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Home My WebLink About1988/11/02 - Agenda PacketCity Council Agenda Hovamber 2, 1988 PAGE 1 All item submitted for the City Council Agenda aaut be in writing. The deadline for submitting these item is 5:00 p.m. on the Wedneaday prior to the meeting. The City Clark's Office receives all such items. A. CALL TO ORHKR 1. Pledge of Allegiance to Plag. 2. Roll Callt Brown Buquet __, Stout _t King ^, sad Wright _. D A1aMUNCE11KNr8/PR13RNTATIONS 1. No items submitted. I C. C9L9LNf G11.KMBAR The following Coaasat Calendar items are arpected to be routine, and aon controveraial. They will be acted upon by the Couacdl at one ties without discussioo. Any item may be rumoved by a Councilmember or member of the audience for discussion. 1. tpproval of Hinutea, October 5, 1988 2. Approval of Warrants, Register Noe. 10/19/88 and 1 10126/88, and Payroll andiag 10/13/81 for the total amount of $4,197,268.59. 3. Approval to receive and fila current Investment Schedule 12 as of 10/27/88. 4. Approval to accapt Terra Vista Plan communities West 20 Creenway Park improvements. 5. Approval of the Park and Recreation Commiauion'a 21 reco®sndatica to allow a monument in honor of Jim Baroa, Corps of Engineers Resident Engineer of Cucamonga Creek, be erected on flood control property within Heritago Park. 6. Approval to redeem bands, publish and nail Notice of 23 Redomption for prepaid assessment. •ithin the Alta Loo& Channel (84 -2) for approximately 970,000.00. PACE o city Council Agenda November 2, 1988 2 f7. Approval of the E¢v!ro mantel Initial Study part T and 25 LI and imsuance of Categorical Erenption for the Jersey Btraet Storm Drain from Utica Street to Red Oak Avenua (AUaasmnt District 82 -1). 27 S, gEROLUTION N0. 88-639 ?' A RSOOLUTIOI: OF TOE CITY COUNCIL Of THE ' CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING To ENVIgONMBNSAL INITIAL STUDY AND ISSUANCE OF A CATECORICAL EXEMPTION FOR THE PROPOSED JERSEY STRERT STORM DRAIN FROM UTICA STREET TO RED OAR AVENUE SEINO PERT OF ASS3SS1£NI DISTRICT 02 -1 8. Approval of recomaoded policy concerning preparation of 39 staff reports and City Ordinances. 9. Approval to authorize the removal of two vehicles from 40 the City Fixed Asset Inventory from the Iutergovur new ntal Service Yund 72. 10 danalysist 41 "Fended sale, tax with Hinder, iitterb DaLlomes and Associatee. 11. Approval to sneer escrow proceedings with Nernan A. T. Novotny 46 ;mted formitho futures North Co unity Scresdtdesi Park site. confirm decision 12. City sofi 48 October 19,x1988 f planning omi lion conditions for a proposed 6138 quare foot two -story land on the southwest office building on .40 acres of of vineyard Avenue and San Bermrdinu Road in a corner Community Coamarcial District within the Foothill -102 -09 - Environmental Boulevard Specific Plae - APN 20) Review 80 -I1 - Matlack and Assessment and Development Associates. I PAGE City Council Agenda November 2, 1986 RESOLUTION NO. 8E -640 1 50 G RESOLUTION OF TO CITY COUNCIL OF THE CITY OF RANCN^ CUCAMONGA, CALIFORNIA, APPROVING A REQUEST r0R TEE DEVHLOPmur OF A 6,385 SQUARE FOOT 2-STORY OFFICE BUILDING ON .40 ACRES OF LAND IN THE SOUTHWEST CORNER OF VINEYARD AVENUE AND BAN BERNARDINO ROAD IN A COMMUNITY C012(ZRCVX DISTRICT WITHIN THE FOOTHILL BOULEVARD SPECIFIC PLAY ACTIVITY GUNTBR- APH 207 -102 -09 13. Approral to authorise the advertising if the "Notice I 66 Inviting Bide" for tbo S.1a of the Historic Landmark "Ledig House ", 5702 Autb7ut Avenue, City of Rancho Cucamonga. RESOLUTION NO. 88-641 I 67 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CVCAIIGNCA, GILIPJRNIA, APPROVING CONTRACT DOCUHRNTS AND SPECIFICATIONS FOR THE "SALE AND RELOCATION OF THE HISTORIC LANDMARK "LEDLG VA)USP" 5702 ANSTHYST STREET ", IN SAID CITY AND AUTHORIZING AND DIRECTING TILE CITY CLERK TO ADVStrISE TO RECEIVE BIDS 14. Approval to autLorise the advertising of the "Notice I 69 Inviting Budd' for the Haven Avenue Hediaa Ivpr.vements Phase III - South of Lonna Avenue to north of Wilson Avenue Improvement Iroject, to be funded from 3eautifieation Funds, Account No. 21- 4647 -8138. RESOLUTION NO. 88 -642 70 A RESOLUTION OF THE CLTY COUNCIL CP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICA71011S FOR .98 "HAVEN AVENUE MEDIAN IMPROV&OWTS PdASE III SOVrd OF LE40H AVENUE TO NORTH (,F WILSON AVENUE ", IN SAID CITY AND .UIUORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MER a � Sr City Council Agenda November 2, 1988 • Approval to award the bid for the laadacapo maintenance contract for Landscape Maintenance Assessment Districts$ Nu. 2 (Victoria) and No. 4 (Terra Vista) to Laadecape Neat, Inc. of Los Aageles, California for the amount of $203,652 to be feaded wish Landscape Maintenance Assessment Districtst No. 2 (Victoria) and No. 4 (Terra Vista) account nos. 41 -4130 -6028 and 43- 4130 -6028 respectively. Approval to award the bid for the landscape maiatenance cootlact for$ General Fund Parkways (various location); Landscape Maintanaace Assessment District Ito. 1 (city- wide); Landscape Naintemence Assessment Dintrict No. 3 (Nyseop)i Landscape Maintenance Assasment District No. 5 (26th and Nalaosa) to Landscape Nest, Inc. of Los Angeles, Californis, for the amount of $219,460 to be funded from Engineering /Maintenance Contract Service Account No. 01 -4647 -6028 (General Fund Parkways), Landscape Maintenance District No. g Account No. 40- 4130-6028, Landscape Maintenance District No. 3 Account No. 42 -4130 -6028 and Landscape Maintenance Dintrict No. 5 - Account No. 44 -4130 -6028. Approval to award the bid for "City -wide Concrete Repair Annual Maintenance Contract' to Eaymor Electric Company Of San Gabriel, for the amount of 612,6 0 to be funded from Maintanance Contract Services account No. 01 -4647- 6038. Approval to reJect all bids as submitted for the Landscape Maintenance Contract for Haven Median Islands sell San Bernardino Flood Control Gash Ends ea being nonresponsive to the needs of the City and wthorlalng readvertising of the "Notice Inviting Bids ", to be funded with the Coneral Fund, Landscape Nainteuacce Assessment District 38 and Landscape Maintenance Assessment District 4 Account Nos. 01- 4647 -6028, 46- 4130 -6028, 43 -4130 -6028, respectively. A?l �r CitNovember1 2, 19 8 PACE 5 83 RESOLUTION NO. 88-643 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING YLAN3 AND SPECIFICATIONS FOR THE "HAVEN MEDIAN ISLANDS AND SAN BERNARDINO COUNTY FLOOD CONTROL (VARIOUS LOCATIONS) LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 19. Approval to execute Improvement Agreement and 87 Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Haintao. -:e District Nos. 1 and 6 for DR 87 -59, located on the northwest corner of Fourth Street and Center Avenue, submitted by Uavangate Business Center. RESOLUTION H0. 88-644 88 A RESOLUTION Or THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IHPROVEMENT AGREEMENT AND IMPROVEMEET SECURITY FOR DEVELOPMENT REVIEW NO. 87 -59 RESOLUTION 80. 88-645 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTSdANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS, 1 AND 6 FOR CUP 87 -59 20. Approval to execute Improvement Agreement and 92 Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for DR 87-619 located on the west aide of Rochester Avenue south of Sixth Street, submitted by Rochester Assuciates. 84-1010 4041%'Pz�Wll�p City Council Agenda November 2, 1988 PAGE 6 RESOLUTION NO. 88-646 93 A RBSOLU1111 OF TIM CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT ACRESMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 87-61 RESOLUTION NO. 08-647 A RESOLUTION OF TIM CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, ORDERING TUB ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCS DISTRICT NOS. 1 AND 6 FOR DA 87 -61 21. Approval to execute Improvement Agreament Extension for 97 Tract 13060, located on the southeast corner of Milliken Avenue and Fairmont Avenue, submitted uy William Lyon Company. RESOLUTION No. 88-648 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT BBCUBITY FOR TRACT 10360 22. Approval to execute Improvement Agreement Extension for 99 Tract 13059, located on the cast side of Fairmont Avenue between Highland Avenue and Base Line Road, submitted by William Lyon Company. RESOLUTION NO. 88 -649 100 A RESOLUTION OF THE CITY COUNCIL Of rM CITY OF RANCHO CUCAMONGA, CALIFORNh, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13059 23. Approval tO execute Improvement Agreemaat Extension for 101 Parcel Map 7902, located on the cast side of Mayberry Avenue south of Wilson Avenue, submitted by Blair Homes. a ` 9r 1p PACE i City Council Agende November 2, 1988 7 r - RESOLUTION N0. 88-650 102 • A RHSOLUTION OF THE CITY COUNCIL Or THE CITY OF NANCHO CUCAMONCA, �ATIFORNIA, ;=t APPROVING IMPROVEMENT AGREEMENT 'PENSION AND IMPROVEMENr SECUAIrY 7OR PARCEL NAP 7902 24. Approval to execute lmprove•ment Agreement Extension for 103 �I Parcel Map 7441, located on the east tide of Amethyot Street betvaon LaGrands Street and Lomita Drive, submitted by Donal' Tackett. RESOLUTION NO. 88-651 104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, x. APPROVING IMPROVEMENT AGREE:4dMT EXTENSION AND IMPROVEMENT AGRRENRINr SECURITY FOR PARCEL MAP 7441 25. Approval to execute Improvement Agreement Extension tar 105 Tract 9649, located on the eouthvest corner of Wilson Avenue and Homoo& Avenue, submitted by Thomas Tucker and William Garvin, collectively. RESOLUTION NO. 88-632 106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANOI.CA, CALIFORNIA, APPROVING IMPROVEMENT ACREEMST EXTENSSION AND IMPROVEMENT SECURITY FOR TRACT 9649 26. Approval to execute Improvement Agreement Extension for 107 6737 East Avenue, submitted by William Hessler. RESOL*TION NO. 88-653 108 A RESOLUTION OF TRH: CITY COUNCIL OF THE CITY OF RANCHO CUCA40NCA, CALIFORNIA, APPROVING IMPROVEMENT "UMNFNr EXTENSION AND IMPROVENENr SECURIT] FOR 6737 EAST AVENUE PAGE City Council Agenda November 2, 1988 1 8 i 27. Approval of Map, execution of Real Property Improvemont 109 { Contract and Lien Agreement (CO 88 -182)0 Agreement for - Postponement of Recordation of Covenants, Conditions and Restrictions (CO 86 -183), Improvement Agreement and 0 Improvement Security, and Ordering the Annexation to ' " Landscape Maintenance Dia Lrict No. 1 and Street Lighting Haintenscnu District No. 1 for Tract 13650, located on the southeast corner of Foothill Boulevard and Baker Avenue, submitted by Northwood#. RESOLUTION NO. 88-654 111 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING Al AGREEMENT FOR POSTPONEMENT OF RECORDATION OF COVBMANPS, CONDITIONS f AND RESTRICTIONS, IMPROVEMENT AGREEMENT, i IMPROVEMENT SECURITY, AND FINAL NAP OF TRACT NO. 13650 RESOLUTION NO. 88 -655 112 A RESOLUTION OF TIM CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM MORTHWOODS FOR TRACT 13650 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SANE RESOLUTION NO. 88 -656 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING YAINTBNANCE DISTRICT NO. 1 FOR TRACT 13650 28. Approval to execute Professional Services Agrement (CO 116 88 -184) with BSI Consultants, Inc., for the "Street Light Inventory" project in the amount of 914,780 (913,436 plus 101 continge_cv) to be funded as £ollovet 7 PAGE City Council Agenda November 2, 1988 1 9 I Lighting District i1 - 55- 4130 -6028 $ 4,172.00 Lighting District P2 - 56- 4130 -6028 $ 4,565.60 Lightiag District d3 - 57 -4130 -6028 $ 3,910.40 Lighting District A - 58- 4130 -6020 9 1,788.80 Ligbticg District /5 - 59- 4130 -6028 9 343.20 t, 29. Approve) to execute Contract Change Order No. 1, Via 133 Carrillo Drive Improvexent Project, duthwest Cucaaoaga, for the amount of 918,924, $3,674 to be fun,sd from CDBO Fund, Account He, 28- 4333 -8704 and $13,250 to be funded from Urdlity deposits. 30. Approval to release Improvement Agreement and 135 Improvevent Security submitted by The Willian Lyon Coapany and approved by council oa December 16, 1987, M1 approval to executa Improvement Agrdament and Improvement Security submitted by Sayvocd Homes - Victoria for Tract 13442, located in the Victoria PJanned Co mmunity, on the northwest corner of Victoria Pnrk Lane sad Kaayon Way. RESOLUTION NO. 88 -657 1 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORYIA, BELEASLND PREVIOUSLY APPROVED IMPROVEMENT AGRESMSHr AND IMPROVEMENT SECURITY, ANU APPROVING NEW IMPROVEMENT AGREEMENT AND SECIMITY FOR TRACT 13442 31. Approval to accept the Archibald Avenue Sidewalks, Phase 137 I1 Improvement Project, from 6th Street to Foothill Boulevard, as complete, release bonds and authorls, the City Engineer to file A Notice of Completion and approve the final contract amount of $39,788.85. RP..O..UfION NO. 88-658 1 138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ACCEPTING THE PUItLIC IMPROVEMENTS FOR ARCHIBALD AVENUE SIDEWALKS FROM 6TH STREET TO POOTHlLL BOULEVARD AND AUTHORIZING THE PI'ANO OF A NOTICH OF COMPLETION FOR THE YORK 32. Approval to accept Improvements, relersa __ bonds and fill A Notice of Completion lor: S' yi i rpareel Naa 7646 loe+ted on the month side of Mil Lida 139 Read sithful Parformaate Bond (Street) 9 2,800 RESOLUTION NO. 80-659 140 A RESOLUTION OF TIDE CITY COUNCIL OF TIM CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCKPTING THE PUBLIC IMPROVEMENTS FOR PARCEL HAP 7646 AND AUTHORIZING THE FIL7NC OF A NOTICE OF COMPLETION FOR TEE WORK . CUP 85-17 located on the sou th side of Base Line Road 141 east -f Hermoea Avenue Faithful Performance Bond (Street) $ 18,000 RESOLiniON NO. 88 -660 142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, ACC&' ?TINO THE PUBLIC IMPROVEMENTS FOR CUP 85 -17 AND AUTHORIZING 171E FILING 07 A NOTI18 OF COMPLETION FOR INS WORK �Srect 13012 Storm Drain located on the vast side of 143 Milliken Avenue south of Victor a Park Lane Releaser Faithful Performance Bond 9925,000 (Sturm Darn Inprovemoate) Acceptt MainGmance Guarantee Bond 9 92,500 (Storm Drain Improvements) RESOLUTION NO. 88 -661 144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13022 STORM DRAIN IMPROVEMENTS AUTH02IZING THE PILING OF A NOTICE OF COMPLETION FOR THE WORK A. ♦�yyt,� me YAOH City Council Agenda AAA. November 2, 1988 1 10 ♦�yyt,� me � November 2, 1988 /401 City Council Agenda PAGE 11 ✓Tract 11793. Inc ted on the east aide of Amethvs Street 145 betvaan Nithlamd Avonue sad Lamm Release: Faithful Performance Bond (Street) $248,000 Accept: Maintenance Guarantee lend (Street) $24,800 RESOLUTION NO. 88-662 146 A RESOLUTION Or THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 11793 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 33. Approval to release cash deposit for model hom galas 147 office fort M A 8 Residential Development - Tract 12772 $ 2,500 Penfield Development. Inc. - Tract 11793 4 2,500 Subdivision Sign $ 628 Nordic Development Company - Tract 11997 $ 2,500 34 Approval to support a voluntary drought conservation 148 program. RESOLUTION NO. 88-663 160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A PROGRAM OF VOLUNTARY WATER CONSERVATION TO REDUCE WATER CONSUMPTION BY TEN PSRCSNr L PAOH City Counc Ll Agenda November 2, 1988 1 12 h S � D. CONSWRT ORDr1R*CBS Tha following Ordinances have had public hearings at the time of first rosdLug. Second remdings axe expected to be routine and nen- costroversial. They will be acted rpom by the Council at one time without discussion. The City Clark will read the title. Any item can be removed for di.scuoaiom. CONSIDERATION OP PROHIBITINC CKU.CROFLUOROCAfrom ONRBS (Cer FCTB) IN PROCBSSUD FOOD PACKAGING. Continued OeCOb 5, 1988 mating. ORDINANCE NO. 171 (second reading) 163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RA'.CHO CUCAMONGA I MUNICIPAL CODE BY ADDING A NEW CHAP7FR 8.22 ENTITLED "PROHIBITION OF CHLOEOPLUOROCARBON PROCESSED FOOD PACKAGING" 2. ENVIROHNRNTAL ASSESSMENT AND ETIWANDA SPECIFIC PUN AMENDMENT NO. 88 -05 - UNITET - A request to anand the Etiwanda Specific Plan Nap from "VL" (Very Lou density residential, 1 -2 dwelling units per acre) to "CC" (General Commercial) for 37.5+ acres of land located mouth of 24th Straat between Cherry Avenue and the I -15 Freeway; and from "FC" (Freeway Commercial) to "CC" (General Commereial) for 6.5 acres of land at the westerly conjunction of Cherry Avenue and the 1-15 Freeway. The City Council will consider other appropriate Etiwanda Specific Plan lend use categories (Neighborhood Commercial, Convenience Commercial Fraevay- Related Commercial, Office /Professional) • APd III i I 2:6- 121 -08, 11, 12, and 226 - 112 -03. h S � PAGE City Council Agenda November 2, 1988 1 13 ORDINANCE NO. 376 (second reading) 1 169 AN ORDINANCE OF THE CITY COUNCIL OF TIDE CITY DF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 88 -05, Ah9NDIN0 THE ETIWANDA SPECIFIC PLAN LAND USE NAP FROM "VL" (VERY LOW) DENSITY RESIDENTIAL (1 -2 DWELLING UNITS PER ACRE) TO "CC" (CENSRIL COMMERCIAL) FOR 57.5+ ACRES OF LAN.) LOCATED ON THE SOUTH OP 24TH STREET BETWEEN CHERRY AVENUE AND THE 1 -15 FRHEWAYI AND FROM "FC" (FREEWAY COMNERCIAL) TO "CC" (GENERAL COMH3RCW., FOR 6.5 ACRES OF U.ND AT THE WESTERLY CONJUNCTION OF CHERRY AVENUE AND THE I -15 FREEWAY, RANCHO CUCAMONGA, CALIFORNIA - APN 226 - 121 -08, 11, 12, AND 226 -112 -03 R. ADVERTISED PUBLIC HRARIECS The following items have been advertised and /or posted as public hearings as required by lay. The chair will open the seotin to receive public testimay. 1. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMENDMENT I 171 88 -01 - CITY OF RANCHO CUCAMONGA - Varinue amendments to the Sign Ordinance regarding neon signs and window signs. Continued fro. October 19, 1988 elating, ORDINANCE NO. 358 (first reading) I 172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 88 -01, AMNDINC TITLE 14 OF THE RANCHO CUCAMONGA NUNIJIPAL CODE TO MODIFY REGULATIONS FOR NEON AND WINDOW SIGNS AND ADDING PRO'YISION FOR Tommy SIGNS FOR CITY SPONSORED SPECIAL EVENTS a3� i♦ PAGE r. City Council Agccia November 2, 1968 14 2. ENVIROMMSUTAL ASSESSMENT AND CONDITIONAL USE PEWIT 88- 179 03 - WHEELER AND WVESLER dRCHITECTB - Appeal of the �s Planning Commission decision approvLng the de elopntot of a retail center and service station totaling 4,416 Aquare feet on 0.63 aerer of land in the Community Commercial District (Subarea 2) of the Foothill Boulevarl Specific Plan, located at the southrast corner of Foothill Boulevard and Vineyard Avenue - APN 248 -192- 06. ENVIRONMENTAL ASSBSSHEMr AND VARIANCE 80 -09 - WHEEL81t 179 AND 4HESLER ARCHITECTS - Appeal of the Planni ng Commission s decision approving r request to reduce the required parking setback along Foothill Boulevard from 50 feat to 40 feat and along the rear property line from 15 feat to 5 fact for a retail center and service station in the Community Commercial 9istriet (Subarea 2) of the Foothill Boulevard Specific plan, located at the southeast corner of Foothill Boulevard and Vineyard Avenue - APN 208 - 192 -06. 3. VACATION OF SAN DISCO AVENUE - FROM FOOTHILL SOULRVARD 181 TO NORIN OF SAN BERNARDINO ROAD. RESOLUTION N0. 88 -664 182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO DE VACATED, SAN DIEGO AVENUE FROM FOOTHILL BOULEVARD TO NORTH OF SA.4 BERNARDINO ROAD F. PUBLIC HKARINCC The following items have no legal publication or posting requirements. The Chair will open the mating to receive Public testimony. 1. No items submitted. G. CITY MANAGER'G STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the mooting for public input. 1. PRESENTATION ON A YOUTH ASSISTANCE PROGRAM. 188 i♦ PACE City Council Agenda °O,� ys November 2, 1988 15 2. CONSIDERATION OF GIVING FINANCIAL SUPPORT TO THE STATE 189 AND LOCAL LLGAL CENTER. 3. CONSIDERATION OF A LEASE AGREEMENT (CO 80 -185) WITH THE 195 L'OlEN S ASSISTANCE ORGANIZATION FOR THE HOUSE LOCATED AT GROVE AND BTU STREET. 4. REQUEST FROM ARTHUR FRANK SANFORD - Impounding and 210 registration of personal vehicle. 5. CONSIDERATION OF CRAPFITI ORDINANCS. (Stout) Doing reviewed by City Attorney. H. COUNCIL 5USIMESS The following items have been requested by the City Council for discuseiou. They are not public hearing items, although the Chair nay open the meeting for public input. 1. No its= submitted. 1. IDBRrTYICATION OF ITSM FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the nett meeting. These items will not be discussed at this maeti.cg, only identified for the next meeting. J. COK- MICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council any receive testimony and set the matter for a subsequent meting. Comments are to be limited to five minutes par individual. K. ADJOORNMUr 1, Beverly A. Authelet, City Clerk of the City of Rancho Cucamnga, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 28, 1988, seventy -tom (72) hours prior to the meeting per A.B. 1674 at 9320 -C Bose Line Road. r r; f CITY ' COUNCIL A G E N D A CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays — 7:30 p.m. NOVEMBER 2, 1988 Lions Park Community Center 9161 Base Line Read Rancho Cucamonga City Counciimembers Dennis L. Stout, Af. e Pamela J. Wright, nra�orr,>r.. Deborah N Brown, co.,rrr�.Tar Charles J. Buquet, Jeffrey King, •e• Lauren M. Wasserman, c1" Mano/rr James Markman, cro eeemr Beverly A. Authelet, an al.t City Ogee 989 -1831 1Jom Perk 980 -3143 October 5, 1988 CM OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Maeting A. CALL TO ORD[R A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, October 5, 1988, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:30 p.m. by Mayor Dennis L. Stout. Prescnc were Councilmembers: Deborah N. Brow, Charles J. Buquot II, Jeffrey Ring, Pamela J. Wright (arrived at 8:25 p.m.), and Mayor Dennis L. Stout. Also present wera: City Manager, Lauren M. Wasserman; City Clark, Beverly A. Authelet= Assistant City Attorney, Andrew Aretyoski; City Treasurer, Jim Frost; City Planner, Brad Buller: City Engineer, Russell Maguire( Associate Civil Engineer, Walt Stickney; Associate Civil Engineer, Joe Stofel Associate Civil Engineer, Jim Harris; Associate Planner, Scott Murphy; Administrative Analyst, Diane O'Neal. ♦ a a * a t B. ANNOUNCK UM /PRESEMTIOMS 81. Mayor Stout recognized the work during the recent fire disaster by the Fire Fighters and Lauren Wasserman, Marti Higgins, Paula Pachon, D.S. Forestry, neighboring fire departments, Sheriff's Department, people from RACES, Red Cross, a local Red Cross, a local restaursats, and the Water District, C. CONSENT Nr �•n Jim Frost, City Treasurer, requested Item No. 10 be removed for discussion. Mayor Stout requested Item No. 31 be removed for discussion Cl, Approval of Minutest August 170 1988, August 31, 1988, and September 21, 1988 C2. Approval of Warrants, Register Noe. 9/21/88 and 9/28/88, and Payroll ending 9/15188 for the total amount of $918,623.70. C3. Approval to receive and file current Investment Schedule as of September 30, 1988. C4. Approval to continue appropriations from FY 87-88 to PY 88 -89, and appropriate the funds to the account as outlined. (0401 -21 FUND APPRO) City Council Minutes October 5, 1988 Page 2 C5. Approval to award the deoita contract for drainage improvements at Bed Sill Park Lake and Amphitheater to Linville Civil Ecgieeers /Land Surveyors Inc., of Rancho Cucamonga, in the cannot of $14,800 plus a 102 contingency, to be funded from Capital Reserve Account No. 25 -4285 -7043. (0601 -01 BID) C6. Approval to execute Contract Change Order Nc. 1 (CO 67 -193) for a Profeeeioml Services Agreement vitb BSI Consultants to provide additional services in preparing striping and signing plans, handicap ramps, driveways, ' drainaga, specifications and es.. utes for 19th Street from Jasper to Carnelian. The Change Order is for the total amount of 816,820 to bring the contract total to $44,320 to be paid from Systems Development Funds, Account No. 22 -4637 -8743. (0602 -01 CONT AMEX) C7. Approval to purchase a FMC Vanguard 4000 Street Sweeper from gem Equipment Company of Pomona, California in the amount of $111,231.10 to be paid in five annual payments not to "coed $26,000 to be funded by Gas Tax - Account No. 09- 4637 -7045. (0600 -00 PURCHASE) C8 Approval to award end execute Professional Services Agreement (CO 88 -160) between the City of Rancho Cucamonga and CPS Consulting Civil Engineers for the preparation of an Economic Study as well as Design Planes Contract Specifications and Engineer's Estimates on the Cucamonga Creek Storm Drain Improvements, Phase 2 starting from approximately 1400 feet east of the Cucamonga Creak Channel to cast of Hallman Avenue. The per diem not to exceed fee of $35,506 will be funded by the drainage fund, Account No. 23 -4637 -8860. (0602 -01 CONTRACT) C9. Approval to execute contract (00 88 -161) for the Etivanda I and II Street Rehabilitation Improvement Project - Pecan Avenue and Catalpa Street awarded to Laird Cone traction Company Inc. for the amount of $152,600 ($165,992.86 plus I0I contingamey) to be fua� d from Gas Tax Fund Account Noe. 09- 4637 -8702 and 09- 4637 -8703. (0602 -01 CONTRACT) CIO. Approval to •xecuLe contract (00 88 -162) for the Archibald ..venue Widening Improvement Project fear Highland Avenue to Lemon Avenue awarded to Bob Britton, Incorporated for the amount of $137,500 ($124,925.15 a 10% contingency) to be funded from System Development Pund, Account No. 22 -4637- 8755 ITEM REMOVED FOR DISCUSSION AS REQUESTED BY JIM 9ROST, CITY TREABURHR. (0602 -01 CONTRACT) C11 Approval to execute contract (CO 88 -163) for the Via Carrillo Drive Improvement Project from Avenida Vejar to East of Sierra Madre A•xnues awarded to Laird Construction Company, Incorporated for the amount of $193,000 ($175,114.71 plus 10% contingency) to be funded from Create C.D.D.G., Account No 28 -4333 -8704. (0602 -01 CONTRACT) C12. Approval to execute contract (CO 88 -164) for the Hellman Avenue Storm Drain Improvement Project from Monte Vista Street to the Southern Pacific Railroad and Cucamonga Storm Drain awarded to Steve Bubalo Construction Company for the City Council Minutes October 5, 1988 Page 3 amount of $1,248,000 ($1,188,225.25 plus 5Z contingency) to be funded from Drainage Facilities Fund, Account No. 23- 4637 -8626. (0602 -01 CONTRACT) C13. Approval to execute contract (00 88 -165) for the Tryon Street Sidewalks Improvement Project vast of Archibald Avenue including Alternate "A" east side of Jadeite Avenue awarded to 8 -1 Enterprise Corporation for the amount of $27,101.76 to bz funded from Pedestrian Grants /Article 3, Account No. 16 -4637- 8717. (0602 -01 CONTRACT) CI4. Approval to execute contract (CO 88 -166) for the Construction of Traffic Signals and Safety Lighting 1c the Intersection of Highland Avenue and Archibald Avenue Improvement P1,ject awarded to Hovey Electric, Incorporated, for the amount of $71,800 ($65,260 plus 102 contingency) to be funded from TDA /Article 8, Account No. 12 -4637 -8824. (0602 -01 CONTRACT) C15. Approval of Parcel Map 11106, located vest of Kenyon Nay and South of Victoria Park Lana, submitted by The William Lyon Company. (1002 -09 NAP PARCEL) RESOLUTIOU NO. 88 -588 A RESOLUTION OF THE CITY COUNCIL OF TUB CITY OF RANCUO CUCAMONGA, CALIFORNIA, APPROVING THE PARCEL HAP NO. 11106 (TENTATIVE PARCEL NAP NO. 11106) C16. Approval of Parcel Map 10295, south of Mountain View Drive, between Spruce and Milliken Avenues, submitted by Lewis Development Company. (1002 -09 NAP PARCEL) RESOLUTION NO. 88 -589 A RESOLUTION OF THE CITY COUNCIL OF TIM CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL HAP NUMBER 10295 (TENTATIVE PARCEL MAP NO. 10295) C17. Approval of Parcel Map 11105 located at southeast corner of Kenyon Way and Woodruff Place submitted by The William Lyon Company. (1002 -09 NAP PARCEL) RESOLUTION NO. 88 -590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCUO CUCAMONGA, CALIFORNIA, APPROVING rARCBL MAP NUMBER 11105 (TENTATIVE PARCEL HAP NO. 11105) CIS. Approval to "acute Improvement Agreement and Impro•.ament Security for 6891 Amethyst Street, submitted by Larry Mathes. (0602 -01 AGREE IAPR) City COUMCLI Minutes October 5, 1988 Page 4 RESOLUTION NO. 88 -591 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANC80 CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEIK9T, IMPROVEMENT SECURITY FOR 6891 AMETHYST STREET C19. Approval tc execute Improvement Agreement and Improvement Security and Ordering the Annexation to Landscape Mafntauance District No. 3 and Street Lighting Maintenance District Noe. 1 and 6 for CUP 87 -16, located at the southeast corner of Hellman Avenue and Foothill Boulevard, submitted by Mu West Company. (0602 -01 AGREE IMPR) (0401 -03 LNSCAPE MD) (0401 -03 ST LT MD) RESOLUTION NO. 88 -592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCUO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT ACREEMENT AND IMPROVEMENT SECURITY FOR CUP 87 -16 RESOLUTION NO. 88 -593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING vAWIENANCE DISIRICT NOS. 1 AND 6 FOR CUP 87 -16 C20. Approval to asecute Improvement Agreement Extension for Tract 10349, located on the vest side of Sappbire Street south of Jeanet Street, submitted by Walton Construction Corporation. (0602 -01 AGREE BAN) RESOLUTION 110. 88 -594 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 10349 C21. Approval to execute Improvement Agreement and Improvement Security and Ordering the Annexation to landscape District No. 3 and Street and Lighting Maintenance District Nos. 1 and 6 for CUP 87 -26, located on the northeast corner of Vineyard Avenue and Foothill Boulevard, submitted by OAS Investors. (0602 -01 AGREE INPR) (0401 -03 LNSCAPE MD) (0401 -03 ST IT MD) RESOLUTION NO. 88 -595 A RESOLUTION OF THE CITY COUNCIL OF IHE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPBOVRHSMr AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 87 -26 City Council Minutes October 5, 1988 Page 5 s• . -i _ RESOLUTION NO. 88 -596 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CUP 87 -26 C22. Approval of Nap, execution of Agreement (CO 88 -167) for Postponement of Recordation of Covenants, Cocditione and Restrictions, Improvement Agreement end t Improvement Security and Ordering the Annexation to Landscape Naintemnce District No. 1 and Street Lighting Mainte:.ance District Nos. 1 and 2 for Tract Y 12659 -1, located on the southveat corner of Etivands Avenue and Twenty- Fourth Street, submitted by The Walton Associated Company. (1002 -09 NAP FINAL) (0602- ' 61 AGREE INPR) (0602 -01 CONTRACT) RESOLUTION NO. 88 -597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT FOR POSTPONEMENT OF C.C. A R.'S, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12659-1 RESOLUTION NO. 88 -598 A RESOLUTION OF THE CITY CC"1CIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT NO. 12659 -1 C23. Approval to accept the Arrow Route, Phase I from nrchibald Avenue to Hermosa Avenue, (CO 88 -031) as complete, release bonds and authotize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $286,876.59 (0602 -01 BOND REL) (0704 -18 NOT COHPLT) RESOLUTION N0. 88 -599 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ARROW ROUTE, PHASE I FROM ARCHIBALD AVENUE TO HERMOSA AVENUE CO 88 -031 AND AUTHORIZING THE FILING OF A 11OTICE OF COMPLETION FOR THE WORE C24. Approval to accept the Carnelian Street Traffic Signals at the intersections of Red Hill Country Club Drive and Vineyard Avenue, (CO 87 -217) as complete, release bonds and authorize the City Engineer to file a "Notice of Completion' and approve the final contract amount of $146,387.65. (0602-0? BOND REL) (0704 -18 NOT COMPLT) City Council Minutes October 5, 1988 ' Page 6 RESOLUTION NO. 88-600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTIONS OF CARNELIAN STREET AT RED HILL COUNTRY CLUB DRIVE AND CARNELIAN STREET AT VINEYARD AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK C25. Approval to accept Impravements, release Maintenance Guarantee Bond for Tract 10046 located on the north side of Hillside Road east of Archibald Avenue. (0602 -01 BOND REL) Maintenance Guarantee Bond (Street) $ 24,700 C26. Approval to accept Improvements, release bonds and file a Notice of Completion fors (0602 -01 BOND REL) (0704 -18 NOT OO)PLT) (0602 -01 BOND ACCPT) DR 87 -22 located nt 9345 Santa Anita Avenue Faithful Performance Bond (Street) $100,200 RESOLUTION NO. 88 -601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87 -22 AND AUTHORIZING TAB FILING OF A NOTICE OF COMPLETION FOR THC WORK DR 86 -33 located on the north side of Civic Center Drive east of Utica Avenue Faithful Performance Bond (Street) $ 4,400 RESOLUTION NO. 88 -602 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING TUB PUBLIC IMPROVEMENTS FOR DR 86 -33 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 11853 located on the northeast corner of 19th Street and Hewes Avenue Ralcasel Faithful Performance Bond (Street) $ 42,500 City Council minutes October 5, 1988 Page 7 Maintenance Guarantee Bond (Street) RESOLUTION NO. 88 -603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCrvSING THE PUBLIC IMPROVEMENTS FOR TRACT 11453 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORE Tract 12365 off -sits improvements located on Church Street and Terra Vista Parkvav be[vW Raven Avenue aad Spruce Avenue Faithful Performance Bond (Street) Maintenance Guarantee Bond (Street) RESOLUTION NO. 88 -604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.ONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12365 OFF -SITE IMFRDVEMOIHTS AND AUTHORIZING THE PILING OF A NOTICE OF COMPLETION FOR THE WORK C27. Approval of the Environmental Initial Study, Parts I and II for the proposed Alta Loos Storm Drain, Reach 1B, Watershed Area V, from Alta Loma Basin No. 3 to Hermosa Avenue and issuance of a Negative Declaration therefor. (1403- 06 EIS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TO ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED ALTA LOHA STORM DRAIN, REACH 1B, WATERSHED AR'SA V C28. Approval of the Environmental Initial Study, Parts I and II, for the proposed Slurry Seal Program for Fiscal Year 1988 -89 for various City streets and approval of a Categorical Exemption therefore. (1403 -06 HIS) RESOLUTION N0. 88 -606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL N City Council Minutes October 5, 1988 Page 8 STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED SLURRY SEAL PROGRAM FOR FISCAL YEAR 1988 -89 FOR VARIOUS CITY STREETS C29. Approval to increase traffic signal maintenance rates by 52 due to change in Consumer Price index as provided for in current maintenance agreement with Computer Service Company (CO 87 -086) to be funded from Gas Tar, Account No. 09- 4637 -6028, Contract Services. (0602 -01 CONr AMEN) C30. Approval to enter into escrow proceedings for acquisition of the future Nrrth East Cosawnity Park site. (1002 -03 ESCROW) (1404 -06 PR DEVEL) C31. Approval of a policy for naming of park and recreation facilities. ITkM REMOVED FOR DISCUSSION AS MMEQORSTBD BY MAYOR STOUT. (1404 -05 PARE) C32. Approval to authorize the advertising of "Notice Inviting Bide" for the Amethyst Street Reconstruction, Storm Drain and Traffic Signal Project at 19th Street, to be funded from the System Development Fund, Account No. 22 -4637- 8747, an, Transportation Development Act, Account No. 12- 4637 -8606. (0601 -01 BID) RESOLUTION NO. 88-607 A ABSOLUTION OF THE CITY COUNCIL OF TUB CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PIANO AND SPECIFICATIONS PCR THE AMETHYST STREET RECONSTRUCTION, STORM DRAIN ADD TRAFFIC SIGNAL PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO R9CEIVE BIDS C33. Set public hearing for November 21 1988 - Approval to vacate a portion of San Diego Avenue between Foothill Boulevard and north of San Bernardino Road. (1110 -18 VACATE ST) RESOLUTION NO. 88 -608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNLA, DECLARING ITS INTENTION TO VACATE A PORTION OF SAN DIEGO AVENUE BETWEEN FOOTHILL BOULEVARD AND NORTH OF SAN BERNARDINO ROAD MOTION: Moved by Brown, seconded by King to approve the Consent Calendar. Notion carried 4 -0-1 (Absent: Wright). ekaa+,a Discussion of Item C10. Approval to execute contract (CO 88 -162) for the Archibald Avenue Widening Improvement Project from Highland Avenue to Lemon Avenue awarded to Bob Britton, Incorporated for the amount of $137,500 ($124,925.15 + 10% contingency) to be funded from System Development Fund, City Council Minutes October 5, 1988 Page 9 Account No. 22- 4637 -8755. Because of problem, Mr. Proit wanted to know if Bob Britton, Incorporated was the lowest responsible bidder. Mr. Maguire responded that tonights item is siagly an approval to execute the contract, the actual awarding was done at the last meting. MOTION: Moved by Ring, aeconded by Buquet to approve the contract with Bob Britton, Incorporated. Motion carried 4 -0-1 (Absent: Wright). Mr. Maguire stated that there would be a complete report on the Victoria job for Council. aesar0 biacussion of Item C31. Approval of a policy for naming of park and recreation f icilities. Mayor Stout stated he had some concerns in the cases where the Scbool Districts and City had joint ventures of schools and parks, that if they had already given the school a name, then the park would 'nave to have the saw none. Be had some concerus regarding that policy. He would have some problem it a school was named after an individual which would not be in the City's beat int,rest. HDTION: Moved by Stout, seconded by Buquet to approve Consent Calandar Item number 31. Notice carried 4 -0-1 (Absent: Wright). s e a * A D. CONSENT ORDMNC93 City Clerk Authelel read the titles of Ordinance Nov. 371 and 375. 01 CONSIDERATION OF PROHIBITING CHLOROFLUOROCARBONS (CPC'S1 IN ORDIMAHCd NO. 371 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF TIL' RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.22 ENTITLED "PROHIBITION OF CHLORDFLUOROCARBON PROCESSED F00D PACKAGING" a f s u' 1 A r City Council Minutes October 5, 1988 Page 10 D2. ENVIRONMENTAL ASSESSh3NT AND DEVELOPMENT CODE AlENDMENr 88 -05 - CITY OF RANCUO CUCAMONGA. - An amenduent to Chapter 17al8, Hillside Residential, Section 17.18.040 B.2(c) regarding development within the Alquist- Priolo Sptei:l Studies Zone. (0203 -03 DC AMEN) ORDnLINCE NO. 375 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF TIM CITY OF LANCED CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.18 OF THE RANCHO CUCAYANCA MUNICIPAL CODE REGARDING DETELOPMENT WITHIN THE ALQUIST- PRIOLO SPECIAL STUDIES ZONE MOTION: Moved by Buquet, seconded by Brown to waive full reading and to approve Ordinance No. 375. Notion carried 4 -0-1 (Absents Wright). s++►af Discussion of Item Dl. CONSIDERATION OF PROHIhITING CHLOROFLUOROCARBONS (CFC'S) IN PROCESSED FOOD PACKAGING. Councilwoman Brown stated that the Chamber bad presented c list with a number of concerns since there were still some work which needed to be done on the Ordinance. She was requesting a 30 -day continuance. ORDI:IANCE NO. 371 (second reading) AN ORDINANCE OF THE CITY CMCIL OF Toe CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.22 ENTITLED "PROHIBITI4W OF CHLOROFLUOROCARBON PROCESSED FOOD PACKAGING" MCfION: Paved by Brown, seconded by Duquet to coat ?'sue Consent Ordinanco Item number 1 to November 2, 1988. Notion carried 4 -0-1 (Abscnt: Wright). a; t t M A, R. ADVERTISED PUBLIC HEARINGS E1. C ^DERING TIDE WORK IN CONNECTION WITH: Staff report presented by Walt Stickney, Associate Civil Engineer. Mayor Stout opened the meeting for public bearing. Addressing Council was: Cheryl Precious, 7588 Hiasup, who urged Council's support of the maincerance districts. There being no further public response, Mayor Stout closed the public hearing. City Council Minutes October 5, 1988 Page 11 Tt A. (. RESOLUTION NO. 88-609 '- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE ANNEXATION OF LOTS 4 THROUGH 12 INCLUSIVE OF TRACT 8593 4• TO LANDSCAPE. MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR LOTS 4 THROUGH 12 INCLUSIVE OF + TRACT 8583 a B. ANNEXATION OF TRACT NOS. 8369, 8805 AND 8806, LOCATEI 4 ROCHESTER AVENUE BETWEEN FOOTHILL AND DASH LINE ROAD. TO r MAINTENANCE DISTRICT NO. 1. 0401 -03 LNSCAPE 2H1) RESOLUTION NO. 88 -610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO ;UCAMON- , - ALTYORNIA, ORDERING THE WORK IN CONNECTION WITH Tub ANNEXATION OF TRACTS 8369, 8805 AND 8806 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FLNAL ENGINEER'S REPORT FOR TRACTS 8349, 8805 AND 8806 NOTION: Moved by Brow, seconded by Buquet to approve Resolution No. 88-609. Motion carried by the following vote: AYES: Bruwa, Buquet, Stout NOESt King aBSEVr: Wright MOTION: Moved by Buquet, seconded by King to approve Resolution No. 88 -610. Motion carried 4-0 -1 (Abseatt Wright). asf E2. ENVIRONMENTAL ASSESSMENT AND VARIANCE 88 -16 - PULSAR - Appeal of the Planing Commissions decision approving a request to reduce the minimm lot depth from 100 feet to 94 feet and 95 feet for two lots in conjunction with a residential subdivision of 154 single family lots on 71.33 scree of land located west of Stivanda Avenue, between Summit and Highland Avenuee - APH 225- 161 -35, 36, 37, 38, 49, 53, 55, 61 and 225- 171 -01, 09, 10, 17 Staff report presented by Scott MLrphy, Aasociate Planner. (0701 -06 APPLAL) City Connell Minutea October 5, 1988 Page 12 , ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 13812 - PULSAR - Appeal of the Planning Commissions datision approving a residential subdivision of 154 single family lots on 71.33 acres of land in the Very Low Residential District (1 -2 dwelling units per acre) of the Etiwandn Specific Plan and the Low Residential General Plan Dasiguation (2-4 dwelling units par acre), located west of Etivanda Avenue, between Summit and Highland Avenues - A2N 225- 161 -35, 36, 37, 38, 49, 53, 55, 61 and 225-171 -01, 09, 10, 17. Mayor Stout opened the meeting for public hearing. Addressing Council ware: William Dennis, representing Mr 6 Mrs. Blanchard at 6166 Sudies Place, stated that they had concerns ragarding the upper portion of F Street and felt thac it should be eliminated and that K Street should connect to Summit Avenue. Julie Rustad, 12366 Highland, indicated she wanted a safety wall built on her northern boundary. The problem is that a part of bar property is in the county. Gary Andreason, from Andreasom Engineering representing the developer, encouraged Council's approval of the project. There being no further public response, Mayor Stout closed the public Scaring. Mayor Stout asked if a six foot landscape easement could be obtained without the City becoming involved. Hr. Arczynski responded he thought that it could be. Councilman King concurred with both the appellants and felt the dispute could be resolved and should be sent back to the Planning Commission. Mayor Stout concurred with this. Councilwoman Brown felt that they should be able to turn to Council without having to pay the fees again. Mayor Stout asked if the landscapo easement could be explored. M07ION: Moved by King. seconded by Brown to refer to the October 26, 1988 Planning Commission Agenda and, if necessary@ for the November 15, 1988 City Council Agenda. Motion carried 4 -0-1 (Absent, Wright). t t t E3. MODIFICATION TO CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 13367- QUWfESSENCn DEVELOPMENT COMPANY - Appeal of the Planning Commisswn decision requiring the payment Gf in -lieu fang for future undergrounding of existing overhead utilities along Hellman Avenue and Amethyst Avenue for a subdivi3iot of City Council Minutes October S, 1988 Pogo 13 6.87 sues of land into 19 sinSla family lots in the Low Residential District 2- 4 dwelling units per arse, located weat of the intersection of Amethyst Avenue and Highland Avenue - APR 201 - 711,01, 02, 03. Staff report presented by Joe <; Stoaa, Associate Civil Engineer. (0701 -06 APPEAL) Mayor Stout opened the seating for public hearing. AA•lressing Council "rat - Hr. Anderson expressed this ua. unfair) that he was Using eked to gay for his neighbors portion. "• Joe Quin from Quintessence Development Company, felt the treatment weld unfair by the restrictive interpretation of guidelines, tnd it does Dot give adequate consideration of the unique and restrictive coufiguration of the property. (Councilwoman Wright arrived at 8:25 p.m.) Thera being no further public response, Mayor Stout closed the public bearing. Councilman Buquat stated Council has heard these typos of matters before and what has been proposed is fair and consistent with former decisions that have been made. MOTION: Moved by B•own, seconded by King to deny the appeal. Hatton carried 4- 0-0-1 (Abstainedt Wright). A, ♦ . + a P. PUBBLIC HEARINGS No items rubmitted. • a a + ► G. CITY HANACoR'S STAFF REPORTS C1. REPORT FROM CUfAMOYGa GUUn1I Waioa - - - - - -- SOUTH C HILLSIDE IN THE VICINITY OF SAPPHIRE. Con[inuad from September 219 1988 meetarE. Report presented by George 31cncb.rd, Assistant General Manager of Cucamonga County Water District. (1204 -00 WATER DIST) Mayor Stoat oponed the meeting for public responsa. There being no responer, the public hearing Was closed. ACTICHt Ccuneil recalved and filed the report. a a a City Council Minutes October 5, 1988 Page 14 3 C2. CONSIDERATION OF A REVISED TRAFFIC SIGNAL ILLUMINATED STREET NAME SIGN PACE DESIGN. Continued from Saptewber 21, 1988 meeting.) Staff report presented by t7 JimHarris, Associate Civil Engineer. (1162 -02 TRAY SIGHL) ACTIONS Council concurred with Option C with a logo in white and green. d rrrrra 4 P. E. CODICIL /USIYR83 HI. UPDATE REPORT ON RECYCLING PROGRAM. Staff report presented by Diane O'Neal, Administrative Analyst, IIM 04 RECYCLE) ACTIONt Council received and filed the report. r r a# a r I. IDEMIIFICATION OP ITSMS FOR NEXT NESTING No items were submitted. r r r a a a J. COMMUNICATIONS FROM TES PUBLIC No items were submitted. a r a r a r MOTIONt Moved by Buquet, seconded by Wright to adjourn to a joint closed session with the Redevelopment Agency regarding four consolidated litigation cases under the master case Central Scbool District. Notion carried unanimounly 5 -0. The meeting adjo-ined at 9120 p.m. Approved: a Respectfully submitted, Beverly A. Autbelet City Clerk §} k� ! ! ; _ = =©mq #a#q ®# 2 uv \\�) ®!&j9 kk) %2 () § }\ ! |!!2 ■ |; §! :a- ))/ / A; / . ;; _ © �@n ■�� »§� (£ ƒ 2 .. _U Q� G: 2 /© s� g ; laa... 7 §2/ ;ate § \RQg :�2a gq�2�Gra��a,r�G � � ! 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' ! !\\\!!\! I M S ! ! \\| ! !\ . §, ■ ; ■2 || � | | || | � ��; �| I | | | , ;� ! | | | |! | || ■ §|| | || ■ || |■ § §! |) | || 2 | �� § � § 2 § | • | • . /y ■ - | | §� • � ! r; ; ■ � = § || |� | | � §� - - �rg W m | || hill | ■ �| | | ■ � | ' /\ N F,• r, J` C' R� CPfY OF RANCHO CUCAMONGA STAFF REPORT Date: November 2, 1988 —` To: Cii: Council and City Manager 1I�L{L,{�' From: Joe Schultz, Community Services Managers Subject: Acceptance of the Neat Greenway Park Pr act in the Terra Vista Planned Community That the City Council accept as complete the pest Greenway Park project and authorize the Community Services Department to file a Notice of Completion. The put Greenway Park protect has been completed to the satisfaction of the Cosrmii..ty Services Department. It is therefore rocommended that the City Counoil accept the project from the Lewim Homes Company as complete and direct that a Notice of Completion be filed vith the County Recorder. r Q C) S CITY OF RANCHO CUCAMONGA STAFF REPORT Date: November 2, 1988 "L — To: Mayor, Members of City Council, and City Manager From: Joe Schultz, Community Services Manager Subject: Cucamonga Creek Corps of Engineers Project Konument in Honor of Jim Baron RECOMMENDATION: To accept the Park and Recreation Cozmission's recommendation to allow a monument to be erected on Flood Control property within Heritage Park. This monument will be a rock with script, similar to Haritage Park entrance monument, honoring Mr. Jim Baron, corps of Engineers Resident Engineer of Cucamonga Creek. BACMOUND: Mr. Mina Ghaly, Chief Engineer, Flood Control has requested a rock monument be placed on Flood control Property within Heritage Park. The location of the monument will be along the asphalt walkway that starts at Hillside and Beryl Street. It will be located approximately 20 yards from the intersection. The rock monument will be landscaped with flowers similar to our Heritage Park entrance monument. The proposed location of the monument is attached. Respectfully submitted. Joe ultz community Services Manager JS:bG ci a. .... ! Vt �� / �� k # !. .� �y�� I § ` | , _ � - !_, m | v it � |� Z `� / �|| |} ■ �� | jz' ! | it | ■�� \E 2 ® ! | |■ ;§ � , ��` \ 2 �� | •� - §|■ ! . � � | | ■- . r C r ci Scn OF PANCHO STAFF REPORT DATE: November 2, 1988 TO: Mayor and Members of the City Council FROM: Jerry B. Fulwood, Director of Resource Services Bonnie Cabrinha, Assessment Revenue Analyst By: royal to redeem bonds ublish and mail Notice StlBJECT: A aeoessmen a w e m e o Re emmt on or re 1 or a roY mate A to Loma Channel $70 0 b.00. b`. RECOMM b APProval to redeem bonds, publish and mail the Notice of . Redemption to bondholders reflecting $70,000.00 of prepaid assessments. BACKGyntlND/ _ ANALYSIS: Property owners have prepaid asseasmen lyi570�000e001ta Loma Channel (84 -2) tot alin approximate A seduction interest expense early .within this zable district by edeeming r idly Submi te.� . Fc of R °source Services a n i NOTICE OF REDEMPTION TO THE HOLDERS OF: CITY OF RANCHO CUCAMONGA ALTA LOMA CHANNL^, ASSESSMENT DISTRICT 84 -2 NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga (The "Agency ") has called for redemotion on January 3, 1989, $70#000 principal amount of the Agency's "City of Rancho Cucamonga Alta Loma Channel Bonds, Assesssent District No. 84 -2" (the "Bonds ") at the redemption price of 105% of the principal amount thereof, plus accrued interest -) the date of redemption. The Bonds to be redeemed are as follower Bond Certificate Numbers Amount of Redemedemption. S .00 84 $5,000 101 $5,000 103 $5,000 106 $5,000 110 $5,000 111 $5,000 112 $5,000 114 $5,000 119 $5,000 120 $5,000 126 $5,000 127 $5,000 130 $5,000 On January 2, 1989, the S.)nds or portion thereof, designated for redemption will become due and payable at the above - stated redemption price and payment will be made upon presentation and surrender at Bank of America National Trust and Savings Association, Corporate Agency Service Center, Bond and Coupon Processing, 55 Hawthorne Street, 8th Floor, San Francisco, CA 94137 (if ma.led) or at its Corporate Agency Division, 555 South Flower Street, 5th Floor, Los Angeles, CA (if deliveree). Interest payable January 2, 1989, will be paid In the usual manner upon presentation. From and after January 2, 1989, interest shall cease to accrue on the Bonds tailed for redemption. All holde,, submitting their Bonds must also submit a form W -9 in order to avoid a 201 back -up withholding under the Interest and Dividend Tax Compliance Act of 1983. Failure to provide a completed W -9 will result in a 203 back -up withholding to bondholders. The form W -9 may be obtained from the Internal Revenue Service. CITY OF RANCHO CUCAMONGA, CALIFORNIA Dated: November 3, 1988 ay s CITY OF RANCHO CQCAMGNGt. STAFF REPORT Date: November 2, 1988 WiL To: City Council and City Manager From: Russell H. Maguire, City Engineer By: Richard R. Cot &, Associate Civil Engineer Subject: Approval of the Environmental Initial Study Parts I and 11 for the Jersey Street Storm Drain from Utica Street to Red Oak Avenue; bein- part of Assessment District 62 -1. A resolution accepting and approving the Initial Studies and the Issuance of a Categorical Exemption for the project is attached. RECOMMENDATION: It is hereby recomended moving C)uncil Initial Study Parts Resolution accepting and app I and II for the proposed Jersey Street Store Drain from Utica Street to Red AvenLe and issuance tonfilefaallotice Categorical f Pursuant to the California Environmental Quality Act. BACMOIRD /ANALYSIS• This report presents an Environmental /Assessment Initial Study for the proposed Jersey Street Storm Drain between Utica Street and Red Oak Avenue, such project being BiA No. 2 of Assessment District AD 82 -1 for the 6th street Industrial Improvement District. In conformance with the California Environmental Quality Act, the attached document has been prepared to permit construction of the subject Storm drain Improvement. Said improvement geierally entails the construction of a 39 inch diameter reinformced concrete pipe from Utica Street to Red Oak Avenue to connect existing Flood Control Catch Basins to Red Oak Avenue to the existing Utica Street Storm Drain The existing catch basins in Red Oak Avenue will be unsealed and placed into service as per their intended design and construction. as i}4 Y�r • ��J'•iA'°'Jn i_ 1'\ 1-. - ..W '��1 !yu�.)