int evert or estate is: 0. R. 83-20 2. The full name and aaaress of the un dersigned owner is: CITY OF RANCHO NCANONGA, 9320-L Base line Road, P. 0. Baz 907, Rancho Cucamonga, California 91730. • 7. On the VTH day of duly, 1985, there was comoteted on the hereinafter described real prpper ty the work of improvemen t set forth in the contract documents Ior: 0. R. 83-20 4. The name of the on qi not contrac cor for the work of improvement as a whole was: E scellon Automation 5. The real property referred t0 herein is si hated in the City pf 0.ancno Cucamonga, County of San Bern ardtno, California, and is described as fal lows: O. R. 03-20 CITY OF 0.pNf,NO CUCAMONGp, a munl<Ipa1 Cprporati an, owner ate e L oy My bs, ity ng~neer • /> RESOLUTION N0. ~`u,-1T-10R S' ~~I • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRLiFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D. R. 83-20 ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for D. R. 83-20 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to he filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County, PASSED, APPROVED, and ADOPTED this 17th day of Juty, 1985. AYES: NOES: ABSENT: on D. Mike s, Mayor ATTEST: Beverly A. Authe let, City Clerk 1, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted 6y the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 17th day of July, 1985. Executed this 17th day of July, 1985 at Rancho Cucamonga, California. everly A. Authelet, ity C erk /b RECORDING REQUESTED BY CITY OF RANCHO CULAMONGA P. 0. Box 807 R ancha Cucamonga, California 91770 NNEN RECOROEO MAIL T0: CITY CLERK CITY Of 0.ANCH0 CUCAMONGA P. 0. Sax BO7 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: PARCEL MAP 7797 2, IDe full name and address of the undersigned owner is: LI TY OF RANCHO LUCAMONGA, 9320-L Base line RoaA, P. 0. Sae 807, Rancho Cucamonga, Calibrnia 91730. • 3. On the l7th day of duly, 1985, there was canpl eted on the hereinafter described real property the work of improvement se[ forth in the contract documents Far: PARCEL MAP 7797 d. The name of the original contractor for the work of improvement as a whole was: R [ ASSOCIATES II 5. The real property referred to hereto fs situated in the Lity of Rancho Cuc amanga, County of San Bernardino, Cal ifornla, and 1s described as /allows: PARCEL MAP 7797 CITY OF RANCHO CULAMONGA, a Muni cipai corporation, Owner L Oy Nu s, [y ng neer u /7 • RESOLUTION N0. EA7-}}-}iR a >' `'` ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D. R. 83-13 AND AUTHORIZING THE FIL I"IG OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for D. R. 83-13 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and fife a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 17th day of July, 1985. AYES: NOES: ABSENT: on D. Mikels, Mayor ATTEST: Bever y Authe et, ,ty er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 17th day of July, 1985, Executed this 17th day of July, 1985 at Rancho Cucamonga, California. Bever y A, Authe et, City Cier • k /,)' RESOLUTION N0. E87-37--i3R 4> - }mil • A RESOLUTION OF THE CITY COUNCIL OF THE C;TY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 7197 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 7797 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 17th day of July, 1985. AYES: NOES: • RESENT: on .Mike s, Mayor RTTEST: every Authe et, ity er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the 17th day of July, 1985. Executed this 11th day of July, 1985 at Rancho Cucamonga, California. n U every qut a et, ity er /9 RECOROIYG REQUESTED BY: CITY OF AAN CXO CUCAMONGA P. 0. Box 807 Ran<ho Cucamonga, California 91730 NHEN 0.ECOROED MAIL T0: CRY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 007 A ancha Cucamonga, Cat ifprnia 91730 x07ICE OF LOMPLETS ON NOTICE IS NE AE BY GIVEN TXAT: 1. The undersigned is an owner of an interest or est ale in Lhe hereinafter described real property, fhe naf ure of which interest or estate is: O.R. e7-13 2. The full name and address of [he undersigned owner is: CITY OF AANCMO CUCAMONGA, 9720-C Base Line Road, A. 0. Box 80), Rancho Cucamonga, • Cal ifornfa 911]0. 3. On the l]th day of July, 1905, there wat completed on tie here to after descri oed real property the work of improvement set forth in the contract documents for: D, R, 83-13 <. The name of the original contractor for the work of lmprovemen[ as a whole was: 9. L. T. Partnership 'la. 1 5. the real property referred to herein is situu ed in the City of Rancho Cucamonga, County of San Bernardino, Cal VOrnia, and is descrfbed as /o17owH D. R. 0]-13 LIiY OF AANCNO LUCAMONGq, a municipal corporation, Owner L oy Hu bs, ,ty nglneer „~ O • • CITY OF RA\CHO CCCA~fO\GA STAFF REPORT DATE: July 11, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician gal ~~lr ., ~ v. e'/ } Ali `. ~ ~A rZ V I> 19]7 SUBJECT: Approval of Bonds, Rgreement and Final Map for Tract Nos. 12319 and 12319-1 thru 12319-8 located on the northwest corner of Terra Vista Parkway and Spruce Avenue submitted by Lewis Homes Tract Nos. 12319 and 12319-1 thru 12319-8 were approved by the Planning Commission on January 23, 1985, for the division of 51 acres into 214 lots in the Medium Residential Development District located on the northwest corner of Terra Vista Parkway and Spruce Avenue. The Developer, Lewis Homes, is suhmitting an agreement and bonds to guarantee the construction of the off-site improvements in the fallowing amounts: Faithful Performance Bond :..............E1,250,380.00 Labor and Material Bond :.......... ......E 625,190.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C.&R.s have also been approved by the City Attorney. RECOMMENDATION [t is recommended that the City Council adopt the attached resolution approving Tract Nos. 12319 and 12319-1 thru 12319-8, accepting said bands and agreement and authorizing the Mayor and City Clerk to sign said agreement and to cause said map tc record. v lly ,yubmi tted, ~/ n ~~ CITY Of A~NLHD LUCANDNGR IMPROVEMENT A6pEENE NT FOA TpACT NOS. 12719 RNO 12719-I THRV -p RN ON ALL MEN BY TNESE PRESENTS: That this agreement is made and entered into, in conformance with the Drovisions of the Suhdfvis ion Map Act o/ the State of Cali Pornia, and of the applicable Ordinances of the Lity of poncho Cucamonga, California, a municipal corporation, by and hetw een said Lity, hereinafter referred to as the Li[Y, and Lewis Pnmes of [al if0rnia~ a eneral artnerihi hereinafter re end to as She eve over. N1iNESSE TN: THAI, NNE0.EA5, said Developer desires tp develop certain r¢al DrOper ty in said City as shown On the con Of Lion ally ap prpV ed subdivision known as Tract Nos. 12719 and 12719-I thru 08; and NHEAEAS, said Gity hat established certain requirements to be me[ by said Developer as prerequisite to aDprpval of said subdivision generally located at the n0 rthwest corner of terra Yfsta Parkway and Spruce Avenue: and HON, THEREFORE, it is hereby agreed by said Cfty and by said Oe veloper as follows: 3. The Developer hereby agrees to construct at Developer's esp ense a1i improvements de5<ribe0 on page 6 here- . of wt[hfn twelve months from fhe effective date hereof. 2. ih is agreement shall be effective On the date of the r65otution of the Louncii of said City aDDroving this agreement. This agreement snail be in default an the day follow- ing the ff rs[ anniversary date of Bald approval unless an exten- sion of time has been granted by said Lity as herein of ter provid- ed. 3. The Oeve toper may request an eatensf on o/ time to complete [he terms her ¢o/. Such request shall be submitted to the City in wN Linq not less than 30 days before the expire[ion date hereof, and shall contain a statement of clrcumstanc es necessitating the extension Of time. The Lity Th all have the right to review the DrOVisions of this agreement, including the tdnstr uctfan standards, cost estimate, and imDrOVement security, and to require adJustm cots [herein if any substan[ial change has occurred during the term hereof. 4. I1 [ne Developer fails ar neglects to cOmp1Y with the Dr ovf if on5 pf this agreemen [, the City shall nave the right d[ any time t0 Cause said pravisi ons to be met by any lawful means, and thereupon recover from the Developer and/or his surety the full cost and expense incurred, 5. The D¢vel ~Oer shall prpvide metered water service to each lot of said development in accordance with [he regulations, schedules, and fees of Me Cucamonga County Na[er District. 6, the Develpper shall be respOns ible for replacement, relocation, or removal of any component of any irr igatton water system In conflict with construction p/ required improvements to the satisfaction of the City Engineer and the owner of such water system. 1 l ""~ ~ } u 7. Improvements required to be constr vcted shall conform to the Standard ^rawings and Standard Specifications of Me Lify, and to Lhe impr OVement 71an approved by and on fife in the Olf ate of the Ci[y Engineer. Said improvements are tabulated On the Construction and Bond Estimate, hereby incorpor etetl nn page 6 hereof, as taken from the improvement plans lis [ed [hereon by number, the Developer shall also pe resppnSiDle for rpnstruc- tion of any transitions or other incidental work beyond the tract bound arses as needed for safety and proper surface drainage. Errors or ommissions discovered during consiructin shall be corrected upon [he Direction of the Lity Engineer. 2evised work due to said plan mpdiiicatians shall De cover¢d by the provisions of this agreement and s+,cured by the surety covering the on gf nal planned works. B, Cpns traction perm lLS Shrill be obtained Dy the Developer from the of 11<e of the Lily Engineer pr7or to start of work; all reguta lions listed thereon shall be observed, with attention given [0 safety prpceduf es, control of dust, noise, or other nuisance to the area, and to proper noL if ication of Oubifc utilities and City 9eper[ments. Failure to comply with this section shell be subJ ect is the penalties Provided therefor, 9. The Developer shall be responsible for removal of all loose rocks and other debris from pu Dtic rights-of-way within or adjoining said develapm ent resulting from work relative to said development. 10. Mork done within evf sling streets shall De diligently pursued to completion; the City shall have the right to compte to any and all work in the event of unjustif led delay in Completion, rind to recover all cost and expense fncprred from the • Developer and/or his contractor by any lawful means, Il. Said Oev eloper shall at all times following dedica- tion of the streets and easements in said su Oidivisi on, up tp the completion and acceptance of said work or improvement by sold City Council, give goad and ode puate earning to the traveling public of eacA and every dangerous condition eatstent in sa10 street Or easement, antl will protect the traveling public from such de/ec Live or ddnge rous conditions, Until the completion of all improvements, her¢in incorporated on Paqe 6 , to be performed, each o/ said streets opt accepted as improvements Shrill be under the charge Of zaid Developer, Said Developer may close all or a portion o/ any street su bJ ect to the conditions contained In a temporary street closure permit, issued by the City Engineer, whenever it is necessary to protect the public during [he construction of the improvements herein agreed [o be made, 12, parkway trees required to be planted shall De planted by the Devl toper after oM er improvement work, grading and cleanup has been Completed. planting shall De done as provided by Ordinance in accordance with the planting diagram approved by [he City Community Oevetopment Director. the Developer shall be responsible for maintaining all trees planted in good health until the end of the guaranteed maintenance period, pr for one year after planting, whichever fs lacer. 13. the Oeve leper is respo nsiDle for meeting ail condl- tfons estahllshe0 Dy the Cf ty pursuant to the sues fv i:ion Map Ac [, Lity Ordiances, and this agreement Por the development, rind for the maintenance o/ all Improvements <pnstrvc Led thereunder. -2- ~ 3 n u until the improvement is accepted far main[en ante by the Li!y, and no improvement sec urf ty provided hereinwith sHd11 be released before such acceptance unless otherwise provided and aeroori z?d by the Li ty Council of the City. 11, this agreement sh ail no[ terminate until '^o mainLen ante guarantee security Hereinafter tle scribed has been releases by the Li [y, or until a new agreement to ge SAer wiles t'ne required improvement security has been su bmi[ted tp the City by a SVCCpSSOr t0 the herein ndm20, and by re101Vt10n Jf ' .i!y Council same has been accepted, and this agreement and the improvement security Meref or has been released. 15, The improv emenL security to be furnished by the Developer with this agreem ent shall cp nsirt of the following an0 shall be in a form acceptable by the Ci[y Attorney: p. To secure /aithful per Porm ante of this agreement. L A bond or bonds by one or more duly auChorized corporate sureties in the fore and cp ntert specified by Government Code Section 66A99, t. 2, qn Improvement Security Instrument in [he form and content spec 1f 1e0 by the City quo me y, 3. A deposit wi Ch [he City of money or negotiable bones of roe kind approved for securing deposits o/ public monies. B. TD secure laborers and mater ialmen: 1. A bond or bDntls by one or more duly authorind corporate sureties in the farm and cante~f specified by GovernmenC Code Section 66499.1. • 2. An Improvement SecVrity Instrument in the fprm and content spec ilied by the Cfty pttornev. 3, A deposit with City of money or negotiable bonds Of the kind approved for securing C. A cash deposit with the City Cp guarantee payment by th< DeVel Oper Cp CHe engfne2f of SVrVe yOr whOSp certi ilc ate appears upon the Final Nap Por the setting pf all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of [he deposit may be any amount cer[ff fed by Ue pniineer pr surveyor as acceptable payment in full; or, if ro Vdl'Je iS SVbmitted, Che <d5A bpnd $M1 dll by a5 Shnwn on the Cons [ruction and 8pnd Estimate [OnCdined Herein. Said casA de posts ray be refunded as spon as proce- dure permits of ter receipt by the City of the centerline tie notes and written assurance of payment in full from the engineer or surveyor. 0. The required bonds and She principal amounts thereof are set forts on page 6 of this agreement. l6, The Developer warrants that the improv ementz described In this agreement shall be free from defects in matpr talc and workmanship. Any and dii portions pf tAe imprOVe- megt5 fnllnd t0 Ae dpf e[f iVe w{tHin onp (jI ye dY (oliOMing t9e data on which the imDrDVements are accepted by the Lity shall be repaired ar replaced by Developer free D/ ail charges tp the City. the Developer shall furnish a maintenance guarantee security in a sum equal eo ten percent (10%) of the construe [lon estimate or 5200.00, whichever is greater, tp secure the faithful performance o/ Developer's obligations as described in to is pan. 9r apA. The maintenance guarantee security shall also secure :he fai[Alul performance by the De l f ® ve oper o any obllg anon o/ the _ g- .7y Developer to do speciffpd work with respect to any parkway .maintenance assessment district. Once the improvements have Oeen accepted and a maintenance guarantee security has been accepted Dy the Ci[y, the other improvement security described in to is agreement may De released prpvitled that such release is otherwise authors red by the SuDdivisi on Map Act and any appl is able City Ortlinance. 17. Thdt the Oeveipper shall take out and maintain such public liability antl property damage insurance as shall pr o[ect him and any cantrac for or subcontractor performing work covered Dy this agreement from claims for property damages which may arise because of the nature pf the work or from operations under this agreement, whether such cper ations be by himself or by any contractor or su bcpntractor, pr anyone directly or Indirectly employed by said persons, even though such tlamages De not caused Dy the negligence pi the Developer or any contractor or spDCOntrd[COr pr dny pOP employed by Sdid pe rT00T. The public liability and property damage insurance shall list the City as ad tli [ands insured and directly protect the City, its officers, agen [s one employees, as well as the Deveiope r, h1s contractors and his subcontractors, and all insurance pplic tes issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: A. Contra<tor'~- liability insuranc¢ providing bodily injury pr tleath liability limits of not less tha 5300,000 for each person and 51,000,000 for each accident or occurrence, and property damage liabil- ity limits of not leis than 5100,000 for each ncci- dent pr occurrence with an aggregate limit a/ • 5250,000 far cidims which may arise tram the opera- tions of the Oeve toper in the performance of the work herein provided. 8. Automobile Liability insurance covering all vehicles used in the performance pf this agreement providing bodily injury liability Limits of net less than 5200,000 /or earn person and 5300,000 /or each accident or occurrence, and property damage liability limits of no[ less than 550,000 for each accident pr occurrence, with an aggreg afe of not less than 5100,000 which may arise from [he opera- tions o/ the Oeve toper or his Contractor in performing the work providetl for herein. Ig, That be/ore the execution o/ this agreement, the Developer shall file with the Clty a certificate or certificates o/ insurance covering the specified insurance. Each such cert l/lcate shall Dear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences Dy such certilim[e, bef are the exO tr atlon of [Dirty (JO) days after the City shall have received opts/ication by reg7ster etl mail from the insurance carrier. As evidence of understanding the provisions contained herein, and of intent td comply with same, the $ub divider has su bml tied the following described improvement security, and has affixed his signature hereto: • -4- ~r d s :~ FA ITNFUL PERFORM AXCE TYpe: principal Anpunt: E1,260,7R0. 00 Yame dnd aaaress of surety: Ce veiopers In sv 2nce Cpnpany 333 'dil shire, Anaheim, CA 92301 NA TER[AL ANO LABOR PAYMENT Type: Principal Amount: 5625,190.00 Name and address of surety: As above CASH DEPOSIT NONUNENS ATION TYpe: pr{ncipal Amount: Si4,900.00 Name and address of surety: As above NAINTENANCE GUARANTEE TYpe: Principal Amount: Name and address o/ sure(., ps aDOVe TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN NITNE55 HEREOF, the parties hereto have caused these presents to De duly executed and ac knoeledged ai to all f ornali[tes repaired Dy la3P on the dates set forth pp ppsi [e their signatures. ~EaezS Nam[S aE Ca.rreoeow 0 ate 6-~i-8S by v~%"il'r ~'•'~•I ~ ,Developer agnature gUTHOR12E0 pOENT ILRN DqS,(,. W.LEust ~n me Date by ,Cevelaper Igra are Accepted: City of Rancho Luc ampnga, California A Municipal Corporation la[mr nl P. nnerr xiol 9 fa Tf. of CnIIrOP NIa COINtt oP_6a.Y 9ERHANUI YO } 39 on_ June Z 1. 1985 _, bNon me. mr ~narngnN. , amm weh[ } i and ler wd v e. PrrrmnM1 rppur[[L__Randall M. IRV IS __ ~ 4m.n ro me ro tr me gmr10 0! Ow pvuvnPq mn ornM rN nNin wwmrnrud [dnwINPN re nu i n_. pe_ artmN rM1r ame ler [M m hlyll al aid MrMJnP uM Uur mdprtmpq nNwM rM Ume `a'ITN FSS mr AaM UN OI/xnl utl Q~ ~ ,,¢~~x~~ PPU91t [r 0.0RI DNA A, SON + Simnmr ~ .._'~. N 1 ~ F,dna A, Rub lnnon , N•mm1Trp1 u PnnrNl ~~~ as mr...P.m~~,.,.«~ CITY OF RANCIiO CU[AHOXGp ENGIiiEERIAG DIVISION • ENCROM1CtIMENT PEDM Ii FEE SCIIE OULE For Impravemen4 Tract No. 12 J19 and T- li]'9-1 h -~ -9 Dale: 5-24-BS ence ~ e R= e LCrduteD D1: &]e~J 6E ,l':p _ - - . ~ . . . City 'or aw irg :ro. ' NOTE: Opes not inclvCt current fee for wr sting permit or paveTent deposits OUA;iT RY UNIT IT r;1 D9 ifO ""OU`R 1447 L.F. P,[.C. curb - hz~ C. F. ~' gu [t er 7.25 l0 491 10, ll7 L.F. P.C.C. cvrD - 8" L,F. 23" gc!txr 6.G0 109 8>0 T91 L.F. P.C.C. cur! DnIY 5.50 . 10 911 ~ L.F. S F A.[. hero 4" 4,c0 . _ 20, 624 . . $,F. D.C.C. si Eeaalk Cr ive aDpre ach (16'++.1 1.75 2 50 tP 794 Lyfi S.F. B" P,C.C. crass gutter (inc, .Drb) . 7,40 52.060 35 fi66 13, 22fi C.Y. Street e.c av alien (co 10° back of c . t. L50 . lo e79 (a. Icr,~ad'esa,~.n[12" deeP~1 t?$0 , 42_ 3y5 S.F. Proparaticn ni su Sgr aEe 0.15 64 36] 99 d~_94 S. F. Crushed agg. Dose iper inch thick) .4 " 0.07 . 11 JD3 l]4~99z ECi S. F . A; C+, (o+cr }9C0 torRl Gros hed aq g. ~'L3 O,OI , 30.140 - TC'F A-T .(900~~7C0-~) baae xJ" 1500 82_19 - TON i0N p,[. (500 tD 900 toot) 'a¢-.8827.00 222 696 A,C. (under 500 tons) 60.00 $.F. A.[. U" Inick) 0.55 _ _ S. F. Patch q,C. (trench) Lis S. F. I" thick A.[. overlay 0.30 56 EA. qCj utt sewer nanh ole to grade 250,00 1: G00 EA. gajust sewer clean out to grace 150. G0 53 EM1. ACJus[ water valves to gr aEe 75.00 91 EA. Sheet ligh [s 1000.00 92 - L.F. 0a rr is adds (intersec. 5500 min) 1.00 _ 575 L.F. 2 x 4" redwopd header 1.75 936 - 6.F. A¢aoval D/ A.C. pave.nent 0. J5 516 L.F. Reaoval Di P.C.C. curb J. 70 1 701 - L.F. Renaval of A.L. berm I, pO ib Eq. Street si gnz 200,00 1 200 - EA. Ref lee to rs and posts 35.00 . L.F. Concrete black wall 25, G0 505 6 rr,F3.. F . Ret liniGg ~ea1S 2]" ft. C_F. 8B e'S39.00 19 591 14 ' ;Olr L. F . A90Q9s`a base 3l" R.C.F. X0045.00 29 4]0 158 ~~L, F . GDDCCptE itraa[tvee5 54" R.C.?. a$;5E096 .00 . 22 1" 9 7a2 L.F. 18^ R(P (20G0 01 29.00 . 0 21 519 57 _OZ L.F. L.F. 24" ACP (1500 D) 76" RCP (2000 0) 75.00 4 . 1.995 495 LF. 48" RCP (1200 D) 9. G0 76 00 39.290 9 FA, Catch basin 'q 4'(4'655') . 2009.00 37.620 IA 00 11 ] EA. EP Catch basin H ~ 6'(7'to14') 2900.00 . 0 71.900 1 . tat cN basin N ~ 22'(t 6'622'1 4500.00 9 000 0 EA, Local depression 4'(4 to10'7 500.00 . 12 EA. Local depression 12'(10' ca22'I 1000.00 6.000 v 10 EA. Ou nc ti on st ructvre ~ 5000.00 i _ 0~ 5 __ EA. Outlet it roc; ure, Std }506 1500.00 0 000 ___ EA. Outlet structure, Std /507 500 00 _ _= Ep. Lua rd puts , 40,00 500 - L.i. Guard panes (wood) 25.00 _ _= L.F. Sawcut 2 00 - - EA. Headwall (49" wing) 4000 00 _ L.F. R¢dwoad ha. odor . 1 75 _ _ _ S.F. Lan d scups ng 6 irrigation . 2.75 _ ~- ~u: t RphlE i~=r be R(C E.S.C •) 7.50 _ EA. Storm orai n-4 anho LC 6 ddj. to 2250.00 19]9 50~ ENG IflEER L'IG IN SD ECi1011 fEE SUB 70TAL •AES70RgiI0:1/O EL IUEA1fON CASH - LG:iT INGEaCY OUSTS 1 I F i E O%) F P C N 1 MONUMEflTAi IOfl SURE Y (CASH) /Y oq y LAOOR (50%) ANO MATEAIAL 80NO n25. 13~ •Fursuar~t to Clty o/ Rancho Cucamonga Municipal Lode, Tltle I, Bernard irw Count Cod Titles Ch t 1 Chapter 1.08, adopting San he made pr for y e , ap ers -5, a cash restoration/de llneatton deposit SAall In Issuance pf a n ngineering Const ucti P t ~ r on ermi t. ,y{ • FAITNFUL PERFORMANCE BONG NXEAEA S, the [i LY Council pf the City if 0.dr. r.^,_ '_ :enprge, $t pf '.dllfnrni d, dnd Lewis NO ai SLIT°-.n. _ _ •:ar.-^._;-•,_ (hereinafter deli gn a:e0 as "pn nctoai" have red ,nte an agreement Whereby pmt ncipal agrees to instal ln•a^d vmpl ete certain designated public imor oveaeots, wh ic'^~ saf: dated July 3, 1985, and i7en[ified as proj ec[ t•act-L33 ~q rani 12319-I th ru -A is hereby referred [o and maEe a pa•t 'n-r-- , and, NXEAEAS, Said principal is repot red unEer •ns - said agreement to furnish a band for the faithf vl per`erm sore o` Said ogreement. N Ta, tHER EFURE, we the principal and - -- -~ as sure :y, are held and firmly bound unto tWe i:y Lntho Cucamonga (hereinafter called "City"~, in :he vena~ su*~ of Cne Million Two Hundred Fifty Thousand Three Hundred Eigh:i poll drs (T1,250,3R 0,00 lawful money of the L'nitetl S:at!s, for :he payment of which sum sell and truly [p pe Wade, Sind aUr5C1Ve5, OOr heirs, SUCC eSSOf s, eAecuLprS dnd 3C91pi e'~.~'a[pr S, join, y and seserally, firmly Sy ,here presents. the co ndi[ion pf [his obligation '.s such th a: :he aSav! bounded princ~pa!, his or its heirs, exec utv rs, ddm ixn is:r a:ors, SUCCC S5nr5 Of dssigns, Shdll in dll things si dnd :n antl `ti ]e Sy, . an0 well anE truly keep and perform the raven ants, cpndi ;!vns and prnVisinns In [Ile sdid dgreement dpd dny dltCf dtlpn th!•_Of 92de as [herein provided, pn his pr Cheir vart, to be kev: anC performed at the tine and in the manner [herein spec sf led, and in all reipec is accordfng iv their trae intent dnE mea^inq, and SX all ,noemnify and save harm!e55 City, its olf trams, i:!nta d•,d employees, as therein stipulated, then this obliga:'~:a shall becone null and void; otherwise, it shall be and rem a'r~ 'n fa l force and effect. As a part of She obiigattan seta red heresy and in ecc';i pn :~ ihP face amount sDe Nfied them=fog they= shall S! inc:c:a: rota and reasonable eepenses and fees, including reasonable a::crney'S fees, incurred by City in successful ly enf arcing such ab ^~pa: i:n, all [a De [axed as costs and included in any judgment reader ed. The surety heresy stipulates and agrees tnz: no ch an ve, e xtenilon of time, alteration or addition to the ter',s of the a9reement or to the work to be performed thereunder or [he speci- fications accOmp anying the same sh ail in an yalse af`ec: its pblfgaH ons on this Sond, and it drat hereby waive optic! Of any such change, extension of time, alteration or addit~or tv Me termf pf the a9reement Or IO the work or tp the spec ifiCaLiOn s. L4 NITAESS NNEAEDF, this inst•um!nt has been duty axe rn!d by the principal and Svro ty show nacre;, on _ 1985 y,'~ ,.nor- rtl'cr a4la _ _ _ _ - -_ _ i eve open 'ore :y , ~'w }igna[ur. pUTMOp12E0 pOENT AtYCrn_y-In--:c: Doc:::. aacY- PLEASE ATTACH PONEA OF AttO0.NEY TO pLL PnNO$ SIDMATURES NUSi BE NO iARIZED as LABOR AND MATERIALMEN BONG -~~~~~~~~~` ~~~ - -~~ ~:~,~~ N MEREAS, [he City Council pf the City Of Rancho C:c anpnga, State of California, and ieXis wn-es Of Ca`+r ^n +a -=.=r - -~~. Fop (herein of ter design aced as "pn cc~pa~"` nav¢ er.er= rn:a~ar ag reevenC whereby print ,pal a9raas IO in s: al: sn.- n-p'et° certain des +gna:ed opSl is impr rre gents, which sa~.f _ dated July 3, 1935, and ides: Vie_" as p-pjaC - act~lZ~o3 3 12]19-1 thru -a is he repy referred to antl wade a paw: h=+epf; an: NNEREAS, under the terms of said agreement, orin:ipa! is required before entering upon the performance pf Me '+o-t, Itte a good and sufficient payment bond with the Ca y cf Ran chn Cucamonga to secure the cl dins tp which reference is 'node n Title 15 (commencing with $ectf pn 3082) o` Par[ a pf pfuisbn,3 Of the Civil Code of [he State of Cal iforn;a. NON, THERE F00.E, said 0^incipal anC [he undersinned as corporate surety, are held firmly bound unto the City Of Rancho Cucamonga and alt contractors, subcontractors, lobo rers, -a'e~ial men and Other pets one emp lpyed in the perf0 rman r._ of the aforesaid agreement and referred to in the a/o rosa~E :0+.e pf Civil Procedure in the sum of Six Nundred Twenty-Five -~oUS and One Hundred Ninety Dollars (Sfi 25,190.00), for maisriats f n•sheC pr labor thereon Of any kind, or for amounts due unCer the Upempl0 yment Insprance TCL wi to respECt [0 Such wort pr labor. [hat said surety will pay roe some in an amount not a eeC!np the am punt hereinabpve set forth, and also in case sui[v'is prjvght upon this bpntl will pay in addition t0 the fdce amount tpere of, cp s[s and reasonable expenses and fees, includirg reatOnahte attorney's fees, incurred by City in successfully shf orcina such obligation, to be awarded and fined by the tour t, aH tp be taxed as costs and to be included in roe ±udgme-[ therein tend=^e i. . It is hereby express iy stipulated a u agreed .hat :his bonE shalt inure to the benefit of any and a71 persons, companies anC corporations entitled :p file claims unCer Title 15 (home ncl ng with Section 3082) of Part 4 of Divispn 3 of the Civil Code, so as La give a right of ac [ton to them or their assigns in any suit brought u0on this Cond. Should the <pndi tion of this bond b= Tully per~0 r-eC, thev this obiig a[ion shall become null and voi i, otherwise i; th all be and remain in full force and effect. The su rosy hereby stipulates and ai roes that no change, extension pf tine, alteration or addition [0 t terms Of said agreement pr the s0ecif lc atipns acrompan vine ine s=.ae mall in any manner affect its obligations pn this ~S Ond, and it does he^e- by waive notice of any such cn doge, extension, alte^ation Or adtlition, - ~- ~ IN 'AIivE SuS NHEREOF, this inzirunent has -b^en duly-executed Cy the principal and surety abov_ named, en ?C'r. 199 . .- i nature! AUTHORREO AGENT l -tor Te y-,n_.act; - Cac:J PLEASE AT7AON PONEA OF ATiOR NEY TO ALL OONDS SIGNATURES MUST 9E NOTARIZED • ,2 9 suaDlvlsmn GUgRRNTEE NO PER FORMgNCE (SETTING OF FINAL MONUMENTS) City Lpuncil City of Aanchn Cvc amonga P. 0. 9px B01 Ranchp "ur amonga, California 91770 Gentlemen: Pursuant to Ch after d, grticie 9, Section 6fi 491 pf ' 3prer~me~: Code, the unEersi gned hereby agrees th a; all apnu~ena sap wn cr the final map of Tract 12719 and 12319-1 thru -3 are tp Se set and furnished by the su bdivider'z engineer pr sun ve vc• on pr before as soecif (=d in ' Engineer's or ~rveYars erti ica[e do agrees [o furnish the notes thereon to camp lete a71 engineering requi•e,ten is vecif;ei in Section 66197, of the Government Code. The undersigned hands ycu herewi!h the sum of S lY,?00.77 as a c aih de posit, sdtd depotit Ip qu Grantee th dt the 9pnu^,e n :S '•111 b9 Set dnd the notes fuf niched ds above provides p0 Or hefOre th' date specified antl that the engineer or surveyor wilt a paiE Oy the undersigned. It iz further ander stood and agreed that in [he even[ M^ pndersigneE fails to complete the shove requirements within the tine so ecifled, the [f ty of RancM1p Cuca„ongi is xcthp^'zed ;a compl e:e said requirem ea;s ar cause [hem tp be cpmo'e:e^. and !ne • cost thereof is to be a charge against said casn de po s+:. and the Citt of Ranc hp 'pcamp nge is avthori ted [p make the necessary trio sf4r from slid casn de posit to the credit far the prCpn• ci'v Pond. It is turthe• agreed that if the and ersi9ned does not present evidenc_ :he City Council that ne has paid the en:'neer pr rve ypr for the sr.': my of the final mdnumen ts, an" iw engineer or surveyor gives the no [tees prescribed Sep:~pr 66197 pf ;he Gover nnent Code, the Li ty shall pay to sa1'r engineer or surveyor, the cash deposit herein made. If the cost of completing said requirements eacee ES 'he anpp~t pf the cash deposit, the undersigned agrees tp pay the di `f=nonce within Chirty (30) days after receiving wri ;ten s[atece nt from the City of Aanchd Cpc amonga specifying the ampunt o1 the O ilferen ce between the cash deposit and [he actual cast pf said requirements. ' ~(ENri y/om/s o! C,latnev»s COrdf ally, .,~ r"gUYNOR12FD gGEfIE .is ~c-es pf Cati fp rnia , Su bEi vide• 1'_~=4pr:~ °o un [sin :ven ~o, a, 0. Sax 5;7 AEdr=ss ^+la d ^a"<p rn'a 9VP6 Date G-dl~?S_ the ".eppsiter of recgrd (fqr return of any pprtfpn of the cash d epos ill shall be ~~ N NOTE: TD BE SUBMITTED FULLY FILLED OUT PMD SIGNED i 30 RESOLUTION N0. E63=i~.02R- $s "-Zt-/ • A RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ANO FINAL MAP OF TRACT NOS. 12319 ANO 12319-1 THRU 12319-8 WHEREAS, the Tentative Map of Tract Nos. 12319 and 12319-1 thru 12319-8, consisting of 274 lots, submitted by Lewis Homes, Subdivider, located on the northwest corner of Terra Vista parkway and 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 WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same 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, suhject to approval as to form and content thereof 6y the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 17th day of ,lu ly, 1985. AYES: NOES: ABSENT: s on i e s, ayor 3/ • • CITY OF R:1.'VCHO CtiCa~iONGA STAFF REPORT DATE: July 17, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 8Y: Linda Beek, Engineering Technician \~ ~~ 9 x,; ~ ~+,' '3 ;.,, ~ z ~ ~I> SUBJECT: Approval of Bonds, Agreement and Final Map for Tract No. 12672 located on the southwest corner of Terra Vista Parkway and Spruce Avenue submitted by Lewis Homes Tract No. 12672 was approved by Planning Commission on January 9, 1985, for the division of 7 acres into 128 units located at the southwest corner of Terra Vista Parkway and Spruce Avenue. The Developer, Lewis Homes, is submitting an agreement and bonds to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: E47,594.00 Labor and Material Bond: E23,791.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C.&R.s have also been approved by [he City Attorney. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract No, 12672, accepting said bonds and agreement and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. RespQC tfully wbmi ed, i/ J~f C/~( ~~/(/! ~ r/ " i ~BH:L67 0 ~" Attachments 3J CITY OF RANCHO CU LAMOMGq IMPROVEMENT AGREEMENT FOR YRACT 12612 Kt104 ALL MEN BY THESE PR ESE9lS: Thst this ay reenent is made and entered in ip, in conf orm ante with the provisions pf the Subdivision sap Act of the State of California, and of the applic ab!e Ordinances of the City of Ranchp Cuc amovga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and ^ea to rn Properties a general partnership hereinafter ref er~~ [o as the Jeve peer- NITtIESSETH: THAT, 'AH Eft EAS, said Developer desires to develop certain real property in said City as shown pn the con di [ionalty approved subdivision known as Tract No. 12fi 72; and NHEREAS, said Cf ty has established certain requirements tp be met Dy said Developer as prerequisf to tp approval of said subdivision generally located south of terra Vista, west of Spruce; and NON, THEREFORE, it is hereby agreed by said City and by said Developer as fOllgws~- 1. the Developer hereby agrees to construct at Develop ergs ezp ense alt improvements described on page fi here- . gf within twelve mpn [hs from the ¢/f act lve dare hereof. 2. this ogre ¢m ens shall Dg effective on the date of the resolution pf the Counc7i of said [1ty approving this agreement. this agreement shall De in default on the day fol'.ow- Ing the first anniversary dace of said approval uniess an exten- sion of time has Deen granted by said City as herginaf ter provid- ed. 3. The Oevelgper may request an eaten5f on of time to complete the terms hereof, Such request shall be submitted to the City in writing not less than d0 days before the ezp iration date hereol, and shall contain a statement of cirnsm stances necessitating the ext ens lan of time. The City shall have the right to review the provisions of this agreement, Including [he cons traction standards, cost estimate, and improvement security, and tp require adJustmen is therein if any substantial change has occurred during the term hereof, 1. If the Developer faits or neglects to comply with the prpv151gns of tM1is agreement, the Cf ty shall have the right at any time to cause said provi sions to be met by any lawful means, and thereupon recover from the Developer and/or his sure Cy the full cast and expense incurred. 5, the Developer sN all provide metered water service to each lot pf Bald development in accordance with the regulations, ichedu le s, and fees of the Cucamonga Cpun ty Nater District. 6. The Oeveioper shall be responsible far replacement, rasp cat ion, pr removal of any comport ant pf any 7rr lgati on water system in Conflict with construe H pn of required improvements to the satisfaction of the City Engineer and ro¢ owner of such weber system, 1- 33 7. improvements required to be canstruc led shall conform to Che Standard prow in as and Standard Sp ecificdti ors of the City, and to the Imor ovemen[ plan aop•DVed SY dnd on file in the office of tee City Engineer Said imp rgvem eats are taoula(ed pn the Cpnstru[tfon and 3pntl Estimate, horeby incprpo~a:ed pn page 6 hereof, as taken fron the improvement plays listed [heraon Dy number. The Developer shall also be resppna ible for conetruc- tinn Of dry Lrdn51Ci0n5 pf o[i1eY incide0t dl NOrk he yond ti10 trdet boundaries as needed for safety and proper surface drainage. Errors or ommissions discovered during cons tructin shall be correc[etl upon the dir_ction of the fits Engineer. Revised cork due to said plan motlif stations shall he covered by the provi signs of th+s agreement and secured Dy [he surety covering the or;ginal Dlanned works. 8. Constructt on permits shall be pb [aired by Me Oevela per fron Tne office pf the Cify Engineer prior to star[ of work; all regulations listed thereon shall be observed, ~aith atientign given to safety procedures, control of dust, noise, pr oMer nuisanc_ to the area, and to proper notifi[a lion o' public utf lilies and City Departments. Failure fo comply with this section shalt be subject to the penalties provided therefor. 9. The Deve lp per shall be responsible for removal of ali loose rocks and other ".ebris from public rights-pf-way wf thin or adjoining said deve7o Went resulting from work relative to said development. ]0. Nork done within existing streets shall he • diiigently pursued [o completion; the City shall have the right to complete any and ali work in the event of unjustified delay in completion, and tq rpc over all cost and expense incurred from the Developer and/or hfs contractor by any Lawful means, 31. Said Developer shall at all times follgwfnn dedica- tion of the streets and easements in said subidivis ion, up to the cpmvletipn and acceptance of said work Dr imorpvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous ca nditipn exi sent ~n said street Dr eas e~-yen t, dnd will prote<( tF^ traveling public from SYCh de(e[L I'IC or dangerous cords [igns. Untfi the camplet ton of all improvements, herein lncprp orated on Page 6 to De performed, Path of Said streets rat at cepted as improvements shall be under the charge of said Developer. Said Developer may close alt or a portion of any street subject to the conditions cpntained in a temporary street closure permit, issued Dy the City Engineer, whenever it is necessary to protect the Dahl tc during the construction of the improvements hereto agreed to be made. l2, parkway trees required to De planted shall be planted Dy the Deve toper after other improvement work, grading and cleanup has been cpmpie led, Plan[Ing shall De dare as provided by Ordinance in accordance wiM the planting diegram approved by the City Commun sty Development Oirec tar. The Develpper shall be responsible far maintaining all frees planted in gpod hea1M until the end pf the guaranteed maintenance pe ripd, or for one year after planting, rhi chever is later. 