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1984/03/21 - Agenda Packet
LL c `c^A+o,~ Z~ i 7n a ^ ... O A ~ ~ z U > . 1977 4~' ~ RAIVC~IO CIK;AMONGA CITY COLJNGTL AGF.NI]~ Lions Perk Community Center 9161 Base Line Road Rancho Cucamonga, California March 21, 1984 - 7:30 p.m. All items submitted for the City Counc ll Agenda must be in writing. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The Ci[y Clerk's Office receives all such items. • 1. CALL TO ORDER A. Pledge of Allegiance to Flag. R. Roll Call: Auquet Dahl . Frost Schlosser , and Mikels C. Approval of Minutes: February 1, 1984 March 7, 1984 2. ANNOUNCEMENTS/PRESENTATIONS A. Thu raday, March 22, 1984, 7:30 p.m. - ADVISORY COMMISSION, Rancho Cuc amonge Neighborhood Center, 9791 Arrow Highway. e. Wednesday, March 28, 1984, 7:00 D.m. - PLANNING CODDIISS ION MEETINf„ Lions Park Community Center. C. Thursday, March 29, 1984, 7:00 p.m. - CANDIDATE'S FORUM, Lions Park Community Centex. City Council Agenda -2- March 2I, 1984 3. CONSENT CALENDAR The following- Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by ` the Council at one time without discuss ion. A. Approval of Warrants, Register No's. 84-3-21 and 1 Payroll ending 3/4/84 for the total amount of $379,824.66. B. Forward Claim No. CL 84-09 against the City by Thomas 5 G. Cline [o the Ci[y Attorney and Insurance Carrier for handling. C. Alcoholic Beverage Application No. AS 84-06 for On-Sale 18 Beer b Nine Eating Place License, Thomas L. Green, 11871 Foothill Boulevard. D. Request authoriza[lon to obtain Master Charge Card. 19 E. Approval of Subordination Agreement requested by Andrew 28 Barmakian for Parcel Map BI00, located on the north side of Foo [hill Boulevard, east of Ramona Avenue. • RESOLUTION N0. 84-64 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM ANDREW BARMARIAN AND AUTNORI2INC THE MAYOR AND CITY CLERK TO SIGN SAME F. Approval of a Real property Improvement Contract and 33 Lien Agreement for Tract No. 12320, subm it[ed by Barclays-Terre, located a[ the southeast corner of Archibald Avenue and Victoria Avenue. RESOLUTION NO. 84-65 l8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM BARCLAYS-TERRA FOR TRACT N0. 12320 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME G. Approval of Agreement with Lowy Development for Base 39 Line Improvements to con~une[San with Trace 11350. r1 ~J City Council Agenda -3- March 21, 1984 H. Release of Bonds: 48 Capital Improvement Project - Base Line Overlay (43-20-51); owner, Fontana Paving. Labor and Nacerial Bond $27,48(.00 Parcel Map 5269 - Located on Hillside Road at Moonstone; owner, H A S Properties. Faithful Performance 0ond (Road) $40,500.00 RESOLUTION N0. 84-66 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING TAE PUBLIC IMPROVEMENTS FOR PARCEL MAP 5269 AND AUTHORIZING THE PILING OF A NOTICE OF COMPLETION FOR THE WORK I. Recommend transfer of unappropriated reserve funds co 51 city facility reserve fund and park acquLei[fon and development reserve funds. • J. Approval of a quitclaim for a portion of Eighth Sc rest 53 a[ Haven Avenue, vacated by Resolution No. 83-99 to the adjacent property owner, Cadillac Fairview/California, Inc. RESOLUTION N0. A4-67 58 A RESOLUTION OF THF. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIPORNIA, ORDERING TO BE gUITCLAIMED A PORTION OF EIGHTH STREET AT HAVEN AVENUE K. Approval of a Resolution amending Section 3 (Holidays) 59 of current salary resolution to make present resolution consistent with chose in the pas[. RESOLUTION N0. 83-1820 60 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENTS TO THE SALARY RESOLUTION NO. 83-I82 City Council Agenda -4- March 2L, 1984 • L. Sec public hearing on April 18, 1984 for intent [o Annex Tract 11013, 11797 and L2320-1 to Street Lighting Maintenance District Nos. 1 and 2 as Annexation No. 2. RESOLUTION N0. 84-68 A REEOLUTION OF THE CITY COUNCIL OF THE CLTY OF RANCHO CUCAMONCA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0. I RESOLUTION N0. 84-69 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, DECLARING LTS INTENTION TO ORDER TIIE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNERATLON N0. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OP 1972 AND OFFERING A TIME AND PLACE FOR HEARING • OBJECTIONS THERETO RESOLUTION N0. 84-70 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF f,ITY ENGINEER'S REPORT FOR ANNEXATION N0. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 RESOLUTION N0. H4-71 A RESOWTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2, AN ASSESSMENT DISTRICT: DES ICNATING SAID ANNEXATION AS ANNEXATION N0. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2; PURSUANT TO THE LANDSCAP LNG AND LLGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO M. Set public hearing on Ap rii I8, 1984 for intent [o Annex Tracts 1lOl), 12320-I and 11797 as Annexation No. 17 co Lendecape Maintenance Die cric[ No, 1. 61 65 74 76 83 85 City Council Agenda -5- March 21, 1984 RESOLUTION N0. 84-72 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 17 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 RESOLUTION N0. 84-73 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 17 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OP 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 4. ADVERTISP.D PUBLIC HEARINGS • A. CABLE TELEVISION FRANCHISE ORDINANCE - The City Count 11 vi 11 condo[[ a public hearing regarding an ordinance vh ich prov Ides for the eatabliehmenc and granting of ca61e [e levision franch isea or privileges for the cons [ruction, maintenance and operation of cable communicac ion vithSn [he Ci[y of Rancho Cucamonga. I[em continued from March 7, 1984 meeting. ORDINANCE N0. 220 (second read ing) 98 AN ORDINANCE OF 2HE CITY OF RANCHO CUCAMONCA, CALIPORNIA, ADDING TITLE 7 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT AND GRANTING OF FRANCN ISF.~ OR PRIVILEGES FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF CABLE COMMUNICATION, OR CABLE TELEVISION SYSTEMS AND FURTHER PROVIDING FOR THE CONTINUING REGULATION AND ADMINISTRATION OF THESE FRANCHISES AND THE ACTIVITIES RELATIVE TO THEM u City Council Agenda -6- March 21, 1984 ORDINANCE N0. 