- tl� CCSII - Re: Environmental Initial Study r November 2, 1988 - > 21 Page 2 iF 1. It is the Engineering Staff's findings that the proposed project Will create a significant adverse impact an the environment. not The project is s noted as being part of the City's Master Plan Improvements, and therefore for Storm Drain recommends that these classified as Categorically Exempt. improvements be ' Res tf 1 s bitted, at. y� RHlI: RRC• m Attachsent P. r ,r �n r .L .t 4m RESOLUTION 40. A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUOY'AND ISSUANCE OF A CATEGORICAL EXEMPTION FOP, THE PROPOSED JERSEY STREET STORM DRAIN a FROM UTICA STREET TO RED OAK AVENUE BEING PART OF ASSESSMENT DISTRICT 82 -1 WHEREAS, the City Council of the City of Rancho Cucamonga has reviewed all available input concerning the proposed Jersey Street Storm Drain Improvements; and and WHEREAS, said Improvements require an Environmental Assessment; WHEREAS, an Environmental Assessment Initial Study has been != prepared pursuant to the California Envfronmental quality Act, is amended. 't NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SA•ts The City Rancho cf g iP proves the Environmenid sesmeInitalstudy andisivanceoaCategorca Exemption for the proposed Jersey Street Store Drain, from Utica Street to Red Oak Avenue. Section 2. Exemption pursuane CalifornialEnvironmentaleQualitylAct .Notice of ( iI^ �i W>. ; ENVIRONMENTAL REVIEW o = APPLICATION Z �+ 19n DIAL STUDY - PART I GENERAL For all projects requiring environmental review, this torn must be completed and submitted to the Development Review Comalttee through the department where the project spplicatlon 13 made. Uoon re,*elpt of this application, the Planning Division staff will prepare Part II of the Initial Study and make recommendations to Planning Cemetssion. The Planning Camaissitn will make are Of three detetratnatfons: (1) The Project will have no si((ggnifieent Project wild haveaaa significant tenvlroftgnt 1lotapaet and anleEnviro) I.,ll Impact Report will be prepared, or (3) M additional lnformatton rental should be s�rnplied by the aPPllcant giving further Information concerning the proposed project. Date Flled: Project Tit -- --• -.• �� n�u uax nvrnue Applicant's Fame, Address, :e: Tele ho, D 1tv of Rancho Cucamonga 9320 Base Line ad. P.U. Box 807 Rancho Cucamonga. CA 9f73h Name, Address, Telephone of Person To 8e Cm:tae Concerning this Project: Richard R. Cota, 9320 Base Line Location of Rancho Assessors Parcel, No.: List other permits necessary fom local, regional, state and federal agencies and the agency issuing such pernits: Ctreer a r__ Rancho Cucamon a erta in inn to the "1—M re_r..._.t e _ — _erm/t tram + [he�lo�ure of w tail n or lacement of store drains wlihin the street and �-8�— the strnn+ ... ...... _ 'D R, WILL 1111S PROJECT. 1• Create a substantial thane in 9 ground contours? v =S nO Z• Craats a substantial chanSe in existing noise vibration ur -A— glare? of produce 3. Create a substantial change to demand {or services (police, fire, water, municipal •'X sewage, e.)? a• Create changes in the — existing Zoning r Plan designations? 9 9 or General 8• Remova any existing trees? now many? -- -� 6• Create the need for use or disposal of potentially hazardous materials such X As toxic substances, flawables or explosives? Explanation of any YES answers above (attach additional sheets if necessary); ?• Estimate the amount will generate da11Y: of sewage and solid waste R/A materials this project 8. Estimate the number of auto and truck trips generated ed dail Y b Y this 9 Estimate the amount of gradl project, in cubic yards: n 9 (cutting and filling) required for this 10. If the project involves the construction of residential units c the form an the naxt page. NIA omplete CERTIFICATIpq; I hereby certify that the statements furnished above and in the attached exhibits present the data and information required fnftial evaluation to the best of my ability, and that and information presented are true and correct to the best ofm for this belief. I further, understand thtt additio al tnformatteo may be knowledge required anoo stat be submitted before an adequate Y knowledge and 0lvtsfat. q evaluation can be made by the planning Oate: Signature Title 9 CITY OP xANCxo CDC.L`:ORCA • PARI II — INITIAL STUDY EWIR0X4 --NTAL CNECKUSI FILI?10 DAIS: L00 Nvlau: PAOJECI: Jersev Street Storn Dra to �— -- Utica Street to Red Oak Avenve PROJECT LoCAIION: Jerse Street 6etireen Utfca Street and Red Uak Avenue I. E.YVIAO =u L'iPA`US (Explanation of all "yes" and "maybe" agsvers era required on attached sheets). 1. Sils Cl 41 1 the YES MAYBE BO tad proposal have signllc results I.: a• Unstable ground conditions or in changes in geologic zelacionships? b. Disruptions. oap1 1temegCa, X compaction or burial of the soils @ x c. Change in topography or ground surface contour Sntarvalsi —_ — d. The eeloq, covering or mod ifieation of adeacruny unique '— •—_. X iaologic or physical lescurui X e• Any potential increase in ulnd or vatar erostom of _ —_ soils, affe s Its conditonst eclng either on or oat f Changes in erosion siltation, or deposition? X g Expasure of pp le or property to geologic 14 tards such _ -- X as earthquakes. landslides. Sldes . ground failure. or similar harads ' h An increase in race at elezae: ion and /or use of r —' '1•' mineral any tneral teaouree7 Mvd r =v gill the prapoasl have significant results !n: _— - 3d M Y =5 a• Changes in currents, or the course of direction of flowing straws, rivers, cr ephtmeral stream channels, X b. (%angas in absorptlan races, drainage patterns. or _ the rate and amount of surface voter runoff? X c. Alterations to the course or flow of flood waters? ' X d. Change In the amount of surface vatar in any body of vacev? A. Discharge into surface vacate, or any alteration of svrface vatpe quality? f. Alteration of groundwater characrariscica? JL _ -- g. Change in the quantity of ground stars, either through direct additions or with - dravals, or through incerfaranca vith an aquifer? Quality? Quantity, X h. the reduction in the amount of voter other- visa available for public vacer supplies? X I Exposure of people or property to voter related hazards such as flooding or seichest M. 1. Air Cualit9. Will the proposal have significant results ins A. Constant or periodic air emissions from mobile or i direct sources? Stationary soureaat X b. Deterioration of ambient air quality and /or interference vith the attainment of applicable air quality standards? -- i c. Alteration of local or regional climatic conditions, affecting air movament, moisture or temperature' Flora in: W111 the proposal have significant results a Change In the characteristics of species, In cluding dlversiry, distribution, or number Of any species of plants? b Xeduction of ch• numbers of any unique, ;are or endangered -- species of plants? X Y =s vt %M SO `.� c. Introduction of new or disruptive species of plants into an area? d. Reductioh in the potential for agricultural p ?oducoion? i Fauna. Will the proposal have significant results In. it ° a. Change in the eharaeuristiea of species, including diversity, distribution, or numbers of any cpaclas of &-insist x... f b. Reduction of the numbers of any unique. Taro ` or endangered species of animals? _� X c. Introd, :tion of new or disruptive species of animals into an area, or result in a barTlar to the migration or movement of animals? _ __ x d. Deterioration or removal of axiscfng fish or wildl':a hsbicac? �— X S. Population. Will the proposal have significant results in: a. Will the proposal altar the location, distri- bution, density, diversity, or growth rate of the human population of an area? .� b Will the proposal affect axi +zing houain ;, or create a demand for additional housing? 6. Socio- rcono -ic Factors. Will the proposal have significant results in: a. Change In local or regional socio-economic characteristics, including aeon -tit or comercial diversity, tax rate, and property values? b. Will project costs be equitably distributed f among project beneficiaries, i.e., buyers. tax payers or project users? 7. Land Use and Plannine Considerations. Will the proposal have significant results in? a. A substantial alteration of the present or planned land use of an area? Y.. b. A conflict with any designations, objectives, policies, or adopted plans of any governmental entities? _ �� x_ c. An icpacc upon the qulaity or quantity of exist Sn; consumptive or non - consumptive 3 x Y_S 8, iranso_ ort� a� Will the proposal have significant reaulcs SO: a. Generation of substantial additional vehicular ebvament? X D Effects on existing streets, or demand for new street construction? c. Effects on existing parking facilities, or demand for new parking? d. Substantial impact upon ".!sting ctanaporta- tion system? e. Alterations to present patterns of circula- tion or movement Of people and /or goods? - .JL_ ._ f. Alterations to or effects on present and Potential vater -borne, rail. Mass transit or air traffic? g. Increases in traffic hazards to motor vehicles, hicyclists or pedestriacs? 91 Culture_ I g— Will Will the proposal have tr4s�ee. stgnllieant results a. A diacurbanea to the integrity of archaaological, palOOncological, and /or historical resources? 10. Health. Safety. and Pniaance Factors. Will the p rapossl have slgnitleant results ia: a. Creation of any health hazard or potential health hazard? — -- X b. Exposure of people to potential health hazards? _- X C. A risk of esplosion or release of hazardous substances is the event of an accident? _ IL d. An iserssse fa the number of individuals or species of vector or pachsnogenic organisms or the exposure of people to such organisms! X e Increase in existing noise levels? f. Exposure of people to potentially dangerous noise levels? _ x S The creation of objectionable Odors? - x h An increase in light or glare? I.' +'; 11. Aeat�hs '111 "a zasulca Ss: Proposal have afgeSffcanc VAS v� \0 a• ?he obs[ ruction or degradation of any aerate vista or view! b. The Creation of an y ffe°s aesehae1ea11 0 sits} ive C• A conflict with the ob or potential seanl designated '� •--- X eorrldra7Of o 12. UeLlSelsa and Public Se Aave a sigaifScent toe ... Will the —_ x need proposal alteration to the fo sew system, or llwiagt a• Fleccric power? b. Natural or packaged gas? C. UO'munitatioax gstmj d. Water supply? e. 'aatewaCer fscillclas? f. Flood control structures? S• Solid waste facilities? h• Fire protectlon? 1. Felice protection! —' X J. Schools? k• Parka or o War — reeructonl tae131tSasi •�� % 1• Naf°tenasee of public facilities reads and flood Control facilities Including n• Other X govezaaantai services? , 1J. Lnerry and Start• Aave signitivae oureea. '111 the —_ A_ proposal In a' Use of subatanclal or excessive fuel or energy? b. Sub a Increase ce ntant"I sours of argyj em 1n dand upon existing C. Aa Increase In the demand for davel — new sources of opaene of �- X energy? d. Of Increase abloe�pecua ciort o[ rho Consumption — Of non -renau 1 renewable sources of energy, when feasible tees of energy are available? 3� x v _ :C 14 b C. •' Saba tied&, depletion of any nonrenewable or 'care* natural resource? Mandator, rfndfn s oC Sicni.`leance. a• Does the prolact have the potential to degraie -b' quality of the environment, substantially close.. tha habiiae of fish or wildlife 'peel's, below a tfah er below wlt vildlife population to drop aaustatning levels, threaten to eltmlcac* a plant or an'.mal eeauni h, reduce the number or restrict th' range of a rare ce endangered plant or ae.laal or Altaic, re Important lfornla as of the ulor,T,4rlods of or history or prahlacorr? Does the project have t(u pc�aatlal to achieve nvironmanca shore -teta, cc the dlsadvancaga of leog -term, e goals? (A ahcrc -term impact an the +n•..Sranmemc 1 is one which occurs in a relacivwly brief, d'flnlciva parted at claw While long term impacts Will endure well Into the tutus). Does the project have impacts which are Individually limited, but cumulatively eenaidtrabl*i (Cuoulacively considerable awns that the Incremental effects of bl indlvldsal project are considerable when viewed in eonneecI an with the effects of pas* projvcrs, and probable future projeccs), YSS mAu'-; NO n( — — X - , z d. Do's cha project h = which will Cause subacantlalnadverueefflecs C, n humso b*Inis, etcher dire atly or indirectly? Ir. DISCCSSrON OF V, -- % the stove ques dons � rvcuss on ot`iro •' of affir -�c1ve ansuas to plus a discussion P posed mitigation measures). III. -Drr- mmmATrON On oho basis of this initial evaluarion: ED I find tnvi he proposed Project COLD NOT have A significant effect on eh� econeenc, and a NEGATIVE DECIAR,ITION will be �rspar.d. I find that although the proposed project could have a significant effect an the environment. there will not be a significant effect In Chia case because the mltigaCIOn measure:t described on in attached sheet have been added to the project. A NEGATIVE DECIAAATION VILL BE PREPARED. aI find the proposed project H4y have a significant offset on the anvlrmsct, and an ENVIRONMENT DaAcr REPORT is required I find the proposed project CATENDRICA!LY EXEMPT per Article 19, Class 3(d), Se:tlon 15301 of the California Environmental Quality Act Date Richard R.S6b -J-k -- Associate Civil Engineer Tails saj} 1. Soils and Geology b. Displacement of Soil ,l The proposed storm drain excavation will displace an estimated 200 cubic yards of soil which will have to be disposed of off- site from the project. The materials are sandy with some i cobbles and generally found suitable for use as fill material. 2. Hydrology b,c,i. Changes in absorption rates, drainagr patterns or the rates and amount of surface eater runoff? At presant Red Oak Avenue drains to Jersey Street continuing on the street surface to the west and to the south until an outlet is found. The proposed project will drain this surface runoff to the west to outlet such into the existing Utica Street Storm Drain. The stone drain will remove surface runoff from Red Oak Avenue to Jersey Street and will cor-ect the local street flooding condition presently occurri g at the Utica Street /Jersey Street intersection. 6. SOtio- Economic Factors a Change in local or regional sotto - economic ;characteristics, including economic or commercial diversity, tax rate, and property values? The installation of a flood control facility is generally considered value enhancing to the properties served by the facility. b. Will project costs be equitably distributed among project beneficiaries, i.e, buyers, tax payers, or project users? Yes, the project is part of assessment District 82 -1 within the City of Rancho Cucamonga. The proposed facility is somewhat central to the district boundaries. B. Transportation a Generation of substantial additional vehicular movement? Yes. During the course of construction, trucks delivering pipe and construction equipment to the site will use Jersey street and the arterill streets interconnecting with Jersey street. Trucks removing spoil material_+ from the pipeline excavation will use the sa.! streets. 17 Once the construction 1s completed, which is estimated for a 30 day duration, the vehicular movements will return to the preconstruction levels. a. Alteration to present patterns of circulation or movement of People and /or goods? detour u our toavot the course construction dtheco structionare. ome herculationwpatterns will generally return to the preconstruction patterns once the work is completed. 9• Increases in traffic hazards to motor vehicles, bievelists or pedestrians? Yes. During the course of construction, traffic will be detoured or consolidated into one lane of traffic in each direction along Jersey Street. It is proposed to consolidate all traffic into the two eastbound traffic lanes, moving traffic away from the construction trench and work area. 12. Utilities and Pubiic Services f. Flood control facilities? The proposed construction is an interconnecting link between two i existing facilities removing a current need. 1 Maintenance of public facilities, including roads and flood control facilities? The new storm drain will rrmove storm runoff from the street which is generally deteriorating to the asphalt concrete of the paved portion of the street. The storm drain is of general benefit therefore for street maintenance. The new storm drain pipe is added however, to the inventory of the overall storm drain system eventually requiring maintenance. 33 i M t CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 28, 1988 TO: Mayor and City Council FROM: Lauren M. Wasserman, City BOBJECIt Aooroval of Recoma•e ed d P RECOMMENDATION In order to insure that all City Councilmembers are informed about the development of nev ordinances proposed by individual Councilmembers,, it is recommended that the City formalisa its informal policy by minute action co require that the ouitters be reviewed under the "Council Business" portion of the agenda. The approval of the recomended policy vill ensure that the City Council is informed regarding major policy issues. In addition, the policy vill amble staff to manage our vorkloads more effectively. jls 9` Y — CITY OF RANZHO CUCAAlONGA STAFF REPORT '•4 a• DATE: November 2, 1988 TO: City Council and City Manager FROM: Elizabeth Stoddard, Finance Manager SUBJECT: 1986 FIXED A J RECWENDATION RECLMNENDATION• Council authorize the removal of two vehicles from the City Fixed Asset Inventory t-om the Intergovernmental Service Fund, Fuld 72. BACKGROU140: e 1986/87 fiscal physical fixed asset Inventory and valuation. a valuation. In�May executed 1987, thefixed asset inventory was completed and in September, 1987, the results were audited as part of toe fiscal year end process by the independent audit team from Lance. Sell and Lunghard. At that t1r:e, three vehicles were added to the fixed asset list and targeted to be tient'fied during the 1987188 rtscal year. Staff has been able to locate ind identify one of the iehicles. Staff has determined through extensive resear,h that the two vehicles to be ldentif'ed are currently on the inventory es part of the evaluation. Staff has checked each line item expenditure for the vehtcles to insure all numbers. All vehicle re list at on formsrhavesbeenipulledhandealldvehiclesican be properly accounted. Staff concludes these two vehicles are duplicate entries made by the audit 'eam when preoaring the depreciation schedule for Fund 72. During the 1987 -88 year -end audit process. I requested the audit team of Lance, Sell and Lunghard verify ovr conclusions. The determination made by the audit Lean is in agreement w'th staff's finding and concur with the recommendation of the removal of the two vehicles or duplicate entries. Respectfully submitted, Elizabeth Stoodard Finance Manager ES:cm ya m i - -- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROM: Elizabeth Stoddard, Finance Manager SUBJECT: SALES TAX AUDIT RECDNMENDATION: agoolli :s Council authorize approval of the amendment to the contract for expanded sales tax analysis with Hinderllter, De Llamas and Associates. BACKGROUND: In 1986, Council Authorized a contract with Hinderllter. DCLiamas and Associates to assist in the development of sales tax data base to monitor fluctuations in the sales tax and major sales tax producers in the City. fhe recital of the contract provides for the review of sales tax and the subsequent reports of the review. Due to the con_istant and dramatic growth of the sales tax base the City has experienced, it Is requested that the services of Minderliter, DeLlamas and Associates be expanded to include recovery of actual sales tax dollars. The fee is not determined at this time. The charge for this is based on dollars recovered of which the consultant will receive 15% of the recovered sales tax dollar. This does not require any budget adjustment at this time as the fees Will be abated against the sales tax revenue account. Respectfully submitted, Elizabeth Sr Idard Finance Manager ES:cm 7� ADDENDUAITO AGREEMENT FOR SALES TAX AUDITAND INFO RMATIONSERVICF.S This Addendum amends the Agreement for Sales Tax Information Services entered Into Augur' 8, 1988 between Robert Hinderliter and Associates, hereinafter called "Contractor ", and the City of Rancho Cucamonga. hereinafter called "City ". ADDITION OF FIELD AUDITAND REVENUE RECUVERYSERVICES 1, Contractor shall conduct a sales tax audit in order to identify and correct "point of sale" distribution errors and thereby generate previously unrealized sales tax income for the City. Common errors that will be monitored and corrected Include: trarsposition errors by chain stores reporting multiply outlets; fund transfers resulting from board audits where the interpretation of "point of sale' Is erroneously made; reporting of sales from the location of the central administrative offices rather than from the sales force address; delays in reporting new locations; and misnllocating revenue as a "use tax" rather than a sales tax. 2. Contractor will Initiate contacts w,th the appropriate sales management and accounting officials In comoanles that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contracts will be conducted in a manner to encourage local business retention and expansion. 3. Contractor shall prepare and submit special reports to the Board of Equalization providing all information necessary to correct any allocation errors that are identified and shall follow -up with the appropriate agencies to recover all back quarter payments due the City 4. If during the course of its audit. Contractor finds businesses located in the City that are properly reporting sales tax but have the potential for modifying their ' Y c� operation to provide an even greater share to the City, Contractor will work with those businesses and the City to encourage such changes CONSIDERATION Contrector shall be further pald 15% of all new Sales and/or Use Tax revenue wldch are received by the City as a result of audit end recovery work performed by Contractor. Said percentage fee will apply to fund transfers received for back quarter reallocations find monies received In the first eight consecutive reporting quartere following caapletlon of the audit by Contractor and confirmation of corrections by the State Board of Equalization. Contractor shall obtain City approval prior to beginning the work of inducing changes in tax reporting methodology or "point ofsaie for specific businesses where said payment of the nerrnntaga fee will be expected. Said approval shall be obtained from the City Manager or his designated representative on the Sales Tax Audit Authorization Form, a copy of which is attached as "Exhibit A% City shall pay audit fees upon Contractor's submittal of the quarterly invoice showing recovery amounts Paid to the city by the Board of Equalization along with percentage calculations and amounts due for those businesses included on the audit authorization form. Above sum shall constitute full reimbursement to Contractor for all direct and indirect expenses incurred by Contractor in performing audits Including the salaries of Contractor's employees. - S�3 NOTICE All notices required by this Agreement shall be given to the City and Contractor in writing, by first class mail postage prepaid, addressed as follows: City: CITY OF RANCHO CUCAMONGA 9320 Base Line, Suite C Rancho Cucamouga,CA 91701 Contractor- HINDERLITER, DE LLAMAS & ASSOCIATES 150 West First Street, Suite 280 Claremont, CA 91711.4139 IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed on the date Bret above written by their respective officers duly authorized In that behalf. City Clerk APPROVED AS TO FORM: City Attorney CITY: CITY OF RANCHO CUCAMONGA A Municipal Corporation Mayor CONTRACTOR: HINDERLITER, DE LLAMAS & ASSOCIATES A California Cmgwrction W Sample EXHIBIT Sample EXHIBIT A Sales Tax Audit Work Authorization No. The following buaf ness or businesses, located in the City of Rancho Cucamonga, have been identified as having .he potential for generating additional sales tax revenue to the City of Rancho Cucamonga. Contractor is hereby authorized to contact the given business(es) and the State Board of Equalization to verify the accuracy of the current reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify allocation formulas, and to return previous misallocated revenue that may be due to City. Contractor's compensation shall be 16% of the Incremental growth generated by the above business (and/or businesses) for the first eight quarters following completion of work, plus any recovered back quarters. The base shall be the average of the last four quarters of revenue received from the business, if any, less any amounts determined by Citv or Contractor to be increment attributable to causes other than Contractor's work. Contractor shall provide City with a itemized quarterly invoice showingall formula calculations andamountdue. CITY OF RANCHO CUCAMONGA By. Date: HINDERLITER, DE LLAMAS & ASSOCIATES By. Date: c CITY OF RANCHO CUCAMONGA C,%3CA fN ;I STAFF REPORT Date: November 2, 1980 0L-- To: Mayor, Members of City Council and City Manager °cost Jos Schulte, Community Services Nanagsri By: Xnlen McGuire- Emery, Associate Park Plan or Subject: Acquisition of 5 Acres for North East Community Park Site That the city Council approve the execution of the Purchase Agreement and Escrow Instructions for the Schmidt /Novotny property and authorize the Community Services Staff to complete the acquisition process for theta 5 acres of the future North East community Park site. Per City Council direction, staff has been proceeding with Community Park o site. Escrow has boon completed on the first 33 acres, and documents were recorded with the County on October 26, 1998 at e:00am. Negotiations for the next 5 acres to be purchased, currently owned by Herman A. Schmidt, Solma E. Schmidt, and Stephen T. Novotny, have been successfully completed at the appraised value of $60,500 /acre for a total of $302,500. The Purchase Agreement and Escrow Instructions for the Schmidt /Novotny property were approved by the City Attorney in form and content prior to delivery to the property owners for signature. Y4 N N IYH� ig co Cd aj S f0 W e .N: N t3 ' m N LLI Z O �/ 7 c7�I0 c� U s A Y to ®v O v a� �v CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 3, 1988 TO: Mayor and Members of the City council FROM: Brad Buller, City Planner BY: Chris Westmn, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 88 -11 - u o a eso u ion Con na n9 a oun-11 decision made on October 19, 1988, for an appeal of Planning Commission conditions for a proposed 6,385 square foot two -story office building on 40 acres of land on the southwest corner of Vineyard Avenue and San Bernardino Road in a Cammmunity Commercial District within the Foothill Boulevard Specific Plan - APN: 207 - 102 -09 I. REC%14ENDATION: Staff recommends that the C1 ;v Council adopt the a ac a eso utfon. II. BACKGROUND /ANALYSIS: On October 19, 1988, the City Council heard IL' app can appeal of nine (9) conditions of approval. The attached Resolution reflects the Council's decision to deny the appeal of: a) Planning Condition No. 6, the requirement of an arbor /trellis. b) Engineering Condition No 1, the requirement of in -lieu fees for future undergrounding of utilities. c) Engineering Condition No. 2, the requirement of upgrade, modification, and relocation as necessary of the traffic signal at Vineyard Avenue and San Bernardino Road. d) Engineering Condition No. 3, the requirement of an access easement in favor of the property to the west. e) Engineering Condition No. 4, the requirement to coordinate street improvements with the developer directly east. and to grant the appeal of: a) Planning Condition No. 1, the requirement to change the roof material. 7� CITY COUNCIL STAFF REPORT DR 88 -11 - 1LITLOCX AND ASSOCIATES November 3, 1988 Page 2 b) Historic Preservation Commission Condition No. 1, the requirement to move the Thomas House or document the house should it be demolished. c) HI -torte Preservation Commission Condition Ho. 2, the requirement to provide a letter of financing Por City Planne- approval. d) Historic Preservation Commission Condition No. 3, the requirement of an archeologic survey. Res ally su ted, r j r /CB ity Pinner BB:CW:mlg 119 RESOLUTION 140. '7J - 6' 1/D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCk40NGA, CALIFORNIA APPROVING A REQUEST FOR THE DEVELOPMENT OF A 6,385 SQUARE FOOT 2 -STORY OFFICE BUILDING ON .40 ACRES OF LAND IN THE SOUTHWEST CORNER OF VINEYARD AVENUE AND SAN BERNARDINO ROAD IN A COlMUNIT( COMMERCIAL DISTRICT WITHIN THE FOOTHILL BOULEVARD SPECIFIC PIAN ACTIVITY CENTER - APR: 207 - 102 -09 A. RECITALS (f) Matlock and Associates has filed an application for approval of Development Review 88 -11 described above in the title of thin Resolution. Hereafter, in this Resolution 4 the subject Development Review request is referred to as the application . Ran ^ho Cucamonga conducted a duly noticed ehearingnonCtheisubject matter of the application, and following the conclusion of said hearing, adopted their Resolution No. 88 -168 thereby approving the application. (Iii) The applicant has filed a timely appeal of the approved application request represented in said Resolution 88 -168. The conditions appealed Are described as follows: a. Th e requirement to change the roof material to something other than metal (Planning Condition No. 12). b. The requirement to provide an arbor /trellis (Planning Condition No. 6). c The requirement to pay an in -lieu fee for the future undergrounding of existing utilities along Vineyard Avenue and San Bernardino Road (Engineering Division Condition No. 1). d. The requirement to upgrade, a)dification, and relocation, as necessary, of the tra;'fic signal at the intersection of Vineyard Avenue and San Bernardino Road (Engineering Condition NO. 2). e The requirement of an access easement in favor of the property to the west over the north /south drive aisle and portions of the southerly east/west drive aisle shall be provided (Engineering condition No. 3). f. The requirement that the developer shall coordinate with the developer of the Thomas Winery project for the design and constructfan of the San Bernardino Road and Vineyard Avenue improvements (Engineering Condition No. 4). RESOLUTION N0, OR 88 -11 - MATLOCK AND ASSOCIATES November 3, 1988 Page 2 9. The requirement of relocation Of the Thomas House and possibly e gad off-site n u stibyteeveloper(Historic Preservation Commission Condion No. 1). h. The requirement of documentation of the bows House should it be cemolishal (Historic Preservation Commission Condition No. 1). 1. The requirement to p -ovide a letter guaranteeing the financing y to be reviewed and approved by the City Planner (Historic Preservation Commission Condition No. 2). 4 J. The requirement for ^n archeologglc survey (Historic Preservation Commission condition No. 3). Cucamonga conducted Oa dulytnoticed public hearing onithe subjectteatter ofnthe approval of the application and, on said date, concluded public hearing. have occurred. All legal prerequisites to the adoption of this Resolution B. RESOLUTION NON, THEREFORE, it is found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. been reviewed andsc nsideredhin caryliancenwithrthelCalifonia Environmental Quality Act of 1970 and concurs with the issuance of the mitigated Negative Declaration issued on August 24, 1988. during the aboveareferencedhOctober 19,a 1988iheare -n,, including writtenostaff - eports, the minutes of the above- reference! = rst 24, 1988 P anning Cormission meeting and the contents of the Plann'.r mission Resolution No. 88 -168 this Council specifically finds as follows: a The application applies to property located on the southwest corner of vineyard Avenue and San Bernardino Road; b. The nroperty to the north of the subject site is Single Favily Residential, the property to the south of that site consists of a single family residential structure, the property to the cast is being developed as a sppecialty commercial center and the property to the west it multi- family residentiai; and RESOLUTION NO. DR 88 -11 - MATLOCK AND ASSOCIATES November 3, 1983 Page 3 c. The design of the application is in substantial confortrence with the design guidelines of the Foothill Boulevard Specific Plar.; and d. The use of the metal roofing material and inclusion of an arbor /trellis are appropriate accents for the activity center; and e. The requirements of the Planning Commission Resolution No. 88 -168 (Conditions Ho. 1 through 4 Engineering Division), Neat the developer pay an 1n -lieu fee for the future undergrounding of the existing overhead utilities remain an important and necessary condition; and f. The site and existing structure will not be considered for historic landnark designation and therefore, does not re(luire preservation conditions; and g. Tho developaent as specified will not contradict the goals or objectives of the General Plan or Development Code or Foothill Boulevard Specific Plan of the City of Rancho Cucamonga and would not promote a detrimental condition to persons or properties in the Immediate vicinity of the subject site. 3. Based on the substantial evidence presented to this Council during the above- referenced publi,: hearing and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed use is in accord with the objective of the Development Code, end Foothill Boulevard Specific Pian and the purposes of the district in which the site is located; That the proposed use 1s to compliance with each of the applicable provisions of the Development Code and Foothill Boulevard Specific Plan; and d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvemer... in the vicinity. 4. Based upon the findings and conclusions set forth in paragraph 1. 2, 3 and 4 above, this Council hereby approves the application subject to all the conditions set forth in Planning Commission Resolution NO. 88 -168 with the exception of Planning Cundition No. 12 and Historic Preservation Conditions I through 3 which are hereby deleted. (Copies of which are attached hereto and marked as Exhibit 1). sa RESOLUTION NU. DR 88.11 - MATLOCK AND ASSOCIATES ^ November 3, 19M A Page 4 4, L 5. The Council hereby provides notice to Matlock and Associates that the time within which Judiciai revie'd of the decision represented by the Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 5. The City Clerk is hereby directed to: (t) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by Certified Mail, Return Receipt Requested, to Matlock and Associates at thee- address as per City records. c' i S3 EXHIBIT 1 RESOLUTION N0. 88 -168 A RESOLUTION OF THE RANCHO CUCA%NGA PLANNING COMIISSION APPROVING DEVELOPMENT REVIEW N0. 88 -11, LOCATED ON THE SOUTHWEST CORNER OF VINEYARD Alin SAN BERNARDINO ROAD IN THE COMNINITY COMMERCIAL DISTRICT - APR: 207 - 102 -09 A. Recitals. (1) Ed Combs has filed an application for the approw.l of Development Review No. 88 -11 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application•. (i:) On the 24th of August, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. 0. Resolution. NOW, THEREF0.QE, it is hereby found, determined and resolved by the Planning Cemmission of the City of Rancho Cucamonga as follows: of set forth lin the Recitalal :, Part Ae of hiss Resolution are true and correct. the acts during the above- referencedsmeetingi on Augustc24, 1980, in ludingswrit�tein +and oral staff reports, this Commission hereby specifically finds as fellows: (a) The application applies to proptrty located at the southwest corner of Vineyard and San Bernardino Road; and family residential the property to the north of the subject site is single single residential residential, re P the property touthe east his being developed as a specialty commercial center, and the property to the west is multi -famly residential; and (c) The design is in substantial conformance with the design guidelines of the Fuothill Boulevard Specific Plan. 3 Based upnn the substantial evidence presented to this Commission during the above - referenced meeting and upon the specific findings of facts set forth in paragraph 1 and 2 above, concludes as follow;: this Commission hereby finds and (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed use is in accord with the objective of the Development Code and the of lofStees a d the distriicct in which the site is PLANNING COMMISSION RESOLUTION NO. 88 -158 OR 88 -11 - Matlock and Associates August 24, 1988 Page 2 (c) That the• proposed use is in compliance with each of the applicable provisions of the Development Code; and (d) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the ppublic health, safety, or welfare, or msterially injurious to properties or improvements in Shp vicinity. 4. This Commission hereby finds and certifies that the project hos been reviewed and considered in compliance with the California Environmental Quality Act of 1970 ant, further, this Commission hereby issues a Negative Declaration. S. Based upon •ho findings and cr• set forth in paragraph 1, 2 and 3 above, tnis Commission hereby app. I lnplicatibn subject to each and every condition set forth below ar:. ttached Standard Conditions attached hereto and incorporated herein u, --<rce. Planning 1) At the time of future connection to the west, that portion rf landscaping necessary for vehicular connection shall be removed. Trees shall not be planted in that designated area in the interim. 2) The column at the southwest corner of the buitdini, shall be a minimum of 24' square. 3) Tire block wall for the proposed project shall be plastered to match the building and have a cap consistent with the overall project building materials. 4) A clock shall be included as part of the tower design. 5) An articulated arch shall be provided to the doorway for the stairway on the south elevation. 6) A trellis /arbor shall be constructed at the plaza area. 7) A consistent paving treatment such as exposed aggregate or interlocking pavers shall be used at the plaza, office entries and parking lot connection. 8) A greater mix of evergreen, deciduous, and accent trees shall be provided in the final landscape plan with general emphasis on the northeast corner. 9) A 36" box Crape Myrtle shall beef provided on-site �p as a shall filnta Tree RemCovalePeerrmiteapp icationvto `remoove thelCrape Myrtle an Pine trees. SS v PLANNING COMMISSION RESOLUTION N0. 88 -168 OR 88 -11 - Matlock and Associates August 24, 1989 Page 3 10) All landscaping shall be done in accordance with the Foothill Boulevard Specific Plan. 11) Approval of Development Review 88 -11 shall not oe considered final until the geologic report has been reviewed and approved by the city. Any adverse impacts found by the geologic study shall be mitigated to the degree of 1nslgnific,ic by conditions, These conditions shall become part of the Conditions of Approval of Development Review 88 -11 12) The roof material shall not be metal. The applicant shall return to Design Review committee for review of the revised roof material. Historic Preservation In the event the Thomas House 1s designated an historic landmark, the following conditions shall apply: 1) The house and If possible the garage shall be moved to a suitable location responsibleforoan Off-site. ao ntwhich isvthepequivalentetontheeihigh end cost of demolition. However, if after a good faith effort, a suitable site has not acquired the Thomas House must be fully documented by a professional historic preservation consultant with photographs, drawings, and further research to create as complete a record as possible, 2) Demolition permits shall not be issuod for the Thomas House until building permits for the project are ready to he issued and a letter, guaranteeing that financing for the project has been secured, has been received by the City Planner. 3) An archeologic survey shall be conducted on the site by a qualified archeologist The survey and recommendations shall be determined by the City Plannerrshall action as rho Issuance of grading or building permits. Ensineering Special Conditions: 1) An in -lieu fee as contribution to the future undergrounding of the existing overM -ad utilities (telecommunications and electrical, except for the 66 K.Y. electric 1) on the opposite sides of vineyard Avenue and San Bernardino Road shall be paid to the City prior to the issuance of building permits. The fee shall be one -half the City adopted unit amount times the length as follows: S6 4i • �' PLANNING COWISSION�RESOLUTION N0. 88 -168 OR 88 -11 - IAtlock and Associates P gust 24, 1988 to the City prior to the issuance of building permlts. The fee shall be one -half the City adopted unit arount times the length as follows: a. San Bernardino Road - from the west project boundary to the center of Vineyard Avenue. b. Vineyard Avenue - from the south project boundary to the center of San Bernardino Road. 2) Upgrade, modification, and relocation, as necessary, of the traffic signal at the intersection of Vineyard and San Bernardino Road shall be the responsibility of the developer. 3) An access easement in favor of the property to the west over the north /south drive aisle and portions of the southerly east/west drive a,sle shall be provided. 4) The developer shall coordinate with the developer of the Thomas Winery project for the design ant COOZ- traction of the intersection improvements including u,yraac, relocation or modification of the traffic signals so that the intersection will be completed as a single project as approved by the City Engineer. S. The Deputy Secretary to this Commission shall certIfy to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST, 1988. PLAANIHG Cowrs5I0H OF THE CITY OF RANCHO CUCAMWA S,? PLANNING C"ISSION RESOLUTION NO. 88 -168 OR 88 -11 - Matlock and Associates Page August 24, 1988 ; I. Brad Builer, Deputy Secretary of the Planning Camoission of the City of Rancho Gr Imonga, do hereby certify that the foregoing Resolution was duly and regula�l Introduced, Passed, and adopted by the Planning Commission of the City o. ancho Cucaapnga, at a regular meeting of the Planning Coemission held on the 24th day of August, 19e8, by the following vote -to -wit: AYES: COMMISSIONERS: MCNIEL, CNITIEA. BLAKESLEY, EMERiCK, TOLSTOY NOES: CCMMISSIONERS: NONE G ABSENT: COMMISSIONERS: NONE Sf� � Er /2 ,| f' } %! 2«| � 7 � ■ � ! | k /» ® 3 '!� �•�� f§ � � � -\ l= ,z�l .2! |� J i | 5� 7 � |ƒf�q /_¥ #qf §G� j 2 | | § ƒ �SR 7 ; �J we!£z _ Er /2 ,| f' } %! 2«| � 7 � ■ � ! | k /» ® 3 '!� �•�� f§ � � � -\ l= ,z�l .2! |� J i | 5� 7 � |ƒf�q /_¥ #qf §G� j 2 | | § r ' 'ass 112 �:fz ^i�YE °isy3fi =ii 3 slgt sr Pa L� sash is�- st�i °� sai ay3 aY -pp e� =� s9.3 r"1i =i 3. a i V t jil Flit _ �'•�E s 3-i u -'YEt 3 "ts -j� s�la-Iia Ia 3 =� -' �" a 33 ��3 f�rk7 t tja i_a� ;a K• 7 �I� �F��l 3_� =a T3I� a �: jt ID cIa !I� "a iY I �_! j 3KSa= ?ir s. dl iu Be =<i�:i i t?' aw Ei i afTa1isrF =i d� . €�sF it + N 1 y =' Ff 8"i ss= a �` aIsI F =3-3' :ant• all Et r xpa_ ya "1iii at s g tat psi H si! ^33- Sa;tla Ia!� i ifi aka: 3q �'3 ?car F" I, Y =sa.I Ise s, I pia? = "n_ 3�a3 a '3s ens ='a _3 1 Y_ __ V ga� � i3 a i° 5a: i�fa i-'j a I" a3' _'a - ,i i -� c : r ! id <eiCii =S= ;a I -. -n sI 11 iia • "s s� z' x�9 =i raas� 3 ,� ;' a � i3�lca asx �i t�i��3��? 3aiai= x3 �Ds� ea! ap; as a i = zar rr rat ^• "iS3 -51 ia? as i � 3 .3 a l'r x - 3i =? as r Ei a as $ s F- _ 83 s s : '; i as � •^ ai 3r78 a r_ya �YCIzi I<i sF as ia�; r- rra a3 a3 F°! 11ade dh aixTiss 3r'83ss i '9 All :a TL B1 :Uisa o 1 N 6 ass •3r ii fif .i 3 a:a SSE 11# AYl za 9�„s YZ__p � iz 3 N 3 „iY ^a 3=44. as E 3a� �v �7 i iFa: s a�rr a:ia$ 9 i � i s iw ag�'e s fig 8szt� �r Do�� ts 3 ! aai i�i 3 P Fs S =_ = j y 7 a- d bfa;1i 7 1 YI s S i E n 3� c i g R II$ 13== ilia r €3 �c sit 3. 3a�a ? e ei? Ig li,r,: � �I 3* Fs 3 8 3� TL #F is C7� 5 =� i- es 1 iF ` =a 3a jai -ts 3a€ `IL "99aass3� 9 r 8 pp:�aai a is'3r sr rF .f 3 aS ff 3V Pa y � i��• 3a E8 3 gg Q� i3 � as° F gF. 1 Fa3 i z �s Y 1r 3 75 n O Y e - _eF AIR s e = ire a s ggca 'f2! ! « �• t! 2. / , ! I} IN- kA @ / - @} |&� 1.2 Err; a 43 = f | � �Q�'� � £2 §.�kJ \ § / | |1 » / ld £! s� |/ §�j � • . \ k! Ill, 1 , 2 | S �.. r � -Na \ / \$ 8 # r # s | |Aa # ! 1 \ $, �, , 2 " - & 9 # f IS q f © ;s ' . # zz !fa/ k-|q 2 #!A. 13 |2!2] � .!fir d ; ! # � Q,a A 3 ■ figs !�I �MUl� /�� HIS vi I�q ;:nas a �3 saa gy_ rs $ t INS $fie- �ris iF =3a all ai bt u � 3 3 "se i iia ;,ss js3s t- 5f Ili !333�E is $I II E �; s 3 .-V 3� z ! - =3 � sa� � ss !� s Ism: s ks As i a' aE b l i �F3 2 � F3° lei t\ § � a 6 =. �f �| Sf v /f ) � p� ! is r • - .! ! �. , $ � � ■ 7 f | 2 } ; # F,, §t a 3 e ! t!, , E p •1.f z$ & C &• �- �R /fI rfi IS ' ® R %\ ��l� § U � 311 21 � \ /��!!� ! \ |�f- � , � 12; k CITY OF RANCHO CUCAbIONGA t STAFF REPORT cngl DATE: November 2, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Authorizo the advertising of the 'Notice Inviting Bids' fog the sale and relocation of the Historic Landmark, "Ledig House , 5702 Amethyst Street, City of Rancho Cucamonga REf,ONVIDATIdi: It is rocommended that City council approve contract dxuments and sDeclficatfons for the sale and relocation of the Historic Landmark °Ledfg House' 5702 Amethyst Street, Rancho Cucamonga, and approve the attached resolution authorizing the City Clerk to advertise the °Notice Inviting Bids ". BACKGROUND /ANALYSIS The fcte contract a vi a eY staff, reviewed by staff and approved by the Engineer. The Engineer's estimate of sale is $35,000,00. The bid upenfng is scheduled for 10:00 a.m., Thursdyy Ovicember 8, 1988, yRespectfu submitte d, Attachment (OJo Y� RESOLUTION No. Fo - (�o q I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO I IFIAP LD EL�TSPECCFICATIONS FOR THE•SAE AND RELOCATION OF HE HISTORIC IDT" A £UOT}+ORIZING "A40ODIIIGTT'HCITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Ranrho Cucamonga to sale and relocate a historic landmark in the City of Rancho Cucamonga. WHEREA3, the City of Rancho Cucamonga has prepared Contract documents and specifications for the sale and relocation of a historic landmark. NOW, THEREFORE, THE CITY CWHCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the contract documents and specifications presented by thfi City of Rancho Cucamonga be and are hereby approved as the contract documents and specifications r the "Sale and Relocatinn of the Historic Landmark, "Ledig ° Amethyst Street, Rancho Cucaaonga . BE IT FURTHER RESOLVED that the City Clerk 1s hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for the sale and relocation specified in the aforesaid contract documents and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITlW3 SEALED BIDS OR PROPOSALS- Pursuant to a gg San Bernardino County. Resolution C;llfonirha directing fthis notice, NOTICE ISaHEREBY GIVFN 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 10:00 O'clock A.M. on the 8th day of December 1988 sealed bids or proposals for the "Sale and Relocation of the Historic Landmark, " Led1g House ", 5702 Amethyst 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. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked "Bid Ledig House ". The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10%) of the tmount of said bid as a guarantee that the bidder will enter Into the proposed -•ontract if the same is awarded to him, and In event of failure to enter into such contract said cash, 0 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 highest bidder, the amount of the highest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the high bid and the second highest bid, and 06 surplus, if any, shall be returned to the highest bidder. The amount of the bond to be given to secure a faithful perfonaance of the contract for said work shall be one hundred seventy thousand dollars ($170,000). No proposal will be considered from a Bidder whom a proposal form his not been issued by the City of Rancho Cucamonga. the work is to be done in accordance with the contract documents and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 93 ?0 Base Line Road, Rancho Cucamonga, California. Copies of the contract documents and specifications, available dt the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of $5.00, said MOD is nonrefundabie. Upon written request by the bidder, copies of the contract documents and specifications will be mailed when acid request 1s accorpanted by payment stipulated above, together with an additional nonreimbursable payment of $10.00 to cover the cost of mailing charges and overhead. 'te successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. The City of Rsncho Cucamonga, California, reserves the right to reject any and all bids. bO I — CITY OF RANCHO CUCAMONGA I'. , STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY• Michael D. Long, Senior Public Works Inspector SUBJECT: Authorize the advertising of the •Notice Inviting Bids' for the Haven Avenue Median Improvements Phase III - South of Lemon Avenue to North of Nilson Avenue Improvement Project, to be funded initially from Beautification funds, Account No. (21 -4647 -8138) with reimbursements to this account from developer contributions in -lieu of construction. REC009 NBIITION: It is recoemended that City council approve plans and speclficatfcns for the Haven Avenue Itedtan Ia�roveuents Phase III - South of Lemon Avenue to North o7 Wilson Avenue Iprovement Project and approve the attached resolution authorizing the City Clerk tti advertise the 'Notice Inviting Bids'. BACKGROUND /ANALYSIS The subject project plans and specifications have been completed by Madole and Associates Engineers and RHA Architects, reviewed by staff and approved by the City Engineer. The Engineer's estimate for construction is $1,216,804.25. Legal bdvertising is scheduled for November 8, 1988, November 15, 1988 and November 22, 1988 with the bid opening at 2:00 P.M., December 1, 1988, Respectful submitted, l <,r---r RHN:I `= 7 Attachment G9 RCSOLUTION N0. '7 D — l!0�02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SPECIFICATIONS FOR THE "HAYENIAYENUE MEDIAN IMPROVEMENTS PHASE III, SOUTH OF LEMON AVENUE TO NORTH OF WILSON AVENUE,` IN SAID CITY AND AUTHOP.IZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Rancho Cucamonga certain iaprovemments in the City of Rancho Cucamonga. to construct WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for 'Haven Avenue median Improvements Phase III ". BE IT riseaE Ci Clerk ty hereby as required by law for the receipt Ofealedbids 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 1st day of December 1988, sealed bids or proposals for the •Haven Avenue Median Improvements Phase 111' in said City. Bids will be epened and publicly read immediateiy in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California. Bids must be mace on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bpd for Construction of Haven Avenue Median Improvements Phase III'. PREVAILING s California CalifornlaLaborCode. Div Division Parta7. Chapter w1, Articles 1 and 2, the Contractor is required to pay not is than the general prevailing rate of per them wages for work of a similar character in the locality in which the public work is parformed, and not less than the general prevailing 76 "ate of per diem wages for holiday and overtime work. In that regard, the Director of toe Depa•vejt of lgdustrtal Relations of the State of California is required to and las dmtomined such general prevailing rates of per dies wages. Copies of suc� -t wailing rates of per dies waged are on file 1n the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C. Rancho Cucamnga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty -five. dollars ($25.00) for eacn laborer, workman, or archantc employed for each calendar day or portion thereof, if such taborer, workman, or mechanic is paid less than the general prevailing rate of ,ages hereinbefore stipulated for any work done under the attached contract, by his or by any subcontractor under h'.m, in violation of the provisions of said Labor Code. In accordance with the prvvisions of Section 1771.