13. The Developer 1s responsible for mee [inq all cords- • Lions established by the CIGy pursuant to the 6uhdfvf slon Yap Act, City Ordlance s, and tb15 agreement far the development, anO far the maintenance of ail Improvements constructed thereunder -2- [~'.~~ 3 y until the improvement is accepted for mai n[en onto by the City, and v0 improvement security pnvided hereinNith Shall he rele asetl bof nfe SUCK d[CEDL do CC U01@SS pCne^NSSe prUVid2d and iUthp'i Yd by the Ci[y Coun cfl of U @ City. la. This agreement shall not terminate un tit the mainten an<e 9u ar ante@ security hereinafter described has been released by the City, or until a new agreement Soge!her Nito the required improvement security has been submitted to the City Dy a successor to the herein named, and by resolution of the City Council same has been aCC epted, and this agreement and the improvement sec urfty therefor has been released. 15. The improvement Security to be furnished by the Developer Nith ChiS agreement shall consist a4 the following and zh all De in a form acceptable by the City Attorney: A. io secure faithf vl performance of this agreement. 1. A bond or bontls by one or more duly authoN Zed COfDOr d[e sUf e[lis 1n the fprm and COnte9t specified by Government Code Section 6fi 499.1. 2, An Improvement Security Instrument in the form and content spec stied by the City Attorney. 3. A deposit Nith the City of money or ne9ptiable bontls of the kind approved for securing deposits of public monies. g, To secure laborers and mater5atmen: 1, A band or bond2 by one Dr mare duly au thor5zed corporate sureties in the form and content specified Dy Government Code Section 66499.1. 2. An Improvement Security anstr pment in the form • and Cqnt ant 4petif ietl Dy the Lity Attorney. J. A deposit Nith CiCy of money or negotiaDie bonds of the klntl approved for securing C. A cash deposit Nith the City to guarantee payment by the Oeve toper to the engineer or surveyor whose cent ificdt¢ appears upon the Final MaD fpr the s of Ling of all boundary, lot corner, and street centerline mpnvmen is and for furnishing centerl inn !ie np te5 [p the Llty. The dm punt of [ne de ppiit may be any amount certified Oy Me engineer pr Surveyor a5 a<c ep[aDle payment in full; or, if no value is su bmftt ed, the cash hood sh ail De as mown on the Cgns[ruGtion and Bond Estimate Cpntaipe0 herein. Said Cash deposit may be Yelvnded a3 Spop as pfpCe- dure permits after rec BlDt Dy the City Of the ten [erllne tie nnLES dnd NiltLen dSSUranCE pf payment in full from the engineer or surveyor. 0. The required bontls and the Dr inciPat amounts th ore of are Set forth on page 6 of this agreement, Ifi. The Developer warrants that fhe improvements described in Chti agreement iF all De free from d¢fecu in materials and Nqrkmanship• Am and nil portions of the ImOrove- menu found tp be defective ri[hin one 11) year follpNing [ne E atd pn which the improvemen [S are accepted by the City shd`I be repaired or replaced by De vel per tree of all charges ko the City. Tne Cevel oper strati i~irnish a maintenance guarantee security in a sum equal to ten percent (10%) of the constructt on estimate or 5200.00, wh tchever is greater, tD s@cure Lhe faitnf ul De rf or man ce of Dev elope is obligati ons as described in this para- graph, The maintenance guarantee seCUri ty shad also secure the faithful performance by the Deve7aper of any obligation of the -7- 3; r~ n u Developer to do specif fed work with respect to any parkway maintenance assessment district. Once the improv em¢nts have been accepted and a Tainten once guar aneee security hes Ceen as epted py [he City, the other inprov¢me~t security tle sets bpd ~~ tris d9re¢!II<nt TdJ "+¢ releds^d prOVi!ed :i1dC SV Ch rei2ds¢ 1s 9!^2 Y.,ise authorized by :h¢ 5obdivisinn Map Acf and any app7icaSle City Ordinance. 17. That the 0evelpper shall Lake out and maintain such puptic liabi illy and property 7amage insurance as shalt protect him and any contractor or sup o ntrac for performing work cover ea by this agreement (f om chins for pr oper[y ddaaoes which may arise because of the naturo of the work pr from operations under this ogre ¢menl, whether such opera^.ions Se by him sell or by dny contractor or subcontractor, or anyone directly or fndir¢ct'.y e mpioyed by said Derson s, even though such damages be not caused by the negligence of the Oeveloper pr any contrac[pr or subcontractor Or anyone emplOYed by said persons, the public liability and Draper ty damage insurance shalt list the City as addi[onal insured and directly protect the City, its officers, agents and employees, as Weil as the Developer, his conLractprs and his subcontractors, and all insurance policies issued hereon der shalt so state, the minimum amounts of such insurance snail he as fo haws: q. Lon tr ac tams liability insurance providing bodily snj ury or death liability timi is of not less tha 5700.000 for each person and I1, 000,000 for each accident or occurrenc¢, and property damage liabil- ity timi is of np[ less loan SI00,000 for each ac<7- dent or accurren <e with an aggregate limit Of f 2f 0,000 for claims which may arise from the opera- tiont of the Oeve toper 1n the performance pf Me work herein provided, B, qutpmobiie liability insurance covering alt vehicles used in the performance of this agreement providing bodily injury liability itmi[5 of opt less than f2DD,D00 for each person and 5300,000 far each accident or occurrence, and property damage l iabi!ity Ifmi tS of npi less than 550,000 for each accident or occurrence, with an aggregate of not less than 5100,000 which may arise from the opera- tions of the De vetoper or his Cpntrac tar in performing the worN provided fOr herein. 18. That bef are the eee c•rtion of this agreement, the Developer shall ffle with the Li ty a certificate or certific ales of insurance covering the specified insurance. Each sucn certif is ate shalt bear an endorsement pr ecluding the cancel lotions, or reduction in coverage p/ any polity evidences py such cerCificatt, before the eap it anon Of thf rty (3D) days after the City shad have received hots HCation by registered mail from the insurance carrier. As evidence pi undo n!andina Che provisions contained herein, antl of intent to comply with same, Lhe 5updf viler has su Emi [led the following described improvement security, and has affixed his signature hereto: • -4- ~'~ 3 G FpITHFUI PERFORMANCE Type: Principa! Ama~a~t: fa1,S9a, CO 9d"le dnd ddEre55 Of Surety: ,',e vf'CCerS .r:>'+rdr Ce CL^:aN 333 dilsni re, tin ahei-, Cd 9E 37: MATERIAL AND LA80R PAYMENT Type: Principal AmPpn;: f23, 791, D'7 Name and address of surety: Az above [qSN OEPOSI7 NONUMEXTATION type: Principal Rmpu nt: 5 1,250.00 Name and address of surety: As above MAINTENANCE GUARANTEE Type: Principal Amount; Hame and address pf sun ty: 0.s above TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY • IY N7TYE5G HEAE OF, Lhe parties he roto have caused these presents tP De duly e.ecuted and acknp wledged with all f OrTdlitlQS reeYirQd Dy ldw nn Ch2 daLQ SQ[ fOrLh OppP51t0 thQir signatures. f/ W>ri,2.f'~4dPr'.QTZ61 Date (.'d I-~S SY /, ~li'lr'~r~"•I jl rl ,Oevp toper "-3 gnatur eT`- AUTNppIZEp gOENT RAND/aL2 tJ. LF_,YS$ r:n:'T_E Oa[e DY _._. _.. .Deve 7PPQ' rime AcceD[e d: City of Aancha Cucamonga, C alifpr nia A Municipal Corparatl on ream .I v.rm.rrnml e \rf nr cnuroe,vln tt no~,vn or _5~)L3C3:.1BULG{L,_( ss r)v_. Jun=:y 13tli ,bAere me me =nderuanN.. rvaiN puGL. f .n anJ ler uW m r¢m r rppnrN PdnA dll N'. I2vlF _, ~Iw~un .a bkiM pmrl rl elrM puurtnbp iFn nm+M rM nminm wmmr ud alnoulNaN ro me ~ • ' mn_M wmiN rM vmaor.M mMnnl of u~dpmiunaipMNn uid pmm~NgomrN rM Ume t V'IL1f5 M ' M ,M eI/~ 1 5~` ru~~/ Ap F UN RO1 SO~ G' .. mog 5~..,~.uC~-> ~ I ~ `N _ _ . ~~i _ ~ ~ ' ~ . Rdna ,\. Robinson j n.. Vr9/_ N•m ITeN w Ir~mNl 3 ~/ m. ~.. wum w.w,w CIiY OF AANf,110 CU[A40NCA • Em:if EE n iGG FNCROACI CYENT DERHIT~FEE ~SCIIEOULE Far Imprp venen[: TRACS t10. L3572 pate: p(L45 lc-pi¢:'a bY: tngm <. ;...n '[f OC L\: i.5. R:C. F I'~.e Fe~cren ce: G'.tY Or aw ing No. HOLE: Opes not include current fee lar writing permit or Davement deposits UV A'Ii ICY UlIIi ITE4 PA; ;; 0.°0'J Bi 5,5 z'ca 516 I3'S 33_, 757 30_u 0" J 46 u T l/ _~ l i I =1 t l.F. LP. L.F. L.F. S. F, S.F. S.F. C.Y. C.Y. S.F. S.G. TO'1 iCrl T0:1 70'1 S.F. $. F. $.F. EA. EA. EA. EA. _pcc r.A. L.F. S.F. LF. L.F. Ed. EA. L.f, S.G. iC C.Y. L.F. L.F. L.F. L.F. En. FA. EA. EA. EA. EA. EA. EA. 61. L.F. t:F; En. L.F. S. F. Lf. EA. P.L.C. curb - l2" LF. 24^ gut Ler P. C. C, curb - B" L.F. 24" gutter P.C.C. <ur0 only A.C. berm 4" T.C.C. sidewalk pr ivP appr0 acn B" D,C.C. crass yv ettr (inc. curs) Street a+c av at ion Impprt ed nmpankaent Preparation of su pgrade Crushed agg. base (Der inch thick) A.C. (ovr 1100 tons) A.C. (9G0 tp llGO tons) A.C. (500 tp 900 tans) p. C. (antler 500 tons) A.C. 1J" thick) Patch A.C. (trench) 1" [hick A.C, overlay Adjust sewer nanhole to grad= Ad JU St sewer clean out to gcide AUJ US[ water valves to gr aEe Street lights B arricatles lint er ;nr, SSCO nin) 2 e A" redwood leaner Reeoval pT A.C. pav oment A rnpval pl P.C.C. carp Re-~pva1 al A.C. bern Slrcet signs Ret lee tars and pps[s L on cr ete blo?~ wall 0.et a'n ing vall Agg ragate base Con c.ete strut Cures le" ACP (2CJ0 0) 2A" RCP (1560 D) 36" ACP (2GC0 0) 4B" FLP (1200 G) Catch basin N = 4' Catch basin W A' Catch basin 'd 22' Local depress loo 4' local depr¢ss inn 12' Bunt li nn SF,yG`pr?S.p~ M.11. 6 ADJ Ou ll et struct ur ¢, Std 1506 TO GRAGZ Outlet sb uclure, ;ld +507 6u and poses (;p ii r„ LO LLdR Guard panel (wood) Saao1P^IN P1,P F 61:)iaALL Headwall (dA" .+ing) Aedwnod header L alb scapiny S irrlgat inn ' Roll curb (P,L. C.) A.C. CII Atl i1F,L 10,100 S.P. A.C. 6 ].26 6. GO I. sa o.a0 6.E0 - n,i0 - 1.76 4.n^'.90 L'.0 1 .'30.00 ].40 LEO 1 afl 3.^0 1. r.7 0.:5 3 ]~ 5l.^g - G.m ho .xa 21.00 JS.LO - 46.C0 60.:J 2, 150.00 0.55 - 1.76 0.:0 - 2SJ.OG - ISJ.GJ 7s.9J I OC O.CO 1~0 A I:OP- Sr, :.00 t.a >6,ag G.ls - 7.70 L r.9 200.[0 75.00 25. CO 2O.CJ ].00 4zs.JJ 29 AO 35.[0 e, l'S.:9 49.00 9J]. 00 76.G0 20GO,GO 2500.[0 2,900.x0 A500. CO 500.00 iGJJ. 00 1.900.00 ' 600790 2.159.00 1500.00 - 600.C0 500. 44'r,.4 00 50^.^.n 25,00 ~'OO1,000 .00 1, Cg0.30~ 4onG.n9 - 1,76 - 2.15 - ).60 - Sfl0.00 S~pa,00 ENGINE EA INF ICI SPECIION FEE e2 a 92.00 SUO 70 ipL J_-00 •RE310n A1I OII /OIL IIIE A710N CASH -/romp, COlIf IiGENLr CO6i6 4+_ .Oa OEpOSit (rt EF W104 ALE) FAI 711E UI PEAF ORMANLE BONG (100%) 4y .. 00 NONUMEII iA7I0ta SUA EiY (CASH) ,~0. 4D LAOOA ANO NAFF.R I AI BOtIO (50%) 3l, ]~ .OC •Pursuant !o Clly of Poncho Cucamonga Mnn is lpal Code, Tlt le 1, CAaDter 1.08, adopt loo San Aernardinp County Lade Tllies, Chapters 1-5, a cash restpratl on /de ll neat lan de Dos tt sMll De made Dr for la issuance of 3 ~n9i nenr ing Comlruttlon Permit. ~•,v.' ; fRI TNFUI PERFORMANCE BO NO uRE?~%, 5. !ne ii!y Cpuncii of the Citv of Aancro as p.^.^: State of Calif orn+a, dnC '. - (her in of Qr aes i9na!ed as 'pr iDal^ sna - ',c dgr^?9en ;, x4e reby principal agrees to inst al','~an 0- p-`p late c er:aln f,_stgn aced Dubli< inprovenen*, s, which sa'] ,-. _-•~r Bated 1905. and Id=a•~. pro,'ec[ tract ~ D1 Is ner=b re erree 9o and rage '] ds and, - NNE?EAO, said orfntipal is required upde+ the 'erns of sat] a gr¢emen; [o furnish a bontl far [he faithful perf p'~ance pf adiE agreement. NU'1, iNEAE FORE, we the principal and Cere'u-•^s •-~- -- --,.~ as surety, are !geld and firmly bpuntl unto ;h-~~~= x, .d ~~, ~p Cucamonga ;hereinafter salted "City"), in thQ penal sur co-tr- seven thousand, ffve huntlred anE nine [y -fpu~ ana 00 /177 •CO:larz (Sa 7, i9a,00) lawf vl mpney of the United Slates, fsr the oay~en[ of Which sum well and truly to be made, we Sind ourselves, Dur IIeIfS, sUCCeS50f 2, eXeCV[Or5 dntl ddml n152fdtJrS, ,71^['y dn] severally, firmly by these presents. 7b¢ condition of this obligation is Spch Chat ,f fne aSpve b punted prince pal, hfs or its he'.rs, executors, ad~1 n's :+atDrs, S a[Ce55ors pf dsSlgnS, SM1 del In del [M1lOgi Stdn] :n a0d ab'C° ]v, and hell and truly keep antl Derf prm the covenants, eoneltl drs and pravizio ns in the said agreement and any ali¢r attar ther_sf ~a^._ d$ [herein provieed, On 1115 DY thQ if pdrL, LO by <ept aqE per/or^.ed at the time and in Me manner therein sped `tee, anE i all rospec is according to their true intent ane eeanln-, an'. shall in]e mni(y and save harmt ass City, its officers, dg era ant e m0loyees, as therein sti pula[ed, [hen this ob;:9a;',or shill', become null and vote; otherwise, it shall be an7 ^¢main ~n fuI' farce and eff ec[. As a part of the ob7i gation se co •^" hero±y and ~n to :':'e: ;~ [he 1dCe dTDUnt SpeCifiQd ;hQrefpr, :1ere Shd~l SQ `n C'JG?: casts and redson able eepen ses and fees, inclJCi ng reasondhle at ;;+,ey~s (oes, incUrrPA by CI tY in SucCQSSf'J71/ enfn'c inp- 51.h D[1'~3:'Dr, all to be taxed as costs antl tec WCed in any ;ue9 n¢nt r„ ,-.ad. TM1e surety hereby stipulates and agrees M at no cFin ge, e a't ensign of time, al [era[ipn pr addit!on to the t rns of ;ne agreement or to [he work t0 be performed thereunder pr the spec'- fications accompanying the same shall sn anywise of `act its obligations an Ch is bond, and it does hereby waive notice Df any such mange, ex[enston of time, alteration or aEei tton to the Cerma of the agreement pr t0 Me work or Co the apeCiftfitipna. I4 'd ITN ESS 'dR ERE OF, this instrun^+t has Seen dJly executed by the principal and surety above named, on - 19d5. ' 17eve gear ~^`. ur=_y-_. - /i talgn azure AUTNORIIED RGFNT ~~ttor r.=v-In-.act, ~av:e 3anfar PLERSE ATTACH POXE0. OF giTORNEY TO ALL BONDS SIGNATURES NU ST 8E NOTAR 12 E0 ~ 39 LABOfl AND MA iEAIAIMEN BONG rerfv r~ NxER EAS, [he Lily Council of tho City Of Ptncho PJCanocya, State of California, and t. a ce r.=r~' -ar:re •s'^.iP (hereinafter designated aa -I'a•~~n c~pa~~' nave en:ar=c n;a an ogre e'rent whe-ehy arncival ?gr=es ^.0 ~nsla:'. av] ;c>'e;= cert aan tlesi goofed Puplic imprOV er_n[s, whi c'^. sa'd ag-==-,e n:, tlatetl 1935, an.^, i _ as pro~er, ru; .e0/. a nerepy rer=-..d to hereof; and ~ --' - "' ' h'N EgEAS, ender :he terms of said ay reeYen :, Orinn,.al a re C'aired pef Ore entering upon the pe rf Ormance of Che . ;rx, tC file s 90Otl and sufficient payment bond with the ri. ty Cf pant^c CuCdTOnya t0 se C'J r2 Che CYdimS 20 wpi:h ref+,^e~ct 15 _ , Title IS (cOim encing wf th Sec[i0n 30921 of ?art d of ]'v'as. oY 3 of She Civil :ode Of the State Of Lal ifo-ni?, NON, THEAEFOgE, said principal and the undersign ed as cprDOrite surety, are held ffrm ly bCUntl ant0 the Lity o` qd^.ch0 Cucamonga and all cvOiractOrs, subcOn[rac ;ors, laborers, ~a:eri?' men and 0th er persons emplDyed in Che perf crTdnce afaresafd ayreem¢nt and ref err etl to fn the of Cr esatd 'ode ~^ CiViI Pf OCed urB in the SUm pf THent y-;hrCe Lh0 p5 ?nC, 59 /:', huntlred aM nicety-seven and 00/I00 Dollars (S27,J97. LC', fp- materials fOrniShed Or le0ar thereon of any find, or for +.-,C Unts due antler the Unemployment Insurance Act with resOe cT !e sOCh NOrY pr ldlO r, thdt Sdid SUYe[y will pdy Shp Sd9e an :TO U'It not exceeding the amount herei nabove set forth, an; ~a~.so case suit i5 br0'Jg ht upon thfs bond will pay in ad di[i0n to ;hs! face amount thereof, costs and reasOnah ie expenses and fees, i^o'. idinv re dspn aS :e aY.prney's fees, incurred Oy Ci[y iY sYCCes zfvily en/prcing such obligation, to De awarded and fixed by the court, and to be taxed as costs an0 :p be incivdetl in the jOd .Yen; • therein rende re0. It is herepy expressly stloul ated and agreed :hat tn's boot shall inure to the ben efia of any and a'l oersOns, cony to+e5 ?nd cprporatipns enti [1 ed ;p file claims under ii:le t5 ;cp-nencing with Sdctipn 7032) of Part 4 Of DivisOn 3 of [he Civil Cod^, So as t0 give ? rigpT Of do [ion t0 them Pr their assigns in any sus; brOV9hf upon [his bond. Shou'tl the con01 flan of this bond he Iv'ly o=-fC•-e; ;he^ this obligati en shall hecp ne nu`1 and void, C:herx`se it to ai' Se and regain in full force and effect. The surety hereby stfpulates and ayrOes th?'. n0 ;n do ;= ex;ensiOn of time, alteration or addition tp the ;e^TS Df sat. agree Tent or the spe<if is atipn5 accOTpan yiny the s?ae shall in any Tanner affect its obligations on this bond, and is foes here- - -- I by 'naive notice Of any such change, exta r,s ic:•„ alte-a:ion Or adtliiion, IN 'A RRE99 ANEgEOF, this instrunent has peen duly exec: L==: bq ;he principal and tar ety a0are name'., on I93i. t ~9n azure AVTI/DRIZED AGENT '-• ~[arne y-~,^-r ac.,'~-~ PLEASE ATTACH POKER Of pTTOq NEY TO ALL BONDS SIGNATURES NUST BE NOTAAIZEO • y0 suamvlsion GUARANTEE NO PERFORNANCE (SETTING OF F[NAL MONUMENTS) CI Cy CDUntil City of Rancho Cucamonga P. 0. Sox BO] Rancho Cucamonga, Calif or.n is 91770 Gentlemen: Pursuant fo EhdDt er 0, Art is l¢ 9, Section 6649] pf the Govern men[ Code, the undersigned hereby agrees that all monum en [s shorn on the final map o/ Tract 12672 are to be set and furnished by the subdivid er's engineer or surveyor pn ar bet are as specified in the En9ineer•s ar urveyor•s er +c ate an agrees to furnish th< notes thereon tq cqm Dtete alt engineering requirements specifie0 in Section 6649], of the Gav ernment Code. The undersigned hands yqu herewith the sum of f :,250.00 as a cash deposit, said deposit to guarantee ih of Lhe man ua era wilt be set and the notes /urnish ed aS above pr vvfded an nr before the Oate specified and that the engineer or su rve ypr will be paid by th< and erslgnee. It is further and ersfood and agreed that in the event [he undersigned (ails to complete the above repui remen is witnln roe time specified, the City of Rancho Cucamonga is authorized to • complete said requirements or cause them to be cgmpleted and ;he cost thereof Is to be a charge agal nst saf0 cath deposit, and the C itY of Rancho Cucamonga is au th oriEed to make [he necessary V ansf er from said cash deposit t0 the credit far the prcper city /und. It is further agreed the[ i/ the undersigned does no[ oresen; evitlence to the Uty Council that he has paid the engineer ar surveyor for the Setting of the final monuments, antl :f the engineer or surveyor gives the notices pre scriSed in Section 6649' of the Government Code, the City shall pay to said ergs nee or surveyor, the cash deposit herein made. if the cost o/ completing said requirements etteeE: ;he a-ou+; pf Che cash tleposi c, the undersigned agrees [o pay the difference within thirty (70) days alter receiving written stat_m¢r.t /rom the Ci[y of Rancho Cucamonga specifying the anount of the difference between the cash deposit and the actual cos[ of safe requiremen[s.~ WlStY,QlJ pQoClOzlt Cordially, //~~~'~'lity V!a~ ~1DTIIDNi2ED AGENT Has to rn Prooer ti es Sutdiv ider peeress inland f4 n1)R6 Daee (o-21-SS The depositor pf record (for return of any portion of the casn deposit) shall be Name dtl re ss ® NOTE: TO DE SUBM ITTEO FULLT FILLED OVT AND SIGNED Y/ RESOLUTION N0. EOF=17=fl3FC .i ~ ` ~ 3 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ANO FINAL MAP OF TRACT N0. 12672 'WHEREAS, the ientat ive ?dap of Tract No. 12672, consisting of 128 units, submitted by Lewis Homes, Subdivider, located at the southwest corner of Terra Vista Parkway and 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 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 far approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ran rho 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 far dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 17th day of July, 1985. AYES: NOES: ABSENT: on i e s, 4ayor y1 ~rmv nc o . vrun rrr aa,rrn*r_a STAFF REPORT OAiE: July 17, 1905 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician .~~~~~ L~~ y ~~. o-' ~ Ilz Iz • 1907 SUBJECT: Approval of Bonds, Agreement and final Map for Tract No. 12670, 12670-1, 12610-2, 12670-3 and 12670-4 located on the south side of Base Line, east of Spruce Avenue submitted by Lewis Homes Tract Nos. 12570, 12610-1 thru 12670-4 were approved by the Planning Commission on Fehruary 21, 1985, far the division of 23.06 acres into 154 lots in the Low Medium and Medium Residential Development Districts located on the south side of Base Line, east of Spruce Avenue. The Developer, Lewis Homes, is submitting an agreement and bonds to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond :..... .. ...........E829,953.00 Labor and Material Bond :............ ......E414,977.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water Oistr ict. C.C.&R.s have also been approved by the City Attorney. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract Nos. 12670, 12670-1 thru 12670-4, accepting said bonds and agreement and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. R~ecyfully sub~//tt~ed,~-y (r r~/ ~"-" ~/ LO L~o Attachments y3 CITT Of RANCHO CU CR MON GR IMPROVEMENT R6R EENENT F00. TR RCT NOS. 12670, -1 TNRU -4 C.`ION ALl NEN BY THESE P¢ESEN iS: That this agree men: is made sod entered into, in coot pro ante wi :h the provisions of Che Subdivision Nap Act pf the State of Laliforni a, and of the applicable Ordinan res of [be Lity of Rancho [uc aaonga, California, a municipal corporation, by and betty xen said City, Nerelnaf ter referred to as the City, and Lewis Homes of Lalifo ramie Vanoral nartn_r chin hereind ter re erte~ fo as e De eloper, NITNESSEiH: iMAi, NNEREAS, said 7eveloper desires to develop certain real property in said City as shown cn the cpnditi on ally appnved subdivision knc wn as Tract Nos. 12670, -1 thro -a; and NHE REAS, said iffy nos established certain requir=men is to be met Sy said Developer as prerepvi site to approval of said su bdiv[sian generaily Located at south of Base Line, east of Spruce. NON, THEREFORE, It is hereby agreed cy said City and by said Developer as follows: 1. The Developer hereby agrees to constr vct at Developer's expense all improvements described on Page 6 here- . pf within twelve months frgm [he effective date hereof, 2. This agreement shall be effective on the dare of the re5olut ion o/ Me Lpuncil of said Lily approving this agreement. This agreement ;hall be in default on the day follow- ing LhC first apnlY°rsdry ddle pf Shcd dpp rOVdl Vn less 3n eLLen- slon of Lime has been granted by said Lity as herefnaf ter provid- ed. ]. the Oevel oiler may request an ertensinn Jf time to complete the terms here o~. Such request shall he su bmi[ted [o the City in writing not less [h an 3O days before the erpirati on dace hereof, and shall contain a statement of circumstances necessitatf ng the ea:ensinn of time. The City Shall have the right to review the pr ovisipns pf [his agreement, inclv7ing the construction standards, cost estimate, and imor ovement security, and to require adJ ustmen is therein if any substantial change has occurred during the term ne roof. 4. If tTe Oevelpoer tails cr ne glecis to comply with the provisions of This eg reement, the City shall have the right a[ any time to cause said orovi sions Co be met by any lawivi means, and thereupon recover from the De veloFer and/nr his surety the full cost and ego en se incurred. 5. The Developer shall provide metered water service to each lo[ of said development in accorAance with the reguiation s, sche d~nles, and fees o/ the Luc amonga Leunty 'dater District. 6. the Developer shall by responsible for replacement relocation, or removal of any cp mponevt of any irriga[ign water' system in conflict with construction of required improvements to [he satisfaction of the City Engineer and the owner of sucn water system. -1- YY 7. Improvements required to be construe teE shall conform to the St and and Drawings and Standard 6oetific ations of the City, and to the improvement Plan approved Sy and on file in the office Of [he Eity Engineer, Said improvements are [aSpl ate] On the Lons truck on and good Estimate, hereby incor0or ated on Doge 6 hereof, az taken from the improv emenc plans listed th erean Dy nwaDer. The Developer shall also be res DOnsible for cons[ruc- Iipn Of any transitions Or other incidental Bork Deyond the tract boundaries as needed for safety and proper surface drainage. Errors or pmmissions dtscovered during constru ctin shalt De corrected upon CHe dt rec lion of the Lity Engineer. 0.evi sed wp~i due to said plan modifications shall De covered by she vrovisi0ns of this agreement and secured Oy Me surety covering the original planned works. e. Construction Dermits sH al'. be obtained by the Developer from the office of the Lily Engf neer pry or to start Of work; all regulations listed thereon 5h all De observed, with attention given to za lety procedures, control of dust, noise, pr other nuisance tp the area, and to Droper noLifica lion of public utf cities and City 'Departments. Failure to comply ~eitH this Section shalt De spbject to the penalties provided therefor. 9. The Developer sH all be responsible for removal of all Loose racks and other debris from public rights-of-way within Or adjoining said development resulting from work relative to said development. t0. Nork don¢ within existing streets shall be diligently pursued to completion; the City shalt have the right to complete any an0 a71 work in the event of unjustif led delay in • cpmpletf on, and [o recover all cost and expense incurred from [he oeveloper and/or his contractor by any lawful means. IL Said OevetoDer shall at all times following dedica- tion of [he streets and easements in said subs dlvisi on, uD t0 the cpmp!e[iDn and acre plan ce of said Bork or improvement by said City Council, give good and adequate warning to the tr aveiing pu Dlic of each and every dangerous condition existent in said street Or Basemen [, and will protect the tr avellnq Dubl is from such def¢ctive Or dangerous cOndtt ion s. Until the completion pf all imDr ovements, Here!n incorporated on Page 6 , to De per/ormed, each of said streets not accep led as impravem en[s shall be under the charge Of said Developer. Saitl Developer may Close all or a portion of any 5[r¢et sub$¢ct to [he conditions con Coined in a temoor ary street clOSUre permit, issued by the City Engineer, wh¢never It is neteis ary [o protect the public during the cp ns[ructipn of the Improvements herein agreed to De made. I2. Parkway trees required to be Olante0 ihatl Oe Olanted by the Developer after other improvement work, grading and cleanup has been completed, Planting shall be done as Drovided by Ordinance in accordance witn the 0lanting diagram aDDrgved by the City Community Development OirectOr. THe Developer shall be responsible for maintaining all trees planted in goad heal M until the end of the guaranteed maintenance period, or far one year after planting, whichever Is Later. 17. The Developer 1s responsible far meeting alt cOndf- tions established Oy the City pursuant to the Subdivision Map Act, City Ordi antes, and this agreement far [He development, and • far the maintenance of ati improvements constructed [Hereunder -2- r'~~ ys until the improvement is accept ee for maintenance by the Lity, and no improvement security prpviaea hereinwith shad be release0 before such acceptance unless otherwise provided and authorized Oy the City Council of the City. l4, This agreement shall not terminate until the maintenance guarantee security hereinafter described has Seen released by the City, or until a new agreement together with the required improvement security has been submitted to the Lity Dy a successor to the herein named, and by resolution of the Ci[y Council same has been accepted, and this agreement and the improvement security therefor has Eeen released. 15. The furor ovem ent security to Oe furnished by the Developer wish this aqr Bement shall cpnsist of the following and shall be in a form acceptable by the City Attorney: A. To secure faithful performance of this agreement. 1. A Dond ar bonds by one Or more duly authorized corporate sureties in the form antl content specified by Government Code Section 6fi499,1. 2, An Imp ravement Security instrument in the Iorm and content specified by the City AttO rney. 3, q deposit wiM [he City of money or negotiab ie tiands of the kin0 approved for securing deposits of public monies. B, To secure laborers and materialmen: 1. A Oond ar bonds by one or more duty authorized <prpor ate sureties In the form ana content • specified by Government Lode Section 66499.1. 2. An imp ravement Security Instrument in the form and content specified by the Lity Attorney. 3. A de0 osft with City of money or negotiab ie bonds of the kind approved for se<urfng [. A cash deposit with the City to guarantee payment by the Developer t0 the engineer or curve ypr 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 [p the Lity, the amount of Me deposit may be any amount certified by the engineer cr surveyor as acceptable payment in fu 11; or, if no value is submitted, the cash bond shall be as shown On the Construction and Bond Estimate cnntatned herein, Sa1d cash deposit may be refunded as soon as prOCe- eure permits a-ter receipt by [he Ltty of the centerline tie notes and writf en assurance of payment in full from the engineer or surveyor. 0. The required bonds and the principal amounts thereof are set forth on page fi of LMS agreement. l6. TAe Oeve lop er warrants that the improvements described in this ogre empnt shall be free tram detects in materials and workmanship, Any and alt Oorti0n5 of the•improve- ments found [o Oe defective within one (1) year /ollowing the data on which the improvements are accepted by the City shall be repaired or replaced by Developer free of all charges to the Lily. the Developer shall furnish a mal oleo ante guarantee security in a sum equal to ten percent (loi) o/ the con5[ruction estimate or f200, 00, whf rr hever is greater, to secure the (allot vl performance a/ Oevetoper~s obligations as described in this Oara- graph, The maintenance guarantee security iha11 also secure the f al thf ul per/orm once by the Deve toper of any pbligat ton Of the -3- H~ Developer to do specified work with respect to any parkway maintenance ass essmeot district Once the improvements have been a ttep Vd dnd d mdl0tendpce '.JUdrdn tee SeCUriLy hd5 beep dCC ept_d by the City, the other improvement security dascriDetl in this agreement nay De released provi ]ed that such rol¢ase is otherwise au[hori ixd by the Subdivision Map Act and any appiicabi¢ Ci[y Ordinance. 17. That the Developer shall take out and maintain Such public liability and prpDerty damage insurance a5 shall protect him and any ro ntractor or Subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature pi the work or from operations under this agreement, whether such operations be by himself or by any con [r actor or subcontractor, or anyone directly or indirectly emp la yed Dy said persons, even though such damages be not caused by the negligence oI the Developer or any contractor or subcontractor or anyone employed by said persons. The public liabi lily and property damage insurance shall list the City as additpn al insured and directly prof ect the City, its officers, agents one employees, as sett as the Developer, his contractors and his fubcpnSrac[ors, and all insurance policies iszu ed hereunder shad so itdte. The minimum amounts pt such insurance shall De as follows: A. Contractor's Liability insurance prov5ding bodily injury or death liability limits of not less tha 5300,000 for each person and 57,000,000 for each accident or occurrence, and property damage Liabil- ity limits a1 no[ less than 5100,000 for each acct- • dent or occurrence with an aggregate limit of 5250,000 for claims which may arise /rpm the opera- tions of cne Developer in the performance o1 the work herein provided, 8. Automobile liability insurance covering all vehicles used in the performance of this agreement Dro vi ding bodily injury liability limits of hat less than 5200,000 for each person and 5300,000 far each attident or occurrence, and property damage I'abt lily limits pf not less than 550,000 for each accident ar occurrence, with an aggregate of not less than 5100,000 which may arise from the opera- tions pf the Developer or his contractor in perform4ng the work provided for herein. 18. That before the eaecution of this agreement, the 0ev eloper ih all file with the City a ¢erttf lcate or certificates of insurance covering the spec died insurance. Each such certil tc ate sh ati bear an endorsement Drec lading the can cet lotions, or reduction in coverage of any policy evidences Oy such certi/teats, before the e.tpiration of thirty (30) days after the Cf ty shall have received noti /tcation DY registered mail from the insurance carrier. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has subryitted the (allowing describes Improvement security, and has affixed his signature he rBtO: • -4- (1~ ~ v7 FpITNFUI PERFORMANCE Type; Principal Anpunt: 5829,953.00 Mane and address of surety: Cevelacers In su rcnce Cc~,oany 333 Hil shi re. Ana heir, Cn 92801 NATEflIAL PNO LABOR PAYMENT Type; Principal Amount: 1419,977.00 Yame and addr_ss of surety: As above CNSN DEPOSIT NOMUNENTATION Type; print{pal Amount: 58,850.00 Mane and add re 55 pi surety: As above MAINTENANCE GUARANTEE Type[ Principal Amount: Name and address of surety; As above TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITT • SN NItYESS HEREOF, Lhe parties hereto have caused these d and acknpwted ged with all t t presents y execu e [o be du i formalit r ies re4ui red by law pn the dates set forth opposite the signatur es. LE us-S w/~T EC OF GArs/~Ga°H ~~ Date (0~ ~~ ~~~~ ~ ~~~ ~ '~ ~ ,Developer -.21-85 by - - "i STgna ure pU f THOp12Ep AGENT Ewrt QRHD A r " P niece Date by ,Developer 9n attire Accepted: Efty of 7ancho Cucamonga, Calf /ornia p Municipal Corporation Inamr nl p.nnenniel tidiF OF UtIIOSNU Cf1U NTY or SA! UERYA0.0 t\p ~ } 55 1 ~_ June 11, 1985 _, helve mm, me ..em~pna. r rvaun pobbr • T i .nd Iw ud n e, perNnulr .ppnM Randall N. LeVl9 i Np~n ro mp re 4iM exenrlrl of iM punenNO l hnaMIN IM Min xrlrvmmr YM xlro~INpdb mr s i5n-M1e__ntrvMiM wme lw rM m kArll of nod purmMiE IM NUpb pummaip nenW Weem. vITN65 m5 ~+M rM elLOpl uel 1 ~' / (i _ MNC1.11 wei _~ O ~ ~? ~ see ~i.n_.:L3~~__C c _ B NA p. ROF'NS~N ' = Edna A. Rob lns u..Y ~ +n+.i ~^ Yt[wmnwi4 Wr ; _ Nm ITrpM n NmIMI _ wb lr IwS 1'~ti. y s a.~..,..w,.,..iM E n qE St • [IlY OE RnN[110 CUCnHpNGn ExcIxEEB Ixc B1vlsloN ENCROA[IMENt PEANit EEE SdIEOUtE Fpr Imp rpv¢me nt: Tft. l26]0-1 :n ru -3 Odte; Jnne ZT,-T735Zpmpu a. y; M.IDOLE 5 .155^C. File A. ¢renc e: f. ity Ordw lnR Eio, 35~ NOiE: floes nn! include currenk fee /or wrlling perml! or pavemen! deposl is >BS L.F. P. L.t, otrb - it c.F x:z4" gptker 1. is 5, 69L 30y1]1 LF. P.C.C. curb - B^ C.F. 2A" qu lter 6.00 61 062 e xZ L.F, P.C.C. curb poly 5.50 , 2J 916 L.F. A. f.. berm A. 50 . ~6 S.F, A" P.C.C, sidewalk 1.15 Si, 328 13. Ogj $.F. Or lve aDproazh 2.50 ~l SOS S 600 3-6' U-05 S.F. C B" P.C.C. cross 9ntt ¢r (Inc, nvh) J, AO C~p , .Y. StrP!t YCdVALIpn d 1.5(f ~ [p ~~ [.r. Imporl e embankment Ls0 93.119 _ S. F. Prepay at loo of subgrade 0.15 -p,"~, ]-g- ~9 HY ' S. F. Crushed agy. base (per Inch th ic4) O.OI 5 309 TO ,77Z.2 fON A.C. (aver I7aJ tons) 21.00 . ]81.129 __ rOtl n.L. (900 to IJ00 tons) ]5.00 i0N A,L. (500 to 900 tons) A5.00 fON A.C. (under 500 tans) 60.00 S.F. A.C. (J' thick) 0.55 __ S.F. Patch A.C. (trench) (, 15 S. F. 1" th lck n. C. pv¢rlAy 0.70 ~~ En. En nd In st sew¢r manhole to grade 250.00 6 000 _ , nAJust s¢wer clean nvt lp grade 150,00 29 - - En. 4djn st water valves to qr ade. 15.00 2 I_ ~ En. Slree! lights Ippp Op 3 kT&.EA. Barr is ades (Inlers¢c. l500 min) L00 L.F. 2 a 4" redwood header 1 15 500 1~ 7T S. r, Rrmpvdl ai n.C. Dawm¢nt , O. JS ~7Bb- l,F. A¢moval of P.C.C, curb J Jp L.F, Remnvdl of n. L. berm , 1 00 -'-' IJ En. Street signs . 200 00 ~b- __ En, Rell¢c In rs And antis . 75.00 __ L.F. Co nc ne to block wAII 25.00 --- __ S.F. Reldin lnq wall 70.00 __ 10N ng9r¢gA to hate 1,W _ C.Y. [oncrele sir uc turps A25 P] 1.0 L.F. IB" RCP (2000 01 . 29 pp -q--~~- 6pJ L.F. 2A" RLP (I5fi0 0 75 00 ~7-dil-' alo LF. l6" ACP (2000 0~ . MB: W( 41. 00 -['2~L~- __ L.F. AB" RCP 11200 0) 76 00 a 2 EA. Fn. Catch bas In N + M s5' Catch hAS In N - Nk l ' . 2000.00 0.000 1 FA, o CAlch 6A5In N YY' I q' 2900.00 NkBO®%OJg500 app 00 J ~_ En. Local depresslnn n~ soo oo . 500 -r `a~r>r- _ En. Local Jeprasslpn 12' . IBG0. 00 , J oOo En. Junction stnmture 5000.00 , Tp~p ' __ En. Outlet stn,c tore, $Id /506 1500 00 __ Fn. Outlet 54uc lure, $ld 1501 . 500.00 _ f4 Gn and posts qp pp ~- L.F, F L Guard panel fwnOd) , 25.00 . . SAwcu! 2.00 ~BO- EA. IbadwAil (AA" wing) AOn0.00 44 721 L.F. Aedeood h¢dder IJS -~-- S.F, Ldndscan lnqq y Irr lgat inn 2.75 LF. Roll curb IP.C.t.) ]. SO Si En. Street Trees 100.00 - ~^ EM5I NE EB ING UISPECf10N • F(E $J 3.B 27. I2 Sp0 i01n1 5]54 507 AF$10n AilON/O EIINEALION f,A5i1 CONiI NGFNCY COSiS , NONUMF Nini jONF SUAEJTE )C f ASII) A„^.57.77 tA111P UL PE RF OnnnN(E BoNB (IOOi) 1~5 450 839.951 LABOR AND MAC ER InL BONG (50%) ,~q iq,gyq aPUr suant lp Clly of Rancho tucamooga Nan is lpal Code, 11l1e l / O¢r dl Chap!¢r LW adapllnq Sa ~`. nar nn Cou ~ 7~ hn madn nrlnr nty Cnde In l a , Hues, Chapters 1-5, a cash restprellon/dellnNll on d / n epotl! shill eaun ra n An ton innnrlnn rnn+s.u. N,,, n • _..,v .~.. 9:2642.. :. ..