221 (second reading) 143 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING CERTAIN PROVISIONS OF THE SAN BERNARDINO COUNTY CODE, HERETOFORE ADOPTED BY REFERENCE, PERTAINING TO THE REGULATION OP CONHUNITY ANTENNA TV SYSTEMS B. VACATION OP A 4D-FOOT VEHICLE ACCESS - publlc Hearing 144 for said Vacation on Haven Avenue Sn Connection with parcel Map 8250 as requested by Daon Corporation. RESOLUTION N0. 84-04 142 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OP CALTFORNIA, ORDERING TO BE VACATE- 40 FEET OF VEHICLE ACCESS RIGHTS IN CONNECTION NITR PARCEL MAP 8250 C. ALTA LOMA CHANNEL ASSESSMENT DISTRICT 82-2 - Due to 149 • withdrawal of the loves[ construction bid, it is recommended that Council continue [he public hearing to the dune 6, 1984 Council meecing. The proposed District is located north of NSneteenth Street from approximately Archibald Avenue on [he vest and Haven Avenue on the ea9t. 5. NON-ADVERTISED HEARINGS A. REGULATIONS REGARDING THE SLAUGHTERING OF DOMESTIC 151 ANIMALS - An Ordinance regular Sng the slaughtering of domeatSC animals vlthin the Ci[y of Rancho Cucamonga. ORDINANCE N0. 222 (first reading) 153 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 6.08 THERETO TO REGULATE THE SLAUGHTERING OF ANIMALS u City Council Agenda -T- March 21, 19A4 6. CITY MANAGER'S STAFF REPORTS A. FISCAL YEAR 1984-AS HLOC& GRANT APPLICATION/REQUEST FOR 154 ~PAOFESSIONAL SERVICES - The Council will consider fhe use of professional cansulf ing services to prepare Fiscal Yeat 1984-85 Block Grant Application under Federal requirements. B. CHAFFEY-GARCIA HOUSE - An oral report will be given. 7. COllNCtL BUSINESS A. REQUEST BY COUNCILMAN FROST FOR PLAYGROUND IMPROVEMENTS AT ALTA LOMA AND LIONS YAR& - An oral report will be given. 8. 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DU/ROW O GNTCR CITY OF RANCHO CUCAh10NGA ixcwoma w,or~~~'-`^ ~pOO'"^O"' ADMINIS I F i ICN • w(rtaa>.wr on[ wiun([[ [muwa - amn wa • 2 i w(uniR[ ~~ ~o fE6 29 1984 w/ u(an.o. uuFORnu wo(> (alll [U•[(Y ,y 3 ; 7)8i9)n1ll112)1)2)3141518 aI ! ~'{^•Y 5 Atforn^a[f~ Defendant, and Cross-Complainant, ~ u `~ RELIANCE TRUCK COMPANY 6 i , ._,.~:..~ ( f 7 ~ a ~ I,i ..I . ~ 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA yI FOR THE COUNTY OF SAN BERNARDINO l0 11 THOMAS G. CLINE, ) CASE NO. OCV 30a4S ) 12 Plaintiff, ) APPLICATION POR LEAVE TO PRESENT A LATE CLAIM (GOVERNMENT CODE 13 -vs- ) SECTION 911.4) ) 14 RELIANCE TRUCK COMPANY, ) DONALD LEE WHITHER, ROY B. ) • 15 HOUSLEY, SOUTHERN CALIFORNIA ) EDISON COMPANY, and DOES 1 ) 16 through 20, inclusive, ) 17 Defendants, ) ) 18 ~, ) AND RELATED CROSS-ACTIONS. ) 19 ) 20' 21~ TO THE CITY OF RANCHO CUCAMONGA: 22` 23 1. Application is hereby made for leave to present a 24 ate claim under Section 911.4 of the California Government Code. 25 he claim is Eo unded upon a cause of action for indemnity, which, 26 ndec Section 901 of the Government Code, accrued on the date 27 pon which Defendant was served with the First Amended Complaint, 28 .e. September 19, 1983, and for which a claim was not timely I 5 1 presented. For additional circumstances related to the cause of 2 action, reference is made to the proposed claim attached hereto 3 as Exhibit "A" and incorporated herein as though a part thereof. 2. The reason for the delay in presenting this claim 6 is that information only recently came to the attention of ry counsel pertaining to a cause of action against the City of g Rancho Cucamonga as is more clearly shown in the attached Declarations of Mark W. Flory and Richard A. Foxx. w 10 r Ya 11 3. This application is presented within a reasonable r ~,"°, t 12 time after the accrual of the cause of action as shown by the Z;: 8 ~~~~, 13 attached Declarations of Mark W. Flory and Richard A. Foxx. "i~ p:iaoM 14 _ra,~q o ~au• 16 WHEREFORE, it is respectfully requested that this :E7 o ~;d"- 16. Application be granted and that the attached claim be received ~ ~ _~~ S 17 and acted upon in accordance with Section 912.4 through 912.E of ~;$ 13 the Government Code. F <~ 1? x .._ DATED: Fe bcuary ~~, 1984 .. HARRINGTON, FOXX, DUHROW, CANTER 6 KEENS :..i BY MARK W. FLORY ? ~+ Attorneys for Defendant, RELIANCE '~RNCK COMPANY S6 26 i 27 :~ 9 I 1 DECLARATION OF RICHARD A. POXX ~. • 2 3 I, RICHARD A. FOXX, declare as follows; ;~~ That I am an attorney at law, duly licensed to practice 6 before all of the courts of the State or Calif ocnia, and am a ~ partner in the law firm of HARRINGTON, FOXK, DUEROW, CANTER 6 g' KEENE, attorneys of record for Defendant/claimant, RELIANCE TRUCK ?. COMPANY, in the above-entitled action. If called upon to do so, w 10' I could and would competently testify, from personal knowledge, W x~ 11~ as follows: • ~~,°. 12 F~„ u~Q$° 13 On February 9, 1984, I received a telephone call from ;O"`°o; 1.1 Ms. Faith Carter of the Inland Counties Claims Service. Ms. '<in ~ ~•~° 15 Carter informed me the investigation conducted by her office o ~ L ;, i~d"- 16 ind is a[ed that the area in question is within the city limits of o..;~ 4i_ ~ _;~ ~ 1^ the City of Rancho Cucamonga and all maintenance responsibilities o ~: _;° 19 of this roadway are done by the City of Rancho Cucamonga. A G << 19 letter dated February 10, 1984, confirmed Ms. Carter's telephone x .^.:i conversation with me. ~- I declare undec penalty of perjury that the foregoing is •-• true and correct, ~' /// ..; /// 25 '. /// gq ~, /// 19 /// 1 Executed this ~' day of February, 1984, at Los Angeles, 2 California. 3, ~ ., ti a i, ~ RICHARD A. FO%% 5 6'' 7', 81 9,~ ~~ 10' Y~ 11 e 3 n 12, <~~ 9 13 ~ jai '~Ti p °z ~ Q'w 14 o.,: <,. i~u• 15 c .a .- e.,:p7 ,(~Q~JM tz~ t l ~'I ~ O ;S$~~ l1V ~ t 13 i z ~J :1 t' k 26 ::7 ~, 2 1 DECLARATION OF MARK W. FLORY 2 ~ 3' I, Mark W. Flory, declare as follows: i 4 5 That I am an attorney at law, duly licensed to practice 6, before all the courts of the State of California, and am an ~ associate in the law firm of Harrington, Poxx, Dubrow, Canter s g!. Keene, attorneys of record for defendant/claimant, RELIANCE TRUCK q~i COMPANY, in the above-entitled action. If called upon to do so, '" 10 '~ I could and would competently testify from personal knowledge as 11~ follows: W~a 12' i'; n$ 13 ~ Upon reviewing the investigation file received by this U .