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, pro perly indentured appr ^tices 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 Cade concerning the employment of apprentices by the Contractor or any subcontractor under his. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradessei in any apprenticeable occupation to apply to the joint a�prenticeshtp committee nearest the site of tyre Public works project and l ch administers the apprenticeship program in that trade for n certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. Ths ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in thq area of covera9•a by the joint appprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apps ,.ticas 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 iocally, or D When the Contractor provides evidence that he employs registereJ apprentices on all of his contracts on an annual average of not less than one apprentice to eign• journeyman. 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 avprenticeable 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. Infonution relative to apprenticeship standards, wage schedules, and other requirements my be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Fight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit as a penalty to the City of Rancho Cucamonga, twenty -five dollars (W.00) for each laborer, workman, or mechanic employed in the execution of the contrart, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer workaan, or mechanic is required or permitted to labor more than eight (81 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 pay -cents 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 of Rancho Cucamonga for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter Into the proposed contract if the same is awarded to him, and in evont 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 security 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 for said work shalt be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent -?a ,? (50%) of the contract price for said work shall be given to secure the payment S S of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind i! done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon 7 work to bj done under contract whict nay be entered into between him and the �• said City of Rancho Cucamonga for the construction of said work. F }3 No proposal will be considered from a Contractor whom a proposal fora has not been issued by the City of Rancho Cucamonga. I Class W License (General Engineering Contractor shall possess �i Contractor) in accordance with the provisions of the Contractor's License Lax (California Business and professions Code, Section 7000 at. seq.) and rules and regulations adopted pursuant thereto at the time time this contract is awarded. f 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 u City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be 0 oo application the City of Rancho Cucamonga and payment of bf, said f3 Uppon written request by the bidder, copies of the plans and specifications will be mailed when said request 1s accompanied by payment stipulated above, t together mwith an additional overhead. dursable payment of $15.00 to cover the cot i The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General provisions, as set forth to the plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor aaty, upon the Contractor's lieuhofCmonies withhelde (perforaancepreten substitute retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. 73 DATE: TO: FROM: BY: SUBJECT: — CITY OF RANCHO CUCAMONGA STAFF REPORT Hcvember 2, 1888 City Council and City Manager Russell II. Maguire, City Engineer Dave Blevins, Maintenance Superintendent Award Uaintenance Ass sss"at Districts No. C2nt(Vi toria) and Landscape 4 amount ofs$203 652.00dsc ebeNefunded by Landscape Maintenance r th Assessment Districts to No. 2 (Victoria) and No. 4 (Terra Vista) account numbers 41- 4130_6028 and 43- 4130_6028, respectively. It RECOMEIWTI011: the Tsc contract for landscappe Maintenanceepof 1 Assessment submitted Districts Noar2 (Victoria) and Ho. 4 (Terra YTSta) to the lowest responsible bidder, Landscape Hest, Inc. of Los Angeles for the amount of $203,652.00. BACKGROUND /AHALYSIS Thursareviaus Council action, bids were solicited, received and opened an Los Angles, tOoAbeis lie apparent subject biddernwithpa West, Inc. of 3203,652.00 (sec attached bid suaaaary), Staff has reviewed all bids received and found them a be complete and in accordance with the bid requirements. Staff has coegleted the required background investigation and finds all bidders to seat the requirements of the bid documents. Also, it should be ncted that the total bid amount is hlgler than our current contract It is possible that we will experience a shortfall in funding prior to the end of this fiscal year, due to the increased bid amount. staff will address this issue by recommending fund transfers at the mid year budget review. Respectful subeltted, cc: Liz Stoddard, Finance Director Jerry Fulwoed, Resource Services Director m, d Y - t a B 5 9 Op a ; t.- iae ca - L if i }io! 7s` a B! N N - z N L if i }io! 7s` a B! 3� a� e t a p i� a, i" t ((o 1j t� r 3 _g X/ — CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Dave Blevins, Maintenance Superintendent SUBJECT: Award the Landscape Maintenance Contract for: General Fund Parkways, (Various locations); Landscape Maintenance Assessment Districts 1 (City- wide); 3 (4ssop) and 5 (26th and Hermosa) to Landscape Hest of Los Angeles, Ca for the amount of $219,480.00, to be funded by General Fund; Landscape Maintenance Assessment Districts 1 (City - wide); 3A (Hyssop) and 5 (26th and Hermosa) account numbers 01- 4647- 6028, 40 -4130 -6028, 42- 4130 -6028, and 44- 4130 -6028, respectively. RECOMME16G4TIOM: It is recommended that the City Council accept all bids as submitted and award the contract for Landscape Maintenance of General Fund Parkways, and Landscape Maintenance Assessment Districts 1 (City -wide) 3 (Hyssop) and 5 (26th and Hermosa) to the lowest responsible bidder, Landscape West, Inc. of Los Angeles. CA for the amount of $219,480.00. BACKGROUND /ANALYSIS Per Thursday, Octobern14, 1998 action. orbthe subject project, Landscape and West. opened c. is the apparent lowest responsible bidder with a bid amount of $219,480.00 (see attached bid summary). Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and find all bidders to meet the requirements of the bid documents. Also, it should be noted that the total bid amount is higher than our previous tonthecend Ofit possible due experience a Increased bid shortfall amount funding prior address this issue by recomimending fund transfers at the mid year budget review. Respe;r 1s' m tied, cc Liz Stoddard, Finance Director Jerry Fuiwood, Resource Services Director %% g� 3 a 0 n d �a a 5� I f_ xe a � i 3= � to S ;2i s - °ja9 i e.fz r aI ! 3•r! io 3 j /O S j. ml } | |. �§ 4 \{ \ � ;! | | � . , !| � • `!`� } | !!- � ! ;•.! ! .� .. !�. . §/ �! |. �§ 4 \{ \ �— — CITY OF RANCHO CUCghfONCq STAFF REPORT DATE: November 2. 1988 TO: City City Council and City Maraner FROM; Russell N. -v BY: 9ufre, City Engineer SUBJECT: Oob Zotterber9, Maintenance Supervisor, Streets d Storm Drains Award the Cit/wida Concrete Repair Annual Maintenance Contract M°f"te^�ce Contract Service a Of San ccount Gabriel to be l�C1817IOW; number 01 4647.602 bed with ItIt is ntractef that the City Council accept all Lids as crmiract for Citywide Concrete Repair lowes'• responsible bidder, submitted and sward 512, 630 00, Raynor F.lectcual Maintenance Contract BAr,KMUND/ CongaN for the the ANAlYStS amount of per previous Council action, bids were solicited, r.cetved and Thursday, October 13, 1988, for the sub ileetree Co. 315 S. San Gabriel redder. CA isect Maintenance Contract Opened on received and�foundt tetra unt of 512,690.00, apparent lowest requirements. be complete and In has review responsible 1'lds all dder3 tof a completed and accordance wfed all bids neat tie requirements required background Investigation ant: m should be noted that the bid documents. the bid Improvements et various this is an annum naintonance contract for Contract proposal is strueWredons And �er9ency mark repair of ppecif tot °led for omparison with a unit price schedule such s y I total c of bid and Labia ofbunit budgeted for anon "re in order to Proposals only. lne Award exceed $75 concrete pair. Trtal expenditure this ftscalill ,000.00 tY o % funds Respecilf l mltted, year will not R194' Z:1 -- cc LIZ Stoddard, Finance Director Jerry Fulwood, Resource Services Ofrector, attachment N BID SUMMARY 1. Raynor Electric Company S 405 S. Del Mar $12,690.00 San Gabriel, cA 91776 J 2. Bruce Davin r 313 W. Gardens nc� na Blvd $23,142.50 S; Gardena, cA 90248 81 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer SY: Jeff Barnes, Maintenance Supervisor, Landscaping i Parks SUBJECT: Rejection of all bids for the Landscape Maintenance Contract of Haven Median Islands and San Bernardino Flood Control Wash Ends, as being non - responsive to the needs of the City and authorize the readvertlsing of the 'hotice Inviting Bids ". To be funded from: General Fund, account number 01- 4647 -6026; Landscape Maintenance District No. 3B, 46- 4130 -6028; and Landscape Maintenance District No. 4, 43 -4130 -6028. RECOMNEIDATION: It is recommended that the City Council reject all bids for the Landscape Maintenance Contract of Haven Median Islands and the San Bernardino Flood Control Wash Ends. as being non - responsive to the needs of the City and authorize the readvertising of the "Notice Inviting Bids ". BACKGROUND /ANALYSIS bids Per vivus Council October 14. 1988. Mento e ion TurfbSupply, wasothe apparentelowest biddernwith a bid amount of $79,416.00. The second low bid was submitted by Mariposa Landscapes, Inc, with a bid amount of $99,000.90 Staff has reviewed all bids and found them to be complete and in accordance with the bi-' requirements. It is felt that the two lowest bidders were not responsive to the City's needs in that the bid amounts did not reflect or provide for the strict traffic control requirements of the Haven Median Islands. Therefore, Staff recommends the rejection of all bids received, and the readvertlsing of the contract. Staff will revise the Traffic Control Section of the Special Provisions to clarify the traffic control requirements as necessary. Readvertising is scheduled for November 8th, November 15, and November 22, 1988, %ith bids being opened on November 30th at 10:00 a.m. It is recommended that the City Council approve the attained resolution authorizing the City Clerk to advertise the 'Notice Inviting Bids ". R se u 1y�uD fitted, RFtli4Nta' Attachment - 8� RESOLUTION N0. 3b - ( q 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAYCHU SPED CIFICATIOMS FpR THE APP BERNARDINO COU ROVILG PLANS /�D NTY FLOODyC 17TROMEDIAN ISLAND.; AND SAN LANDSCAPE AND tRRIGAi70N ),AINTE (VARIOUS LOCATIONS) CITY AND AUTHORIZING AND DIRECTIN6CTItCONTRACT'. IN SAID ADVERTISE TO RECEIVE BIDS, CITY CLERK TO ccrta n 1�. It is the intention of the City of Rancho Cucamon a mprovements 1n the City or Rancho Cucamonga, 9 to Construct sPe^Tf �Ryt onshforl h oCa�.tructCucamonga has pepared Plans and NOW. THEREFORE . THE CITY Improvements. RESOLVES that the plans and sCOUNCIL OF THE CITY OF Cucamonga be and are ns an specifications GCHQ CUCAMONGA HEREBY 'HAVEN MEDIAN pproved as the by the Cfty of Ranch° LOCATIONS) LANDSCVES XDD AN BERNARDINO COpplan, and speciffc_tfons far MD IRRIGATION MAINTENAl�E FLOOD CONTROL (VARIOUS BE IT FURTHER RESOLVED that the C1` GWRACT directed to advertise as required by law forte Ts hereby authorized and Proposals for doing the work specified in thathe receipt of sealed following Ons, which said advertisement shalt be eSaid Plans substantially d the or following aforesaid plans and 9 words and figures, to wit: `NOTICE LYVITING SEALED 8195 OR PROPOSALS Pureuan; to a Resolution of the Ccu San Bernardino County, California ncil of Cl VEN that the said C1ty of 6irecting thisenoi� Of Poncho Cucamonga tY Clerk in the Rancho Cucamonga w171 receive NOTICE the ISfHEREBy the offices of the CSb' of Rancho Cucamgn s hour proposals 10:00 o'clork A.M, on th*IWday O 1gL(VARIOUSe1- HA EN MEDIAN D °S NOYEM IER g1988� sealedobidthe said C1ty. C'CA.IONS) LANDS PO IRRIGATION NOCOUNTY FL000 Olds will be o °�s XANCE CONTRACT to City Clerk, 9320 BaseaL7ned Road. 11Sui read immediately in the office of the Bids must be •alts C• Rancho Cucamonga, California. City Of Rancho CUCaeamono° f`ru Provided for the purpose, addressed a the MEDIAN ISLANDS Auc ga. California, marked, 'Bid for Construction of LANDSCAPE AND IRRIGATION MAII TENA COUNTYTFL009 CONTROL (VARIOUS LOCATIONS) IITENANCE HAVEN PREV .LING WAGE: RACT provfsfon; of California Labor 11f.hereby given that in mccor rate Of per Contractor is required to Division 2, Part 7 dance with to per dfer wages for work of a PayTlar less Len thehapter 1, Articles 1 which the publfc work Is performed general prevailing rate of per diem wages for bolid and not less "0 locality in dY and overuse work the general prevailing In that regard, tie 8'3 Director of the Department of Industrial Relations of the State of ppCalifornia wages. Copies ofdsuch prevailing general Prevailing are on filer Initthhe office of the City Clerk of the City of Rancho Coca 9320 9320 Base Line Road, Suite C, Rancho Cucamonga, California, and are avaflabre to arty interested party on request. The Contracting Agency also shall cause a copy of such detfrm.natfons to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty -five dollars ($25 00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such 1!borer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 17:7.5 and 1777.6 of the Labor Ccde concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the Dublic works project and which administers the cpprentfceshfp program in that trade for 3 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 shdll not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship cortafttee has exceeded an average of 15 percent ;n the 90 days prior to the request for certificate, or B When the number of apprentices in training in the area exceeds a ratio of one to five, or C When the trade can show Olt it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state44de or locally, or D. when the Contractoo proviCe; evidence that he eeplays registered apprentices on all of his contracts on an annual average of mot less than ane apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the adminIStration of apprenticeship prograas if he employs registered apprentfces or journeymen in any apprenticeable trade on such contracts and if other Contractor. on the public works site are mmking 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, ex- offfcfo the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprnticeship Standards and its branch offices. Eight ;8) hours of labor shall constitute a legal day's work for all workmen eaployed to the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth to Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of RanchO Cucamonga, twenty -five dollars ($25.00) 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 herefnbefore mentioned, for each calendar day during which said laborer workman, or mechanic is required or permitted to labor more than eight (81 hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work require 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 subsft with his proposal cash, cashier's check, certi °fed check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount thatithe bIdder least witen entereintolthe) Proposeddcontract said thebid sameaisuawardee to him, and in event of failura 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. oe lowest security be e CityOf PanchCucamongato thedifferencebetwen the l wbid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount bond oenv faithful ec The contract orsaid orkshallbeoehundred percent(1005)Oftheontract price 50) ofothefcontract prices orlsaid workashaallube given to secure the of cleims for any materials or supplies furnished for the performance of the WO1* contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate tnat he carries compensation insurance covering his employees upon work to be done under contract which av be entered into between him and the sate City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor whom a proposal form has not been issued by the City of Rancho Cucamonga. [ lAl f^ Contractor shall possess a Class '27' License (Landscaping) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) end rules mad regulations adopted Pursuant thereto at the tine tine this contract is awarded. The work is to be done in accordance with the profiles, plans, and City Clerkiats9320tBaseiLinefRoad ,hRanchoo Cucamonga11Califaornia. Coopiestof the plans and specifications, available at the office of the City Engineer, A wfll be furnished upon application to the City of Rancho Cucamonga and payment Of S'L0.00, said $20.00 is nonrefundable. Uppon written request by the bidder, topics of the plans and specifications will be nailed when said request is accixVanfed by payment stipulated above, together with an additional nonrefabursable payment of $15.00 to cover the cast of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance the hian General set forth in the Plans and Specificatonsrerdingthe work contracted to be done by the Contractor, the Contractor say, 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: e ADVERTISE ON NOVEMBER 8, 1988 or — NOVEMBER 15, 1988 _ NOVEMBER 22, 1988 0 So CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintentnce District Po. 3 and Street Lighting Maintenance District 'Jos. i and 6 for OR 87 -59, located on the northwest corner o't Fourth Street and Center Avenue, submitted by Havengate Buslnest Center Two REfOMMATIOM It is recommended that the City Council adopt the attached resolutions accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District No. 6, and authorizing the mayor and the City Clerk to sign said agreement and to Gauss said map to record. ANALYSIS/BACKGROUND DR 87 -59, located on the northwest corner of Fourth Street and Center Avenue, Pla ninglCommission Sopn F bruary a10.1984 nt District, was approved by the The Oeveloper, Haveng> a Business Center Two, is submitting an agreement and security to guarantee the construction of the Off -site improvements in the following amounts: Faithful Performance Bond: $112,000.00 Labor and Material Bond: $ 56,000.00 Copies of the agreement and security are available in the City Clerk's Office. A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Re t �subryfIted, MM. V-i� y7c Attachments RESOLUTION N0. p NP qY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW No. 87 -59 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on October 11, 1988, by Havengate Business Center Two as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located on the northwest corner of Fourth Street and Center Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Development Paview So. 87 -59; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CU_WWA, HEREBY RESOLVES that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. lexia RKA RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO A LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR OR 87 -59 California. has previously formedla specialimaintenance district gpursuant to the terms of the "Landscaping and Lighting Act of 1972', being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special eeintenance district known and designated as Landscape Maintenance District No. 3, Street Lighting Maintenance District No. 6 and Street Lighting Maintenance District No. 1 (hereinafter referred to as the "Maintenance District'); and WHEREAS, ttx provisions of Article 2 of Chapter 2 of the 'Landscaping and Lighting Act of 197,11 authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit 'A' attached hereto and incorporated hersin by this referenced to the Maintenance District; and WHEREAS, all of the otmers of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the Proposed annexation without notice and hearing or filing of an Engineers Report NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shorn in Exhibit 'A' and the work program areas as described in Exhibit "8" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including t— eievy of all assessments, shall be applicable to the territory annexed hereunder. •, ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 COUNTY Or Sex UMAEDI?10 c, STATIC OF CALMhrvU N x PROJECT NAME DR 87 -59 NG. OF D.U. OR ACP'r,AGE: 4.88 acres NO. OF ASSESS. UNITS: 9.7 units STREET LIGHTING MAINTEN4NCE DISTRICT District No. 1 - 6 No. aP La s to he Annexed -_ 5 --- --- - -- LANDSCAPE MAINTENANCE DISTRICT District No. Street Name STaurft Grsgnditover T aas 3 4th Street - -- - -- 9 RE00091EWTIOM It is recommended that the :ity Council adopt the attached resolutions accepting the subject agreement and security, ordering the aanexatior to Landscape Maintenance District No. 3 and Street Lighting Maintenance Dist;fct Nos. 1 and 6, ane wthorfztng the Mayor and the City Clerk to sign said agreement. ANALYSIS/BACKGROUND OR 87 -61, located on the west side of Rochester Avenue, south of Sixth Street, In the Industrial Specific Plan Development District, was approved by the Planning Commission on March 31, 1989. The Developer, Rochester Associates, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Borg: ;242,000.00 Labor and Material Bond: $121,000.00 Copies of the agrerent and security are available in the City Clerk's Office. A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respect$ Ty�bmttted, RKH:LB:JAA:ly Attachments RM 9� — CITY OF RANCHO CUr •u,iONGA STAFF REPORT ` DATE: November 2, 1988 yj TO: City Council and City Manager I FROM: ihussell H. Maguire, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for OR 87-61, located on the west side of Rochester Avenue, Sixth Street, subuftted by Rochester Associates south of RE00091EWTIOM It is recommended that the :ity Council adopt the attached resolutions accepting the subject agreement and security, ordering the aanexatior to Landscape Maintenance District No. 3 and Street Lighting Maintenance Dist;fct Nos. 1 and 6, ane wthorfztng the Mayor and the City Clerk to sign said agreement. ANALYSIS/BACKGROUND OR 87 -61, located on the west side of Rochester Avenue, south of Sixth Street, In the Industrial Specific Plan Development District, was approved by the Planning Commission on March 31, 1989. The Developer, Rochester Associates, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Borg: ;242,000.00 Labor and Material Bond: $121,000.00 Copies of the agrerent and security are available in the City Clerk's Office. A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respect$ Ty�bmttted, RKH:LB:JAA:ly Attachments RM 9� i! r j 1 RESOLUTION NO. �r u t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO COCWU. CALIFORNIA, APPROVING INPROVE?ENT AGREEMENT AND Ift AUVEMENT SECURITY FOR DEVELOPI£NT REVIEW N0. 87 -61 i� WHEREAS, tho CftV t ;ouncil of the City of Rancho Cucamonga, California, has for its consideration an Improvement Pgreement executed on September 1, 1988, by Rochester Associates as developer. for the Improvement of public right -of -way adjacent to the ,tdl propery specifically described therein, and generally located on the west side of Rochester Avenue, south of Sixth Street; and WHEREAS, the installation of such improvements, described in said Improvement E nt and subject to the terms thereof, is to be done in conjunction with Development development of said real property as referred to Planning pment Review No. 87.61; and WHEREAS, said Improvement Agreement is secured and ,accompanied by good and sufficient Improvement Security, which is Identified in said Improvement Agreement. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said Improvement Agreement and said Improvement Security be and the save are hereby approved and the Mayor is hereby authorlxed to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. I.3 RESOLUTION N0. S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO ` CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN + STREET LIGHTINNGMAINTENANCE MAINTENANCE OS.I AND 6 FOR C OR 87_61 WHEREAS, the City Council of the City of Rancho Cucamonga, California. has previously formed a spPecial maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972 ", being Division 15, Part 2 cf the Streets and Highways Code Of the State of California, said special maintenance district known and a9t Landscape No 3, Street MaintennceDissrict No. 1 an St ree Lighting Maintenance District No. 6 (lereinafter referred to as the 'Maintenance District'); and L' Provisions and Lighting Act ofh197 autorize theiannexation oft additional eterrItoryptog the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A' attached hereto and incorporated ;krein by this referenced to arty Maintenance District; and to be annexed to the�MaintenanceeDistrict have filed with the City Clerk their written consent to the proposed annexation without natice and hearing or filing of an Engineer's 'Report'. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are " ta'ue and correct. of the propertyHas showntin Exhibits "A* and the work program areasaasexatlon described in Exhibit 'B" attached hereto to the Maintenance District. SECTION D shies the liec District, Including all assessme tsallbapplabeto the territory annexed hereunder. 9� ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 Cl1T OF ltAPiCSO CUCAIQONOA D R F37- 6 I •` �� COUM 01 SAN UMAEDINO =: STAT= OF CALWO MA `6 N` �� EXHIBIT •B• PROJECT NAME DR 87 -61 NO. OF D.U. OR ACREAGE: 3.7 acres P.O. OF ASSESS. UNITS: 7 units (Pcl. 7 of PH 8550) STREET LIGHTING WIINTENANCE DISTRICT District No. 38�-� N °• of La s :o be Mnexed 1 2 - -- LANDSCAPE MAINTENANCE DISTRICT District No. 3 Street Name STTurft Ground Cover Trees Ea. Rochester Ave. and ___ 18 Old Rochester Ave. n,.nv AD D A wtnvn rfir A MAW' A .1. VA STAFF REPORT' DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Steve M. Gilliland, Public Works Inspectot-25� SUBJECT: Approval of Improvement Agreement Extension for Tract 13060 located an the southwest corner of Milliken Avenue and Fairmont Avenue submitted by William Lyon Company RECONIOUTION It is recommended that the City Council adopt the attached resolution, acce, Ling the subject agreement exten.4;n :nd securiy and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS /BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13060 were approved by the City Council on August 6, 1986, in the following amounts. Faithful Performance Bond: 5480,000.00 Labor and Material Bond: $240,000.00 The developer, Williis Lyon Company, is requesting approval of a 12 -month extension on said improvement agreement. Co ies of the Improvement Agreement Extension are available in the City Clerk's Office. Respect submitted, RM44G:ly Attacharents %% RESOLUTION No. 29 -(,q2 CUREfW.A R LI' THE CITY COUNCIL OF THE OF RANCHO ExTEHC I RNIA, APPROVING IMP Roib'M 7 SECURITY fp V�NT AGREEIEdT TRACT 1306p CalitbrniaWHEREAS. or Its{ sideratfon an Improvement executed on November 2 City of Rancho Cucaapn a the (ascribed t er public r {19�' b aWillfa� Agraement Extension descrtbo ^a FaitiontaArenue rally lecattedeoo�t unaI prop rty spefor the Avenue . and hrest corner of Hfllikeny Improveme WHEREAS, rement andtsub act of such faTrovements conjunction W? th the development to rats thereoF Pment of said Trait there s described tote ie said 1g1EREAS . ands to be done in accompanied by goodaandlaProveaant Agreement Extension is secured and 1n said I�rovement A suP /le i ^S 17e ent Security, which is Identified 9reement California hereby resIX the City Council of the City , Iaprovemant S Y resolves, that said 7 U of Rancho Cucamonga hereby authorfzeditoo sigand and the are herebYnr roved and the Extension said the Ci Agreement U' of Rancho Cucamonga. andtthhay e3en C eek�o ettestzUer� half of At CITY OF RANCHO CUC_1;-• t!(-.A STAFF REPOhl DATE: November 2, 1988 .r TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Works Insp SUBJECT: Approval of laprovcment Agreement Extension for Tract 13059, located on the west side of Fairmont Avenue between Highland Avenue and Baseline Road submitted by Wi111am Lyon Company. REC0 IF"TION It is recomrmerded that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizfng the Mgyot and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13059 were approved by the City Council on August 7, 1986, in the following amounts. Faithful Performance Bond: $506,000.00 Labor and Material Bond: $253,000.00 The developer, William Lyon, is requesting approval of a 12 -month extension on said isprovment agreement. Copies of the Improva ,. t Agreement Extension are available in the City Clerk's Office. Respe ,tfu submitted, iUIM:S 1 ��— / RESOLUTION N0. g 0 -6q 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAIX;HO ,r CUCAMOlN,A, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT C EXTENSIQ4 AND IMPROYRENT SECURITY FOR TRACT 13059 `1 WHEREAS, the City Council of the C1ty of Rancho Cucamonga, California, has for its consideration an Improv ^sent Agreement Extension executed on November 2, 1988, by William Lyon as deloper, for the ev Qesroip d ^therein, andrgenerally adjacent to the real the west side of between Highland Avenue and Baseline Roud; and WHEREAS, the installation of such taprovements, described in said caoofunction with the and subject development of said terms 'thereof, here fends t be done in WHEREAS, said Improvement Agreement Extension is secured and cs�nd by good and sufficient Improvement Security, which is identified in aid le NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, Cali farnia hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are heresy approved and the Mayor is the City of oRanchoCucamonga,dandpthe� city Clerktotattteststheret behalf of /ob A; A — CiTY OF RANCHO CUCAMONGA ;; STAFF REPORT �}(� j� w A DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Works Inspector SUBJECT: Approval of improvement Agreement Extension for Parcel Map 7902, located on the cast side of Mayberry Avenue south of Nilson Avenue, submitted by Blair Homes RECOMMENDATION It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS /BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Map 7902 were approved by the City Council on April 17, 1986, in the following amounts. Faithful Performance Bond: $49,000 00 Labor and Material Bond. $24,500.00 The developer, Blair Homes, is requesting approval of a 45 -day extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Resper,tliy submitted, i Attachments h RESOLUTION No. 8 D rOSv y, A RESOLUTION OF THE CITY COUNCIL OF THE CITY Y, OF AGREEMENT RNHO C tO. PROIANT CEMMMSNAND IMROYEjESEEURITY FOR PARCEL MP 7902 a. hasS, the Cit. Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement AgraeaKnt Extension executed on November 2, 1988, by Blair Homes as developer, for the lSion ern Of public right -of -way adjacent to the reel property spPer. forlth described c therein, and generally located on the east side of Mayberry Avenue south of Nilson Avenue and WHEREAS, the installation of such improvewlts, describ Improvement Agreement and subject to the terms thereof ed in said , is to ib done 1n conjunction with the developoent of said Pdrcel Hap 1962 and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified r In said Improvement Agreement Extension. California hereby resolves,ethatySaidnImprovement CAgre0 Ra choCu Cucamonga, Improvement Security be and the Sam are hereby approved and the Mayor is the CityuofoRanchoCucamonga, and the Comity Clerrkmtotattest the et behalf of thereto. 1 L` CITY OF RANCHO CUCAMONGA STAFF REPORT November 2, 1988 City Council and City Manager Russell H. Maguire, City Engineer Steve M. Gilliland, Public Works Inspecto tzTYUGr Approval of Improvement Agreement Extensin for Parcel Map 7441, located on the east side of Amethyst Street between La Grande Street and Lomita Drive, submitted by Donald Tackett recommended It is that City Council adopt attached ithacceptingt a subjt agreeme t extension andecurityand authoriz nge ryyor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Map 7441 were approved by the City Council on September 3, 1987, in the following amounts. Faithful Performance Bond: $5,600 Labor and Material Bond: $2,800 developer. l e. requesting rn on saidimroement agreement. Cop e of the rovement Agreement Extension are available in the City Clerk's Office. Respect it bmttted, RHN:SG:d L� I / Attachments 103 r� {�4 Y, i�. DATE: TO: TO: FROM: BY: SUBJECT: i RECOINNGATION 1 L` CITY OF RANCHO CUCAMONGA STAFF REPORT November 2, 1988 City Council and City Manager Russell H. Maguire, City Engineer Steve M. Gilliland, Public Works Inspecto tzTYUGr Approval of Improvement Agreement Extensin for Parcel Map 7441, located on the east side of Amethyst Street between La Grande Street and Lomita Drive, submitted by Donald Tackett recommended It is that City Council adopt attached ithacceptingt a subjt agreeme t extension andecurityand authoriz nge ryyor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Map 7441 were approved by the City Council on September 3, 1987, in the following amounts. Faithful Performance Bond: $5,600 Labor and Material Bond: $2,800 developer. l e. requesting rn on saidimroement agreement. Cop e of the rovement Agreement Extension are available in the City Clerk's Office. Respect it bmttted, RHN:SG:d L� I / Attachments 103 RESOLUTION NO. O D - (06 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CIICAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 7441 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvsrent Agreement Extension executed on November 2, 1988, by Donald Tackett as developer, for the describedntherein, andrgenerally locatedeon the east sidproperty o thystiStreet between la Grande Street and Lomita Drive, and WHEREAS, the installation of such improvements, Mscribed in said Improvement Agreement and subject to the terom thereof, is to be doe in conjunction with the development of said Parcel Nap 7441, and WHEREAS, said Isproves:nt Agreement Extension is secursd and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, T.iEREFORE, the Cfty Council of the City of Rancho Cucamonga, California hereby resolves, that sold Improy,"ent Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension w.. behtlf of the City of Rancho Cucamonga, and the Ciy Clerk to attest thereto. goy — CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Works Inspecto�j� SUBJECT: Approval of Improvement Agreement Extension for Tract 9649, locatad on the southwest corner of Wilson Avenue and Hermosa Avenue, submitted by Thomas Tucker and William Gar;41n, collectively RECOMHOMTIOW It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorising the Mayor ano City Clerk to sign said agreement. ANALYSISiBACKGROUND Improvement Agreement and Improvement Security to guarantee the constructfc:n of the public improvements for Tract 9649 were approved by the City Couxil on August 21, 1966, in the following amounts. Faithful Performance Bond: $510,000 Labor and Material Good: 5225,C00 The developer, Thomas Tucker and William Gsrwin, collectively, 1s requesting approval of a 90 -day extension an said inmroveavnt agreement. Copies of the IWrovement Agreement Cxtension are available in the City Clerk's Office. I Resp ly submitted, p _._ —/ euJ.e J f RESOLUTION N0. O 8 — �' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROYEMENi AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 9649 WHEREAS, the City Council of the City of Rancho Cucamonga, Californid, has for its consideration an Improvement Agreement Extension executed on November 2, 1988, by Thomas Tucker and William Garwin as developer, for the improvement of public right -of -way adjacent to the reAl Property specifically described therein, and generally located on the southwest toner of Wilson Avenue and Hermosa Avenue; and Improvement EAggreeaet andicubject tofthectcrms zhe,--oofs. ids etorbe done inld conjunction with the davelopment of maid Tract 9649; and WHEREAS, said Improvement Agreement Extension Is secured and accompanied by good and sufficient Improvement Security, which is Identified in said Improvement Agreement Extension. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o. Rancho Cucamonga, California, that said Improvement Agreement Extension and said Improvement Security be cnd the same are hereby approved acid the Mayor is hereby authorized to sign said Improveaent Agreement Extension on behalf o,' the City of Rancho Cucamonga, and the City Clerk to attest thereto. /0& -- CITY OF RANCHO CUCAhIONGA STAFF REPORT DATE: November 2, 1988 .� d. TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Stevr M. Gilliland, Public Works Inspect +j SUBJECT: Approval of Improvement Agreement Extension for 6737 East Avenue, submitted by William Hessler RECOMMENDATION It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS /BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for 6737 East Avenue were approved by the City Council on November 20, 1986, in the following amounts. Faithful Performance Bond: $33,000 Labor and Material Bond: $16,500 The developer, Wi111aa assler, is requesting approval of a 12 -month extension on said 1a1, .vement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Resp ubmitted, RHN:SMG:sd Attachments /a2 0 RESOLUTION NO. ? O - 6,53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR 6737 EAST AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an improvement Agreement Extension executed on November 2, 1988, by W111tam Hessler as developer, for the improvement of public right -ef -way adjacent to the real property specifically described therein, and generally located at 6737 East Avenue; and Improvement andtsubjectntofthe teimprovements, s thereof, described in in conjunction with the development of said 6737 East Avenue; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension or. behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. — l . /04F DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 2, 1988 City council and City Manager Russell H. Maguire, City Engineer Linda Beek, Engineering Technician it Approval of Nap, Real Property Improvement Contract and Lien Agreement, Agreement for Postponement of Recordation of Covenants Conditions and Restrictions, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance Distrt No. Street Lighting cistrict and NO. 1 for Tra�t ic 13650, located on the southeart corDner of Foothill Boulevard and Baker Avenue, submitted by Northwoods :CO OMTION Ip is recommended that the City Council adopt the attached re solutions the annexation3to LandscaptenmaintenancecDistricctt No. 1 and andcStreet Lighting Maintenance g agreement and tolcause said map authorizing the recor�or and the City Clerk to and ANALYSIS/BACKGROUND TR 5located on the southeast corner of Fothil Boulevard and Baker Avenue ' 0In the Medium Residen l Development Disrict, was approved by bythe Planning Coalssion on October 14, 1987, for the division of 10.15 acres into 155 lots. The Developer, Northwoods, is submitting the following: i. construction agreement and anthe off site improv mentsLein the following amounts: Faithful Performance Bond: $219,079.00 Labor and Material Bond: $109,539.00 Mounmentation Bond: $ 10,150.00 2. Agreement Ptopgua ante Improvement thee construction of 1/2 L 1 /2the median island on Foothill Boulevard. CITY COUNCIL STAFF REPORT TRACT 13650 NOVEMBER 2, 1988 PAGE 2 mMEM 3. An Agreement for POstponement cc Recordation of Covenants Conditions and Restrictions until occupancy. Copies of the agreements and security are available in the City Clerk's Office. Letters of approval have been received from the high school and cr elementary school districts acd Cucamonga County Water District. The Consent and Waiver to Annexation fore signed by the Developer is on file tC in the City Clerk'3 office. Resp 0 9u tted, RNM:LB:J.' : y Attachments lid Pes. q 8 -G 511- A RESOLUTION OF THE CITY COUNCIL Or THE CITY 6" RANCHO CUCAMOMGA, CALIFORNIA, APPROPINS AN AGREEMENT FOR POSTPOaEMENT OF RECORDATION OF CONVENANTS, CONDITIONS AND RESTRICTIONS, Ii: POYE.1IENT AGREEMENT, IMPROVEMENT SECURITf, AND °Ift HAP OF TRACT NO. 13650 WHEREAS, the Tentative Map of Tract Na. 13650, consisting of 155 lots, submitted by Nor:hwoods Subdivider, located in the southeast corner of Foothill Boulevard and Baker Avenue, ws been submitted to tho City of Rancho Cucanonga by said Subdivider for approval by said Cityy as provided in tie Subdivision Np Act of the State of California, and in compliance with the requirments of Ordinanca No. 28 of said City; and i.MEREAS, to meet the requirements established as prerequisite to approval of the Final Hip of raid Tract said Sublivider has offered the Agreement for Postponement of Covenants, Condit!ons and Restrictions, and the Improvecent Agreement submitted inrewith for approval and execution by said City, together with good and svfficient improvement Security, and submits for approval said Final Map offering `— dedication for street and highway purposes tho streets delineated thereon. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agitewnt be and the setae 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 said Agreement for postponement be and the same 1; approved and the Mayor is authorized to execute seep on behalf of said City and the City Clerk is authorized ,a attest thereto, and 4 That the offers for dedication and the Final Map delineating same be approved and the City Clark is authorized to execute the certificate thereon on behalf of said City. vl ' t/�C' 1,. RESOLUTION NO. 0 0 - 655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAMC' CUCAMONGA ACCEPTING A REAL PROPERTY IMPROVEMENT COH `CT AND LIEN AGREEMENT FROM NORTHWOODS FOR TRACT 13650 r AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucmmga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of puolic improvements in conjunction with building permit issuance; and WHEREAS, installation of 1/2 the median island in Foothill Boulevard established as prerequisite to recordation of Tract 13650 has been mot by entry into a Real - roperty Improvement Contract and Lien Agreement by Northwoods. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES to accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. /t,:):: - RESOLUTION N0. g 8 . 6 54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR TRACT 136550 l California,�has prey ously forrmedia specialCmaiintenancehdistrictnpursuant to the terms of the "Landscaping and Lighting Act of 1972', being Divtsion 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1 and Street Lighting Maintenance District No. 1 (herelnatter referred to as the 'Maintenance District'); and %andscapf gaand l.ithting Actiofs1972* authorizeftheaannexationtof additional territory to the Maintenance District; and WHEREAS, at this Liam the City Council is desirous to take proceedings to annex the property described on Exhibit 'A" attached hereto and incorporated herein by this referenced to the Maintenance District; and to be annexed to theall Maintenancce D strict have filed within with the City Clerk their wr,tten consent to the oroposed "annexation without notice and hearing or filing of an Engineers "Report". NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the proper as shown in Exhibit "A' and the work program areas as described in Exhibit B attached hereto to the Maintenance District. including SECTION 1"ery of all assessments .pshall dbegapplicable�totthe territoryct, annexed hereunder. It3 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. Y STREET LIGHTING MAINTENANCE DISTRICT NO. 1 W a s i :r =7 Os SANCHO CUOAMONGA sr. covrrrsr OF BAN H>tYIiA1tDL*i0 BTAT= OF CALU'0RNU � T EXHIBIT 'B' Y PRDJECT HAZE TRACT 13650 1 ND. OF D.U. OR ACREAGE: 155 lots NO. OF ASSESS. UNITS: 71 units STREET LIGHTING MAINTENANCE DISTRICT District No.— N0• of La st be Annexed LANDSCAPE MAINTENANCE DISTRICT District No. Street Haase Turf Ground Cover Trees S°. Pt. Sa, ft. Ea. 1 Baker Ave. and Foothill Blvd, " "" 2 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE, November 2, 1988 'rot Mayor and Members of the City Council PROM, Jerry B Pulwood, Director of Resource Services BY, SUBJECT, James T Harris, Associate Civil Engineer It Is recosmended that a Professional Services Agreement for consultant services for the production of a citywide Street Light Inventory be executed with BSI Consultants, Inc , in the amount of $11,780.00 ($13,136 00 plus 101 contingencyl to be funded from Lighting District It - 55- 1130 -6028 $1,172 001 Lighting District 02 - 56 - 4130 -6028 $1,565.601 Lighting District 03 - 57- 1130 -6028 $3,910 10) Lighting District 11 - 58- 1130 -6028 $1,788 80 and Lighting District 05 - 59 -1130 -6028 $313 20 BACKGROUND /ANALYSIS, The City Council, at It's meeting on October 19, 1988, awarded a contract with HSI Consultants. Inc , to provide a citywide Street Light Inventory BSI Consultants, Inc , has reviewed, approved and executed the Professional Services Agreement and nas otherwise met all City requirements Ro actfully�dnl�/ i erry B FuIwcod ctor of Resource Servlces JBP:JTH,Ipm 04 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of lg� between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY ") and RSI Consultants, Inc. (hereinafter referred to as 'CONSULTANT'). A. Recitals. (1) CITY has negotiated with CONSULTANT pertaining to the performance of professional services r.ith respect to the preparation of a Street Light Inventory ( "Project" hereafter). (ii) CONSULTANT has now submmitted its proposal for the performance of such services. (111) CITY desires to retain CONSLLTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission. City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such orofesslonal services as hereinafter defined NON, THEREFORE, it 1s agreed by and between CiTY and CONSULTANT as follows: d. Agreement. 1 Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The preparation of a Street Light Inventory described in Exhibit "A" Proposal for Street Light Inventory hereto including, -I- /r 2 but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, t th oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance st any and all work sessions, public h,.arfngs and other meetings conducted by CITY with respect to the project as outlined in Exhibit "A ". In addition to those items listed in Exhibit "A ", CONSULTANT will provide the pole number, where it exist:, for each light inventoried. (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 pre-ientations ana attendance by CONSULTANT at public hearings regarding the project: acceptance for construction is set forth in Exhibit 'A" attached heroto. 2. CONSULTANT agrees as follows: (a) COVULTANT shall forthwith undertake and complete the Project to accordance with Exhibit "A" and applicable with Federal. State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all traps, 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. Copies of the docummnts 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 -2- Ilk H shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The Lien limits set forth pursuant to this Section 82.(b) pay 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 ayy, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. (d) CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure the required issuance of A City Business License as a condition p•ecedent to being engaged as a CONSULTANT within the CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $13.436.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the scaedule set forth in Exhibit W. (b) Payments to CONSULTANT shall be made by CITY to accordance with the invoices submitted by Cr WLTANT, on a monthly time and materials basis, and such invoices shall aid within forty -five (46) days after said invoices are received by CITY. All charges shall be as detailed in 3 Exhibit "A" with respect to hourly rates for Individual tasks. In no event, however, will said invoices exceed 953 at individual task totals described in Exhibit W. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sup in excess of 953 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 foils and content to CITY. Final payment shall be made not later than 60 days after oresentetion of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basic in accordance with the fee schedule set forth in Exhibit "A ". Charges for additional services shall be invoiced on a monthly basis and shall be pain by CITY within forty -five (45) days after said invoices are received by CITY. Requested additional services up to an amount not to exceed ten percent (103) of the contract amount may be authorized by the City Engineer. Additional services exceeding this amount require authorization by the City Council. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth ir. Exhibit "A" hereto (b) Such information as is generally available from CITY files applicable to the project. (c) Assistance, if necessary, in obtdining information from other governmental agencies and /or private parties. However, it shall be -4- / CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make snd retain such copies of said documents and materials as CONSULTANT may desire, except as regards materials, data and property line amps prepared fray the City -wide data base. All such materials shill be returned or delivered to CITY and cannot be used by CONSULTANT except in connection with this protect. Arty use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indeemify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY , its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A ", on a pro- -5- l e>l rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive acre than the maximum specified in paragraph 3 (a), above. CONSULTANT shall prAvide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, Prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notfcas and nesianated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below rased individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Je _rry L. Grabill. P E Manager/Traffic Engfneerino Services CONSULTANT and Russell N. Maau'rej Cj Engineer, CITY Any such notices, demands, invoices and written cooswnications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after df:posit thereof in the United States mail, postage prepaid and properly adaressed 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 tc CITY nor shall CONSULTANT allow any subcontractor to comnence work on a subcontract until all insurance required of the - `, :ontractor has been obtained. CONSULTANT shall take out and maintain at all Limns during the term of this Agreement tie following policies of insurance: -6- - � aa- i_ (a) Worker's Compensation Insurance: Before beginning wmrk, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persone 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. r In accordance with the provisions of Californfa Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, $hall sign and file with CITY a certification as follows, 'I am awdre cf the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance ulth the provisioils Of that Code, and I will comply with such provisions before coorencfag the performance of the work of this Agreement°. (b) Public Lfabflib end Property Oanaae: 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 fr.im CONSULTANT's activities, mrovlding protection of at least One Million Dollar, (5;,000,000.00) for bodily injury or death to arty one person or for any one I::ident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. _7_ la3 W Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insu-nice concerning errors and omissions (" malpractice") providing protection of at least Five Nundred Thousand Dollars ($500,000.00) for errors and omissions ( "malpractice ") with respect to loss arising from negligent arts or omissions for which CONSULTANT is legally liable while performing engineering services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express proilsion of this Agreement shall be carried only in resporsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insured! CiTY. itr elected officials, officers and employees. Policies under paragraphs 8. (a) and (b) 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 officiais, officers and employees; (2) the policies are primary and noncontribe.ing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materialiy changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance CONSULTANT may effect for its own account insurance not required under this Agreement. 