-aum: 3u,9dC.CC FAITHFUL PERFORNAN[E RONO 'NMEREA9, the Lity Council of [he Lity pf Rancho Cuca~o~?a, State of California, and Lewis Mores of Cal'Pornia, ? rpne r?1 oa rtne •s nio (hereinafter designated as 'pr mcipa " have entered into en agreement whereby pri ncipai agrees to install and complete certain designated pu hilt improvements, which said agreement, dated l90 and identified as prpjec[ ~rac[ Nos. [hru - is hereby referred [o and maee a part hereof; and, NNEREAS, said principal is required under [he terms of said agreement to furnish a bond far [he faithful Derformance pf said agreement, NON, THEREFORE, we the principal and ^ v 1 -e as surety, are held and firmly bound until t e fifty a ancnp Cuc a~a onga (hereinafter called "City"), in the penal sum of Eight Hundred iwent y-Nine Thousand Vine Hundred Fif [y-Three and 00/100 Dollars (3829,953. D0) lawful money of the United States, for the payment of which sum sell and truly to be made, we bind ourselves, our heirs, successors, ezecu tors and admfnistra[ors, jointly and severally, firmly by these presents. The condition of thi• obligation is such chat if the above bounded principal, his or its heirs, ezecu tors, adm inl stratprs, successors or assigns, shall in ail things stand to and abide by, and well and truly keep and perform the covenants, conditions and • provisions in the said agreement and any alteration thereof made as therein provided, on hfs pr their part, to be kept and performed at the H me and in the manner therein specified, and in all respects actor ding to their true intent and meaning, and shall Indemnify and save harmless Ci[y, its olfi cers, agents and employees, as therein stipulated, then this obligation shall became null and va id; oche rwfse, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the fare amount specif led Cher of Or, there shall be included casts and reasonable a+oenses and fees, inc tudf ng reasonable attorney's fees, fncurred by Lily in successfully enforcing such obligation, all to be taxed as costs and inclvd ed in any judgment rendered. The surety hereby stipulates and a9^ees that no change, eatensipn of time, alteration or additipn to the terms of the agreement ar to the work to be performed thereunder or the iDeci- iicatloni accompanying the same shall 7n anyw ize affect its obligat(ons on this bond, and .t does hereby waive nptice of any such change, ezten Sian of time, alteration pr additipn to the terms of the agreement or to the work or to the specffic at ions. (N N(iNESi NNER EOF, this instrument has been duly ezecufed by the principal and surety above named, on J::ne 20 to 1985 ' eve oiler I(~surety ~tr ~._~ %~ ~ f ' L'/'h 'r, igna lure AUTHDRBED AGENT ttprne n- a<t avltl C. ~an ler PLEgSE ATTACH POKER OF ATLOANET TO ALL BONDS SIGNATUA ES MU Si BE NOTARIZED j0 _<na _ _ LABOR ANO MpiERIALYEN BOND .~.a'• NHE3:AS~ the City Council cf th< :i ty pf aancho roc dnong a, State of Ca.i/ornia, and Lewis Pc res o' r mia, a :e^.=.al ca rtrgrsnip~ (hereindf ter designated as "prtnc :paw" -have ?nte red IoW an agreement ~aher<hy principal agrees to install and <pmolete cert a+n designated pull is cap rovere nts, wh i:h sa'] av^e<~e^„ dot<d :03 aM i1° t' :=C as pro;eci .ract ';o s. ,-"oT ,~f vru :y is here~v r9f e•r^in tpLdnd T ddC 3 pelt 11Qf sofa dOtl 'd MERE dS, under the t<rms of sai0 agreement, principal i5 required before entering upon the pe rfprman ce of Chp apr k, ;o file a goad and wff icient payment bond with the City pf Rancryo Cucamonga to secure [he claims to which referent= is mare in Title 15 (commencing with Sec ciao 3032) of Part S pf Divi scan 3 pf the Civil Cate of the Stale of California. NOA, THEREF 00.E, Said principal ant the undersigq_; as a corporate Surety are held firm ty bound unto the f,i ty o` ?ancryp Cucamonga and ail contractors, subcpnir actors, laborers, ma'=_ri a' men and ocher pe msans employed in the perferaance of the aforesaid agree Went and referred to in the aPor=said :ede p/ Civil Procedure in the svm pf FOUr ;:;: r.dr ed Fourteen Thous ant Nin< Hundred Seventy-Seven Dollars (26?4,977,00), for materials f urnish<tl or labor Cher_on of any kind, or for amp unts due under the Unemployment Insurance pc[ with respect [p sp<h Work or labor, that said surety wi 11 pay the same in an amp~nt not exceeding the amount here'- opus set forth, and al ;p cis< suit iT brought upon [his band : ~, I1 pay in ad di lion to the fate amount thereof, costs and rea spnaple expenses and Zees, inclvdfng real ondble a[[O me y'a fees, incurred py City in srz: essfully enf arcing such obligation, to be awarded ant fixed by the court, • dnd tp be taxed as costs and to be included in the jut Brent therein rendered. IC is hereby expressly stioui at <C and agreed the: fn's pond shall inure [p the benef i[ of any and all pe rspns, c>^a ant<s and corppra[i onz anti fled to file cl airs under Titl_ li (cp^re ncimg with Section J032) pf Part 6 of Oivison 3 pf the Civic Code, so as to give a right of action [p then or the'~r ass~grs in any svi: brought upon this pone. Shpulf the condi ;ion of this bard S^ 'v':y t ^f pr-, d, :hen tots obligation shall berme null and vo td, vt'n ere~f;a R shalt Se and remain in foil farce and effect. ins sorely hereby Stipp Cates ana agrees toot np :a ange, extension o/ tine, alteration pr addition ;a the . rms of said agreement pr roe sp<cif ice [ions accomp amying the sa^~< shall in any man her affect its obligations on this hpn d, and i[ Coes here- by Xaf ve notice of any such change, extension, alteration or aeeilion. the IN 'HI T'iESS 'dHE7E OF, this instrument has been duly exe<u:ee by principal and surety above Waned, pn 399= -' - 1 'yap _rl. ~^a e _ty l>>gna.urel AUTMOflI1ED AGENT l [tor^.e y_;n-r attl .a...... -ant ~•r PLEASE ATTACH POKER OF ATTORNEY TD ALL 00X05 SIGNpiURES NUST 0E NOTARI2E0 • S~ SUBDIVISION GUNRNXTEE NO PER FORMNNLE (SETTING OF FINAL MONUMENTS) Lity Coun ci7 City of Rancho Cucamonga v. o. aax so7 Rancho Cucamonga, [allfornta 91730 Gentlemen: pursuant t0 Chapter 4, Article 9, Section 66497 of the Government Code, the undersigned hereby agrees that all monuments shown on the final map ai Tract vas. 12670, -1 thru -4 are to De set and furnished Dy the subd;w;aers engineer or surveyor on or be/ore as specified in the Engineer s ar urve yor~s ertf sc ate an agrees to furnish the notes thereon to <ompl ete ail engineering requirements soeciff ed in Section 66497, of the Government [ode, The undersigned han AS you herewith fhe sum </ f 8,950.00 as a cash deposit, said deposit to guarantee that the monuments wilt De Set and the notes furnished as above provided on or before [he date specified and that the engineer or surveyor rill be paid by the undersigned. IL Is forth er und<rs [OOd and agreed that in the event the undersigned falls to cpmplete the above requirements within [he Lime specif i<d, the City of Rancho Cucamonga is author lied to complete said requirements pr cduse them to De completed and the . cost [hereof is to De a charge against said cash deposit, and the Lity of Rancho Cucamonga is authorized to make the necessary transfer tram safd cash deposit tp the credit far the proper city fund. It is Porther agreed that it the undersigned dpe5 not present evidence to the City Lpuncil that he has pall the engineer or surveyor for the setting of fhe final monuments, and ff the engineer or surveyor gives the notices prescribed in Section 66497 p/ lie Government r, ode, the City shall pay to said engineer or surveyor, the cash deposit herein made. If fhe cast o/ completing said requirements eu eeds the amount of the cash de DO Sit, the undersigned agrees to pay the difference within thirty (30) days after receiving written statement from the City o/ Aancho Cucamonga specifying the amount of the dlf /erence between the cash deposit and She actual cost Of said requirements, etas Mmis ow eA~zro+e+fi C or diallY.' ~,rr'lr l~ri ~1 'l'r ' AUTMORI2ED AGENT Lewis Npmes of [alifo rnla SvDdivider 1156 North !buntain Avenue. P.O. Box 670 Address oats (o -2/-YS The depositer of record (for return o/ any portion of the cash deposit) shall be NOTE: TD BE SUBMITTED FULL'/ FIllEO OUT AND SIUNED • RESOLUTION N0. f~=93ft~ a~ ~ «~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NOS. 12670, 12670-1, 12670-2, 12670-3 AND 12670-4 WHEREAS, the Tentative Map of Tract Nos. 12670, 12670-1 thru 12670-4, consisting of 154 lots, submitted by Lewis Homes, Subdivider, located on the south side of Base Line, 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 Suhdivision 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 offering for dedication for public use the streets deiine ated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on hehalf 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 CSty. PASSED, APPROVED, and ADOPTED this Ilth day of duly, 1985, AYES: NOES: ABSENT: on a s, ayor j3 DATE: JulylJ, 1995 • T0: FROM: SUBJECT: CITY OF RANCHO CliCAMONGA STAFF REPORT City Council and City Manager v`O CCG,11pV 9 i`~~ ~, ~ ~~- °!' x f ~ I~> Lloyd B. Hubbs, City Engineer Authorization to Seek Bids for Carnelian Street Beautification Project Attached for Council consideration and adoption is a resolution approving the Plans, Specifications and Estimates for the Carnelian Street Beautification Project, Base Line Road to Banyan Street and authorizing and directing the City Clerk to advertise and receive bids. RECIXMENDATION It is recommended that Council approve the attached resolution approving the Plans, Specifications and Estimates far Carnelian Street Beautification and the advertising of bids for said project. Respectfully sub 'tted, J LBH:j a Attachment S/ RESOLUTION N0. As -'~'''' • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "CARNELIAN STREET BEAUTIFICATION PROJECT, BASE LINE ROAD TO BANYAII STREET, IN SAlD CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intent icn of the City of Rancho Cucamonga to construct certain improvements in the Citv of Ranrhn r~~c am~~~o, WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and spcif ications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "C arneiian Street Beautification Project, Base Line Raod to Banyan Street". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: . "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 o'clock P.M. on the 14th day of August 1985, sealed bids or proposals for the "Carnelian Street Ber.u of ication Project, Base Line Road to Banyan Street" in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91730. Bids must he made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of Carnelian Street Beautification Project, Base Line Road to Banyan Street". PREVRILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 7., Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Ruad, Suite C, Rancho Cucamonga, California, and are available to any interested Sf party on request. The Contracting Agency also shall cause a copy of such • determinations to be posted at the job site. The Contractor shall forfeit, as pensalty to the City of Rancho Cucamonga, twenty-five dol tare (525.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attachzd contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor empioying tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the • contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or D. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, br D. When the Contractor provides evidence that he employs registered appentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and • other requirements may be obtained from the Director of Industrial Relations, S~ - ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (B) hours of labor shall constitute a legal tlay's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed 6y the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Coda of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars (525.00} for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City 3f Rancho Cucamonga for an amount equal to at least ten percent (10X) of the amount of said hid as a guarantee that the bidder will enter into the proposed contract if the same is awarded . to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's secw-ity shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract far said work shall 6e one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50X) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, dr any work or labor of any kind done thereon, and the Contrctor will also 6e required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may 6e entered into between him an4 the said City of Rancho Cucamonga for the construction of said Work. No proposal will he considered from a Contractor who Ss not licensed in accordance with the provisions of the Contr actgr's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the Cfty of Rancho Cucamonga. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the 57 City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of • the plans and specifications will be furnished upon application to the City of Rancho Cucamonga and payment of 515.00, said $15.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimhursable payment of $ to cover the cost of mailing charges and overhead. The successful bidder wilt be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to he done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this day of 19_ PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, • California, this day of 19 ATTEST: ity erk • 53 l~iTV lT V D A hf r~ V /1 !~T •/~ A 11 T/1T il~ A • • STAFF REPORT ~~ Lr, ~\9 ~ r Date: duly 11, 1983 = ~ ' } ~ To: Ci ty Council and City Ma nager ''7f ~~~~ Fron: Dicx p+~e r,~k Pr of err ioo rdinafor . = _- 19CT Subject: Grano of Utility Faseme nt to sou ihern California Fdi son Company at Pe tyl Pa ik. A request for a grant of easement has keen received from the Sou them California Edison Company to allow an undergzound electrical service line to he irs tal led approximately 41(1' feet within Beryl Park. The easement document is attached. The easement and electrical service line is necessary to provide additional electrical service to Peryl Park far the soccer field li qh tinq, which is presently under construction, and the fu tare electrical needs of the park, which includes tennis court ligh ti nq. Recgnmenda tion It is recommended that the City Council Approve the attached Grant of Fa seme.nt to Sou them California Fdison Company to pre vi de for additional electrical service within Aeryl Park; and 2. That the Grant of £aseme nt he executed by the Mayor. DM:ks attachment sH n[complrva nmu[srzo ev WM[N A[C OIID [D MAIL TO 1 • SouMtrn Cddorm+ Edimn Como[ny StE PUL PROPERTIES DEPT. P, D, BoN 1B8 91aLro, UL[fORN 1A 92316 9N2W 9EV 6/BJ Id090 1 ' ;9AN: JF EASFMIENT xmrp oarvlm+0 ~2P-2118 urr DP P.Vlclq GucuwaGA, + num ci pat corporati Pn, ABOVE THIS LINE FOP q[COFOEgs IISE 0'l<-2'32 .•.. a. 9 ~....;6 •]I JEa:,e ~ 5/B/05 'ei natter reffrrM to es "Gwntor'1, nerroy 1n- us soccexmr:.m a«lont Iner.l n+ft.r roles, r:m ts, msnro ut, n+mm us, em a lupeM apovt9raurc b aNer aDWrten+nt fissures +M epvipent netesury pr aM for trmsni tt ilg ford M19tn<f py Itttri ul 11[ms, in an, l real orooerty , toe [vunev o1 c+n WrnaNim, GOte of A strip of LIN, 6.DD Pert in aiJN; lying itnln portion of Lot II, BI xY 15, Cu[MWt9a ' Nmstlap assn 4tion, +s wr mp r¢or[tp r Boot 61, w9• f6 f Nos, in tAe Dffin of Uf Pecor,fer 3 of self CPUntY: eW centerline Pf s+i0 strip Ming eeacri pt[ as bllws: - BEGIMIING t ! point in tAe Wtterly line PI Beryl SVNI. 66,W feel •iG t oe tltaEl'n AIE, Distant 6outMrly Hereon 122.00 ins her the anted fee v1 AIN ton Drive, 60.00 Teat nE<+s ~w - eseamisneE; enence Wst+rl y. wn nfl vi to saia can trrline of alt! Lm Dr be ! ai seance pf x15.00 leer. ,t crantpr agrees for Itself, rts Aei rs +np ssi gns, opt to erect, plate or mai nta m, oar to p<lmit the r lion, Dlumnt or ninten+n<r of any Dui l[i y, planter poses, e+rtn R11 or at Mr structures e¢!pl vales aIM Ien<es on tM atOW ,]escri DfE Tart DrowrtY. E6e Granter, aM its con[rectprs, agrnLS aM elployns, sAell Aere <Ae ngAt tP trim pr cut ern roofs as may eM+nger ar interfere NN uiE systm no tA+ll Aare free access to s+i0 sYttale +M eery pot tAermf, LL dl t11Rt, far Nt Purwse of • In rC 111119 tA< ri gilts MIY 111 q 1I,teE; prDYl JICr AMrfr, tNt ill IN Y,Ag lAy n[dr all Pl, Pr. to l,Y prCp[r tY DI { \_ tAe Grantor, !Ae Granlfr illallrmate tAe sm sucA mrnner +s 111 cause tM Ifast lnryry lP tN surface Pf Ne grpunC arouM sutn t+uwti on, +1M sA+ll reDl ¢f Ne eutA sP rmorM Dy it and <store !Ae surl¢e of the ground m as near toe sm cord ition as it r s Dn or to sued a arm on +i is prtt:l uDlf. E+E[u tEO this Oay of Iq __ CITY OF R,WCPo NCUCMfd, a munl<i Dal corporate on Ny _ GPAxIGe SfarE Of CALIfpBN IA 1 1 ss. cOJllrr o+ 1 OA pflore n, + Notary Pupl is in mG for ui[ Slate, pfrtow y aDwar aM , own o 11[ or Orar o oe an t e asu o sate ectary er1 eno to + t e + retweti very, of the City pf Rancno Cucelan9+. tAe min i ci wl rppr+ on • uecutM a n~ln 1nS Trul[nl eM aYnaleEgeG to 11N Uat tAey uecutlp t11e :m on xAa lcf o1 tA< mlmcipal <orponti on. NI tNEGG '1N' oars end o/fiti al se+l pun vrn r. ~(~ J aq 3 W -_..._..... _,_ tl U -. InJ __.._ ~P ~ d, ,a y, ~ y .-..-......_.__...__ ..mL.. ..~ 7 m .. ._ ~ ...._ •~d~ C7 ~I N ~~ _' ~ , V i ~ ' ~~ _._. 1I { I < c 4. ~ I _...~... _. ~ _ ... i lI ~ d ' ? uJ Mf ~ it V' I 1 QI ~~oMM afi -- ~ a' J; 1_____._. _. .. _~_~- G I O} __._ .._ _._-___.....__~ ~; eJ ~ cl Q'. 4 M ~ ~_ d J • y i ~ N I v~ I z ~ I { 2 ~ ~ rl g~ ~ ~ ~3 y I ~°.o I >* s J ~ m ~- p~ ~ ~ Imo' k Q 1_ C i\ r Y ~ ~ o^ _ .__ f~~ M nN ~~ ~~---___._. .,...._. m N ..._-. __. _. _...._ _ a ...._ ~ ~ 1, i ~ I ~ A i ~ /'f~ -- - ------ • j ,.,11 __ I ;~ .. . Y , , I 4 ^ VI ; ~ u • l" J CITY OF RANCHO CL'CAbIONGA STAFF REPORT GATE: July 17, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Paul R. Rou geau, Traffic Engineer ~~ct.tr0 ~~~~:t~. yy\ % y G.'~ ~ f,!• z ~~T. `I' ~ 'F ~Z ~ni SUBJECT: Approval of Professional Services Agreement with Donald Frischer and Associates It is recommended that Council approve a Professional Services Agreement with Donald Frischer and Associates to conduct a traffic study to determine the necessary design of a traffic interchange at the Route 30 Freeway and Haven Avenue. The cost of the study will not exceed 59,000.00 and is to be funded from the 1985-86 Gas Tax/System Development budget. RECpMER0ATI0R It is recommended that Council approve the Professional Services Agreement with Donald Frischer and Associates and authorize the Mayor and City Clerk to sign on behalf of the City. RespQctfully sub tted, /' ~` ~ LBH:P~R:jaa Attachments (o.i • PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of 1985, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and Donald Frischer & Rssociates (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 a traffic study at the intersection of the Route 30 Freeway and Haven Avenue ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct copy of which proposal • is attached hereto as Exhibit "A" and 6y this reference made apart hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, C[TY`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. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the fallowing terms, except where the context of this Agreement otherwise requires: (a) Pro ect: The preparation of plans, specffications and -1- 63 • estimates for median islands on Haven Avenue and Foothill 81vd. described in Exhibit "A" attached 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. (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 adoption of traffic study at the intersection of the Route 30 Freeway and Haven Avenue as • set forth in Exhibit "B". 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A and "B" hereto and all in accordance with Federal, State and CITY statues, 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 supplemental technical documents, as described in Exhibit "A" to CITY within the time specified in 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 are • -2- ~Y 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 thi, Section B2,(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and • expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply wf th the Eerms of this Agreement. In the event any such other persons are retained 6y CONSUL 7ANT, 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 wr:tt en approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of S 9,000.00 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 to CONSULTANT, 6y CITY, shall be made Sn accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted 6y 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 in accordance with CONSULTANT'S proposal either with respect to hourly rates or lump sum amounts for individual tasks, In no event, however, will said invoices exceed 95% of individual task totals described in Exhibit "A". (c) CONSULTANT agrees that, in no event, shall CITY be -3- ~s required to pay to CONSULTANT any sum in excess of 96% 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 not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT'S proposal as set forth in Exhibit "B" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit "C". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY 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 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 CONSULTANi'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 • -4- G~ • and, upon payment for services performed 6y CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such conies 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 alternation or revision of the plans or specifications by the City, its employees or agents without the specific written consent of the CONSULTANT shall 6e 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 employees or agents. 6. Termination: This agreement may be terminated 6y 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 Rgreement Ss so terminated, CONSULTANT shall 6e compensated at CONSULTANT'S applicabie hourly rates as set forth in Exhibit "C", on a pro- rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive 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 byCONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatfves: 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 -5- ~7 • individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Donald Frischer & ASSOCIdtes, Donald Frisco^_r, President dnd City Of RdOCh0 Cucamonga, Mr. Paul Rougeau, 9320 Base Line Road, Rancho Cucamonga, Califoria 91730. 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 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 sha 11 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 Compensaton Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' campens aUOn 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. 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 the Labor Code which require every employer to be insured against liability for workers' • -6- G• a' 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". (h) 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 (51,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (51,000,000.00) for property damage. • (c) Errors and Omissions: CONSULTANT shall take out and maintain at all Limes during the life of this Agreement, a policy or policies of fnsurance concerning errors and omissions ("malpractice") providing protection of at least 5250,000.00 for errors and omissf ons ("malpractice") with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall he carried only in responsible insurance companies licensed to do business in the State of 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 '~- 69 are primary and noncontributing with any insurance that may be carried by • CITY; and (3) they cannot he cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY 6y 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 foss, damage or injury to persons or property, including the payment by CONSULTANT of any any and all legal costs and attorneys' fees, in any manner arising nut of or incidental to the performance 6y CONSULTANT of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. • 10, Assignment): No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its empiuyers, officers and agents are independent contractors under this Agreement and shall not 6e 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 Fees: 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 casts from the opposing party in an amount determined by the Court to be • reasonable. -8- 7~ J 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: DONA FR~CHER & ASSOCI A CITY OF RANCHO CUCAMONGA on Mi a s, ayor ATTEST: every ut a et, ,ty er -9- Date: Oate: ~.i /8$ Approved as to form: City Attorney 7/ 0017LC iRISCSER E RSSOCIfliES l a 4 3 1 H A M E I N S T R E E T SUITE 1 VAN NUYS, CALIFORNIA 91x01 818/7851579 2I a/8 )7~I579 June 4, i985 City of Rancho Cucamonga 9320 Base Line Road P, O, Box 897 Rancho Cucamonga, California 91730 Attention: Mr. Paul A. Reugeau, Associate Civil Engineer Subject: State Route 30 at Haven Avenue Gentlemen: At the request of Mr. Paul A. Rougeau, we have revised the proposal we submitted on April 3, 1985, and we have reduced the Scope of Services that we propose to provide. The oblec[ive of our study will 6e to determine the most appropriate geometric design for the future interchange on Slate Route 30 at Haven Avenue, • The study and draft report will require no more than 90 calendar days to complete, The final repro[ will be presented within ten working days following our receipt of the City staff's comments on the draft report. Charges for the services identified in [he Scope of Services, including [en copies each of [he draft and final copies of the report, will no[ exceed 59,000.00. Statements (or payment will be submitted monthly during [he course of the study. The charges will be based on the rates and conditions specified in the attached Fee Schedule, Thank you for considering our services. Please call me if you have any comments or questions about this proposal. We can proceed with the services within a week after we receive a signed contract. Very truly yours, DONALD FRISCHER & ASSOCIATES , Glifornia aoroor,tinn v//~,/ ///r Donald Frischer, P, E., President DF~r • Attach. i RAFFIC ANO 7RAN5 PORiA TION ENGINEERS AND PLANNERS 7 ' ExH~BiT 6 SCOPE OF SERVICES • INTERCHANGE CONFIGURATION STUDY ~ STATE ROUTE 30 AT HAVEN AVENUE I. Data Gathering A. Current traffic conditions 1. Count current traffic volumes a. By automatic machines, 24-hour traffic volumes on Haven Avenue a[ two locations for a three-0ay period b, Peak-hourturning-movement count data will be obtained from files (1) Haven Avenue/Highland Avenue (2) Haven Avenue/79th Street 2. Observe peak-hour traffic movements a[ the Haven Avenue Interchange on Interstate Route 10, San Bernardino Freeway B, Development Data 1. from City staff, obtain information about future develop• menu in the area bounded by Turner Avenue-Hermosa Avenue on [he west, midway to Milliken Avenue on the • east, 4th Street on [he south, and the north city limits a. location b. Type c. Size 2, From readily available sources, obtain estimates of [he future distribution of places of employment (or residents of the City of Rancho Cucamonga II, Analyses A. Future traffic volume estimates 1. Future peak-hour traffic volumes that would be generated by new developments 2. Trip types, e.g., work, shopping, business, school, social, other 3, Trip distribution and assignments to streets and freeways 4. Peak-hour traffic volumes for the various movements at the future Haven Avenue Interchange 1 RORRtR iRIS[RfR [ RSSO[IRIfS 7.3 B. Geometric design • 1. Determine the most appropriate interchange configuration based on the estimated future traffic demands 2. Assign future traffic volumes by direction to [he interchange ramps 3, Evaluate traffic conditions a. Volume/capacity ratios b. Levels of service c. Impacts with regard to land areas required and local street system III. Report and Meetings A. Prepare a draft report of the findings, conclusions, and recom• mendations; submit report [o City staff for review B. Mee[ with City staff during the study C. Meet once with City and Caltrans rep¢sentatives to discuss findings of study after the completion of the draft report • D. Incorporate comments by Ci[y staff and Caltrans staff; complete and submit report [o City C , J 2 9~(tFlO iRISCNfN C PSSO(IRIfS ~Y ExH~F3lT c R~RRLR fRISCREfl C flSSOCIRiES 11!31 HAMLIN STREET SUITE 1 VAN NUYS, CALIFORNIA 91x01 tlt/Tt S~1 S)f 2t]/A]~/6)• FEE SCHEDULE Sutementt for payment will be preunted monthly (or work in progress. All ehuges will be due and payable upon the preunta[ion of the statement. A service charge of iS percent may be added euh rponN therea/ter for unpaid balances. The following fees will be applicable to Ne work performed, including vavel time, in connection witA the special project deuribed in the auomDanYing proposal. r 1 L J Per Hour Principal Engineer f90.00 Senior Engineer f80.00 Project Engineer f55.00 to f65.00 Assistant Engineer 11 !40.00 to !45.00 Assistant Engineer I f35.00 to f40,00 Engineering Draftsman f30.00 Ttthnical TYDISt f25.00 Engineering Aide f20.00 SecreoryClerk f17.50 For expert testimony in court, the per diem charge will be f1,000,00 for each appeuance in court, for a day or a fraction thereof. All identifiable, dirttt eADenxs incurred in connection with the work, Including reproduction, communications, display materials, and println6 will be chugM at invoke cost plus 10 percent handling charge. Automobile eap<nx will 6e charged at f .24 Der mile, %me, train, uai, bus fares will be charged at cost. Compensa[ion for services will not be contingent on the client's ability to collect from others. Th< picot will be liable for all wsu, Including attorney's fees, incurred in the collection ofoutstanding auaunts. i RAF FIC ANO TRANSPORTATION ENGINEERS AND PLANNERS 1/N ~1, n u t.-ImN. Tnn Llw. plp,IN rllflrlna NrpofM Only, ,7tme 24 ,g85 emlDl Dr lnn IMMNn A.H. 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N[ E.1 L4DINry Inwl111u.LwNtnII1.NLnlNtlzppwOOttln mONNpln mru Om.ay :n:::^0" nnerv bl COTDInw Sin94 LIm IL BOeih lnlury\M PrODIrtY DFTtpunamtncFmwnnq Lnwr\no LnaN pai'at MYInDIIIry xImn90VI OI mF Ownwlnlp uaI OCWDFnCY Or mu M10\DU dIM PnlnIw MO Nl trnf aDDYrIMlnt lnwlt0 $oCn ~naYfMGefMll Dtt COmOlnw Lngn llmlt DOncy In an tmOUnt nOtlnflMn 6100. 000 px occurnnu. Tne p011cy anall cOmm~ Cron Iu0111ry enOOnemMn Fna aMU Wure unprmanu by LnaN pf tM inaemnl!y prOVtfbna 01 tNl Pa4gnDn \. TM IIml4 d NIC lOwnntl fnN nOL nOw\wL M1mlt the IltDlllty pl LeAN MnVODFG In th1 xMI mN tM Premgea confptub • pM 01 \ IIrgM DIOpIrry alp maunnu MNI hIY1 \ LnwYa PrOtwilvl Litwlty en0ore1minl tttwnlO NIntO. II LwN anall tall Ip prOCUIFMO TIm410 NIOIOwnnGd tO DrOVIM LMFOrwltn w10enW 1nwM1. \I In thF IITF Me mth011 tIt IOnn nHHn. LInOr Tty. DUI fh\II nOt M rp4rle to Im IeOmpn t0 OInN npn4 of Lnwr nnwn01r1. OncW1 the mHntba tM wm1. Dut el IN taNOw 01 lnfel. 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DW Mt LwN \ nawm, pmpmint or 4Mnt ImOrowminb m IM (mount of not la IMn F01t of IM fun gOllumMt vNW tMr101 prw10mq DrdMIM Ipnnt NI IaMlt me1u010 wltnln IM Clnnhullpn o1 hn Iz11nC101MV1np1. vtnollnm, mtlldoW mucmH. apwul wIMOw pwlb 1111 owl wt nd DIN( pIW InwrMW.ln wol0an, tM Lnwr mry, II LnwYl oOUM, o0twn MO kw m lore. ounnq IM IMn oMnn Lw1. t pdICy01 rM411rIWTF Inwood eOYMnq I OFn0001 m montnh wltn IOn D\Y\D4 t0 Lnwr wmcn Inaunncl MUI \Ilo eovw ul rm n4U lun 10p mW Mu cub fx Mb pM00. n 1M mot tM[ IM Prlmlw COn41nt tDOOkIM tnln tn1 mwnrlp covNlgl tMl mDUN tprmk4r 41ktp1 mwnMw (DI LwN tMll pIy m LIIwr, ounnq tM tHm Mrwl, In teolt10n to Inc rM6 IM tmounl of Iny InGnw In Orxnumt fOr tM inturmu • Gmw Dy LIIIOr uMH IMt Pwgrlon D3 Owr Fno tDOV1 wcn pnmmml Plle OunM tM Bw PMOe. a nwMnlnH eehnw, wMmw auto prtmmm IncrI111tM11 MtM rnult dtM Mtun of Lt11Nt occupMCy. 111y In Oromnnpn 01 Lnw. rlpwmm~b of tM MIOHOI • monOW1 or OFFO 01 IrYSt pownnq Inc Pnmlw. Or IMrNIW vNUNron DI IM Pnmlw Or gFMnl rtb mprNw. n NF wMt IDt\ IM PrFmlw Mw Onn O¢uOIN DfwIOWIYtMwOrpt"Bw PMOO" 1h111 mwn tM lot M'11v1 TOnml of In1 PMrOCCUPMCy IrIO in tM twnt IMtm1 PlMllw MW OIV11 purl OrIwOV11y OCwpnp tM wOfef"BIN PHIOP" lnNl mNn tM IOMItI prImIYT nYOMDIy 004mtbb fOr IM Yle IMUnntl IOf tM Pnmlw upon tM commwKMMnI H tM tHm nwrl wYmmq MI m Wl nOmm11 UM of IM Prelnlw. Prwlow, nOwHw, m IIw of tM Bw PInoO IM pMn1 nwxo mw InNn t Odle ImOUnt II tM MOOf toll llntxluwmen liqun tMl MpntlOww n1M Inlurlnu prlmlum forth Bw PMIOO. - -ICI I [M PIMIIM DNrIQ INtIO nMNn III W n 01 I lrpr pfOpHty. IoM LwM IMII 00\ p1 rnpoONDN Ix 01ylnQ My mcrwn m m1 PrOpFM IMYnM1 GIVIIO Dy tn1 w4 w OmIINOnt OI IT/ ptMr IMIrII d tM bullOlnq d wmcn tM PnTlw In I W n. 101 LwwfMllpw lnYlucn Drlmium mvNtN lOLOwrwnMnlleM lNw rwud DYLMMIdtupydtM prwnlum f4bmxtor OlMr uMfMOry w1Olllp d tM ITOUnt Out. II tM mwnnu pallan mlmW MO nHwnOw covx otMr ImOrpvMlMb In Ie01oM 10 MI Prtmlw. 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Imurtlvu rpuma7 t001GMr by low nxwOeH IMII M In COmOFnnt nOl0lrlq F'OMw11 POIICyMIaM RIUnq" of A or Mttx 100 t IIMnG11 utpory mlxmum rl0nq of Clm %1 ar MMr rot loon In tM mot eumint Iww OPBIHY Inwnnw Rlpn" or n OIMIrW IpprDYr byLwolln tMwwlttWn ntlnQpnlm FIWI N mO01tN0 or Oltmnllntll0. PMrtD w upon ap11TIMMIMtd1M11r1n O) toll LMN. LNNI tlWl olNvwm L17YOr cOpir d IwIle111 d IIIdNry IMUrra lrlun0 uMw PlrprFpn It d tNwtllkutrlYielnanq tM FnltMp IM Ir11d1n0 d taco IMUlY1r arlOl Iw pry10M Clllwr NtulFdory le lttlx. LIMw WII M nlmr Y • CO-IMYnD YfIOM \ny WCII IltDlnly InwnM1 pdky. No wen ODIIG'1'tnFN M gnON4011 w wart to n0lMlon d cwHFlgFa otfltr mOaMkamon aet01 VIII tYYMTY 130) OM Dnd wnNln 11011l~ m UMw. Ltrw FMN. eeNMn Mnly (3Q) OM Dnx to tM YFpIntIM d wen pdnw, IYmIM LIIMW wlm /InIrF11 pr'dnun' thHpl, p LlwormlY rwU1r WO11 inwnMl FM CMrpINU CON IMrMto Llutr. anon Innwm tMll rrYFOM Oy LFtw YpOn elmtn0. 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Lnlr lnFll inrltTnHy MO nOlo nFIn1Nw Lwwfrom FM FQNMt Flly MO III cINmL 4dllrywrmlQMFMIIp Irom Lnt111 ur 01tM PI1mIw.0I hOT IM COnuCt 0lLMlrtDUbnw Or lrOT lny lCtlvlty wOfk Ol lnlnQt OOM.OxmIDr OrwNHr DyLrlrmprFwu IM PglTlw d NMrMr1 Ino 1nFII fYIIMI InWmmry Ina n010 Mrmlw LwH MOT tM IgbMt Fny Ina 111 UHT( Mt111Q from IOY Olncn 0 Imtub ~~ .3- rv Oalauli m lM IMIIPrm\np of any ODliplOOn bn LnsaNa pan l0 M panormlM atop mY Mrma of mn LNN. or purn9 kom any nKl^gmp D IMaN.OI\r1y OfLM\INa\gMb. LOIIIf\CiM.OI amOIOYa\L OrkOm\nY art aWnl.Orp[CVllfnca MOl vntNNIM[I to lna Pram~aN.w a1Mr by LafM, Ib agMb, eoMrMOn. W ampbyaN, a0tl Irom antl agumt all coati. MOmaYa fna. nOMSn antl IupOIVn mcunM rn Ina Oerero any!'J[n cbrm or any KllOn or Drocaa0mq Draught meteor anO m [af! My epnM or Drpcee0mg be Drought dgalnsl Lea]o• Dv •nfon o' a ^v rs^ a m Lessee. uvpn not ;! hpm LenN frdlrl Le'e^C resa^<a''.effee shoe^se Ov coo^se'sat z'd L'p^.': _efSP• ~,?ssee as a -a•w a oa- a"'+ [PnSIDeId:~On lJ ~lSSOr'IereCY daaumlS all l'SXC'0a^dq!'C r.'Cpe+'Y pr~ri_ly'C J!'aCra ..C]^Jr aCC..: ',`a P'eT $!S d'$i'^y":^3'+:d_i? anL :.eiaN nereoy walvea NI C'arma rn refDatt merMf agamat Lesfor 8 6 Etampgon of LlNpirom WNNry. LnaN narYOy agrsea roar Lnwr anal! nol M luole!or mmry m xesfee a bufrneff onny loss cf ncgme InalNrom Or IOr Oamaga to tM p000a w1rN. marcMnOne Or Olner prOPany ql LefsN. LesaN s emproyeel Invgeea cualomen, or eny OP.er parson m or spout fM Pnmlap, nOnMII LNNrN Ibpb for rnlury Io IM Mnpn of LafaN. LeasNa emDloyeN. agann orcannectan wnemlr wcn Oam\pa or rnlury b uuNO M or rNUM Imm Ina, atom. elKtnelry. pu. wmr or rain, qr hom the Dreauga. Ie\xapa, omlructlen m other oa1Kb of plpN. sprmRlM. wow. aldNbneN. plumOrnq, nr connrponmq or ugnnnq fixtures. or f torn MY other uma. wnetnp me Nr0 Oamage or mYrY rafultf tram cOnOlboM M/Irlp VpM tM PnmlNf Or uD00 OtMr pOR10nf OI Ina burlOrnq 01 wnrcn Ine Pnm Oaf !b a 0\R. or ham Otnb Murcn Or pbcN.lnO rppObaaol wMtnpma uuN of sucn Mmaga Dnnlury Or tM mona of repnnnq the ]erne n IMCCevrore to LesfN ceaso+ shall not W Irab4 br my Nmapp Vrpnp Irom any act Or neglNd 01 any Other tenML It any of Ine DmlOmg rn wnrcn tna?'amen ve rOCaleC 9. Oamapa K DNIRIPMN. 91 Flnmtl bwNry Damaga.Rma Premnu sMll be camageO DV q+e or aawlry bm ne not lnerebv ren0exee urlen+miore'r w^alev n Part LnaOnMl nave 1M o0bon 10 Gufa N[n Oama9a l0 be reC\ue0 hem the rmuran[! Or0[NOa puo purauanl:p each Oamage anq loco^I snarl nOt M abateC. I DY nnpn Ot sldPn OCCVIIM[a Or KLUrbn[n the Pnmrfn !toll N IanOarM untanantaple art Mr rn whole pr rn Part. Lefaor bYewme !hall MW IMOpbOn 10 GVM IM Nlnagat0 M nPalrN. rn wn¢n fJN tM tint PrOwON rn ParagnOn a.l naINI1M M fONN prODOnrOM111Y of to tM pPRIOn Pf IM PramisN r\noarN UMM\nUOb: DrOVrON, nOwWK. IMn Mall M nO fucn aDatnmaOt to tM axlMt loaf LnaOr n Oartl Ina DIpcNOt OIa11Y IM4' InCOIMIMVranN malnfalnN Wnuant [O IM Nrm101 Par\9f\pM.2 nHaOL LasfOrm\Y. nOw!/K.In My OI IM abOw Nenta arb p rb NactiOn. IarmrMN Iola LNN Dy pmnp LN1N wnrtm nOUq of LaaaOh NKIIOn wrlMn nary IN) tlaW fOllOwmq ma OM of 1M OOCUrnnd.an010 W011wMttMllW fMlltnminab On mYOlbOlau[n nohca an0la0tana1MD10bINNOItMOnaol auto nolrce In na wen! fnan LnaOr M IIaDN l0 maRa Iapnla DOfbnq Ip axLHf o1lM rMUrancs pro[NOf v\rOIO LnaOI as a rNVll Of me Oamagl0r Oaatru<tron. \n0 rn n0 wMt an\I LeNPI Da ragUllN IO reDalr Or rNl\G LeNN! IIx11IrH NmDmint 01 bnant rmDlOVamMb. 