~t~ <>:~ 3 °~~: 14' office from the insurance carrier for RELIANCE TRUCK COMPANY, I °^ 15' determined that one potential cause of the subject vehicular ~~- x~?d°- lo, collision is the dangerous and defective condition of the roadway tai Y"+; 3 S 17 and railroad tracks at and near the scene of the accident. Based ~p~ J lU on the information contained in the investigation file provided rc5 ~, 1? me, including without limitation a record of statements made by r 2J ~~ the plaintiff, I concluded that the collision took place on a 21' highway owned or controlled by the County of San Bernardino ~~'.' and/or the State of California. ~.J ... On December 13, 1983, I caused to be filed with the d`i court a timely Answer on behalf of RELIANCE TRUCK COMPANY, as 26 ', well as a Cross-Complaint for indemnity naming the State of 2'~~I California, the County of San Bernardino, the Southern California -~'~~, Edison Company and numerous DOE defendants. +S- 1 On December 14, 1983, I caused to be served by 2 registered mail a timely claim Eor indemnity against the State ot~ g~ California and the County of San Bernardino. On January 23, 4~. 1984, my'office received a letter Erom the Risk Management ~,, Division of the County of San Bernardino, rejecting the claim. A 6, true and correct copy of the Letter is attached hereto as Exhibit q. H and incorporated herein by this reference. 81 3 ~~, On February 9, 1984, Richard A. Foxz of this office ~~ 10 ~ informed me that he had received a telephone call from a Ms. Y~ Y' 11 Faith Carter of the Inland Counties Claim Service. Ms. Carter • r °n ~ 12 ~I informed Mr. Foxx that the area in uestion was not under the 4 ~;k 8 o ,;~~. 13, direction or control of the County of San Bernardino, but was in :•<z pu~;~ 14 fact within the city limits of the City of Rancho Cucamonga. This <;~ o'~;a°' 15 was the first notice this office had of any potential involvement, fW~ ~g~;="- 16' on the pact of the City. i.; ~ '-" og~ 3 _= 1g, On February 13, 1984, this office received a Letter from of _, 13 Inland Counties Claims Service confirming that the area in ~~ question is under the direction and control of the City of Rancho %~= ' Cucamonga. A true and correct copy of the letter is attached ='~ hereto as Exhibit C and incorporated herein by this reference. Cl ~, Prior to the receipt of Exhibit C, my office had no ~'~ reason to believe that a claim existed against the City of Rancho ~6i, Cucamonga. Following receipt of the Letter, I immedia[ely pre- :.7 I, pared the Application and Claim to which this declaration is ~~~ ~ attached. /~ 1, I declare under penalty of perjury that the foregoing is '~ _ p~, true and correct. ~ 3' q'~. Executed this.'h day of February, 1984, at Los Angeles, 5i California. 6 i` ~~ t : ~f ~_ L ~ ~ ~~ -' r . ~ . _ MARR W. FLORY g ~ Declarant /r- Oi "i 10 f3 11 a3 } yYn ~ 12' ask x 3 13! a 3 : ~ , <:; a~~ 11 <-: ~ ~a~' 15 ~ o ^~:,a,9 x ,~d"- 16 ; ~ O ' ; _$; < 17 -. e ~ lg _~ , a, i 19 , x ' 2J tiL 26 ~ w ~ ~ ::3 -X- ]. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NARRINOMN. FOX%. OU~ROW 4 CANTG • MFIMAMIt 111CW OIMY lIgRAIOIYL Y~ QD/gHTgp OH[ WI4NIR[ RU141H0 - [UIT[ ]Of W14HIR[ wT OHwNO LA ANO[41. CwLIFOI1Niw [001] I t1f1 [Ih11M Attolnep rorDef endant, RELIANCE TRUCK COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO THOMAS C. CLINE, Plaintiff, vs. RELIANCE TRUCK COMPANY, DONALD LEE WHITHER, ROY B. 'HOUSLEY, SOUTHERN CALIFORNIA EDISON COMPANY, and GOES 1 through 20, inclusive, Defendants. CASE N0. OCV 30445 CLAIM FOR INDEMNITY AGAINST CITY OF RANCNO CUCAMONGA I AND RELATED CROSS-ACTIONS TO THE CITY OF RANCHO CUMCAMONGA AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Defendant, RELIANCE TRUCK COMPANY, hereby presents a (claim for indemnity against the City of Rancho Cucamonga, and in accordance with 5910 of the California Government Code, states as follows; E X H I B I T "A" I ~~ 1 (A) Claimant: RELIANCE TAUCR COMPANY, 2500 North 24th ~- • 2, Avenue, Phoenix, Arizona 55009. , 3, q ~'~, (B) Please send notices to: Richard A. Foxx, Esq., 5~~ Harrington, Poxx, Dubrow, Canter 6 Keene, One Wilshire Bldg., 6 Suite 703, Los Angeles, California 90017. 7' 8~, (C) Transaction from which claim ac ises: 9 ~ 10 On or about December 10, 1982, a vehicle owned by r Y~ 11 '~, RELIANCE TRUCK COMPANY was struck by a vehicle in which w ~On 12 ~~ plaintiff, THOMAS C. CLINE, was a passenger. The collision e: 8 ~?'. g. 13. occurred adjacent to the Southern California Edison Eac ility on <z~ 3 BOO;: 1= Etiwanda Avenue, three tenths of one mile south of Whitram in +'~'O 15 Rancho Cucamonga, San Bernardino County, California. The ~rJ° Q ~iy'o xq`~'" 16 proximate cause of the collision was a dangerous and defective °~v~;i _,~ E 17 condition existing on Etiwanda Avenue where it is intercepted by ~~~ 18. railroad tracks, which dangerous and defective condition causes C _; 19 vehicles traveling at or below the posted speed limit on Etiwanda 3J Avenue to Lose control when crossing the railroad tracks. ~~ i ~-'- (D) Damages: Claimant has denied, and Continues to ~, -• ,deny, that it is any way responsible or liable Eor the damages ~~ '~, suffered by plaintiff as a result of the collision. Nonetheless, ~~ I as a result of the litigation filed by plaintiff, claimant is 26 ', subject to potential liability for plaintiff's damages, and to ::7 !~ legal fees and costs expended in defending itself in this litiga- :'~7 '. Lion. Claimant asserts that the City of Rancho Cucamonga is 13 1 responsible Eor a proportionate share of any and all damages 2 suffered by claimant by way of judgment, settlement, legal fees 3 and costs incurred in San 8ernacdino County Superior Court Case 4 No. oCV 30445, and therefore seeks equitable indemnification from Sj the City of Rancho Cucamonga for its proportionate share of such 6 damages, fees and costs. 7 (E) Public Employees Responsible For Loss: Claimant is informed and believes that those individuals responsible Eor the defective design, ownership, maintenance and control of the intersection in question are agents and employees of the City of Rancho Cacamonga. The identities of these indi- viduals are not known to claimant at this time. (F) Amount of Damage to Date and Basis for Computation: The appropriate proportionate share of any damages suf- fered by claimant as a result of any judgment or settlement in :'~ ~ the above referenced litigation, as any and all legal fees and ::1 costs incurred in connection therewith. This amount cannot be e ~ ascertained at this time. ...', /// ~~~/// /// <o /// /// • ~ ' /// y3! ~ c; • 1 Claimant's cause of action against the city of Rancho 2, Cucamonga accrued on or about September 19, 1983, when claimant 3' was served with the First Amended Complaint in this litigation. 