9 Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and -B-CL ��T attorneys' fees, in any manner arising out of any negligent or intentional or willful acts or omissions of the CONSULTANT to the performance of this Ip, 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 r or obligation of performance hereunder shall be made, either in whole or in v t' part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSUL-ANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fees: In the event arty legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing yd-ty in said legal proceeding shall be entitled tc recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable 14 Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between are parties with respect to the subject latter 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. /as IN WITNESS WHEREOF, the parties hereto havit executed this Agreement as of the day and year first set forth above: 1- CONSULJA - BSI Consultants- Tnc- k. Date: �Cy�Szm r CITY OF RANCHO CUCANCNGA .r enn s .. u Date: Mayor x Recommended for Approval use City EnBineer9u re ATTEST: Beverly u e Citj Clerk IO na z: Approved as to form. City orney EXHIBIT "A" GO CONSULTANTS, INC. Consuaants to Grnvmmenta: Agenvc August ♦, 1988 Mr. James T. Harris Associate Civil Engineer City of Rancho Cucamonga 9320 -C Base Line Road Rancho Cucamonga, Califorria 91730 SUBJECT: PROPOSAL FOR STREET LIGHT INVENTORY Dear Hr. Harris: Pursuant to your request during the meeting of July 2o, 19ca, BSI CONSULTANTS, INC. is pleased to submit this proposal to prepare a street Light Inventory throughout the City of Rancho Cucamonga. The information contained hersin responds directly to the City's concerns and excludes other unnecessary information. INTRODUCTION The City of Rancho Cucamonga has identified a need to fully evaluate the location and condition of existing street lights and safety lights throughout the City. In addition to their loca- tion, other parameters defining the nature of each light is necessary. These includo the type of pole used at each location, the sie and type of the illuminating sour ", orientation of the head (if non - standard), underground circuits, and other informa- tion necessary to define each street light and safety light. Briefly, we anticipate that the development of the street light inventory will involve two basic steps. The first step includes a meeting with City Staff to fully define and review all aspects of the project and obtain a set of 100 scale City property line maps. Once those base maps are available the field inventory and verification will be accomplished. once the lighting data is collected, the information will be input into a PC computer with onn field being the unique iden- tification nuraber. This data will later be transferred to the City on either mag tape cr diskette for integration into the City's Prime mini system. The following provides more details as to our intended scope of work. 7 1415 East 17th Street • Same Ana California 92701 . (714) 558.1952 • FAX (714) 543.7473 Mr. James T. Harris City of Rancho Cucamonga PROPOSAL FOR STREET LIGHT INVENTORY August 4, 1988 Page 2 SCOPE or *oRx TASK 1: scoping Meeting The first task in any project that BSI CONSULTANTS, INC. under- takes always involves a coordination meeting with the City. In this manner, the source of all available data in the City's possession can bs identified and reviewed ac indicated in Task 2 below. In addition, the intended date collection efforts of BSI can be reviewed as well as discussions and verification of City goals and objectives. This meeting will also nerve to identify/ verify those City personnel with whom we will coordinate as the project e4vances. Also, at this meeting BSI will acquire, from City Staff, a set of loo scale property line maps generated by the Citlr's mapping system. Theno maps will form the base for platting the locations and codes for the street and safety lights. He feel that continued coordination with the City is ossantial in any project. Using that mechanism, the City will be informed as to our progress at least once a week - either in writing or via the telephone. TASK 2: Pield Data Collection In this task our research will be directed to the identification and verification of existing street and safety light locations to fully identify all of the parameters of each. Those parameters will at a minimum include the location of the pole, the type of pole on which the light is situated, the Lype and the wattage of the luminairo. The luminaire type and wattage will be noted for all lights that are identifiable from the street. It is our understanding, that the City will complete the luminaire idon- tification process for those lights we can not identify from the street. Each street or vafety light will be noted on the base maps using a legend and assigned a unique identification number. pacifies about the light will b ,; a ncted on field data sheets and keyed to the map number and unique identification number. Since one of the goals of an inventory necessarily includes informatior as to existing deficiencies, we feel that an evening survey is needed to identify such deficiencies and therefore, our cost proposal includes this element which can be performed with the data collection effort. Mr. James T. Harris City of Rancho Cucamonga PROPOSAL FOR STREET LIGHT IVVENTORY August 4, 1988 Page 3 TASK 3: Computer Data Input The street and safety lighting data collected will be input into insuring othat er ne fi ld ein_cludes etha unique lights identification number. This data will later be transferred to the City's Prime mini. PROFESSIONAL FEES HSI CONSULTANTS, INC. proposes to prepare the City's Street Light Inventory for a total lump sun fee amount of $13,436. Invoices, for the above referenced work, will be submitted monthly based on Percent of project completion. A fee schedule for Phase I work is attached for your review. The various breakdowns for time allocation percentages and costs per tasks hays been identified below. ESTIILITED PROD '-Cr COSTS Mileage $300 TOTAL COST ESTIMATE $13,476 Pernonnel xev PH a Project Manager PE - project Engineer TA a Technical Aide CL - Clerical /1=�-9 PERSONNEL /RATE HOURS TASK /DESCRIPTION PH $76 PE $52 TA $34 CL PER $30 TASK COST 1 Project Scuping 6 6 2 Data collection 12 40 80 80 12 $768 3 Computer System Data Input 8 24 212 $8.112 - 8o 112 $1,256 SUB -TOTAL (Labor) 26 70 80 lfo 336 $13,136 DIRECT COSTS Mileage $300 TOTAL COST ESTIMATE $13,476 Pernonnel xev PH a Project Manager PE - project Engineer TA a Technical Aide CL - Clerical /1=�-9 Mr. asses T. morris City of Rancho Cucasonga PROPOSAL PDX BTRERT LIGM I3gV13MRr August 4, 1988 Page 4 F.L*t q . BSI CONSULTANTS, INC. would be prepared to begin immediately upon Notice to Proceed. From that point, we anticipate that 4 to 8 Weeks would be required to complete the project. Needless to any, BSI CONSULTANTS, INC, appreciates the oppor- tunity to present this proposal and looks forward to again working with the City of Rancho Cucamonga. in' the meantime, should you have any questions relative to our proposed scope of work, schedule, or professional fees, please do not hesitate to call either Mr. HiltJn or as directly at (714) 5581952. lsincerely, William E. Strecker, P.E. Vice President Civil Division 1Lnager stlight.pro /30 BSS CONSULTANTS, INC 9CHED111E aE NOCRA v nTES APril, 4988 Senior Principal consultant 0 Principal Consultant $145.00 P.xpert Testimony 115.00 Principal Engineer 136.00 Senior Project Manager 95 00 Project Manager 90.00 Senior civil Engineer 82.00 Civil Engineer 82.00 Civil Engineering Associate 76 00 Design Engineer 72.00 Senior Traffic Engineer 62.00 Registered - Traffic Engineer 80 00 Traffic Engineering g Associate 6.00 Traffic Engineering g Assistant 2.00 Senior Right -of -Hay Agent 52 00 Right -of -Hay Agent 76.00 Senior Plan checker 58.00 Plan Checker 67.00 Senior Designer 58.00 Designer 67.00 Staff Engineer 58.00 senio? Draftsperson 55.00 Draftsperson 50.00 Technical Aide 46.00 Senior Construction Inspector 34.00 Construction Inspector 58 00 Registered Landscape Architect 49.00 Associate Landscape Architect 76 00 Assistant Landscape architect 65.00 Landscape Senior Inspectcr 58.00 Senior Plan Check Landscape Checker 58.00 Landscape Plan Checker 65 00 � aiww 58.00 Page I r3i BSI M116 4/88 CLASSIFICATIO Landscape Advisor 65.00 Landscape Construction Inspector 49.00 Building official 82.00 senior Building Plan check engineer 78.00 Building Plan Check Engineer 68 c0 Building Plan checker 62.00 Senior Building Construction Inspector 58.00 Buildi_g Construction Inspector 49.00 Licensed Land Surveyor 76.00 Party Chief - 2- Person Survey Crew 142 00 Party Chief. - 3- Person Survey Crew 170 00 Supervising Land Surveyor 72.00 Senior Survey Analyst 67.00 Survey Analyst 58 00 Survey Technician 52 Jo senior Systems Engineer 82.00 Systems Engineer 76.00 Senior Data Base Administrator 82.06 Data Base Administrator 76 00 AM /FM Operator 96.00 CADD Operator 75 00 Senior Programmer 65 00 Programmer 50 00 Senior Training Specialist 68.00 Training Specialist 43.OV Hord Processor ,q ',„ clerical ,o rio Out -of- pocket expenses (blueprinting, reproduct!,,n, ant printing) will be invoiced at cost plus 153. A 15% fee "or administration, coordination and handling will be added subcontracted services. Mileage will be invoiced at $0.31 per mile. The Schedule of Hourly Rates is effective through March 31, 1989. Rates may be adjusted after this date to compensato for labor cost adjustments and other increases due to inflationary trends. Page 2 / \ BSI M116 4/88 im CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Monte Presnher, Public Works Engineer SUBJECT: Approve CiMtract Change Order Number 1, via Carrillo Drive T ,orovemert Project, Southwest Cucamonga, for the amount of $11,924.00, $5,674.00 to be funded from CDBG fund, Account No. 28- 4333 -8704, and N13,250.00 to be funded from utility deposits. RECOMMENDATIGN: It is rec00118ended L%;t City Council approve and authorize the City Engineer to execute Contrcct Change Ordar Number 1, to Laird Construction Company for the Via Carrillo Drive Improvement Project, in the estimated amount of $18,924.00 and authorize the Administrative Services Director to exppand the additional amount of $5,674.00 from CDBG Funds, Account No. 28- 4333 -8704, and $13,250.00 from Utility Deposits. BACKGROUND /ANALYSIS: After design and advertising of the subject project, Southern California Gas Company and Cucamonga County Water District elected to replace their underground facilities prior to the City starting its project. The original design indicated a 0.10 foot asphalt concrete cap or overlay of the existing pavement. After the utilities completed their work, an overlay was no longer a viable option due to the deterioration of the existing pavement, resulting from construction equipment and existing and new trench pavement cuts. In order to produce a acceptable structural section eonslderable pavement removal and replacement will be necessary. Several options of addressing the matter were considered. It was determined that pulverizing all the existing pavemant in place and using it as a sub -base and placing new pavement would be the most economical approach and produce an optimum product. The contractor submitted a proposal which was reviewed by staff and after scme adjustments found to be acceptable. The contractor proposes to 133 ; 9 CITY COUNCIL STAFF REPORT VIA CARRILLO DR. CHANGE OFJER NO. 1 NOVEMBER 2, 1988' PAGE 2 pulverize t5e existing pavement, cake finish grade and provide proper coopaction for $5,174.00 (39,800 sq. ft 0 $.13 per sq. ft.) and adjust bid item 12, Crushed Base, from 524.78 a ton to $14.65 per ton. The crushed base was originally intended to be placed between the new curb and existing pavement which required considerable hand work. Under this change order the base will be used to make finish grade where required, and would be placed by equipment. An additional 350 tons of A.C. at contract unit price of $39.28 per ton ($1,375.00) would also be required. Prior to the utility company replacing their existing pipelines in anticipation of the City's project, staff has collected contributions for pavement repairs from the utilities 4n lieu of making repairs that would have been required had the City not had a project. It should be noted that, as in this case, the City participated in the cost of street repairs with the utilities in an effort to encourage the utilities to make their facility repairs prior to the Cities project. These contributions ($5,250.00 gas and $8,900.00 water) will be used towards the cost of the additional work required. Resner submitted, r RFM: /311 -- CITY OF RANCHO CUCAMONGA S'T'AFF REPORT s'. DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Release of Improvement Agreement, and Improvement Security submitted by the William Lyon Company, and approved by Council on December 16, 1987, and approval of Improvement Agreement and Tractv13442. located submitted theeVictoriaM� nied Communi Lode, for northwest corner of Victoria Park Lane and Kenyon Way �' on thr REOIME"TION It is recommended that the City Coum:11 adopt the attached resolution releasing the Improvement Agreement and Surety submitted by the William Lyon Company, and accepting tM, subject agreement and security submitted by Baywead Homes - Victoria, and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS /BACKGROUND Tract 13442, located on the northwest caner of Victoria Park Lane and Kenyon Way, was approved by the City Council on December 16, 1987. Bonds were submitted by the William Lyon Company and accepted by Council. The William Lyon Company 1s requesting the release of their agreement and surety and the acceptance of the agreement and surety submitted by Baywood Homes •• Victoria, to guarantee the construction amounts: of the off -site improvements in tha following Faithful Performance Bond: $612,000.00 Labor and Material Bond: $306,000.00 Monumentation Bond: ; 10,000 00 Copies of the agreement and security are available in the City Clerk's Office. Respec ty ;uh fitted, Rlei:lm�1��'� Attachments /3S RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'Ib1NCH0 CUCAMONGA. CALIFORNIA, RELEASING PREVIOUSLY APPROVED IMPROVEMENT AGRE.rJENT,- AM IMPROVEMENT SECURITY, AND APPROVING NEW IMPROVEMENT AGREEMENT AND SECURITY FOR TRACT N0. 13442, WHEREAS, Tract No 13442, consisting of 152 lots, submitted by tha Witham Lyon Corgany, Subdivider, located-on the northwest'corner of Victoria Park Lane and Kenyon, Way was approved by City Council on December 16, 1587. The new owner, Baywood Homes - Y1ictoria, "has requested the releite of the agreement and se:urity approved by Council cn December 16, 1987, and the approval of the agreement and security submitted by Baywood Homes - Victorla. NOW, THEREFORE, THE CITY COUNCIL OF Tr'.E CITY OF FANCHO CUCAWNGA, HEREBY RESOLVES as follows: 1. That said Iaprovexnt Agreement be and the some is and ai City andathe CitydC erkxisuu saw authorized to attest thereto; and 2. That said Improvement Security is accepted as. good and sufficient, subJect to approval as to foss and content thereof by the City Attornoy; and 3. That said Improvewnt Agreement and Security accepted by Council on May 20, 1987, 1s hereby releas -W. /3,6 CiTY OF RANCHO CUCAAIONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROH: Russell H. Maguire, City Engineer BY: Mike Long, Senior Public Uorks Inspector SUBJECT: Acaipt the Archibald Avenue Sidewalk3 Phase II Improvement Pro3xt from 6th Street to Foothill Boulevard as complete, release bonds and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $39,788.85. RECO WNBATION: It is recommended that the City Council accept the Archibald Avenue Sidewalks Phase II Improvement Project as complete, authorize the city Engineer to file a 'Notice of Completion', and authorize the release of the Faithful Performance Bond in the amount Of $37,650.50 and &crept the 10% Maintenance Bond in the amount of $3,977.89 for one year, and authorize the release of the retention in the amount of $3,977.89 and the Labor and Materials Bond in the amount of $18,825.25, 35 days after the recnrdation of said notice if ro claims have been received. Also, approve the final contract amount of $39,788.85. Background /Analysis The subject project has been completed in accordance with the approved Plans and specifications and to the satisfaction of the City Engineer. The final contract amount is $39,788.85 which includes I minor change order for A.C. paving, drive approach removal and additional chain link fence. Res ubmitted, RHM:MO . cc: Purchasing 132 Y EL V n �t RESOLUTION N0, P• A RESOLUTION OF'TIIE'CITY COUKCIL OF THE CITY OF'RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ARCHIBALD AVENUE SlrzN,1LKS FROM 6TH STREET TO - FOOTHILL BOULEVARD AND „+:THORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK SidevalksNfro 66th�StreetstouFc'oothill Boulevardhave been coop etedbtodtheenue satisfaction of the City,Engineor; and WHEREAS, a Notice of Completion is required to be filed, certifying the work cosplete. hereby resol!es,IEthatRthetwwoorkiis hereby laOf theedCity of Rancho ECI neets San Bernardino County. gi authorized in sign and file a Notice of Completion with the County Recorder of /3& I■�asi CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Works InspectonZE9i<,"— SUBJECT: Release of Bonds and Notice of Completion RECOMENDATION: The required street improvements for Parcel Map 7646 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of $2,600. Background /Analysis Parcel Map 1646 - located on the south side of Hillside Road, west of Beryl Street Release: DEVELOPER: Dominic Brucato 8865 Hillside Rozd Rancho Cucamonga, CA 91701 Faithful Performance Bond (Street) $2,800 Respectfu submitted, c V, RHM: .. Attachment 13/ t V RESOLUTION Ito• A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO r CUCAMONGA. CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCCC MAP 7646 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK ` WHEREAS, the construction of public improvements for Parcel Map 7646 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, the City Council of the City of Rancho Cucamonga hereby resolves, 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 fi San Bernardino Countyy. r^ /V-0 -0 — CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Mansger FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Yorks Inspector�r SUBJECT: Release of Bonds and Hotice of Completion RECONNUDATION: The required street improvements for CUP 85 -17 have been completed in an acceptable manner and it is recotmended that City Council accceep: said ad authorize the City Clerk to mlase the FaithfulbPerform n e BonAitn the amount of $18,000.00. Background /Analysis CUP 05 -17 - located on the south side of Base Line Road east of Nervosa Avenue DEVELOPER: For Kids Only, Ltd. 600 North Haven Avenue, 1430 Ontario, CA 91764 Release: Faithful Performance Bond (Street) $18,000.00 Res' f subcitted, c RHM.S Attachment !/ RESOLUTION No. 99 - � � d UT CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP SS -17 AUO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK P WHEREAS, the construction of public 1 rovements for CUP 85 -17 have been completed to the satisfaction of the City Engfnear; and WHEREAS, a Notice of Completion is regalred to be filed, certifying the work complete. hereby resolves, the work Is herebylaccepted Of the Cand the RCity Engineer Cucamonga authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. l M CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: City Council and City Manager FM4: Russell H. Maguire , City Engineer BY: Steve N. Gilliland, Public Works Inspector SUBJECT: Release of Bonds and Notice of Completion RECOMN90TIG1: The required improvements for Tract 13022 Storm Drain Improvements have been completed in an acceptable manner and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of $92 500, 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 $925,000 Background /Analysis Tract 13022 Storm Drain Improvements - located on the west side of Milliken Avenue south of Victoria Park Lane DEVELOPER: William Lyon Company 8540 Archibald Avenue, Suite D Rancho Cucamonga, SA 91730 Accept: Maintenance Guarantee Bond (Storm Drain Improvements) S 92,500 Release: Faithful Performance Bond (Storm Drain Improvements) $925,000 Respectfull '. submitted, / RHM:S Attachment /YJ RESOLUTION NO. S d - 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING TiLE PUBLIC IMPROVEMENTS FOR TRACT 13022 STORM DRAIN 1WROvEMENTS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NOW the Storm DrainEIm�pro,veemeentsnhavecbeen completed to theesstlsfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the wnrk complete. y NON, THEREFORE, the City Council of the City of Rancho Cucmwga authorl ed toesignhand the lea Notice ofyrmlettanawithhtheiCountYlRecor dies r of San Bernardino County. / y(/ 19 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BT: Steve M. Gilliland, Public Works Inspector<S,Qr SUBJECT: Release of bonds and Noti,a of Completion RECON EIWTIOM: The required stree+ Improvements for Tract 11793 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of 524,800.08, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance 6Bond in the amount of $248,000.00. Background /Analysis Tract 11793 - located on the east side of Amethyst Street between Highland Avenue and Lemon Avenue. DEVELOPER: Pennfield Development 899 Production Place Newport Beach, CA 92663 Accept: Maintenance Guarantee Bond (Street) S24,8C0.00 Release: Faithful Performance Bond (Street) $248,000.00 Respectfullv submittea, RHM. MG: Attachment / / J RESOLUTION N0. FS (0(o '� A RESOLUTION OF THE CITY COMIL OF TIIE CITY OF RANCHO �ICp7FDIAHOIZIG E C EIFORT1193A AUTHORNTH FILING OF A NOTICE OF COMPLETION FOR THE WORX WHEREAS, the construction of public Improvements for Tract 11793 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. hereby resolves, the work herebylacepted0and the City Engincargis authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. I�� i V CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: Mayor and Hdabers of the City Council FROM: Brad Buller, City Planner BY: Richard L. Alcorn SUBJECT: RELEASE OF CASH DEPOSIT RECOMMENDATION: Work for the following tracts has been completed and the cash deposits fn �fFia total amount of $7,500.00 are hereby recommended by the Planning Division to be released to: city BB ns ��7 AMOUNT OF TRACT NO. UI])OSIT PURPOSE DEVELOPER 12772 $2,500.00 Model Hare M B S Residential Sales Office Development 11793 $2,500.00 Model Hone Pennfield Development Sales Office 11997 $2,500.00 Model Home NorZ!c Development Co. Sales Office city BB ns ��7 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 25, 1988 TOC City Council and City Manager 11tom: Duane A. Baker, Administratr_ve Assistan��t�: HUBJBCri CONSIDERATION OF DROUGHT ABSOLUTION RHCOMMENDATION ra 1977 It is recommended that the City Council approve the attached resolution declaring the City's support of a voloatary drought conservation program with a goal of reducing vater consumption by 102 and as a result reducing the risk and severity of present and future water shortages. BACKGROUND The Metropolitan Water District of Southern California has requo d the City to adopt a resolution which would acknowledge that Southern California is facing a severe drought and that certain measures need to be encouraged in order to help alleviate the current water shortage problems. Metropolitan Water District (MWD) indicates that Calif: is now in the second year of a severe drought with soma water levels at 501 ..aloe normal or less. Moreover, WD stresses that should the drought enter a third year in 1989, Southern California may face drastic shortages and be placed in a state of required water conservation measures. The Water District requests that the City adopt a resolution of support for water conservation and further requesting Rancho Cucamonga citizen's cooperative efforts ra reducing water demands by 102. As a result of this request, the attached resolution has been prepared. This resolution authorizes the City to implement a voluntary Drought Conservation Program, with a goal of reducing water use by 102 in order to reduce the risk and severity of water shortages should the current drought continue The resolution also urges residents of Rancho Cucamonga to take appropriate actions to conserve vatur (i.e., adjust sprinklers and irrigation system, use water during the off-hour periods of each day, and generally use water wisely) and also urges the City's and other local ugenctes' participation in conserving water. The resolution stresses that a phased program beginning with voluntary measures to reduce consumption will beat /U8 Consideration of Drought Resolution October 25, 1988 _ Page Two achieve the goal of conserving the water supply vitb%ut e.:using unnecessary adverse economic consequences. Rowsver, if voluntary measures do nor achieve ' the goal of a 1OS reduction in water uce, or if a drought condition is declared by the State of California, tho City shell consider the adoption of a mandatory water conservation program. .. Again, the Metropolitan Water District requests the City Council's adoption of the attached resolution. Should you have any questions or comments regarding this issue, please feel free to contact me. DAB: jle attachment 88.452 61. r BEVERLY CCWID BCVCR LY E. HpAOCN CUCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL 9641 uM arRNA8D6 NO RD . cVUUONOA caur 917300118 • RD rot 031 . ♦.a� aal]98. A. CHARLES A. WEST GEORGE A. KUYKENDALL ROBERT NEUFELD. JEROME M. WLLGON August 17, 1988 REGEIVED, CITY OF AtiCH PF°CA,OhCA AUG 2 21988 Dennis L Stout, Mayor k4 rP4 City of Rancho cucamonga itAt41tDJ1tTl t�2i3,4'.,8 P.O. Box 807 8 Rancho Cucamonga, CA 91730 Dear Mayor Stouts In response to -tour letter of July 12, 1988 which was received on July 21, 1988, our District, as the purveyor of water within our area which also includes the City of Rancho Cucamonga, has adopted attached Resolution No 198a -8 -8 supporting the Metropolitan Water District of Southern California in the attempt to achieve a voluntary reduction of water usage in Southern California by 10 percet,t For the past two years, the natural flow of wa.er within the State has been 50 percent or 1 s of normal. if we should have a third vear of below normal rainfall and subsequent snowpack, -,ur State will have a severe shortage of water, thus affecting the amount that the Metropolitan Water District of Southern California can deliver to Southerr California Our District has been very fortunate in meeting its demands due to our local sources of supply, but the Cucamonga Basin groundwater levels have severely declined over the past three years, which has necessitated a larger demand for supplemental water from the Metropolitan Water District The Distri-t's new Eastside Water Treatment Plant, with 30 MGD capacity, is scheduled to start delivering water by June 1, 1989 This plant will be 100 percent dependant on State project water If there is a curtailmert of this supplemental water due to predicted shortages in 1989, there could be some mandatory restrictions of water usage. We do not anticipate nny serious problems at this time, but the voluntary reduction /5D Dennis L. Stout, Mayor P, August It, 1988 Page 2 p3 of 10 percent will at least alert the public to the fact that conservation in the use of our water supplies must bAcome a priority. The City of Rancho Cu a- ,onod, in their planning of parks, landscaping requirements, etc., can assist in efforts 4 toward water conservation. If the City would consider a resolution supporting the .�. Cucamonga County Water District in its desire for the public to voluntarily conserve 10 percent :n their total water �. consu,aption, it would add to the ireportance for the need to conserve water. If the State •ioea suffer further shortages of water in 1989, it would help prepare the public for pcssible curtailment of some normal water usage. Yours truly, r CUCAMONGGA COUNTY WATER DISTRICT '� d c •e General Ma,.ager a LWMtjs i Attachment 9, RESOLUTION NO. 1988 -8 -8 nESOLUTION OF THE CUCA.90NGA COUNTY WATER. DISTRICT ADOP%NG A PR0GR.1M OF VOLUNTARY WATER CONSERVATION TO REDUCE WATER CONSUMPTION BY TEN PeRCENT WHEREAS, because of inadequate rainfall, the Stata Department of Water Resources declared 1981 to be a dry year, and 1988 a critically dry year, and only the existence of water in storage has prevented the declaration of a drought year, which may nevertheless be subsequently declare9 if stored water falls below a critical levels and WHEREAS, precipitation for the current water year has been substantially below norral, particularly in the .acersheds of the imported water supplies serving Southe-n California, and many communities in the State will suffer water shortages; and WHEREAS, the Governor of the State of California has asted all Californians Li ronscrve water on a voluntary basis; and WHEREAS, the Metropolitan Water Dirtrict of Southern California (Metropolitan), in recognition of the critical water conditions existing in the State, is considering curtailment of agricultural water deliveries in 1489; and WSER.EAS, in recognition of the critical water conditions existing in the State, Metropolitan's Board of Directors approved a Resolution on the California Drought (Resolution) on May 9, 1903; and WHEREAS, the Resolution requests every .later supplier in Metropolitan's service area to alert its custr.ers to the necessity and means of saving water and to carefully monitor water uses to prevent waste; and WHEREAS, the Resolution further requests every water supplier in Metropolitan's service area to develop and implement specific water conservation measures with a goal of reducing water used by 10 percent; and WHEREAS, the Cucamonga County Water District is a water supplier in the Metropolitan service area; and WHEREAS, the Cucamonga County Water District has the power and authority to adopt water conservation neasures within its District's boundaries; /5D jn NOW, TBEP.EPORE, BE IT RESOLVED, that the District is to implement a voluntary drought conservation program, with a •• goal of reducing water use by 10 percent, to reduce the risk and oeierity of water shortages should the drought continue in 1989, and i BE IT PORTBER RESOLVED, that the Cucamonga County Water District will, a 1 b. , I c. d e Audit its landscape irrigation systems to maximize irrigation efficiency; adjust sprinklers and irrigation systems to avoid overspray, runoff and waste; Not irrigate its landscape during the early morning and early evening peak hours, and avoid watering on windy days; Minimize water used to flash sewers or hydrants; Shut off decorative fountains unless a water recycling system is used; Not hose down driveways, sidewalks and other paved surfaces, except for health or sanitary reasons; f Retrofit plumbing fixtures with low-flow devices except for those fixtures that require high -flow for health or sanitary reasons; g Check faucets, toilets and pipes, both indoor and outdoor, for leaks and repair them immediately BE IT PURTBER RESOLVED, that the Cucamonga County Water District urges its customers to: I Adjust sprinklers and irrigation systems to avoid overspray, runoff and waste; b Avoid watering .luring early morning and early evening peak hours, and avoid watering on windy days; c Install new landscaping, low- water -using trees and plants and efficient irrigation systems; d Shut off decorative fountains unless a water recycling systan is used, except for health or sanitary :easons; e Not hcYec down driveways, sidewalks and other paved surfaces, cecept for health or aanitary -2- /.5 3 i reasona; f. Where possible, install pool and spa covers to minimize water loss due to evaporations g. Not allow the hose to run while washing the car, and to use a bucket or a hose with an automatic cutoff valve; h Retrofit indoor plumbing fixtures with low -flow devices. I. Check faucets, toilets and pipes, both Indoor and outdoor, for leake and repair immediately. g BE IT FURTHER RESOLVED, that the Cucamonga County Water District requests that; a. Parks, schools and golf courses not water during the hot hours of the day, during the morning and evening peak hours and on windy days; b. Restaurants, or other public places where food is served, not serve drinking water to any customer unless expressly requested. BE IT FURTHER RESOLVED, that the Cucamonga County Water District finds that a phased program, beginning with voluntary measures to reduce consumption, will best achieve the goal of conserving the water supply without causing unnecessary adverse economic consequences; and BE IT FURTHER RESOLVED, that if voluntary measures do not achieve the goal of a 10 percent reduction in water use, or if a drought condition is declared by the State of California, the Cucamonga County Water District will consider the adoption of a mandatory water conservation progr..a. The staff and legal counsel are directed to prepare such a program for the Cucamonga County Water District for consideration. Robert Neu d President ATTEST: r oyd W.,181cliael Secretary STATE OF CALIFORNIA I ) as. COUNTY OF SAN BERNARDINO ) � I, LLOYD W. MICHAEL, Secretary of the Board o° r� Directors of Cucamonga County Water District, DO HEREBY CERTIFY that the foregoing is a full, tree and correct copy of Resolution No. 1968 -8 -8 of the Board of Directors of Cucamonga County Water District, adopted at a regular meeting of said Board held on the 16th day of Auoust , 1988, and that it was so adopted by the following votes (SEAL) AYES: Directors Neufcld, Braden, West, Ruykendall, Wilson NOES3 Directors None ABSENTi Directors None r � Mic sec ry Cucamonga County Water District and the Board of Directors thereof 1�5 i NI ary OF RANCHO CUCAMONUA roam. s,. sm. s_a. O� � tn». n14)sMuSI Oaks Of Ifs starer Dmnls i. Stur1 July 12, 1988 Mr, Lloyd Michael, Director Cucac ,& County Wafer District Post Office Box 638 Rancho Cucamongc, CA 91730 Deu Mr. Michaels The Metropolitan Water District of Southern California has requested the City of Rancho Cucamonga to adopt a resolution which would acknowledge that southern California is facing a sever& drought and that certain measure* need to be encouraged in order to help alleviate tho current water shortage problems. Metropolitan Water District (MWD) indicates that California is now in the second year of a severe drought with some water levels at SOt below normal or less. Horeover, HWD stresses that should the drought enter a third year in 1989, southern California may facr drastic shortages and be placed in a state of required water conservation measures. The Water District requests that the Citv adopt a resolution of support for water conservation and further requests Rancho Cucamonga citizens' cooperative efforts in reducing water demands by 102. The proposed resolution would stress that a phased program beginning with voluntary measures to reduce consumption will best achieve the goal of conserving the avatar supply without causing unnecessary adverse economic consequences. However, if voluntary measures do not achieve the goal of a 102 reduction in water use, or if a drought condition is declared by the State of California, the City may consider the adoption of maudstory water conservation program. 1,15-4 �. Mr. Lloyd Michael Cucamonga County Water District Page Two The City requests the Cucamonga County Water District's (CCWD) input into the validity of such a resolution and voluntary water consumption program as outlined by MWD. The City Council would like to pursue this matter with the input and support of CCWD. I have attached additional inforuation the City received from MWD regarding this voluntary water conservation program. I look forward to receiving your comeents soon. DLS :jls attachment ec: Lauren Wasserman ,<Maik• viii"r.'a City Council 088 -468 neeraly� D naffs L. Stout Mayor /E/ .i i1/K'D UMMOLM WAU W37A/CT OF SO(/T MY CVfONNIA June 9, 1988 Ms. Lauren M. Wasserman City Manager City of Rancho Cucamonga 9320 -C Baseline P.O. Box 807 Rancho Cucamonga, California 91730 Dear Ms. Wasserman: Drouaht Resolution by the City of Rancho Cucamonga I am writing to ask for your assistance on a matter of great significance to our region and our State. California is now in the second year of a severe drought. watersheds across the State are critically dry, with streamflows at 50 percent of normal levels or less. By the end of the summer, reservoirs will be dongr.rously low in many watersheds. Should the drought enter a third year in 1989, our region may face shortages on the order of 500,000 acre -feet, or enough water to serve 2.5 million people. By working together, we can provide an orderly and effective response to the drought. On May 9, 1988, our Board of Directors adopted its DROUGHT 188 Action Plan. Throughout the summer and fall, Metropolitan will take actions to conserve all available water supplies and will mount a high profile media campaign urging everyone -- government, industry, farmers, and homeowners - -to reduce their water demands by ten (10) percent. As part of the drought plan, our Board also adopted Resolution. 8195, which "urges counties, cities, water retailers, and other appropriate jurisdictions .. to develop and implement specific water conservation measures with a goal of reducing water use by ten (10) percent...... A copy of that resolution is attached we are requesting that you suppurt our goal of reducing water demands by ten (10) percent. To assist you in this effort we have also attached a sample resolution which can be adopted by your city. As you act on the resolution, we encourage you to make changes as needed to fit your own local needs. / 4! The Afesopolitan Water Dif ctofSouthem Califamla Ms. Lauren M. Wasserman. -2- June 9, 1988 v: We have been asked about mandatory measures. Several cities have adopted or are considering ordinances which would ban all waste of water. Should the drought enter a third year In 1989, mandatory measures may be required. We have included examples of ordinances for your reference, if you wish to start considering such measures at this time. I thank you in advance for your tf.y's support. Please direct any questions you may have to Mr, bi Thornhill, Metropolitan's Water Conservation Manager, at (213) 250 -6568 or Dr. Wiley Horne at (213) 250 -6217. very truly yours, Carl Boronkay - General Manager KMH /ajs /atr Enclosures �J / RESOLUTION NO. 88- 1�z A RESOLUTION OF THE CITY COUNCIL OF 181 CITY Of RANCHO CUCAMDMA. CALIFORNIA, ADOPTIMA A PROGRAM 01 VOLUIMABY WATER CONSERVATION TO REDUCE WATER CONSUMPTION BY TER PERCENT WHEREAS, beceusa of inadequate rainfall, the State Departmett of Mater Resources declared 1987 to be a dry year, and 1988 a critically dry year, and only the existence of voter in storage bas prevented the declaration of a drought year, which may nevertheless be subsequently declared if stored rater falls below a critical levels acd WHEREAS, precipitation for the current water year has been substantially below normal. particularly in the watersheds of the imported rater cuppliea serving Southern California, and many communities in the State will suffer rater shortages: and VHERZAS, the Governor of the State of California bat asked all Californians to conserve water on a voluntary basisl and WHEREAS, the Metropolitan Water District of Southern California (Metropolitan), in recognition of tLe critical water conditions existing in the State, is considering curtailment of agricultural water deliveries in 19891 and WHEREAS, in recognition of the critical water conditions existing in the State. Pwtropolitan's Board of Directors approved a Resolution on the California Drought (Resolution) on May 9, 19881 and WHEREAS, the Resolution requests every water supplier in Metropolitan's service area to alert its customers to the necessity and mean► of saving water and to carefully monitor water uses to prevent wastes and WMEAC, the Resolution further requests every water supplier in Metropolitan's service area to develop and implement specific voter conservation measures with a goal of reducing rater use by 10 percent: and uuwavlS. the City of Rancho Cucamonga is a rater supplier in Metropolitan's unite area: and WHEREAS, the City of Rancho Cur »monga has the power and authority to adopt voter conservation measures within its city's boundaries. NOD. 'THEREFORE, EE IT RESOLVED that the Mayor of Rancho Cucamonga is authorized to implement a voluntary drought conservation program, with a goal of reducing voter use by 10 percent, to reduce the risk and severity of water shortages should the drought continue in 19891 and /�,v Resolution No. 88-aas Page 2 BE IT PORIHER RESOLVED the City of Rancho Cucamonga will$ a. Audit its landscape irrigation aystems to maximise irrigation efficiency; adjust sprinklers and irrigation system to avoid overspray, runoff and wastes b. Not irrigate Ito landscape daring the hot hours of the day and /or during the morning and evening peak hours, and avoid watering on windy days; C. Minimise water tend to flush severs or bydrantos d. Shut off decorative fountains unless a water recycling symcm is used; e. Not hose down drivewsys, sidewalks and other paved surfaces. except for health or sanitary ressonai 1. Retrofit plumbing fixtures with low -flow t"Icex except for those fixtures tbot require high -flow fixtures for health or sanitary reasons; g. Check fagots. toilets, and pipes, both indoor and outdoor, for leaks and repair them immediately. BE IT VBRIHER RESOLVED the City of Rancho Oucamongs urges its customers tot that t a. Adjust sprinklers and irrigation systems to avoid oversproy, runoff end waste; b. Avoid watering in the hot part of the day and /or daring morning and evening peak hours, and avoid watering on windy days; C. Install new landscaping, low-water -using trees and plants and efficient irrigation systems; d. ghat off decorative fountains "lava a water recycling system is used, except for health or ssnitacy reasons; e. Not bop down driveways, sidewalks and other paved surfaces. except for health or sanitary reasons; 1. Where possible, install pool and spa covers to minimize water lose due to evaporation; g. Not allow the bore to can while washing the car. and to use a bucket or a boat with an automatic cutoff valve; h. Retrofit indoor plumbing fixtures with for -flow deviceet g. Check faucete, toilets, and pipes, both indoor and outdoor, for leaka and repair them immediately. BE IT FURTHER RESOLVED that the City of Rancho Cucamongo requests e. Parks, schools and golf coaraoe not water during the hot hours of the day, during the morning and evening peak hours, and on windy days$ b. Restaurants, or other public places where food in served, not serve drinking water to any customer unleaa expressly requested. BE IT FURISCR RESOLVED that the City of 2Ancbo Cucamonga finds that a phoned program beginning with voluntary measures to reduce consmption will best acbieve the 9061 of conserving the water supply without causing unnecessary adverse economic consequences; and v Resolution To. 88—e" page 3 BB I7 FORMER RESOLVED that if voluntary measures do not aebieee the goal of a ten percent reduction in water use. or if a drought condition is declared by the State of California. the City of Raneho Caceaeuga will consider the sdoptior .• a mandatory water conservation program. The staff and legal counsel are asreeted to prepare such a program for the City of Rancho Cucamonga for considetation. /� a ORDINANCE NO. 371 AN ORDINANCE OF SHE CITY ODUNCIL 0'/ THE CITY OF RANCHO CUCAMONiGA. CALIYORNIA, AMENDING TITLE P OF THE RA.YCaO Q)CAN3NO& MMCIPAL (ADE BY ADDING A NEW CR.IPTER 8.22 ENTITLED °PROHIBITION OF CHIAROELDOROCAREON PROCES= FOOD PACKAGING" A. Recitals. THE CITY ODUNCIL OF THE CITY Or RANCHO CUC HGA DOES HEREBY ORDAIN AS FCLLOWSi (i) Problems in disposing of solid wastandsa lack of governments- One landfills affect all parsons and all local, y em 6 significant source of solid vast* L discarded polystyrene foam food packaging. Manufacture of such packaging creates an additional, significant ewimumental problem in that chlorofluorocarbons are utilized in their production. (1i) Available scientific evidence indicataa a strong probability that the family of substances known as chlorofluoroctrbons degrade the earth's protective layer of ozone, when discharged into the atmosphere, allowing increased amounts of ultraviolet radiation to penetrate the atmosphere. This increase in ultra — violet radiation poses an ismadiate danger to human health, life and the environment. Available scientific evidaoce imdicatae the strong possibility that the resulting increase in ultraviolet radiation has contributed to, and will continue to ccntri)utc to, the incidence of akin cancer and other serious illnesses. (iii) One significant source of chlorofluorocarbons currently being released into the atmosphere is the manufacture of certain polystyrene foam food packaging product# which utilize chlorofluorocarbons as blowing agents. (iv) The people and the City of Rancho Cucamonga support state, federal and intewational policies banning all nonessential uses of chlorof luorccarbona. Until such policies became 1". responsible action to seduce the relosse of chlorofluorocarbons into the atmosphere, and to increase public awareness with respect to the potential harm caused by these •ubetcnces. must be undertaken at the local level. (v) It .a the intent of the City Council to reduce the amount of chlorofluorocarbon processed food packaging products purcbi ed and used by and within the City of Rancho Cucamonga, in order to reduce, to the greatest extent possible, the bealth hazards created by the release of chlorofluorocarbons into the atmosphere. Ordinance No. 371 Page 2 (vi) The City of Rancho Cucamonga supports and encourages voluntary waste redaction through the adoption of voluntary programs br food vendors as ■ mean# to achieve a fifty portent (5M) reduction in the use of non- , biodegradable and nnn-racyclable food packaging, and all other forms of food t' related Jitter, wbsrevor possible. B. Ordinance. 3 FOLLOWS: THE CITY COUNCIL OF THE CITY OF RANCHO COCAMNOA LOIS HEREBY ORDAIN AS SECTION it Title 8 of the Rancho Cuwon,a Nunicipcl Cade is hereby c "ended by the addition of a new Chapter 8.22 to rasa, in words and figures, as follows: "Chapter 8.22 "Pmbibition of Chlorofluorocarbom Processed Food Fotkaging eSectionst 8.22.010 Definitions, 8.22.020 CPC - procesed food packaging prohibited, 8.22.030 Penalties. 8.22.040 Civil remedies available. °8.22.010 Definitions, "A. 'CPC - processed food packaging' maws any and all food packaging which uses any chlorofluorocarbon as ■ blowing agent, or otherwise, in its manufacture. "8. 'Chlorofluorocacbons', or 'CFCs', are the Easily of chmi_al substances commonly referred to as such, and containing carbon, fluorine and chlorine, and having no hydrogen atoms and no double bonds. -C. 'Customer' mean# anyone purchasing food or beverage# from a restaurant or retail food vendor, n, `Food packaging' roans all bags, sacks. wrapping, bores, containers, bowls, plates, trays, carrots, cups. strove and lids which are not intended for re -use, on or in which any foods or beverages are placed or packaged on a restaurant's or retail food vendor's promises. "E 'Food vendor' means any restaurant or retail food vendor within the City of Rancho Cucamonga. Ordinance No. 371 Page 3 "P. 'Prepared food' means beverages and foods which are prepared on the vendor's premisas by cooking. . ..hopping, slicing, mixing, frosting. squeezing, or otherwise, and which require no further preparation to be consumed. Prepared food does not include stp raw mcooked meat product or fruits or vegetables which ate not chopped, aqueezad, mixed, or otherwise processed in acme fashion. rG. 'Restaurant' mamas any satsb'eiahnent located within the City of Reecho Cueamongs, selling pr.r:red food to be eaten on or about its premises by customers. 'Restaurant' includes sidewalk and all other outdoor food vendors. "H. 'Retail food vendor' aeana say store, shop, sales outlet, truck or other business including a grocery store or a delicatessen, othr a restaurant, 3�cated within the City of Rancho Cucamonga. which pre sells takeour food. "I. 'Supplier' seats anyone supplying food packaging to a rem or retail food vendor within the City of Rancho Cucamonga. "J. 'Takeout food' cans prepared foods or beverages requiring furthe, preparation to be consumed and which may be purchased In order to bL consumed off the retail food vendor's promises. "8.22.020 CPC - Prw:essod rood Packaging Prohibited. "A. Restaurants "1. Except as provided in sub - section D hereof, no reatsurant shall prom ids prepared food to its customers In ary CFC - processed food packaging, nor shall any restaurant purchase, obtain or keep say CPC - processed food packaging for such purpose. 02. As to any food packaging obtained after September 1, 1989, each restaurant shall obtain from each of its suppliers a written etatment signed by the supplier, or by an authorized agent of the supplier, ■toting that the supplier vdll supply no CPC - processed food packaging to Chet reatautaet, that the supplier will note on each invoica for food packaging supplied to that restaurant that the packaging covered by the invoice is not CPC - processed, and it shall further include the identity of the packaging'• manufacturer. "3 All contracts between reareurants and -uppliers thereto entered into after September 1, 1989, shall inch provisions that the supplier will supply no CPC - processed food packaging and that the supplier will truthfully state on each invoice for food packaging Supplied that said packaging is not CPC - protested and it shall further provide the identity of the Packaging's manufacturer. Failure to comply with such provisions shall constitute a material breach of the contract. l6� Ordinance No. 371 Page 4 "4. Raatauranta shall retain each supplier'o written statements referred to in sub - section 3, abort, for one year free the last data of receipt of any food Packaging fro& that ou2plier. "g. Retail food vendors "I, hcept as provided in sub- section D hereof, no ratan food vendor shall provide takeout food in any CPC - pcacassed food packaging, nor shall any retail f":1 vendor ort,CPC obtain or keep annkeout Cfond. Processed food packaging for the purpose of packaging 02. All retail food vendors shall aegrsga.