9.2 waMr. LaaaNwarvN tna prOVmona0l Cahlorma Crva GOOe$aCU0011992(21 an0 t999H)wnlcn rabb to brmmalrpn of leuN wMnlne romp IaafN b tlagrryN 1M praN IMt Wcn 1bm 1np1 N 9owrnN oY IM lpma OI tma Laua. 10. RW rl'OIPM1T TUw. 10.1 -aYmNIeR Tu IMaaNa. LaaforMNlpry NlnN DrOOaM taau\ppbu0b loth PllmlaN Math PVxmq ArN lu OabnK rn puagrapn to 25 MrNI): Prw10N, nowwN. Mat Lessee atoll DaY. in i00rlror. ;a rant. Ine amount. d anX OY wnrcn qN DrllNrry tun a0pl¢a0u Io fns PrambN ROpalnM won • DID-Ma IdOmOn 01 fucn rNl OroNny urns aD0lruDla tO tMCommOn Aml mOrNN aver auto rul pxoNrty taaN tar Ina Iabl PcpUmnp Of U) tM 6nt CNIIItlp YN! rn wnr[h ma DmrOrnq wrmm wnrcn me PramraN an LOn W M0 ra aNafsaO u • [OmPUtN bwmmq for ua OurpOfN. or lol Ua ubMar Ynr m wMCn INa LNN LOnmanpa LNfN'a fMxY OI Hal DIONrry tun apDlruOb 10tH Ppxrnq Ana. as OanpnalN DY Lafaor, atoll N OYN Upon tM rall0 01 Wuan fnt of baaN an\ In Ina PramrNf Io tM tot\I square INI OI IIDOr ana Irn[w wImOUI bmlbtmn, IM buJtlrOp wlini0 wMM Ina PramrNf an IOpUNI rn 111 pmltlrnpa Ownatl Dy LNNI wgNn Ma OavNOpmant 01 wOrt~ PnmbN rN pan. SUpn D\ymamaMl M matla OY LlafYa wpnrn hknn 11510\Ya aMr rKarpl OI LaNOhwnMn Nabmnt Nnrnq IOnn IM am of W[n InoMN aOtl tna[Om W l\liM lnpKi. II IM brm of turf Uue fnan n01 npua[Onpunently won IM nDIOM1On of 1M W Irful yaaf. LHfN f haOVlrty IOr rOLtUaN t\}N brtM M paRlal laaN Yaar fnan M Dr01f110 On an annual p\tb. LaasOr anal! naVa 1M r19M, at Laab(f OphOn.IO COIIKI an0 rmp0un0 fucn rNl tlbb tY IpcrN1N Irom La]1N On i mOntnly or Ouarteny Dub. rn iOVNU, IOr LaaaM f acLOUnt. puN uDOn Ln]Or a reNOnaDla NIImaN Ol lne amount lMrNl Mxt O W. !nq Leafae atoll OaY IO La]fOr fucn rncrena upon lM Dnb w aIK1N by Ltl]Or LeffOr an\II nPl N ra0mre010 a\praq\b amOUOb fO ImpOVnON Irom Im OOUnOf of any oNer retool. nor tMll LelMr M rpwrN to Day My mterut on fvP mpounca. ID 2 Dalinltlen of 'RNI \roplrry TuJ Aa uN0 harem, the tear "real PrOpeRy ^i' shall mclu0a any form of affnfinenl '¢e^fe 'ee. PpmmpOral renbl tu, lary. Mnalry, or to IOtMr man mnentanpa Or astir! ;ixeil. impOfM by any auNOnry Mvmq IM gIIKt Or rncnlct pOwe''c lu mcluernq any crry, county. slab orlNUN pwarnmant or any soopl agncunurn.ognbnq crnnage or omenmprovammlOmnc; ;rereo' as agamat any Ia9N or Nurtapb rnbrNi of Luxor rn lM Pmm~N or m tna nn PrOMRy of wnrcn Ina Pmm~n Na • part. N a9NMt Lenora nqn" c 'anl or OtMr Income mpalromAr nagamft LaNO!] butmbf of leumq the PnmrNt ar any uz rmpOaN m fu DfbNlr00. uN\ly Dr fatally OI env !aa prwlONly rOCIUtlN wrmm IM ONrnrbon of real pIOP\M lax. or any a00nro Ml lax Ina nature of wnrcn wu Orwrousry mtlv0a0 wrlnlr :r! Oa1rnlUOn of nalDropaM tax. or any GRIN Ln\rqa tax.laa. Pr levywnrcnmw pma or MCOmaOw OUnnq the term nerNl. or wnrOn may Mnarn'O !nb lre MacDOn, wnKnerornotnow[uatOmary orwnnm tM CpntsmpglrOn Dl lneMrtln hereto anC wnrcn, ex[eOI lOr lne weCUVOn anp Lerverv 0' Inr] Leafs woulp MVe peen OayaDN Oy LNMr. 10 9 Jelnt M1namM1. II tM PnmrsN an not saPpnNy aiaaafN Lestea s nabrhty for .en p+Operty taxes wren rei0act merero r tau be a^ Nurtabll0roponmP OI ma Hal prONM taxes IOr alt OI the IanO antl rmorovlmanb mcNON wrmm the bx Olrtel affu310 fucn ProOOrtwn ;c Da ulMmrnao DyLUwr hqm tM rnpaetm va1w11oM wrgnNmlM Ufamn worx fnaata. Levor]Dalarmlmhgn tnernt, rn go00!snr snau be can[lunva.ll mb VNVMOn ra nu \val\Db, LNNr fnan Nurubly Nlacab Ina Hal prOMM axe] NtwNn IM DwICrn9 an0 otnM rmprovammb Ina! an a Dan pl ma PrImIfN mtl all ptnl0mgf Imou0lnq wOMm nmrutron. ma Wbo'nq wrmm wnrcn tM Pnmbn ua mcpa0r ant ofrer rmPrOVammb InduoN m iM IanO aIN rMIU0a0 W Horn ma tax pill Su[n aIIOGtrO!1 fnan M rn IM Nm\ DIODORrOn of 1n1 re\MMOb npb[]m]R qIW Of ma DullOlnpa anC OmK ImplwamMlf In\l an a MR OI In1 Pramrnf Marf t0 IM renOnaDla raPlacamant Vllua Ol lna rm DrOVam!^It mclu0a0 m ma Iu Dtll. Real Property W N aRllpubD11t0 u0p rn tna PnmrNf atoll N OatpmmN pY the bb0 foal ma total humor of fq W n IN: ~n IM PnmbN pNn 10 ma !oral numpw 07fq W ntnt o11apO mcluON rn tnaiax ptll UflN a aMn o1 nN DroNM W N attnpuup(a ID IM Gammon Ana MNI N tlYUITIPN u M IoM rn urpnpn Iq.t npKl. t 0 a Paraonal 1roFar1T Tua I\I LHaN sMI1 paY MOf tp 0\ImpYMCy an IaxN NNlfatl \9amft aM I1yrN uDOn Ina IuIUIN WmpnrOge KwpmMt en0 dII o1^ar OanMYl propMyolLMa\\cAnt\InN InIM Pmm~awrsbawMn WnM OMNDU LauN MNlcause Nrtl lnN lrYWnLlurnbnmgf.NUlp'rem an0 all otnw DanOnal DmpMy to N aafawtl an0 Dr11110 sNp\biy kom ma n\I proPMy of UlaM. 1 pl If anY al LNaM a NIO pMOMI DropaRy anal! ba Nfawtl wpn LefaOr f Hal PrOOaM LeaaN MNI Ow Lenor IM bxN attnbulapro Ib LNaN a Nr0 Hal DIOD\Ry wnNn 10 Oays MM rKK01 of a wnRan alabmant faRmp loon tna taxn appllG\Db to LtlaN a prop-rty 11, URIItNa UUN MNI p\y, Dnor tD MlinquMty. for all warp gaf.Mp. tight. powx.lNapnonunO OtMruWtlrN MOnmua mOOlrK~ PrlmlaN.IOpNnNwnn aOY WNIMraM II\OylUgnaarv¢n Ua not NDaubry malalN tO LauN Laaaa anal! DayarlNOnaDla DropoRrO DN\Im IDN DY LaaaOr pl allcMrgtlpmtly muarN won olMrpnmrtaa LuxormNUno rapnfMbbonutO mapplaplpty or quantity orq ql any WGn UIIInIN 011\IYIC\\. ~~ tz ASmgnmMt arts suDbrnp. 12.1 LWOIf Oonnnl rpulrw6 Lwafw M.N nplfplununly or by opawllOn of lew wlpn, InnNN, mortgpe, wONL or OMwrwlp tnntla or wpumwr dl or MY Pwn 01 Laawai • Interpl M Mb LMN Or m IM Pnmlawt. witnoul LnwYa prlw wrMp <onwL AnY wnwmptw wpnment !ytneM, mprlgtp. tlMlmbaKw M wIIMNM9'ar111gN N:s11 pnawnl atoll w rolq tM antR uMllllltl w Macn of Mb Leto. • 12.2 Lpwp AfMINI Ill II Lettte O • ur]ntnb0. t rknenwN OrcNnn. volunbrv. Involunbry. m OY opntlon of law. 01 any IxnnN ownllp IiM wrwnt'S0%1 Orman of iM pMMMIp. a bN elpolution o1 tM MnneOnlp, anall w OpmK a volunary pugnmpt. I bl If L Wp Cpnfltb 01 TON anN ow pNwn, a purprtw ptlgOmtnl voluntary. Involuntary. Or by Oplnllon of Itw. hom OM wnen IO tM otnwr fMll w eewmwe • voWnbry pugnmMt. Ic) II Leaw u t COrCOdbOn a0y Onf01ut100, mNglr. coot OLealpn, Or cl Mr!wrgM¢alOn 01 Lpw, or lM fall o: OIDN Vanf!er 0' a cOnlmnlnpwrce^tegw Ot tnwctmnl atKe0llwp ortnwfas of!wenryn~Vl OSrGan1125%l ormorea!Inava'm e0ltne Nfaa n'Lnsee 3^a rte Oeemw a vDW nlary Wlgnment TM Onnx -rontrolllnq pOrcen:age" memo tM Ownanm0 0! antl W ngnt t0 rote ft0a OOafex~^9 al ea4 'IM wreani150%1 oIIM tOnicombmw vonnq peWa 01 all c:aaaef of LeasnfDt Drtalnwy:vuK oubnnOmq. an0 enLFKmvote b•I"e e~ec:~0~ 01 OIrK[pn Tn1f Oaagnpn foal not n01Y 10 COfD01 eLOna me ROCS of wnlCn n InOK mmugn • NUOntI NCMnge Or ova Ine c0umn 127 NORNww of Lwpp. NO wblMlnq OrWlgnmmifnNlrelepeLSfaew of LafwaoDllgalon unea Iola Lewp anltN tM OnmW uao~o;v OILpaN to wylM rMtane 10 pN1IXm III OInM OObgNIOna IOMwnOlmw py LexN nNeunOV TM 1CGDbnU OINOt Dy LpaOr lrOm eny atnar DeraOn fMl n01 M OMTK (0 W IWaWI by L WM01 eOY pfwNlOn naKL OOnpOt t0 pM lxlgnmwm Offu0111:mQ anall not M eNmw COMInt to wnY wbuewm wpnnNm wwbNlnlp.ln tMwMt of oelturt W 1nY nNgnw01 Lnaw ortlry wccelprol Letw, rn tM pMOrmwncw of any of Me termf Mfpq LNwr mtY OroceM evwcty wganN Lawn wenoN IM nKWey OI eiMwnnq rtmeeiu epanN w0 mlpnu. Lnaor Tay conwwnt to wbfpupt uugnmpb or wObrnnq of MN Lux or amwnemMb or moeMUbOnf t0 mN LeW wM wlgnw 01 Lea W. wlin0ul nOmylnq LpfM. OI lny fYCpYOr of LpaN,1M wPMU3 OOIaDIOq Ib Or rotor l.9npnl MNMO an0 W ch 1CIlOn fnUl n01 NINYe LNM of lNbllny uneN iMf lple. t 2 e Prpwttln~ fwa In tMfwnt Lnw NNI Wpn or tu0bt Me Pnmlw or rpunt Me cOMentol LptOrt0lny WpnmMt or fu0bttlnq or d Leap atoll rpupt Me GAnNnt of Leaver lOnny act Leatee prbpOfp to 00 men Leap fNU DtY Letwf t prxtulnp Ip In Nlmburxmenl for Lefw(a eallMw IMUnwe wrtn rppR InNelo, taco procetFnq Ip to u not IW into f25q,001or pcn taco rpuaaR 17. Delttllfc lltrrlellfe. 13 t CNalfrlt TM OccunMlY 01 MY OM Or mOn of love lollOwlnq wpb fnNl WnNrtute t oelluP arts brpcn DI inn Lpx OY Leaaea Ill TM nuilnq or 1wMOnmMIOf tM PNmlw Dy Lefw. 101 TM bllYrt DY Lfew la mlb anYpryment of nm or mYOtMrotymmirpuuw tOwmwee by Ltsfp Mmnewr.utnOwMn OUe. wnlre taco Illlme fOtll connnw IN • pMpe of Inrw Orya anN wrlnm n0ilcw tMrwl bOm Lexor to Lnw, ICI TM 411uq 0yLpwi000Nrve 0r penOrm aPy 011ne COVeMnb con0ltrOnt Of OrOV0lOOt OIMpLOWbM00xrvw 0l per10rm0e 0y Innlall • Lnaew OtMf IMn eefcn Dwe In W Opertpgpn IDI aDOV, rNrw wcn Itllun anal cOnllnuw lOr s carne of bn It01 Otya MF rnnwn nObG tnawl 'rOm LNN)I t0 L•tw: DrwlOw. nowwvwG mN Il low naluN OI lNw l w1aWt If fuGn foal more IMn Nn 1101 O]Yf eN re3wpePly rpU Vp rOr .U ,n IoM Lefx•>MII nOt De DNmW 10 M In pffauq d LNfN cOTm1nc10 >uU Wy wnnln xbten 1101 Owy wnOE an0 lnaNryF prngenl'v /c3ec.ln sacn n.re Ic completion -a+-cc..esueCa^. :e-ra a••a-~De^e-'b••^ex^. :•s ._•a:a ^s'.eszeec - ^ -essee a: pgnaDar.-.a: o~a- 'ca^zan6-p~ar~a^qe^e^',rer a^.a+'e a'-,upa^,~..c:c. .-ass •;-ecasecacen;- ' ro0 agams:.es3ee '^e fame a 09m~35ep w.l^" 50 eiyfl lru Ine a0pornl'ne^I O' a Irn;p o• •ecelVer •A lave pOxefAOn of funsNnlln'y ai '.NSwfdtNUIOCIIp ft:ne Prymlflt Or pl LeNNtm11rn11n Inn Lea]a wMN00WLlOn r]nat rw]IOIIO IO LexN Wllnm JOOtyw OI IIV'IM aII.CMmmI, 1aKUtlOn 01 OIMr IYDIGNI pllUrw OI auONtn]Illy tll OI Lefw a aWlf ICGIw ]t Ina PremltN OI oI LafNe310INNj In Itllf Laep. wMn auto xaun N MI Mwnupeo wmm~ 7p sort. IN TM Olteovwry DYLWOI Mlt InyLMn9nlRtlemwnt qnM tO LpwrDY LMlN.anv Uflgnw Ol LeffN.fnY NDNnwnt OlLMaeeJny fucceWf In InINNt of lpap Or anY OuINnIOr pl LeNNt ODbgltlon nFeunOlt en0 any of tnem. wN m1iNNIlY IFn 111 Tnw OcCUnance moo Inert two (2111mp Obn Oq a0Y MNVe moOU wnM 01 the farm nefwl. of fny 1411a11 DY LwxN punutnt 10 fubpatprt Dnf I of or Icl Mrpl or tnY compma00n IMrwf. whine! or not sacn lallub fn]V be Curb In the Ilme an0 mmner pfrminN tnerem 1 ] 2 RlmpNw. In me Nem Or anY peld Ull Or pre]Cn pY Lef1N Le]]Or ]toll nNe rr dOCIIIp~ I^. d^V clner remplef avallaDN a Nw wrln OL; do^e• ^[I'~c!!e .e3]es Jne wgn0u: oernnq AIlr NKLan cl anv elna remeor, d~Y are c• ^>'<:r!^e'e~iOwnq bnw'ef sl .es]Or s e1ec LC' lal Lef30r mtyrwLrre tV lcl pwriOrm]n Ca O!alline lermf cOVeMni3.agrpmdnl3 d^C nOngaLnN nNepl ty a~e Hm•SMh]cclUl anC'd+! In1 rlgnt 01 ftllOn mNNOq OI !DI Lpfor mty rMnta (nw Pnmup wqn prOdx 01 bw Fwt tll pNltf tn0 oGCUOmn m ODf3wx10n :nerwl mNNrpm tn0. wnnow IIIminttlOq Inlf NW, al my Ilme /PC IrOm Ilme 10 time. ft-M Inca Prwmlw Or anY Mn merwl Or Olnt inwlKl 10! (M aGCOOm OI LNfM Or OtnIMIt1, veto rKFW 1nP COIIKt iM IMtf IMItIOr, dOplymp tow Nme Ilrat IO (n1 pwTenl OI SYLn eawnaN N LNNII mw nen pw10. eNOmw Or rncunK In rKOVNmq pafexlOn 0101 Prtmnee ono pbpnq Inca rime. wn0 tow burernq 1n0 rmprOVfinenb wllnln wnen tot pmt tre IbGiw, r.n gooe OrpN an0 cOn011100 MO/Or reDFrmq Or Fbnnq ine same for gNPlnp me aUCn fO0111onal nOwrop IIDQUemq cOmmoaOM veto anOTfvf INeI pbe. Wumw Or Incunp DY LenOr lp. Or In COnnwilOn wrtn, rwbemq mw PNTHN. MO Inert t0 me lulhllmml0} tM brma, cWenanif f9fpmwnb m0 OOllgltlOnf 01 Lwp. the LwNp Mnby wFVM My Drwl]Wnt of Ifw OlnerwlN IITIVnq tM IOrpomq Drwnl00 top any Oiner SuCn rpmt nOW OI neINMF gntn LIHp unpf iM Itwl Or Icl BY wrlnm noon to Luw. Ufwr mq OKlae Inlt Law F m woe, rNniN iM premup by Drocm al 4w, eletl tll DartN] n pOtFeNIOe IMrpl tMNirOm toe rtpMtW xID Prtmlw. In IM wlnt OI blmintbOn OI Inn LUfw, LN]Or an nfvt tM rpnt tP rKOV•r'•cm .~~~/fffssssw.111 tMwOM. tt IM time Ol iM twu001 iM unpFO not iMt n10 Dean urMe al ine Ilme ar mminman of ton Latp; (211M worm. N iM ume ~ne awNe 01 Ine tmOVnt by wnr<n 1M unMle not Inat woule nw1 bpn prow tMr tnf Oat pl brminttl0n or iMt Lew until (M Ilmw or'^w lro tscept the tmeunt of lOp 01 nnl inR Lpw DIOVH cows owe wen nuonably av010ee. (71 Ine warm, at love hme of tot twFO of ma tmounl by wMCn iM uODele Ie01 for In1 btlMpw 01Ine tam ana tot time of twee e¢epf Mw am0u0t of tM ION 01 NM tort Lt1ap Omvn cou10 ntvl npOMbly l1Nn wOlep: m01a1 any OMtf tm0u01. arts c0un cOfif, newfxry 10 cOmpnxb LHap1 br all otblmem OrOfImaNY quaw0 pY Lepp f pltult "Tot Wong R thtnme of IM twos.' u ufK In I I I the 11101 MN fubwngnpn In N to M cOm0uip oY allpwrnp mnml fl the rat 01 t1n prCMl I tp%I OM tOnum. or Mt mulmum bwlul nb. wMCnwN n iM IpfN;'IM worm. ttlM tlme el tM awNO."p rNerrp to m 17101 ton wpptngnpn Icl N to wcomPUIK by elK0unilnp tM tmounl t1 iM Olwount rat of iM FKNtI Rwrvt BMt DI Bm Fnnulu, Glllomll. a Int time of Mt wwt10, plat OM pNCMt (1%(, pl iM mulmum bW101 rW WnbnwN N IM npN Or A11 ngnu IM nmlNp of LIa10I nN•In •numollw Inlll M CVmulllbl MO none 4^all wdwUny OIn1r nqM Or rlmwy allpwla Dy 1•w• epulty Ino liklwlN.tM NIrC1u DyLNwrOl any rlmlEy prOVlOlO br nerbn Pr apOwap pv Vw or puny anNl not pa tone eslu>i0n 01 any OlMr reml0y LHwr an0 LeuN IVnn1r 19rN loaf m tna w•m Lpfee braac Ma Inn LeIN, Jr any covnMt term or conONOn nm•unalr an0 wln Opnf Te Premmn, pr env ppmon :novel. tnls Leue fn111 continue in loree anb erect Ipr fJ is^q as Leaser tlpaf no! ternlnlU LnfNa nq~!'o cossnvor as aeHOnn.n ton sub, anp Leuor mey enrprce ae ngms ene •emecn pr„nsJ• ncwtlmq. wrtnpw timiub0~ I^e ngm to recmr ^;II as ~1 pecOmaf OUe nersun0e! Acn O! mllnnnanCl pr Dr<f<rv1!',On O' eNJrtf 1J /!'~<I :'! "emn13 Or'ne 1p00intmenl0l a feceiwr upon !ne intpl110n p1IM UaaOr to DrOtIGt !ne Lw0/f Intlrefn un0er Ins LNSe snap not cp0altlul! a IPmInaDOn 01 leafN s npnt Io Ponaplon Any IMnlry •n•1 N IIIOww by LIaaN wl(nOUt 11[ Or ni nOnnC1. 10p Lpaar atoll n0I ae i Nbl• m oamagN IOr Iny lute f1-Imry Or De q W IIy Or Irnplu Or IorLlNl entry No wt oY L•Wr nlrlunOO anau t•rminsn tole LpN unlNa Leaaor not111N LntN In wnpnq tMt Uawr Natla Ip tarmmNl lnn LIW. II n hR111r IgfNlo mat LIpoL N any tlml ln•r LnsN cOmml(f a ollault. may CUr1 to<OIIaVIt N LIHN f coal Ino OIMNrf1 nk1 aU<n acnOn won roplCt lnmmnLworfnllOpmrenana DN nlcpaw lnO LeaforfnallnrvsnolnmbN Nlreror Ir Lesaorn lnY l"^I DynuOn Or LenNfOINUIL pwllny fum Orowa lnv act tnatrpuvea the 0evmem 0l any sum ord.eis0•mcurs lny es0eroe m<woinq artprnevf rNf 'n '.nslnuunq prottropingL pr oltentllnq Iny a<DOn Or Drocewlnq instrtme0 py reaspn pl any celau~; of ~euN nereun0er :ne sum or bpensl wiC tr tensor. won NI morel. c0an wP Oamagp. snarl p1 tlw rmm•OINIIY IrOm l.eafN to Leuor a: tM nms the ume n Pllb, m0 a not fo immlannly pUtl OY LeuN. mall DNr IOIIrHI It NI 011 OI 110 wrclnl 50%1 PIr venom NO paymNl Dy LNa•• Or r•talpt by LwOr OI I IIp1I ImOUnt IMO IM mOnlnly rMt Mreln StIpUIN10 atoll DI tlNmN IO M OtnN mIn pn account of tM Iar111at ILOWat10 rent, oar an1111ny InOOrllmmt Or ftn•mmt pn Inv cMCk or my I•Mr wcompanYln9 any cnlCa or Owmml n lent DI tlNIn101n ICCOrO Ino unlllctlOn, art lH•Or mayacc•Ot awn Cnwk OI plYminl w,tn0 W OnIUOICI t0 LlabYa ngnt IOlNOVe~ IM DIIInc1 of suCn not ar pVnw art otnN nmwY In tnq LIaa1 PrwltlNf. 1J] LII•Clprgn.LNaw nNabr NhMWI•dOptllNlrl wrmNlDrLwwIO LlaaMOlrMtlna OlMraumtlw•MnunOllwal clwlLMIN le Inesrc cab not ulfNIllNaalo er Nla LIw, tll1 •aNl.mamt of .oleo wen D..ronmtlr mmwn t1 NIN11Nn. sups coa%mews. wrtn nN Iimn•d lo, Noe••NM art arzwndM efWgw, art Iat1 eMrgN .Men mIy a ImpN1o on Lnwr Dy tM INllla al Inr IMnww er Vual tl11a cIwMM tM PrlmN11.4ap</Mlgly, n ally lMiWmNI of rNl pr am ONN lum Gwlrom L1aI11 atoll M1 p.rplr•p 0Y LluwOrLNao/l owlgnN wnnM MN Isl OM afl•r Iwo alrlorlnl IoM M dIM. LNaN MIN par 10 LIpN • IIN cNrq• NuN b 111 %)ILIpoY11MUW ) (LIIINY InId111 1] pqq Nly CpyaM MprMya' Iw pNal Dy LINO! oy rNwn OI LIaN•• Ildpn Ip Ny rNl p IIIy O1Mrwm1 wrtn Ow n.rwfne.r. TM paMN IwrMr aNI1 tlrl veto 4M o1wpl nN•Nnb • INranO rNNMDaI plllnafa N IM tpu LIIIer wNl •1wr Dr npN of 1111 parmMt Dr Lwa1. •xNNMIN veto 4N cturNOr LINer MIII In no•wnl COIIadMI • wahNOl LNIII'IO11w11 wlm rNylKl blurt wlrow Nnolln4 Mr p•aN11 LINpr hNl1 NNeYMp N1y of tlM OtlIN Ilgnb YIO IMIWp graniW MrIYnON. 11. QOnM11MndOn. I In1 PrimlNa Of IpY POnIOn tnlnpl111 nklO V noH m1 ppWlf 0) •ml0lnt oOmlln Or f010 u001r IM mlNt OI IM nNCIN OI fa10 pOW1f IIII OI W 111Cn a1• nlnln rJI1NT'CpnOlmNllOn'), mn LNN tMI1In111Mn p IO In101n w OXIn Ia01 tM Oan IM eOnOlmnlnq IVtnO tab utn Or poaawlOn. wMCnlwrllnt Occurs. If moo IMn 10%OI1M 1100/ NM of lnumprweml0b On tM Pr1mINf. or moo tMn ]5X01 the i Ina OI tn1 Prlmlw WIIICn II pol OCCYPIN by anY ImOrOWmIML I{ Iah10 DY COnOlmMllOn LpaN m1Y, It LnaN a Optwn, l0 N ulfel wnbnq only wmm~ IIn (101 tlrya IMNlwpr anNl nwlglwn LIUN wnMn npncl of men nRlnq Ipr m 1M IDpnu of auto noun DY LNN/, wrtnln Im I t a) 0ava Inlr InI wnalmnmq wlnonry anlll nwI llkm pouNtwnl lNmmltl ton LNN uoi tn1 OaU In1 cOnOlmmnQ IIRMnry nap auto pONw100. II Lpw OON opt tllminan IMa LMN In aPCNONG wIM IMtorlgolnQ, IMa LYN atoll nma10 ip fuI110rC1 Nd awlGt attOtM wnlDn oflM PIITIw mm~mnq nCaW tnN tM Ant wnumtto Pangnpn L1 atoll M rwuao m m1 DmDORIQn mat IMdoor NIIbRM wnt0lna tool IIOOr V N of m1 PrNn1w. arN aware br tM lawnQ 01 NIOr11N Part of MI Prlmlw wdII1M opww of •mlMnl tlOTUp W Ipy paymNl ma01 untllr Innn of mI Iz•felN OI Iuen powlnln111 M tM property nt Lpwr. wnNMr auto IwNp atoll M maN p compnunon for tllmmutlon In veto or IM Isulnom or IOrtM utlnQ 01 tMIN, or n awvanu Oamapn Or omlrwlN. pnwtl•0. nowmc IMt LInN atoll u ImnlNl la wY Iwarall awlr0 ror l0\I OI Or Oamlgl to Lnl•NalnOl hnurn mp nmobbb plraonU Droam InlM plot toll muLwua not urml MlN Oy !peon 0l aurn cOn01mNDOn. UpOr Mall, lO IM Ialml OI NYIIInd MmaQN rICNVIp Dy LIUOr m eonnMlon wrtn auen eonOlmnNlon, npllr Iny Oamlgl !0 1M PnmIM uuflp Dy' •pen cOnplm PNl00IaeaN tO tM aatMt mat LIUN np DNn rMrrlDUralp 1MnlOr py IM CPnO1m01nQ wlnonry, LnaN atoll pay Iny amOam in asual 01 wcn wlranp Olmagll rpwrW IO COmObt1 auto own 1S. ~ralln. LNw rprNan4 to Laver mat LauN hMwl of no PInoO, firm, COIpOIabOn ar Ot11M IOllry IMt 11 MUIbO. Iou1 t0 alry act or IQINn1Mt of LIIaNI. t01ny dO11NIgI<gmmllw011 OIflMNa Iw on accoVnl OI IM natpnl00. 011nIry.art COnaumminOn N lwaLNM. pcwt u mIY naY10N01Qr1aq 1010 wntlOQ Dy LNIOL LapM nbeb/ IQIaN IOIOpImMty LpaMaM IO nob LHNI frM IM nalmlW N ap0 flOm MY an011 c111ma, Iwap, oamagp, u1u MO gplnw OI wMbwwr ntlun. IMWOmp IrtOrnM Iw anp wa4 0l Iopat10n MunQ hdn, N nuwp tP, Iny DroROag1 wmmINIOM Or hMNa tw 10<unN Dy LIIw In CpnMOlgn wlln Iola LYN. 1a. OlrlarY PrvlMana 1e + e.bepN C«gno.t.. IN Lpaw atoll N arty Ilma uopn rql IM man tan 1101 OMB Prtor wndN Mow Irom LION IlaR:ut1, Ip11pw11pga an0 pallgr to Leuor I Imamint In wMlnq lp urtftyllp IMitnMLlaYn unInOPIMp art In wll lore Np attlell or. d mopiflao. apdnq iM noun of auto moONlullon art urtdylM dot Nis Law. Y w mapMNd M In wll IorOa art Nhel) alul tM Oan b 1r111U IM rNt art ntlx Clurgw an laab 1n IN1'anlsa II any. Iril aeMMWNOgInq inp tMn an Mt, Ip LpIN'a anp.laaga, any unwno ONaulq N iM wrt of Leaver MrwnpN, N Ipra4rylnq wen pllwlu II any NI <n1mN. No Illil aanmq IOrtq or COMIMIrIq, wcn IurtnN mlermpbn won rNpltt to twa LNN or In1 Pramlw Y maY M rwu1NN tMrNn. AnY Iuen IntNMm m1Y N eNICIUawNy rNI10 upon try any prduelM WrerbNl N IMUmDrIngl of tM Prlmlaaa (DI LpaN9 g11Vfa Ip ONIYN wen Ilatlminl wlmin aYOn hml lnall M COnCIYa1W V DOn LpaM (1) mII Ino LMN la In /VII IOIp ano anICL wlinoul motldlupon plapt u may N raprlaantao DY Leuor, Pi) IMt mM an np up<urN1 OIIau1L In LNwya panOrmanw. Utll foal MI mOfamN OM mOntn'a not np DNO wb In aOraOp, NO Url tMl Ny plnN IM0lmatlOn wrtn rNpael l0 ton LNN. ar m1 Prlmlw. rpuaNN110 M ONI}1Ma0 IMnm n INI anp fOnaCL anp any wcn hnun may N COMIr1Na0 DY Leaver N a oat W Ii of Laaw unplr In11 Lw1. punwnt b wn~tn LaYOf maY. In aoomon 1p any o1nN ngnta or rlmlolp of Lnwrp prwltlap In IMa Law. or DurwNt to law or pwry.INmIMU Ino LIaM. a la IurtnN agraNl foal LNaN MIII M InOn Itl LINpr. anp MNI moNnmly LIIIOI /ram IM agNMl. My loan. cut. tlamaga or aapMN, conNOVNbN. N OlnarwiN. vnlnq pr KCNmq puattly N mouMlY. out 01 any iNwn01 Lpw tOOMVN ID LAIN anY fI1UmIn1In IM Ilma mo mannN rpunN Dunua~ Inl1 Pblpnpn 16.1 Icl II Lpwr rlprtp to nMnp or rllmann IM Pmm~N, Or airy DIrt tNrwL Lpw nNltry aprw 10 OIUvN to any 1MWr oplQna InOOIa: S/ ..over veto liMnan atatMenb or LWw n may be ranonmly rsomrK Dv auto looses Sucn abnmanla soul moues ma pan mrw roan ImaKIa1w11w11ema n LaaaM.All aaacn financul slabmmb atoll G rKtrvK by Ltupr m <ONieann an0 snail G ufK only'v ma pm0ofn ne•em sst sortn '62 Lwo(a LbDillry. Tne !erm °'_eno(' of u5eo re.em snau mee~ amv'^e pw-e• r ^w^r•s a• •^e' -<~.n c'_es:~o^ c' •^.'e.... . essees - •es! -aL•p,.^-, ease L' °e o,e•-'ses ant :,a--•.d•s•^••, s___.•. - •es' _xss_, _=,_•.,.,. °' a s_psr_e-r•a_s.e•i.,...-Q.a_.L..s.a.lcree..D..~~•3,: a,.e.._.:a'e P's.p-'.a's'e~e'a aP 'es:e:op =... - - '. s _.sC,.v ._~... a_. 'nerelner lO Je per•Olme0 p10v'OeO lnal dny•JnO51n're ndnLS p'_eSaO'J!'ne'. `.tn g•an!Or d:"e'^e :rv "3't-5'<. - ;s5ee'aa d^ T(aMt, atoll IM O•IlgrtO lO IM glamM, Tnt OOngaLOnf CpnlaleK i0 NIS LNft to pn PtrlOrmK OY LOfOr Shall, SuD!Kt al aleresLO. 00 Tr,Liny tin LttsO(a fVCdaaOn afle Wlgna, Only DUnnq tntlr rtapKbva pwrOOf OI OwnmmO, 1eJ ttrarMlttl'. TM Imnwlry of airy prpmwon Ol mq Low a Owwmmto DY • court of comwbnt ryruolctlon, anJl m no waY anad Ine vallelry of aM otMr proruron llareof. 16,a InlMalon 1rF0 W OIINgatlw2 ~aGpl as is Drpaly ntrnn DrOV101010 the COnnary any amount C W (0 LOAOr npi Dalp when Oue !Hall DOr mtareat at tOV. pw annum Irom tM Oab eG. Prymtnt Of eucn rntwKl sMll nos lzcuL Or cure any Oelwlt pY Ltbtt unGr Ina Lease, mpvleae. newwtq IMf rntnxt snail not M paYapb on lab OIIYgtl InCUrreO py Leafae nor on anY amounts upon wn¢n lab chtrges are peo Oy LWN. 16 5 Timt of Eaeend. Tlmt n of me eaaenG. 166 pptloM. Amch ana Gngnpn uppom an nol a part nerep' t e.] Ie1GrpMibn ntrbr Aprabnenb:AmwlemMb.IlhuMMlaoe lnattMnMno onl atrtamanta Mtrtan mapMMnMle allKllnq IMa Ltw, ana bb Laar aagwatete Me ealMtla any aM nl Pnrlout npoliniena, amngemtny apfaemtnb Me uaeMbnelnpa. II any, lttwtan tb Oastlaa paMe, one alOtla atoll W owe to Iniwpnl er Gnnrua tnla Law. It b Nrtnw atrtN OY aM pahrwn tit pMha nartto IMI tnM spat pt M mOnllGlbal w YMIaemNat OI tnla La W. aa01P1 M m1y Dt 1atPP1N In wilting MMNra iM pwtba MNIO. L Ww mehaa n0 warn111y. Iplwwtblbn, P011VaCL preemM4 w ablMSant concMlrlp tpa uw, eecbWnpY, Or wnnplry n the PraanM ler tM uw of 1M pnmlaw u aN IOrM In IMa LaW, w wib mleM so tM eoneltlOn al tlih al tM pnmlae ea IM mtana, mOea, w maerlw n eonnrudlOn of My DVNElfrga q ImplOfalAlab, OI IIb aepuaey OI MMN IMIHOI IOr any VN. YrIIHt KpltMla Nt IMn nalnn H en apMlMnl OI Ltaaw. LMM wamnb aM rpmtnb b Lpae/ Iw iM Kpma DaMllt of LNM. Inat (al Ltaaw pr unetnakM t Gmpbb alto usMeatseMl wnunbn OI IM r1aY InMrMI In tb aaaeulbll el mh Law one tlat tpntlon of IM pnmlaw for IM uN pwmlpae pMpY. aM ipn DaaM vpM We InWpaneanl wnuatlwL Laaaaa pa tlaatee 10 MM lob Ipb LNw one MrtpY nwmK all Hake arlN rwpet tnarelp: (p) M orN w wetan Inlbomanryal b aaKYle UW LMM por• paM maw b Looses smbu aaprwny sal torlp Mann In wrltlnP (<) In Mlarbq bto tlW Laatw. Lnaea nNlw open M abtawbnL loci, prwnba w repaaMlatlwL aapme w Implbe, wwnM w MI, nel apanlbnh M lertp Minn b wrMllsL lei arty ablamanl IM. plOmlal, 01 rlpnaallbpwl, wMIpM aapraY w ImpllaQ oa Oral Or wntlM, maN at My IIm1 wpwlOww le L.„w. wNnl, h bl .ewrr.s„ wmnA sKa Ifrwllate, w ngetanmlen. n any, net eOnbIMO m IMa Uut. rot wamnlir Me nprwMtnbm el Looses Mrwn snau W .miorpaDb Dy way e5 apanik pariembnp or blunnlw Hilo. In aeeltlOn to my alMr nmlley n LMaw n law w aoulry. on 1M Mna of tot ortpoingwarrantlaa aab npmanlatona of Looses. Lmpr h wllllnp to serve Inb IMa UW.In IMtrMIMY of aulds wamnWa wnpratM1a11Ma OI LKata nwnn GnbMM onto W IrSaeelrnb wuntrua, LWOr maY.In aeeltlon to nl OIMr epnb of Ltaawn Iw wpWry, lalminab blala W al any Ilmt tMrMllw open 1rr111M naNiw Io Looses. It Is NrtMr unoMlooe Oy LtaaN Ipal ltaaw maY net new w In iM loran own all DI Pfa etrMeprMnt In IIDMJI IIn rnmlNa M bOtIC. LHfN agrNa nel f0 GnCN Iola Leah, IeOVG w spot rMb q pynyt My onto nmIWM YMaf (nh LaW 10I any rlpbMn OI tlla LMN OLSYrrMlq Dy alnut pl tnY M a1 pmlaalM On Of MHn rttpatl 10 M tBB NOIkn. Any Hobo rwmrae or GrmlMCto De glen nsreunoer snap pa rn wntln ono ma G vanb~y~w~DY Lttaor. q Y 91 YpMOMl dlrvary or oY CenIM1K maJ. ono d q,Wn paraOnally or Dy mall. sMll G Oeamae Yu5lrcienUy ginn rl a00reHK t0 LeAN Dr tp L1ff01 at Ina aEenaa nOIK MIOw N! S',gnalun oflM refpKtvt partba.uNacaH mar pt 6tner Darty may Dy nonce lO lne OtMrfpealy•elntrsnt aOOnolOr none pW00aH U0001 ;Hal upon LsffN f laking poWLlen oI ma Prtmlfea. ma Premrats fnau COM}. d;e Lef sae s aapreff br Hants DVrppaef A Copy OI af. nLl,caf •eewree or permineD to be given to Leaaor nweunper shall De COn CU•n OLV': arsm V'!C IP su'D* Larry or partle5 a; Sucn dODnsaes U:ef fo• °av '•om nmt to uma ntrsanw aKlgnW by nobca m ~eaaw. 169 Wnnn. NO wamrDy Coffer of any DnnsrOn nenOlSMl pe OetmKtwamer Ol env Other orovnron nwepl or of any fu DSKWni DnaR by LeSaN Oltnl soma Or anY Ol MrDIOVISIOn LafaOrlCOManI I00rapprOVar O']'IyaOtfnal~r01 D1 G1m10IO nnOQ UnnKHNIytM Oplalnmg p! ~e]sOr f COrIHnt t0 pr apDrOVa of any fUDHO V tM aDt Dy LHS11 Tne aCCe DIan C1 L'rent ninon Der pY Lefs01 SMII n01 b1 a WaIV1/ 01 My pnCtpinq Oreatn DY LHaea 01 Ny prpnal0n MIKI, Otnw Irian tot InlUfa OI LHfM 10 paY Irt GltiCblananl 5p aCCepIK, rtgalebss OI Lasso! f YnOwllOQ101 such precaemq DnKn n tM nma of aGaptMG of fucn not 1610 RKOfelnt.LWNfnall not raGOn(ne Lem wlinoul LefferSpnor written OOnaen' anL SUR•KOrenlOn snail. ntM ppLOn o!'_essor .on Situlta non-<uraDle OtlaUlt O(LtatN nanunG! EilMrparty fnirl yDOn nLUesl pl lne Olner eseC::e,a4nOwieegl one 0envel lO lot Ol9trd snOrl lprm memOranOllm Of tnlaLNft fprrKOreing pWOOftf '6 11 Nolelnq CtK. 11 Laafw nmama m pounflon 01 tM Premgts ar arv part Inereo' a^,er Ine elmratmn el (be nrm nenol witroul :ne ex Oreff wnMn c0nbnl 01 Leaver, auto occupancy snail Oa a Itnanpy nom mOnln 10 mOnlr. al a nnnl m ;ne emOUnl of 16gts OI Ine past mor;vy renlal plus all et MrCMrpK prywla MSwDOOL M0uD0p all ma nrmf ne:KNppl T101e too mpnln-lo-manln tenth<y Il Laiaw taro lO SUrrerper Ine premnef upon tM explrnlon Ol mq Uw. Le»It sl'.nl moemnrty an0 nol0 Leaver •a•rtleas Irom au loss or haonlry. rnclyprng wnr pal 'nmgabon, any Ualma ma0a by any auCDeKlnq tapMl. IOUnpeO on or reaulllrig 4pm auto 'auu re 1p surreneer 16 t2 Dahull of Laaaw.LWOr snail In rip Mnt ea cnugte won enw¢rnlM Gnprmanea 0l any ofmoDllgatlonaMnunpo unbu mounpl Lessor snail Mvt Iallll0 to ptrtprm fucn ODhpa110M wllnln merry (701 Oaya I or auto apeploNl Gmt of n reaOMp% nowrK to cOmKt any such Oshult allot rrmM notlG DY LauM to Lafgr prpGrly spKlNrn9 wnwOn Laffor Ga IuIK Io Gnorm any fucn obngatlon Anytmnq In Inif Lease loins con Vary notwgM1aO01np LKaM agree tMt It snail loop f01ny tOIM cobra ana proGM of Leaaor m the hn0 ono rmprOW manb COmpr f mq me PnmuH. tn0, wDIM to Dnpr ngnb OI My mon9agtt os IM PnmoK. lOr tM coIIKUOn. falehCDOn or MlorumMt pl MY IuagmMt I or olner I utllLlal pr aem1n91ratnl DIOOWI rp W nrlp the DlYmant al moNV ar;M GrlormanG or Han-GrtormMCt of partn0 acts DY LOKr In tM wool o' any Oah W t Or Dnacn py L WOf won rKPKI10 any OI tM Iwma. COVapanb an0 COnpltlona of tNf Laa11 t0 be oGaryK MO/Or GrtormK DY LtlaOr one n0 Olnal ONb Df lM LMeaM atoll pe W plKt tp IaVy, UKU1rOn 01 Olntr OrocaOUrq t0r In1 HIIShCIIOn Of any nmtey. Iupgmtnl 0r Orptr OI Leash. 161 COVMaeb aM COMHIar Eacn prOlOlpn of Ine LaaN Otdormaph by Uffae mall M ONmaD DOIn a covenant one a COreLip^ to to tlnelnp thee! Cpna of Lot. $uDNCt to my orovlfmm nnaol rnmcunq uvgrmant or fumnnnq by Leases ana moles ;: •re OrOVl Slonf OfPwagrapn 162.m0 Laaat anal DlM lM portico lnbr DenDOal reprOMbbvta 3uLCQfOn anp aOIQM.TnIfLUbatoll De gyve.nt0 Dy ma IaWa OI tN $lab Oa C.a110mIL C i. <. ;6 sulwrelnauoa -'s_eue alLevOrscppcn stall Desuppro^a'!'Da-v q'o-.^-0ease-^qa^!aGee z"' •- GGa':-]'3!:. 'at'td^t' aCeC.:Der,•nG'eal JrtLer!y Clw^.iL^:^eD•t"seid'edJd'.d'i:'anvd^.'.a ~aprd^SGS ^dLe"oeSeL.'1,' t'd^L':a 't^lWila mCtl~l'tlllOnf. Cpnf OrlCiller. a, 'tplaG!Tents disc !!'enfiCre :^GrGO! yt:W lln Stan Clnq SIILn fu DClblG allOn ^eefN S''~ CCSaNaron al Ine Premisy f nail not M Olaturpe0 Dy soy anon or entrry clal mrnq Dy Inrougn Dr a no V Leaaor;l Leash Ia not m oUa LltyanC sc^tn • of LNfN anal) pey Ine 4Ot ano obferve in0 perform atl Of Ine brOV rfranf Ct tR,a Leafe. U nleaa INa LNfe n Dine Mlfe IermmatK Du1] W r! 1~ farms. I I any mongfgw, trufiN or grouts IatlOranall llKt to nave:Na UiN orrorto IM Ilan of In mortgage, DeiO of troll ar groune IeNa ana s grvs wnRen nollu IMrwl to LauN, Inn Luse fMll D• ONmK orror;o taco mertga9e. eNe of tort, or groune leas. wMmn Inn cafe a cal Onor ar fupfepuUtlo IN Eeti of NIO mlMgapa. e«tl of trust ar 9r0un0INN or IM eats of rKOrOIn9lnerllOf. r Dl LesiN egrNe IO RKOn anY OOOVmenn IKW nG Ill GMCNata fuc0 fu DOrOIMfIOn Or tC make Pis LGGH pool !e !ne nGn C! dny mortgaga, bob of trust or groun0 lease, u IM uN may M •6 16 Apormya Faa If snots Nrty MmK Mnrn Dnngf an ¢tron to mlor4lM arms net W l or tlecnre ngnn nanunNr Ine onvo;mq party n My aacn ac;on to :nal pr apnea. snau M emnlM Io nn 'euprapre ertomev f'eef ;o D<pAe py tne'carnq panv as •~lee Dv •^e LLU/' '6 ^ LGUO/a AeeNa. Leaaor ano LeYOri ag MY stall nave ;ne'"q^! IJ erler ;re p'er^'SGS a"eafOreOle D^ef 1011re ourCpfe of ~^ice:' ^q ^e fame snpwrng Ins same to prof oKtlw pu/eMNn •en0en. Or IefsNf ano mairng fact ate4nona raoivf. Imorovemenlf or a001ao^s :c' ^e P'ernlaea ar :p ;11 puepmq Of wn¢n Iney an a Ivrt U Leaor t^iy Ceam rKNaarY Cr 'Jeflnele ..esaor n•ay tI eny b'ne p4ce or :' apC'."^e P'emNa lny orOmary"For tab' argna ME Lessor may at eny Irma cunnq m• raft 120 Oiyf of IM nrm narael pnu on or spout Ina Premises any Orernary "FPI Loaf' Lgro, all wltndlt nDan of rant or Mpmry to LaaW, 'S 16 Syna arq AaaeDMa Lnaee well not plKe or wMar to be pncid Or memnmlM on any aslenw Ooot tool, wall w wrneow of Ina bwlemq uo0n or cOMhsutlM i pOrtlwl of tM PnmlaN erry upn, wnrnq or canbw. or itlveNUnp miner or OtnN tmnq of enY Rlno, Mo will not pqn or marmnn any Olcal nnannp or iOvMrunp mftlM on tM ql W of any wrn0ow or Door OI AIO PrampN wrtnout M1nt obmnmq LWOrs wnnen approval LN>N snail not pnu anuflw to M pIKeO fny mareMnena Nmpmml or Omar bama oUGlea ma PnmlNa. Leaver wltn0ul IyOeny I4relOr at LnaN a Cott. TAY gmOW. wl[Iwul llpllu, MY eem pIKK. ConflNCiK. or marnlarna4 upon or OutLOe 01 My tool, wall or wrn0ow os Ine burbmq upon. or comtltubnp • portion of, tM PremlNa riser DON not COTPIy wnn Ine prpVnroM pl tmf penplipn. ' B 19 MMgN. TM v0 W ntAry OI OttNr W nMNf 011nn LieN py LffaN, Or a mlln14n411a00n tnHKl. pr a INTIOetIOn by LNfOr fnel nOI wonamerger. anOfMll, attM Optl00 OILNIOL IeITIOala ell Or enY NIa110Q fUDnnfnuaa Dr maY a3tM Op110n Of LefaOb OpNanYM Uargnmant m Leaaor OI any Or ill 01 veto wptMfnelN. '620 Corporele AsADplry. II LeaaN n • urporitlpn. eKn rnen10ual uacutlnq ton Leah on MMII 01 fal0 corPOnlron 'eorNawtf ane arrmb (oat na u e W y aumortzK t0 efltunan00wwr Inn Lape an Mhalf of fU0 Gar00ratlon w accarOanCe W Im i Ouly agpDlK rNpmlrOn Cl lna dparo of Dr•eN,ors 0l Nlp corpontlon orrnKCOrOMCe wnn me BYlawa olfntl corporurbn anOma: tnrsLNaanbrnernq won garb cOrpOnubnrn aGtOrOince won :n tomf IILNW gaGOr00fallonLNfN fnall wgnm lNliy IJ010aYf aflar aaacubOn Ol tmaLeeN.011rver l0 UffOrl GlNlreO .OOV el a 1!]oIW Ion CI :na BOirC OI DVKtOn 01 Nr0 Cor00nlrOn aulnorlllnq Dr letlfylnq tna aaKUllOn of Inn Laity. ' 6 b MMm IO EableMa. Laf W agraaf Intl fors L]Na n ane snal'r De 3uplacLnO wborOrnen tO all m/MO rn aknnnCa W MlMrol IKere I nrtlaa. or ptMlfrlN, ano lurtMr apish l0 N bOWe py aM not 10 rrOnn. Or GUY LeaNr t0 M In rrpltllon OI, any of NI pf0VnloM of Nre maNn IQ 22 QIIeIMIw.In tMevent dNl tM0 n • pwnn]pr Ol Ima La W. w0 gwnntOlMW nave IM NmeoDllgetloM N LaaaN UnOer Ppapra '3 + mtl tD10 Or ton uW ' S 27 OuNt Powaabn. Upon LN W pwlnp Ina Inaa not rawrvae narwnaann0 oeorvrnq ane partormmq ul Dona covenmta. conmb e^^ p'pwalons ar_essee s pert to be Dmervee ano wrlormeP nerwneer ~easee tool nave o'..Iel ocsaaaeron of Ine Premrses'on •e art"e',!r- e'ec' s_plecl )0 a, G - prOrnlGns t' 1^s ^ease 'ram dny anon or lnL9 curmrnq Oy ' O.q` :..:..cr _essor r 6 N RIpMa o1 LMlfare. NolwrtPannemq mytnmq to Ine contrary rn In0 LNN, Levor loan nol w rn whult unbar MY provmon cl ton Lease W Nfa wnttM nonce apeclfymq auto Oenull q malee 1o L WOr ane to aft mongipaN ano/Or oust OaeO noben 01 wnrcn Ltlaae Att. poor 10 fucn nob4. Oaen nobbM m venting. Leaaor apish IMt MY Wtn mORNgN or IMI paa0 ndaer fnill owe ma nqM to can auU eNaull on bMilt of LtlaOr wrtmn Inrrty 17014nnW r eeys abet rKAlOt of aacn nobw, plw WGn 00NMAI umaN n rNaWa01y necessary. LOaN IunMr apraw not 10 nvob anY of ea nmeelN uMar ton LNN until NIe merry (>ol OM nwa alapawl, Or bunny My canoe soar aacn mongaoN or trvat eaN nOlov q procN01M 10 curs auto Olnutt wpn eUe OIIIgenCa Of is taRln9 alapf wltn eve mllpln4lo OOnrn lM Mgil ngnt 10 snot me PIamINa or Mlanrnq prpuny to can ma NNUtt. 16.25 ParRlnp Ana MO MelnbnirlN lfpMaaa. lal Lefallr hereby granb lp LefsNanOtrelClVarva lrcMNlo uN maPVRlnq Ana]Olacent101ne P'<mlfls lDr'n!V]!prpVY~nq Oef]engT moor vemnea anylne'oaemge~c ur.oserng G'belnery!rucas.all rr;ne normucoune of LessN soumneN.cunnq Ine lean ol!nn Leese same:' ne rrgnls reserves to ~effor e] natal saner conurneb ''^mor •eaervN Ina ngnt Ie any nme inC nom bme ;e :Ime to gram srm Iur rpn-<kous've bfe to Ptner tenMn.lO Prom W gale Nlef mC requlalmnf renbnq (0 the uN PI lM P]IRm9 Area pr any wrt Inen01, rnG W biog. wltn0ul lrmrniron ;•e ngnl l0 Mad rninCDOM on parking pY IeMOn ane amplOYaH of Nnub: to oNlgn/1e aDKert fo¢N far tna uN OI my nnan;, to mw• CMngy rn pffRlOq tryout Irom bme IO pme Io ae0 a000mna1 prOparty t0 the PpRlnq bY: f0 MRnOnw OrOperry IrOrn parking ma P/oVIeK aONwn tenant Nrkrnq la nON]MIfN mamnllletl: t0 aanDlrln Irma Omin upOOnNm NnmP. tOC10N all Or any pOrtIM Ot WCn Pinmq MN to Wcn ntMt u may M. In IM OplnlOn OI LHaK. aVf1f:IMt t0 prwM1 a p101Nign 1MIK] 01 aCPUaI o] My ngnt t0 My WnOn Or me pu011<tnereln. Mp t0 Oo Mo pMOrm arty OIMMCb In ane to NIe Pinlnp MN its ImprwemMn N LNaor MerminNtO N iOVINDn. Leaver snail new tMlgeMnl I70aaaNlon mo unbpl of tM Plnrnp ArN. LeNN apish tni] p me In COnGNilOnbrN inD IMU rwpKnva otll4n. agenn, emploYaN. vMO0n. lupphan. in0 Olney Ineepeneenl cpntra<lon WIII uN Iu<n Kcga roMa ane will OpKaN tNtb ins IriUen In ealwennq marcninOlN to mOlrom IM PnmlaNOnIY upon ano Over Wcn etaN roles N in ONIpne11E me1NOr py Lessor as • mom of InprNatO en0 aprua Irom tM PramisN. Tna uu 01 aUCn a4W roapa, N aOOw prOwON. DY LaNN. Ira fAnC1YlON1lN a00 mMr n]peCirve Or11Can, agMlf, emplOVM, venpOn. Wp01Jn ano otMr InOapen0eO1 CODtrBIOn. IMII pe aUDIKt IO IM wIN eD0 rpUlaUOn] MLDIifnN DY L1NOr wnn rMpKt t01M uaa mMNI aM IM ODara110n of uuCRS. Vibm Me otnn venluN Inwenp over MO upon me Nme. Any uN by LaNM ONDY POrtIM oI1M Pdnrnq ArN OtMr man u NrmmK nRam fnill M a DINCn en0 OehWt PI Ima LGW.'Perklnp MN"atoll mMn all nYa, apace KutpfMnt, ano aoKlAl NnlCea now, Or it anY nme npNRK prwlolK or oenpnflK by LNMr for pinmq ano mgraN mtl prw, enlLOr IOr Me common anOlmnl uN in0 pMHil Of its nrsann oHne pmtllnpa ownK Dy LaNgf WnMn IM ewalOpme01 al when tM %amIRH n • pan. IOCIU01np, w11nON emtntmn, p4klnp f1Ola. aCCNa r0a0f. Onwwryi nW mop walla. 4POKipK uW. tfuck Nmuwaya, ano u0ewilka. (bl LNNe atoll pey 10 LWw, In atl0ltron to IM not IpetdleO In Iola LNN, a IurtMr ano eOOIbOMI nisi, wmm~ hpNn (1SI Oiyf o1 prlhnq IMnroL i proportion o11M Opennnp Coati or IM Parbnp Ana u eeopnatep DY LaWr. bfaN upon tM rit1001 puua INl o11NaN arty In Ine Premses t0 ane tool a0wn INI or Ilaor uii (InCluemp, wltnoul Ilminbon.IM OwlDmq wrtnrn wmCla IM PremlaN ire lo4tebl In all DYIIe1D owrsM Dy LNaor wmm~ tM pevelOpmenl of wnren IM Pr1mIW u f NR N 01IM IiT Oiy of wcn 41Mearp W rtN 01 tM farm nNeW, N oeerml~ by Leaiw. For pWpOaM Olmn NraprNn, ma'ODKillnq Loan' Mall mean IM tOW LOa4 in0 e[NI1W m W neOln Opettmq, MO milnnlnlnq, Parkmq ArN, a nRemetlM Oellne0, mcluemp, wnMN bmNigM1 pirgemnq ane nn0aupmp, pdn u1 puDllc bablllry ano prppNly alma mautlnu, CnMmq, awNpmp. rapn4mmla, rMUq, ens pnntlnp, Ilgmmq. Nnlnry COntr01, nmoNl OI lion. rvbblM. QirMge, fns OIMr reluN. or wnn rwpKt to, Ine Penmp Ana Or mY ppnwn InNNI, peorecntlon of micmnary mb KurpmMl uaaO In Wcn muniMSn<e. IM cwt of OereOnM1101mpIM1M1 eUCD lervlGi. anY D VRIOp CMrgN Or OIMI Cwn IW IM, afwaiee of rm POaed pY Or et tM pIIKt1M ol, Pr IHUIIIn9 hOm. anWlN OI ngWe]IOna Or IMelplan110N fnM10I, p1pTUgMN DY MY pOVMImePNI aY1nOIIN In fAIIMCtIOn Wlm tM UN p! pCCUpMCy OI IM PremrfN or tM Perklnp AreL ano m e0010on tMntO, en iominlelnllve MO OwrMie eRpMaa In M amW nl pail s0 fltleM pefpnl (1 SXI of all IM loregomq coals. Cl MlnlltollOn OILYaOL LUaN aMII OFy INaor NCn ulndH pwrtH lor, attM lynnerootlOn O'LesaOr, sacra montnl0}PItHm Mrwl, In ldwnCl. t fvm pu/I f0 M amOV rat efllmllw Dy lealOC mo OI wnlcn Leaaw nIf Gxn grvm nOpce IO M Mlnly-hve OeRenl; 25X1 r Or Hgnl sod :nrtty-lOm nunOrllptnf Dlrgnt j 8 3RY) J f110 fum o rpwrw Dy Leafort0 w DIb On I mOntnly ONm 01 Lnfee a annual DrOwrtgn Of mepplnUnq costa of NI Plnmq A!/L At tn1ln0 of e¢n Mend/ryur ina I<twl coati atoll M npOnw by Leapr to LNaN. II LNtN f w1llof tM IClusi colts for Iny ullndH ynr ucIID1 tM Impunt pao by LmN to Lelpr. LNfN atoll promOny rmmounl LNfor far tea (mount of NcNC oroviow. nOx WII, II LNfN f fMrS!Onny C/lender ylana Iw tna0 faltl amount, LeafOr iNll prOmDt1Y ral V nd in1 OlneneCllO LeaaN, W 11nOV 1 L/0111ty 10r IntllNl IMntOL At (hl lnd 01 NCn CJIMd/r y11r1M D/YTMt/ f0 DI T/01 py LILM atoll N Idlyatw f0 iha(tne pIyTIOb, On In /nn U/I OUIa. IOr MI nIR1 C/IMO/f y1/r will plpU/I t0 /n ITOUnt re1a0MDly Ifllmllw py LNaOftO pwl LeafN f Innu11 prownlOn 01 [M ONletlnq COf1f 01In1 Pvklnq ArN N Horlalld. 18.2/ NMWnON of OIaNONrN11L LNaM /cknOwlwpN mp agrwf InH It anU nIw n0 rlgnt o1 control, raqul/t10n. /Oprw11 Or pluporortl wnh rNPavrt to IM uN or ONHOpmani OI fNt pOmtlO of MY Om10DmlOt wnhm wnlCn tM PnmgN an loutw wn¢n n not InC1uOw within tna PrIml111II/IW t0 LNNF punwntto IM IHma of lnn LIw. L/NOr furtbr rgrrN HI ngnn m MO won rnpeet t0 iM PrlmlfN MrpY IIwO not InconHatlnt 1IItn LNaw'a uN pt tM PrNr111N u T tlln LNN Drprld/d. t6R] FlMndn~. It n mNU/Ily undamopa /nd ¢knowlMgw Inrt LNN( may. Imm pma to nm1. Imams b1 cOnttruttron ol, molar mry obbin pIrTFMntImF11C111q w.ImprOYHllHlb olwnrEll iM PrH1UlN w/ pFntry InYm OI / monq/q/IOFn or lo/M /M IMt MIHF Nld OMIaI HI /OprOrw Ind CIOMd. • monglgl <omplny mart IpHm INf Law. aM, in uONto rwww fuen apOrml, tm1 LNN mq nNHO a ImMOad or TlNlnw. PrOrrOwmat lMUrm nNNi i1 not alllratl /ntl LI/IN'IObllglbOn t9 DIY rMt, n not in<f1NN IMnbY. oar LAM'f ngnb Mnu00H M mnnnlly /dwINIY If1MIdt11HIDy. LFNN prMFtlllt it atoll cpnYntto.IM rmIM01H/ty Ispute, /IIY auto ImmdmMt ormOddrutlon of tnq LIIN N T/y b1 rpvwbd OY Ipy Nrd mORgFQF COmplny. II n tgllp, nOxlvH, toll nO IUCp /TMETMt Or mpol}IGIIOn anHl pe rp W rw OI LNa11 /MI 1M 0111 OI COmrMnCMIMI 01 In1 bTl nllwl. In tM IVMI LMN p lallf t0 COnalm t0 Or Iapvb eny aVCn ITMOTMt Or mOdhfI000, LNgL al Ib Opllw, Ind T IOOrbon to rtl OfhNndhb of LNwr, m/yun0/1IM tbmlMb INf L/NI on IIn (10) Olya wnNn nOtIAtO LN/N. • TM wnlN MrHO ram Nalp toil LNN /t m/ pbu pn IM GW Ip/CIINd immW111Ny IEIIOIM to [Mlr rllpNalw IigMNlw. E„py(btt testa Mesa. Cdlifoafia A.H. AETI'ER O?fppHy on ey AtagtLSt H. HeiYEir iII Adore P.O. Hex 7250 ar NlaywlrG Beach, t'1L 92658-7250 FaNNN rt RdtlClf~ Ctrmtewa, CA 91730 on Addrw P.O. Bmc 807 Panels n,maewx,,.. e7~ 91730 'LESagI" ey 7, Ti*1e ey -LFSSCe III (MIN I/ I COrpOIInp1 or IrmnN plnrNntlP, II1Nh OlrfOflrt ,` puwnlw nHrta.l F `/ STANDARD INDUSTRIAL LEASE ~~~ Q~re e ~ e vc~ --~s-ti> -tote s 2 t. vansla. Ton Lest, olroa for reterenw DUrposY Only 'tee '" p~~ s-.a»o', are pe!ween pc_.:~ Dr=r''~,LP~"i"'': C2'tPAVY -- nermrcanee'_essp' a^__ C^! OF CIO CCCeunDt'1C'ai nere~n pauep _essee 3. PM1TMY.UYMn1I1Dy1MaY tO LMaM InO L1YYllaalelrpm Llvorlorm111rm, atlN rentaLanO uDOn 111 OftM CpnO111pns iQ Ponn neleln Mlt pnlm rYl Orpplny NIYtY rn IM CPUnry M ~dI]JP~i ZII~~ Stals of Glltornb, Commonly anown as 9360 6na3nl;r3n, p~tp QIC~a Ino oawcnbM u SILit~C ~„ a " 7 1 Hd5E1L"12 ' n e< un~e. Salo rYlpr0plrry mcluomq lM OnO lnO all lmOrowminb tmrwn Dolton UU1O"iM Pramlala."Leaall ¢kOOWladgY mOlgreY lmtleaaY anUl nlw only tn1 n9nt to uY m1 fDIC111Y1C InO olmplo nlnov a uprYLy sN rPnn in anp ppminl0 DY IM Drovnlona of Plra9ran fi ' p' :ns LYY. LIYII IQIM Intl II anlll opt mlkl InY uY Of (nl PramgO (mCluOinQ wrtnOUl LmIb11On NI aU0funIC1 OI ;M Ilppl PInM roan p! m! SLO sp¢I Nawf Y pxminl0 MnDy Ino Inal LsfaY anall Mvl no ngnt of suppwision, aepunlon, or Plmhon of tM Pmm~Y or any pJnlon mlrlol Irom Iny owNOpmMt OI wNCn IM PrImI3Y o1, pr mly W a pln ]. Tamm. ]1 Tavsn TMllrrll oal~la LYYan111Wfor ~~'t~'ree (23)-ronths comminunQ on _ July 1, 1985 ana anglnq on :v$V 31. 