4 5 I DATED: '~ 6'~.~ HARRINGTON, FOXX, DUB ROW, CANTER 6 REENE ~ ~ -I:,.:.. e B~j,, . ~., ,~ RICHA A. FOXX ~~~, Attorneys for Claimant, RELIANCE TRUCR COMPANY w 10 I Y Y~ 11 1~ r R ~ 12' S ~i~ $ 13 i' ~ _ ~SE: 14 ;~A ~~_•~' 15 Oyf~ DMZ;Y„ 16 I ti~ ~ 1^ ~ •y =F$ 1~3 <S 19 x 2J I 21 ,.r .. ~5 26 i `7 ::d /~ JN - ISK MANAGEMENT DIV COUN7Y OE SAN BE RN AR DING - . R GENERAL SERYICES AGENCY . --_ _ - ~ _ n 777 EM RidtP Armut San Bernsrdiro, CA 9YA75 . ~~ ` • January 20, 1984 ~ ~ ~ ~ 0 ~ LS Reliance Truck Company ' Richard A. Foxx, Es g. D JAN 2 3 1984 Harrington, Foxx, Oubrow 8 Canter One Wilshire Bldg. Suite 703 ~RIG7DN,FOxx ~ER ~W Los Angeles, CA. 90017 AI~E/iE ' RE: CLAIMANT: RELIANCE TROCK COMPANY DATE OF LOSS: 9/19/83 AMOUNT OF CLAIM: SUndetermined OUR FILE: G-5336 I Notice is hereby given that the claim which you presented to the County of San 9erna rdino was rejected on January 20, 1984. WARNING • Subject to certain except loos, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. RISK MANAGEMENT OINISION (714) 383-2264 BSWARa " " • E K H I B I T B P9CiPT E diC hC~ ec.: <' S ..e •. v:n .or'__..~.. , ,DNh :.•\EP gotJ .^~<• CP. :-h1caE\NA Tnvo D.fm:• h00 APDD uTT~E•?tC - - ~P_M:E:.h,IN Sc,~c _;r :: ...c aG TDr•.NSFND RounR Dnv¢, .ae a Sr'. .. .. P02ERT_ n., :YR %n;n Denrtl /:7 INLAND COUNTIES CLAIMS SERVICE • 909 NOPTN '0" STPEET ~ SUITE 3 SAN RERNAPpINO. GLIRORNIA 9N t0 Otsl 88949]0 February 1Q 1984 Harrington, Foxx, Dubrow b Canter One Wilshire Bldg., Suite 703 Los Angeles, CA 90017 Attention: Mr. Richard A. Foxx, Esq. IRS NO. 95.34571E0 ~:{LS lUJ ~ ~ U LSlrl " f` FE8131984 L HMRINGTON, FO%%. DUBROW, CNVTER ! IQ:ENE Re: Insured: County of San Bernardino Claimant: Reliance Truck Company Date of Loss: 9-19-83 Our File No: G-5336 I Dear Mr. Foxx: Please be advised that we have investigated the above referenced matter on behalf of the County of San Bern- • ardino. This will confirm my telephone conversation with you on February 9, 1984. The area in question is within the city limits of the city of Rancho Cucamonga and all maintenance responsibilities of this roadway are done by the city of Rancho Cucamonga. A review of Government Code Section 835 indicated that public property is t e response i ity o the public entity having own- ership and control of the property at the time of the above referenced incident. After a careful review we have made the decision that there is no liability on the part of the County of San Bern- ardino. Should your office decide to serve the County of San Bernardino and the County of San Bernardino is put into the position to hire private attorneys in order to file a Demurrer, under Section 1038 of the Civil Code of Procedure, the County will have no alternative but to see to recover their attorney fees, etc. Should you desire a declaration of the County of San Bernardino's noninvolvement, please advise and we will pro- vide your office with one. Very truly yours, INLAND COUNTIES~~C~L/{EIMS SERVICE ,~ c i ii.(v ~ .,J' l~~ i f' L~-- By: James G. Palermo JGP/sm E X H I B I T "C" ec: County of San Bernardino _ Attention: Me. Anc~e la Hodae /7 errLlcailolE yee raeolLOUC srv~r! ucalwsl I I nrrysl a uclNxis Ir phrglw. d .1bdrlk ewe.w r ~ ~....... 0D Sale uenerel 1901 -uaLM Publlc Pielis•s - se..q..e, UL. mLe w eesneralm - iS. r..l.el.lr.d Irw.e[.eir lw r..n.L daLrNd.AiYee I Il,.rr.d ]. NAMNA a MlLKN1TI3) br~I. c F~16~~.1 ~~ MIILiill COYaULTINO, aCiLVI.:C.: LCU. Ayvied wew s.<. ]dDY q /~E~,. _ llM1Lllw DVln I11YIR I++'eu. Eeem.:~enl <;AiLI TMmaa L. Prea. 7 tYElISI OF iMNSACilO1YS1 ~ L~ LnLLV, Logan E. >ee. 20J 11.1 Par. CSf. ~8 .U' -B luJw atnck rat. AX A MIN NO CUCkL'G ~T 21 !ednet< d. NgwL d 1 ,lv'e GArg it s. letegl+d Mr.nw.-NrnM<aM Lr.e ~ , 1iB71 Foo Hill 61VC. Gt! N FE Cede 91770 Cerlgf TOTaI S A Il Irwgw Y<wrwd. 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IMrfM Q Ulr ^ -lt1[MIIIN[lS NAME DNT[ Cit of Rancho Cucamon a 3-t-84 ,1x3'. ADDgtss uTY sT ATE nq coot P. 0. Box 807 Rancho Cucamonga CA 91730 .tci AoOgEAi cETY STATE • CERTIFlED COPY OF CORPORATE RESOLUTION TO ORAIN CMAROE CARD CREDR 'RESOLVED. that Tna Imsert corporate fills onlvl City Of RanChO CUCamgnga , or arty' 1'nsert Corporate title atPgether wain Ne bnsert corDOrate role or the bnsert corporate !rtle onlvl of LMS COrpOraO on are nerebV authonZetl, irOm pme to Lmtl On berdlf of ino:n ;ne ^dm,e Of'~n'.5 COrpOrdbon to mare dpphC dt'~On t0 UNITED CALIFORNIA BANK br a MaslerCartl cr Vrsa rartl or cartls ono ro orange ror MasterC aro or Vsa cretlrt hom sa:tl Sant wain bf wgn0ui Secun[y. m Such dSLgnlC tlJlld: Ir m its as mdV Seem dtlwidble W Seth Olr~. cer4 a ^O dcCeOtdble f0 4ditl Sank a^C vp:^ Such 1lfm5 dntl conOiUp.^.S as mdY b! re0 W reC by Sd:C Sank dntl .n c OnnecM1 o^ :^erewrtn Sd~O pfhCeri aro lurihlr dulnOn I4C.'~..`~ Jr WrIh OOt Ins CC'OOrdtl Sadl .O eaeCute 3'~tl tlel~,yer dD^uiCd:~P^s d^tl' Or 3.IGom G^:S :OCeInE ^N4n mOtlrn Cdh pnS, amintlmP,ntS C' SupPleminis Ihere0l or '^ProtO J! a^.V •Vpe drtl to Oo ad Sacn minCS as ^~dv be reOw'eC by 4a'o Bdnk 10 complete 91U ironSiCt'pns. inc'utl:ng minout hmriappn I I 1 to be bouno by the terms on the reverse 01 the MasterCdro ono/or Vrsa <dros.121 to assume raSFOnsrpd:ty tOr anC W be •T n: W 3^tl SRV era'JV Irable .wl^ any use' ,r 3rV t. C^ c3'] wno', nCUr4 dnv OblrgaLOnS. make3 anv purchase or pDU:ns any Croon cnargea Dle to the corPOrat'on s account unoer Ne Caro ono 131 IO agree Io pry solo Bank for all ODl:gabons me urreC or Purchases matle OV or cretin eatlntleo to anyone ,~s~rP anv such taro reguoless of any Msrgnlo c'eCrt Lmn3, ana for an finance anC pne' c^a•~es rON e. ~oroaYe• e51a0"t^o.^. PV sa-0 Sara aro :^ev are lu'thet duthonZeo with Jr wrthom the mrDprate seal cmetl^ya ass~•:n ^oriPage o'^'.e:;^zn:z=^:': z.e:..:ea^atl?.~~.zr secunty agreements, hnarnng SUiem!^14. mOrlgd9ei dnn ~ ] ]ee.a ;r . ,, uJJn or yrve 1''..S '¢:? P:S':' ; .:' : "PC^'. J' In's CJfPOroi:On as mdV be d~r?en UPOn bILWIM the^ anp Sd~C 9dnk d4 4a; ~• ;1'J' a^~\ :bi :3F'J^5 ]"^ ~ '. .' 1' .