•, in their warehouses or other storage areas, food packaging used in their takeout food oPerstions, from other food packaging which may be stored on the premises. All food packaging maintained on each retail food vendors promisee *ball be labeled with lwguage clearly indicating that CdCs have not been utilized in its manufacture. "3. All contracts for the purchase of takeout food packagicg entered into after January. 1, 1990, shall comply with the provisions Of Section 8.22.020 A.3. hereof. "C. Regulations applicable to all food vendors. 01. It cball be unlawful for any supplier to make any misstatement of material fa -t to any food vendor or to ary representative of the City of Rancho Cucamonga regardiug the use zr con -uee of CFCs in the manufacture of any food packaging nvpplied, or o be supplied, to any food vandvr in the City of Rascho Cucamonga, "2. Each food vendor shall file a statement at the time it renews its business license, truthfully declaring that it is in compliance with this Chapter. "3 All statements and documents required by this Chapter shall be made avallatle for inspection oy the City Manager or his or her designated representative. It shall be unlawful for "yore haling custody of such documents to fail or refuse to prodtce such documents upon request by the City Manager or his v her dasignsteA representative during normal business hours. "D. Exceptions "1. The r:ity Manager or his or bar avchorizad zepronentative may exempt a type of Packaging from tie requirements of this fhapter upon • showier{ satisfactory to the City tanager or his or her designee teat the Psc'uging bas no acceptable :oe -CFC- processed equivalent and that imposing the requirements bererf would cause undue hardship. Said documentation shall include, but is not limited to, n list of suppliers Lontacted to determine if nor. CPC - processed substitutes are available. 46 Ordinance No. 371 Page S "2. Food packaging required to be paid for or shipped ander a contract autored into prior to Saptember 1, 1989, is orempt from the Provisions of this Chapter. "E. The City of Rancho CuteaomCa @bell not put these any CPC - processed food packaging, nor shall CPC - procassad food packaging be knowingly utilized at any City - sponsored event occurtin3 within the City of Rancho OuCaaonga, on and after September 1. 19E8. "P. The City Manager is authorized to prmulgate regulations and to take any and all otbet acticna rassonable and necessary to enforce this Chapter, including, but not limited to, inspection of any food vendor's premises, during normal business hours, to verify compliance. "C. 9olumtary and mandatory croslisnce. "It is the intent of the City Council of the City of Rancho Cutaaonga to achieve a fifty percent (501) reduction in the use of CPC processed food packaging by March 1, 1989, and a ninety percent (901) or greater reduction thereafter. In order to achieve this reduction* compliance with the provisions of this Chapter shall be on a voluntary basis until September 1, 1989. On and after Saptenber 1. 1989, the provisions of this Chapter shal bacone mandatory without further notice. "8.22.030 Penalties On and after September 1, 1989, it she11 be unlawful for any person, firm, partnership 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 vlolatiq+ any proviuion of thi% Chapter or failing to comply with any of its Auirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follcvat "A. A fin* not ezaesding One Hundred Dollars 0100.00 for a first violations "B. A fine not exceeding Two Hundred Dollars (5200.00) for a second violation occuring within-0--e-TIT yearl "C. A fin% not exceeding Five Ibmdvad Dollars ($500.00 for etch additional violation oceuzing Within -am 1) year. "Each such person, firm, partnership, or corporation shall to deemed guilty of a sopatate of fens@ for each and every .Ly or any portion thereof during which any violation of any of the provialons of this Chapter is comaitteds continued or permitted by such person, firm, partnership, or corporation, and shall be domed punishable therefore as provided in this Chapter. 47 Ord'" CO No. 371 Page 6 "iba provisions of this Chapter shall not be construed as Permitting conduct not prescribed tarein and shell not affect tha enforceability of say other applicable provision at law. i. ' "2,22.040 Civil Reeediasstable "A violation of any of the provisions of this Chapter s constitute a nuisance and r hall may be abated by the City through civil ° Process, b1 usur Of natraialn injuaetion, or in a o g order, Preliminary or Peasnant of such anissuce,+ y other manner yrwiGd by 1" for the abstasent :v 6tRION 2r the City Council declares that. should any provision, section, paragraph, sentence or word of this Ordinance b rendered or declared invalid by sy final court action in a court of coapetant jenderedor or by reason of may pftcaa. an legislation. the rssining provisions, asctions. paragraphs, sentences, and words of this Ordinance shall remain in full force and affect. SECTION 31 the Neyor shell sign thin Ordinance and the City Clerk shall cause the to be published within fifteen (13) drys otter its passage at lout once in the paMil� pyeott. a newspaper of general circulation published is the City of OnceHo, Calitotnia. and circulated is the City of poncho Cueaaoogs. California. /Dy ORDINANCE NO. ....+w.�c ur Inc 1:111 WUNCIL OF THE CITY OF RANCHO - CUCNtTNGA, CALIFORNIA, APPROVING ETIWANDA SPE.. ^.IFIC PLAN AN .88-05. 88-05, AMENDING THE ETIWANDA SPECIFIC PLAN LAND DWELLING UNITS AC L DENSITY RESIDENTIAL TS PERACRE) O 'GC- (GENERAL COMMERCIAL) FOR 57.5+ ACRES OF LAID LOCATED ON THE SOUTH OF 24TH STREET CHERRY (FREEWAY COMfERCIAALj ETOONGCC' I. (GENNERAECOMMERCIAL)RFOR�6C5 ACRES OF LAND AT THE wrvmi v rminww. . - APN: 226 - 121 -08, it. 12. AID 226- 112 -03.` A. Recitals. M July iPn cadoption Cucamonga epo.ed the enactment of theEiwanda Spethe ificlabythe of iancN 203. (if) On September 28, 1988, the Planning Commission of the C!ty of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above - referenced Etivanda Specific Plan Amendment. Following the conclusion of said public hearing the Planning Commission adopted its Resolution No 88- 192, thereby recommending that the City Council adopt Etiwanda Specific Plan Amendment No. 88-05 (tit) On October 19, 1988, the City Council of the City of Rancho Cucamonga held a duly noticed public hearing and concluded said hearing prior to its adoption of this Ordinance. (iv) All legal prereQuisities prior to the adoption of this Ordinance have occurred. B. Ordinance. THE CITY CCUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDAINS AS FOLLOWS: Section 1: This Council hereby specifies and finds that all of the facts set forth in the Recitals, Part A, of the Ordinance are true and correct. Section 2: This Council hereby finds and certifies that project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Council hereby issues a Negative Declaration Section 3 The Rancho Cucamonga City Council finds as follows: I The subject prooerty is suitable for the uses permitted in the proposed district in terms Of access, size, and compatibility with existing land use in the surrounding area; and /�7 s d 'mow`• {.- ...- -8.:±. y�i _, _., C4^ °•�) - .- CITY'COUMCIL'ORDIMANCE:Aq.`:f; ESPA 88-05 _ October 19,'1988 Page 2 2• The proposed district change would not have significant adverse impacts on the environment nor the surrounding W properties; and y, 3. The proposed amendment is in conformance with the General Plan. 4. A faster Plan designation is needed to ensure the proper coordination of a phased development of the site. ,t Section 4: The City Council of the City of Rancho Cucamoonga hereby approves Etiwands SDecific Plan Amendment 88-oS changing the District designation from •y L° (yer, Low) Density Residential (1 -2 duelling units pper 4 acre) to •GC' (General Coemercial) with a !aster Plan designation for 57.Sr acres of land located south of 24th Street between Charyy Avenue and the I -15 Freeway; and from 'FC' (Freeway Commercial) to "GC' (General Cooasercial) with a Master Plan designation for 6.5 acres of land at the westerly conjunction of Cherry Avenue and the I -IS Freeway, Rancho Cucamonga, California. Section 5: The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published within fifteen (15) days after its passage at least once in The Dail Re %;7, a newspaper of general circulation published in the City of r o, a ornia, and circulated to the City of Rancho Cucamonga, California. i PASSED, APPROVED, AND ADOPTED THIS 197)1 DAY OF OCTOBER, 1988. /70 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1988 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND SIGH ORDINANCE AMENDMENT 88- ar 519n ous amen n s o e regarding signs and window signs. (Continued from October 19, 1988) I. RECOWENOATION: Staff recommends that the Council approve the rev se nance as attached. 11 BACKGROUND: This item was contimjed from the October 19, 1988 meeFiRTU allow the Chamber of Commerce additional time to review the revised language. The Chamber has reviewed the new language and supports the attached revised Ordinance. A letter from the Chamber is forthcoming. Briefly, the revisions are as follows: o Temporary window signs now placed in the exempt category. o Temporary window signs limited to 30 days of continuous display. o Paper window signs must have "fastening device ", tape discouraged. o Definition added for neon signs. Res idly 11ted B d Cit anne BB:DC:vc Attachment: Revised Ordinance ORDINANCE 1:0. 3,500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PANCHO CUCANONGA, CALIFORNIA, APPROYING SIGN ORDINANCE MIENONENT MUNICIPAL ��E TITLE 14 OF THE REGULATIONS RANCHO U FOR NEON AND NINDON SIGNS AND ADDING PROVISION FOR TEMPORARY SIGNS FOR CITY SPONSORED SPECIAL EVENTS 4 follows: The City Council of the City of Rancho Cucamonga does ordain as SECTION I: Section :.4.08.030 of Chapter 14.08 is amended to road as follows, ni words and graphics: includinglViie e5ETre area w si n n. a single, continuous ,�- ectillineardperieete; of not more than eight straigght writing. or a circle or an ellipse, encloppsiry together withlimits any material or Color forming an Integral partrof other d the backgroond of the display or used to differentiate the sign fros the backdrop of but not framewwork which In the case of a two - sided, mutts- sided, or three dimensional sign, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time. \ i \`W� n/OIYfaUAL Lcrraa NBN p es" \ j4 Am W DMM WAL LrrM enw ' \%Blas i m SON MRN BACa0a0UNG Oka � EIMMIj Pwi..w Determining Sign Areas CITY COUNCIL ORDINANCE No. RE: SIGN ORD. /HEIR). 88-01 Page 2 follows: SECTIOB 2: Section 14.08.38( of Chapter 14.08 is amended to read as yy 14.08.030 Window si n. 'Window sign• means a sign painted, attached, interlor~sideeof the window or Otherwise easily asilytvisible ifrom feet of the bufld;ng. follows: SECTION 3: Section 14.20070 of Chapter 14.20 1s dpended to read as 14.20.070 Neon signs - exterior. Mean tubing may be permitted a•. a Psig9n mater a n ex erior monumen signs and will signs subject to the lowing provisions: A. Permitted only in the more Intense commercial zones: - Coammanmty commercial geglonal Related Commercial - Regional Commercial 0. Exposed tubing is prohlbitzd. Neon tubing shall be fully enclosed in a metal frame iod covered with plexiglass C. Within shopping centers, neon signs may be allowed only as part of a Uniform Sign Pr^lras. D. Such signs shall be limited to business identification only, and Pay include graphic symbols. follows: SECTION 4: Section 14.20.071 is added to Chapter 14.20 to read as 14.20.071 Neon signs - in Neon tubing may be permitted as a sign mater a or n ur or w n o— wi 3— sT subject to the following provisions: A. Perti tted in commercial zones only. 8 No more than two neon window signs shall be permitted Per business. C Generic name messages shall not exceed two square feet. A combination of graphic symbols and generic names awy be used; however, the total combined sign area ::call not exceed four square feet. D. Names shall be limited to generic message:, such as "OPEN' or "PIZZA ". Mo product advertising or business identification is allowed except in the form of a graphic symbol. /7-3 w CITY COUNCIL ORDINANCE NO. RE: SIGN ORD. AMEND, 88-01 Page 3 follows: SECTION 5: Subsection Q 1s added to Section 14.16.010 to read as Q. Temporary window signs shall be permitted for any business in a caaaaercial zone, and for commercial type uses In industrial or office zones when approved as part of a Uniform Sign Program, subject to the following criteria: I. Limited to temporary messages such as sales. No business identification is permitted. 2. Yaximaa sign area shall be up to 30 percent of the window area, not to exceed 150 square feet. 3. The placement of the sign shall be located on the first floor only on multi -story buildings, and shall not exceed 20 feet in height above finished grade on one -story buildings. 4. No temporary window sign shall be displayed continuously for more than 30 days. 5. Paper signs which advertise *weekly specials', and similar signs which are rotated on a regular basis, shall have a fastening device for a more permanent look. Window signs affixed with tape are discouraged. follows; SECTION 6: Section 14.08.215 is added to Chapter 14.08 to read as 14.08.215 Nean sign. 'Neon sign' means any glass tube lighting to which a gas and p�iosD� ors are used in combination to create a colored sign. follows: SECTION 7: Section 14.20.080 of Chapter 14.20 is amended to read as 14.20.080 Permitted st ns - Rasidentlal Zones. The following signs may be Permitted n the ros en a zones sub ec o e provisions listed: (Chart remains unchanged) follows: SECTION 8: Section 14.20.100 of Chapter 14.20 is amended to read as followln99ls y�Sl�yPee Permitted sips n- Coaae�rclarc andanOffice ce zonestsubject to the provisions listed: (see revised .:)art attached) WN Q DE 01 4 20 {s aaKn�ed to reap as 4 ^ 14.20.110 of Chapter 1 -Lopes -met S1 a 11sted's $echo dustrial t o °pre t�SEC N 9 tap si ^s ton s SO ec• ter 14. 4 t° read as oll°vs 0.110 Per etn us r a ap Z be Pero e n ye0ins unchan9e4�0go is addep t° at vale A 00lUaeist to SEC ONt $eatl °n 14.519^ eOt center of h or�our sce t col °rs 10: follows: 090 Si the °torn shoP.me ins of 9 his xe�ti Mi e laeatto ^• for 14.24• re. cancer• a' e° 4e Os onslderep { r 11`a t} is 0°Nae°°nta ^p here Ya issues a SECItOM a envir adversely e ec / ?s' /7,G 23 g. r, ]ors r■ |I .■ | ' § , Is /! !1 -, . t | j , ! ,� !■ ht i��lj� . ! ■ ##i i� | �! ] , r| |� § ,�! f�\ l�2.fl|g t # !lit WIN am |h |o �i| &a|! ag. $ !!�! #! !lilt |!!! ! ! ■ B a| s| Hit | /7,G 3 .t X= a'< q: =s ,g y. X. aia• i� ill's l'1 11 ¢ € 8� �' s 1 �t �3' �r j + gg i b <if 1$111; lit 1I3i €, lei 118$ 91 .l'1 dill b r t r a r e e a a r e 2i td B B S' is 8 sbb9d S 3 all, a sF fill fa;d��s �j 5 /77 s r J s a��b b U i a a jb i r i f lit as a�f a =t i flub X.1 �4 a. a D ;8 ivl Ilia li I Isa fE$ Yf Yt# g B u J J �; CITY OF RANCHO CUCAMONGA STAFF REPORT DATE November 2, 1988 TO: Mawr and Members of the City Council FROM: Brad Buller, City Planner BY: Scott Murphy, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 88 -03 AMcL" AAU MnttttR ARCHITECTS — App ea o e ann ng ss on s ec son approv ng the development of a retail center and service station totaling 4,416 squ -re feet on 0.63 acres of land in the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan, located at the southeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208 - 192 -D6. aecision approving a request to reduce the required F setback along Foothill Boulevard from 50 feet to 40 fm along the rear property line from 15 feet to 5 fret retail center and service station In the Coo Commercial District (Subarea 2) of the Foothill Bou Specific Plan, located at the southeast corner of Fo Boulevard and Yiney:rd Avenue - APH: 208 - 192 -06. Staff is in receipt of a letter from the applicant requesting that these items be continued for two (2) weeks so that he may attend the meeting. In addition, staff has met with both the applicant and representatives of the appellants to discuss possible solutions to address the concerns of the appellants. Both parties have agreed to the continuance in order to pursue the various alternatives prior to the City Council's review of the project. Therefore, staff recommends that these items be continued to the November 16, 1988 meeting. Res ly ed ad Bu C1 P ne Attachment: Letter from Applicant 7Y PARK/ MEVN MS COFIPANY VIA OVERNIGHT NAIL October 25, 1988 Hr. Stott Murphy Planning Oepartrient City of Rancho Cut ace nge 9320 Baseline Road, Suite C Rancho Cucr nga, CA 91701 REs Southeast Corner of Vineyard and Foothill Dear Scotts —RECEIVED - CRYDf kANCfa afcAF+DNaA PfANNV1a DIVf310N OCT 28 1988 N Per our telephone conversation last weak, I will be out of town during the the scheduled review of the appeal for the above referenced site. Therefore, I respectfully request that we be rescheduled for the November 16th meeting so chat I may be present. 0 Sincer63y, f ( y/l,D � Michael D. IDA /gs u�i� noovoa oouiwPa ua xa mot uuavuv�re ron rna as uan a Ana rworvuvfan as CTU) w MI 16 FAX O W scan CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 2, 1x38 TO: City Council and City Nanag ^ -r FROM: Russell R. Maguire, City Engineer BY: Walt Stickney, Asmclate Civil Engineer SUBJECT: Vacation of San diego Avenue - From roothill Boulevard to north of San Bernardino Road. RECONEWTIOM: It is recomended thst City Council adopt the attached resolution ordering the vacation of San Diego Avenue from Foothill Boulevard to north of San Bernardino Road as described in Exhibit `A'. BA- KGROUND /ANALYSIS On June 22, 1988, the Planning Comission approv d Tentative Parcel Ma condition o Avenue north o the S Southern PaificRailrad right-of-way. The applicant, Cucamonga County Mater District, 1s now requesting that the vacation now occur. Presently, San Diego Avenue is paved bebmen Foothill Boulevard and San Then Foothill R oulevard Spec ?fie Plan Calissfor Sann Diego Avenue tootbe vacated while maintaining access easements for those properties which currently abut San Diego Avenue. in order to provide access to those properties, the vacation will take effect at the time of recordation of Parcel Map 10238 which will reserve the necessary private access easement. On September 14, 1988, the Planning Coanlslion determined that said vacation would conform to the General Plan and the Foothill Boulevard Specific Plan and receaaended that the vacation occur. Respec fp SubjDitted. /W, r RNM:NS`},y� Attachment /g/ RESOLUTION NO. S g — % � A RESOLUTION OF -RE CITY COUNCIL OF THE CITY OF RAMCHO CUCANONGA, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, ORDERING TO BE VACATED, SAN DIEGO AVENUE FROM FOOTHILL DOULEVARD TO NORTH OF SAN BERNAROINO ROAD, WHEREAS, by Resolution No. 88 -600, passed on October 5, 1988, the Council of the Ciy of Rancho Cucamonga declared its intention to vacate a Rortion of a City street hereinafter more particularly described, and set the ear of 7 :30 p.m, on November 2, 1988, in the Lions Park Community Center Building, lncated at 9161 Base Line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: The Counc4' hereby finds all the evidence submlttnd that a portion o7- S—anl6fego Avenue is unnecessary for present or prospective public street purposes, and the City Council hereby makes its order vacating that portion of said City street as shown on Nap No.V -084 on file in the office of the Clerk of the City of Rancho Cucamonga, which has been further described in A legal description which 1s at,acned hereto, marked Exhibit 'A ", and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reservations and excep T n os,ii arty, for existing utilities on record. SECTION 3: Tho subject vacation shall become effective at the time of reeor a ono arcel Map 10238. to be recorCel0Nn4the office ofsthelCounty cartiffed Sony Bernardino County, California. SECTION 5: The Clerk shall certify to the passage and adoption of this reso u on, and it shall thereupon take effect and be in force. EXHIBIT 'A' DESCRIPTION OF PORTION OF SAN DIEGO AVENUE TO BE VACATED Parcel "A" Commencing at a one inch pipe marking the centerline intersection of Foothill Boulevard and San Diego Avenue ea said interasecion is shown on plat recorded in Bonk 35, Page 90 of Records of Survey. Records of the County of San Bernardino; thence N001.45"V, 60.00 feet along the cnterline of San Diego Avenue to a point on the northerly line of Foothill Boulevard said point being Cho True Point of Beginning; chance N89056135"V, 30 00 feet along said northetly, line to the westerly 1!ne of San Diego Avenue; thence along said westerly line. N0001'45"V, 148 35 font; thanes N0020135 "E, 319 44 test to the beginning of a tangent curve concave easterly, having a radius of 388 1 feet; thence northerly along said curve 202 20 feet through a central an Is of 290 g 51'060; Chance N30011'41" E. 106 49 feet to the beginning of a tangent tutus said curve r21w74t feet through a central angle thence 40511260, to then beginning along point of a non - tangent curve concave northerly, having a radius of 50 00 font, a radial to said point bears S19035'14" W thence easterly along said curve 28 84 feet through a central angle of 330021380; thence N76032135"E, 40 55 font to a point on the easterly line of San Diego Avenue, said point being Cho beginning of a non - tangent curve concave northwesterly having radius 316.5 feet, radial to 63.10 feat said through bears S710 central 31 angle Of 110 ?5't21w•s tt alnce along 530 11141 "V, 106 49 feet the beginning of a tangent curve concave southeasterly, having a radius of 328,1 Let; thence southwesterly along raid curvs 170.94 feet through a central angle of 29051'06"• thence S0020'3511; 319.32 feet; chance S00011451E, 148 17 foot to the northerly line of Foothill Boulevard; thence N89056135 "V, 30 00 feet to the True Point of Beginning Reserving any and all existing utility easements within the easterly 30 feet thereof Contains approximately 1.06 Areas Parcel "A0 Commencing at a one inch iron pipe marking the centerline intersection of San Bernardino Road and San Diego Avenue (formerly Carnallan Street) as said Survey, Records of he plat of recorded Bernardino; 3chenee eN88027 Records of 45 58 feet to the westerly line of San DiSSO Avenue and the beginning point of a non - tangent curve concave westerly, having a radius of 256 5 feet, a radial to said point bears S75 431'32"E, chance northerly along said curve and along said westerly line a distance of 50.06 fast through a central angle of 11 10157" to Cho True Point of Beginning; thence continuing Fong said curve 38 74 feet through a central angle of B 039'16"- thence NS 41'45"V 193,84 £set to the southeasterly line of Southern Pacific Railroad Right- cf -Vay; thence N410 15'01 "E, 41 06 feet slor( said southeasterly line to the centerline of San Diego Avenue, thence SS 41'45"E, 221 87 feet to the beginning of a tangent curve, concave westerly, having a radius of 286,5 fee%; thence southerly along said curve 50 03 feet f through a central angle of 10 00'16", thence, leaving said canterllns, N7] 27'170V, 23.85 feet to the beginning of a tangent curve, pp concave southerly, having jadius 50 00 feet; thence westerly along said curve /O� 6 84 feet, through a conernl angle of 7050'11• to the True Point of B..t.,, "f.." Centaina approxLately 0.17 Acres Parcel •C• ,r. t A strip of land 14.00 fast vide lying easterly of the following described line: ComsncinS at a ore inch pipe narking the csntorlina intersection of Foothill Boulevard and San Diego Avenue as said incersection in shown on plat recorded in Dock 39, fag* 90 of Records of Survey, Records of the County of San Bernardino; then* H00011450V, 60.00 along the centsrlina of San Dingo Avenue to a point of the northerly line of Foothill Boulevard; than* 5690 56135•¢, 30 00 feat to the True Point of Beginning; then* N0001143•V, 148.17 feet; thane N0010'36•9, 304.44 feet more, or loss to the southwest corner of Lot 14 of Hap of Subdivision •B: of Cucamonga Vineyard Tract as per plat recorded in Book 20, page 45 of Maps, Records of said County. Contains approxLately 0,15 Acres iaXHIliiT �6` o/ .7 M � c1.p• v N 11.11'11'M �A1J �Rt.JAR01M� 1CV. —A'�a• L7' LI'• W N f4.1t• 1Ya tY\ IOT 14 I ld'f IS � d O. i1 �1'O4• p Itp ?° I a. d 1•• Gu¢V6 OATI• Z Y , lw.l• n !1.OL• may, � r fl4.! �•!I !f.• Ll.t!' L"r low •laq it &11% 41.10 q7/ ryulca4 •e• !4.! ale ! to.ot• YI M L14•! 1111.74' IftwV 1 M'Y• +O.O1' 4 i 1.a 7•!0.11• 4.64 �ga•IY • [ .4 100.0(7 I•ti7'0Y IAA 2 MM•!4' ♦!• W ti rNRL ►LV 0 r IuJ nrR - 7tiL R•!•H /!O / �j �/ 5l "r d^C:A, Cll i OF RANCHO CUCAMONGA FXC-D E U=G DIVISION �pft �N 1 •ML' -AQU2 OF SAN DIEGO AVENUE 18/ SIRS jE 7.1.s [Sonn�D�Ia�p� -• t v.rym ••'My. M MMnt ' 311n y tt1�yy wad a. wt woad Is trr:�irfo t�i•0ptnut In nKtrw, cn�,t'b M'a north aid.�o Sun r'.aid.nto qt th an effort to ray thl at ao•d• In City Intent of this pIM • 1! Is M Diepe Av tha Der"c the western e�ItMteof �" CYI- praWrtlae which N saoun +tears is yM Avenue and the abe currently abut San DI Fro�r�i tro twu development la t1t Of any d locatronss awlny a• At the Point wh,, $an Dle Avwme Foothill go Aoulw•aMf anaO�L b. orewly wtj souMrry t Y of the extent of �n eMnerdine Rnad where the constructed. m � -sac would be any dav, ,nit shell be a cMditbn of Nxiont strll'be proposal access d1 a Ml �4�ralnents. (Reh�to the Mew ee�w Tq. 0 Sa'N 00*0 AY[ A1A4ppNyay le �FH($ty- BC11LEYAHD SPEMPIC PLAN EXHIBIT 'D' �¢S S �i CITIS ENO TARIO, SUASTFNCL ABUSE tA 33I NLS! TIPTB ST %ST ONTARIO, G 91763 [ieflz (710) 988 -8913 October 18, 1988 Mr, Lauren Wasserman, Manager City of Rancho Cucamonga P.O. Box 807 Rancho Cucamo.10a, CA 91730 Dear Laurens ' It is my pleasure to inform you that the Rancho Cucamonga P.T A. o council and the Citizens Against Substance Abuse tCASAI groups have boon approached by our county's Juvenile Justice and Delinquency Prevention Commission to study the need for a Youth assistance Program. The proposed program would be A pilot for the county and would be designed to most the specific needs of our aroa. The model, provided by the commission, has been operational since 1953 in Oakland County, Michigan. Mot only has the program proved to be cost effi- cient to the community, it has also saved courtless child,en from unhappy /unproductive lifestyles. The Youth Assistance Program idea was presented to Rancho Cucamonga CASA and the P.T.A council at their October meetings Each group voted to participate In a needs assessment. We must now inform the City Council a;.d the rest of the community of the opportunity to .-jar dr esa the problems faced by our youth May I ask you to place the Youth Assistance Program needs assessment plan on the agenda of the text council meeting? It is a privilege to have the opportunity to work with rancho Cuca- monga community leaders. You clearly have set the standard here in the West End and now have the opportunity to do so for the county through this pilot program. We eagerly await your reply. Sincerely, Jodi Br.,ndenberger CABA Outr.ach Consultant cc: Judge I1orr Vernon Bragg, Jr lames Hunt Betsy Platt Anna Powell Paula Pathan JBS ac / �� CITY OP RANCHO CUCAMONGA STAFF REPORT OATEt October 28, 1988 TO: Mayor and City Council PROM: Lauren M. Wassarman, City Manager SUBJECT: Request for City Participation t e State end Local Leal Center RECOMMENDATION It is recommended that the City Council approvo an expenditure of approximately 92,000.00 for the City to par icipate in the State and Local Legal Canter. This organization consists of approximately 1,000 comnuuttioa throughout the nation who have jofaed together to become more involved in legal issues which affect the interests of citios and towns. The interests are primarily concerning those rases which affect cities and are before the United States Supreme Court. The organization has been particularly influential in working to resolve problema with the Pair Labor Standards Act, which was approved several years ago, as well as other measures which have significant impact upon local gave rmaout and our citizens. Our City Attorney is familiar with the organisation and concurs with this recommendation. You will note that a number of the cities in California are already members. We suggest that we join at this time because once our population is certified at over 100,000, our membership fee increases significantly. LM4t Jls 98 -730 185 W IWIW M��• �, 1CMA aw..Ma' 1]e]16teJalt September 21, 1988 Mr. Lauren Wasserman City Manager P.O. Box 807 Rancho Cucamonga, CA 91730 Dear Mr. Wasserman: Over 1, coo communities are now giving their finanolel ,upport to the State and Local Legal Center. They r000gnize the arisioal importance of the Legal Center in advocating the interests of our cities and tows on issues before the United States Supreme Court. I have personally worked with the staff of the Legal Ceutm• and know the Quality and effectiveness of their efforts. Fmnkly, it is the only ongoing advocate that represents the interests of cities and atatea by Litigating cases borers the Supreme Court. This is no easy matter. Just five short years ago, ICNA, the National League of Cities and the United States Conference of Mayors joined forces with those representing stat. and county governments and began the Legal Center. Since that tine, the Legal Center has played an increasingly important role as an effective ally for cities and states with Supreme Court Oaeen. We are enclosing a report on the Legal Center to bring you up to date on its aohi�vements and to remind you of its mission. I urge you to loin the communities across the country that support the Legal Center, Please let me hear from you as noon as possible regarding your community's support of this critical effort. For your convenience, a return form and envelope are onolmad. Sincerely, William R. Eansell, Jr. Executive Director Enclosures 1q0 W H c m c W H Z W v a O r W Hit U s `z d] I !r t y Sr a >x b E 85fi § 3 � HUM!!- AdhialfflPi 0 c t t: 3 1' d �5{ 3 r 111 ns c �7 fill u 9 i n T 9 }E gx}Lqq z S0ai� y Y ,y L YV �S?jE <.iix- >33 i_'S€ •CdVG.X33 L V <2r ga- I Imily- 121111 x . Y 0 Y 0 r �YU i Je Y s g a r Z <jy 22j�dJ{� 193 T 111flH 11,31111111110111111 �gT..QyyQ� SSi .pp S. 1jLd �.Sq �iJ� Y uh dJ1111 lomflliff, fi•1 o g gee , �s� 3 A a_ �fr a 1 �I !�dg r. ri P CPi'Y OF RANCHO CUCAMONGA STAFF REPORT DATEt O:tober 27, 1988 TOt City Council and City Manager FROM: Duane A. Baker, Administrative Assist �> SUBJECT: Lease Agreement with Women's Information And Resource Center for the City -OUned Rouse Located at 111 North Grove Avei.ue, Upland RECO)OCKNOATION: It is recommanded that the City Council authorize the Mayor and City Clark to sign and execute the lease agreement between the City and the Women's Information and Resource Center for the City -owed house at 111 North Grove Avenue, Upland. BACTOROUNDt Staff proposes that the City lease to the Women's Information and Resource Contar (WING) the house at 111 North Grove Avenue, Upland. This house is next to ri.e old City yard. The term of the lease is for one (1) year and the annual lease amount would be one dollar 01 00). The WING, per the lease agreement, has liability insurance coverage which mmes the City as additional insured. The WIRG will be using the house for their information and referral service and will not be using it as a shelter. No use will be allowed to remain overnight. An the WIRE is a non- profit organization that provides a valuable service to the community, it is recommended that the City Council authorize execution of the lease agreement DABtjls attachment 98 -728 Woman's Information b Resource Center page 1 LEASE This Lease is made and entered into by and between the CITY OF RANCHO CUCAMONGA. CALIFORNIA. a Municipal Corporation (hereinafter referred to as "Landlord") and WOMEN'S INFORJEAT70N AND RESOURCE CENTER. A California nonprofit corporation (hereinafter referred to an "Tenant "), 1. Fractions. Landlord hereby agrees to lease to Tamat and Tenant agrees to lasso from Landlord that certain parcel of real property located in the Citv of Upland. California, commonly known by the street address of 111 North (;'two Avenue and bereinafter reforted to as "the Prmiaes" and of mare particularly described in the map attached hereto as Exhibit "A" and by thin reference made n part hereof. Said Lease is subject to the terms, covenants and conditions hereinafter eat forth and Tenant cwenanto, as a material part of the consideration for this Le toe, to keep and perform each and every teen, cwocaut and condition of said Lease. 2 Term, The torm of this Lease shall be for one (1) year, commencing on November 15, 1988, and ending on November 14, 1989. 3. Rent. Tenant agrees to pay to Landlord rental, without prior notice or demand by Landlord, in the gum of One Dollar ($1.00) per year in advance. Said rental shall be paid to Landlord, without deduction or offset, in lawful money of the United States of America, at 9320 Base Line Foad, Suite "C", Rancho Cucamonga, California 91701, or at ssch other place as Landlord may designate. 4. Use. Tenant shall use the Premises for an information and referral center, related office and testing uses and shall not use or permit the Premises to be used for any other parpose without the prior written consent of Landlord. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Promises or any of its contents, or cause cancellation of any insurance policy covering the promises or part thereof or portion of its contents. Tarrant shall not do or permit anything to be done in or about the Promisee which will in any way obstruct or /g� Voted'a Information and Resource Center Page 2 interfere witli the rights of other parties or injure or annoy them or use or allow or pewit the Premised to be used for any improper, icoral, unlawful or objectionable purpose. Nor shall Indent reuse, maintain or permit any nuisance or about the Promisee. Tenant shall not commit or suffer to be committed s. wants in or upon the Presides. 5. Compliance with Law. Tenant shall not use the Promised or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule or regulation nor in force or which may hereinafter be enacted or promulgated. Tenant shall, at its gold coat and expense, promptly comply with all laws, statutes, ordinances and other governmental ruled, regulations or requirements now in force or which may hereinafter be enacted or promulgated, and with the requirements of any board of fire insurance underwriters or other similar bodies am or hereafter constituted, relating to, or affecting the condition, use or occupancy of the Prmfaaa, excluding structural changes not related to or affected by Tenant'a improvements and acts. Tha judgment of a court of competent jurisdiction or the admission of Tenant in any action against Tenant, whatber Landlord be a party thereto or not, that Tenant ban violated any ter, statute, ordinance or anv other governmental rule it regulation shall be conclusive of that fact as between Landlord and Tenant. 6. Alterations and Additions. Tenant shall not make or suffer to be made any alterations, additions or improvements in or to or about the Promised or any part thereof without the written convent of Landlord first had and obtained and any alterations, additions or improvementa in, to or about tho Promised including, but not limited to, wall coverings, paneling and built -in cabinet work, but excepting moveable furniture and trado fixtures, shall on the expiration of the term hereof become a part of the realty and belong to Landlord and shall be surrnndered with tLe Premises. In the event Landlord consents to the making of any alterations, additions or improvements to the Promises by Tenant, tLe name shall be made by Tenant at Tensat s sole coat and expense, and any contractor cr person eolected by Indent to make toe same coot first be approved of. in writing, by Landlotd. Upon the expiration nr sooner termination of the term hereof, Teaser shall, upon written demand by Landlord given at least thirty (30) days prior to the and of the tem, at Tenant'a sole cost and expense, forthwith and with all due diligence remove any alterationa, additions, or improvements made by Tenant, designated by Landlord to be removed, and Tenant shall, forthwith and with all due diligence at its ilole coat and expense, repair any damage to the Promised caused by such rommal. 7. Repairs. By taking possession of the promised. Tenant shall ae demand to have accepted the Preuissa an being in good sanitary order, condition and repair. Tenant shall, at Tenant's sole coat and esponse, keep the Premicas and any part /97 ))•J n, Women's Information 6 Resource Center Page 3 1 '. thereof in good condition and repair. Tenant Shall, upon the expiration or & sooner tarmimation of thin Lomas. surrender the Promises to Landlord in good condition. Landlord shall bave no obligation vhatsocv er to alter, and the ' improve, repair, decorate or paint the Prmizae,or any part tbereol, and the parties hereto affirm that Landlord bas mado no representations to Tenant respecting the condition of :be Promises or the building thereon ezeap[ an specifically sot forth herein. Tenant understands one agrees that the Prmiaea a with all building and safety eodea a dgTenantaewoinantaeOthatanit shall undertake a dbdo nto any and all acts necessary and reasonable to bring the ptmisQa into compliance with Said building and safety codes at the sole cost and expense of Tenant. Tenant further *gross that it shall submit to Landlnrd, prior to applying for say permits to removers, reconstruct, improve, alter or in any other way, modify the Promises. plans and speciflcationa for Landlord'a approval which shall not be unreasonably vithh3ld. Landlord shall not be liable for any failure to make any such repairs. or to perform any maintsuance except chaceeciallbayno aovidud therein, and no am may otherwise be provided herein, liability of Landlord by reason of any injury to or interference with Tenant's business arising from the asking of any repairs, alterations or improvements in or to any portion of the building or the Promisea or in or to any fixtures, appurtenances and equipment therein. Tenant hereby specifically olv'esthe right to make repairs at Landlord's expense under any law, statute now or hereafter in effect. 8. Clafna Ae#Lear Prmiies. Yenant shall Dot Buffer or Permit to be enfoorcoedaagainssttthe Promises. or any part thezeof, pry mechanic's, or subcontractor's lions arising from, or any claim for any work of construction, repair, restoration, replacement or improvement of or to the Promises or any other claim or demand howsoever the mama may arine, but Tenait shall pay or caue brorghttto enforced the and came against cthe Prmisaem before o be o. Tenant agrees to indamnify and hold Landlord and the Promises free and bormlems of all liability for any and all such claims and dmand@. together with Landlord's rea:onallo attorneys' lee: and all coats and expenses in connactien tberemitb. 9. Maintenance of Grounds. Tenant agrees that Tenant will maintain the grounds ro in and about the Promises as indicated in Exhibit A hereto, by herein and made a part hereof. 10. utilities. Tenant &ball pay the cost of any and all water, electrical, gas or and other utilit servicas delivered to the Promises shall havo su during ch utilities installed and /or connectedand maintained ataTenant's sole cost and expense. lg9I Women's Information =nd Resource Center Page 4 11. Taxes. Tenant shall pay, or reuse to he paid, before delinquency, any and all taxes levied or deceased and which become payable during the term hereof upon all of Tenant's possessory interest in and to the Premises, leasebold improvements, equipment. furniture, fixtures aad personal property located in or about the Premises. Tenant agrees that, without prior demand or notice by Landlord. Tenant shall, not lose than fifteen (15) days prior to the date upon which any such posdeasory interest or other such tax is due, Provide Landlord with proof of payment of such tax. 12. Aides and Regulations, Tenant shall faithfully observe and comply with all the rules and regulations that Landlord shall free time to time promulgate. Landlord reserves the right from time to time to make all reasonable modifications to "Ad rules and regmlaticna. Tha additions and modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant. 13. Holding Over. If Tenant remains in paosession of the Promised or any part thereof after the expiration of the term hereof, with the express written consent of Landlord, such occupancy shall be a tenancy from month -to-month at a rental in the amount of the last monthly rental, plus all other charged payable hereunder, and upon all the terms and conditions bereof applicable to a month- to-month tenancy, 14. EntrX by Landlord. Tenet hereby agreed that representatives of Landlord, as designated by Landlord's City Manager, shall, during normal business hours, have the right to enter the Premises and inspect the same to determine if the same complies with each and every term and condition of this Leave and with all applicable City, County, State and Federal laws, rules, ordinances and regulations relating to building occupancy and the conduct of Tenet's business. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loge of occupancy or quiet enjoyment of the Promises, and any loss Occasioned thereby. Per each of the aforesaid purposes. Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon cad about the Promises, excluding Tenant's vaults, eafeo and files, and Landlord shall base the right to use any and all means which Landlord may dew proper to open said doors in an emergency, in order to obtain entry to the Promises without liability to Tenant except for any failure to exercise due care for Tenant's property, Any entry to the Promises obtained by Landlord by any of mid reasons, or otherwise, shall not, under any circumstances, be construed or domed to be a forceable or unlawful entry into, or a deminor of, the Promised, or an eviction of Tercet from the Promised or any portion thereof. /95 Women's Information 6 Resource Center Page 5 15, Default. The occurrence of any one or more of the following events shall constitute a default and broach of this Lease by Tenant: A. Vacating or abandocment of the "remises by Tenant; B. The failure by Tenant to make any payment of rent or any other payment required to be made by Tanner hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant; C. A failure by Tenant to observe or perform any of the covamuts, conditions or provisions of thin Leave to be observed or performed by Tenant. other than as described in subparagraph 15.B., above, where such failure shall continue for a period of thirty (30) days after written notion thereof by Landlord to Tanantl provided, however, that if the nature of the default involvea such that more than thirty (30) days are reasonably required for its cure, then Tanner shall not be deemed to be in default if Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes said cure to completion; and D. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Teener of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law, relating to bankruptcy (unless, in the mss of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's scants located in or about the Pr -mises or of Tenant's interest in this cease, where possession is not restored to Tenant within thirty (30) days; or the attachment, ereeution or other judicial seizure of substantially all of Tenant's assets located I- or about the Premises or of Tenant's interest in this Lease, where such soiznre is not discharged in thirty (30) days. 16. Remedies in Default. IL the event of any such material default or broach by Tenant. Landlord may at any time thereafter and without notice or demand and without limiting Landlord in the exercise of a right or r mody Lardlord may have by reason of such default or breach: A. Terminate Tenant's right to possession of the Premises by any lawful means, in which man this Leave shall terminate and Tonant shall irmedistely surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover free Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, for reasonable attorneys' fees and costs. any real estate commission actually paid, or the worth at the =110 Vomen's Information and Resource Center Pago 6 time of award by the court having jurisdiction thereof of the mount by which the unpaid rent for the balance of the term after the tine of much award exceeds the amount of cuch rental loam for the game period that Tenant proven could be reasonably avoided. Unpaid installments of rent or other suma shall bear interest from the due date thereof at the rate of eighteen percent (18z) par annum or at the maximum legal rate than in effect in California, whichever is higher. In the Went Tempt shall have abandoned the Ptemises, Landlord shall hate the option of (1) taking possession of the Premises and recovering from Tenant the mount specified in this subparagraph, or (2) proceeding under the provisions of the following subparagraphs. R. Maintain Tempt's right to possession, in which see this Lease shall continue in effect whether or not Tenant shall hove abandoned the Premises. In such event. Landlord shall be entitled to enforce all of Landlord'a rights and remedies under this Lease, including the right to recover rent an it becomes due horeundor. C. Parent any other remedy new or hereafter ovailablo to City wader the love or judicial decisions of the State of California. Furthermore, Tenant agrees that no election by Landlord as to any rights or remedies available hereunder or under or pursuant to any law or judicial decisions of the State of California shall be binding upon Landlord until the time of trial of any such action or proceeding. 17. Eminent Domain. If more than tvanty -five percent (25x) of the Premises shall be taken or appropriated by any public or quasi - public authority under the power of eminent domiin, either party hereto shall hove the right, at its option, to terminate this Lease, and Landlord shall be entitled to any and all income, rent, award, or any interest tbareia whateow er which may be paid or made in connection with much public or gmei- public use or purpose, and Tenant shall bave no claim against Landlord for the value of any unexpired tare of this Lease. If either lose than or more than twenty -five percent (25Z) of the Pr,miace is taken, and neither party elects to terminate as herein provided, the reu-•7 .oresfter to be paid shall be equitably reduced. IS Offset Statement. Tenant shall at any time and from time to time upon not less than ten (10) days' prior written notice from Landlord, "cents, acknowledge and deliver to Landlord a statement In writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as no modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tamnt's knowledge, any uncured defaults on the part of Landlord hereunder, or speci- feirg such defaults if any ate claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Premises are a part. �I Woman's Information d Resource Center Page 7 �.f n a 19. Amaignment and Sublett_inp. Tenant shall not .,sign or transfer this Lease or any right hereunder to any other party or pasties nor shall Tenant sublet all or any portion of the Prmison without first obtaining the written consent of Landlord. Any assignment or subletting of the Premises without such prior written consent a all be void for all purposes and Landlord may. at its option, declare a I •eiture of the ,me in any manner provided by law. Consent to any such aea dment or subletting shall be at Landlord's sole discretion and Landlord is not required hereunder to consent to any such proposed assignment or subletting of the Premises. 20, Attorneys' Fees. In the avant that any action or proceeding in brought by either party to enforce any term or provision of this Lease, the prevailing party ,hall recover its reasonable attorneys' fees and costs incurred with respect thereto. 21. Fixtures. All trade fixtures installed in or on the Premises by Tenant may be removed by Tenant at any tine during the term of this Lease so long as the mama any be removed without permanent damage to the promises. Tcoant shall repair all damage which any result therefrom to the reasonable satisfaction of Landlord. 22. Indemnification. Tenant agrees that Tenant will Indemnify and hold Landlord and its elected officials, officers, agents and employees free and harmless from all claims for damage to persons or property by reason of Tenant's negligence or Tenant's acts or those of Tenant's exployees, agentu, guests or im /tees in connection with Tonant's use and occupancy of the Promises. 24 Insurance A. Fire and Extended Coverage. 1. Tenant's Duty to Reap IaErwmento Insured. Throughout the term hereof. at Tenant's solo cost and expense. Tenant shall keep or cause to be kept insured, for the mutual benefit of Landlord and Tenant, all Improvements located on or appurtenant to the Premises against loos or damage by fire and ouch other risks as are now or hereafter included in an extended coverage endorcenent in common use for nuch structures, including vandalism and malicious mischief. The amount of the insurance shall be no less than ninety percent (90%) of the then replacmeit cost, excluding costs of replacing ercavationa and foundations but without deduction for depreciation (herein called "full insurable values). Landlord shall not carry any insurance the affect of which would be to reduce the m c: 11 Homen'a Information and Resource Center Page 8 protection or payment to Tenant under any insurance that thin Lease obligates Taunt to carry. If any dispute as to whether the amount of insurance complies with the above "mat be resolved by agreement. Landlord may, not more than once wary throe (3) months, request the carrier of the insurance than in force to determine the full insurable value as defined in this provision, and the resulting deLermiution shall be conclusive between the portion for the purposes of this paragraph. Tenant shall include the holder of any mortgage on the Lease an a lose payee to the extent of that mortgage interest. 