1987 un11N fOOnM tlrmmltW punulnt to mY Provmm~ nowt. STANDARD INDUSTRIAL LEASE t. Plrt4r. inn LYY. oatW, for glHlnp pwpoaN OOIy JlIIle 11 85 t9 _ u m1o1 Dy •no Mtwwn A.H. REPiER OhZ7EU7P!¢T]L' W. fMr11n ctlI1N "LYaoi'1 ana CTTy ~ ~~ MfMn CIIIIG "LlafY 1 L /rlrrr111a. LIYOrngDy kaYYID LIaaY IML b Irom rt rlM term. plM nnbl, mopppn 111 dtM COrMIbpm YtloM mrlln, IMt CHbm nb papakty nutllC In iM Counry of _ _ _ _ _ SbY of CIINOmIa epnmoNy known Y IrW OIKnMC Y 5110 rY1propMyln<luolnp lM boo MEIIIImprowmmbinlgpn,n MrNn UINO'iMPmmIM: LYlll aclingwlagqY asM pr111tMt Llllw an\II nav10n1y1M rlpnt to pY in1 aplu IYYO ano QIm1aW nmey Y YpraYlY NI IOM In Ino Dllminld Dy tM Dronalomol Pvlgran o t of Ino LYY. Llalw apnY Inlt It atoll not moony uY of inl Pnm1aN Imtluomp wrinaul Ilmlbnon IM IuoaunaCl OI IM bM) won Imo or In~ ap¢12Mraoa Y pNminY nblDy Ino Intl L1aaN atoll mw no ngnt 01 anDOnlaron. YY040n, or panN10O of iMPmmlaMgr any ppN011 t Irom InY OMIDpmMt of wbcn tM P/ImlaY nl. ar may M. • Yn. 1. TIYL 3,1 Tarn TM tllrll of Nsb LYY atoll D• for LPA (z~ ~! cominYnnQ on July 1, 1985 aM YolnQ en _Jtale 30, 1987 unbY aoaw Ia1lnlnaM Wlalllni to any Provblpn nanol. STANDARD INDUSTRIAL LEASE 1. P•rUw Tnu Leu•. otl•o, for gl•rann ou'rpoaH only, J'1Ile _ l9 9~_,,a m•c• or ana pltwl•n i.:-:. .TI'.'°..Ft vr'c..v1'.:LT~MEPP OJ. nerei~ caner "'_asaD• arc ~Mre~n caaH "LHa•( ]. PIImNH. LHaor n•reby IH•H tOIHaM anC LeaW LaYf ifOrt11•YP[tP! tn• lean, at Ine r•m•I, anE uPOn all pl the cpnpltlona ut folln n•r•In, In•I carton n•I proo•!ty aewl•d In tM GOVnry of Jdll D~L'f1dLC11IlO Siq• PI Glltom4, commonly anogn u 9330 A+ ~+*er Hanccho ~+c~^^^^w, Califo]nia 91730 .np a•aenb.e u a mximatel 923 feet of ce identified as SZ11tE 208, Professional Building II, Baseline Bavsiress Crater Suo rHl pr0o•rry mcluomq IM IenC •no all Improwm•Ma molan. if Mrlm cello "in• PnmpH " L•••H •Gknowl•CgH •nd pr•H mtl LuaH anon owe an1Y tn• nqM to uM m• ap•c+4aH0 anq oaml••o nouy a •annaUy ut roan m ane oermltl•O pY IM Drovulona of P•vgr•n e 1 of Ines '_eua l1YH egrH• Inal n anall not meX1 enY vH of in• Prlmuu l lac W tlinq wrtnout nmrtetwn In1 aubaurlaie pl !na Rn01 other man of Ine asie apaO lnerepi H p•rmineE nlreby an0lnat LHeN an111 narl no nqM Dr aup OivlLOO, feperellan. Dr DertrLOn of NI P~em~fH or eny pONan Inereol nom any pwuopmsnt of wnrtn In1 premnel era or •y M. • pert ]. Term. 1t Tlmu Tn•urm Dona uaH •nauaror tto (2) y9arS commenanq on Ju1Y 1r 1985 an0 mamq bn Jtme 30. 1987 um•H sooner Mrmm•teo pmuam to eny orpvulan n•r•gl • ~~ - CITY OF RANCHO CtiCA~IO?:GA STAFF REPORT July 17, 1985 T0: City Manager and City Council FAOM; Robert A. Rizzo Ass Satant City Manager ~~c~i.::~l, J /' _ ~,~, 2/' } Y' ~ ~ Z lu+- I SUBJECT: Approval of Amendment `.o Omnltrans Joint Powers Authority Agreement, which designates Omnitrans General Manager to serve as Treasurer and Omnltrans Director of Accounting to serve as Controller. Th° Omnltrans Board of Directors recently an amendmen*. to *.he Omnit tans Joint Powers Agreement to designate. the Omnitrans General Manager to serve as Treasur°r and the Omnitrans Director of Accounting to serve as Controll°r for the agency. The modification would affect Section 3. D. and would r°ad as follows: Officers. The Board shall select a Chair, a vice-chair, and other officers. The Secretary shall be the General Manager of Omnitrans, The Treasurer of the Authority shall be the General Manager of Omnltrans who shall be the depositary and have custody of all money of the Authority from whatever sources. Omnitrans' Director of Accounting shall be the Controller of the Authority and shall draw all warrants to pay demands against ±he Authority. The Attorney for the Authority shall be designated by the Board. The public officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in accordance w1*.h Section 6505.1 of the California Government Code. The Authority shall have the authority `.o appoint or employ such o`.her officers, °mployees, consultants, advisors, and indep°nd°nt contractors as it may d°em necessary." If *,he Council has any questions or concerns regarding this mat *_er, feel free to coe*.act me. RECOMMENDATION: I*, is r°comm°nded the City Council direct the Mayor to sign *.he amendment to the Omnitrans' Joint Pow°r Authority Agreement which modifies Sec Mon 3.D. PAR:mk S7 AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN TEE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA • LINDA, MONTCLAIR, ONTARIO, FANCAO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND OPLAND CREATING A COUNTYWIDE TRANSPORTAT20N AUTHORITY TO BE IQ~IOWN AS 'OMNITRANS" THIS AGREEMENT AMENDMENT, dated for convenience on the 1st day of October, 1983, is entered into by and between the COUNTY OF SAN BEANARDINO and the CITIES of CHINO, CDLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CIICAMONGA, REDLANDS, RIALTO, SAN BERNARDINO and UPLAND, all of which are bodies politic in the State of California. W I T N E S S E T 8: WHEREAS, the parties forming OMNITRANS, a joint powers authority, desire to amend the OMNZTRANS Joint Powers Agreement to provide for the General Manager to oe the Treasurer of . Omnitrans and for the Director of Accounting to be the Controller of Omnitrans; NOW, THEREFORE, the parties to the OMNITRANS Joint Powers Agreement agree as follows: 1. Section 3.D. of the OMNITRANS Joint Powers Agreement dated March 8, 1976 is hereby amended, effective upon approval of this Amendment by all member agencies of OMNITRANS, to read as follows: "Section 3.D. Officers. The Board shall select a Chairman, a Vice Chairman, and other necessary officials. The Secretary shall be the General Manager of Omniezans. The Treasurer of the Authority shall be the General Manager of Omnitrans who D shall be the depositary and have custody of all money of the Authority from whatever sources. Omnitrans' Director of Accounting 9H Page 1 of 4 shall be the Controller of the Authority and shall draw all warrants to pay demands against the Authority. The Attorney for the Authority shall be designated by the Hoard. The public officers or persons who Lave charge of, handle or have access to any property of the Authority shall file an official bond in accordance with Section 6505.1 of the California Government Code. The Authority shall have the authority to appoint oc employ such other officers, employees, consultants, advisors, and independent contractors as it may deem necessary.' • 2. All other provisions of the omnitrans Joint Powers Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment to be executed and attested by their proper • officers thereunto duly authorized as of the date and year first above written. Dated: COONTY OF SAN BERNARDINO ATTEST: C erk O the HOdLd Dates: 9 5 ATTEST: ail n v1 e~ City Cler~kJ~(~ ~t2/~'!t Chairman, Board of Supervisors CITY OF CHINO// 7^ ~~^ , lN~`'`~ L ayor Dated: CITY OF TON A~T66TlEST /~ 'Y2i Qlml(.F ~ • City Clerk Mayor S7 Pan. 7 nF A I • 7 Dated: ~''~^^~ °1~ ~~~5 S ~",. Ci y r erx Dated: 0 obey 29 19G4 ATTEST: ~')'lt(.~.w.~C"/1.:.~~ City Clerk ' Dated: FeUruar~ 1", 19c~ City Clerk ? ucy Dateyd~ "/'-~ "--°L~'~ Dated: ~'~` ~~ .. ATTEST':" ~ t7c., ~--- - _ ~d-c~ -- City Clerk Dated: ATTEST: C1ty Clerk Dated: October 2, 1984 ATTEST. .'~L1.1.tt u.4 ~ City er~(J CIT~Y~ O~F,,FONTANA "`~^`'""`' ~ LdVI __ Mayo CITY OF GRAND TERRACE M or CITY OF LOMA LINDA l /~~ ~ci ~.,~-r.~-.~ . Mayor CITY OF MONTCLAIR CTTY OF ONTARIO ~~ w ayor CITY OF RANCAO CUCAMONGA Mayor CITY OF REDLANDS Mayor 9a Page 3 of 4 Dated: :;ovembe: l9, 19b; CITY OF RIALTO ATTEST .~ ~ iJ, ,~ a ~ C ty, lerk ~ or • I~ ~ l Dated: -'~-4-Yi~ c~-~ .\~~~- CITY OF DPLAND ATTEST: ,,.~) ,( C ~~JC1e :'R L\rs l: t,e.. a wi C. City Clerk Mayor Dated: CITY OF SAN BERN 70 AT:BST: ~~~~/ City lerk M or • • Page 4 of 4 9i • • u ---- - CITY OF RA~C'HO CCCA~IOVGA C~11n STAFF ftEPOftT . ~ ~`'`~~ , . ',\~. d ! r} ~ i- July 17, 1965 _ m _ ~. ? „5=- ~ ?0: Ci`.y Manager and Ci`.y Council FROM: Robert A. Pizzo Assistant City Manager SUBJECT: Approval of Amendment to the Omni ;cans' Join*. Powers Authority Agr=went Which Changes Section 10.C., Employe Senority Rights During recent negof Sa`.ions for th^ new memorandum of understanding, members of the Uni `.ed Transporfa`.ion Union requested an annual work assignment selec`.ion, based upon agency senority by class Sfication, wi`.hout respec`, to divisional s?notify. Such a reque s`, is contrary *.o the exis `.ing language included in the Join= Powers Au*.hori*.y, Section 10.C Employees, as follows: "Omn it cans employees senority rights are applicable only within `.hose cpera`.ing divisions to which they are assigned." The negotiating `cam agreed in principle to the modifica`. ion requested by the Un Sted Transpor anon Union Lnd Scating, however, that an ac tlon of :his nature would rsqulre an amendment to the Joint Powers Authority as well as rat Sftcat LOn by all msmber ,{urisd is *.ions. The at ached r=vision of the Joint Powers quthori`,y would allow for the work assignment selec`.Son process as requested 6y `,he Uni`.ed Transporatton Union nego`. iating comml'.tee. If you have any ques`. Sons or concerns regarding ;his mat `,er, feel free to con act m=. RECOtM1ENDAT104: It Ss reoommendetl `.he City Council direct the Mayor :o sign ``-he amendmen`. `.o the Omnltrans' Jo Snt Power Authority agreement wh lnh modifies Section t0.C. RAR:mk pt tachmen`. `i 1 AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN . THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORTATION AUTHORITY TO BE KNOWN AS "OMNITRANS" THIS AGREEMENT AMENDMENT, dated for convenience on the Ist day of September, 1984, is entered into by and between the COUNTY OF SAN BERNARDINO and the CITIES of L'HINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO and UPLAND, all of which are bodies politic in the State of California. W I T N E S S E T H: WHEREAS, the parties forming OMNITRANS, a joint powers authority, desire to amend the OMNITAANS Joint Powers Agreement to revise the provisions concerning seniority rights; NOW, THEREFORE, the parties [o the OMNITRANS Joint . Powers Agreement agree as follows: 1. Section 10.C, of the OMNITRANS Joint Powers Agreement dated March 8, 1976 is hereby amended, effective upon approval of this Amendment by all member agencies of OMNITRANS, to [ead as follows: "Section 10.C. Employee Seniority Rights Omnitcans management may transfer employees between divisions, and any seniority rights of employees shall be as approved by the Board of Directors or as set forth in any applicable memorandum of understanding." 2. All other provisions of the Omnitrans Joint Powers Agr~emen t, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment to be executed and attested by their proper Page 1 of 3 7 'i officers thereunto duly author i.zed as of the date and year first above written. Dated: ATTEST: Clerk of the Board COONTY OF SAN BERNARDINO Chairman, Board of Supervisors Dated: ATTEST: City Cler Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: Febru arv 12, 1985 AT}.ls'ST: / City Clerk ( epu ty) CITY OF CHINO Mayor CITY OF COLTON Mayor CITY OF FONTANA Mayor CITY OF GRAND TERRACE Mayor CITY OF LOMA LINDA ~.~~ i~ Mayor Pege Z of 3 • G (~ Dated.~) /:~ ,_ ~ ^,~/~/ -! ~'i CITY OF MONTCLAIR ~/~,..~~i'Ai /. G1 nia 2m X11 Cx /. ~w.0/ ~.r Dated: CITY OF ONTARIO ATTEST: City Clerk Mayor Dated: CITY OP RANCHO CUCAMONGA ATTEST: City Clerk Mayor Dated: ATTEST: • City Clerk Dated: /I%Akc6 7 /~~~r 7 ~ ATTE T: //< r_r , C y ecc CITY OF REDLANDS C I~TYf!/OJ_F_~R I'~Ay\j,LTO '~~ Ma}+o[ Dated: ATTEST: Ciey Clerk Dated: Cd~-.._.O \ , \q7C~ es.s. °4C. ~ ~,.~ GfEy Clerk CITY OF SAN BERNARDINO Pege 3 of 3 9r • • - CITI" OF RANCHO CtiCAirIONGA STAFF REPORT DATE: July 17, 1985 T0: City Council and City Manager FROM: Lloyd B. Nu bhs, City Engineer BY: Linda Seek, Engineering Technician ~~c~.tio \i ~.9 n 5 /~3~ Y F 2 _ > I9'" I SUBJECT: Intent to Annez Tract Nos. 12532, 12077 and 12077-2 to Street Lighting Maintenance District No. 1 as Annexation 12 and to Street Lighting Maintenance District No. 2 as Annexation No. 30 and setting the public hearing for August 21, 1985 The attached resolutions set the public hearing to annex the above described tracts to the City's Street Light Maintenance Districts. The Engineer's Report for both Districts is also attached for preliminary approval. The following are projects to be annexed: District No. 1 District No. 2 (arterial) (local lights) Tract No. 12532 Tract No. 12532 10211 10277-2 RECDMIERDATiDN It is recommended that City Council adopt the attached resolutions setting the date of public he arinq for August 21, 1985, and giving preliminary approval of the Engineer's R~eg4por t. Res ec tfull subrfiitted, -~>~ ,~~/ LBH :ko Attachments 9G /i/ ~- . ~/i • ( i ray la, 19as City of Rancho Cucarorga P.O. Box 807 Rancho Cucamonga, CA 91730 RE: Tract $12532 Gentleiren: We hereby reouest that our development, "the r7eighborhood", Tract 812532 he annexed in the Landscape and Lighting DLaintenance District. Should further infornation he needed to process this request, please • call 719/597-7785. AISIIIBAi.D ASSOCIATES, A California Limited Partnership BY: Pacer Developnent, Inc., General Partner BY; u J/ Randolph Poag, Pres dent JRP/Imi 97 fpt NORTN gAgKGEN TER nRIVF.. GU'~F :U~'.IA N': .NA rA~iFORNIA 92]05 QId~5dR]1d5 .,:~~..^. eye i4 BARMAKIAN May 9, 1985 Engl ~eeci ng Depart meat Cf[y of Rancho fucamo nga 9320-C Baseline P,o ad Rancho Cucamo aga, CA 9 V 30 Accen[SOn: Lloyd Hubbs, Cicy Engineer Subject: .race 1027?-2 and 10277 (Afag Ranch Es[ac es) Dea: Hr. liub hs: Please aneex the afo reme nt SOned tracts to the adjof ni ng landscape and lighting disc rice. ~` ~~~ ~ v :'+'J'.. ~^:F 0'.'/!S to f. The [racC map is scheduled for recordation next month (June 1985) Very truly yours, THE 'O ARM AI~IAN COMPANY ~, 7. `~A i~':"e armakian, P.E. Preside nc AR:sm • • >~ CITY OF RANCHO CUCAMOY GA • Engineer's Report for Street Lighting Maintenance District No. 1 Annexation No. 12 SECTION 1. qutharity for Reoort This report is in compliance with the requirements of Article 4, Chanter 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 the tracts enumerated in Exhibit "R" into Street Lighting ldainten ante District No. 1. The City Council has determined that the street lights to be maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street lights. Work to be provided for with the assessments established 6y 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 dwelling unit shall be considered to 6e nefit the same as a lot. SECTION 3. Plans and Soecifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division, Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made apart 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 sutj ect area. SECTION 4. Estimated Costs Na costs will be incurred for street lighting improvement construction. All improvements will be constructed 6y developers. Based on available data, it is estimated that maintenance costs for assessment purposes will 6e as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. 95 The estimated total cost for Lighting Maintenance District No. 1 (including Annexation 170. 12 comprised of 6394 lots and 201 9500E street • lights and/or 154 5800E lights) is shown below; 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** L 5800E 516 8.75 *High ressure o ium Vapor Lamps Rate Mo's Total 201 X 9.90 % 12 = 23,878.80 154 X 8.75 % 12 16,170.00 2. Costs per dwelling Unit: 40,048.90 Total Annual Maintenance Cast 40 048.80 =12.81/year/unit No. o UnttS in istnct ~~~5-- 112.81 divided by 12 = 9.40/mo./unit Assessment shall apply to each lot as explained in Section 6. • SECTION 5. Assessment Diagr am Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 1", Annexation No. 12. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal far 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 numher of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7, Order of Events 1, City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. • goo • 3. City Council adapts Resolution of Intention to annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. \J io/ E%HIBIT "A" • Properties and improvements to be included within Annexation No. 12 of Street Lighting Maintenance District 1: 5800E 9500E Tract No. 12832 30 2 10277 2 r1 U ~~ } RES OL UTIO`l N0. E9~F-1-7-898 ~ - ` • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 12 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 WHEREAS, on July 3, 1985, 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 A,ct of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, • contained in said report be, and each of them are hereby, preliminarily approved and confirmed, SECTION 2: That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated 6enef it to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, AP PRO'JED, and ADOPTED this 17th day of duly, 1985. AYES: NOES; ABSENT: on D. Mike s, Mayor /03 • RESOWTION N0. E97=H=98R 9> ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONGR, CALIFORNIA DECLARIN"u ITS IYTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT D[STR IC?: DES iGNATING SAID AIJNEXATIO'1 AS ANNEXATIOY 40. 12 TO STREET LI G'dT I`!G MAINTENANCE DISTRICT N0. 1; RURSUAVT TO THE LANG SOAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HERRING OBJECTIONS THERETO NOW, THEREFORE 8E IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1, De scriotion of 'Work: That the public interest and convenience require and it is the intention of this City Council Co form a maintenance district in Che City of Rancho Cucamonga for the mainten an [e and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lig •~ing and related facilities in connection with said district. • SECTION 2. Location of Werk: The foregoing described work is to be located witTTn roadway rig, t-o -way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 12 to Street Lighting Maintenance District No. 1". SECTION 3. Description of Assessment District: That the contemplated work, in the opinion of said City Counci is 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 costs and expenses thereof, and which district is described as follows: All tha r, certain territory of the City of Rancho Cucamonga included within [he ezterior boundary tines shown upon that certain "Map of Annexation No. 12 to Street Lighting Maintenance District No. 1" maps is on file in the office of the City Clerk of said City. SECTION 4. Re ~Ort of Enn;neer; The City Council of said City by Resolution No. * has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the df str ict boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 1" is on file in the office of the City Clerk of said City, Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. ioy SECTION 5. Collection of Rssessments: The assessment shall be • Collected at the Same ttme and in the same manner a5 County taxes are collected. The City Engineer shall file a report annually with Lhe City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on August-~1, I~83, at the hour o pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having ar~y objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior Lo the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the prooerty described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Lan dscapinq and Lightinq Act of 1972: A71 the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division IS of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of Intention: Published notice shall he mawpursuant to ectton o t e overnment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the came to he published 10 days before the date set for the hearing, at least once in The Dail Re ort, a newspaper of general circulation published in the City of ntarto, a t ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 11th day of July, 1985, AYES: NOES: ABSENT: on ~ t e s, I4ayor /~ ,~7-~ • dos ASSESSiiflEiilT DIA~,RAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 1 APlNEXATION NO. 1 2 ... r "' t ..,;;n c••t, ~ " ~ d -. toz»• tozi~-z r rt,..~ f 1 ~_~r •i ~a"`-""I:, CITY OF RANCHO CUCAMONGA x~ ~:~,~~_ COUNTY OF SAN BERNARDINO V; ~ Y STATE OF CALIFORNIA wn .. _.._ ........_ _. _.. _.._... 06 _ _ _ __ _ - N I IIIe.~ page ASSESSMERIT DIAi RAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 • ACJNEXATION NO. 12 ~- I ~. ~__, ~~ ' , i -- IiI~ '~.;'~=r'_-~= ~1~~Y'I~~~ti.l J~ ~{~..~v1 1111 ~~ I VIII! ,TRACT 12532 .~"`-""'!~ CITY OF RANCHO CUCAMONGA `"I`°% 5:• ~ ~ _. ,l~w~.:;\~' COUNTY OF SAN BERNARDINO - ~; "~-~"~ STATE OF CALIFORNIA ~ T - ~I " ic7 1~1 19n LLOYD NU?PS, CITY ENG^dEER RCE 23989 DATE page CITY OF RA"7CN0 CUCAt10NGA • Engineer's Report for Street Lighting Maintenance District No. 2 Annexation Ro. 10 SECTION 1. 0.uth ority for Report This report is in compliance with the requirements of Article 4, Chapter I, 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 "A" into Street Lighting Maintenance determined that the street lights to all lots within said tracts as •well street tights. annex the tracts enumerated in Exhibit District No. 2. The City Council has he maintained will have an effect upon as on the lots directly abutting the Work to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on local residential streets. improvement maintenance is considered of • general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership onl v, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTI O^! 3. Plans and Specifications The plans and saecif icat ions 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 Oivis ion. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual deve iopment is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the Subject area. SECTION 4. Estimated Costs No costs will be incur rod for street lighting improvement construction. A11 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. icy The estimated total cost for Lighting Maintenance District No. 2 (including Annexation No. 10 comprised of 1862 lots and 516 street lights is . shown below: 1. S.C.E. Maintenance and Energy: lamp Si ze* puanti ty Rate** 590CL 516 8.75 *High Pressure Sodium Vapor Lamps Rate Ma's Total 516 X 8.15 X 12 54,180.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost = 54,180.00 =29.09/year/unit No. of Units in District 29.16 divided by 12 = 2.43/mo./unit Assessment shall apply to each lot as explained in Section 5. SECTION S. Assessment Oiaqr am • Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance Oistr ict No. 2", Annexation No. 10. These diagrams are hereby incorporated within the text of this report. SECTION 6. Rssessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District, SECTION 7. Order of Evenls 1. City Council adopts resolution instituting proceedings. 2, City Council adopts Resolution of Preliminary Rp proval of City Engineer's Report. 3. City Council adopts Resolution of Intention to annex a District and sets • public hearing date. ~J5 • 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City round 1. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • ~~ o EXHIBIT "A" Properties and improvements to 6e included within Annexation No. 10 of Street • Lighting I4aintenance District 2: 5300E Tract No. 12532 30 • • RESOLUTION N0. Fw^.---.-''~ioio ;'~ ~ >t" • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY E"1GINEER'S REPORT F0~4 ANNEXATION N0. 10 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 'WHE~4EAS, on July 17, 1985, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should 6e modified in any respect. NOW, THEREFORE BE IT RESOL VEO by the City Council of the City of Rancho Cucamonga as follows: . SECTION 1: That the Engineer's Estimate of the itemized casts and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in sai3 Assessment District ir, proportion to the estimated 6enef it to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4; That said report shall stand as the City Engineer's Repor[ for tFte purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, RPPROV"t D, and ADOPTED this 17th day of July, 1985. AYES: NOES; ABSENT: ^~.-~~. iii • RESOLUTION N0. _^e.--'r7-~ ~' ` - ~ = ~l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING iTS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2, AN ASSESSMENT DIST.4ICT: OESIGf7Ai LNG SAID ANNE%ATI ON AS ANNE%ATI09 "10. 10 TO STREET LIGHT LNG MAINTENANCE DISTRICT N0. 2; PURSUANT TO THE LANDSCAPING ANO UGHTIf1G ACT OF 1972 AND OFFERING A TIME AND PLACE FOR NEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 7972, being Division 15 of the Streets and Highways Code of the State of California, as folloxs: SECTI OfJ 1. Descrioti on of '.dork: That the public interest and convenience require and tt tsd the intentiointention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof, Said maintenance and operation includes the cost and supervision of any lig •:ing and related facilities in connection with said district, • SECTIOtJ 2. Location of 'Hark: The foregoing described work is to be located wtt'~Fin roadway rtg~-ot' way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the off ire of Che City Clerk, entitled "Annexation No. 10 to Street lighting Maintenance District No, 2". SECTION 3. Oescript ion of Assessment District: That the contemplate wor., in the optmon o sal tty Counci is 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 casts and expenses thereof, and which district is described as fO11a'N5: All that certain tern tary of the City of Rancho Cucamonga included within the exterior houndary lines shown upon that certain "Map of Annexation No. 10 to Street Lighting Maintenance District No. 2" maps is on file in the office of the City Clerk of said City. SECT10^! 4, Report of Ena~neer: The City Council of said City 6y Resolution N0. ~ has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 2" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. 7i 3 SECTION 5. Collection of Assessments: The assessment shall be • collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of He arinc: Notice is hereby given that on Au gusf~i, T4o5, a the hour o pm in the City Council Chambers at 9161 9ase Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of Lhe assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1912: All the work herein proposed shall be do- ne a3-carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of intention: Published notice shall be made pursuant [o ettion o t e overnment Cade. The Mayor shall sign this Resolution and [he City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set far the hearing, at feast once in The Dail Re ort, a newspaper of general Circulation published in the City of ntario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 17th day of July, 1985. AYES: NOES: ABSENT: on D. 14i a s, ayor • ' /~ ~~y ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ACJNEXATION NO. 1 O TRACT 12532 °i""'':~ CITY OF RANCHO CUCAMONGA ~ ~ c le; sr ~ _ .,,~\,~ COUNTY OF 9AN BERNARDINO c' `~` ', STATE OF CALIFORNIA - ivn ~ _- °~ ~~ N LLOYO RUBES, CITY ENGM==R RCE.23P.89 GATE Page CITY OF R.4SCH0 CL:C:1S[OSG:1 ~~cavr~ STAFF REPORT ,r ,., ~.' ' j ~ • x J ~ - } M1F ~ DATE: July i7, 1985 - ' _ IV.. T0: City Council and City IAan ager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Intent to Annex Tract Nos. 12532, 10211 and 10271-2 to Landscape Maintenance District No. 1 as Annexation No. 25 and setting the date of public hearing for August 21, 1985 Attached for City Council approval is a resolution declaring the City's intent tc annex the above described tracts to Landscape Maintenance Di strict No. 1 and setting the public hearing date for August 21, 1985. Also attached for preliminary approval is the Engineer's Report for the annexation. RECOMMENDATION • It is recommended that City Council adopt the attached resolutions approving the Eng ineer~s Repcrt and setting the date of public hearing for August 21, 1985, Res ectfull ~~JsYu/~4/m/~,i tteA, ~~l ~ / " LBN :I, ko Attachments // 6 ri/ i. 1 / ~~vl I '~"~ I I~ i ~, ~ II • ~~ tt3y 14, 1985 City of Pancho Cucamonga P.O. Eox 807 Pancho Cucanunga, CA 91730 RE: Tract 812532 Gentlalen: We he-sehy newest that wr develoPmnt, "'Ihe tteigt>borhood", Tract fr12532 lx aTmexad in the Landscape and Lighting Maintenance District. Should further information he needed to pnxess this request, please call 714/547-7785. AtSI?ILV+I,D ASSOCIATES, A California Located Partnership 8Y: PacJezp/Developirent, Inc., General Partner EX; ~l~ : ~ i GG . L'' ~ / / ~~ J/ Randolph P'oag, President JRP/Rm fi01 NORTH PARKCENTER CRIVE. SUITE PfiO, SANTA ANA. CALIFORNIA 92105 Ptq 5a7~7)ES // 7 ~-RMA~ClAN ~~~~fi-~~ G~i 1' I„ i~4i1L~tG G~f:~~.~f/illin May 9, 1985 Englneerf ng Depaztme n[ City of Ra acho Cucaroo nge 9320-C Baseline Road Rancho Cucamonga, f.A 91130 A[ren[Soa: Lloyd Hu6bs~ City Engineer Subject: Tract 10277-2 and 10277 (King Ranch Esc al es) Oear Mr. Hubbs: Please annex [he afo reme n[Soned tracts co Che adj of slag landscape and llgh[S ng disc ri c[. The tract map Is scheduled for recorda[fon ne x[ month (June 1985) Very cruly yours, ~~THE"B ARMAKIAN COMPANY ~--~ I I ;i' `fit, .',,~.~ ~ ,~k-art An~i"ew ~9arm'aklan, P.E. Pcesf de n[ AR: sm Y ii 8 • CITY OF RANCHO CUCANONGA Engineer's Report for ANNE%ATION N0. 25 to the Landscape Maintenance District No. 1 Tract Nos. 12532, 10277 and 10277-2 SECTION 1. Authority for Report This report is in compliance with the requirements of qrt is le 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Descri This City Council has elected to annex all new tracts into Landscape Maintenance Oistr ict No. 1. The City Council has determined that the areas to 6e maintained will have an effect upon all lots within Tract Nos. 12532, 10277 and 10277-2 as well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the Tract Map as roadway right-of-way or easements to be granted to the City of Rancho Cucamonga. • SECTION 3. Plans and Spec if itat ions The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for Tract Nos. 12532, 10277 and 10277-2. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Tract Mao and the assessment diagrams far the exact location of the landscaped areas. The plans and specifications 6y reference are hereby made apart 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 6y developers. Based on historical data, contract analysis and developed wprk standards, it is estimated that maintenance costs for assessment purposes •will equal thirty ($.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. 7i9 ?he estimated total cost for Landscape 'da intenance District No. 1 (including Annexation "IO. 25 comprised of 612,48ti square feet of landscaped area) is shown below: Total Annual Maintenance Cost $.30 X 61?,486 square feet = 183, 7a 5.80 Per Lot Annual Assessment 183,745 = 33.71 -543I- Per Lot Monthly Assessment 33.71 = 2.81 `~_ 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 out will be maintained by an active homeowners association, these assessments shall be reduced. SECTION 5. Assessment 9iagram 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. SE CT IOV 6. Assessment improvement for Annexation No. 25 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June 86, to determine the actual assessments based upon the actual costs incurred by the City during the 1982 J33 fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972, SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3, City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council, 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. ~~o • RESOLUTION N0. E91=}Y94R Y> ~ +'= A RESOLUTION OF THE CITY COUNCIL OF THE LITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR Al1NEXATION N0. 25 TO LANDSCAPE MAIATE NANCE DISTRICT N0. 1 'WHEREAS, on July 11, 1985, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that Said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: • SECTION 1: That the Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. S'cCT ION 2: That the diagram showing the Assessment District referred to and des cr ibe~in said report, the boundaries of the subdivisions of land within said Assessment District ar•e hereby preliminarily approved and confirmed. SECT [ON 3: That the proposed assessment upon the subdivisions of land in said-Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed, SECTION 4: That said report shall stand as the City Engineer's Report for tom- purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPR07ED, and ADOPTED this 17th day of July, 1985. AYES: NOES: ABSENT: ~~ /1 / RESOLUTION N0. EDP-Yt=95R 3~ -~~-''~ • A RESOLUTION OF THE C[TY COUNCIL Of THE CITY OF RRNCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNE %RTIOA TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DE SIGNATI"1G SAID ANNEXATION AS A~"INEXATION N0. 25 TO LANDSCAPE MAINTENANCE DISTRICT N0. i; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 RNG OFFERING A TIME AND PLACE FOR HEARING ORJECTIO'1S THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landst ap ing and lighting Act of 1912, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Description of Work: That the public interest and convenient=_ require and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and faciliites thereon dedicated far common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance di "xict described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental • lighting, structures, and walls in connection with said parkways. SECTION 2. Location of Work: The foregoing described work is to be located within roadway right-of-way and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 25 to Landscape Mainten once District No. 1". SECTION 3. Description of Assessment District: That the contemp late~wor'R, in the opinion of said ity „ouncil, is of mare than local or ordinary public henef it, and the said City Council herehy makes the expense of the said work char ge able upon a district, which said district is assessed to pay the casts and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cuc amanga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 25 to Landscape Maintenance District No. 1" heretofore approved by the City Council of said City by Resolution No. *, indicating by said boundary lines the extent of the territory included within the proposed assessment district and which map is on file in the office of the City Clerk of said City. ;1} CITY COUNCIL RESOLUTION Intent to Order Annexation July 17, 1985 Page 2 r\ L J SECTION 4, Report of Engineer: The City Council of said City by Resolution No. * has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Annexation No. 25, Landscape Maintenance Oistrict No. 1" is on file in the office of Lhe Ciry Clerk of said City. Reference to said report is hereby made for all particulars far the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be collected at the same time an in the same manner as County taxes are collected. The City Engineer shall file a report annually Faith the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will he determined. SECTION 6. Time and Ptace of Hearing: ,Notice is hereby given that on August~31-S9A3, at the hour o~~~p. m. in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be farmed in accordance with this Resolution of Intention, Protests must be in writing and must contain a description of the • property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1912: All the work herein propos- e3 shall be done an3 carried-Trough in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be maw pursuant to Section o the ove rnment Code. The Igayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to De published 10 days before the date set for the hearing, at least once in The Oaily Report, a newspaper of general circulation published in the City of Ontario, ali ornia, and circulated in the City of Rancho Cucamonga, California. PA6SE0, APPROVED, and ADOPTED this 17th day of July, 1985. AYES: NOES: • ABSENT: ~~~ /.2 3 • ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. I ANNEXATION N0. Q~j ~,~ ~ Ir a -__-__ 10277' a 10277-2 °~~~ \ i. .~ -. ~c 4 L h -~ `: i /.~ ,..m s~ ~,~ ~, -cam, ..^ _~~' S I l~ ~ _ d ! ^. )Y .-~_dl. ~M ~i p l ` ~N pt ~ i 1 Y ~ . ~ ~` . ; J ~~. 1441 fffff ~ _ wrh.' ' ~~.y y: ,Yi \~ y ±J , ~ ` p ~J ~' :~ ~. ~ ~ I ~1 1 `ir~V t ~. r~ 77 ! I ~..~: ~~= -~"to CITY OF RANCHO CUCAMONGA I c'cle =.j;,-~,~ COUNTY OF 3AN BERP7ARDINO l ~~~ ''~ 1~ STATE OF CALIFORNIA - ~.~v T - '9n LLOYD NU995, CITY ENGWEER RCE 23v ~ ~ page ASSESSMENT DIAGRAM • LANDSCAPE MAINTENANCE DISTRICT N0. I ANNEXATION N0. 2 $ TRACT 12532 o«;s,\t^ .~~ ~~~ ~ ~~r CITY OF RA\Cf-10 C[;CAA1O\CA `T •j! ~ ~;~.r z 6 ENGINF,ERING DIVISION " ' im VICINITY M,\P --- itr o~Apoa I rt l r.; r \ _ N page AFFlDLYIT OF Ft/BLICATION STATE OF CAidi~'O1tNIA COiTNI'YOFSANBEItNARDa'IO ~ ss 1. -Na urine D. Paa-^ , do hereby certify lhat I am the legal Advertising dal of TfiE DAILY REPORT, a daily newspaper of gemral circulation, publislllsl N the City d Ontario, County aad State afQnaid and flat the alfac>ted advertisement aF rnW rnnmantel luu~mant j{y_jjlJ _-__ for Citr e} Rancho Cu[amonEg_,_„_„ .rte publi96ed in said newspaper _ Una ~ + f • ime_ _.. --- -- • Mait: Julr 8f 1985 1 c,~rtify ~mder penalty of perjury that L'~e i~iegoing is Crue and , - --' (gigna Dated at Ontario, Celifarnia tilia B t h day Ol ]9 85, /yL IDfltldl • CJ DATE: July 17, 1985 CITY OF RAtiCHO CtiCA~IO~CA MEMORANDUM T0: City Manager and Chi [y Council FROM: Mark Lorimer /t'~ Administrative Malyet SUBJECT: Ordinance Reaulatine Ambul nce Ser 'tea ..