\"er+p• ^CW CattlrOr~ Or h!llaftllrnC,. r'ep • Such aOPbcaLOns m agreem.e^;c ^,; .C ^. ^::' cat ~:^4 a-?^ :^°"t3 ~ ...c ,^'S :^e^:Gf or^ereM Md4terCd'D dnC :' V'sa Carps instruments a^n of^z' :x.,^re^s are :c Je ^ s..e^' , a° I ~ ^v - e~... c'J\ s~ors a^rf agreements as ^av ce repurreC by sa ~,b Bana me a~.,t^onty q'yen nre.^re's^a'P=;ee-eo reran .e a-:a^. a'~]a ac:z3 ~^r:za ana'or obbgan.:^s ass,.me.v mcurretl nereun,:er Jutormeo azs..^zn Jr,^.. .o a' c' t.. e cava:e •' _ -__..,, _^ Ire ^weov appro\eC ana r3i.l+,; . n'.=. n ~...e ,.r .:... .... .....z.... .. ,:~:'s'ew.:anon sha~'pe'ec^.~ UNITED CAU~O?N14 BANG a. '[ -r' <C menP Cnen DCIOw ^^.v?.e' t':^'o, :,_ y ~' S^ l ^0' t"+C: an\ .ob~abprt Jutila n.t":lC of Ine :ate o' ! r ^a'~a^ ',. .. rep bebre a" 4fast^•C 3: f ^ I Visa C3'c4 are .. ,.^e! :o t^e Bank ;5 . Da Nn C!rrannnna CdblP'^~'. I. Lauren M Masserman Cisy Clerk _ Secretary or City Of RdnChq CUC811pnaa narepv tern'; '^a! ~ ~- foregomg'satrue coPV Ofa reso'utn^emvdn0 ~enaw anJJ~+: Py'^e &;a" ".. ..vrv!sa~tl coruaahon al a'~egdl mee•^' ' sa'tl Boartl eulY anp regularly nei0 ' ?_. ono inaz sa'o rzs; .' has not Dean motl:i:eo or resc:noeo Dates - -- s E ' • ~ IWhen SeorsUry r9 among Nose aulhOnroo, Presroenl shoulo also f:gn Cerhhca?^^ all II IS mianoeo NIS only ono srgnelure n rapmroo, please oelele tha woros'togelher wain the' ono any IMDp11caDle ofocer DaargMbOna. Km01Y tnNN Oalebonf .J BANK CNARpE CARD CORPORATE AGREEMENT By rrouesnng and rocervmg, accepting. sgnln9 or using. or autnorixing another to srgn or use a MasterCard and/or visa [are 1 hereinai;er Finer Or Dptn will be rebrred to as Y drd5 1 iSS~QO by Untied Dahiprpia Bank IBdnkl m [tie nemf 01 In! pnpersigned, ICorporationl, or .n a name auNOnied Dy the Coroorauon. Ine Coroorauon agrees 11 I To ae terms Contained in tors agreement and future amendments theret0 and conOined on Ine back of Ine Card, and to aSSu responsibdny for all cnarges tp us MasterCard and for Vasa Accountlsl Dv the C orporatipn and Nose autnonzed ov d ro make su~ cnarges. mCludrng NOSe perSpni wrlD ictuil, apparent or impLl0 aulnonty, i]i t0 Oe IOintly and sevlrally iaDb wain OIhN auNpnild Cdf01 users :ncuning ObligdLOns ch drge0 tp its Accountlsl. 131 mt to exceed the resp!<Uve assigned ciedR Lmis for ;tie MasterCard and: or Vaa Cards issued tie:epnder. 1d11hai the Cards ~srarelM pr0oerry of the Bank and then services may be revpked DV Bank atanv time wrthoui pnp~noUpe including anv other services wnan r..ay be shown on ine Cards wnicn piney services may be reinstated at Bank's op[mn, and to surrender Cards .pOn demand - ' 15r mat wnmever: pD:a r.cas^ rm ~^ Urrted Cablornia Ba^t oraparucmau nq MasterC and pr Visa bane using my Cards. the cnsrge wal be pealed as a Las^ iduarce mo ;oat nnenever ! se a Suoe¢^arger C'~ect 'tie charge w'i'~I D< heated as a Loan 4dvance 151 inat FINANCE CHARGES are comd,;ed and deter-tined separatNV for cacti cl the Cards as buows i m tip FINANCE CNARGE-n ~ is ce m pesed dunng a m" nq .vne if' ! . ^.o new Casn Advances or span Advances aro made and 13 u ^ade oavTrsa^d eee~red red's to may acao~nt :n cr pef re t^e Pav^eot Due Date. wmm~ was aooro.~mateiv 36 onus al;e• ;tie i:areine^r Ja;e sc'^a• ^: Prevas 3a a-,e ~ S„p:c:a s sv::- c^ -r '.^e^.: mon;n s 3tatr^ent mi !tie 'a^•c.n~ SuDiec o FINANCECNARGE' cc^s ss o'.Ai;^eA„='ageDr•v 9aance iBi Casn AOvancedmounts and'~U Loan Ad: ance a'^p..^ts -:. > ar a'. e'as'e dd na a^Ce= :epn:aid^a:°+la~,r"),.:gan,: qq ga'a-.<BS tv ea.^]avol the bluing cvcieanddmd',nq ^. 'es,'-': s.-:: ._. . ;:.tie. ,r a.•s _._:: :. ., e .... n ..;j.a....e^.s^.rvsao.e.~ous Baiarce .S.n:aa ':b-:..: 7 a ? a i-'+ s^rn^ - ,ce ~ • ~ the ~•er,ous 9alanre .5ubtota' - -cs FINANCE CNARGES a-:_roC-r:•+s .~-: ~; ^°are'a s+~mw u:ance pr new pure^ases ^ew Casn ,.a .: ; .. -:.:. ::.~•:. ;... ._;~>:.,-:.,. as r'-":'''_ ;+..:....._~ :,.:.. .. esrc P•e.,ossla~a^ce~5,.p;ctais .e. ^ . : .. ... ...:.... r- _ > :. - ~ -; ;-- : Jar 3„s^ce sndw~ :^v t -,. ~ n :. ..__.,_.. ..: .. ..., ;,..a ;.. ; ~ . - ,.. ...y r^ ..; .._.. .:r->, ~.: •c cs t^D t' Lcan Ada^ces aFl^, _,. ,.. ._ .. NANCE CNARGE. - - s9a~ance 5uabta~acpears on -, 5•r--._: _'-.. --- _ _ ;~>;,~, _ ~-FINANCECMAROE:,.:'be~^pOSed o^;^s4vrage Da .3arm .:,.r s~-: :: .-:. -.;. ..:.: i•~.^ ..: s...."._.::_,.r.~ca p'1N%icpr.esppnd'ngANNUAL ~. PERCENTAGE PATE •27% : FINANCE CNARGE 'f1.p0 m - .. - ~ FINANCECNARGE ~ -2%.';^+ampu^tar.anced v. ;^a _ _ .- :' N,00... ~ ~ ~' . > :.:. . :...:.. :... f ' FINANCE CNARGE ..,x--e.: '... a^ A;.a^ce pr t%ot see _. .. -'.. a. ....e .:. v.. ~. ~ '. .. ...~•,..:.9:. ~ .. .., _ pas^.^t x.• 3%:'• ~ ...... ~~ 615.00 .... ~ ....~ix^~.^~.i esst^a^f13.p0•snaraere 5X 61.00 ~ f5.00' ~ - • i _ :j~ .. .. ... • ~.a. _ _ -.. i..__ . . :a ._.. ... ... .. .. ~ .. gy bnsen <oroorate ode onlyl ev .- -- ------- - (rOffrt COrporalf lille OnIYI BY Onsfrt wrponif utlf only) ~.7 ~ GUARANTEE - 1. In consideration of any financial accommodations given, or to be givon. or continued, by First Interstate Bank of Daliforma, hereinafter referred to as the Bank, to Cjsy df Rancho Cucamonga hereinafter referred to as the Customer, the untlersignetl hereby unconditionally guarantees the prompt payment of all indebtedness or haMlmes accoming to the terms thereof or as agreed m any hnanaal statement. apphcauon or other instrument executetl by the Customer, which the Customer may now or at any time hereafter owe to the Bank, whether arising from dealings between the Bank and me Customer or from other dealings by which the Bank may be or become in any manner whatever a creddor of the Customer, to the extent of antl not exceeding at any one time the principal sum of 52500 Dollars, with such interest as may be due thereon from me Customer 2 The undersigned agrees that the Bank may in pis absolute discretwn antl without prelutlice to or m any way limnng or lessening the habi6ty of the untlersignetl under tNS Guarantee (a1 extend credit to the Customer in such amount antl at such times as the Bank may determine. whether for a greater or lesser amount than is hereby guaranteed. and whether Ine Bank has knowieoge of facts wish respect to Customer wNCh might be construed as materially prejudicial to Ilia interests of the undersgned. the Bank being hereby rehevetl of any duty to disclose any such lads to the untlersignetl: (D) grant extensions of time or other ~~ndulgences. (cl change the interest rate, (d) take or give up or modify. vary, exchange. renew or abstain from pedectmg or ;along advantage of any security, (e) accept or make compositions or other arrangements or Ida or refrain from filing a claim :n any bankruptcy proceeding of the Customer or other guarantor; (q discharge or release any parry or paNes. (gl real¢e on any security regardless of effect on the undersigned's subrogation or reimbursement rights. (h) apply payments m such manner antl order of priority as the Bank sees ht. and Q) otherwise deal with the Customer and co~guarantor and other games and security as the Bank may deem expedient. 