2. Proceedo of Fire and Extended Coverage Insurance. Landlord shall, at Tenant's sole coat and expet me. cooperate fully with Tenant to obtain the largest possible recovery, and t l policies of fire and extended coverage insurance required by subparagraph 23.A.1, above, shall provide that the proceeds shall be paid to Tonant as follows: a. The proceeds shall be domed to be held in trust by the recipient to the uses and purpoiae prescribed by this Lease. b. Disbursements of proceeds for repair, restoration. or reconstruction of improvements shall be made monthly on architect's certificates until all the work is completed and accepted= provided, however. that such disbursements shall not excoed ninety percent (905) of the work in place until completion, acceptance, expiration of time for lien claims, and elimination of all liens claimed. c. Any insurance proceeds remaining after complying with the provisions of this Lease relating to maintenance, repair, and reconstruction of improvements shall be the sole property of Tenant. B. Public Liability Insurance. Throughout the term hereof at Tenant's sole cost and expense. Tenant abalI keep or cause to be kept in full force and effect, for the mutual benefit of Landlord ani Tenant, comprehensive broad form general public liability insurance against claims and liability for persouel injury, death, or property "mega arising from the use, occupancy, disuse, or condition of the :remises, imprwmenta, or adjoining areas or ways, providing protection of at least Ono Killion Dollars ($1,000,000) for bodily injury or death to any one person, One Million Dollars ($1,000,000) for any one accident or occurrence and at least Five Hundred Thousand Dollars ($500,000) for property damage. C. Policy Form. Contents and Insurer All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall contain language to the effect that (1) the insurer waives the right of subrogation against Landlord and against its employees. agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by Landlord, M Women's Information b Resource Center Page 9 and (3) they cannot be uncalled or materially altered emcept after thirty (30) days' notiew by the insurer to Landlord. Tenant shall furnish Landlord with copies of all such Policing promptly upon receipt of them and certificates evideucing the insurance. Prior to the commencement of this Lease, Tenant shall furnish Landlord with binders representing all insurance required by this Lease. Tenant any effect for its own account any insurance not required under this Lease. D. Failure to Maintain Insurances Proof of Compliance. I., war shall deliver to Landlord, in the manner required for noticed, copies or certificates of all insurance policies required by this Lease, together with evidence mtimfactory to Landlord of payment required for procurement and maintenance of the ,olicy, within the following time limits: For insurance required at the commencement of this Lease within ten (10) days after =mention of this Leases For insurance becoming required et d later date, at least ten (30) days before that requirement takes effect, or eg soon tbereaf ter as the requirement, if am. takes effects 'or toy removal or replacement of a polity already in existence, at least twenty (20) days before expiration or other termination of the existlog polity. If Tenant fails or refuses to procure or maintain insurance as required by this Lease, or fails or refumn to famish Landlord with required proof that the insurance has been procured and is in full force and paid for, Landlord shall have the right, at Landlord's election and on five (5) days$ notice, to procure and maintain much insurance. The prmiuma paid by Landlord shall be treated an added rent due from Tenant with interest at the rate of eighteen percent (182) par year or the maximum allowable legal rate in effect in the State of California on the date when the premium is paid, whichever is higher, to be paid on the first day of the mouth following the date on which the premium was paid. Landlord shall give prompt notice of they payment of such premiums, stating the amounts paid and the names of the insurer or inaurera, and internee shall run from the day of the notice. 24. Authority of Parties. Each individual executing this Lease on behalf of fenant represents and warrants that they are fally authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its Loma. 25. Waiver. The waiver by Landlord of any term. covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or am INS Women's Information and Resource Center Page 10 condition on any subsequent breach of the mama or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be darned to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other thee the failure of the Tenant to pay the particular rental no accepted, regardless of Landlord's knowledge of such proceeding branch at the time of the acceptance of rich rent. 26. Time. Tine is of the essence of this Lease and each and all of its provisions in which performance is a factor. 27. Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rant or other sees due hereunder will range Agency to incur costs not contwapleted by this Lear@, the exact amount of which will be extremely difficult to ascertain. Such costa include, but are not limited to, processing and acccunting charges. Accordingly, if say installment of rent or of a am due from Tanact shall not be received by Landlord or Landlord's designee within ten (10) days after written notice that said amount is past due, than Tenant shall pay to Landlord a lets charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late paymant by Tenant. Acceptance of ouch late charges by Landlord shall in no went constitute a waiver of Tenant's default with respect to ouch wardue amount, nor prevent Landlord few exercising any of the other rights and remedies granted hereunder. 2P. Inability to Perform. This Lease ad the obligations of Teaser hereunder shall not be affected or impair because Landlord is unable to fulfill any of its obligations bereunde, c. is delayed in doing Be. if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of Landlord. 29. Sala of Premises by Landlord. In the event of any sale of the Prmisea. Landlord shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or mission occurring after the consummation of such sale. The purchssor, at such sale or any subsequent sale of the Promises, shall be domed, without any further agreement between the parties or their successors in interest or between the parties and say such purchaser, to have assumed and agreed to carry out each and all of the contracts and obligations of Landlord under this Lease. Woman's Information 6 Resource Center Page 11 30. SiS1,3e. Tempt shall not place any sign upon the Premises without Landlord's prior written consent and approval thereof. 31. Pe- formance Bond. Prior to the commencement of any repair, alteration. addition, reoovatim or improvement as may be squired or permitted herein. Tesant shall file with Landlord's City Mafrgar a corporate votary bond satisfactory to Landlord's City Coup, ' and conditioned that the Tamer shill well and truly observe, fulfill and perform each and every repair, alteration, addition, reoovatios or imprwment contemplated. The corporate surety bond shall be in the panel sum of or.a hundred and too percent (1105) of the reasonable value of any such repair, alteration. addition, renovation or iiprovement as determined by the Landlord's Building Official, whose decision shall be final. In the went of any breach of any condition of the aformaid bond, the whole mount of the panel sun therein wood shall be deemed to be liquidated damages, and the ame shall be recoverable it= the principal and sureties upon the bond. Upon completion of the repairs, alterations, additions, renovation or improvements secured by said corporate surety bond, Tower any apply to the Landlord's Building Official for a reduction in the penal sum of said bond and said Building Official. u?on satisfactory proof presented to bin, shall reduce the penal aum thereof to an amount not exceeding fifty percent (505) of the reasonable value of said repairs, alt.Totiona, additions, rm�vstion or improvements. Said bond, as reduced in the pawl sun thereof, shall be maintained in full 'orce and effect until the time for the filling or enforcement of any mechanic's, materialman'a, contractor's or subcontractor's liens arising frm, or any claim for any work of repair, alteration. addition, renovation or mprov ment of or to the Promises or any other claim or demand howsoever the same may arias shall have expired. In no went, however, shall rennet's obligation to indemnify and hold Landlord and the Premises free and harmless from any such claims and demands be abrogated by this requirement for rho maintenance of said corporate surety bond. 32. Succesnors. Subject to the provisions of this Lease with respect to assignment and subletting, each and all of the covenants and conditions of this Lease shell be binding on and shall inure to the benefit of the successors of the reap -tive parties. 33. Notices. Any notice required or permitted under the terms of this Lease shall ba domed m med when personally served on Tower or Landlord's City Manager or when the sane has been placed in the United States mail, postage preesid and addressed as follwar 1y- This Lease coutsima tha entire agreement between the parties. ?;a promise, representation, warranty, or covenant not included in this Lease bas been or is relied on by either party. Each party ban relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representatiosa, and covenants in the Lease itself. The failure or refusal of either party to inapect the Promises or improvements. to read the Lease or other documents or to obtain legal or other advice ralwant to thin transaction conatitutes a waiver of any objection, contention, or claim that might have been based on such reading, Inspection or advice. �O Women's Information and Resource Center •.e Page 12 r i Tenrntt Woman's Information and Resource Center P.O Box 2272 Montclair, California 91763 1 Landlords City of Rancho Ncanongn - Attention: City Manager , P.O. Box 607 Rancho Cucamonga. California 91730 34. Execution by Landlord Not a Waiver. Tenant understands and agrees that Landlord, by entering into and executing this Lease, shall not have waived any right, duty, privilege. obligation or authority vented In the Landlord to approvet diaapprove or conditionally approve any application which Tenant may be roquired to make under any lava, rules, ordinances or regulations now or hereafter in affect which the Landlord may be mpovered to apply, including, but not limited to, any case permit or u,proval, vUether similar in nature or not. 35. Entire A regiment. This Lease coutsima tha entire agreement between the parties. ?;a promise, representation, warranty, or covenant not included in this Lease bas been or is relied on by either party. Each party ban relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representatiosa, and covenants in the Lease itself. The failure or refusal of either party to inapect the Promises or improvements. to read the Lease or other documents or to obtain legal or other advice ralwant to thin transaction conatitutes a waiver of any objection, contention, or claim that might have been based on such reading, Inspection or advice. �O 11 Wman7s Inform..tion 6 Resource Center'^ Page 13 .I WHPBBPORB, the partlwa hereto have entered into the Leaee as of the dato net forth below opposite the name of each signatory hereto. Tenant" Dated: By Dated7^ By$ tuaryord" Dated: V Ht—; erk -- WO11EN'S INFORHATION AND RESOURCE TER P-0-BOX ;272 CCN MONTCLAIR. CA 91763 RE: City Ra Cucamonga October 18, 1988 Center of Olt, c ,-owned houso b This letter 1s affirm y woman's In.ormation sour Pr NIRCewt rinc on alsowknovn by the W ma I lnfchoh Coca on8 nr Resource N e house athe0 remain si nt 1CS house .1n a shelter. '!on and Resaurco not Inv Ve caltl era nblou[t ^o m a a a rd Paid staff unction t ry 0 eo will i be to are the the hcuse=sd an d Pomona sveflabl ea I'd Provide 3nfor rained [o do crisis to so to t' sinformo won en a /s lbedenme nyoltwhour,.80 hold mmeetinRe the I. SIRCh vilttached bin0er fromferrols, k -1n clients who tin come NO 1 Rancho0.000, VII ame cucam commencas, WIRC !s mnst U Overed by the Inge bodily vl11nl m, yland113 [ yt tlnsuron��it If be vea0 ns t addedaramed Insured t he 11 women scan Iget Of grateful uh ,use started Sinc /e r•,1 y. y C n taurs g . rhnl,/rt OOnntson, fAnlr — — 1 for state,, • rTha limit of This C1 City for the houso soa city of that our Pr opose Cpro monga gram for the [o assist .K j enot Wr lght, S Vcretary ., 63 Arthur Frank Sanford , 7994 Villa Drive i Rancho Cucamonga, Ca '. �r City Council Clerk 9320 Baseline Road Suite C -3 October 24, 1988 Rancho Cucamonga, Ca council Clerk: MY a Arthur Frank Sanford will addresn the city Council on the issue of the unlawfull deprival of his personal automobile by the Sheriff's Department on the unlawful ground that it was a vehicle of a type required to be registered and licensed by the city of Rancho Cucamonga, even though it was not being used as a commercial vehicle for hire to the general public for the transportation of persons or property for profit or compensation. Any vehicle which is not for hire or used /operated as a commercial vehicle but only for personal travel may only be confiscated /impounded and taken from the possess- ion of the lawful owner only by duo process of law which world require a court ) ,e after a hearing. It is the intention of Arthur Frank Sanford to ask the Council to order an ad hoc committee to investigate the unlawful taking of Mr. Sanford's private automobile, as the City of Ranch Cucamonga has the liability when any property is unlawfully taken without due process. Arthur Frank Sanfo CITY U I, „ OCT 2 5 19a as '� 71%%IBIu1L111213141816 B U .j' CITY COUNCIL ORDINANCE NO. n RE: SIGN ORD. AMEND. 88-01 Page 3 • SECTION 5: Subsectied 0 is added to Section 14.16.010 to read as follows: Q co mercial zone, shall be in Industrialiora office zones when approved as part of a Uniform Sign Program, subject to the following criteria: F 1. Limited to teoporary messages such as sales. No business identification is permitted. t' 2. Maximum sign area shall be up to 30 percent of the window area, of the first floor only on multi - story buildings, or up to 20 feet above finished grade on one -story buildings, not to exceed 150 square feet. 3 The placement of the sign shall be located on the first floor only on multi -story buildings, and shall not exceed 20 feet in height above finished grade on one -story buildings. 4. No temporary window sign shall be displayed • continuously for more than 30 days. 5 Paper signs which advertise 'weekly specials ", and similar signs which are rotated on a regular basis, shall hava a fastening device for a more Permanent lock. Window signs affixed with tape are discouraged. SECTION 6: Section 14.08.215 is added to Chapter 14.08 to read as follows: 14 08.215 Neon sign "N-on sign' means any glass tube lighting in which a gases osp ors are used in combination to create a colored sign SECTION 7: Section 14.20.080 of Chapter 14 20 is amended to read as follows: 14 20 060 Permitted 51 ns - Residential Zones The following signs may be perm e n e res en a zones su ec o tFe provisions listed: (Chart remains unchanged) SECTION 8: Section 14.20.100 of Chapter 14.20 is amended to read as follows " 14.20.100 Permitted sip - Comnerclal and Office Zones. The foilowing�gns may a perm e n e coamerc a an o ce zones subject to the provisions listed (see revisea .hart attached) L4-* 08.175 Kkndov rxea. "Window area" shall be computed b}• calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of windov penes or panels may be considered one window if they ars adjoining on the building face and are less than six I61 inch apart. r1 L • CITY OF RANCHO CUCAMONGA November 1, 1988 Mr. Mayor and Members of the City Council 9320 Hass Line Road, Suite "C" Rancho Cucamonga, CA 91:30 Door Mr. Mayor and Members of the City Council: A tCabl W Itaw. C.0 CllJa/Ne 91M. 11111 A Wt This letter serves to express our concern regarding the twenty - eight member task force you have created to review park and recreation facilities within the city of Rancho Cucamonga. We question if this is not our role as park and recreation comminsionere? Are we not charged by Council to be the sounding board for residents' concerns on these Issues? Is not the Commission the proper body to perform need» assessment for our park and recreation facilities? The Park and Recreation Commission meetings, as you may be aware, are sporadically attended by residents at best. If the sports groups or other special interest groups in the community have a concern regarding the lack of park and recreation facilities within our city, should net that concern be presented to the Commission for discussion and forwarding to the Council? Another of our concerns is that with the formation of this task force you are diminishing the commitment and work of the park design committees that over the years developed and designed the exemplary park facilities within our community. We feel strongly that their input should be upheld. In addition, given the Council's apparent diemissal of those cit Lzeno Input we cannot support asking other residents to give of their time and energy now. Briefly, our other concerns include: (1) the coat of a professional facilitator to work with this task force; (2) the amount of staff time that would be spent on attending the numerous task force and subcommittee meetings; and (3) the fact that the proposed goals of the task force are duplicative of other efforts currently bring performed on an on -going basis by staff and the Commission. G.�. w.. DSbanhN 0m . jefi.r Yu.g C.hi �,v Dennis L. 5"1 ka I Duque It NwI.J Wnght Dunn N1. Wa...n Mayor and Members city council November 1, 1988 Page 2 If, inspite of our concerns the city council should decide to continue vith the formation of this task force the Commission foals strongly that the task forceal composition is totally unbalanced. With sixteen of the representatives on the committee coming from sport groups and only ten representatives from the community at large this imbalance surely :snot be productive and unbiased. The Park and Racreation commission has voted not to appoint two members to this task forts and requests that the city Council reconsider their action and give serious consideration to our concerns. sincerely b '1011Y m2tcholl, cc/o= ea oner � He z rX rih tehead, Comm ea oner CIiY vvr MOW UCAMONGA ^ ADMINISTRATION NOV 011988 AM ar. D1nn1 �, Strnri Plavor 1i 1 1 vdtl 7M ' 1 11 . 1 uulr llnlel U� ar S11 u. Ihnid' ra•� (e. 1CIIlf 1.4 ne IP1tlr111110 Iko bi ODU {i..11 uro 10 be CIISCa1L5L•d al Ilq' tl[ly IYtIH nLL•el Ir1u nl t l.• l l l ♦ t.otc," ' I •.al I1w of opel t v ,r Jlew of I Lo 1el bolndc•d by I Irn Sn 1'., 1111 k.11 Ir ,.I it cells. Vl nnv rto Ib.enuu. ..m Ut uq1 gvbnnu a •.1 I W [ enrol i 1�011b L•L 11x1111. ul $.y11 tir'1 r1.V rII IID {Iv L•1111L• {)L I' lut un�i CI become Lrn Jl ocLuU lr h.u1 Ul u4" n.r ....... .I. .In 141�'nll IS I 1 II °•rn pl a•ur nvcn.lr' I S j ' "I LII • "1 h".•+ ��rn . . neb u at crr nc•r t l• .o¢n cosu Lu nv mnluv t 1 d1 ro ll h.vc t 0 to for f 4v he olo�••r qn n �- 1. 11l1 en•y .1 �.. •nuu f Sa 0100c, u{sqrd P 11 In v and slc Oot fl I hel p 111110 al T.1 O fv n ..n1l e I. til IKer Pt . • ' � l L'l L lam � Gdi91!/ Nr 1 IS ; 0 / �•4 . I . I 1• r I eit "w orrice! or BUCHALTER. NEMER, FIEL13S & YOUNGER �T Y ..e•[..wX.. [aN.aN.,,en • 4YIrm� [uNC aoe aa+w m,m loo [evrX 16"C" [rN[[, • ,[� [u.IIYMG[MCYMOMIYNYM[II NO [[+,Vw.uJ W, w4 nM[n LOp ANO[Lb, CALIIOIINIA 0001)MI[13 10[.40WLCJYIMNY Me[wppl 4 p1.[w 1919IX0N[ I[I!1[[Oti)00 n.¢Ml. vul'J[•WY nY Wpm r[l[00 /1[N tali) Orr 4... aNrw,[W< r[.uYw. [ewtiw V[L[Y O[ -)N. [N/V l[A [.[ •[wn [[.rvl [w[ , WJO[L [YIIOYY M,YYY [A[l[AOON[[[[V[XM[4 w['wq.,[V44 CYIIp1W MNOM.[ masL+.r• r"'O[I �[rr.0 n,J.w[[ s.. rww. J{I,IN X[X[• � [w� w c •w[ w[[ IoL. ro �YMM4 October 25th m AXOOU erne[ 1 9 8 8 e 1� VIA MESSENGER OR COURIER To Members of the Financing Team, Rancho cucamoi:ga -- Northeast Etiwanda Community Park Financing Re Initial Drafts of Underwriting Documents Ladies and Gentlemen: Enclosed please Lind our initial drafts of.the forme of Preliminary Official Statement and Certificate Purchase Agreement proposed for use in connection with the above financing. The latter is very much the same as that used in the recent CCFC financing, but the POS tracks the new forme of legal documentz circulated by Brian Quint last week. We look forward to having your comments at the all - hands meeting to be held in the City on November 7 at 10:00 a.m. sincerely yours, BUCHALTER, NEMER, FIELDS & YOUNGER `r, I�•�.Le.li Lisalee Anne Wells Encl CITY OF RANCHO CUCAMONGA (Northeast Etlwanda Community Park Projoct) 1988 Certificates of Participation D ?'TRIBUTION LIST city Lauren Wasserman, City Manager Liz Stoddard, Finance Manager Joe Shultz, Community services Manager City of Rancho Cucamonga 9320 Baseline Road, Suite C Post Office BOX 807 Rancho Cucamonga, CA 91730 Tel: 714- 989 -1851 FAX: 714- 987 -6499 Soecial Counsel Brian Quint, Esq. Jones Hall Hill & White Four Embarcadero Center Suito 1950 San Francisco, CA 94111 Tel: 415 -391 -5780 FAX: 415- 956 -6380 Undorwriter Tom Lcckard Stone & Youngberg One California Street Suite 2800 San Francisco, CA 94311 Tel: 415 - 981 -1314 FAX: 415 -397 -9592 to -z,r—Sa HIIM Y OPCLIL SLT@f piTFD tpVFlfl3I _r 1988 DRAFT NEW ISSUE RAT=: MDODY -S: (See "rating" hero In the opinion of Janes Hail Hill 8 Fauna, A Professional Law Corporation, San Francisco, California, Spacial O=wel., subject, however to Certain galifirstions described herein, M der existing law, the portion of leans payments designated as and carprisinq interest and received by the owners of the Certificates is occluded from grccs Incme for federal income tax purposes, such interest is not an item of tax preference for yAmposes of the federal individual and corporate alternative minimum taxes, although it is included in adjusted net book income and Current earnings in aaputing the alternative mindwa tax imposed on Certain corporations. In tha further opinion of Special Ccrxksal, each interest is exempt from Ce' ifmn!a personal income taxes. See 11w E�CN" herein. $ V CEli1TFZOa OP PARrICIPATICN (IMBCASr rawm A mm my PARK Prd17DCf) Evidencing Undivided Fractional Interests of the owners Thereof in Leans Payments to Be Fade by the Y • • •V' � as the Rental for Certain Property Pursuant to a Lease Agreement with the RANCH? CUCA"1JNGA LSMUc UVFDV04W CMUW a; December 1, 1988 DUE: December 1, as shown below Interest due with respect to the Cartifidatas is payable semiannually on each June 1 and December 1, ax®encing Jura 1, 1989, by check or draft of Bank of America National Trust and Savings Association, as trustee (the "lYUStee"), Mailed by first class mail to the registered amens of record at the addresses shown on the Certificate registration books maintained by the Trustee. Principal of the Certificates is payable ur m surrender of the Certificates at maturity at the principal corporate trust office of the Trustee in San Francisco, California The Certificates are to to delivered as fully registered certificates in denoad ations of $5,000 or any integral multiple thereof. The Certificates are subject to redemption prior to maturity as described herein. Upon the request of any carer of at least $1,Ooo,000 in principal arwnt of the certificates, the TnL%tee shall remit interest by wire transfer in Lmadiate funds to an aoa ant designated by sarh owner. the City of Rancho Cuomaxga (the "City ") has oovenanted under its prase Agreement that so long as the Project (as defined heroin) is available for its use it will take such >ctim as May be necessary to include all of its lease !/Preliminary: subject to change 00120NF Paymeftrr in its budgets and to make the necessary aRaopriatioro therefor. The obligations of the City to make Tease Payments do not constitute obligaticns of the City for which the City is obligated to levy or Pledge any fora of taxation or for uftirh the City has levied or pledgod ,–V form of taxation. See ^'D� CERrIFICA=S— IFASE PAYlH USO herain. ly li' 1 Y}Y V Y:A 1 I • ]I • � • I M 1 IS /, >• 1 I Y 'N•lyT I} •• l ZZ 11 Y 1 I" rY•1 •• { 1 I P N •Y • { T•. Y• TIN Y r Y •� {'S />{ :i • • }••IAli / T•IT. • 1 I 'li S TIY • I Y Y>I 1 >' M/ I IYT 1•I IY Y / YTY N YT• N IY" '•A • l FWTr1FM SQMXME -/ PRICE: 100% Plus Accrued Internet from Oocezber 1, 1988 The Certificates are offered to the public by the Urdexwriter when, as and if executed and delivered and received, subject to approval as to legality by Jones Hall Hill 6 Mite, A Professional Law Corporation, san Francisco, California, Special Counsel, and certain other conditions. Certain legal matters will be passed upon fcr the Underwriter by Fudnalter, Hmnr, Fields a Younger, a Professional Carporatiw, roe Arxlnles, California. It is anlcipated that the Certificates will b[I available for delivery in San Francisco, California, on or about December _, 1988 ±/Preliminmry, subject to dump S�YTw No doale*, broker, salesperson cr other person has been authorized by the mrporaticn or the City to give any information or to m33:e any representations other than those contained herein and, if given or made, suds ottar information or representation must not be reliad hr= as having been authorized by the Corporation or the City. nkis Official. Strtment does not constitute an offer to call or the solicitation of an offer to wy mar shall there be any sale of the Certificates by a person in any jurindictlon in which it is unlawful for Much person to make ouch an offer, solicitation or sale. This Official Statement is not to be moved as a contract with the pndmsers of the Ortificates. Statements contained in this Official Statement which involve estimates, forecasts or mutters of opinion, whether or not mWessly so described herein, am intended solely as such and are not to be constnued as a representation of facts. The inmosatlon set forth herein has been obtained Prim sources which are believed to be reliable bet it is not guaranteed as to accuracy or eomplatumms and is not to be cahstrt a as a representation by the Uhderwrit ss. The information and expression of opinions herein are subject to change without notice and neither dalivery of this Official Statement nor arty sale made hereunder droll, hadar any ciromstences, create any icpliaticn that there has been no charge in the affairs of the Corporation or the City since tno date hexrof. ii iii TAME OF CONTENTS '� i PdfsE !. $ Mo" S=mm . . . . . . . . . . INIImDOCTTON. . . . . . . . . . . . . . . . . . . . . . . . . 1 i! ESTII9�IED SOCII� AND IISFS OF 1:1 7 mS s 2 DESCRUITTON OF TtM PRCIEECT . . . . . . . . . 3 RISK FACTORS . . . . . . • leases Not ConeralObligatlons • . • • • • • . 3 3 • • • • • • • NO Liability OE The CUTporatim To The 3 • owners . I.Uaited Recourse On Default . • • • • • • • • . • 3 . . . . . . . . . . . . . . . . . . . Abatemrst 4 . . . . . 4 ` TIM C 1zrmCATES ` • • • . • • • • • • • • • Cenral Provisions . . . . . . . . . . . . . • Redcanption 5 . . . • . • . • General Roderptlon Provisions . 5 ' . . . . . . Bourse Ot Payment For T118 Certificates • • • • . . 7 Iease. • • • . . • • • . . . Payments . . . . . . . . . . . ............ . IFASE AG MDM7T . . . • • • • • . • . • • . . Tease Paynrrts . . . . . . . . . • . • • Insuarce . • . . Dofault And Reoodies• 0 a0 Other RMAsicns 11 . . . . . . . . . . . . . . . . . . Te minatl,m . 13 . . . . . . . 13 MUM AGREDOM . . . . . • • Funds And Acm=ts 14 . . . nwestment Of moneys • • • • • • • . . . • • •Payre 16 Delivr y, Transfer And tof aortificates• • • • • • • • . . • 14 • • • Limitation X Liability 17 . . HI clam Am . . ... . 17 18 ASSIGNMENT AMUMMENT . . . . THE OO1ZPWATTCN . . C17Y FINANCIAL PNFaR.%Mcu Rud7etary Puss . • . . 19 Asses- valuation And Tax collections. . 19 �titUtionel Aranctuents Aft • • acting City Revenues 20 21 THE CITY . . . . . . . . . . . . . . . . . . . 23 RATING . . . . . . . . . . . . . . . . 30 iii ..1.. MKS iv s ,t ly. TA7C i7O�PiCN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 - zt1' �zxAlii LDGAI, HAT1I'RS . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 t Av.IIIAHILM OF COCUMI 5 . . . . . . . 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1. HISCEELAIMOJS . . . . . . . . . . . . APPUMIX A - FUM OF FINAL OPMON OF SPD=AL C=MEL. . . . . . . . . . . A -1 iv s ,t IN (AtIIM ZCN WIM = OFFERING, ME MDM*M= MY OVII? -AU= OR En= 7FAFSA=OtS MUCII crzare.= OR YAUMM 71M YAM= PRICE OF THE CEF=C= AT A LEVEL ABOVE THAT MUM 1QQU Mal&= PREVAIL IN '1fiE OPEN NM=- SUCH SJ=7G, IF ,HAY BE DISQ27F MM AT ANY TIF1E. S@lARY SITTDOW THIS SSPTARY SIA'D MM IS SDOIE= IN ALL RISPDOIS 70 THE MYi.. O WU= INFRT'F =CN ni THIS OFFICIAL SDUMM AND THE OFFFRnG OF ME CF3=C= TO POtFSMAL INVE=Fts IS FN ONLY EV HMS OF 7HE ENfIRE OFFICIAL SFATEMU F. Piagoce .. . . . ... . Ibis acquisition of certain real property for development as the North Etiwanda C>-city Park (the "Project") to be leased to the City.of rancho aucwnnga, California (the "City"), order a lease agreemett (the "Lease Agreement ") with the•Imndao Cucamonga Public BVrm" wt: Oocpore"tton (.the "Curp'ration ") . Security for the Certificates . . . . . . . The City is obligated under the LPaee A[,l� to make lease paywinto (the "Sense PaymentiM as the rental for the Project. Each- Certificate represents an tadividnt, fracticral interest of the a 4wr thereof in I.w Payments to be made by the City as specified in such Sertiflcato. The city has covenanted under the Leave Agreement that,wv long as the Rroject is available for the City's user it will take such action as may be necessary to include the Lease, Payments In its budget and to make the necerrsary appropriations th. refer. See "To,..e Agreement — Iea..e Paymects" herein. lhder California I", She obligation oL the City to maim Lase Paymsc -j (other than to the extwrt that Rails are availably for such purpose in accounts established Wilier the Trust Agreement for the City f= pmrnsds oL the Certificates) ass: be abated in afiole or in p=t if the City does not have Rill use and p>*tseavion of the Prodsct. A Reser�m Red Is sstablishsd fat the City in the amount listed herein free CArt *acate proceeds for the benefit of the w.-Ars of the Cextifir+ tee. The Corporation will assign to the Trvsteu for cbe benefit -of the wners of the Certificates its rights rarer tine temso Agreement, Including (a) its right to receive amounts payable by the City artier the lease hjseament and (b) its riSIZ t i enforce aaamts payable a par default, but octaln rights to indemnification and then payment or fees and Form of Certificates . . . FL•11y registered form in dmaodrnaticrm of $5,000 m. any integral natipia thereof Fwd to i.reegu ar LIJ deimimti.cns if necessary in mvrctirn with a Partial redmgtion) . Peda`pticn . . . . . . . . The Certificates are subject to redmgtim prior to eat city as descrlbod herein. Die City . . . . . . . . . The City is a California general law city. mw c=poratim . . . . . . The Corporation was created as a nonpm[it, Public benefit corporation organized and adstLr3 radar and by virbre of the law3 of the State of California. THE 08LIGATION OF = CM 10 NAME IE'lSE MUM= UNDER THE LEASE AGnEEMM IS AN OBLLCATIO! PAYABLE FUR THE CITY'S GENERAL FUND OR ANY.OMER SOURCE. OF FUNW tEC;A v AVAIL1 TO TM CITY FUR 'UM FAYMM OF LEASE FAYHEMS. THE OBISGATIOL OF MME CITY 1O FAY LEASE PAYKWIS DOES Wr COtS1T1 m AN OBU ATICN OF THE CITY FOR UHIOI THE cny LS OBUawm 10 LEVY OR PLEDGE' ANY FORK OF TA=CN OR FOR umai THE CITY HAS LEVIED OR PL EMED ANY FOPM OF =MT TON. THE OBLIGATICN OF THE CM TO PAY LEASE P.47Q4`M UNDER THE IEASE =MRgEhC DOES NOS 00l6=WE A MT OR IHDM9' MMSS OF'IHE CITY, THE STATE OF CALUOPNIA OR ANY OF ITS FOISTICAL SUBDMSIOS W111@7 THE HEM= OF ANY OIiSrrn=QhAL CR SIAIVIORI OM LIM71MSO7 OR IWIRICITOJ. vi i C.) alCu Nil 114Y;Ygda 5 */ MMTQ"...q., 3 my OF RA`.(lm (IlCAmowA, C7fL tINIA as the Rental for Certain Property Pirsuant to a Teem Pcvement v'th the RAN= QICmam Rmuc I24�R7.' iEm ompmmm FAp4.• WY. The purpose Of thin Official Statement, u hicth includes the cover page, 'fable of Oontents and Appendix (the "Official Statement "3, is to provide certain information concerning the sale and delivery of tho Qartifirates of Participation, (Northeast EtLuenda Comamity Park Project) (the "Certifimtes „), in an aggregate principal amount of $ ,” evidencing umiivided fractional interests " Payments") of e egisstta�acurnrs thereof (the "wneru ") in Ioase Payments (the "City"), as the rental for a certain project �Rathe "Projec") eased from (the the Randhc 0Icamoga Public Lq=Ovm nt 0MXP ration (tl e�ett) loaned plm ant "COrporationn) pursuant to a lease agreement dated as of OOCrGh'S 1, 1958 (the n�� ,l). 7410 Certificates are being emoted and delivered pursuant to a Trust Agremrnt, dated as of recombeM r 1, 1988 (the "Trim Agrememt "), by and amacg the City, the corporation and Prank of America Naticral Trust and Savings Aw4ciaticn, San Francisco, as txu stye (the °mrstee "). Path Certificate evidences an undivided fractional interest of the O.aners in the Lease Payments to be made by tho City in the percanta9%.s as specified in arch Certificate (see wnm CEFmF-,a= — aDM?AL PROVISIONS"). pursuant to an Assignment Agreement, dated as of Rnmber 1, 1988 (the "Assignment Agremient"), by and baWeeN the Corporation and the Trustee, the corporation has assigner to the Trustee, for the benefit of the wnars, its rights under the lease Agreement, including (a) its right to amounts payable by the City .t der the Lase Agreement and (b) its right to enfotca Payment of amounts dues upon default, but I»nrluddng certain rights to indemnification and to the payment of Leer and ems. All capitalized terms used ]=rain and not defix d shall have the meanings ascribed to them in the Trust Agreement. In general, the City is raquirsd to pay to the Trustee specified IP.I F Payments for use of the Project, Mdch amamlts are intended to be sufficient in born tines and aggregate amount to pay, Nxn due, the principal and interest with respect to the Certificates (see "IFA.SE AGM:7M f — UME PAYFg M "). In the !/PMliminaryn Subject to change lease Agreement, the City has coverantod that it will take such action as may be r0cessasy to include all lease payments with respect to the Project in its budgets and to make the necessary appropriations therefor. M-A obligation of the City to maim lease Payoents does not constitute " an obligation of the City for which that City is cbligatod to levy or pledge any form of ta>aticnn or for which the City has levied or pledged any farm of taxation. Neither the Certificates nor the obligation of the City to make rears Payments constitutes an Ldebtzh;aas of the City, the corporation, or tha State Of (alifornia, ar any of its political subdivisiam. within the meaning of any oort,titattimhal eL stet Cory debt limitation or restiiictioh, or a pledge of the faith and credit of the City. IN 0orporatior has no taxing power. Fns certain finaro al infcaation with In ^pc - to the City, roe 'City Financial Information" herein. For a dLsorssirm of certain anendacmta to the @restitution of the State Of California and their imact on the City, sea the heading "CaZ M =a4AL AMMMMM AFFEC1MC CITY FMVE2NF5" under "CITY FMANCl?,L n*rRdA=CN" herein. Fb'Q P=D SO MCM AND h1 S OF PRXECOV M-A procoadc to by reosived from the sale of the Certificates (othar than aocruod interest which wall be deposited in the capitalizod interest subaaumt of the Prase Payment Account) are estimated to be applied as follows: Sozoes of Funds Par Amaant of Certificates . . . . . . $ Accrued Interest (12/1/88 -12/ /88) . Project Fund . . . . . . . . . F S rPA Payment Reserve fled . . . . . . Costs of Issuareoo . . . Underwriter's Discount . . . . . . . . . . !/Preliminary: subject to flange 2 �• I • Sf The City of Fence OX=c ga will apply the net proceeds of the Certificates to acquire certain real property fa development as the Northeast EtSwanda 0==z ity Rork and certain structures located on the pxgxrty (the "Site ") at The will have f for (10 �"E) The following factors, along with other information in this of:icfal Statement and the Appendix, should be considered by Potential investors in evaluating the risks involved in the purchb- of the Certificates LEASES NOr GENERAL OBLIGATIONS The obligation of the City to rake I" Payments under the Lassa Agreesent does not 'ronstitute an obligation of the City for which the City must levy or Pledge any fu= of taxation or for which the City has levied or Pledged any Yoga of taxation, nor does it cm=Ubnte debts or indebtedness of the City, or the State of California or any politiml subdivisions thereof, within the meaning of any cOnstitu4.ional or statutory debt limitation or restriction. EASE PAYHDM Uh SECIZM 'Ihe City and the Wrparaticn expect that the acquisition of the Site will be Meted on the data of delivery of the Certificates. The Tarse Payments and other amounts dw tader the Lease Agreement are not waned by any Pledge of taxes or other revenues of the City. Prior to the date of C=Pletion of acquisition of the Site, Ltase Payments are payable solely from the proceeds of the certificates or fin any earnings on the investments of amonts held uador the Trust Agreement, except as Provldod therein. After the date of acquisition of the Site, Ieasrm Payments are Payable from any funds lawfully available to the City, subject to eeataio provisions of the Lease Agreement. In the event that revere scums of the City are lm than its total Louse Payment obligations, the City could ct.xose to turd other municipal services before Ming Lease Payments. The save result could occur if, be=rse of State of California Constitutional limit on expenditures, the City is not Permitted to and spend all of its available reveres. Son "OQSIT uricNAL AM'NQ4I a� es AFFECTING CITY RE/M S." However, the City his covenanted in the Lease Agreement to bgaiget for, appropriate and auks the Lease Payments and other Payments due under the Lease Agreoa:ent in each year during which it hoe use and Possession of the Project. NO LIABILITY OF THE CMUO TTCN M THE Lh+TffIS Except as expressly Provided in the Trust Agreement, the Corporation, asl ssor, shall not have any obligation or liability to the owners of the City, Certificates with to the payment ud en respect to t en chm of the Iearwm Payments by the he ckservanoe or partomence by the City of other ' agreements, conditions, covenants and terns required to be.�y�� observed of performed }1,y the city under the lease AM-4mmennt of =Ier the Trust Agreement, or with respect to the performance by the aTustas of any obligation reghired to be perfamed by it under the Trust Agreement. 1 • }I 'li�� 'LI •1} 1 Lf the City should dafealt on its obligation to make base Payments with respect to the Site, the Trustee, as assignee of the lessor, ray re *air the leaso Agreement and hold the City liable for all Lase Payments on an annual basis, and will have the right to re -enter and m-let the Site so la. -s the tax-exempt status of 1w interest Irnparent of the Lease Payments is preserved. such re-entry and re- letting shall net effect a surrender of the affected Inane Agreement. Alternatively, the Trustee may terminate the lease Agreement m default of the City and proceed against the City to recover damages Pursuant to the trsms of the lease Agreement. Due to the specialized nature of the Site, no assurance can be given that thrs Trtctes will be able to re-let the Site, so as to provide rental income sufficient to meet the Ices Payments on the Certificates in a timely manner, and the Trustee is cot. egxmertd to sell the Site, for the benefit of the Owners of the Certificates. Any suit for money damages would be subject to liritativas on legal remedies against cities in the State of ca11fnxnia, including a limitation on enforcement or judgments against rinds needed to servo the public welfare `t interest. In the event of loss or substantial interfermca in the use and posse9mion of all or any discrete portion of the Site, caused by material damage or destruction of such discrete Portion of the Site, Lease PaYMMIts will be alrtai. The amount of abatement will be such that the resulting rental represents fair consideration for the use and Pw ion of the Portions of the Si e damaged or destroyed. Such abatement shall continue for the period comw.r,ing with the date of such damage or destruction and ending with the substantial ompletio n of the work of repair or replraeme nt of such Portion of the site. in the event such portion of the Site cannot be mpaimed during the period ie tire of Lease a of the pltussthe� period f ch Raids amore will be available in the Reserve Acmu rt, or in the event that casualty insurance prowls or condemnation prooerria are insufficient to provide for c=plets repair or replacement of such portion of the Site or redemption of the certificates attributable to the City, there ray be insufficient Rinds to cover paymm -ts to the Owners in full. !d rX�YlYgt r, qC GENERAL PFdD=CRS The Certificates W)11 be ex ltod and deiivlamd in the aggregate principal amount of $ * , will be dated Doomber 11 1988, Will be payable as to interest at the rates per anam set forth on the cover page hereof, are payable semi..m=tly of oath June 1 and Deoeaber 1, cm=mirg June 1, 1989 (indivit.alty, a "payment hate "), and will mature on December 1 in each of the designated yeas in the principal am=*s shown on the cover hereof. Mn Certificates will be executed and delivered in fully registered form, without coupons, in denminaticra of $5,000 or in any integral multiple thereof. Principal with respect to the Certificates will be payable at thn Principal corporate trust office of the Trustee. Interest with respect to the Certificates will be payable by deck or draft mailed to the Owner of record at the address shown on the Certificate registration books maintained by the Trustee for such purposes. REDEmprial MM Certificates maturing on and after December 1, 19 , are subject to optimal redmption in ;tole or in part on any Payment Date (bue rat in a total redemption amount of less than $20,DDO at any mu time) in Inverse order of maturity, and by lot within a maturity, on or after December 1, 19 , at the Principal amount thereof together with the premium set forth bales (expressed as a percentage of the total amount to be redeemed), together with innterpst aosvod and maid thereon to the date fixed for redemption, from the proceeds of optimal prepayments of t °.u. Payaxnta made by the City Pursuant to the Lease Agreement: *Preliminary: subject to dingo n r K Preoatment Dates December 1, 19— and Jame 1, 19 December 1, 19_ and June 1, 19- Dsod'ber 11 19— and June 1, 19_ December 1, 19 and June 1, 19- DeomJxr 11 19 and each JW= 1 and ,sw..n,ar 1 thereafter Prmiva Paid with Respect to the Maturity Date of &ff Pte-- ••,,.+/fiMta _ __ Certificates Maturing in 19 and 19 jigmistor 4% It ls7 26 0 i 1 li _ 0 y 1 0 i 0 It,e m.riricates am subjoct to mandatary redoWtion Jul uduole w• any date, or in part on any Payment Date, prcPortiaately anon maturities and by lot within a maturity, from the net Pry of of the insuranca or Payments conicunatim the City to the extent credited towards the preiayment pursuant to the lease Agreement, at -a redemption price equal to the principal a==t thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium. VW Certificates maturing on December 1, , am subjoct to mandatory respective pr Deemer 1 in etch year m or after Deoanber 1, _, in the amounts set forth below, Sea the princi a its of the Lease payments dune in such years, at a redmptim price equal to the acz�rueddaand unpaid thereon to the date fixed for redanptian with interest 6 MINE- GENERkL IZEDL%GiICN FImVISICtS taus redemption is authorized or required, the Trustee Shull give to the affected Owners written notice of the redemption of the certificates. Such notice shall specify: (a) that the whole or a designated portion of the Certificates is to be redeemed, (b) the redemption price, (c) if less than all outstanding Certific.tes are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amaarts) of the Certificates to be redeemed, (d) the date of redemption, and (e) the place or places where the redemption will be made. Notice of such redemption shall be given by first class mail not roes than sixty M) days nor less than thirty (70) days prior to said date of redeption, copies thereof to any Owners whose certificates, or a portion thereof, are to be redeemed. Any defect in the nailing of such notice stall not affect the validity of the proceedings for the redemption of any Certificates or portion thereof. Notice having been given as aforesaid, and the moneys for the redemption, including intereS` to the applicable redemption date, having been Set aside in the Pzde pt on Feud created under the Trust Agreement, the portion of the Certificates to be redeemed shall boctiaa due and payable on raid redemption date and, upon presentation and surrender of =x:h Certificates at the office or offices specified in said notice, said Certificates shad be pail at the unpaid said rvodenption date If, not said thereto, redemppttio nn date, moneys rfoa ad of the Certificates to be redeemed, togather with interest to said rxieption date, shall be held by the Trustee so as to be available therefor on such redeption date, and, if notice of redemption thereof stall have been given as aforesaid, then, from and after said redeption date, interest witl, respect to such portion of the Certificate's to be redemmd shall cease to accrue and boera payable. Upon surrender of any certificate for redemption in part may, the Trustee shall execute and deliver to the Owner Uxmwf at the expense of the e.'tty, a new Certificate or certificates in an =ort equal in aggregate principal amo art to the unredeemed portion or the Certificate surrendered and of the sane inteeestc rate are principal Payment Date. SMRM OF PAYKEN!' FOR nX fi:iMIGNTTS Each Certificate represents an undivided fractional interest in the Iease Payments to be made by the City to the Coorpomtion (see "IHE CERIIPIICATES — GENUtAL PRMWIOtS ") The Corporation, puissant to the Assignment Agroana nt, will assign certain of its rights Oder the Ina ,e Agreement to the Trustee, for the benefit of the O,sers, including its right to receive lease Payments thereunder and its right to exercise cues rights and • -`oleo as may be necessary to enforce the payment of Iah_s Payments when due or a to protect its interests in the evert of a default by the City Prinohp end interest due with respect to the Certificate will be nude from the Lease Payments payable by the City for the use and possession of the Site, rental interruption inswranncs proceeds, net insurance proceeds pertaining to the Site to the extent that such net proceeds are not used for repair or reptacmennt, interest or otter income derived from the investment of the finds and accounts held by the Trustee for '1a ! Rind put �to the rustTrus A4crement, or it, certain instanoes from the Reserve ASreeo n . The City has covenanted under the lease Agreement to ma)m lease Payments for the use and possession of the Site and to take such action as may be necessary to include all lease Payments in its budget and to appropriate an sonnet necessary to make midi lease Payments. •d» a=unts pal-able to the Trustee are to be used to make the payments of principal area interest due with respect to the Certificates. Under California law, even though the lease Agreement bermes atfe -five as of the date of the certificates, the obligation of the City to make Iease Payments (other than to the eetent that funds to Crake I—se Payments are available in the tease Payment Pad, Reserve Fund and, in the case of termination of cease Agreement or partial prepayment of Tea..e Payments, the A.zpsisition Flail) must be abated in eholo or in part if the City does net have Hill use aryl possession Of the Site. •die obligation of the city to makes Iease Paymaarts does not oxstituto an obligation of the City for which the City is obligated to lavy cw pledge any form of taxation. Neither the Certificates nor the obligation of the City to make I—se Payments constitutes an i,wew.«,,.wnam of the City, the State of California or any Of its political subdivisions within the meaning of the Constitution of the State of California or otherwise or a pledge of the faith and credit .f star city. A Reserve FWd is estalj w^•' order the Trust Agrveo: ant. A in to the Reserve ur7 are to be used only for the payment of rm, Payments =outan nts the Fl extort amounts in the Tessa Payment fled am insufficient. therefor. See the discussicn herein under the heading 11amsr AGMXERr — Reserve flad.^ Pursuant to the Assigncenr Agreement, the Corporation will assign to the Trustee , for the trre'it of the Owners, its rights under all of the TB Agreement, inrludirq (a) its rights to reraivn amounts payable by the City wader the Imse Agrecma and (b) ins rights to enforce amounts payable upon default, but excepting certain rights to indern1ficatlon and the payment of fees and expenses;. LEM PAYMEM Tease Payments are required to be male by the City wader the team AT-ement for use and :„m« ion of the Site, for each anmmtal period during the term of the Tea .,e Agreement, oOOMWICing on the Me mber 2 preceding such ;7 -Utar 15 and terminating the December 1 lamaliately succeeding such November 15. TM PayaT a Leas min Agreement �� that T— Payments be deposited in the will withdraw from the tense t Ftad the aggregate e`er �� date the Trustee Payments Of the CL and will F aggregate apri nt of rash inter City apply such , sufficient ie take principal and interest Payments with respect to the Certificates, tatffielent to neat the foll�rltg ammnal amortization schedule: Data PriErfoa >z� Total $„ $ $ LEASE Ar7UMENr The Corporation will enter into a izsse Agmement with the City. The corporation agrees un'- the Ieaso Agreement to muse flails to be deposited with the Trustee in an Ar 1. :ion Raid created ender the Trust Agr mmt to provide for acquisition of t .s. Tha Corporatrch agrees to Cause the 2hstee to reimburse the City for .hjuisiticn Rsts of the Site from moneys deposited in the Acquisition Fled. The City agrees that upon acquisition of the Site it will take possession of the Site wrier the teas mri provisions of the Im Agreement. If the Corporation, for any reason whatsoever, cannot deliver possession of the whole Site to the City, the Lase Agreement shalt not be void or voidable, nor shall the Corporation be liablo to the City for any less or damage resulting therefrom: but in such event t1a remaining Tease payments pertaining to the Site shall be abated in part, in an arount to be agreed upon by the City and the Corporation such that the row atitg Team payments represent fair consideration for the use and oocepaney of the portion of the Site actually delivered. Paymatht of Delivery Costs shall be coda from the mchoys depmited with the Trustee in a Delivery Cost Flail Created wrier the Trust Agreement, which marys shall be disbursed for payment or disbursement of Delivery costs in accordance and upon oxplianoa with the provovisios of *_a Trust Agreement. the Deli The Corporation and the City acknowledge that Um Acquisition fled end �ry Costs fund have been created for the bonaflt of the CS Acquisition Costsorin the the iver,, Fta�d and not required f Of very Costs P24 and not payment of Dal1v applied in a�ttannoe with fired far 'e. Cents r2ua11 be li pcovl,:rons of the 71w^t The City shall have, and is hereby grentad, the f� ittr to time during the Tern of the Lease Agreement, to�add aadditti n1 1a d, facilities iglruvw"Its or other, property or to aebstitute other land, tpr��thatttthe CCiittyy�shaalll�t�is certain caiditrons or precedent *Iwf i Agreement. 