~~ ~~t_~srr~l. ., '~ ~` V ~~~ z For your consideration, [he City Attorney hae drafted [he attached Ordinance which regula tea ambulance aerv ices within [he City. The Ordinance reflects those prow isione which the Council directed to be included. As for [he new emergency medical services plan recently adopted by the County, staff underaeanda [hat the one of seven aectione of chat plan pertaining [o the comps ci tive bid proce es for Aren No. 1 (which eervee moat of Rancho Cucamonga) must be approved by the Sta [e Emergency Nedi cal Agency 6ef ore implementation. That section of the plan, which [he County Health Department prepared, ea[ab- liehee many exc lue ive operating areas throughout the County. Area No. 4 which eervicea [he City of Rancho Cucamonga east of Rochester Avenue hae been granted to Trans Medical. Area No. 1 which aerv ices Rancho Cucamonga peat of Rmc heater Avenue ie still open for competitive bid. The other six aectione of the County plan are currently being prepared by she Inland Counties emergency Medical Agency (ICEMA), These aectione eatebl ieh the basic guidelines and criteria for maintaining minimum s[anderde in the areas of pare onnel, emergency vehicles, and other equipment. It is our undere [ending Chat ICEMA is also ree pon ai ble for establishing minimum standards in the areas of ree pones times, insurance raga lationa, etc, The City Council should note [ha[ the attached Ordinance does not require a County permit to operate emergency eervicea within the City. The Ordinance does require verif ice [i on that an operator hoe me[ minimum et ands zde for per- sonnel and emergency vehicle and equipment as established 6y the County and by the Ce lif ornia Ni ghwey Pa tr ot. Mhil e, [hie Ordinance would allow a new provider to operate emergency eervicea within the City, Chat same provider would need a County permit to operate emergency aerv ices withtn the unincorporated erase of the County under the sphere of influence of Rancho Cucamonga. 7 City Council RE: Ambulance July 17, 1985 Page 2 • Staff recommends coneidezati on of the attached Ordinance simply because the City has no raga la[ory authority war ambulance services at [hra time. Moreover, the City has received an intenc from Canyon Medical for the operation of emergency services within the Ci[y. IC is our understanding that Canyon Medical does have the facility and [he equipment to provide such services imme- diately. The[ company bas also contacted [he Foothill Fire District and has asked to be included with Trans Medical in the distnbu tion of emergency para- medic calla. A[ present, no formal action has been taken on this matter. Theref oz e, while the City waits for the outcome of the recent Couoty approved plan end the comple[i on of the supplemental sections prepared by ICEMA, it would be advantage aue for the City to begin establ iahing minimum standards for current services. At the meeting on July 17th, the City Attorney will update developments relat- ing to the County plan and to the proposed Ordinance. Should you have any questions regarding [his matter, please contact me or Jim Markman a[ your con- venience. Staff will keep the City Council informed of further issues relating to ambulance services ae they develop. ML :ba • • ~ Z ORDINANCE :70. ,7(~~ ~ , ~, LC~.;_ AN ORDINANCE OF THE CiTY~OF R.A_VCHO ~CCC NC:7GA :A:.I?C?271Ar ?J^.E:7D ING "..C 2.:<CHO C~'C.V7C::,?n ..JNiC IPAi CGDE PERTAINING TO .'HE BEGi;LAYIC:. OF .AMBULANCES. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The Rancho Cucamonga Municipal Code is hereby amend~o read as follows: "Chapter 8.18 "Ambulances "Sections 8.18.010 8.18.020 8.19.030 • 8.18.040 8.18.050 8.18.060 8.18.070 8.18.080 8.18.090 8.19.100 a.la.llo 8.18.120 8.1a.130 8.18.140 8.18.150 8.18.160 8.18.170 8.19.180 8.18.190 8.18.200 8.18.210 8.18.220 8.18.230 8.18.240 8.18.250 CJ definitions. Permits required. Permit fees. Application For a permit or renewal of a permit. Investigation by city manager. Issuance or denial of permit. Content of permit. Amendment of permit. Renewal of permits. Suspension and revocation of permit s. Suspension, conditional operation and temocrary •:ari a.^.ce Appeal procedure. Emergency service requirements. Conformance with permit requirements. Standards for dispatch. Ambulance safety and emergency equipment requirements. Ambulance personnel. Continuation of call. Emergency and disaster operations. User complaint procedures. Enforcement responsibilities. Excused performance. Penalty for violation of chapter. Civil remedies available. Severability. -1- µS ORDINANCE NO. _aae ~ , "Sec. 8.18.010. Definitions. "Unless otherwise stated, words and terms are defined as follows: "(a) AMBULANCE. The term 'ambulance' means any vehicle specially constructed, modified or equipped, and used for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons and which is equipped with emergency signaling devices (such as red light and sire:;) or which is subject to licensing by the California Highway Patrol as an ambulance. "(b) AMBULANCE SERVICE OPEnaTOR. The term 'ambulance service operator' means any person who owns or operates one or more ambulances, either cn an emergency or a non-emergency basis. "(c) COUNCIL. The term 'Council' means the City Counci~ of the City of Ranche Cucamonga. "(d) CLASS OF SERVICE. The term 'Class of Service' Weans the level or levels of complexity of field emergency medical services and will be soecif ied as basic life support provided by certified Emergency Medical Techinician T-L?.) oerscr.nel con _'ormiag to the provisions of the California Hea'. th and Safety Code, full advanced Life sucport orovide3 6y Caiiferr.ia licensed physician or by paramedics and r„obile intensive case nurses certified under California Health ar.d Safety Code. "(e) CITY. The term 'City' Weans the City of Rancho Cucamonga, California. "(f) CZTY MANAGER. The term 'City Manager' means the City Manager of the City of Rancho Cucamonga, or his designee. • _y_ • ORDINANCE N0. ?a^,e 3 "(c) COCNTY. The term 'County' T.eans the County of San Bernardino, California. "(h) COUNTY HEALTB OFFICER. The term 'County Health Officer' means that person designated as such by the County of San Bernardino. "(i) EMERGENCY CALL. The term 'Emergency Call' is a request for the dispatch of an ambulance to transport or provide other assistance Eor a person who apparently has a sudder. or unforeseen need of emergency medical attention. "(j) EMERGENCY SERVICE. The term 'Emergency Service' means the functions performed in response to an emergency call and includes the provision o: advanced Life suoport. "(k) PATIENT. The term 'Patient' means a sick, ir.j ured, wounded, invalid, expectant mother, convalescent, or otherwise incapacitated person. "(1) PERSON. The term 'Person' includes all natural persons, as well as any individual partnership, £irm, corpora- tion, association, governmental agency or other group or combina- tion acting as a unit. "(^..) BASIC LLFE SUPPORT (BLS) AMBULANCE. The term 'BLS Ambulance' means an ambulance which has eouipment ar.d supolies as required by the California Administrative Code and any other local or state regulation applicab Le to the provision of 9asic Life Support level of service. "(n) ADVANCED LIFE SUPPORT (ALB) AMBULANCE. The term 'ALS Ambulance' means an ambulance which has additional ecuip- ment and supplies as required by state or local law and the County Health Officer, applicable to the provision of Advanced Life Support level of service. "(o) MOBILE INTENSIVE CARE (MIC) "MIC Paramedic' means a person specially Sion of emergency cardiac and noncardiac current EMT-P certificate. -3- PARAMEDIC. The terra trained in the provi- care and who holds a 3i ORDINANCE NO. P~ae 4 ?) ..C3 L... .. LAS=... CgRE ;-0Z~) ._ -_-.., ..__ ,arse' ^.e gas a curse who has =_en certified, .`,e ~~ecn t~: Health Officer as qualified in the erovisionyof emergency cardiac and noncardiac care and in the issuance of emergency instructions to MIC paramedics. "(q) PERNITTEE. The term 'permittee' means any person who possesses a current City permit to act as an ambulance service operator, including all employees, directors, officers and agents of permittee. "(r) CODE 3. The term 'Code 3' means the period when an Advanced Life Support ambulance is traveling to or from a patient nick-up point as a result of an emergency call and during which said ambulance is using red lights and siren. "(s) NON-&MERGENCY CALL. ^he term 'non emergency call' means all requests for ambulance services which do not require a Code 3 response nor the provision of emergency services as of the time the call is made. • "Sec. 8.18.020. Pernits reeuired. "It shall be unlawful for any person, either as owner, employee or otherwise, to operate an ambulance, or to engage in business as an ambulance service operator, upon the streets or any public way or place in the City except in conformance with a valid City permit to operate an ambulance service. a permit may be issued authorizing the provision of non-emergency services only, or non-emergency and emergency services. "(a) EXCEPTIGNS. The equipment and personnel standards specified in this chapter apply to all ambulance operators; however the Licensing and permit requirements shall not apply to: "(1) Publicly owned ambulances; or, "(2) Vehicles operated as ambulances at the request of local authorities during any 'state or war emergency,' duly proclaimed 'state of emergency' or 'local emergency,' as defined in the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code), as amended. "(3) Ambulances passing through the City, which neither originate from the City nor arrive to a call within the City. • i?1 -<- ORDINANCE :70. ?ace 5 .3. ?^ - -' "Permit fees shall be those which are, from ti^.e to time, set by the Council. All permits shall be issued to expire on June 30 of each year. "Sec. 8.18.040. Anplicati on for a permit or renewal of a permit. "(a) PROCEDURE &W INFORMATION REQUZRED. Prerequisites to the issuance of a permit or renewal of a permit for an applicant shall include the filing with the City Manager of an application in writing on a form to 6e furnished 6y the City Manager, which shall provide the following minimum information: "(1) Name and description of applicant. "(2) Business address and residence address of any individual applicant. • "(3) The name under which the ambulance service will do business. "(4) If a corporation, joint venture, partnership or limited partnership, the names of all partners, or the names of corporate officers, their residence addresses and their percentage of participation in the business. "(5) If the applicant is applyinc for a permit to provide emergency service, a verification that the applicant is equipped to and will provide ALS paramedic service at all times in the City. "(6) Express warranty from applicant in all applications that the applicant owns or has under his control required equipment to adequately conduct an ambulance service in the City, which meets the requirements established by the California Vehicle Code, and that the applicant owns or has access to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. If apply- in7 for initial or renewed permit to provide emergency services, both initial and renewal applications must contain a statement that the applicant will maintain (station) at least one ALS eryvipped ambulance within the geographical boundaries of the City. -5- !33 ORDINANCE .IO. Page 6 .. _.._ __.~__ _:;e _ppli~ar.t -._s_ -ta__s; ^_o -_ :_ -_n _c_- sat sfact_o~ o_° the City Manager that the aco'_icar.t gas adequate capability to 'back up' or augment such ALS ecuio_oec ambulance iF it is not immediately available to respond to a call therefor. "(7) A complete description of each ambulance to be operated by the applicant, including a list of the internal equipment carried by each ambulance, the patient capacity thereof, and a copy of the applicant's current Ambulance Inspection Report issued by the California Highway Patrol for each vehicle. "(8) A statement by the applicant warranting tat each pe rnitted ambulance and its appurtenances conform to all applicable provisions of this Chapter, the California Vehicle Code, the California Administrative Code and all other State, County or City applicable rules or regulations. "(9) If the applicant is applying for a permit to provide emergency 5erv ice, a statement that the applicant employs sufficient personnel adequately trained and available to deliver emergency ALS paramedic ambulance services of good qualify at all times in the City. "(10) A description of the level of training for each ambulance employee and a copy of each current certificate or license, including drivers license, issued by the State and County establishing qualifications of such perscnrel to be emoioyed in ambulance operations. "(11) A statement, in an initial application, that shows to the satisfaction of the City Manager that the issuance of a permit is in the public interest and there is a need for a permit to he issued, in that there is a requirement for ambulance service which can be provided by the applicant. "(12) A statement signed by the applicant that as a condition of the City issuing a permit, applicant agrees to appear and defend all actions against the City arising out of the exercise of said permit, and shall indemnify and save the City, its officers and employees and agents harmless from any and all claims, demands, actions, or causes of actions of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of this permit. • -6- i3/ ORDIHA.NCE YO. Pace , '; 3) n s.,^eduie of races _~csa~ to .._ ., ~,a-.~~~ t::e applicant. "(14) F'hether applicant is seeking a permit to provide advanced life support (emergency) or basic life support (r.on- emergency) level of service, or both. "Sec. 8.1£.050. Investigation by city manarie r. "Upon receipt of a completed initial (non-renewal) applica- tion, the City Manager shall conduct an investigation to determine if the applicant meets all requirements of this Chanter. Cpon completion of his investigation, the City Manager shall re m:^-,end to the Council that a permit be granted or denied. The deter- mination of the Council shall be made after a duly noticed public hearing upon the qualifications of the applicant. "Sec. 8.18.060. Issuance or Denial of Permit. . "(a) The City Council shall order the issuance of a new permit to conduct an ambulance service in the City upon find- ing that the applicant meets all requirements of this Chanter. "(b) The Council may deny a new or renewed permit if it finds any of the following conditions to be true: "(1) That the application does not contain t.._ i..^.f ormation recuired by the provisions of this chanter; or "(2) That the vehicles described in the application are inadequate or unsafe for the purposes for which they are to 6e used; or "(3) That the coloz scheme, name, monogram, or insignia to be used upon such vehicles is in conflict with or imitates any colon scheme, name, monogram, or insignia used by any person so as to be misleading or tending to mislead or mis- represent material facts. "(4) That there is insuff icignt need for such addi- tional ambulance service within the City; or "(5) That applicant or the~roposed ambulance opera- tion does not satisfactorily meet all equirements set forth in this Chapter. /I ~~ ' ~,-= 3 "(c) :he Covncil may deny a permit if tr;e aop_icaat or any partner, officer or director thereof: • "(1) Was previously the holder of any ambulance permit which permit was revoked or suspended; or .';~) °as, c:_t:.in the przcading five ': 3 ..>ars .. ,-.•. _`°.". any 3Ct, 'dhlC::, if ]p:':.ii t`_ed by dnV p2r^L"_=c_. would be grounds for the suspension or revocation of a per-,.t issued pursuant to this Chapter; or "i3) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or where the applicant has benefitted; or "(4)~Has acted as an ambulance service operator in any City without possessing a required permit therefor; or "(S) Has aided or abetted any person in violat:r.g any provision of this Chapter or any other ambulance ordinance; or "(6) Has made any material misstatement of fact upon any application, or during the course of any investiga- tion, required or permitted by this Chapter. "(d) BONDING OF APPLICANT. Before any pe rnit is issued under the provisions of this Chapter, the Council may recuire• the applicant as a Condition to the issuance of the permit to post with the City CLerk a cash bond in the sum of Twenty Five Thousand Dollars ($25,000.00) or a surety bond in the same amount furnished by a corporation authorized to do business in the State of California, payable to the City. The bond shall be conditioned upon the fall and faithful performance b the permittee of his obligations under the applicable provisio.^.s o` this Chapter and shall be kept in full `orce and effect by the permittee throughout [he life of the permit and ail renewals thereof. "(e) As a condition of issuance of a oe mit to operate an ambulance under this Chapter, permittee shall hold harmless, indemnify and defend the City, its elected officials, officers and employees from any and all claims and lawsuits for damage to persona or property arising out of or in any way connected with permittee's ambulance operations or operations of permittee officers, employees and agents with respect to the provision of ambulance services, to khe maximum extent provided by law. "(f) LIABILITY INSURANCE. The permittee shall obtain and keep in Force during the term of said permit public liability insurance issued by a company authorized to do business in the £tate of California, insuring the ambulance service operator and his/her employees, and also naming the City, its elected • -S- ,.1~ n u ORDINANCE N0. ?age 9 ..c= ial=, .,c__cers and _:-.o to;ae~ as onal _. _„___., ~_ such policy, against loss by reason of vnjnry cr iacaces to persons or prcperty arising from the operation or defective construction of such ambulance, or from violation of this Chapter or of any other law of the State of California or of the United States. Said policy shall contain provisions, to the extent said insurer is willing to provide, waiving insurer's right of subrogation, making all oolicies primary and non-contributing, and said policy shall be in the sum of not less than Four Million Dollars ($4,000,000.00) for personal injury to or death of any one person in any single accident; and the limits of each such policy shall not be less than Four Million Dollars ($4,000,000.00) for damages to or destr.:c- tion of property in any one accident. Workers' Compensation insurance shall be carried covering all employees of the permittee. Copies of the policies or certificates evidencing such policies shall be filed with the City Clerk prior to the effective date of any permit issued hereunder. All policies shall contain a provision requiring thirty (30) days notice • to be given to the City Clerk prior to cancellation, modifica- tion or reduction of limits, of any policies required herein. "Sec. 8.19.070. Content of ee rn.it. "The permit shall specify the dates of issuance and of expiration, the license number or vehicle identification number of each ambulance authorized thereu rder, number of a.:,bu:once vehicles to be used by the oermittae, plus any soecial concitions iaposed as a condition precedent to the issuance of such permit by the City Council. "Sec. 8.18.080. Amendment of nernits. "Upon request by the permittee, the City Manager may amend tha conditions specified in a permit if. he finds such requested changes to be in substantial compliance with the provisions of this Chapter. Such amendment shall not affect the exniration date of the existing permit, nor shall it authorize a change in ownership from that specified in the original permit. Sec. 8.18.090. Renewal of permits. "(a) Permits may be renewed annually by the City Manager upon application of the permittee made at least sixty (60) days .~ prior to expiration of the current permit, if the pe rnit holder -9' !37 ORDINPNCE NO. ?age _0 nroreses no s~~bstantial change i, the ^a Care of sec-..e 9~ .. ,, . ed, _ tie City ~ar,acer determines that _:~.e _ .._c holder has, during the period of the exoirina permit,-operated in conformity with the provisions of this Chanter and the rules and regulations of the City, that he is capable of con- tinuing operation in con£ormi ty with the rules and regulations of the City, and that all facts contained in the original and rerewal application are still true. "(6) Unless good cause can be shown by the oernittee, it shall be a valid basis for non-renewal of a permit if the permittee has not, during the preceding permit period, had a Code 3 response time in at least 958 of its emergency calls cf ten (10) minutes or less. Said response time being measured from the time the permittee is given the request until the permittee's ambulance actually arrived at the location for which the service was requested. "(c) If the renewal application proposes a substantial change in the content of the permit, the application shall be processed as a new application pursuant to Sections 4.1.05 and• 4.1.06 of this chapter. "Sec. 8.18.100. Suspension and revocation of permits. "The City Manager shall be empowered to and may suspend or revoke any permit issued under the provisions cf this Chactez when it has been found after investication that the permittee has become insolvent, or the permittee or any partner, officer, director, or employee of permit holder: "(a) Has violated any section of this Chanter or any rules or regulations that are promulgated by the Ciey •.+hich relate to the permit activities; or "(b) Has been convicted of any offense relating to the use, sale, possession, or transportation of narcotics or habit forming drugs; or "(c) Has committed any act involving dishonesty, fraud, oz deceit whereby another is injured, or the permittee has benefitted; or -10- • i '3 ORDINANCE N0. Page 11 '';d) Has ^.i srepresent=_d a ra>+rial -_ __ icg a pe ^.i t, o: is no longer acherin3 to the conditions `~_.. imposed by this Chapter or t7 the City Council; cr "(e) Has aided or abetted any person in violating the provisions of this Chapter or any law relating to the activities permitted hereunder; or "(f) Has failed to make or keep any records or logs as required herein, or has failed to have such records available for inspection by the City Manager or his duly authorizes representative for a period of not less than three years after completion of any activity to which the records refer. "(g) Has accepted an emergency call when applicant knows or should have known that he is unable to provide the requested service, or when applicant has accepted an emergency call and fails to inform and obt.^..n consent from the person requesting such service of any delay before causing an ambulance to respond from a Locaticn so distant as to cause a response • time greater than ten (10) minutes. "(h) If holding a permit authorizing emergency service, and without prior approval by City, has failed to provide an ambulance, complete with appropriate personnel, within the City, capable and authorized to provide advanced life support level of service, for a continuous period exceeding twenty-four (24) consecutive hours. "(i) Fails to notify the Foothill Protection District Dispatch Center of a request or need for emergency ambulance service, as hereinafter required, within the City. "(j) Operates an ambulance denoted as a parar,.edic unit by wording or lettering on the unit without qualified MIC personnel and equipment in the vehicle. "(k) Has or has attempted to assign, transfer or sell any interest in ownership without complying with all conditions set forth in this Chapter. "(1) During any validation period of not less than thirty (30) days, has failed to respond to 958 of Code 3 calls within ten (10) minutes or less. -11- ,? 7 ORDINANCE NO. • Page 12 ;:^.) Has had derive the ef`ectiaz period ~- permit gran tzd hz reunder, any 1.cense or cermic to ccerate~ an ar. `~ulance in any City, County ~r State suscended cr revokes. "Sec. 8.18.110. Suspension, conditional opera ' and temporary variance. "(a) At least thirty (30) days prior ~to any sale, transfer or change in ownership interest of any kind or nature, any interruption of service, or any change in staffing or equipment of the permitted ambulance service, the permittee shall notify the City Manager immediately in writing, stating the facts of such change. Failure to obtain approval of City Manager prior to such changes or interruption shall be grounds for ia:.ediat permit revocation. "(b) Upon request by the pezrii tree, the City Manager may grant a temporary variance in writing from the conditions specified in the original permit if he finds that such change is in substantial compliance with the provisions of this Chapter. If the City Manager finds that such change is not in substanti~ compliance with the provisions of this Ordinance, he may deny permittee's request. In all cases when a change of ownership is planned, an application for a new permit shall be filed thirty (30) days prior thereto. The application must contain all information required in this Chapter with respect to new permits, and said application must be approved prior to the effective date of any such change of ownership. Failure to obtain prior approval shall be grounds for revocation cf any permits previously issued hereunder. "Sec. 8.18.17._0. Appeal procedure. "If the application for renewal of a permit is denie3 by the City Manager or if the City Manager suspends or revokes a permit, the permittee shall be given written notice specifying not only the action taken, but in the event of a suspension or revocation, the effective date thereof, which shall be not less than fifteen (15) days after the date of said notice, except as otherwise provided hers i:.. Cush notification shall 6e by recistered or certified mail. -12- • u~ ORDINANCE NO. ?age 13 "(a) i;ithin ten (10) ca lenda: days after t:-e S'1 C.^. .^.Ot1`_~C3t1Jn, .._ .. ^.,ltt°_e "aJ _ ?St ] L23r ::.~ ..__~__ th2 C1ty SSdndgeZ. $L'Ch regUeSt mcSL be in 'drltlnC t0 r;~P City Clerk. if such request is timely made, the effective date of any denial, suspension or revocation shall be extended until fifteen (15) days following the City Manager's action upon said request. The City Manager may, after such hearing, affirm, modify, or set aside the original decision. If no timely appeal is received, the City Manager's decision shall be final. "(b) If, after the hearing provided for above, the City Manager denies renewal, suspends or revokes a permit, the permittee shall have the right to demand a hearing by the Council. A request for a hearing shall be made in writing tc the City Clerk wit'r.in fifteen (15) calendar days following the denial, suspension, or revocation of the permit. Upon receipt of a written request, the City Clerk shall set the matter for hearing on a date not pore than sixty (60) days following receipt of the written request and give notice to the appellant, the City Manager, and any other interested persons who may present evidence, relevant to the decision of the City • Manager. Nithin thirty (30) days following the conclusion of the hearing, the Council shall make findings and issue its order modifying, affirming or denying the action of the City Manager. If no timely appeal to the Council is received the City Manager's decision shall be final. "(c) Except as otherwise herein crovided, during the tine available to request an appeal, and at all tires prior to the rendering of a final judgment, the effect of such non-renewal, suspension or revocation shall be stayed. T`.e decision of the City Council shall be final. "(d) Notwithstanding any other provisions herein contained to the contrary, the City Manager shall be empowered to effect an immediate suspension of a permit, pending hearing, without delaying the effective date thereof if he first finds the continued conduct of such permittee constitutes a danger to the public health, safety or welfare. "(e) Any permittee whose permit has been suspended under the provisions of paragraph (d), above, shall have a hearing scheduled before the City Manager within five (5) work- in3 days of such suspension. An aggrieved permittee may appeal the City Manager's decision as provided in Section 4. 1.12(b). However, the suspension shall not be stayed during such appeal procedures. -13- CRDIVA9CE a0. pa?e :, "Sec. 8.13.130. Hmeraency service recuirere~~s "Each emergency service permittee shall provide advanced life support (paramedic) ambulance service on a continuous twenty-four (24) haura per day basis during the entire term of the permit. "Sec. 8.18.140. Conformance with permit requirements. "No ambulance operator shall provide ambulance service for ambulance calls originating within the City unless he shall first have obtained a valid City permit in accordance with this Chapter. "Sec. 8.18.150. Standard s. for dispatch. "Each emergency ambulance service receiving an emergency request shall dispatch an ambulance in compliance with all Ci~ procedures and procedures required by all applicable state and county codes. If an ambulance is not available for immediate dispatch, the procedures required by all applicable state laws, including the California Administrative Code, and any applicable county codes. "(a) The Foothill Fire Protection District D_s- patch Center shall be immediately notified by per~ittee of any emergency ambulance request or need. "(b) All emergency service ambulance operators shall maintain a log for a period of three (3) years contain irg ail dispatch and arrival times and locations, the nature of the medical emergency, the total amount charged and the name of the recipient of such services, all made under penalty of perjury and available for inspection by City representatives during office hours. "All non-emergency ambulance operators sha21 main- tain a similar log, except that dispatch and response times shall not be required to be recorded. "(c) No ambulance shall be dispatched without having first received a legitimate request for such services. • -1~- ax ORDINANCE NO. Page 15 regLLlr ?nt- _ _ __ _ _ "Ambulances shall be maintained at all times in good mechanical repair, in a clean and sanitary condition, and in full compliance with all applicable local and state laws. "(a) MINIMUM EQUIPMENT. All ambulances shall be equipped with two-way radios and all other safety and emergency equipment required for ambulances by the Califoznia Vehicle Code and the California Administrative Code, administrative rules of the County Health Officer as the same are now written, or hereafter amended, and any other rules or regulations applicable to ambulance services. "(b) EMERGENCY (ALS) AMBULANCE EQUIPMENT. In addi- tion to the regular ambulance equipment and supplies, all ALS ambulances shall also be equipped as required under the admini- strative rules of the County Health Officer, and as required by any other applicable state or local regulations. "(c) MAINTENANCE OF EMERGENCY EQUIPMENT AND SCPPLIES. Dressings, bandaging, instruments and other medical supplies used for care and treatment of patients will be protected so they are sterile when ready for use. "Sec. 9.18.170. Ambulance personr.e 1. "Every person who drives an ambulance within the City, while resnondinq to calls, shall comply with all applicable requirements of state law, including, those requirements set forth in the California Administrative Code for ambulance drivers. The driver of an ambulance shall be trained and competent in the proper use of all equipment required by this Chapter or other applicable law. The driver shall also hold a certificate of at least an EMT-lA unless the ambulance service operator has been specifically exempted from this requirement 6y the Council. The driver shall hold a valid California drivers license which authorizes driver to drive an ambulance. "(a) AMBULANCE ATTENDANT. shall be trained and competent in the ment required by this Chapter, or by shall hold the required certification -15- All ambulance attendants proper use of all equip- other applicable law, and of at least an EMT-lA. rJ:4 ORDINANCE NO. Page 15 L` t!:e •:ehic_a is being used as an emercency serv'_re (atsi ambulance, at least one attendant shall hold a curie r.t cer~i- :icate as an MIC paramedic (EMT-P). "(b) ATTENDANT REQUIRED. Each ambulance being operated within the City, in response to an emergency call, shall be staffed by both a driver and MIC Paramedic. The MIC Paramedic of an ambulance responding to an emergency call shall occupy the patient compartment while transporting any person in apparent need of medical attention. In non-emergency calls, the attendant must hold, at minimum, a current EMT-lA certificate. "An ambulance driver or ambulance attendant who is a California licensed physician oz an MIC nurse currently certi- fied, shall be exempt from the emergency medical training require- ment of this section. "This section shall not apply during any 'state of emergency' or 'local emergency' as defined in the Government Code of the State of California. "Sec. 0.18.180. Continuation of call. • "An ambulance based and properly licensed outside the City but not licensed 6y the City shall be authorized to transport a patient to or through the City, but shall not be authorized to transport patients originating in the City, except in emergency situations when no other licensed emergency service provider is reasonably available. Zn the discretion of the requesting agency, and subject to subsequent'zeview by City, a non-City licensed ambulance may be utilized in life and death situations when no licensed provider is reasonably available. "Sec. 8.18.190. Emergency and disaster o erations. "During any 'state of war emergency,' 'state of emergency,' or 'local emergency' as defined in the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Govern- ment Code), as amended, each anE~ulance service operator shall provide equipment, facilities, and personnel as required by the City Manager. -16- • ~/ y ORDINANCE NO. Pace 17 "sec. 3.19.2 ^,0, ser cc-clsi^t rece3uraa "Any user or subscriber to an ar.;oulance service contend- ing that he has been required to pay an excessive charge for service or that he has received unsatisfactory services may file a written complaint with the City Manager setting forth such allegations. The City Manages shall notify the affected permittee of such complaint, and shall investigate the matter to determine the validity of the complaint. if the camp Taint is determined to be valid, the City Manager shall take a reason- able and proper action to secure compliance with the conditions of this Chapter. "Sec. 8.18.210. Enforcement resnonsib ilities. "(a) The City Manager shall make all necessary and reason- able rules and regulations, subject to the approval of the Council, pertaining to ambulances, ambulance service operations, equipment, ambulance personnel, reasonably necessary for the effective and reasonable administration of this Chapter. . "(b) The City Manager, during office hours or otherwise upon reasonable notice, shall be authorized by permittee to inspect the records, facilities, vehicles, equipment and methods of operation whenever such inspections are deemed necessary. "Sec. 8.18.220. Excused oerform once. "NO operator shall be deemed to be in violation of its permit if it shall fail to provide, either in whole or in =art, the services otherwise required, without fault of permittee, if such performance is prevented by any of the following: "(a) Acts of God; "(b) Labor strikes or disputes; "(c) Intervention of any government body; or "(d) Any Force reasonably beyond the control of the operator. -17- GRDINANCE NO. • Pace ld "It shall 6e unlawful for any oerson, firm, partner- ship or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person, firm, partnership, or corporation violating any provision of this Chapter oz failing to comply with any of its requirements shall be Seemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars (51,000.00) or by imprisonment not exceeding six (6) months, or by both such find and imprisonment. Each such person, firm, partnership, or corporation shall he deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chanter is committed, continued or permitted by such person, firm, partnership or co zporation, and shall be deemed punishahle therefor as provided in this Chapter. "Sec. 8.18.240. Civil remedies available. "The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. "Sec. 8.18.250. Severabi li b~. "The City Council hereby declares that should any pro- vision, section, paragraph, sentence, or word of this Chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any pre- emptive legislation, the remaining provisions, sections, para- graphs, sentences and words of this Chapter shall remain in full force and effect." SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shamsattest to the same, and the City Clerk shall gause the ordinance to 6e published within fifteen (15) days after its passage, at least once in The Dail Report, a newspaper of general circulation, published in the City o Ontario, and circulated in the City of Rancho Cucamonga, California. PASSED and ADOPTED this day of ___ , 1985. • -10- ayor '!b u --CITY OF RAtiCHO CCCA~10\GA STAFF REPORT `~ .r r _`j ~~'~ -; ~= Z - - ~„-° i DATE: May 1, 1985 T0: Mayor and Members of City Council FROM: Lauren N. Wasserman, City Manager SUBJECT: AMBULANCE SEAyTCES IN RANCHO CUCAMONGA AND THE NEED FOR REGULATION Aa directed by [he Ci [y Council, a three-member task force wee created to review and de [e rm ins [he need for regulating ambulance sett' ices within [he City. After rev iev of all pertinent information and issues surrounding ambulance services, the taak force has prepare [hie report which iden[if zea the follw ing; * The respons ibilitiee of those public egenci es directing ambulance services * Those emergency and non-emergency transfer services provided during the 1984 calendar year * issues relating [o ambulance ae rv ice regale [i on I[ will be helpful to note initially the designation of emergency call and Cranaf er call es recommended by the teak force: Emeraencv Call means a non-echedu led request for the die pa [ch of an ambulance made through the San Bernardino Councy Sherif f'e Department, a Fire protection district or a privece ambulance company to prw ids immediate aeaistance for a pe re on who apparently hoe a sudden or unforeseen need for immediate medical attention. Transfer Call means all other calla which are not of an emergency nature. C J These definitions will play a critical role in the Council's setting policy r ela [i ng [o level of service. The task force contends Chat all calla can be defined as eith ez of the above, / !? 