3 This shall be a conunwng guarantee and shall cover all intlebtedness antl liabilities of the Customer, and where more than one. the several obligations of each as well as then joint obligatwns, including those incurred up to such lime aS the Bank shall have actually received written notice of revocation of this Guarantee by the untlersignetl. Such revocation shall not affect Ne undersigned's obngalions to Ine Bank wAh respect to indebtetlness or habilA!es of Customer to the Bank . arising poor to actual receipt by the 8dnk Of such revocation d 7hs Guarantee snail secure any balance due or owing from time to lime and at any time from the Customer to the Bank, notwilhstantlmg any payments from time !o lime matle to the Bank or any settlement Of account or any Other Ihmg whatsoever. and no pdymenls made by or On behalf Of the undersgned to the Bank shall t>e held to discharge Or diminish the conunwng I~abtluy of the untlersignetl hereunder unless written notice ~s given to ine Bank at the time of making such payments that the Same are bung made for the purpose of liquidating such uabiury', and. unttl full payment Of all intlebtadness and ~ abihues (inciutling mterestL present antl future antl whether or not payment thereof is guaranteetl hereby. of the Customer IO the Bank. the Undersigned Waives all right Of SUbrogaUpn and all 6ene6t Of Of r ghl t0 panicipate ~n any SecUpty nOW Or hereafter heltl by the Sank 5 All demantl5, preSenlmenl5, notices Oi protest and of di5hpnpr and n00ce5 of every kind Or n82Ure.:gClUtling th05e of any action or non~acnon on the Fan of the Customer. the Bank, any co~yuarantor. or any Creditor Of the Customer, ine Bank. or any co~guarantor or any other person Whomsoever. are expressly waived by the undersgned The undersgnetl hereby waves the right IO require the Bank 10 proceed against Ine CUSlpmer. any 00•guaranipr or any Other party o1 IO proceed against or apply any security it may hold, and waives the right to requre the Bank to pursue any other remedy br the benefit of the untlersignetl. antl agrees That the Bank may proceed against the untlersignetl for the amount hereby guaranteed without taking any action against the Customer. any co~guarantor or any other party and without proceeding against or apprying any security it may holtl Tne untlersignetl waives the right to plead any antl au statutes of limdations as a defense to this Guarantee antl to any indebtedness or liability hereby guaranteeo. and agrees that any partial payments by or on behalf of the Customer on any :ndeblednesS or liability hereby guaranteed. including interest, shall, as of the time ea0h such payment i5 matle. Stop the rUONng Of ine lime Wdhin Which an aC9pn may be Cpmmenced upon this Guarantee antl shall constitute a lusher waiver by the undersigned of the right to plead any and au statutes of hmrtauons as a tlefense to this Guaramee antl to any indebtedness or uabilrty hereby guaranteetl As to the Bank, the undersgned lusher waves any right of contribuUOn the untlersignetl may nave against any co•guarantor or other party, 6, All tleDts antl IiahiLties. present antl future. of the Customer to the undersigned. or any of them, are hereby postponetl to the habdNes of the Customer to the Bank, and all moneys recervetl by any of the undersigned Or Ihev representatives, SuCCesSpfs or assigns thereon. Shall be rCCeivetl as trustees for the Bank and shall be paid Over to the Bank: antl the undersigned and each of them further agree. upon any liquidation or distribution of Ne assets of the Customer, to assign to the Bank upon ds request atl claims on account of all such debts and liabilities, to the end that the Bank shall receive all tliwdends and payments on such debts and habilnies until payment in full of all habilrties of Ine Customer to the Bank. and lh!S agreement Shall constitute such an a5signmanl in the event Ine untlersignetl shall fail or refuse Io execute an0 deliver such other or further assignment of such claims as the Bank may request. .h a mu au 'L 7. Where the Customer Is a corporation. partnership, or other aSSOCIaBOn or receiver. trustee or other fiduciary. the Bank is not to be concernetl to see or Inquire Into the powers of the Customer or ds directors, officers. partners, associates or other agents acting or purpodmg to act on Its behalf. the undersigned hereby representing that such powers exist. a moneys m fact borrowetl from the Bank In me professed exerase of such powers shall be deemed to form part of t~ habitihes guaranteed, even though the borrowing or obtaining of such moneys be in excess of the powers of the Customer or of the dlreCI0/5, pertnef5, OffMRrS, associates or Other agents therepf. or Shaft be in any Way IfregUar d! defectWe Or informal. 8. When the Customef is a partnership or other association, Nis Guarantee is to extend to the person or persons for the bme being and from time to Ome carrying on the business now conducted by the Customer, notwithstanding any change or changes in the name or membership of the Customer's firm. 9 Marred persons who execute Ih~s Guarantee hereby agree and expressly assent to the liabihry of their separate property `or any and all obligations hereunder. 70 The undersigned agrees to pay a reasonable attorneys fee and all other costs and expenses which may be incurred by the Bank in connection with tMS Guarantee or in the collection of any of 581tl indebtedness or 6abihnes tram the Customer or the undersgned. 