1EASE PA.YKMg Ole as rental for the userannd to Pay to the Corporation, its successors and assigns, chlring the _ _ omipvrry of the site dosing oaoh twelve -moth Ong an Otem Of 1 in Akio n Agreement wig m December 2 in any Year earl nent3 Y,r (the "Paittal FLr° ia]" the pal be � (deayabl on respective tea :.e PA�� Nry_aornuant held int tothe the Iu+epaYmernt of the L use Tea Pa Payment Date (other than amounts resulting from thePre required for payment of p� due but not in ,hole and otter than fertifjraAes nut me for Payment) Shall be ar interest represented by any Payment Date the Payable, and no rm Payment need be mde on an Iease equal to the base Payment than r�r d tto be Payment T. . aay� least Site Payable in any nmtal Nrriod &.hall be for the usa of tam Site f�or�suchh the Rental Period. in the event that the City prepays all Pursuant to the Lease Agreement, the City,s remaining Lease Payments in fell pia maid terminarei other than min the case of prepayment Agreement �� ty depoeit. In the avert that the City prepays the Lease awtd with in Part but not in ,hole as a result of any insurance or condemnation _ respect to any portion of the Site, Such Prepayment shall be credited towards the prepayment f each remaining such r— en follows: (re the fop arcin basis in integral multiples of $5,000, +(1i the �•. e,�t on a remaining such Iaase Pa �t the than�f � thereby intema5t would otherwise be payablle aggregate to redeemed Trust Agreement. nulm = the Site standard ity � to maintain or cause to be maintained with fire ite wi � ive general Public and MrParty, 'age im mannce, to oworaga. go City also agrees to maintain innternr[rtion insurance covering loss of the use of all or any part of the Sittee in 10 an amont equal to the maximum annual amount nt of base Payments due under the lease Agreement in any year. All required insurance may include colf-insuramce (upon recomno-dation of a qualified Insurance consultant in the wanner described n tte Agreement) and customary deductible amounts, and mast (if policies are Obtained) be maintained under policies requiring at least thirty (30) days' prior written notice bafore expiration, cancellation or reduction of the coverage provided thereby. Insurance proceeds will be mad- payable to the Trustee (except in the case of public liability and property damage insurance) and in the cane of the Site, damage insurance must be payable in the amount of the full replacement cast of the Site. The City shall deliver or cause to be delivered annually to the Trustee evidence that the insurance policies (if policie3 are dkained) required by the Tease Agreement are in full force and effect. The not proceeds of any insLtw= award ('Rat Proceeds") resulting from any damage or destruction to all or any part of the Site shall ba deposited with the Trttee in the Insurwnco and Condemnation fled created under the Trust Agreement. If the City determines and natifies the Tiustoe in writing of its determination, within ninety (40) days following the date of such deposit, that the replacement, repair, restoration, modificatirn or improvement of the Site is not unonomically feasible or in the best Lntexest of the City, then such Net Proceeds shall be prsaptly transferred by the Trustee to the Tease Payment fled and applied to the prepayment of Ina ^,e Payments pursuant to the Tease Agreement; provided, that in the event of damage or destm"+tion of the Site in full, such tk-t Proceeds may be transferred to the Tease Payment Fund only if sufficient, tcgettor with other available moneys, to cause the prepayment of the principal cacpanents of all unpaid Tease Payments pursuant ant to the Prepayment of the Principal Components of all unpaid Iee..o Payments pursuant ant to the Tease Agreement. All Net Proceeds deposited in the Isuaanos and Ctdeamatfon M4 and not so tre fetred to the I—so Payment Fund stall be applied to the I I replacement, repair, restoration, modification or improvement of the damaged or destroyed portions of the Site by the city, upon receipt of requisitixrs satisfactory to the Trustee signed by a City Representative in the fora required by the lease Agreement. Any balance of the Net Proceeds remaining after such cork has been completed shall bo paid to the City. CEFALW AND RIIdtIILtS The following exrst.tute "events of default" under the Lease Agreement: (a) failure by the City to pay any Lease Payment or otlrr payment required to be paid thereunder at the time specified therein. and the continuation of such failure for a period of ten (10) days; (b) failure by the City to observe and perform any oovesant, condition or agreement on its part to be observed or performed, other than as referred to in clause (a) above, for a period Of thirty (70) days after written notice City the uporation, the Trustee, the Cwnersi to tom not less than five ty � percent (St) in aggregate principal amount of certificates then ct:stancUngt 11 provided, hmmvicer, if the failure stated in the notice cannot be corrected within the applicable period, the Corporation, Trustee and such 06mess will not Unreasonably withhold their consent to an tynsion of midi timr, if corrective action is instituted by the City within the applicable period and diligently Pursued until the default is corrected: and (c) the filing by the City of a voluntary petition in or failure by the City promptly to � lift any a acution, g rnin* or attachment, � r adjudication of the City as a bankrupt, or assignment by the City for the baefit of creditors, or the ontr'y by the City into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any pr000mu g instituted under the Provisions of the Federal Bankruptcy acct, as amended, or under any similar acts which ray hereafter be enact-4. Upon the eoczrrre ce of an evert of default specified above the Corporation ray m +s^ any and all remedies available pursuant to law cr grantai xxvant to the lease Agrecmmt, except that them shall be no right under arty circumstances to accelerate the Tram payments Or otherwise declare any Iase ayments not than in default to be immediately due and payable. The Corporation may o Yards„ any and all rights of entry and re-entry upon tta Site, and also, at its option, with or without such entry, ray terminate the Ieasa Agreement; Providad, that no such termination shall he effect-4 either by operation of low or acts of the City or t_m Corporation, except in the manner Provided in the fosse Agrament, in the event of such default and notwithstanding any re -entry by the Corporation, the City stall conning to rtwrin liable for t2m payment of the lease Payments and/or daegr_s for preach of the lease Agreement and the performanor of all conditions contained therein and, in any event, such rent ahtd/or damages Nall be payable to the Corporation at the time and L: the rarer as provided in the Im ..s Agreement. In the eves the Corporation does not elect to terminate the Iase Agreement, the City Nall remain liable for the payment of all lease Payments and the performance of all conditions contained in the Ieaso Agreement and shall reimburse the Corporation for any deficiency arising cut oe the re- loaning of the Site, or, in the evert ilia Corporation is unable to re -lease tno Site, for the Lull amount of all lease Payments to the and of the term of the Iase Agreement. The City appoints the Corporation as the agent and atternwy -in -fact of the City tr enter upon and re -lease the Site in the event of default by the City in the ;,erformance of any covenants contained in the Ioase Agreement to be performed by the City. The City waives tho right to any rental obtained by the Corporation in excess of the Iase Payments and convoys and release such rhmcess to the Co:Pcmtion as compensation to the corporation for its services in m- loosing the Site. In the event the Corporation elects to terminate the tamne Agreement and ru -18350 all or any portion of the Site, the City najarth olesv agrees to pay to the Corporation all costs, loss or damages harsoovar arising or cooasring payable at the Sam time and in the morn damages honsoever arising or warring Payable at the saw tnrme ani in the same manner as provided in the reuse Agreement in the case of payment of lease Payments. Any surplus received by time Corporation from such rn- leasirg call be the property of the Corporation and the 12 f City shnli have no right thereto, nor chap the City be entttled to any credit in the event of a defic wP y In the rental received by the Corporation from the Site. alm PFMMOFdS make modifThetiom,aat its c additions � the right to remodel the Site or to damage the Site, substuY`ially alter its nature, causer it tto be used for unauthorized peapeo s or reduce its Value to a value substa..ti Uy less than that existlrg prior to such modificatio= or additions. All such modifications and additions become Part of the Site and subject to the provisions of the lease Agreement. the site and shall is responsible for the Snptvramet, repair, and maintenvoo of the site an tshalti.�tzr arrange for payment of the cost of repair and re the City. 9 0 wear and tear, or want of care, on the part value, k Corperatron mask's no warranty, either wgwess rn replied, as to the design, ocrdlthon, marrtantabh City or fitness for any particular p{rpme or use by the City of the site or of any other r>�acessenzatdonror warranty with respect to the site, tae C! with quiet term of the Yaace Agreacent, the corporation shall Provide ty quiet use and enjoyment of the site. "a"m City shall Pay, or cause to be paid, any taxes relating to the Sits as they bexame due. The 0orporatlon and the cuzporatl,n's ccocnssona or assigns have the right at all ruaso.�able t:imas to navy access to the Site and to cease their twTa rminter.-nca in the event c ^. failure by the City, to perform its obligations. PAMwct to thra Assk?=ent Agre<met, ti's corporation has assigned its rights (except certain rights to irdeaulfl®tion and the payment of fees and rte) under the lean, Agreraert to the ltustre tar the benefit of the b'o'or. Toe City may assign its rights under the TO, Agreement or sublease the Site, n.nder oertAin conditierm oontaimd in the r.....a Agreeeoent. TERmk Ohl Cho City of all r. AAgtement teruimtes upon (a) the payment or prepeya�ert by default PaY�''s c3e during the term of the leas, .,jrcement, (b) a by the city aced the corporation's or its rugs' and assigns' ,lectior, to trxW) abb the Ieas, Agreement or (c) the site in taY.en in Mole Pursuant to the pacer of eminent domain or is taken in part per aevnt to such fir( rtto such count that the rvalning portion of the site is no Lorger useful flaaposes originally intended, and the lease Agre©ent is temirated Pxsavant to its eminent damin provisions. Fin The Trustee is appointed ptasant to the Tnrst Agreement to act as a depository of amounts held tharou ndes. tae Trust Agreement authorizes the Trustee to prepare, execute and deliver the oartifirates. Transfers of the certificates are to be recorded in a register meintmira3 by the Trustee. IilLLi. a ... w 'she Trust Agreement creates several accounts to be maintained by the Trustee for the benefit of the Corporation, the city and the Russ. one accent of each type described below is established for the City. A=isition Ftmd - A portion of the pznceeds of the sale of the omrtifieaten will be deposited in an Aourisition find. Amounts in the the site. 1Apon completion be transferred to the of acgnrls ti.icn the _, amounts remaining infthe Acquisition Fund Subsequent Leese Payments doe the Catty. Upon occurrence of CM Of the events Fdhidh Will result in termination of the Inase Agrecment, as described herein under the beading "lease Agreement — Termination," the Trustee will not mice any further disbursements fuze the AogdsltLm fled and all, amounts at the time in the Atgaisition fled will be transferred, as provided in the Trent hgrorzmt, to the lease Payment Raid, to be credited against the Lease Payment obligations or to the Rodeopt.ion hand to be applied to redemption of the Certificate as demeribod herein under the heading "ME CER=FTCAIES — F=) Cur " Lease Pa%, LILTd - tae Trvstea will deposit in the Lease Payment Fund accred interest on thv Certificates from Deomber 1, 1988 to the date of delivery of the Certificate., all leasa Payments received from the City, Proceeds of any insurance or condemnation award and any other amounts required by the lease Agreement or the Trust Agreement. In the event that on arty Interest Payment Date there is not on deposit In the Lease Payment find an amount equal to the Lease Payment obligation payable on such Interest Payment Date then the Trustee shall immediately transfer from the Reserve llmd to the Issues Payment Ard an amount necessary to increase the bola of the lease Payment fled to an amount equal to such Lease Payment obl igatiom. Preserve Hand - the Reserve fled Will be initially furled from the pheeaods of the Certificates in an amount equal to the Reserve Requirement. If on any Interest Payment Date moneys on hard in Lease Payment RM do not equal the Lease Payment equired to be deposited with thud Trustee on such Interest 14 to t�Ieata Payment the Trustee shall ixcndiataly transfer moeys from the Reserve Fled to rat IPwRa Fund to make up such e'eficieny. Upon receipt of any yuments the Reserve Ftvd shall be replenished. Payment At any time that the combined balance in the Reserve Find and lease the pilrd equal an "' Payments -emaining under the lease A Trmltes will transfer all amounts In the Reserve Fund to the Tease r to be applied to the payment of the Iease payments as they bey Payment fled due and Payable, and the City shall be deered to have paid all Iease payments duo unxler the Ieaso Agr ement. Proceeds O an =ib !&Hd t In tlua Vent thS lturrteo re0e.ives Net Site, such Net Proceeds wily 1 )bIn ��on with damage or destrlctitn of the and will be applied by the Trustee e deposited in the Insurance and �atim fled A�Ifr — IW4jRAMM.n desalted ternln seder the heading 'RJMn ihlivery Q =-= _ A portion of the proce frm tho Sale of the Certificates will be deposited with the T.urstoS in a Delivery tz�t7 Flan aril stall to applied to pay costs of the Lsaar= and sale of the Certificates the reoaipt of a signed invoice approved by the cbrporati nts avthorired upon rquMsentative. Any funds rcamalnUg in this account after 911 such costs have Fund, if the l I ^ •ransferred to the Acquisition Fled (or to the roam payment a>�drg eAA ouislticn Fled has been closed, and applied as a audit against ymennts as they bo=mo duo). the Prior to the acquisition, of the Site, all interest inaomo th°reafter, Shall be retained in the feria pa the Acquisition Fuld a to otM,rr acFtlt>,t the next nt Fwd end shalt be applied as a succeadirxF Iea_es payment &M. Inter income on the al;ul{ad for the purpose be ret81r10d in the aaumt in 4t11du it is earned and shall be purpose for which such &moment was eer�, .+at all into City inwamebe subject to a rebate of Doxys Investment soh rust Agreement shall be d�uiite m amounts a Ea in the i funds xis, �r.tii�r. -. �r the �q will be transferred deposited the Rebate ' �' °�uY• the the United States. Any amount udnich is not or of ultivate rebate to Farnirgs Flail shall be transteszod to the Acquisition ch is or n has been closed, to the rease payment Flail I??VmQMrr of HwEys 'Rue F`ostce rs required to invest and reinvest all mnnays hold in the accounts evtabl Lthed Oder t1e IYurst k7reement uupcn instruction from a Presentative•. of the City tut only in investments of the nature described be1OW: tai dlreet Obligations of (including Cbli tree issued or held in Cook. entry form m the books of the Dep rt ent of the 1Yeasury of the United StateS), or obligations the principal of and interest on %tech are ,axcrdituaally guaranteed by the United States cc America: 15 N debmtzmw of the Federal Housing Administration, (C) cbligattms of the following agencies which are not guaranteed by the United Sates of America; (i) participation Certificates or debt Obligations of the Federal dime Iran Mortgage corporation; (ii) consolidated system -wide barb and notes of the Fare Credit Bantu (Consisting of Federal land Hants, Federal Inte..md ate Credit Bonto and Hams for Cooperatives); (iii) consolidated debt Obligat AW or letter of Credit - backed issues of the Federal Hma roan Banks; (iv) mortgage - backed securities (excluding stripped mm-bgago securities which are valued greater than par on the portion of unpaid principal) or debt obligations of the Federal National Mortgage Association; or (v) letter of credit-backed issus or debt Obligations of the Student Ioan M mimting Association; (d) Federal rinds, UWA=ured certificates of deposit, time deposits and bankers aoxptancrs (having aoturities of not more that 165 days) of bunks tho short-term obligations of which are rated in am of the three highest saLi g categories by Moody's Investors Service ("Moody', ") and Standard S row,, Corporation ( "S&P"); (e) deposits which am fully inured by the Federal Deposit Insurance Corporation ( "FDIC") or the Federal Savings and Icon nvaamnoe Catp=atim ( "FSFSC")I (f) dot obligations (e=luding secritics that do not have a fixed par value or /or whom tents ;b not promise a fixed holier ammt at mtarity cr call date) rated in one of the three hilt lag term rating categories by Moody's and Shp; (g) mmarc' !al Paper (having Original matorit CS of not morn than 165 ¢ays) rated in "e of the three highest rating categories by Moody's and S&P; (h) bwest-+ect in moray market Rails mtriscd solely of obligation; rated in one of the three highest Ratirg Categories by Moody's and which Reds are rated in one of the those highest rating categories by Moody's x. Sap; and (i) repurchase agreement with (i) any institution with long -term debt rated in one of the three highest rating categories by Moody's and S&P; (11) with any corporation or other entity that falls under the jurisdiction of the Federal Bankruptcy Code, subject to curtain exceptions sat forth in the Trust Agrement; (iii) with financial institutions insured by tho FDIC or� FSLIC or any bretnr- dealar with "retail cnstcc ra which fails wrier the jurisdiction Of the Securities Investors protection Corp. ( "SIPL"'), subject to certain eXCeptdans set forth in the Trust Agreemarnt. 16 fa ay Y l a• � , a • raY 1 Y M>- Me Trustee is directed by she Trust Agreement, Ul= written request of the Corporation, to Prepare, execute and deliver to the original purchaser thereof, the Certificates in their aggregate principal anoint. transfers of the the Oartif , f diticm Procedures f delivery of temporary arch oertifl"ates, for procedures ,for C utifdcatds which are mutilated, lost destroyed or stolen, for evidetca of signatures of Ow xs .yd of owrer,.hi p of Certificates and for prvcodE¢rs with respect rt to payment of Oeificates. The Principal of the Trustee is APPOiis� as payer agent for the C act-tficates. Interest with payable at the principal orrice of the Trustee. Trustee mailed�t Omer of record on the payment by date or drag of the address sham on the certificate register iced to berm therefor, at the Trustee. to be nuirrtained by the LDOMTICrd OF LIABILITY of the (xirtThe rust contains certain provisions limiting the liability including the following provisions; (a) neither the Orporatim ler the city shall have any obligation or liability to the O.ters with respect: to the performance by the Trustee of duties iq=ed upon it by the Trust Agreement: with rhos I(b) except for the payment of lease Payments when duo in a,00rdargo agreements of the toontaira! inntt2no� of Agreecent the other d this Tr and the city stall have no peamlary obligation or Ilah{1d t0 tin Trust t, Corporation or to the owners or the Certificates with Trustee, the Agreement or the terms, exawtion, deli or to the Test the ddstribu •hon of lease . very transfer of t1e Oertificates, or ex'Xe_sly see forth in the T to tte � the Trustee, except as Agrec�nt; and (c) nothing in the Trust Agreement or in the Certificates stall give any person other than the City, the Corporation, the Tnratee and the Owtexs of the certificates, any right, rmody or claim under or in respect to the Trust Agrement Or any covenant, ocrdition or provision thereof. No Owner of army Ckrtificate Weew and ted a delivered under the Trust Agreemernt shall have the right to institute any suit, action m• or in equity, for any zejdy theretader, unless (a) mxh Owner shall at kra Previously given to the Trustee written notice of the oaasrence of an event of default under the lm>r.e A4recrernth (b) the Owners of at least twenty- percent ia9grrya� principal amount of all the Certificates then Outstanding shall have action, suit oorrquert ed the Trustee to exercise its powers or to institute suet: to the Trustee el indemnity con 0°t (c) said Owners shall have tendered to be incurred in cocpllancce with s �t t� ins' �Q� and shall requests and (d) the 2lustee shall lave 17 ,co . Y~ refused or emitted to comply with strh rat for a period of sixty (60) days after snndh written requsst shall have been received by, and said tender of 3 indemnity shall have boen muse to, the Trustee. The right: of any Owner of any Certificate to receive Payment of said Owner's prgxatiomte interest in the ,> I&ase Payments as the sane become duo, Or to i=titots suit for the enforcement of such Payment, shall rot be impaired or affected without the Omn ent of such owner. g' lffSCEUAtmOVS Y" the Tltustea�as the Ocaarence of an even_ of default under the Taw Age ament, under such Ieaso igtxe of the tlurparntion, shall exercise the remedies prwidod contract such or law. Agri' and any other rsmodiies which the Trtiustra may have by 5 The Trust Agreement may be amender] at WY of the O,mers, but only to Once any ambiguity o ides ctive Provision tie Om out o! r clarify any matters not inconsistent with rust defective and or to Agreement end wThe ruusll rot adversely affect the interests of the Owners of the certificates. The Trust f my Otherwise be amended by written Octment of the owners of at least percent in aggregate Principal &rrA=t of Certificates, and no went shall impair the right of any Omer to receive his Or her fractional share or '—so Payment without his or her assent. any interest T a Trust Agreement terminates and boccmes void when principal and f payment, due with r has respect to muda�fimtos � been paid in full or Provision an amount sufficient (together with interest" earnings Cash xe Foda. -al seasitiea 1n Principal and interest. tt>r) to Pay said ASSICMNT AGR Z2M Ass The following is a brief outline of certain provisions centainxai in the _ considered Agram=It between torment time Corporation and the Trustee, and is not to be consi eyed Agreement for th9��g thereto. Reference is made to the odplOte text thereof. espies of said document are ava'•ah.ae from the corporation upon written reg:ast therefor. The Assignment Agreement is =ads and entered into by and between the Corporation and the Trustee. Under the toms Of the Assigrmet Agreement, the Iessor agrees to sell, assign and transfer to tho Trustee, benefit tee for the befit of the owners, all of its right, title and interest in the base Agr,ess,t, ine`udini its right to receive Ieaso Payments cum the Ie see crier the Lease Agreeomt: its right to receive the Proceeds of insurance or of an eminent duoin award on tha Site, in the event of default by the lessee under tte Ia'me Agn+onmt: its right" to enforce Payment Of such lease Payments when due, or otherwise protect its interests and erhfOroa , rights, with limited eacepticns, crier the Tea Agree ,nt in the event of default by the ressee. is h h ik -, F7, ., The Corporation is a nonprofit, public benefit corporation organized and existing under and by virtue of the laws of the State of California for the purpose of _ CrlY Fn"CIAL 47 ad -WICU The City covenants to budget and appropriate each fiscal period sufficient funds to pay all r[saso Payments due under the Ruse Agreewnt. Soo "Ihe O tificates — Source of Payment for the Certificates" herein. BUOCEVM PROCESS The fiscal period of the City begins on the first day of July of each year and ends on the thirtieth day of Ja:rn of the follwing year. At sad: date as the City Mwunger or other authorizcd administrator (the "Does Live ") determines, each department head must rianirh to the Daaative an estimate of cevernes and exparditures for such arparban t for the ensuing fiscal period, detailed in such manor as may be prescribed by the Meecutiw. In preparing the proposed budget, the Dwcutive enviers the estimates, holds conferences thereon with the rwpoctive department heads, and revises the estimates as he deems advisable. Approximately thirty days prior to the beginning of each fiscal period, the Doecutive submits to the City Cxahcil or other appropriate governing body (hereinafter, the "CVVernitg may") the proposed budget. After revi0+ing and making such revisions as it daces advisable, the covering ncdy determines the time for the holding of a public hearing tdsrom and causes to be published a mtica thereof net less than ten days prior to the bearing date. Copies of the Proposed budget ate available for inspection by the public in the office of the City Clerk or other authorized administrator at least ten days prior to the aring At the c:rclusion of the public tearing, the Coverning Body gather considers the Proposed budget and makes any revision therein that it de>em:a advisable. Fbr each fiscal period beginning July 1, it adopts the budget with rwisions, if any, by the affirmativo vote of at least a rajority of its members. F%= the effective date of the budget, tho several amamts stated as plWosad expenditures berme appctpriated to the several departments, offices and agencies for the objects and purposes name provided that the D®artive may transfer the appropriations of a Add from one cbject or purpose to another withun the same departrrnt. All appropriations lapse at the end of the fiscal period to the extent that they have rot been mTerdad, lawfully c'namtered or carried forward by action of the Goering Body. Fc7 Period' an "l+ t� C§aBody ood� City ��, at the baqindM speoifitd by the covarnin7 Body at least 0= Nao, at such time times as thetoth r times as he shall datemins, ermines the w blraicdf financital statements a;ts oft City aocortarhoe v'ith generally accepted audltirg standards, irrludirj tests oft ac Ountlrg records and such other auditirg procedures as such such fiscal considers WCasGN.. As soon as practicable after t end of t Perini, a final audit and report is svboitted by much aavontant to e Cwerning Bxiy and a copy oft firvrJal statements a4 of t close of t fisc 1 period is thereafter available. \ i. 'li. �Y iM •`♦ Prior to fiscal Year 1981 - 1982, County Ass,=rs gezx,r , Y ^� all Properties at 25 percent of full cash value (market valuo). me State Board of Fqu,lization assessed Public utility Pccpartics at 25 perseat of full cash value S'We fiscal Ivar 1981 -82, all property has been a.,�-^-ar_,. 11ha �titutirn oft Stata of Calif n n IZ4 v rfu cash qua• Provide exmptions from ad valorala pinta (t State) and varioos statutes SnafuOldi as cherries colt it boson fer certain classes of ,�, hhor�tofit tuospitals, std c?uarltable of full 0 State law allows exemption, from ad vilorem property tmmtlm of V, o00 reiebursas taxing autluor�g for the- of revenues 1 qty' all local withfon� though business inventories ware lvwvod fret t rvll�s.begirmfuucl base to year 19acel State replae�t 2eV[Tf1es are provided on a calculated ralmtuae local taring agen:ies for this reduction of taxable Properties. fiscal year assessed vale is are available on or about Augint 15 of each State and county taws are dub and boomme dal irKpon t each Year in all counties of the State as follows: First installment due Noveaber 1st. Ballrgtmnt after fiber loth. Second ir'Srah r duo FebauUy 1st. 0elinquont niter April 10th. she entire tax may be paid at t time t first instaii,,mt is due. aeUed co iBegf installment wi r 84-85 tax year, a pmmlty of ten percent (101) was percent to ef first if not paid on cr before December loth; and ten Path ten dollars of costs ��nt if not paid on or before April loth, togatr t first year of del added for each described Parcel. At t end of ', property is sold tot State. 20 In redeeming property for delinnquent taxes, penalties are aided at the rate of 1.5 percent per month, with $15.00 redasption fee on each separately valued parcel sold to the State. if not redeemed at the end of five years from TAy 1st of the year first beoming delinquent, the property will be deeded to the State of California, and may thereafter be sold at public auction. DehlbVmnt taxes may be paid in installments by paying 20 percent yearly increrents of the amount to redeem; subsequent payments draw interest on the unpaid balance +nt the rate of 1/2 percent par month from the data of previous payment on property which went one year delimit prior to June 15, 1984; a rate of one percent per month an property which went one year delinquent from .Tune h5, 1974 through June 14, 1982; and a rate of 1.5 percent per ninth on property which went one year delinquent on or after Juno 15, 1982. Doodad property may not be placed on the installment plan, however, it can still be redeesod in full until sold at public auction. Property deeded to the State for delinquent tax may be purchased at public auction by individuals. County Tax collectors shall au&Acn such property within two years after such property has been dcx-M to the State. Taxes on property assessod on the unsecured roll ns uasocurod property (separate from real estate) acs billed as soon as assnsez'. Taxes on the roll as of July 31st, if urpaid, become delingient m August 71st Taxes allied to the roll after July 31st, if unpaid, booms dal.inquant the last day of the month following the month in which they :fern added. A 10 percent penalty attaches to the tarn when they berme del irquernt and if ur4aid at the end of the second until paid or until a �ju is e��. m the first day of calla month • Vildw VNNW?PA m M Y •1 i i. Certain prcviSiwrs of Article ) ®1 to the California Constitution (a) limit ad valoma property taxes on all real property to one percent of the full cash value of the property; (b) exert certain clas..eh of voter - approved horded indebtedness from the 1 percent limitation; (c) define "full cash value" as the Assessor's appraised value of real property as of haxch 1, 1975, adjusted by charges in the 0onsamer Pries I dmc ---not to exceed two poreennt per year; (d) permit establishment of a now "full cash value" when !hare is new cartructicn or a clangs in wnership; (e) permit the reassessment, up to the Match 1, 1975, value, of property wtdch was not current on the 1975 -76 assessment roll; (f) require cc ntics to mile= the an percent property tae and to "apportion according to law to the districts within the counties"; (g) proiuibit new ad valorem taxes on real property, or sale taxes, or transaction tames, on the sale of real property; (h) permit the imposition of special taxes by local agencies, other than those prethibited, by a two-thirds (2 /3) vote of the "qualified electors" of such agencies; and (i) require a two-thirds (2/7) vote of all members of both haves of the Legislature for any changes in State taws which would result in increased reveries. F44 An initiative oonstituticral amandment entitled "Limitation of Goverm'e nt Pyrtpriations" was by air row y�.ys on tJo�„etbet 6, 1979. Under the aaendMent, %tLich adds Article )CHID to the California Orstitution, state and local gammoent agenclas are subject to an annual "appropriations limit, and are prohibited from spending " appropriations vnbject to limitation" above , St Ate sutven "Appropriations subject to limitation" consist of tax affect the , and certain other tends the amcntnent does not appropriation o! meow, e:siurlod from the definition of "appropriations subject to limitat ion," such as debt service on indebtet.e. s existing or a�ZeJanuary 1, 1979, or subsequently authorized by the voters and limitation the mrdatod byon the ool�t• Mm amt also excludes from or itati foes to the extent that a � regulatory lip, �r charges, by such fee !n Proceed equal the cost, reasonably borne CY Proving the regulation, Prolict, ar service." In general terns, the went provides that the apprcprlatfar limit will be based on certain 1974 -79 expcsdit ors and will be adjusted =Lolly to reflect flanges in cos of living, pcizllation, and transfer of f+..w=ia responsibility of providing Cbrvlces from am govear"mdal unit to another. Dom amet�aent also proarides that it an age revenues in any year exceod the amoxant %ddch is apprtpriitcd by such agency in onepliance with the initiative, the excess most be returned during the next tom fiscal years by revising tax rates or foe schedules. The City believes it is presently fulfill im3 all obligations under Article XIM Of the California INnstit ation. 22 The City of Runde mange enooqm^ses 32 sgunte miles and is located in San Bernardino tlanty. The City is a general law city irnoarpcarated November 30, 1977. The City operates under a cm%ncil- canagec form of government. The five Cotwcil Members are elected at large for staggered foia� year tarms. The AOycs serum a tvo-y ar hem of office. The City Manager is appointed by the Coaaril and serves at the C.auecil's pleasure as the administrative head of the City. The City M7seger is responsible for appointment of all City eaplcyocs axeapt the City Attorney, ache is also appointed directly by the cmr=il. Pahlic safety functions are performed under contract by the C=" of San Derrsniino Sheriff Is Dgpartvent. The sheriff's substation in Rux3o armada cVlofps apprmdmately so full-time ecployees. Fire and ncohe services are prrridod by Fbothill Fire Protection District, whisk is a Spacial District of the C=ty of San Bernardino. The District maintains throo fire stations within the City limits which hosses asiamclmately 58 fire fighters, officers and staff. The City's workforce is eorprised of appradmately 276 employees, 225 lull -tlmo and 51 part -tune. POPULM70N Population statistics for the City of Banda tlhcmwnga are set forth below. 61,700 65,500 73,800 80,400 94,614 Source: State Department of Finaree t{ Lg— c6'r�c ^v EMPIMMEW The foLla+ing table sun arizes labor force, e=ploymett and M=Ployment figures during the past years for San Bernardino Caarty Metropolitan Area, the Stato of California aryl the United States. Civilian Iabor Inca im19�_ i ate Vn R ent RIZi San Bernardino county. . 372,400 343,900 28,500 7.6% California . . . . . . . 12,619,000 11,638,000 981.000 7 8 United States . . . . . 113,544,000 105,005,000 8,539,000 7.5 1985 San Bernardino ma=ty. 447,800 417.100 30,700 6.9 California . . . . . . . 12,937,000 12,006,000 931,000 7.2 United States . . . . . 115,461,000 107,150,000 8,312,000 7.2 12U San Bernardim trwfty 477,200 450,200 27,000 5.7% Cali.fotnis . . . . . 13,365,000 12,473,000 892,000 6.7 United States . . . . . 117,836,000 109,597,000 8,237,000 7.0 Sauce: California Erplcyrrnt DavelopDmt D4:artnmt. CCfJSMCC1IM A.^1IM-4 Lilo follading table provides a VUMMMrY of buLldirg permit valuations aryl the number of now dralling units authorized in the City of Ru4,o nrc=aga during the five years prior to 1088. M FI I=13 PER= VAUMMI2S 1983 -1987 (table in 000'x) R 12 8.3 _1.$9_ ,198.5 _1986 L 1987 a+ Valuation FYSidenr + ^1 $49,128 $140,228 $142,372 $285,669 $201,284 i, No nesidentlal . . _82.20 48.067 651106 66.80 109,674 r, T'Ztsl +� e18 5207.578 �� Now DMiLing Units Single Family . . . 690 1,308 1,726 2,526 1,961 Multiple Family _622 1.79 783 i 7btal Source: City of Rwrho Cucamonga INQ15lFOC The following table -ists the major eapl.oyers within the City of Rands nraaarga and their apprmdmate number of eaplgmxs. Approximate BA=ber of Fzployer E olovms General Dynamics Over 5,000 Ameson Steal a Nim 251 -500 Frito -lal• 251^500 TAMOO 251 -500 West Est uquhators 251 -500 Coca Cola Bottling 101 -250 Avery International 101 -250 )acrx w Pacific, 101 -250 1b1oi of America 101 -250 Schlosser Forge 101 -250 Data Deign laboratories 107 -250 Source: City of Rw=ho Cu aaaga. 25 MtIE IAL AC1TVITY The table below summarizes taxable sales for the City of Rancho ' for the years 1983 -1986. CITY CP WaRM Q1O243t:CA TAXABLE RETAIL SAILS DATA FM 1983 -1986 1983 _1224_ X985 _12pb- No. of Permits 1,230 1,339 1,490 1,589 Tota? Taxable Trans- actions (in 000'x) $189,350 $216,695 $253,217 $296,097 SoLac0: State Hoard of Equalization ASSESSED VAUD=CNS, TAX LEVIES AND CCUECfMG The following table sum3rizes the ass3sse property va;uatioro, tax levies and COUCClarx of the City of Rancho Cucamaga for the last three yearn. CITY OF RAN= C xAm2rA FROPUM TAX LEVIES AND COIlECTICt5 FISCAL WM 1985 -86 AND 1986 -87 (1) Assessed Secure! Amt. Dal. t Del. Valuation ,car Icvv .Tma 30 _ JUZ)r 3Q 1985 -86 . . . $2,157,431,523 $27,672,013.04 $1,182,814.66 4.27% 1986 -87 . . 2,358,414,712 32,411,434 09 1,136,475.47 3.51 (1) After deducting redevelopment tax allocation increment; tax calloctm for all taxing entities withir, the City. So=ca: Calirornia Municipal Statistics. 26 _. e 27 The folloriM table smimarizes Cenral Fwd revamms, el Pwditzrzrs balvoeo for the Yeate 19884 -8.5 thrm4h 1984 city of ltareele0 for 1:srn1 CITt CF RMUK) CL%WrtrA SxttM OP O:70FA.I. 07H170e1F n RLlR = Alm 17M7D14U3 W YFARS FA7I= JLM 30 RML104..0 —AX A-10- 1983/A6 .1o96/A7 i 1'sms Liamww ar11 pentits $ 4,670,730 3,328.761 S 5,238,129 $ 7,598,000 �". Firm aM Forfeits 9,162 4,68'1,245 14 204 ],363,000 Use of mrey and Property IntergovemnE41tf2 832,7 �' 525,278 2],000 297,000 I'1 ? QwTgw t.-r Servicae Other 1 ,594,0:0 196, 0SU 1,)68,682 236 11 7 14 000 r 2,]12,000 ra.na� 4� 2g.,,gST 'lbtal R(evwuva 570 4a, eQ �12J� 13 y ( �E y }�MII•,1TM GerAraLl ellr�Vt safety $ 2,257,929 < 3,517,791 $ 2,495.000 Ommmitl Daveloml.t 3,417,999 3,484,890 4,740,150 3,443,872 4,311,000 5,77'/,000 0 tLulit'( Services �¢.i.� —AU", -- 4101M 1bte1 mgxrci1t=es $ 9.5.4. ?aa $11.592.73e $_?3.249.000 Fkoess of Feverwo_a over (Urdar) Expardibirus ` ^- 3.12L949 S_1.14L1i:19 $"@1.Lv14 Op rt)im Tmmfam in $ 398,911 $ (162,290) $ 721,000 capital *,},s.,„ - lbtdl Other Pirnvec.irxj _159.445 Sourow Faac_se of P"Mimes Over $ 398.911 $ !208.2051 $ 771.000 (LhUr) E4xnlituu cM other Uses � q�/� �� $�.aus.x�.se„ $ 33 '12a $ 1.1Od.fVlfe SCUXCB: City of Ferxho CLXNUMrlga Financial Statements. 27 Is she n below. and ovorlappirg bOndad debt or the City as of May 1. 1980, CITY OF FANCM CUCAyDtM StA1EMNr OF DZMCF AND AS OF MAY 1, 1988 rXar MDYk]if.APPI1t; S ot��OD Do �efintendant Schools � SL1LB$ Ba� CO San 80113ing AuUoritie., 7.552; $ 371,180 M4txvdolitan Water D stri � Authority 1n.4'n 11,533,036 Chino t'anin A,,ni 4� !�tur 0lstriCL Ch1no Dash Z]Oticipal 0.510 67.576 2,7C6, 634 Water. District certificate, of Patticip3tion 19.501 1,222,712 QaPPsy Joint ni Oertiticatcs � t.i9h School District Participation 19.501 5,157,039 37.731 fMt -al school Dimxlctict 01 4,545,049 School District School District 98.5 21.80. 3.757,357 2,208,460 Etiwmrii � istrlcct � Facilities vast i1 06.605 203,347 2,(49,218 Ouhar school District., and copy x'2=43 4oLmty Water 100.000 Varigp 3,195,000 District Water District, 88.749 41,407 X.D. 9�tY 1,059,663 aka 0,Mty Hater District, I.D. 02 Water District, 100.000 94.021 568,827 City of Rancho I. ,. 05 FS: ticlpatl CertifiCa .as .646 60.000 5,825,461 City Dist 84-1 Q'4mo9a 4mn Facili=es 100.000 9, 500, 000 City of Rancho aM,..la 1959 Act goads 100.000 18.000, 000 3O1%1I. �rD1R.kr A18) OVF1t1AFpDX, 100.000 15.964 —�,� 13U TED "'s= City of San System OertiPisition Water $88,602,317 (loot self- s o rtuyv��tion I (�00� ;tyseel _st District 724,236 D1RDCf AND pyIItI�PFINC DEBT 60,000 $87,818,081 28 i•. v�. i i T12tL1 Cross Debt 3.20 ' Total Not 9.251 BMW,, OF AIID)]MM Aga+ utm n DJi : t Metrcpolitrn Water District . . . . . $1,364,750 Alta IQs fictnal District . . $7,549,506 tQua School District . . . . . . . $ 346,075 Y STAIE SHOOL EMM,: AID FDA >° OF 6/30/B7i $12,117,411 h 4 Scam: California Municipal Statistics, Jr.;. 29 PATR1;7 Moaly's Lrmstois Secvics has given the Certificates the rating of n n The rating reflects only the view of ouch organization and an explanation cf the significance of such rating may be obtained rrm it at the follawing address: 99 Cmrrh StrAet, New York, Moor York 10007. There is no assurance that the rating will continuo for any given period of time or that it will not be revised danward or withdrawn entirely by Mcodyen if, in the judgment of such ring, tanoes so warrant. Any such downward revision or withdrawal such rating may have an adverse effect on the market price o. the Certificates. RIES553ZOVEM In the opinion of Jones Ran Hill & (•hito, A Professional dew Corporation, San FYawism, California, Special Counsel, subject, however, to the qualifications set forth below, under existing law, the portion of the lease Payments designated as and emprising intorest and received by the awners of the CertifiCates is ex- lUd0d free gross irrxnr for federal income tax purposes, such interest is not an item of tax preference for purposes of the federal alternative rinian tax inpmod on individuals and corporations, Provided, however, that for e purlrsso of oan(xuting the olternative mbrimmx tax imposed on such corporations (as defined for federal inxamx tax purpose), such interest is taken into amount in detendning adjusted net buok inccee (adjusted current earnings for taxable Years beginning after December 11, 1989) . Son MjE rfaz=CA!l S -IFASE PAYl DMi, herein. The opinions set forth in the preceding paragraph are subject to the condition that the C.ty Coupling with all i- A*drements of the Internal Revenue Code of 1986 (the " Cods ") that moat be satisfied oubsoquent to the delivery of the Ieaso Agcemgnt in order that such interest be, or entwine to be, excluded from gross incom for federal income tax p rposee. The City has covenanted to oexply with each ouch req%limmant. Failure to cwply with certain of such requirements may cause the inclusion of such interest in gross income for federal in=e tax PurPoces to be retroactive to the dace of delivery of the Tea,e Agreemnt. Special Wsr^,al expreLsas no opining regarding ether federal tax mrregoences arising with respect to the reaso h grceoent and the Certificates. with Prospective r� asers of the Certificates should be aware that (1) the rude, section 872(b) (s) (a) (i)�redurAm the dooauctioox for loess reserves by by115f parcahnt of the Sam of certain items, including interest payable with respect to l ae Certificates, (A) for taxable years beginning bafonh January 1, 1992, interest payable with, respect tar the Certificates caned by some corporations could be subject to the enviromental tax imposed by section 19A of the ads, (iii) intem.St payable with - -e-soct to the Certificates earnod by certain foreign corporations doing bmir- ss ir. the United State3 oruld be subject to a branch Profits tax IMPOSW by Section 884 of the Code, (iv) passive hmeateent mecca, including interest parable with respect to the Certificates, may be mzbject to federal incom taxation order section 1974 of the Code for Subchapter S corporations that have Subchapter C earnings and profits at the close of the 10 tenable if greater than 25% of the gross receipts of malt Subdopter u corporation is pasaivo Smnestoent income and (v) sectiat 86 of the Cade requires recipients of certain Social Security and exrtein Railroad Retirement benefits to take into account, in dstemining the taxability of such benefits, recipients m accruals of interest payable with respect to the Certificates. In the further opinion of Special counsel, interest payable with respect to the Certificates is except from California porso sl imam, taxes. Jones Nall Hill & Mdte, A Professional Lew Corporation, Special Counsel, will render an opinion with respect to the validity and enforceability of the lease Agreanrnt and the Trust Agreement and as to the validity of the Oectlficatera. Copies of ouch approving opinion will be Available at the time of delivery of the Certificates. Certain legal ratters will be pasoad upon for the thdorwrltar by aact alter, Nemec, Fields & Ymn gor, A Professional Corporation. ABSENCE OF LTTTGAa7CN There is no action, suit or procooding known to be pusding or threatened, restraining or enjoining the exam Iit on or delivery of the Certificates, the lease Agreement or the Trust Agreecrunt, or in any way omtestiM or affecting the validity of the foregoing or any proceedings of the lessen taken with rrspoct to any of the foregoing. AVAnA=xry OF coQamm Copies of the Lraso Agreement and the Trust Agreement are available upon request from the Secretary of the Corporation, Suite C, 9920 Baseline Street, Rancho Cucamonga, California 91790, tal. (714) 989 -1851. The Certificates are being puuc asad by Store & Yosgbug (the "Underwriter"). 'An Underwriter has agreed to purrheso the Certificates at a price of $ , plus accrual interest. Tho purchase agreement relating to the Certificates Provi.les that the Underwriter will purchase all of the Certificates if any are Purchased, the obligation to make such paarhass being subject to certain terms aril conditions set forth in said purchase agreement, the approval of certain legal matters by counsel and certain other conditio . Certificates may be offered and Gold to certain dealers and others at prices laves than the offering prices stated on the coves page hereof. The offering prigs may be changed from tire to time. 31 44:Si,ll)ty ?� i - ut�Ly yb'!% Y '1 A Ce Rafere xxs are made heroin to Certain docim -nts rxd reports utAct. am brief swarics thereof mad Mich do not Purport to inn oxploto or definitive and T referencu is made to such &==ts and reports in their entirety for full and ompleto statements of the contents thereof. i Any statements in this Official Statement involving matters of opinion, vhethar or not expressly so ststod. are intended as such and not as } representations of fact. This Offiriel Statement is nct to be cantreed am a Si contract or agreement hoheen the City and the parchasara or deers of of 1 the Cartificatea. The sxocvtinn and delivo. -y of this Official Statement has bom m1y ,rhorized by the City. CITY OF RANCM CMAM7 M By ty Manager Y- 32 A'1 (Form of Final Cpinion of Special nxur,el) City owncil City of IIIVtco Olxamorrla 9320 Baseline Road, Suite C Feet Office floc 807 Rancho 4raacrga, California 91730 Rs: $ certificates of Particgnticn, (mortho,est Etiwandada the P8rk Site) Evi�dencin llndividai Fractional Interests of Rondo Wcamoixp as the Rental for Cerrttaiin Nadu rt the City of Tea se Agreement with the Rancho Cueema+p Public Pursuant to a Corporation. ILVbers of the City Councils We hove acted as special counsel in uonmction with the delivery by the City of Rancho Cucamonga, California (the "Mty"), of a lease Agreement, dated as of D&cc er 1, 1988, by and bohosan the Fmrho 01cM=nq& Public Z*rave✓ment Corporatia (the "Corporation ") and the City (the "I" Agreement "), Purmmnt to tir. California Government Code. MIS Corporation has, p rsoant to the Assignment Jgrnemant, dated as of December 1, 1988 (the "Assignment Agrement"), by and between the �tt ticn them of America National Tru-nt and savings r Agreement, rust ( `�al), signed certain Of its rights under tto ( � including its right to receive lease payments made by the City thnrenadar the " Payments"), to the Trustee. Rormant to the Trust Agreement, dated as of December 1, 1988, by and among the Tnasteo, the Corporation and the City (the "Srust Agreement "), the Trustee has exacutod and delivered certificates of participation (the "Certificates") evidoncing undivided fractional interests Of the Owfers thereof in the Lone Raynwts. We have enmminod the law and such certified Proceedings and other papers as we deem necessary to render this opinlen. Az to questierm of fact material to cur opinion, we have relied ugrn representations of the City contained in tho drasa Agreement and in the certified proceedings and certifications of Public officials and others furnished to us, without nadontaking to verify the coma by iidcpendont investigation. as follows !ased upon Our wamdnation, wa am of the opinion, under existing law, 0012afF A_y I- The City is duly created and validly existing as a runic.ifal cOrF1rat:ien and general law city with the pmrer to enter into the Leas Agrees. -nt and the Trust Pgmmvnt and to perfcsm the agreements on its part omtslnod therein. delivered 2. Tbi Lease Agreement has been duly authorized, ey=s .ed and e b the City and is an obligation of tha City valid, blfdLg and against the City in aces danoe with its tens. 7. Mw Trust Agreement and the Assignment Agreement are valid, binding and enforceable in actardanos with their tarns. 4. Subject to the terms and prav(niom of the Leese Agreement, the T, Payments are payable from general fund$ of the City law^slly available therefor. By virtuu of the Aasigment Agreement, the owners of the Certificates are entitled to receive their fractional share of the Lease Payoents in accordance with the terms and provisions of the Trust Agreement. S. The pcatilon of the Lasso Payments designwted au ant comprising interest and recaiv 0 d by the owners of the Certificates is exclucbd from gross income for federal ir=as tax p rposas nrd Is net an item of tax preference for purposes of the fodaral alterative mhnim:m tax imposed to indivihttals and corporations; it should be noted, howonx, that, for the purpose of ca puting the alternative minimum tax it wod on corpezationns (as defined for federal in.'cma tax book income ), such Interest is teken into asamnt in dotermining adjusted net (adjusted c tnips for taxable years boginnnhxh after Cboemher 71, 1969). The opinions set forth ir. the preaditnq sa- Lances are subject to the '=%Ution that the City emplies with all rogtirmnts of the 1nt4:nrl Ravarue axle of 3586 that must be satisfied suhseg t to the delivery Of the lease Agrrsnmt in order that such interest be, ar contireas to be, excluded from grms income for federal ine,o trot purposes. The city has eoArwited to ecply with each such iWWemert. Failuum to osply with certain of such requirements may cause the inclusion of such merest in gross incme for federal inctma tax purpoaes to be rattnad ive to the date of dali^wy of ttu tows Agreement. we express no opinion rguclinng other federal tsx oanseghxnoas arising with respoct to the Lease hgreaw nt and the aarcificates. 6. The portion of the Lease Payments designated as arms Comprising interest and received by the owners of the owtiflcaLns is except frem parro+al income taxation inposud by the Stags of Cilifc min. The rights of the owners of the asl:lficates and the enforceability or the Lease Agreement, the Trust Agreement and ile Assigruent Agreement: ray be subject to bankruptcy, insolvency, reorganization, meretorium and other similar 0012QWF A_2 M laws affecting =x1itors, rights heretofore cr hereafter enacted And my also be subject to the em=isG of J'Afrial discretim in appropriate cases. Awpoctfully oibmittod. Zaim HALL HILL & omm A FrCfessicnal taw CmTomticn Pic 0012W A-3 !o- 2S —d8' DRAFT nERTIPICATE, PURCHASE AAME CERTIFICATr9 OF PARTICIPATION (Northeast Etiwanda Community Park Project Evidencing Undivided Fractional Interests of the Owners Thereof in Lease Payment, to Be Made by tl.e CITY OF RANCHO CUCAMONGA, CALIFORNIA, as the nontal for Certain Property pursuant to a Lease Agreement with the Rancho Cucamonga Public Improvement Corporation i i This Certificate Purchase Agreement (the "Purchase Agreement ") in made and entered into this day of Novembor, 1988, by and amung Stone 4 Youngserg, as the underwriter for the within - described issue (the "Underwriter "), and the City of Rancho Cucamonga, California ( "City "), and is acknowledged and approved by the Rancho Cucamonga Public Improvement Corporation, a nonprofit public benefit corporation duly orgarited and existing under the laws of the State of California (the "Corporation"): and receipt hereof is acknowledged by Bank of Amerina National Trust and Savings Association, the trustee (the "Trustee ") under that certain Trust Agreement entered into by the City, the Corporation and the Trustee, dated as of December 1, 1988 (the "Trust Agreement "). pursuant to which the Certificates described above (the "Certificates ") are to be executed and delivered Upon acceptance by the parties at or prior to 11:59 o'clock p.m., California time, on the date hereof, this Purchase Agreement shall be in full force and effect in accordance with its terms and shall be binding upon the parties hereto. 