3iM City Council Agenda May 1, 1985 AMBULANCE BERCICES IN RANCHO CllCAMONGA Page 2 • Additionally in considering the regulation of ambulance services, it may be helpful [o understand [he criteria used by the Couv[y of Ban Bernardino in de[erm fining "need" for certifying paramedic se rv rtes. The following is extracted directly from the County of San Bernardino: "Any organize [i on propos ivg to prw fide Advanced or Limned Advanced Life Support aervicea moat submit a formal letter of application, accompanied by a proposed ae rvrce play, for rev rev and approval by the Health Officer. The appl icaac moat demoas[rate Che need for such class of service avd its economic feaeibil ity, and that the proposed aervite will be prw ided comps ten[ly and of tici ently at a level of quality meeting or exceeding current etandarde. I[ is the general inteati on of the couv[y tv ensure [ha[ 24-hour Advanced Life Support se rvicee are available and coat-effective in all densely populated areas of [he county, [hat 24-hour Limited Advanced Life Support services are developed [o serve suburban and semi-rural erase where Advanced Life Suppoz[ services are vo[ justified by service volume and economic feasibility, end that 24-hour Basic Life Support ae rvice~ are available throughout the remainder of the county. The Bealth Off tcer shall review and approve or disapprove eppl ice[i one based on th fie general intent, and when indicated, will recommend S modif [cation of servtce plane to conform. The Health Officer may consul[ the Nobile In[eneive Care Advisory Commtt tee, Che Emergency Medical Cere Committee, and other interested c ommuvi cy and prof eaeional organize ti one in making de cerminatione of service class pursuant to this plan." For the Council's reference, a copy of Ocdi nonce No. 230 is attached. The reek force recommends [hat after coneidera[i on of these findi nge, [he city council direct etaft to prepare an ambulance ordi Dance which ref lec[a the pol ici ea of the council. Beaed on recent testimony, Che County is currently considering rev reion for determining "need" to certify paramedic aervicea. I[ also should be noted that it is the City At [orney'e opinion that [he County hoe no legal authority to restrict addi tioml ambulance prw idera from operating within [he City base upon "need" of eery tce. Nh tle [he County is legally rceponei6le for apprw ing and car tityivg paramedic pe reonnel, [he City should meintai^ the authority to restrict or not restrict [he number of prw idera operating within its boundari ee. • iv9 ~' City Council Agenda May 1, 1985 AMBLZAN CE SERVICES iN RAN CNO CUCAMONGA Page 3 BIffi0.GBIIC4 AIID iQA0.SF60. 0.0.3YQISR P0.0CSDO0.B.4 Emergencv ftesponae Procedure Last year, [he Foothill Fire District responded to approximately 1300 medical emergencies. Aa policy, the Fire District dispat chew at leas[ one fire engine with personnel certified ae Emergency Medical Technician I (EMT) for each emergency call. These personnel usually arrive on [he scene prior to the pt ivate ambulance, since they seldom leave District 6oundar ies and are closer to the scene than the private ambulance company. The large majority of emergency calla are dispatched to the Foothill Fire District via [he fire district direct ly or the fleet End 5herifE Staci on in Ontario. From Cher e, Foothill Pire dispatches its own personnel Co the scene as veil as a paramedic unit prw ided by the private ambulance company. Upon arrival [o a medical emergency, the Emergency Medical Technician I takes appropriate action to the extent his/her trei ni ng allwa. Private ambulance paramedics, upon arrival, will take charge of the medical emergency with the Foothill Pire District personnel aaeie [ing where ne ceseary. lrhen paramedics arrive on the scene of a medical emergency, a communica [i on link is estebl iehed be cveen a physician in an emergency room at a nearby hospital and the paramedic on the scene. AB pert of the procedure, a deecripti on of [fie patient's vital signs, the nature of [he injury, the mechanism of injury, and medical hiat ory ie conveyed to the phyaici an. The paramedic, under auperv iaion of a hospital physician, establishes an IV (in[rav enous) to ensure a nay co quickly adm inis[er drugs directly into [he circulatory system should it become ne ceesary. Adjunctive equi pmenc, heart monitoring equipment, and other medical devices may De utilized by the paramedic as ne teas ory. IC should 6e noted that if priv ace ambulance personnel were EMT I certified ra th ex than paramedic qualified, there would be na appreciable increase in patient care other than the vehicle co physically tr anaport the patient to the appropriate medical fact lity. In addition, the absence of a paramedic in emergency situations would preclude the adm inis[ration pE various procedures and equipment as mentioned above. Ifiile emergency room service is 10-15 minutes from the City of Rancho Cucamonga, the 6enef its of per amedic administered procedures and medication could significantly reduce injury and ultimate ly save liv ea. Transfer Cell Procedures Both the Foothill Fire and the independent ambulance compani ee receive requests for non-emergency tr anef er service. In each ca5ee, [he Fire District does not dispatch their unite, but ref ere the reque eC to the private company. /S~ ~'~' City Council Agenda May 1 , 1985 AMBULANCE SERVICES IN RANCHO CUCAMONGA Page 4 • Su®arv of Emer¢encv and Tranefe C lle As reported by [he Foothill Fire District, the following is a summary of those emergency aerv ices pe rt ormed during the calendar year 1984. AB noted, approximately 60x of [hose 1300 calla dispatched were emergencies requiring paramedic ae rvice, M additional l0I were attributed to non-emergency transfer whereby patients needing no paramedic service were [zanef erred from one location [o another (i.e. home, office, hoe pica l). It is aigaif icon[ to note Ghat [he number of non-emergency [zanef er calla will increase eignif icantly vhen [he new hoe pi tal ie completed. The follwing data also indicates a percentage br eakdova of [hose different types of medical problems requiring paramedic service. Summary of Emer¢encv C lls Ou ri ¢ 1984 (Based on a Partial Survey of 1300 Calls) Percentage of Total calla responding with oe ramedic aerv ice 1005 Percentage of total calls defined ae emergency 70S Pe rcen[ege of total calls requiring paramedic service 60S Percentage of total calla for non-emergency treoefer lOX T ne f M di l E • y o e ca mer¢enci Bee onded to (Based on a Partial Survey of Calls) Trauma zox Traffic Collisions 18S Hearf Probl ems 12I Diffitul[y Breathing gX Seizures 62 Over Doae 4S Stroke 1X Other 1S cuu~x s~vxca Pcovlung Presently, the City ie serviced by three ambulance compani ea -- Trans Medical which prov idea both emergency medical and non-emergency traneter services and Canyon Me di<el Service which pr ovidea only non-emergency tranefez service, end Schaefer Ambulance which provides only non-emergency cyan of er service. • /~ City Council Agenda Nay 1, 1985 AMBULANCE SERVICES IN RANCHO CV CAMONGA Page 5 • Trans-Medical As a County appr w ed paramedic provider agency, Trans-Medical, macn[arns two 24-hour pa zamedic ambulances a[ two base locations (Foothcll a[ Grwe and 9400 Base Line Road) within [be Ci[y. Trans Medical also main[alna eight additional 24-hour paramedic ambulances, and f[ve additional EMT-1 ambu lavicee withiv [he surrounding communiti ea which could be av aila6le to residents of Raocho Cucamonga. Note [h a[ upon a request for either an emerge vcy or [ravaf er call, a paramedic ie dispatched. Emergency service rates are charged only if [he call ie de [ermtoed to be of emergency status, otherwise [he base rate of $75.00 is charged. Schedule of rates charged by Trans-Medical are ae Eollowe according co emergency (paramedic) or non-emergency transfer (EMT-1) <nnn ~. ,. Base Ra[e Mileage (coat per mile) Nigh[ Service (additional) Waiting Time (per IS mcn) Oxygen Administered Paramedic Reepovae Emergency Res ponce Nan-Emerxency Transfer Emerxencv S 75.00 $ 130.00 5.00 6.00 32.00 32.00 22.00 22.00 15.00 15.00 N/A 65.00 N/A Canvon Medical Services Canyon Medical maintains three 24-hour EMT-I ambulances in Upland for use within Rancho Cucamonga ae non-emergency transfer service vehrct es. Presently, the County of San Bernardino is coneideri ng Canyon Me di ca l's application for paramedic certification. Canyon Medical proposed locating one paramedic ambulance within the City, ataf ked by one paramedic and one EMT-1 if the certification ie granted by the County. Transfer Calla Emergencv Celle (orovos ed) Base Rate S 75.00 $ 100.00 Mileage (coat per mile) 5.00 5.00 Night Service (additional) 20.00 20.00 Kai [i ng Time (per 15 mrn) 15.00 15.00 Oxygen Adm inietered 12.00 20.00 Paramedic Rea ponce N/A 50.00 Emergency Response N/A N/C Throughout the 1984 calendar year, Trans Medical responded to 2,184 emergev<y calls and 46 nnn-emergency calla. Of [hose emetgency calla, 804 (36S) were cl aeeif ied ae "dry rune" where no transport was vecesea ry. Cenyoo Medical Services, for a nix month period in 1984 reepoaded to 14 non-emergency cells within [he City. Canyon Medical did no[ begin operating until July 1, 1984. i~ i ~~ City Council Agenda May 1, 1985 AMBOLANCE SERVICES IN RANCHO COCAMONGA Page 6 • Cole-Schaefer Ambulance Cole-Schaefer maintains 1 24-hour EMT-1 ambulance a[ 10722 Arrw Route, Suite 206 in Rancho Cucamonga. Presently, the County of Sao Bernardino is considering Cole-SChaefer's application for paramedic certification. Ra tea charged by Cole-Schaefer are in accordance with the min iumum races ellwed by [he County. POLICY ISSOSS ilHICH 1SQOIIIE CIYY 000lCIL DIIISCTIO~ To determine [he appropriate regulation of ambulance aety ices which [he City should implement and to establish gu idel inee for an ambulance service ordinance, it ie recommended that the City Council address the follw ing policy issues. Level of Service Yhat uniama •tavdards should be established Eor penovnel responding to emergency avd non-aergencY callsl Oo[ion 1: Adopt minimum paramedic un ivereal efanderds for ambulance personnel and equipment for both emergency and tr anefer services. • Re salt: Would require paramedics on all ambulance rune (emergency and trenaf er calla). Paramedics may no[ be necessary for non-emergency [r anef er calla, and such policy could prohibit some providers from operating trenaf er services in the event they do not obtain a County required pe rmi[. Ootion 2: Require paramedics Ca be die pa [Ch ed for all emergency calls while requiring only fiMT eta [us for non-emergency trenaf er services. Result: Mould provide en eppr opria[e service level necessary for emergency and [ranef ez calls. Would also allw tr anefer service prow idere [o continue operating with in [he City. Recommendation: For the overall benefit of the community, i[ is recommended that Option 1 6e impl emen[ed. Should all aabu lance service providers be required to obtaiv a Co®[y permit before operating nithiv [he Ci[yP Option 1: Require a County permit from all ambulance prw idere operating emergency and/or [ranef er cell services within Rancho Cucamonga. Permit [o be determined according to paramedic training and "need" of ee rv ice within community (ae established by County ordi Dance). • is? 3RG Ci [y Council Agenda May 1, 1985 AMB L'L ANCE SERVICES IN RAN CNO CO CAMONGA Page 7 • Result: Would require a County permit [o operate in [he City ltmt [s and in [he unincorporated areas within Rancho Cu camonga's sphere of influence. In approving or denying a permrt, the Ci cy would allw the County to def the "need" of additional serv use as part of [he perm[[ criteria. To date, the Coua[y has denied a permit for Canyon Medical based on "need" of additional services with to Rancho Cucamonga. In the event the Ci [y allws [he current County policy, and in Che event the County deni ea future providers from operating paramedic services, only one company would continue serv tcing all of Itanoho Cucamonga. Such could team ct nece esary serv Ues in a rapidly grw ing community and in the even[ of a major di sa stet. In Che event City policy requi tea a paramedic on all rune (including tranef er calls), those companies currently providing non-emergency [ranefer eervtce only would also be required to obtain a County perm u. Ootion 2: Require a County perm[[ from all ambulance prw iders operating emergency and/or [ranefer call services. Permtt [o be determined according to minimum pe ramedic guidelines Daly. Reaul[: Would require a County permit to operate emergency and tranef ez services in [he City. In apprw ing or denying a perm[[, [he City could de termtne the "need" far additional services, whtle [he County would • gran[ or deny a perm tt based on the mtnimum criterta for paramedic personnel and equipment required for advanced life aupporc ae rvtce. The County, then, could no[ deny a permit if i[ determtned [hat the community had no "need" for additional paramedic services. I[ ie the Ci [y Atcorney's opinion chat the County has no legal authority to restrict additional embolance pr widers from operating within the City based upon "need" of service. Rather, it is the County's responsibility to appr we and certify an ambulance provider for paramedic service, while [he Ci cy maintains the authority to restrict or no[ restrict [he number of prw iders operating within i[e bounds vies. In [he event City policy requires a paramedic on all tuna (including [r anef et calla), those companies currently prw iding non-emergency [ranefer service only would also be required [o obtain a County perm tt. Oo[i on 3: Require a County permit to operate emergency call services (excludes tr anefer calla) in both the Ci [y limtte and in [he unincorporated areas of Rancho Cucamonga. Permit to be de term toed according to minimum paramedic guidelines and "need" of service with to the community (ae ee tabtiahed by County Ordinance). Result: Would require a County permit to operate emergency (paramedic) service with i^ the Ci cy limits and unincorporated areas, while no[ requiring a permit for tr anefer (son-emergency) service. Option 3 would allw the County [o de Germ ins "need", but would still allw th nee companies prw iding only non-emergency tranef er service to coot[ nue operating within the City. ,iY :~ City Council Agenda May 1, 1985 AMBULANCE SERVICES IN RANCHO CUCAMONGA Page 8 • Oo[ion 4: Require a County permit Co operate emergency call services (excludes transfer calla) in both [he Ci [y and in [he unincorporated areas. Pe rm i[ to be de [ermined according [o minimum paramedic guidelines only. Result: Mould require a County permit [o operate emergency calls, but not [ranafer cal le. In apprw ing or denying a permit, the City could determine [he "need" for additional services, while the County would grant or deny a permit ba aed on [he minimum criteria for paramedic pe re onnel and equipment required for advanced life support sezv ice. Option 5: Do not require a County permit from ambulance providers operating emergency and/or transfer call services rich in Rancho Cucamonga. Reaul[: Prw iders without a County permit may no[ maintain the appropriate paramedic equipment and personnel on emergency runs, and therefore endanger the community. Addi [i onal ly, prwid~ rs without permits could not operate within unincorporated areas and would be restricted Co City limits. Option 5, then, could limit services prw ided [o residepte. Recommendation: Option Yhs[ minim •taodarda ahomid be eatabliahed for eueergency vehicle egwip~emt/anppliea and non-eaergemc) [ranafer egmip~ent/ampplieat Oot ion 1: Adopt paramedic equipment and vehicle standards for vehicles responding to emergency calls in order to allw for the av ailabili[y of emergency medical equipment and supplies. For vehicles responding only to non-emergency [ranafer calla, require [he minimum of EMT-1 equipment and vehicle standards. Ambulance prow iders may utilize paramedic equipment and vehicles for non-emergency tr anef er cells, however. Result: Mh ile emergency medical supplies may not be necessary for [ranafer service, maintaining only emergency paramedic unite would allow more flexibility in responding to calla during a major emergency. Requiring ape ci ally marked vehicles for tranef er services could restrict service levels since other local jurisdictions require prw ider [o maintain only paramedic units. Requiring a minimum of EMT-1 level equipment and vehicle standards would still allw ambulance compani ea to provide only non-emergency [r anef er service. • Option 2: Designate varying equipment and vehicle standards for emergency and non-emergency [r anef er calla according to emergency auppl ies necessary for the ae rv ices. • /S 1" ~~ City Council Agenda Nay 1, 1985 AMBULANCE SERVICES IN RANCHO CllCAMONGA Page 9 • Result: In remote cases, Ch is option may no[ be beneficial Co [he public health in the even[ an emergency situation occurs during non-emergency transfer service. Such a situation is no[ foreseeable and may be unavoided. This option would require any existing company providing a strictly non-emergency transfer service wi Chin the Ci [y [o utilize paramedic equipment and vehicles when it may not he necessary. Recommendation: Option 1 Yhat unison. ^tandard shonld be eatabl iahed a reapome tine for energency ssediul aer~ice2 Option 1: Establish arbitrary "reasonable" rea pones Cime ae de term fined by past record of ambulance response e. (Sts tiatical average 8 minutes) Result: Averaging allwa for a vide variance is res posse times, including the pose ibility for 20-30 minutes responses. Option 2: Eatabl fish reasonable response time according to [he California Righwey Patrol standards (30 minutes for not less than 95S of all emergency calla). • Result: Utilizing State stands rde should be reasonable criteria and warrant compliance. City could of Eiciently monitor euc teas of standard response time and use i[ in determining the appropriateness of renewing provider's permit. Recommendation: Option 2 Ra [e Structure Should City regulate rate •ttucture of a~bolaoce aewiceaY Option 1: City establishes reasonable rate structure based on pr ov idez req assts due co increasing costa. Re salt: May lead to high rate increases if based on increasing prw ider costa. Could create conflict among prw idere. ODCIOn 2; Allow service prw idere to se[ rates. City may monitor ra tea sec by providers ba eed on th one races charged by prw idera in other local juriedicti one. ij6 ~~ City Council Agenda May 1, 1985 AMBULANCE SERVICES IN RANCHO COCAMONGA Page 10 • Result: should cr ea[e a Eair and equitable rate structure whcch can be warranted by rate structures of other jurisdictions. City Council will not become involved in annual discussion of rate increases, but public will be assured [hat rates are generally comparable [o other communities in [he Heat End. If we encounter pr o6lema with Chis pr opoaed policy, [he City Council has [he option of impl emen[ing a formal fee structure at a later date. Recommendation: Op[i on 2 ADDISIOEdL P[DPISIOSS POt AImDLMCE $E[YICE [EGDLASIOe From a review of [he proposed Ordinance No. 230, [he teak force recommends [ha[ Che Eollwing prw isions, as written in that ordinance, be included in a new draft ordinance. A copy of Ordinance no. 230 has been attached for your reference. Pe rmi[s - Section 4.1.02 through Section 4.1.12. Note: It ie recommended [hat ell ambulances be certified by the California Highway Patrol. A prw ie ion requiring the prw ider to submit the most recent Ambulance Inspection Report ieaued by [he California Highway Patrol • should be included in reoewel of permit. Additionally, the task farce recommends [he prw ision of S minute response time (95S of calls) be altered to ref lac[ a 10 minute res ponce time for 95S of calla, as eetabl iehed by the CNP. Investigation By Ci[v Manager - Section 4.1.05 Emergency Service fteauirement - Section 4.1.13 Conformance with Permit Ordinance - Section 4.1.14 Standards for Disoa [ch - Section 4.1,15 Ambulance Safety and Emergency - Section 4.1.16 Eau ipmenc Reauiremen[e Note: A[ Council direction, this section should be updated to include designation of emergency response equipment/vehicle and tranaf er response equipment/vehicle as recommended in [his report. Ambulance Pere onnel - Section 4.1.17 Note: A[ Council direction, ch ce section should be updated to include designation of paramedic pereoonel for ell emergency calla and at minimum e • ENT-1 pens onoel for all transfer calls ae recommended in thin report. Continuation of Call - Section 4.1.18 is7 ~p Ci [y Council Agenda Nay 1, 1985 AMBULANCE SERVICES IN RAN CNO CUCAMONGA Page 11 U E ereencv and Disaster Ooera[iona - Section 4.1.19 User Como lainC Procedures - Se c[ion 4.1.20 EnEezcement Re soonsibilities - Section 4.1.21 Excused Performance - Section 4.1.22 In additi oa to the above, the to ek force recommends [he tollwing be included in preparation of [he ambulance ordinance: C ommunicatione - requiring each prw ider to maivtarn the capability of making radio contact be [weep the company dispatch and each ambulance unit. Automat it Res ~Onee Prohibited - making i[ unlawful to dispatch an ambulance a6 a result of monitoring of hearing police or fire radio commuvica boos. Obedience [ Tr ff' L s Ordinances end RegulaCiona Medical Control at Scene of Acc idea[ - req '. rementa for coordination of medical service be [wean ambulance personnel and fire personnel. Records avd Reoor[s - requiring various [y pee of records be available for ins pe c[ion, including dispatch loge, inape coon records, matntenance records and financial records. Ae lative to Ra tea - establish that any request for [he dispatch of an ambulance made within a period of one (1) hour shell be clasaif red as an emergency call, and is subject to the rate schedule ae de termtned for emergency calla. SSMIAYT Oa ce the City Council has prw ided the staff with ape cif a direction regarding [he major policy issue e, staff will work with the City Attorney to prepare a comprehensive ordinance similar to that which vas previously coneid ered several months ago. Wi [h the exception of the policies outlined in [his report, major prw isi ova of the previous ordivancea were acceptable to a majority of the Ci[y Council. TEilIS 10,ATIIIG It/ N00LAIIC6 SglTIC6 Advance Li Ee Supoor[ mea¢e special services designed to prw ids definitive preh oapital emergency medical care including, but not limned to, cardiopulmonary reauacitation, cardi ec monitoring, ce rdiac defibrillation, advanced airray management, intravenous therapy, adm inia[rati on of ape ciF tad drugs and other medicinal preperati one, end other epecif tad techniques end pr oceduree adm inieter ed by authorized personnel under the direct supervision of a base eta tiom hospital. iS8 ~~ City Council Agenda Hay 1, 1985 AMBULANCE SERVICES IN RANCHO CUCAMONCA Page 12 • Basic Life Supoore means emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respirator}' and cardiac attest and starting the proper application of cardiopulmonary res uscication to maintain life without invasive techniques until the yic[im may 6e transported or until advanced life support is available. Ambulance means any privately or publicly owned motor vehicle (aircraft, or ve[ercr of C) that is specially designed or conaCruc[ed, and equipped, and is intended Co be used for and is maintained or op¢rated for the Craneportati on of persona vho are sick, injured, wounded, or ocherw ise incapacitated or helpless. Ambulance Driver means a person with a valid emergency vehicle operators ce ztif ica[e and vith a minimum certification ae an Emergency medical Technician-Ambulance. Certificate means a specific document issued [o an individual denoting competence in the named area of preh ospi Cal service. Emergency means a condition oz ei tuation in which an individual hag a need for ivavedia[e medical a[tenti on, or where the potential for such need is perceived by emergency medical personnel or a public safety agency. Emer¢encv Call means a non-scheduled request Eor [he dispatch of an ambulance made through [he Sen Bernardino County Sheriff's Department, e fire pr ocection district or a private ambulance company to provide immediate assistance for a person vho apparently has a sudden or unforeseen need for im®ediate medical atten[i on. Emergencv Medical Services means [he services utilized in responding to a medical emergency. Emer¢encv Medical Technician-I (ENT-1) means an individual trained in all Face to of beaic life support according to standards prescribed by Chie par[ and vho has a valid certif icafe iaeued put avant to Chia pare. This deFini ti on shall include, but not be limited co, EMT-1-A. Emereeocv Medical Technician-II (EMT-II) means an EMT-1 with addi [i onal training in limited advanced life support according to standards prescribed by chic par[ and who has a valid certifies to iaeued pure ua nt to this pert, Emereeocv Medical Technician-Paramedic (EMT-P or oaramed ic) means an individual who ie a mobile intena ive care paramedic whose scope of practice to provide advanced life support is eccordi ng to standards preset ibed by this part and who has a valid certificate iaeued pursuant to [hie part. Limited Advanced Life Suopozt means ape cial service designed to provide • prehoepital emergency medical care limited to techniques end procedures [hat exceed beaic life support but ere lees than advanced life supporc and are thoee procedures ape cif ied pursuant to Section 1797.171. ,~5 lam" City Council Agenda May I, 1985 AMBULANCE SERVICES IN RANCHO CUCAMONGA Page 13 • • Local Q13 Aeencv means the agency, department, or office having primary zesponsi bility for administration o£ emergency medical services in a County. Provider means a person or a spouse of a person who, as an individual or member of a corporation or organization, whether pr of i[ making oz nonprof i[, on a regular basis gives or of fare for sale any supplies, equi pmen[, professional or non pr of sae Tonal. Resoosee Time means the time be [weep the not if ica [i on of an ambulance ae rv ice that an emergency has occurred and the arrival of [het service at the scene of [he emergency. Transfer Ambulance means any motor vehicle constructed, equipped and used for transferring the injured or sick under circume[ancee which d0 not constitute an emergency and which have not been represented ae an emergency. Transfer Call means all other calls which are no[ of an emergency nature. LMN/kep ~~n • CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: July 17, 1985 T0: Mayor ar.d !]embers of the City Cour.c it FROM: Jack Lam, AICP, Community Development Director BY: Linda D. Daniels, Senior Redevelopme r.t Analyst ~ O~c~.~rOY r' ~~ y i ' \" s~ 13~ \~Ir. F'i ~ III W > 19T7 SUBJECT: CONSIDERATION TO REFINANCE ASSESSMENT DISTRICT 82-1 INDUSTRIAL IMPROVEMENT BONDS BACKGROUND: In 1982 the City of Rancho Cucamonga issued 58,890,516.26 in assessment district bonds for improvements in the industrial area. At the time the assessment district bonds were sold the interest rates were set at 11.59 for the first two years and thereafter at 129. EVALUATION: From the time the bonds were sold in 1982, bond market interest rates have changed dramatically. Current bond interest rates are about 39 lower than in 1982. The City's financial advisor, Mz. William Heldman of Heldman, Rolapp 6 Associates, has indicated to staff that due to the decrease in interest rates it might be advantageous from a cost standpoint to retina r,ce the ou t:,tanding portion of the issue. Preliminary indications show that a refinanced issue could save aooroximately 5260,000 annually Eor a total of 53.4 million over the life of the issue if new bonds were sold in today's market. RECOMMENDATION: The City Council authorize staff to pursue the possibility of refinancing AD 82-1 with the City's financial advisor and to bring back to Council a refinancing program if further study confirms that there is a cost savings benefit to such an action. city fly submitted, Director of Community Development .JL:LD:kap /6/ rrmv no n n n~rvn rr •r w ~.rnw~r n • f, STAFF REPORT ~~ ~~4 DATE: July 17, 1985 y ~~i ~_- '~ 'P0: Mayor and Members of the Ci*_y Council ~ - ~a i r ROM: Jack Lam, AICP, Director of Community Development SGBJECT: INFORMATION REGARDING RECONSIDERATION OF COUNTY AGREEMENT FOR MOLT I~'AMILY BOND FINANC NG PROGRAM At the last Council meeting, Council requested information on several areas pertaining to multi-family construction (primarily rental housing). one subject was status of the multi-family bond program. Council asked staff to bring back information on how the Council might rescind its June 19, 1985 deci s'ion approviny a multi-family program with San Bernardino Count}' should the Council wish to reconsider its action. Staff has ecntacted the County Office of Housing and Ccmmunity Development about the issue of rescission. Although the documents have already been executed by the City, and delivered to the County these have not yet been presented to the Board of Supervisors for action. The County Agency has agreed to stay any action on these agreements pending an expeditious de r_ision by the Council. The County Agreement covers 4 projects: (2) Western Properties (Terra Vista) 530 units Lincoln Properties (Arrow/Haven) 660 units Lee Jay Development (8th/Grove) 248 units Total 1538 units Tne City Council has also approved separately an inducement resolution for TAC Development - 168 units for senior citizen housing. Further formal reques*_s (not acted upon) for inducement resolutions have keen made for the following pC0]eCtS: western Properties (Terra Vista) (County applications 2282 units Davis (County application) 340 units Bentsen (City application) 936 units Total 3558 units Further expr^.ssions of interest have been made i)y a number 'of other developers wno nave yet to make formal requests. e /6} C'. Reconsideration of County Agreement for Multifamily Bond Financing Program July 17, 1985 Page 2 • RECOMMENDATION: Should Council wish to rescind its prior action, it may now do so. Rescission of the County agreements would delete 1438 rental units from the multi-family bond financing program. Res~ectfull; submitted, Jack Lam Director of Community Development JL/kap Attachment • • /~ 3 SUMMARY OP MULTI-PAMILY DEVELOPMENT AS IT RELATES TO SPECIAL FINANCING Since 1978, 2110 multi-family units have been built or are under construction as rental housing. Of, these 2110 units, 1132 (548) have received some sort of special financing i rcentive. Mountain View Apartments (Terra Vista) 270 units Park View (Terra Vista) 152 units Don Miguel (19th Street) 200 units Calmark 163 units Pepperwood (FOOthili Blvd.) 230 units Havenwood !Lemon/Haven) 117 units 1132 units r L J Of the remaining 978 market rate financed units. 3 projects represent the bulk. Mountainside (Foothill Blvd.) 384 units Woodsong (Vineyard Ave.) 262 units Sycamore Springs (Archibald Ave.) 240 units ie.Y • RESOLUTION N0. ~i ~;~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RECIN DI Nf• RESOLUTION N0. 85-183 WHICH APPROVED A COOPERATIVE RGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR MULTIFAMILY RENTAL HOUSING MORTGAGE FINANCING The City Council of the City of Rancho Cucamonga hereby resolves as follows: The Cooperative Agreement, dated May 15, 1985, between the County and the City for the purpose of increasing the rental housing supply in Che County and City is hereby rescinded. • This resolution shall take effect from and after its adoption. PASSED, APPROVED, ANO P.DOPTED this 17th day of July, 1985. AYES: NOES: ABSENT: RTTEST: Beverly A. Puthelet, City Clerk CJ Jon D. Mikels, Mayor /~. ~ --.._... - -- ('ITy' (~F KaNCHO C['C~1>Il)\G.a ~ MEMORANDUM • ', OATR: July 17, 1985 • T0: City Manager 'amend, ,rC~i ty' Council FROM: Mark Lorimer rl'~ Administrative Analyst SUBJECT: Update on Vector Control Program `„ ~t;r~l ~~ ! ~'_ _ ~><u_ = _ ~'r i _ ~ t~ ,, i On Monday, July 8, [he City received a proposal from Gene 2dmwski for purpos- es of developing a fly control program within Rancho Cucamonga. AB per the ~ pr opoeal, Mr. Zduncwski would act as a consultant in [he development of a pro- gram to reduce the adult fly population densities in agricul [oral and private areas of the City. The project would be broken into three phases: the tire[, a survey of specific neighborhoods; [he second, an assessment of Che survey re- sults; and the third, research and devel oilmen[ of local ordinances, educational i programs, and administrative methods appr opr rate for initiatr ng such a pz o- I, gram. In addition, Mr. Zdun ow ski would also develop a schedule of implements tion. ~I~ The proposal calls foz a six month duration, and fees of S50 per hour plus ~, expenses, not to exceed a total of $15,000. ' Ac pr assn[, staff is meeting with Mr. Zd unovs ki in order [o discuss ce rtair, provisions of [he proposal. Ni[hin the ne%t week, staff will be working with i Che Ci Cy Attorney in preparation o£ a 8e iv tce contra c[ with Mr. Zdunwski, and exile t[ Co present the City Coun r.il with a completed contra[[ at its regular li meeting of August 7, Should you have any qua eti one regarding this matter, please coots[[ me at your ~ convenience. Staff will keep the City Council informed of any further develop- ', men[s [elating to vector control. ', Ml :ha /v ~ • --- - -- - CITY OF RA\CHO CL'CA\IO\G:1 ~CCA.ttr~ STAFF REPORT ~~°'"-`"` ~. -. A \\ >_ _ ~. Z July I7, I?85 =__ _°-- -= ~ lu-' T0: City Manager and City Counc'I FROM: Robert A. Rizzo Assistant City Manager SUBJECT: Advisory Commission Vacancy Currently there exists a vacancy from the Cucamonga community nn the Advisory Commission. This vacancy occurred with the recent resignation of James Mendez. The appointment that Council may be considering to fill an unexpired term which would end June 30, 1986. If you have any questions or concerns regar -ig }his matter, feel free to contact ine. • RAR:mk `' 9 ~~'~~~ ?`~ CITY OF RANCHO CUCAMONGA - x ~ ~ ~wy.Jos D. Mikeb } _ ` c y lwvJr~•m - L ~ l'hrtln J. au4uet 11 lames C. Fraat 19__ Rithrtd N. Oshi Poiilip D. S<hioaatt CITIZEN'S APPLICATION TO SEAFE ON ,PA,veyG L~cCa mCN(cN Ad y. ~C2, ~emin/6~i<N NAME ~EBd.QAfV N .QRd~i+~t~ ADDRESS ~r/d /n~mc3f) ,~d.aCE ~ 7 J `% PHONE 9jy-99y-2C3.3'" OCCUPATION EDUCATION: (list highest year completed and all degrees) D. A. / N t~ENAV/ORAL .SC/EN C E Are there any workday evenings you could not meet? If so, please list • ;Jhy are you interested in this position? JE6 /~7TA dNEd ~lrA7E/77ENT 4that do you consider to be your ma,)or qualifidatfons? a.hrE //TTA L'NEA V~T/7 '3FEAENCES: 1. ~'/C/f.9.Pd /J. ,OAN.G, /~7At/O.E. fl~'o Tcm 2• ~P .LOU~,O .EiN/ LA.L .Day///.vi/.r 3Id/w. iE~.oLt'' fG?Ie.VA ~/p. 3• DR. G~R~ nRcTSe•e..TCA,tfb.C~UN~~. 3e°D/ du. iFrr}o~c ~OAIdNf). LEA. Please attach a written statement containing any additional information you Ceel would be useful to the City Council. AC-(I) Osi08A8ELINR ROAD.9UITEC • P09T OFFICE BOX 007 • RANCHO CUCAMONCA. CALIPORHIA 917x0 • 171g90L1861 /(ed June 24, 1985 Rancho Cucamonga City Council 9320 Baseline Roed, Suite C Rancho Cucamonga, CA. 91730 Dear City Councilmembers: I would like to be coseidered for a position on the Rancho Cucamonga Advisory Cou fission. I am currently President of the Victoria Advisory Committee end a position on the CAC would enable me to keep abreent of city policies end to provide input regarding current issues effecting the 8tiwenda couunity. My attached vita indicet ea a continuing interest and involvement in community, school and business activities. • Thank you in advance for your consideration of this application. D Abor9h N. B~w ~lb G`~ • /6~1 • RESUME DEBORAH N_ BROWN 6h40 Mimosa Place Rancho Cucamonga, California 91739 714-899-2835 EDUCATION California State Polytechnic University, Pomona Pomona, California Bachelor of Arts Degree in Behavioral Science June 1952 Seminars Employer Evaluation and Hiring Techniques - April 1482 Practical Negotiating Skills - February 1982 • Women in the Work Fcrce: A Manager's Role - December 1981 RELATED EXPERIENCES AND SKILLS PRESIDENT - The Victoria Advisory Committee - Rancho Cucamonga January 1985 - Present Organized and constructed the Victoria Advisory Committee's By-Laws and Constitution in preparatin for incorporation. Responsible for establishing communication lines among the City of Rancho Cucamonga, the William Lyon Company, and the residents of Victoria. BUSINESS DEVELOPMENT OFFICER - Crocker Bank - N_ Orange, Ca. April 1983 - January 1984 COOrdlnate marketln9 strdte9les, dyndmlC Callln9 programs, and create a systematic positive image to the community. Performed all duties of a lending officer which included lending limits. SPECIAL PROJECT ASSISTANT - Crocker Bank - Universal City, Ca. March 3983 Worked with the District Manager, District Operations Manager, and District Marketing Manager to design interpersonal marketing techniques to increase Automated Teller Machine usage- i'J DEBORAH N. BROWN PAGE 2 MANAGEMENT TRAINEE - Crocker Bank - Los Angeles, Ca. June 1982 - March 1983 Was placed on en accelerated training program which included all operational procedures, retail lending, product knowledge, marketing, end acted ea O~eratians Supervisor for u four month period. GENERAL OFFICE MANAGER - Custo^ Gas Tanks Inc. - 61 Monte, Ca. January 1979 - June 1982 Supervised office functions, including pruchesing, accounts payable, accounts receivable, Payroll, and sales fl!rctions. Managed the entire staff in the absence of the President. ACTIVITIHS President - Personnel Industrial Relations Assoc.