1 t This Guarantee is asstgnade with any one and/or several and/or all of the indebtedness or liabtldies which rt guarantees. antl when sp assigned ire guarantor shall be bound as above to the assignees wdhout in any manner aNecting guarantor's habihry hereunder on any part of said obligations retained by the Bank. 12 This Guarantee shall Inure to the benefit of and bind the heirs. atlmmistratore. executors, successors and assigns of the Bank antl eau of ire undersigned, and shall be construed as the pint and several obligation of each of the undersigned where mere is more than one Where there rs more than one Customer named herein. reference harem to "Customer" shall ,mean all and any one or more of them and the words used herein in the singular shall be deemed to have been used in the plural where the context and construction so require, This Guarantee shall he construed In accordance wih the laws of the State of Cahforma Notice of acceptance of this Guarantee rs hereby waived. 73 This Guarantee Is in atldroon to and exdusrve of the guarantee(s) of any other guarantor(s) antl of any arld all pnor guarantees of any of the undersigned of Indebtedness or liabihhes of the Customer to the Bank; and this Guarantee shall in no way hind or lessen any other liabihry. Howsoever ansmg, of any of the untlersignetl for payment of indebtedness or liabi64es which are Hereby guaranteetl, 14 No terms or prowsons of thre Guarantee may be changed or amended wdhout the wntten consent of the 8enk. Show any provision of this Guarantee be tleterm~ned to be unenforceable by a court of competent furlsdictwn, all other provisio Stall remain eHect'we Dated at .Cahforma, • ~3 ~~ IrMastah Bank GUARANTEE • 1 In consideration o' any finanaal accommodations given, or to be given, or continued, by Fust Interstate Bank of California, nereinatter referred to as the Bank. to hereinafter referred to as the Customer. the undersignetl hereby unconditlonaily guarantees the prompt payment of all ;ndebtedness or habdmes according to Me terms thereof or as agreed m any finanaal statement, apphcahon or other instrument executed by the COStdmef. which the CuStpmer.may ^pW or at any time hereafter Owe 10 the Bank. whether arising from dealings between the Bank and ine Customer or from. other tleahngs by which the Bank may be or become in any manner whatever a creditor of the Customer. Io the extent pf antl not exceetling at any one time the ponOpal Sum of Dollars. with such interest as may be due thereon from the Custpmer 2 ?he unders~gneo agrees that ine Bank may n is absolute discretion and w~(hout preludice Io or it any way limiting or'essening the 'liability o+ the undersgned under this Guarantee (a) extend credit to the Customer m such amount and al such vines as the Bark may determine whether for a greater dr lesser amount Ivan is hereby guaranteed. and whether the Bank nos knowledge o! racts with respect to Customer which might be construed as materially prelutlicial to theinterests of the undersigned. the Bank Being hereby relieved of any duty to disclose any such facts to the undersigne4 (b) grant extensions of nine or other ndulgences Icl change the interest rate. (tll take or give up or modity, vary, exchange. renew or abstain 6om pertecl rig or taking advantage of any secuniy. (e) accent or make compositions or other arrangements or hie or refrain tram ~amg a claim in any bankruptcy proceeding of the Customer or other guarantor. (f) tlischarge or release any party or parries (g) realze on any secunry regardless of effect on the undersgned's subrogaUOn or reimbursement rights. (h) appy payments .n such manner and order of priority as the Bank sees fq: antl p) otherwise deal with ine Customer antl co~guaranlor and other parties antl security as the Bank may tleem expedient. 3 This shau be a continuing guarantee and shall cover all indebtedness and habihties of the Customer, and where more than one. the several obligations of each as well as then lomt obligaUOns. inclutling those incurred up to such time as the Bank shall have actually received written notice of revocation of this Guarantee by the untlersigned. SUCK revocation shall not affect the undersignetl's obP.gahons to the Bank with respect t0 indebtedness or habihties of Cusiomer to the Bank • ansng prior to actual recepl py ice Bank of Such revocation a This Guarantee snap secure any balance tlue or owing !rpm time to time antl at any time from (he Customer to the Gana ndlWrthSidndmg any payments r'om Vine to vine matle to the Bank or any Settlement 0! account or any other thing wnalspever. and no payments matle by or on behalf of the undersigned to the Bank shall be held to discharge or diminish the contnwng !iabihty of the undersgnetl hereuntler unless written notice s given to the Bank at the bme of making such payments Ihai the Same are bung matle !or the purpose o" ~gmdating such i'abu'ty, antl tint full payment of all ~ndebtetlne55 and ^ab~i.9ies I'nc!ud~ng ntere5tl present and future and whether or npt payment ;hereof ~s guaranteed Hereby of the Customer to the Barra, Ine undersigned waiyes all tight of subrogation and al! benefit or or tight to aortic pale ~r. any securty now or Hereafter Held by the Ban« 5 4d demands. present^~e~.ts notices of protest and of dishonor and notices of every kind or nature. including those d~ any action or non~acFOn C^ ;tie part of the Customer. Ine Bank any co~gua~arnor or any creditor of the Customer, ;he BanN or any co~guaranlor or any glher person whomsoever are expressly waved by the undersigned The undersignetl hereby waives the tight tc require the Bank to proceetl against the Customer any co~guarantor pr any other party or Io proceed against a apply any security ~t may hold. and waives the right Io requ re the Bank io pursue any other remedy for the benefit of the undersgnetl. and agrees that the Bank may proceed aga•nst the undersigned for the amount hereby guaranteed without taking any action against the Customer any co~guarantor or any other party and without proceeding against or applying any security rt may noltl Tne undersigned waives the right to plead any and au statures of limdanons as a defense to this Guarantee and to anyindebtedness or liability hereby guaranfeetl. and agrees that any partial payments by or on behalf of the Customer on any indebtedness pr i,abhty hereby guaranteed ncluding interest. shall, as of the time each such payment is matle. stop the running of the time within which an