1. Upon the terms, conditions and representations sot forth herein, the underwriter hereby agrees to purchase, and the parties hereby agree to caune to be delivered to the Underwriter, all of the $ aggregate principal amount of the Certificates, date Deco or 1, 1988 (such Certificates being more fully described in the Official Statement hereinafter described), representing the undivided fractional interests of the owners thereof in the lease payments (the "Lease Payments ") to be paid by the City pursuant to that certain Lease Agreement, dated as of December 1, 1988 (the "Loma" Agreement "), by and between the City and the Corporation, at an aggro gat-) purchase price of $ , being __% of the principal amount of the Certi cartes, plus interest accrued thereon from December 1, 1988, to the date of the Closing referred to in 3action 5 hereof. The Lease Payments will be assigned t• the Trustee pursuant to the O017LAW 1 Assignment Agreement dated es of December 1, 1988, by and between the Corporation and the Trustee (the "Assignment Agreemaht"). The Certificates shall be as authorized in, and shall be executed, delivered and secured under and pursuant to the Trust Agreement. The Certificates shal. represent the principal compcnent of the Lease Payments, which shall mature i� on the dates and in the amounto set forth in Exhibit A hereto, and shall also represent the interest component of the Lease ` Payments, which is payable from December 1, 1988, at the ratas sot forth in Exhibit A hereto, and is to be paid on May 1, 1909, and semiannually thereafter on each May 1 and December 1, through and including December 1, 199 The Underwriter agrees to make a public offering of the Certificates at the initirl offering prices as oat forth in the Official Statement ,a hereinafter described, which prices may be changed from time to time by, and in the sole discretion of, the Underwriter. A\ 2. The city and the Corporation shall deliver or cause to be delivered tv, the Underwriter, promptly after its acceptance hereof, an executed copy of the official statement relating to the certificates, substantlally in the form of the Preliminary official Statement dated November __, 1988 (the "Preliminary official Statemont"), with only such changes therein as shall have been accepted ay the Underwriter (the Official Statement respecting the Certificates to be delivered before the Closing referred to in Section 5 hereof, including the cover page and all appendices thereto, being herein referred to as the "Official Statoment,• except that if the Official Statement shall have been amended between the data hereof and the date of Closing, the tarm 'Official Ststomont" shall refer to too Official statement as ea amonded), and approved for distribution by r+spective resolutions of the City. Tno Corporation and the City each authorize the use of copies of tie Official Statement, the Trust Agreement, the Lease Agreement and the Assignment Agreement in connection with the public offering and sale of the Certificates. The parties hereto hereby ratify the prior distribution of the Preliminary official Statement by the Underwriter. The Trust Agreement and the Lease Agreement shall be executed and delivered substantially in the form heretofore reviewed by the Underwriter, with only such changes therein as shall be mutually agreed upon by the parties thereto and the Underwriter. 3. The City hereby represents and warrants to the Underwriter that: (a) The City is a municipal corporation and general law city duly organized and existing pursuant to 0017LAU 2 ,t' the Constitution and laws of the State of California and has all necessary power and authority to enter into an3 perform its duties under the Lease Agreement, the Trust Agreement and this Purchase Agreement, and, when executed and delivered by the respective parties thereto, the Lease Agreement, the Trust Agreement and this Purchase agreement will constitute legal, valid slid binding obligations of !• the City enforceable in accoru.nce with their respective termer 6 '• (b) The execution and delivery of thin Purchase ' ,Agreement, the Lease Agreement and the Trust Agreement, and compliance with the various provisions thereof, will !, not. conflict with, or constitute a breach of or default under, the City's dutias under said documents or any material law, administrative regulation, court decree, resolution, charter, by -laws or other agreement to which the City is subject or by which it is bound; (c) Except as may be roqulrod under the securities or blue sky laws of any state, there is no consent, approval, authrriaation or other order of, filing with, or cortitication by, any regulatory authority having jurisdiction over the City required for the consummation by the City of the other transactions contemplated by this Purchase Agreement; (d) There 1s no action, suit, proceeding or investigation at law or in equity beforo or by any court or governmental agency or body pending or, to the best knowledge of Lho City, threat3ned, against the City, nor to the beat knowledge ui the City is there any basis thorofos, to reetrain or enjoin the collection of the Lease Payments to be made pursuant to the Lease Agreement or in any way contesting or affect_ng the validity of this Purchase Agreement, the Trust Agreement, the Assignmont Agreement, the Certificates, or the Lease Agreement or contesting the powers of the City to enter into or perform its obligations under any of the foregoing; and, (e) The information under the headings "Estimates Use of Proceeds," "Description of the Projects," "The City," "City Financial Information," ^Absence of Litigation" contained in the Preliminary official Statement was, and in the Official statement is, true and correct In all material rospects and such information does not contain any untrue or misleading statement of a material fact or omit: to state any material fact necessary to make the statements therein, in the light of the circumstances under which they wero made, not misleading. 0017LAw The city hereby agrees to cooperate with the Underwriter in endeavoring to qualify the Certificates for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriter may requsstj provided, however, that in no event shall the City be required to take any action which would subjact it to general or unlimited service of process in any jurisdiction in which it is not now so subject. 4. The obligations of the Underwriter under this Purchase Agreement are and shall be subject to the receipt on or prior to the data of the Official Statement of copies of the most recent audited financial statements for the city, together with such interim unaudited financial information as may be reaconably requested by the Underwriter. S. At 9:00 o'clock a.m., California time, or December _, 1988, or at such other t:mo, or on such earlier or later date upon which the parties may mutually agree (the "Closing "), the Corporation will deliver or cause to be delivered to the Underwriter, at the offices of Joles Hall Hill 6 White, A Professional IoM corporation ( "Special Counsel "), Pour Embarcadero Center, San Francisco, Cnlifornia 94111, or at such other place an the parties may mutually agree upon, the certificates in definitive form (all of the Certificates to be lithographed with stool engraved border:), bearing CUSIP numbers, duly executed by the Trustee, rogistered in such names as the 'Jn....cwriter shall providu to the Trustue not leas than five business days prior to the Closing, together with the other documents mentioned heroin. All expenses In relation to the printing of CUSIP numbers on said certificates and the CUSIP Service Bureau chargo for the assignment of said numbers shall be paid frem proceeds of the sale of the Certificates. The Underwritor will accept such delivery and pa; the purchase price thereof as set forth in Section 1 hereof by certified or official bank check or checks in immediately available funds to the order of the Trustee, in an amount equal to the purchase price. The Certificates or temporary Certificates will be made available for chocking and packaging one bueineee day prior to the Closing at an office upon which the parties may mutually a,, _e. 6. The Underwriter hereby enters into this Purchase Agreement in reliance upon the representations and warranties of the City contained heroin and in reliance upon the representations and warranties to be contained in the documents and instruaonts to be delivered at the Closing and upon the performance by the Corporation and the City of their respective obligations hereunder, both on the date hereof and 0017LAW aw as of the date of the Closing. Accordingly, the obligations of the Underwriter under this purchase Agreement to purchase, to accept delivery of and to pay for the Certificctoa shall be conditiouad upon the performance by the corporation and the City of their respective obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and shell also be subject to the following ndditional Conditional (a) The representations and warranties of the City nontalned herein shall be true, complete and correct on the date of the Closing, as if made on and at the Closing; (b) At the Closing, the Trust Agreement, the Assignment Agreement, the Lease Agreement and the official Statement shall )love been executed and delivered, shall be in full force and effect and shall not have bean amanded, modified or supplemented except as may have boon agreed to in writing by the Underwriter, and there shall be in full force and affect such resolutions as, in the opinion of Special Counsel, shall be necessary in connection with th, transactions contemplated hereby; (c) The Underwriter shall have the right to cancel its obligation to purchase the Certificates if, between the date hereof and the closing, (1) legislation shall have been enactoC by the Congress of the United States or the legislature of the State of California or shall have been reported out of committee of either body or be pending in committee of either body, or a decision shall have boon rendered by a court of the United States or of the State of California or the Tax Court of the United Staten, or a ruling shall have been made or a regulation or temporary recpUntion shall have been proposed or made or any other release or announcement shall have been made by the Treasury Department of the United States or the Internal Revenue Service or by the California franchise Tax Board or by any other State of California agency or department, with respect to federal or California taxat.on upon revenues or other income of the oencral character to be derived by the corporation or upon .interast received with respect to obligations of the ger.eral character of the Certificates, which in the reasonable judgment of the Underwriter, materially and adversely affects the market for the Certificates, or (2) there shall exist any event which, in the reaaonable judgment of the Underwriter, either (1) makes untrue or incorrect in any material respect as of ouch time any statement or information contained in the Off£cirJ Statement or (11) is not reflected in the Official OOI7LAW Statement or (ii) is not reflected in the official Statement but should be reflected therein in order to make the statements and information contained therein not misleading in any material raspoct, or (111) these shall have occurred any outbreak of hostilities or other national or international calamity or crisis, the effect of such outbreak, calamity nr crisis on the financial markets of the United States being such as, in the reasonable judgment of the Underwriter, would make it impracticable for the Underwriter to market or enforce contracts for the sale of the Certificates, or (iv) t „ere shall be in force a general suspension of trading on the Now York Stock Exchange or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securiti ^_s shall have been required and be in force on the New York Stock Exchange, whether by virtue of a determination by that Exchange or by order of the Securities and Exchange Commission or any other governmental authority having jurisdiction, or (v) a general banking moratorium shall have been declared by either federal, California or New York authorities hating Jurisdiction thareover, or (vi) there shall be any material adverse change in the affairs of any of the Participants, or (vii) there shall be established any new restriction on transactions in securities materially affecting the free market for securities (including the imposition of any limitation on interest rates) or the extension of credit by, or the charge to the net capital requirements of, underwriters established by the New York Stock Exchange, the Securities and Exchange commission, any other federal agency of the Congress of the United States, or by Executive order, or any agency of the State of California having jurisdiction thereover, or (viii) an adverse evert affecting the project (as defined in the official Statement), the Corporation or the City occurs which, in the reasonable judgment of the Underwriter, requires or has required a supplement or amendment to the Off).c1al Statement; (d) At or prior to the closing, the Underwriter shall receive the following documents, In each case satisfactory in form and substance to the Underwriter and Underwriters counsel: (1) the final approving opinion, dated the date of Closing, of Special counsel, accompanied by a supplementary opinion of Special Cou..sel, dated the date of closing, substantially to the effect that (i) the Purchase Agreement has boon duly approved by the City; (ii) the statements contained in the Official Statement in the sections thereof entitled: "The certificates,” "Lease o017LAW Agreement." "Trust Agreement" and "Tar. Exemption" (insofar as such statements purport to summarize certain provisions of the legal documents and the Certificaten) present an accurate summary of such provisions; and (iii) the cortificutes are exempt from registration pursuant to the Securities Act of 1933, as amended, and the Trust Agreement is exempt from qualification as an indenture pursuant to the Trust Indenture Act of 1939, as amended; (3) the opinions of counsel for the City, dated the date of Closing, to the effect that (1) the City is a municipal corporation and general law city duly organized and validly existing under the Constitution and laws of the State of California; (ii) the official Statement has been duly authorized, executed and delivered by the City and the infozmation therein as to the City and the City's obligations under the Trust Agreement and the Lease Agreement is correct and does not omit any statement which, in such counsel's opinion, should be included or referred to therein; (iii) the resolution of the City approving and authorizing the execution and delivery of the Official Statement, the Trust Agreement, the Lease Agreement and approving this Purchase Agrepmont was duly adopted at ono cr more maetinga of the city council of the City (the "Governing Body") which were called and held pursuant to law and with all public notice required by law and at which a criorum was present and acting throughout; (iv) the execution and delivery of the Trust Agreement and the Lease Agreement or the approval of this Purchase Agreement, and compliance with the provisions thereof, under the circumstances contemplated thereby, do not and will not in any material respect conflict with or constitute on the part of the City a breach of or default under any material agreement or other instrument to which the City is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the City is subject; (v) the Trust Agreement, the Lease Agreement and this Purchase Contract have been duly authorized, executed and delivered by the City, and constitute legal, valid and binding agreements of the City enforceable in accordance with their respective terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, the application of equitable principles where appropriate or other laws affecting the enforcement of creditors' rights generally; and (vi) no authorization, approval, consent, or other order of the State of California or any other governmental authority or agency within the State of California is required for the valid authorization, execution and delivery of the Trust Agreement, the Lease Agreement, the official Statement and 0017LAw this Purchase Agreements except that no opinion regarding the financial condition of the City shall be rendered by such counsel. The counsel for the City in rendering such opinions as saferred to in Sections (2)(11) and (iv) alone, may reasonably rely upon such representations, statements, and where appropriate, certificates, as may be furnished by officials of the City having responsibilities with regard to the activities referred to in the aforementioned Sections; (3) a certificate of an authorized officer of the Trustee, dated the date of Closing, to the effect that (i) the Trustee is a banking corporation duly organized and validly existing under the laws of the State of California; (ii) the general signature resolution of the Trustee approving and authorizing tie execution and delivery of certain documents by certain officers of the Trustee, which resolution authorizes the execution and delivery of the Certificates, the Trust Agreement, the Assignment Agreement and the acknowledgement of this Purchase Agreement, was duly adopted at meetings of the governing body of the Trustee; (111) there is no action, suit, proceeding or investigation at law cr in equity before or by any court, public board or body, pending or, to the best knowledge of such authorized officer of the Trustee, threatened against or affecting the Trustee to restrain or enjoin the execution or delivery of the Certificates or the collection of revenues pledged under the Assignment Agreement or the assignment of the Lease Payments under the Assignment Agreamait, in any way contesting or affecting any authority for the execution and delivery of the Certificates or the validity of the Certificates, the Trust Agreement, the Assignment Agreement, the Lease Agreement or this Purchase Agreement, or in any way contesting the existence or powers of the Trustee with respect to the sale of the Certificates or the security therefor wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by the Trust Agreement, the Assignment Agreement or the Lease Agreement or the validity of the Certificates; (iv) the execution and delivery of the Certificates, the Assignment Agreement and the Trust Agreement and compliance with the provisions thereof, under the circumstances contemplated thereby, do not and will not in any material respect conflict with or constitute on the part of the Trustee a breach of or default under any agreement or other instrument to which the Trustee is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Trustee is subject; and (v) the Trust Agreement and the Assignment Agreement have been duly authorized, 0017LAW executed and delivered by the Trustee and constitute th ants of the Trustee, e a th valid and binding agreem in accordance with their terms, except ee enfooreaeother thereof may he limited by bankruptcy, insolvency, laws affecting the enforcement of creditors' rights generally; (y) the opinion of B-:chal':sr, Nemerr, Fields 6 Younger, a Professional Corporation, Los Angeles, California, counsel for the underwriter, dated the data of the closing, to the affect that (i) exempt from registration under the Seeuritiea Act of 193], as amended, and the T:r't 7.greement is exempt from qualification Si) nothing has indenture Act Of attentions amended, and (ii) which would lead them there£romvthe financial statements Statement (excluding and the statistical data included in the Official Statement, as to which no opinion Woad be expressed) contains an untrue statement of a material fact or emits or to state a material fact required to be stated t light of necessary to make the statements therein, in the circumstances under which they were made, not misleading; (6) a certificate or certificates, dated the date of Closing, signed by counsel to the City in form and substance satisfactory to the Underwriter, toathbased effect that to the best of his or her knowledge, on and limited to tcertificates, as mays betfurnishednby where appropriate, ant Navin responsibilities with of ficiala of the Particip ending or regard to the following: (i) no 1 tigatiisEpendin threatened to restrain or enjoin the payment in an wa Payments pledged ndar thheTrust ity of the certificates, contesting or affecting the Lease Agreement, thiB Trvst Agreementt,orhin any way Assignment Agreement or contesting the oxistance or powers of the City; end (il) no event affoctiny the City has occurred Gins the data of the Official an),lmaterialnrespect ae ofrthekdataof untrue or sing any in any p the City Closing any statement Official or istatement concerning contained in the Official Statement or is not rthereind in the Official Statement but should be reflected stein and concerningathe citytnotmmisleadingnin anyimaterial respects (6) a certificate of the finance director or similar official of the City, dated the date of the 0017LAW Closing, substantially to the effect that nothing has come to his or tier attention which would lead said official t-i believe that, as to the financial information and statistical data relating to the city included in the official Statement, the material contained therein relating to the city contains any untrue statement of material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein., in light of the circul%stancas Lnder which they wore made, not misleading, said certificate otherwise being in form and substance acceptable to Special Counsel and counsel to the Underwriter; (7) a certificate of an authorized officer of the Corporation, dat -ad the date of closing, oration is substantially to the efi.:ct that: (i) corporation MMating public benefit corporation duly organized and ating under the laws of the State of California, with the full power and authority to enter into and perform the Trust Agreement, the Assignment Agreement and the Lease Agreement and to approve this purnbaoa Agreement, to cause Pvli+osy of the Certificates pursuant to the Trust Agreoment and this purchase Agreasentat and tocar Purchaseand consummate the trensactions contemp bY t Agreement, the Trust Agreement, the Assignment Agreement, the Laase Agreement and the official Statements (11) to investigation, th& execution corporation, tion anddeliv after eryOf the Trust Agreement, the Lease Agreement, the Assignment Agreement, the Certificates and the approval of this Purchase Agreement, and compliance on the Corporation's part contained with the provisions therein, will not conflict with or constitute a breach of or default under any law, administrative regulation, judgment, decree, loan agreemant, indenture, bond, note, resolution, agreement or other instrument to which the Corporation is a party or is otherwise subject, nor will any such execution, delivery, adoption or compliance result in tr creation or imposition of any lien, charge or .er security interest or encumbrance of any nature whatsoever upon nny of the properties or assets of the Corporation under the terms of Isuch law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument, except as provided bl the Trust Agreemont and the Lease Agreement; (iii) to the best knowledge of the Corporation, there is no action, suit, proceeding, ingtiry or investigation, at law or in equity, be' ^re or by any court, governmental agency, public board or body, pending or threatened against the Corporation affecting the existence of the Corporation or the titles of its officers to their respective offices or 0017LAw 10 in any way contesting or affecting the validity or enforceability of the Trust Agreement, the Lease Agreement, the Assignment Agreement, the Certificates or this Purchase Agreement, or contesting the powers of the Corporation or its authority to issue, enter Into, adopt or perform its obligations under any of the forego.ng, wheroin an unfavorable decision, ruling or flndiny would materially and adversely affect the validity or enforceability of the Trust Agreement, the Lease Agreement, the Assignment Agreemant, the Certificates or this Purchase Agreement; and (iv) the Corporation will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in order (A) to qualify the Certificates for offer and sale under the blue sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate and (8) to determine the eligibility of the certificates for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualification in effect so long as required for distribution of the Certificates; Provided, however, that in no event shall the Corporation be required to take any action which would subject it to general or unlimited service of process in any jurisdiction in which it in not now so subject; (A) copies of the Trust Agreement, the Assignment Agreement and the Lease Agreement, in each case duly executed by the parties thereto; (9) definitive copies of the official Statement, executed on the behalf of the City by the designated authorized representative of the City; (10) certified copies of the general resolution of the Trustee authorizing the execution and delivery of certain documents by certain officers of tho Trustee, which resolution authorizes the execution and delivery of the Certificates, the Assignment Agreement and the Trust Agreement and the acknowledgment of this Purchase Agreement; (11) certified copies of the resolution of the Governing Body of the City authorizing the execution and delivery of the Trust Agreement, the Lease Agreement, the official Statement and approving this Purchase Agreement; (12) copies of the Articles of Incorporation of the Corporation and certified copies of 0017LAY 11 the Corporation's by -laws and resolutions of its Board of Directors authorizing the execution and delivery of the Trust Agreement, this Lease Agreement, the Assignment Agreement and approving this Purchase Agreenant; (13) the opinion of counsel to the Corporation, dated the date of the Closing, as to the due authorization, execution and delivery by the Corporation of the Lease Agreement, the Assignment Agreement and the Trust Agroament, as to the legal, valid and binding nature thereof and ns to the enforceability thereof in accordance with their terms, except to the extent that enforcement thereof may be limited by bankruptcy, reorganization, insolvency, moratorium or other laws or equitable principles affecting the enforcement of creditors' rights generally, said opinion otherwise being in form and substance acceptable to Special Counsel and to counsel for the Underwriter; (14) evidence (whether written or telephonic) satisfactory to the Underwriter that the Certificatos have been rated " " by Moody's Inventors Service; and (15) such additional legal opinions, certificates, proceedings, instruments r•.i other documents as the Underwriter, counsel to the Underwriter or Special Counsel may reasonably request to evidence compliance by the Trustee, the City and the Corporation with legal requirements, the truth an.. accuracy, as of the time of Closing, of the representations of the City and the Corporation heroin and in the Official Statement and the due performance or sctisfaction by the Trustee, the City and the corporation at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the Trustee, the City and the Corporation. If the City shall be unable to satisfy the conditions to the obligations of the Underwriter contained in this Purchase Agreement or .f the Underwriter's obligations shall be terminated for any reason permitted herein, this Purchase Agreement shall terminate and neither the Underwriter nor the City shall have any further obligation hereunder. 7 All reasonable expenses and costs of the City and the Corporation incident to the performance of its obligations in connection with the execution, delivery and sale of the Certificates to the Underwriter, including the cost of printing of the Certificates (and full execution thereof), the Preliminary Official Statement and the Official Statement, in 0017LAw 12 N reasonable Quantities, fees of consultants, fees of rating agencies, CDSSP Service Bureau fees and charges, s and cha -ges of Special Counsel, and fees and expenses fees the T, :ee, counsel for the City and Counsel for the Corporation, 1 be paid by the City. All expenses to be paid by the pursuant to this Purchase Agreement may be paid from C.,c..ificate proceeds to the extent permitted by the Trust Agreement. Except as indicated above, all other o -Jt -of- pocket oxpsnscs of the Underwriter, including traveling and other expenses ane the fees and expenses of their counsel, shall be paid by the Underwriter. S. to the Underwriter may ibe given by deliveringithe tsame given writing to Stone i Youngberg, One California Street•, San Francisco, CA 94111, Attn: Municipal Finance Department. The approval of the Underwriter when required hereunder or the determination of their satisfaction as to any document referred to heroin shall be in writing signed on behalf of Stone G Youngberg and delivered to you. 9. The Underwriter, Stone 6 Youngberg, represente with respect to the Certificates and this Purchase Agreement as follows: (a) the Certiricatca may be initially offered when the Underwriter and the City have executed and the corporation has approved this Purchase Agreement; (b) on salesUtoe(I) securities iesdealersal (i banks or divisions or departments of banks (ii) dealer banks or broker - dealers which (A) are registered)asoreign broker - dealers under the Securities Exchange Act of 1934 and agree in making sales of the Certificates in the United States of America that they will comply with the rules of the Municipal Securities Rulemaking Board, or (B) if not so registered, agree that they will not sell any Certificates in the United States of America, its territories or possessions, or to persons who are citizens thereof or residents therein, and in making other sales agree to comply with the Rulas of Fair Practice of the National Association of Securities Dealers; offering (c) the Underwriter may change the public 4 price and, in general, or in such specific cases as it may determine, any concession, commissions, allowances or reallowances; (d) V.4 Underwriter agrees to mail or deliver an Official Statement to each person who purchases 0017LAW 13 ♦f Certificates with or prior to final written confirmation of the sale to „such parson; registered (a0 atbrokeredbaler or ea municipal that d7 al,%r under the Securities Exchange Act of 19741 and, act ( ) thl Underwriter shall not be liable with ree to ( P _) the issi;e, form„ genuinoness, validity, legality, enforceability or value of, or title to, the certificates, (Si) the •.alidlty of any instrument under or pursuant to which the Certificates may be issued, (i11) any representations in the Purchase Agreement, (iv) the accuracy or completeness of the Preliminary Official Statement or the Official Statement,-any memorandum, brochure or agreement, or any statements, reports or letters cf othe_a in connection with the Certificates, (v) the delivery of the Csrtificatus or the performance by the City "or others of any agreement an its or their part, or (vi) the qualification or registration of the certificates for sale, or the legality of the Certificates for investment under the laws of any Jurisdiction. Tile Underwriter shall not (except for such liability as it may have as an underwriter) be liable under any obligations, either express or implied, which are not herein expresaly assumed. 10. This Purchase 4greament is made solely for the benefit of tho Trustee, the city, the Corporation and the Underwriter (including the succesaors or assigns nf. the Underwriter) and no other persons, partnerahip, association or corporation shall acquire or have any right hereunder or by virtue haroof. All covenants and representations of the City in this Purchase Agreement shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter and shall survive the delivary of and Payment for the Certificates. 00171.Aw 34 " , laws of the StaThis pulchforniareemont shall be governed by the and Performedte in such State. applicable to contracts made 12. This Purchase Agreement may be executed in several counterparts, each of which shall be an criginal and all of which shall constitute but ono end the same instrument. Approved: RAN CHO CODA PUBLIC RPORATION By: Pres dent Receipt Acknowledged By: BANK OF AMERICA NATIONAL TRUST ANO SAVINGS ASSOCIATION By: 0017LAN is STONE 6 YOUNGBERG By; Partner CITY OP RANCHO CUCA11ONGA By;_ City-, Manager 4 EXHIBIT A Maturity ( 1) F'rinclnal Amount Interest Rate • Final Maturity. 0017LAW 16 Mr. ARTHUR FRANK SANFORD PUBLIC INTEREST SCHOOL OF LAW 3894 Villa Drive Rancho Cucamonga, CA. 91701 (714) 980 -8559 CHRONOLOGICAL EVENTS 1. June 1, 1988 1978 Chevrolet Monza, Blue, no license plates, towed from library parking lot at Lions Center. Parked there for at least two weeks with "For Sale- sign in the winduw. Library representative called the owner of the vehicle Mr. Sanford twice to rmmove it, he refused. Sheriff's Department contacted and Deputy contacted Mr. Sanford. He still refused to move it. He, "didn't have a key." He advised the Deputy the the officer would be *stealing- his property. The officer stored the car as abandoned. 2. June 11, 1968 A Demand for Release /Return of Unlawfully Seizad Property submitted by Mr. Sanford to Deputy Allen and Sgt. Ingram. No response by station or deputies was submitted. Alsol Same date, Mr. Sanford submitted a document headed, Attentions Conspirators /Interveners In Trespass, addressed to Sgt. Ingram, Deputy Allen and Marshall McKnight Towing. Thia docuraor,t purported to list legal decisions resultant of 4th. Amendment decisions relative to administrative search and seizures. Aloof attached was a document *Declaration of Do Jure Natural Individual* which defines Mr. Sanford as a "more traveler- upon the highways and excluding him from the jurisdiction of the Department of Motor Vehicles and California Vehicle Code. A semblance of proof of service was submitted with these documents. 3. June 15, 1988 Sheriff's station received a phone call from Marshall McKnight Towing advising that Mr. Sanford had mailed them damands also. Mr. Sanford wanted them to release his vehicle without paying the towing and storage fees. He threatened to fun them for 020,000 and said that he had won similar suite on three prior occozions. 'r. 4. Juno 15, 1988 TOW HERRING HELD AT MR. SANFORD'S REOUC- -ST FINDINOi a. Vehicle had been abandoned for more than two weeks. b. Vehicle had not been registered since 6- 22 -87. C. Mr. Sanford had refuse to move the vehicle after notification by peace officer. 5. June 28, 1988 Letter of Receipt from Mr. Sanford to Sgt. ngram concerning Tow Hearing. Mr. Sanford announces that the latter sent to him au a result of the Tow Hearing that the letter was °frivolous" and "without Jurisdlctlon" because the code sections cited arm not applicable to him or his vehicle. S. July 11, 1988 Mr. Sanford's vehicle again at the library and had been tapped by City Code Enforcement officer as abandoned on 7 -6- 88. No liconsm plates on vehicle. Vehicles was stored as abandoned. 7. July 14, 1980 Another Demand for Release %Return of Unlawfully Seizes Private Property. Addressed to Deputy Wolff, Lt. Pepplar and Capt. Gilmore. No action taken. 8. July 15, 1988 Mr. Sanford appeared at ShOriff's Office demanding to file a Stolen Vehicle Report listing the Sheriffle L`epartment as the suspect. Instead, he was cited for having an unregistered vehicle after admitting that he drove the vehicle to the library. He was given an spposrar,* date of August 12, 1988. Mr. Sanford appeared in court with new registration and therefore the case was diumissed. 9. November 2, 1988 City Council Meeting Arthur Frank Sanford 63 5894 Villa Drive Rancho Cucamonga, Ca City Council Clerk 9320 Baseline Road Suite C -3 Rancho Cucamonga, Ca October 24, 1988 Council Clerk: Q�Q Arthur Frank Sanford will address the City Councily on the Issue of the un7awfull deprival of his personal automobile �y :he Sheriff's Department on the unlawful ground that it was a vehicle of a type required to ba registored and licensed by the city of Rancho Cucamonga, even though it was not being used as a commercial vehicle for hire to the general public for the transportation of persons or property for profit or compensation. Any vehicle which is not for hire or use9 /operated as a commercial vehicle but only for personal travel may only be confiscated /impounded and taken from the possess- ion of the lawful owner only by due process of law which would require a court order after a hearing. It is the intention of Arthur Frank Sanford to ask the Council to order an ad hoc committee to investigate the unlawful taking of Mr. Sanford's private automobile, as the City of Ranch Cucamonga has the liability when any property is unlawfully taken without due process. Arthur Frank SAnfo Cir L OCT 2 v ldad iA6i9i�ihil�ili��3t4i6 A COMMUNITY AWARENESS & INVOLVEMENT The gual of the Orange County Jt ile Connection Project is to organize the community, to support our youth-at-risk and help crane that they become productive citizens. Orange County is a wcWrhy county in terms ofabundant minim tmedical xhool, educational programs, legal services, crisis her lines, erc.). Unfostumately, these naourcm and services are not coord:uted and have nor been operating at their full potential. Duplication of efforts hat occurred and many of chose who need the scrvim don'c know where to locate them. The burden on the rocs - supported agencies has been t rr%endous. By organizing and coordinating our professionals and resources from the prime sector, we thereby lessen the burden on them public agencies, thus increasing their efficiency On October 1, 1987, the Juvenile JurJse Contmisss'on convened a countywide delinquency prevention conference to which mprescontim from business, govcromenr, the clergy, edttn- tion, law enforcement, service providers as well to concemed community, leaden and privite citizens attended. The objectives of this conference wee: 1) To introduce the Orange County Juvenile C— inectwn Pro)ecr. 2) To assemble select community leaden from the business, private and public sectors who as concerned with )routh issues rf Orange County. s) To assemble prtnm and public resources who will be identifying potential youth. ar -risk or providing services. 4) To generate support for the project by identifying potential Board members, support committm, service providers, and finracai contributors. Since the October l event the Board of Directors hu formed, a non -profit corporation pursued, funds generated, and a professional resource bank begun. The United Way of Orange County bat shown their support by donating office space to the OCJCP during the developmental phase. BENEFITvOFOCJCP TO THE COMMUNITY OCJCP can help you by helping to I Save in dollars. 2 Make the community safer. i Restore young people to their piacv m mponsible members of the community In 1980 Lus Angeles formed the first Juvcnde Justice Connection Pmjat (JJCP). This exemplary program onus lauded by the Id County Grand Jury, California State Assembly and the Rand Corp. Study of the Juvenile Justice System. In 1984 Gov. Dcukmeiian signal the Nolan Bill (AB2761) to encourage replication of this program throughout California. Other cuunrim char have followed suit use: Alameda. Ventura, and Humboldt. WHY DOES ORANGE COUNTY NEED OCJCP) In 1985, almosr 18,000 juveniles were arrested in Orange County. In 1986 tF` county expetier.:ed serious problem wins overwading in Juvenile Hall and it is pruiectcd that in 1987 the ovetemwded can ditions wi!l increasedratnaricslly. It ants the county $53 amonth to supervise a juvenile on pmbanon, 370 perday to house a youth at juvemle Hall and S30,000 per year to confine a young offender at a state cormcional facility. By following the succas5d model in Ios Angeles, OCJCP anticipate that implemenution of the project will gmdy reduce the number of delinquents placed yearly in Juvenile Hall or detention camp. The savings to tupayrn will be enormous. OCJCP can assist young people to become produrdvt members of society instead of entering or remamng in the juvemle iwticc system a ware of potential talent for out community. PROGRAM SUMMARY WHAT IS THE ORANGE COUNTY JUVENILE CONNECTION PROJECT (O(JCP)? A non -profit referral ceatcr forme! In response to the issue of rising youth crime in Orange County. The project was initially sponsored by she Orange County Board of Supervisors, the juvenile Justice Commission. and the Probation Dcpzmmcnc. It eervts as a connector between youth-it -risk and community service agencies. A bank of resources is maintained and a simple of services offered range from alcohol ummene to telephone hotlines and free deral work. The program is designtd to inch young people and prevent their entrance into thr jusenlle Justice system. WHAT 1S THE PURPOSE OF THE OCJCP? To prevent yiuthful crime by confronting and dealing with the root causes of delinquency. HOW IS OQCP DIFFERENT kROM OTHER PROGRAMS? The OCJCP works with existing programs fey serving as a referral center. Not everyone knows who to all or where to turn when youth emergeucies arise. OCJCP will serve as the one central clearing house where all children, no matter them need (physical. educational, psychological, fanny, vocational, fstsancial, social), my be referred. VjMO IS SERVED? The youth In Orange County. Anyone may refer a juvenile in need to OCJCP family members, school teachers and principals, doctors, policemen, courts, and concerned citizens WHAT IS THE FUNCTION OF OCJCP? • To ident the needs of youth- atrisk. • To connect youth-at-risk and their families with existing public, non-profit and private community reourca. • To maintain a resource brisk of professional, private and public service providers. • To save the raxpayen money by curbing the amount spent on juvenile delinquent care. ~ GL'"Wi LF:CUUT1:H &—j 1" XLtlI'LAa SL�III\ ASSEMBLY BILL No. 2761 Introduced by Assembly hirmber Nolan February 7, 1884 An act to amend Section 702 of, and to add Article 5.3 (commencing with Section 1785) to Chapter 1 of Division 2.5 of the Welfare and Institutions Code, relating to youths Lteul l-nve COUNSELS DIGEST AB 2761, ns Introduced, Nolan. Youths. Existing law aathonZes a court, prior to hearing evidence cn the proper disposition of a minor whom the court has found to be a person who May be declared to be a dependent child or w:.rd of the juvenile court, to continue the hearing for various purposes, not to exceed 10 Judicial days if the minor is detained, and up to 30 days from the date of the filing of the petition if the minor is not detained. The hearing may be continued for an additional 15 days, for good cause shown, if the minor is not detained. the minor This bill also would authorize-such a continuance to refer as defined. The bill would require then Direator of the program, Authority, upcn request, to provide technical assistance to various specified persons and groups in developing ands implementing those programs, u well as to administer the funding of selected Juvenile Justice community resource programs, as specified.' Vote: malonty. Appropriation: no. Fiscal committee: yes. State - mandated local program' no 0 0 EXTRACT FRCbi 71M K'EI.pARE 4 MMTNfICHS CODE DIYISIQN 2.5 Yamis CHAPTER 1. THE Y=H AD MRM ARMLE 5.2 EfC. Article S.2 Juvenile Justice Comrrmity Resource programs (Added by a^ ^tau. 1984, Ch. 17S2) 2780. Purposa. The legislature finds and declares all of the following: (a) That the mobilization of community resources to assist in providing youthful offenders with necessary educational, ps rlhological, medical, and other services which relate to root causes of delvquency is vital. @) That due to increase and heavy cueloeds, probation officers cannot be expected to assume the full burden of providing necessary services to youthful offenders. (c) That addressing the root causes of delinquent behavior in a cost - effective mmmer yields enormous societal benefits in the prevention of future criminality and the integration of the offender into productive society. (d) That by ancouraging cosnmmity pparticipation, programs such as the Juvenile Justice Connection. Project in Los Angeles County have achieved great success in providing services to young people'at a substantial savings to the r taxpayer. to implement similar projects throughout the state should be encouraged and supported. 1780. Z. plogrcm. (a) The Director of the Youth Authority shall, upon request, provide technical assistance to judges, probation officers, law enforcement officials, school administrators, welfare administrators, and other public and private organizations and citizen groups concerning the development and LGrlementation of juvenile justice community resource programs @) As used in this article, "juvenile justice cm comity resource program" means a program which does both of the following: (1) Develops a directory or ban:: of public and private agencies, practition- ers, and other coamamity resources to offer services that are needed by youth - f l offenders, including, but not limited to, medical, psychological, educational, recreational, and vocational services (2) Provides diagnostic screening for youthful offenders referred to the program and matches the offender with a provider of services. (c) As used in this article, "youthful offender" means a person described by Section 601 or 602. 2784 2, Amding (a) The Director of the Youth Authority shall provide grants from funds made available for this purpose, for the development, r.-plerentation, and support of juvenile justice ccmmunity resource programs. @) Any public or private nonprofit agency that does not directly deliver senzces may apply to the director for funding as a V venile justice community resource program pursuant to this article (c) rurding may consist of organizational and program grants (4 C(1) As used in this article, "Organizational grants" means grants for the purpose of funding community organization efforts in order to develop a bank of public and private agencies, and other commuity resources, to provide services needed by youthful offenders and to provide financial support to the referral program. An applicant ray naive only one organizational grant, which may not exceed thirty thousand dollars ($30,000). (2) As used in this article, 'program grants" means grants to support the operating costs of the referral programs. A program grant may not exceed fifty thousand'dollars ($50,000) per applicant per year. As a further 1_mitation, beginning in the second year of the program grant, the amount of the program grant may not exceed a prescribed percentage of the referral programs operating budget, as follows: 50 percent in the second year of the program grant, 33 percent In the third year, 25 percent in the fourth year, and 20 percent in the fifth and subsequent years of the program grant. (d) The director shall consider all of the following factors, together with any other circumstances he or she deems apprapriate, in selecting applicants to receive funds pursuant to this article. (1) The stated goals of applicants. c(2) The number of youthful offenders to be served and the needs of the (3) Evviidence of community, support, including, but not limited to, business, labor, professional, educational, charitable, and social service groups. (0) • In addition to the factory specified in subdivision (d), in selecting applicants to receive program grants, the director shall also consider all / the following: l (1) Description of the number and type of service providers available. (2) Existence of support and involvement by participants in the local juvenile justice system, including law enforcement, probation, prosecution, and the judiciary (3) The organizational structure of the agency which will operate the program. (4) Specific plans for meeting the percentage of local funding of operating costs as specified in paragraph (2) of subdivision (e). (f) After consultation with the advisory committee, and upon evaluation of all applicants pursuant to the above criteria and any other criteria established by the advisory committee, the director shall select the public or private nonprofit agencies which he or she deems qualified to receive funds for the eztabiishment and operation of the programs. (g) The initial evaluation, selection, and funding of applicants shall take place prior to January 1, 1986, (h) Upon establishTent of the programs, he director shall conduct appraisals of their performance and shall issue a report on their performance to the Legislature in January of each year Programs shall be determined to have performed satisfactorily in order to qualify for continuation grants In evaluating the performance of the programs, the director shal: cc cider, a*sr.6 other things, nil of the following (.) The nLr6er and type of service providers assembled (2) The number of client- referred to the program by the jtnr:i_e court or probation department 03) • ^'e ntrber of clients screened b.• the prograr 2. Y' lr (4) A description of the ruanber of clients who received serrices and a C %f drsr_tipticn of the qpe of services delivered. x' (5S Ertbates of a aarket value of the services provided. c, (6, TP.e axurt mid sources of local finding. L7B�.7. Ac'm ors eavai9taa. The Director of the Youth Authority shall appoint m eight - marker advisory comaittee as ca=nny resource referral paw stto O lncludim or her m antlers relating to this particle. committee charitable, edkzticnalt, 8mdasocial service gr%Vs,las well as those viro'rking r within tho Juvenile Justice aystem. The neroers of the committee shall be entitled to their reasonable expenses, including travel expenses, incurred in the discharge of their duties. MCC Ftmding. The director my accept fiords and grants from any sourco, public or privaze, to assi_.t in accarplishing the purposes of this article. e. I a R .M6.CSA Youth Come In CalltomIc and Juvenile Justice A Report to the L09151ature Peter W. Greenwood Albert J. Upson Allan Abrahomse, Ranklin «imrinp June 1983 Prepared for the CalHomia State Assembly 35th Raeodl In 1983 the California State Assembly contracted with the Rand Corporation to research and evaluate the current practices of the Juvenile Justice System As it relates to youth crime. Among many issues and programs cited, the Juvenile Justice Connection Project, located in the San Fernando Valley, was recognized as one of the most efficient methods of "...utilizing a groater variety of community based resources that can respond to the needs of juvenile offenders whose records and behavior are not serious enough to require some fort, of restrictive placement. The following are excerpts from the Rand report discussing the merits of the Juvenilo Justice Connection Project: "It is our improssion that in many jurisdictions there is an unfulfilled need for community based services that can addruns the wide variety of problems exhibited by less serious delinquent youths. Special school placements or testing for learning disabllities, medical diagnostic and referral services, job counseling and training, emergency housing facilities, supervised recreation, and crisis hotlines are but a few of the services that many delinquent yout,',s need. However, in a time of restricted local governmental budgets and fewer federal grants, these are just the kinds of services that are frequently being cut or certainly made more difficult to find. There is little doubt that the inability of juvenile courts to find appropriate programs to address the problems of the leas serious delinquent youths contributes to the continuation of their delinquent behavior, requiring more drastic and expensive intervention at a later date. " ..The principal difference between what the Connection Project offers and traditional probation services is a strong entre- preneurial spirit and emphasis on community programs. The success of the Connection Project in mobilizing resources apparently comas from its concerted efforts to involve influential community leader.^ in finding or instigating new programs by placing them on the govb_..ing board of the project. The board includes legislators, chamber of commerce, union, medical, school and major industry representatives. These people have the necessary clout and interest to see that road- blocks to effective programming are overcome, including convincing the public that this :s not just another project to coddle delinquents. The project depends heavily on the enthusiastic support and capabilities of the people Judge Nebron has identified as movers and shakers in the school system and business community. Consequently, it is difficult to recommend exactly how to transfer the experience provided by this project to other jurisdictions. Success will again depend on the capabilities, interests, and contacts of those who are motivated to pursue it. At a minimum, the Connection Project demonstrates that �t is possible to locate and utilize a variety of commdnity programs that are not available within traditional juvenile justice agencies. The experienco of the project provides some useful insights as to how other communities might proceed end also illustrates the amount of advocacy effort that such a program requires."