-Student Chapter December 1981 - September 1962 Organized and coordinated student chapter. Constructed student chapter's constitution, by-laws, and budgeting procedure. • Director - Poly Vue Committee September L980 - September 1981 Directed, produced, end participated in University's annual "Talent Show". Supervised all show functions, including publicity, auditions, programming of events, and coordinating all related activities. Research Assistant - Cancer and Heart Disease - Dr. Blackman September 1981 - June 1982 Project involved census tracking, random selection, random assignment, and was trained in correct interviewing techniques. Interviewed ethnic communities on Cancer and Neert Disease Awareness. Business Meneae r_ - Annual Women's Conference March 1982 Oversew all business transactions end responsible for allocation of each event. MEMBBRSNIPS American Association of University Women, Cal Poly Pomona, Alumni Association, and the Pacific Sociological Association. REFBR8NC6S Available upon request. • / ~~ ` ~~i.,~trgl,.i 1 ., ~ CITY OF RA~(tCHO CUCr1:VI0~iG~ '- • T ~ `.C T '__-. - _-°~~ CITIZEN"S APPLICATION TO SERVE ON ADVISORY LOMM ISSION MANE E, ;E ORGE LE I'1AR11 SR. ADDRESS 9162 LALLE VEJ AR, RANCHO LUCAt10NGA ZIP CODE ?1730 PRONE 9a7-1104 OCCOPATION 11A I11T SUP. EDUCATION: (lie[ high sac year completed and all degr eeaJ 12 Years I year chaffer. Are there any votkday evenings you could not meet? If eon please lie[. NO Why are you in terse [ed in this poai tion? TO HELP IN OUR CITY AS IT GROWS. • TO KNOW THAT OLL4 INDIVIDUAL IMPUTE 'BILL eE THERE AS A GUIDE TO OUR CITY AND OL'R PEOPLE. BE ABLE TO WORK ICI TIi A GROUP WHO TRULY HAVE A LOVE FOR OUR CITV'S WELL FARE ANO BE IN ;. Nhac do you consider [o be your major quelif icatiane? I HAVE LIVED AND '.'GRKED IN LUC A`10 NGA CVER 16 YEA RB. I HAVE BEEN PRESIDENT OF THE CUCAMON GA SE RU ICE CLUB FOR 1 YEA4" COMMANDER POST 875 LOINS CLUB ANG I HAVE ALLWAY6 WORKED FOR THE BETTERMENT OF OUR CITY. AL50 CHARTER MEMBER R.C. FOUNDERS LEAGUE. REFERENCES: 1, JON D. MIKELS 2. RAY MCILVAIN 3. JIN CAMPBELL A7L -David l;rossberg- a:d7 fttatiun coon Rancho Cu.a-~ ••ra falil..rnia u1701 x'14 'n1 t:91 SUMMARY: Three years e+.peretnn in mail sales. Erperien<e in banking. and public aflatn. Resourceful, enthusiastsc. and able to wod with thr public EXPERIENCE: ]0E4~:08E Ful:Src¢e Trllrr-Firsl lnlrs:atr Bank Rancho Cucamonga CA Entruvrd wnF. lergt volume of money. Rr. pomrbditio mcludrd ua•unnng skdb. +nrnnon to dead +nd CYStOmte r<Ia IiOM. 1984 INtrn'Research Assistant to Los Angelo Mayw Tnm Bradley. C omryled vanom reports and summaries on local, state and leder+l issues fur the Mryor. Aurnded wrisws vansporlahon and telecommunication mretings rrpresenting Mayor Bradley. Assisted on eht Olympics, and Metro Rail. 1083-1984 Salesman - Chmk's Sporting Goods. Cpland. Cahtornia ]98L1983 >a'irsman - \liller's Outpost \Lmala•: Calilornia .~.-d ,.~ the Sasis of my aF::d> .o r. ;••:, w:o- mr r_r.:n arsd pmvrn sales .kdb :aP1-]ogi ca;r-rran - \'aaey ^rpan went Store On:ane Cali•orma iOeC-i0e7 Ts:rphvm !ntr"\'ItN'!! - \'. L.'nC( T+rrYnCt and ASSMIatO, HOYatnn. IPCaS ]0E1 S knrd as fags. Cnnrd Stases Hoast cat Rrprrsenbbves 1081 \'nlumeer work for Congressman George Brown ICA•361 ]080 \'nlumar work for Conpnsman hm Lkrd ICA-351 ]070 C.duntetr work for Cnng•essman Bnb Eckhardt eTX-81 EDI~CA TION: Graduate of upland Hlgh School Cpland Calilnrnu - 1983 Rrsipmm of Gemco Sch~ arshlp )083 l1'ho s N'ho Among Ammcar H1ph School Students - Ice: and IYP4 Amanis Dis:ingotshed $errnr ANVrd NE? 4:arnd:ng Cauhrtnia Sate L'nnvrvs a1 Fuih ^.~r i'umm~g drgree in Buunen Admlms;omm PCRSONAI DATA: D.O.B.' May 20. I%S Heahh: Escdlent: S'10" IBS pounds Status: Single REFERENCES: Mr. )im Lloyd cumultant turmer Congrmman PO. B... 043 Nest C'nvma. CA 01743 41L %i-3500 Mr. Lm Perkins, loaner Captun - Calilarnu Highway I`atrul 4ts0 Cornell COUfL Upland CA 9178e, 17141 9tl5~ 1190 X1r. Bob Sunnn. Prrsidrnl Sutton Place Ipubhr Rrlatiuno, 9123-I Archibald Avenue. Rancho Cucamonga, CA 91:30. 17Hi 980.1891 ~~ ~• ~S ~f s~. . /73 is y 4.,.idi 2%I e:o ~ °~ L ~....,. :5 •+s[.[w C+.••V w,i cC D4 OFFICC OF TMC MAY6R TOM B+RADLEY s ~; •e e.v ~. ° September 1, 198,f~ 7e w~h om it may concern: A!ay I sincerely recommend David Grossberg. David worked as an intern in ny office this summer, and performed his duties with ccr:peteace and enthusiasm. His assistance nn the Metro flail, and Olympics has been .scaiuable to our office. Dai•id is a fine young man, and woul? he an asset to anyone enlisting his services. I am sure ne will do well in the .ears to come. Sincerely, i ~~~ 70M BRADLEI' Mayot ~o.lq i ?N COUAL CM KOYM[NT 01~011T UN1TY•MF111M ATIVC ACTION LNROT CI~° ~7/ MAN ATT, PNEIP S, ROTHENBERG 6 TUNNEY • wRO11MM wi u'1r 4~nO~ 1~~~ <[NiY~. ..lnl [.~{l - + rw ann-r.wsr r~oo~ ~;y _ - •os .noun. u ~oe~r ' ru~n.ena am n~~noo .. ~e.....•n w.ww ti w .i ..~.-~....~. ....r • To Whom It i•.ay Concern: +a~,w.ea Leo .n....n,~a ..+. .,.n mo - Avon ..sues r w w.rc, .us....an W M..caco. w.e... wo. wY rms .rrna..n^~ .m . w ww. em nr..r December 15, 1983 I met David Grossbe rg Iast year when he visited me in my office and we discussed his interest in political affairs and current events. Ne is a very enthusiastic young man who has a very des? interest in politics and community involvement, which is very evident when one reviews his past activities on cehalf of three Congressmen. He has demonstrated great initiative by working while attending schoo and he is most ineerested in continuing his study of t e political process by working in Washington D. C. as a intern. t A S incere~~j 1 PTO n V. Tunney ~~ !~+ ~7 ~_ Y ~.^~:~4¢ ~~r~ran~e f>tAsse~cates ~~ u July 30, 7980 TO WFIOM IT MAY CONCERN: This letter serves to testify to the oood character and work habits of Oavid Grossberg. I have known Oavid for quite a while and have always been impressed with his quick intelligence, curiosity and willingness to do quality work. His interest in politics and public affairs is especia115' strong, and he is at the start of what may be a significant career in that area. Si e1y, Tn ~ ~ J.R. van Lohuizen, Ph.D. • Vice President • ~~~, SfewaA Budding /State 200 /3648 FM 1960 WeR h T ~~ 713-044.9010 ad ~ ~ORd!E. 6FCWN, JR 'W+\ CAUfORNA 'ne\.e~w a.e, n.nr wnr __ „~:~\ - m r~.~..www nei~iiwm o wr w.wr ww cwr7R reos of the 2-~nited states n ~ P~\\\LM7• °"""'"'"~ ~ o ..- -- ..<:-:nom'°' i3anse of Re~reaentatiot~ F..~,,..w, \C\K. 4W AC~.01EY, O W.wr.a 6lw ~a„~=~~~-* ~ashingtun, 33.x. zos~f February 1, 198{ TO NHOM IT MAY CONCERN: It has~been my pleasure to know from my Congressional staff that we have worked with many individuals who have volunteered in my district offices. One such person that Z have mat ie Mr. David Grossberg. David was referred [o me by my fellow Colleague Jim Lloyd, who gave David a very fine recommendation. i had to see for myself what this young man had to offer in order to get such a high rating from Mr. Lloyd. My office used David in the Colton District Office during the summer of 1981. He was assigned a number of tasks during this period, perform- ing his casks exceptionally well. He was assigned io assist my appointment secretary drafting confirmation letters, answer- ing and confirming appo intmenis, assisting constituents with problems involy sng federal agencies, and filling in for other staff durin4 busy office flays. The comments Z received fraa my staff, praised David for his ability to learn quickly and ccnplete assignments with very little supervision, maintain composure during times of frequent 'interruptions, and work well with staff and the public. , David is a fine young man, who has,a great future before him. 4:i th his enthusiasm and initiative he will be successful in his chosen career. I recommend David without any reservation and I know he will make a fine addition to any organization or em- ployer. Please contact me if you need additional information concerning David. I would be pleased to do this for him. Sin ely, George E. Browny Jr.. ~:;-bey of Congress GEB:jC /7? July 17, 1985 CITY OP RANCBO COCAMONGA CITY COONCIL MIIi0TE5 Be¢u lar Meet ia¢ 1. CALL IY1 OBDEH A regular meeting of the City Comcil of the City of Rancho Cucamonga met on Medneaday, July 17, 1985, in the Lions Park Community Center, 9161 Beae Line Rosd. The meeting was called to order at 7:45 p.m. by Hayor Jon D. Nikels. Because there was a lack of quorua, Hayor Mikels announced the the meeting would have to be continued. Hwever, they would pzoce ed with the announcements and awards. Present were Councilmemhexs: Jeffrey Ring and Hayor Jon D. Hikela. Absent were Councilmeabers: Pamela J. Nright sod Richard M. Da61, who were attending a League of Cahfornie Cities meeting in Monterey. Charles J. Buquet called in sick sad was unsble to make the mae[iag, x e w w x 2. AMM09NCHHENTS/PRESffi7TATIOHS 2A. Thursday, July 18, 1985 - 7:30 p.m. - PARR DEPELOPMENT COMMISSION, Liona Perk Commmity Center. 2B. Wednesday, July 24, 1985 - 7:00 p.m. - PLANNIDG COMMISSION, Liona Psrk Com- munity Center. 2C. EIS TORIC PRE86RVATI011 COMNIB SION rill sot be meeting during Juiy and August. 2D. Thursday, July 25, 1985 - 7:30 p.m. - AD9ISORY COMMISSION, Lios• Park Com- munity Center, 9161 Baae Line Road. 28. Presents tins of Proclsmatioaa commending Denni• Sorenson sad Loaaie Levte Eor their unselfish and heroin assi•Gnee [o Rancho Cucamonga law enforcement. Presenu tiom rare made by 86eriff Tidrell and Mayor Mikela, 2P. Mayor Mikels oleo presented commendations to Rick Gomea, City Planner, rho wn leaving the City to take employment in the private sector. • R * e ~ City Council M;notes July 17, 1985 Page 2 3. ADJOURNMENT Because of a lack of quorum, the City Council could vot covduct 6uei nese. May- or Mi kale adjourned [he meeting to Nedneaday, July 31, 1985 at 7:30 p,m. iv the Li one Park Communi [y Center. The meeting adjourned at 8:00 p.m. Respectfully submit [ed, Beverly A. Authelet City Clerk July 31, 1985 CITY OF RANCHO CU CANONGA CITY COUNCIL MINUTES Ad jp~ rved M et' 1. CALL TO ORDER An adjourned meeting of the City Council vas held on Wednesday, July 31, 1985, iv the Lions Park Community Center, 9161 Hase Line Aoad. (Se id meeting vas ad- journed from July 17, 1985 ee there vas a lack of quorum [het evening). The meeting vas called tv order at 7:32 p. m. by Mayor Jon D. Mikel s. Present were Counc ilmembers: Pamela J. NYigh[, Cherlee J. Buquet II (arrived late aC 7:37 p.m.), Richard M. Dahl, Jeffrey Ring, and Mayor Ton D. Mikel e. Ai vo e; event were: City Manager, Lauren N. Wasserman; City Attorney, James Y.arkman; Ci[y Clerk, Beverly A. Autheler Adm iniatrative Analye [, Merk Lorimer; Senior Planner. Otto Rroutil; Ci[y Engineer, L1 ayd Aubbe; Pinence Director, Marry Empey; and Community Services Director, Bill Roll ey. Approval of Minutes: NOTION: Moved by Dehl, seconded by Ring [o approve the minutes of Tune 5, 1985. Motion carried by follwing vote: AYES: Nikele, Dehl, Ring. NOES: None. ABSENT: Buquet. ABSTAIN: Nright. (vas absent from as id meeting). MOTION: Moved by Da61, seconded by Wright [a approve the mina[ ee of June 13, 1985. Motion carried by Eollw ing vote: AYES: Nrigh [, Nikel s, Dahl, and Ring. ABSENT: Buquet. MOTION: Moved by Nz igh t, seconded by Ring [o approve [he minutes of June 19, 1985. Motion carried by follwing vole: AYES: Wright, Dehl, Ring. NOES: None. ABSENT: Buq ue [. ABSTAIN: Nikele (woe eb sent from said meeting). • m x ~ a. ,tNt+00PCII7ENTC/P EcEPTATLOPc 2A. HISTORIC PRESERVATION COMMIS SION rill not be meeting during July and Augue t. 2B. Thursday, September 12, 7:00 p. m. -JOINT MEETING NITR CITY COUNCIL AND CUCAMONCA COUNTY MATER DISTRICT BOARD OF DIRECTORS. 2C. Mr. Waeee rmen req use tad en addition to [he Agenda - letter from Nilliem Lyon [o eddre99 Council regarding model homes. 2D. Mr. Nae eermen req ueated a Executive Seeeion after [he regular meeting tv disc3ea potential li[igetiav. Counc ilaoman Nright asked e[ shat point does an issue become potential litigation end subject far a Executive Seeeion? Mt. Markman stated that re would not asked fore Executive Seeeion unless there was a very clear pose ib it icy that suit Gould follw. Tonight ve vill be asking Council Eor au [horny Co pursue litigation, eo ve knw it ie a potential litigation matter. In other cases, if a claim hoe been filed or somebody hoe threatened to sue, it would be brought tv Council in a Executive Seeeion iE i[ warranted discussion. No[ every din puce [hat could become a lea suit bec omee subject matter for a Executive Seeeion. 2E. Councilmen Dahl end Counc ilaomen Nright presented a report from the League of California Cities Conference rh ich [hey attended in Monterey. (Councilman Buq ue[ arrived at 7:37 p. m.) • e • ~ ~ i, City Council Minutes July 31, 1985 Page 2 3A. Apprwal of Narran[e, Register No's. 85-07-17 and Payroll end ivg 7/)/85 far [he total amount of $881,466.61. (1) 1B. Forverd Claim (CL85-017) to Carl Narrev Company far hendl ing by Darin Blomq uis[ for etc idenc on Vineyard Avenue, 344 feet east of Arroyo Vie to Drive. (0704-06 CLAIM) (2) 3C. Forva rd Claim (Ci,AS-018) to Carl Marren Company for handling by Panl Eduard Teal for damage [o pare onal property from felling tree a[ fi961 Opel Street. (0704-06 CLAIM) (3) 3D. Apprwal of Reealu [ion fixing the Tax Rate for the Day Creek Co®uni ty Fa- cilities Dietr ic[ in the 1985-86 fiat el year a[ $750 per acre. (0403-01 CON FAC DISTRICT) 1 RESOLUTION N0, 85-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA, CAL IPORNIA, ES TABLISRINC ANNIiAL SPECIAL TAA POR A COMMUNITY FA- CILITIES DISTRICT 3E. Release of Bond e: (0602-01 BOPD RELEASE) (5) D.R. 83-20 located at 10355 Bch Street by Exc ellon Automation. Cash Deposit (street imprwemertt) $22,500 RESOLUTION N0. 85-219 A AES OLUTION OF THE CITY COUNCIL OF THE CITY OP RANCRO CUCANONCA, CAL IPORNIA, ACCEPTING THE POHLIC IMPROVEMENTS POR D. A. 83-20 AND AUTNORIZ ING THE FILING OF A NOTICE OF COMYLETIOfl FOR TAE NOPR (5) D.R. 83-13 Peppervood Apartments located at 9055 Pooth ill Hlvd. by HLT Partnership, Inc. S Nhitcenberg Cour [. Faithful Performance (storm drain) $135,000 Faithful Performance (street) $ 79,000 RESOLUTION NO. 85-220 A RESOLUTION OP THE CITY CONNC IL OP THE CITY OF RANCHO COCAMONGA, CAL IFORR IA, ACCEPTING 1HE PUBLIC IMPROV EM6IYTS FOR D.R. 83-13 AND AU TflORI2ING THE FILING OF A NOTICE OY COMPLETION FOR THE NORR (6) p.M. 7797 located south aide of 8th Stree [, east of Pittsburgh by R.C. Aeeociatee II Faithful Performance $287,300 Accept: Naintenan<e Bond $ 28,730 RESOLUTION N0. 95-221 A RESOLUTION OF T11E CITY CORNCIL DP THE CITY OP RANCHO CIICAMONCA, CALIFORNIA, ACCEPTING TP.E PUBLIC INPAOVEMENTS POR PARCRL MAP 7797 AND All TIi0RI2INC THE FILING OP A NOTICE OF COMPLETION FOR THE NORR (7) 3F. Apprwal of bonds, agreement, and final map for Tract No. 12319, 12319-1 (8) through 12319-8 lot seed on the nor [hues[ corner of Terra Pieta Parkway and Spruce Avenue eubm it[ed by Lev ie Romes. (0602-01 AG REEMNT IMPROVEMENT) (1002-09 TRACT MAP) City Council Minutes July 31, 1985 Page 3 RESOLUTION N0. 85-222 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INPRW ENENT AGREEMENT, IMPROVEMENT SECURI- TY, AND FINAL NAP OF TRACT N0. 12319, 12319-I 111 ROUCN 12319-8 3G. Approval vE hoods, agreement, and final map for Tract No. 12672 located on (9) Che southwest corner of Terre Vie to Parkway and Spruce Avenue submitted by (LO) Levis Homes. (0602-01 AG REEMNT IMPROVEMENT) (1002-09 TRACT HAP) AES OLUTION N0. 85-223 A RESOLUTION OF THE CITY COUNCIL OF T1iE CITY OF RANCHO CU CAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IHPROV EMENT SECURI- TY, AND FINAL NAP OF TRACT N0. 12672 3H. Approval of bonds, agreement, and final map for Tract No. 12670, 12670-1, (11) 12670-2, 12670-3, avd 12670-4 located an the south aide of Base Line, east of (12) Spruce Avenue submitted by Lew ie Nome s. (0602-01 AGREEM7T IMPROVEMENT) (1002-09 TRACT NAP) RESOLUTION N0. 85-224 A RESOLUTION OF THE CITY COUNCIL OP TAE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INPROV EMEFT AGREEMENT, SNPAOVEMENT SECURI- TY, AND FINAL MAP OF TRACT NOS. 12670, 12670-1, 12670-2, 12670-3, 12670-4 3I. Approval of plane, epee if is a[ions, and eetimaten and authorize staff [o ad- (L7) ve rtiee for bide on the Carnelian Street Beautification Proj ec[ from Bese Line Road to Banyan Street. Bide to be opened August 27, 1985. (0601-01 BLO) RES OLUTIOR N0. 85-225 A RESOLUTION OF TDE CITY COUNCIL OP THE CITY OF RAl1CR0 CIICAMONGA, CALIFORNIA, APPAW SAC PLANS AND SPECIFICATIONS FOR THE CAANEL IAN STREET BEAUTIPICATION PROJECT, BASE LINE ROAD TO BANYAN STREET, IN SAID CITY, AND AUTHORIZ IRC AND DIRECT IAG 1RE CITY CL ERR TO AD- VERTISE AND RECE IV6 BIDS 3J. Approval to grant uc it ity easement et Beryl Petk to Southern California (14) Ed iean Company. Purpose of the easement ie [o enable Ed iean to provide greater electrical capacity a[ the perk. (1002-02 EAS PHEIVT) 3R. Approval of Prof eeeianal Services Contract (COBS-69) with Donald Friacher (IS) and Aeeoc fates to conduct a traffic stndy to determine the nee eeeary design of a traffic interchange a[ the Route JO Preevey and Raven Avenue. The coat of the study will vot exceed $9,000 to be funded from the 1985-86 Gee Tex/Syecem Development budget. (0602-01 CONTRACT) 3L. Apprwel of lease agr eemente (COBS-70) for 1985-86 with A. R. Reiter Devel- (l6) opmen[ Company for City of Eic ee. Item vas approved through [he 19tl5-86 Bud- get. (0602-01 CONTRACT) 3M. Apprwel of Amendment to Omni[rane' Joiot Povere Authority Agreement (17) (COBS-71 X 00091), vhf<h deeignetes Omnitrans General Manager to serve ae Trea- surer and Omnitrene of Accounting to serve ae Controller. (0602-01 CONTRACT) 3N. Approval of Amendment Co the Omnitrene' Joint Pwere Authority Agreement (18) (COBS-72 X 00091) which <heng es Section 10.C., Employee Senority Rights. (0602-01 CONTRACT) 30. Approval of In tevt to Annex Tract Nas. 12532, 12077, and 12077-2 to Street Lighting Ma i.ntenance Dietr ict No. 1 as Anneza[ion No. 12 and to Street Lighting City Council Minucea July 31, 1985 Page 4 Maintenance District No. 2 ae Annexation No. 10; and ee[ public hearing for Auguet 21, 1985. (0403-01 ST LIGHT NA INT DIST) (19) RESOLUTION N0. NS-226 A RESOLUTION OF THE CITY CCU NC IL OF THE CITY OF RAN CRO CU CAMONG A, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENC INEER'S REPORT FOR ANNERATION N0. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (~~~) RESOLUTION N0. 85-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER 1HE ANNERATION TO STREET LICNTIAG MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DIS- TRICT: DES ICNATING SAID ANNERATION AS ANNERATIDN N0. 12 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1; PO RSUANT TO THE LAND- ` SOAPING AND LIGHTING ACT OP 1972 AND OFFERING A TINE AND PLACE FOR NEARING OBJECTIONS 1A ERETO (21) RESOLUTION N0. 85-228 A RESOLUTION OF THE CITY COUNCIL OP TAE CITY OF RANCHO CUCAMONCA, OF PREL IHINARY APPROVAL OF CITY ENG IA EER'S REPORT FOR ARNFXATION NO. 30 TO STREET LIGHTING HA INTENANCE DISTRICT N0. 2 (22) RESOLUTION N0. 85-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, DECLARING ITS INTENTION TD ORDER THE ANNERATION TO STREET LIGHTING MAINTENANCE DIB TRICT N0. 2; AN ASS ESSNENT DIS- TRICT: DES ICNATING SAID ANPERATION AS AAN6ICATION N0. 30 TO STREET LIGHTING MAINTENANCE DIS TAICT N0. 2; PURSUANT TO THE LAND- . SOAP INC AND LIGHTING ACT OP 1972 AND OFPERING A TIME AND PLACE FOR REARING OBJECTIONS TN RRETO 3P. Approval of Intent [o Mnez Tract Nos. 12532, 12077, and 12077-2 to Levd- scape Maintenance Dietr ic[ No. 1 ee Annexation No. 25 and aet [ivg the date of public hearing for August 21, 1985. (0403-01 LANDSCAPE MAINT DIST) (23) RESOLUTION N0. 85-230 A RESOLUTION OF 171E CITY COUNCIL OP 1TIE CITY OP RANCHO CUCAMONGA, CAL IPORNIA, OP PRELININARY APPROVAL OF CITY ENC SNEER'S REPORT POP. ANNERATION NO. 25 TO LANDB CAPE MAINTENANCE DISTRICT N0. 1 (24) RESOLUTION N0. 85-231 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP RANCAO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTIOfl TO ORDER 1AE ANNERATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DES IG HATING SAID ANNEIIATION AS ARNERATION N0. 25 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSUANT TO 1AE LANDSCAPING AND LIG NTING ACT OP 1972 AND OFPERING A TINE AND PLACE POR NEAR INC 08J ECTIONS T1I ERETO (25) 3Q. Set public heerivg for August 7, 1985 - Appeal of Planing Commie eion Con- ditions of approval for Env irotmental Ae eeeemenC sad Conditional Bee Permit 85-08 - Ye rnac i. Appeal by eppl is ant of the Planning Goa®ieei on'a cond i[ione of approval for a proposal to locate a single trailer for a caretaker's facili- cy in a wholesale nursery located in the Ed ieo¢ right-of-way on [he north aide of Baee tine, east of Rocheet er - APN 227-091 -41. (701-06 APPEAL) (26) 3R. Se[ public hearing Eor Auguet 7, 1985 for E¢v ironmental Aesesemen[ and Terra Yieta Development P1 es Amendment RS-03, Lev ie. (0203-05 PLANNBD COMMUNI- TY) City Count it Minutes July 31, 1981 Page 5 NOTION: Roved by Ring, seconded by Oahl to approve the Cmaent Calendar as presented. Motion carried unanimously 5-0. • + ~ • + ~ ~ AnV .RTI ® POB .I H ARI c 4A. - (27) TI ON FACILITY. Item vas advert ieed for public hearing for Suly 17, 1985. Hw- ever, request that item be continued to August 7, 1985. (1404-06 PARR) MOTION: Moved by Grigh[, seconded by Dahl to continue item to August 7, 1985. No [ion carried unanimously 5-D. * •~ x,r+ SA. ORDINANCR REGULATING AMBOLANCE SERVICES NITFI Tile CITY OF RANCHO COCAMONGA. (28) Consideration of an ordinance es[abl iehing minimum standards far the operation of am6 ul once eervices with in [be City. Staff report by Mark Lorimer, Adminis- trative Analyst. (1206-01 AMBULARCe) Hay or Mikels opened the meeting for public hearing. Addreeeing Council ver e: Michael Ligh [, at GOrney for Canyon Medical Services, expressed that he did not feel the proposed ordinance had been refined enough. There vas still a requirement in the ord inence that a need and necessity b=. shorn. They be- liwed it vas too subjective, and it should not be included in the ordi- nance unl see it is defined and given a spec if is criteria that will asaise a company in prw ing to the City that such a need does in fat[ axis t. Mr. tight quoted Section 8.18.040(a)(11) ae en example: "eetabliehee a re- quirement Chet an initial eppl is anon shwa to the satis£ac Lion of the City Manager [ha[ the issuance of a permit ie i¢ [he public interest end there is a need Eor a permit to be issued.,." Aleo, in Se<tion 8.18.060(6) - petmite the Council to decry en appl is etion if [hey find there ie ineuff is ient need for each additional ambulance service vithrn the Ci[y. The prob7 em with this type o£ statute is that if there is any ambulance service i^ a Ci[y, [he ez ie[ing prw ider is going to say that they are eervi¢g the need - there isn't any ¢eed for soy other service. The burden is then upon the applicant to ehw [here ie in fete a need. Dennis Haneberger, Tr one Medical, made the follow ing comment e: Section 8.18.060(f) - Liability Insurance - Re elated [he ordinance r eq uiree $4 millions he would support th ie, but ie not sure it ie pr ac ticel since it ie 6ec om ing increasingly difficult to get lieb it ity in eurance in those amounts. He urged Council to emend [hie to $1 million to be coneis ten[ with all other or dinencee. Section 8.18.090 - Renewal of Perm its - wanted added for the record: "[hey would support item (b) which ref ere to the percentage of response times, but [here ere Code 7 rune which are reduced to a Code 2 in route. My call reduced in route is not a Code 3 re eponse, even though it roe ini- tially." Section 8.18.110(a) - Su apension, conditional operation, and temporary variance. Change in wnereh ip - he questioned the 30 day prior [o Bale, trans- fer, or change in wnereh ip since it is not typical of companies to come to the City vh en [hey are sold or wnetshrp is [ranef err ed. Companies are usually sold "cond icioned upon" the eb it ity co get their permit. The deal may be blwn over a 30-day requirement. He recommended that Council acr ike "change of wnership" and leave weryth ing el ae es ie. City Council Minutes July 31, 1985 Page 6 Section 8.18.150(b) - S[andarde for die patch. Ae recommended Ghe[ the word e, "emergency service" be removed. Aleo, change [he sec [ion which read e, "[he nature of [he medical emergency" [o "the nature of the call" and [hen re- moved the paragraph which reads, "All non-emergency ambulance opera[ ore shall maintain a aim filar log, except that diapa tch and reepon ee times shell not be required [v be recorded." This will be consistent with [he CAP. Sec [iov 8.18.160(c) - Maintenance of Pmergency Fq ui pm en[ and Sup- plies. Re requested the cord "eteril e" be changed to clean. He eta tad that in medical terms sterile could apply Go dressing e, bendag ing, avd ive[ruments, but could not apply [o other medical suppl ice. Me expr eased that the ord finance should include that an operator ahvuld have a County permit to operate. If an operator fie to operate in the City, [hey should be able to operate in the uninc orpore tad ereee immediately adjacent Co the City. Rith respect [o the of need of nec esei ty raised by Mr. Light, they have no objection [o further define the terms, Reed of Nec eesity. Pat Mc Cullum, Regional Manage z, for Cole Schaffer Ambulance, eta[ ed that they have not experienced any problem rith insurance and that they pteaent- ly have a policy in effect [hat is double chat the city req uiree for lia- bility incur ante. They have not experienced any problem acquiring insur- ance. They could like to see liability insurance at $4 million for nor. Prom pest experience, [hey have bed litigation which hoe exceeded $1 mil- lion whew they have had a judgement against them. Re did have a problem with Section 8.18.060(d) and (e) -Bonding o£ Appli- cant. If [his remains ae fie, he does not see rhy any operator should post a $25,000 surety bond which fie a double indemnity [ward [he operator and will he passed on [o Che ci[iz ens. There is no way [hey will put up a $25,000 cash bond end sot evevtual ly get i[ back. This will increase rat ea. ihere being na further public reaponee, [he Mayor closed the public heating. City Attorney, James Markman, reepcnded to the concerns mentioced ae follwe: *Need of Neteeai [y: He felt th fie could be diff itul t, if so[ impossible, [o add anything to that phrase since i[ is a "cell corn phrase." There is a case lac on Chia. Ae stated Chat it be left in beteuse in Rancho Cucamonga there could be a eitua [ion with the response time criteria There there ere ev many operators rho quel ify to give service [h a[ they generate a problem rich each other and divide the market to such a¢ extent [ha[ re have problems with the Tee ponce time triter fie end all [he rest of the service criteria. ee auggee[ed that if a license fie denied for lack of need of ne- cessity that staff present to Council eubetential evidence avd data ehw ing rhy [he denial should be based on [hat triter fie. *L iab it ity Ineuranc e: The liability insurance level is [here to protect the public. If companies in [he City become uninuerable bet auee of premium problems, [ha[ fie the type of thing rhich could generate the need for en urgency ordinance to lover the level req uiremen[ if [het fie the case. *Chavge of Ownership flotic e: The purpose of [hie is to check the back- ground of the new company rho purchases the permitted company to £ivd out if [het company has a history of prob lame each es over abundance of au co act idente, claims, or damage to the public. 1'h it[y days is a meager ®ount of time [o generate chat kind of date in the manager's office. *Log: Ae could not see the nec eesity of making evyone without an emergency l is ense main[a in [he log. IE anyone ri[h a license hoe to maivtaiv a log for [he CNP end Council wants to make a change, e[aff hoe no objection. City Council Minutes Su1y 31, 1985 Page 7 *Issue of Sterile Ivatrumente: Staff does no[ have any reason to dispute what Nr. Raveberger stated, and if Council wants to make [he levguage change co clean instead of sterile, staff hoe no problem with that. *COUnty Permit Issue: The ordinance only controls pickups in the City of Rene ha Cucamonga vhicfi ie in the Council"e jurisdiction. The Counc il'e de- cision should not be based vv the Cvunty'e decision o^ need and uec eaeity iv the unincotporet ed area e. The Comty cannot preclude a company that p icke up in Rancho Cucamonga from crave por ring across ovine orporated areas. *Bonding: The bond zeq uirement is not there to protect the City against liability chime or [o prw ids eddi Lionel support for indemnity. I[ ie in the ord ivance in the even[ [he compavy scope giving service which they are required [o do, and [be City finds itself in the position of not having a prw ider operating in [he City. There wculd be a fair amount of money so Che Ci[y could prw ids the service foz a short or interim period of time in the event [hat happens. In his opinion, the amouv[ vas too small Eor that purpose. Councilman Ring stated be had some pr ob lame with [be need end veceaeity prwi- aione. Realizing [here may be siGUatione in which it becomes a reasonable inquiry, he would like to make sure that the issue does not become one of "ve have a prw ider here, therefore, we do not need additional prw idere". Re would feel mare comfortable if something could be placed into the need and ne- cessity section to the fact that [he determination as it relates to need and neceaei [y shall nog be made solely on the baeie that there are other prow id ere present. Hr. Markman suggested Che wording, "Prw ided that such a determination ahatl not be solely based upon the fact that there ie already a prw ider or prw id ere opera [i ng within the City." Councilwoman Wr ehf ezpresaed Ghat this vas no[ a part of the or iginel ordi- nance which vas brought to the Council, avd the major discussion at [hat time vas a foe ue on attempting [o eliminate competition by requir ivg a paramedic on all emergency avd non-emergency rove. This ie new avd we have not had eubaten- [ial disc useion on the need and nee eaeity clause. She felt this vas doing the same thing by eliminating competition. Counc ilmav Ring felt that hie suggestion declared Counc il'e intent Chat the need and nee eeei ty clause ie vat to be used ae a baeie for Crying to diet ourage c ompetitiov. Need and vecee ei[y cannot be determined solely on the baeie that there ie already an ez feting pr w ider within [he community. Council discussed end determined ae follwe Insurance at $4 million: Council concurred [o keep the $4 million. Code 3 changed to Code 2 in route: Council concurred with concept. Notice of Sel e: Couvc it concurred as written. Operator have County permit: Councilmen Buquet wanted input from the Fire Dietr ict on th ie. Mr. Maeeerman expree sad that the Fize Dietr ict would probably newt the Ci[y and County the same. Council concurred to keep the ordinance ae written. Maintenance of Log: Council concurred [het [he CRP requirements should be incorporated into the ordinenc e. Reduce the $25,000 sure [y bond: Council concurred to keep the req uiremen[ in [he ordinance. Clean versus Sterile: Council concurred ca leave the "star it e" wording. City Council Ninutee Suly 31, 1985 Page 8 Response time for Code 3: Council concurred to Leave this at 10 minutes. Councilman Ring"e suggestion for inclusion of Need and Necesei ty state- ment: Council concurred in adding Chia to the ord inane e. City Clerk Authel et read the title o£ Ordinance No. 269. ORDINANCE N0. 269 (Eire[ reading) AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCANONCA, CALIFORNIA, AMEND INC 1AE RANCHO CIICANORGA MUNICI- PAL CODE PERTAINING TO THE RECNLATIGN OF AMBULANCES. MOTION: Moved by Dahl, seconded by Buq ue[ [o waive full reeding of Ordinance No. 269. Motion carried unanimously 5-0. Neyor Mikels set sec and reading for August 7, 1985. xxxxx Mayor Mikels called a rec see at 8:45 p. m. The meeting reconvened at 9:15 p. m. with all members of the Council pr ea ant. xxxxx x x x x x x (29) 6A. CONSIDERATION TO REP INANCE SSESSMENT DISTRICT 82-1 IND ¢TR Ar INPROV EM NT BONDS• (0401-03 SIXTR ST ASSMNT DIS) Staff report by Lauren M. Naeaerman, Ci [y Manager. Mayor Mikele opened the meeting for public input. There being no response, the meeting vas closed. MOTION: Moved by Ring, seconded by Buque[ to proceed with feaeib ility study [o refinance Asses amen[ Dia trict 82-1 Industrial Improvement Bonds end to report back if there is a coat eav ing e. (6 [h Street Induetr ial Area). Motion carried unanimously 5-0. x x x x x x (70) 68. [NFORMATION RFY'A_RnING REGONSID£RATION OF CODNTY A_RFEMENTC PON !MITI F M iY BOND FINANCING PROGRAM - C085-065. (0405-02 BONDS/MORTGAGE) Staff report by Linda Dani ale, Senior RDA Melyet. Mayor Mikels opened the meeting for public comment. Addressing Council were: Sohn Ch ria[ian sou, from Alu amen S[ree t, asked hw the City benefited from [his; it seemed like the contractor would 6eneF i[. Re ezpree eed Cha[ he felt the Ci[y vas inundated with spar [manta and suggested that the Cify re- duce denei [y. John Goodman, representing Neatern Company, encouraged Council not Co recrect its former dec iei on. Since Council approved the program, they have moved ahead with the project and have incurred sub e[en[ial coat for legal f see. Paul Denis, Lincoln Pzope rtiee, asked Counc it not to rescind this agree- ment. Jim Hampton, Pree id en[ of the Chamber of Commerce, read a prepared state- ment stating that they felt apprw al of [he proposed resolution may result in formal disputes betvee^ parties and dews! opera within the City City Council Minutes Suly 31, 1985 Page 9 which would pr we detrimental to all. They encouraged Council [o rea vlve the matter on a amicable baeie without the ree of ution as proposed. I¢ the ree of ution of the diaput e, they offered their service e. Lowell Gomes, 6772 Vivero Street, felt th ie should not 6e reconsidered a[ [his time. If Council wanted to look at th ie in the future, [hen do so; but they should not change their position and rescind the agreement a[ this time. Sim Berton, 552 Cannons id e, did vot feel Council should change [heir pol- icy. There being no further public input, Nay or Nikela closed the public portion of the meeting. After further discussion, Council made the following motion: NOTION: Nov ed by Mikel s, sec omded by Wright [o approve Resolution No. 85-232. Notion failed by [be following vote: AYES: Wright, Mikele NOES: Buquet, De61, Ring RESOLUTION N0. 85-232 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF RANCAO CfICAMONGA, CALIFORNIA, RESCINDING RESOLUTION N0. 85-183 WAICA APPROVED A CO- OPERATIVE AG REENENT WITH TAE COUNTY OF SAN BERNARDINO FOR MULTI-FAMILY RENTAL AOU SIIiG MORIG ACE FINANCING . •w r, r,+ 6C. OPDATV ON VP TOR OHTROL PROC Aw, (1403-11 VECTOR CONTROL) Staff report (31) by Nerk Lar imer, Administrative Analye [. Mayor Mikele opened the meeting for public comment. Addressing Count it ree: Ra [hy Whee [1 ey stated her only oppoei[iov roe [he Gime frame. Who[ roe deeded roe ev immediate attack on [he problem. By waiting six months for the contrec tar, re rill be in the fly seeeov again. She suggested the mon- ey from the State be used [o join the Wee[ Valley Vett or Control on a con [roc [oral baeie. 1'h ere being no further public camme¢t, Mey or Mikele cl oeed the public portion of the meeting. ACTION: Council eel ec tad Cvunc ilmen Buquet and Ring ae a au6c ommittee to meet with Mr. Zduvor ski and report back et the August 7th meeting. w e e • + + 7A. FILLING OF UNERPIBED TERM OM 171E ADVISORY COMMLCCION. (0100-00 ADMIM IS TRA- (32) TION) Mayor Mikele suggested Chet th ie be continued since only one application had 6e ev received from [he 91730 area. Council concurred. Councilmen Buquet req ueeted that the issue of [he proc sae by rh ich the Adv ivory Commissioners are appointed be diecueeed et the Sep[emher 4th meeting under Council Buei vee e. • • • ~ x 7B. Added Item: REO~ T BY N Aw y0N ONP wv TO PRO n VITA MOD AONEt. (33) (0203-05 COMMIBSION/COlDfITTEE) (0203-05 PLANNED COMMUNITY) Mayor Nikela City Council Minutes Suly 31, 1985 Page 30 eta tad Chat Will ien Lyon vas req ueeting av appl ie scion of a policy which has beev prey iouely applied to the Terra Viete Plavved Community for the construc- tion of a model unit prior to epprwal of [he tract. If the [r act were no[ ep- prwed, then the model would be removed. Councilmen De hl stet ed he vas opposed to mw ivg ahead with this bec au ae the W illi® Ly oo Company has never totally met [he conditions of epprwal on their first project with regard to the [rails and landscaping and yet thry have been allowed to move aLead from one phase to the next. Councilman Buq uet suggested that staff investigate Mr. Dahl"e commence and re- port [o the Couvc il. NOTION: Roved by Ring, seconded by Buque[ to authorize et off to prepare an agreement similar to the Lee is Nome's agreement on the same matter, end to bring back for Counc il'e consideration at the next meeting. Notion carried unanimously 5-0. • + ~ < x 7C. Added item: Councilmen Ring elated he was rozking on the Campaign Financing matter which had been received and filed prev iouely by Council. Ne would be bringing the matter beck for Council's consideration uhen he is reedy. • • ~ ~ x x MOTION: Moved by Dahl, seconded by Wright to adjourn [o a C1 Deed Session to discuss some potential litigation, not to reconvene again [his evening. Motion carried unanimously 5-0. The meeting adjourned at 10:40 p.m. Neepec tf ally submit tad, f_.'.. .. - ... .. .. Beverly A. Au [halal City Clerk Approved: September 4, 1985