action may be commenced upon this Guarantee and shall constitute a further waiver by the undersigned of ine right to plead any and all statutes of hmaauons as a defense to this Guarantee and to any ~ndeptedness or liability hereby guaranteed As to the Bank. the untlersigned further waives any tight of contribution the untlersigned may nave against ary co~guarantor or other party 6 All debts antl habihties Oresent and future, OI the Cusiomer t0 the untlersignetl, or any of them, are hereby postponed to the habihties df the Customer to the Bank. antl all mpneys reCe'vetl by any of the untler5igned Or their representatives, successors or assigns thereon, shall be received as trustees for Ine Bank antl shall be paitl over to the Bank; and the ~~ undersigned and each of them further agree. upon any liquidation or tlisinbuhon o1 the assets of the Customer. Ip assign to the Bank upon its request all claims on account of all such debts and IiabJiUes. to the end that the Bank shall receive all divfdenos and payments on such debts and habihties unltl payment in full of all liabilities of the Customer to the Bank. and Ihfs agreement shall constitute such an assignment in the event the undersigned snail latl or refuse to execute and delver such other or further assignment of such claims as the Bank may request. ca ww em 14 7 Where the Customer is a corporation, partnership, or other associaUOn or receiver. trustee or other fiduciary, the Bank s not to be concerned to see or inquve into the powers of the Customer or its directors, officers, partners. associates or other agents acting or purporting to act on its behalf, the undersigned hereby representing that such powers exist. a moneys in fact borrowed from Ine Bank in the processed exerase of such powers shall be deemed to form part of t~ I:abdNes guaranteed, even though the borrowmq or obiaming of such moneys be .n excess of the powers of the Customer or of the directors, partners, oPoOers, assocates or other agents thereof, or shall be in any way irregular or tlefeMrve or informal. B When the Customer rs a partnership or other associaUOn. this Guarantee is to extentl to the person or persons for the Ome being and from time to time carrying on the business now conductetl by the Customer, nonvrthstantlmg any change or changes m the name or membership of (ne Customer's firm. 9 Married persons who execute this Guarantee hereby agree and expressly assent to the liabdiry of their separate property for any and all ohLga0on5 hereunder t 0 The untlersigned agrees to pay a reasonable attorney's fee and all other costs and expenses which may be incurred by the Bank in connecDOn wnh this Guarantee or in the colledron of any of saitl indebtetlness or liabilities from the Customer or the undersgnetl t t This Guarantee ¢ assignable wAh any one anNOr several anNor all of the mtlebtedness or liabilities which it guarantees. and when so assigned the guarantor shall be bountl as above to the assignees without in any manner affecting guarantor's liability hereunder on any part of said obhga0ons retametl by the Bank, 12 This Guarantee shall enure to the benefit of and bind the hens, administrators, executors. successors antl assgns df the Bank and each of the undersgnetl. and shall be construed as the joint and several obligatwn of each of the untleragned where there ~s more than one Where there is more roan one Customer named herein, reference herein to "Customer" shall mean ail and any one or more of them and the words used herein in the singular shall be deemed to nave been usetl ~n the plural where Me context and construction so requne. This Guarantee shall be construed in accordance with the laws of the State of Cahlorn~a. Notice of acceptance of this Guarantee is hereby waived. 13. this Guarantee ~s ~n addition to antl exclusive of the guarantee(s) of any other guarantor(s) and of any and all poor guarantees of any of the undersigned of indebtedness or habdiM1es of the Customer to the Bank; and this Guarantee shall in no way IimT or lessen any other liability. howsoever arising, of any of the undersigned for payment of mdebtetlness or habdmes which are hereby guaranteed 14 No terms or provisions o! this Guarantee may be changetl or amended wAnout the written consent of the Bank. Shou any provison of this Guarantee be determined to be unenforceable by a court of competent jurisdiction, all oMer proviso shay ~emam enecnve Oaletl ar California. • ;4 S ~.7 Bank GUARANTEE • t In cons~deraUOn of any fmanaal accommotlai:pns g~,ven. or to be given. or conurued, by First Interstate Bank of California. hereinafter relerretl to a51he Bank. tp hereinafter referred to as the Customer, the unders~gnetl hereby uncondiP~onally guarantees the promo) payment of all ,ntlebtetlneSS or liabilities accortling [o the terms thereof or as agreed m any fmanaal statement apphcanOn Or other'n5trumeM executed by the Customer. which the Customer may now or at any time hereafter owe to the Bann. whetner ans~ng !rom deat.ngs Between the Banx and the Customer or from other dealings by which the Bank may be or become m any manner whatever a creditor o! the Cu5lomer to the extent of and not exceeding at any one time the pr'~nC:pal sum of Dollars, with such '~nterest as may be due thereon rrom the Cstomer 2 ine unders'~gned agrees that the Bank may ~n ~,ts absolute tlisc: eCCn and w~.thout pre)utlice to or '.n any way iimmng or lessening the '~'~ab~hty of tre unders'~gned under this Guarantee (a) extend credo to the Customer n such amount and at sucn nines as the Bank may determine whether for a greater or lesser amount roan is Hereby guaranteed, and whetner the Bank Has knowledge of facts with respect to Customer which might be Construed as matenally prelud:aal t0 the interests of the undersgned, the Bann bung hereby retievetl of any tlury to d~sclose any such facts tp the undersigned. (b) grant exlens~ors of ! me or other 'ndmgences Ici change the "Merest rate. (tl) take or give up or motldy. vary, exchange, renew or dbstd~n 'rom pertecbng Or taking advantage of any seeunty. (e) accept or make CgmpOSRipnS Or other arrangemen(S Or tde pr retra.Nrom 'ding a claim n any bankruptcy praeed:ng of the Customer or other guarantor: (f) tllscharge or release any party or part,es. (g) reauze on any secunly regartlless of effect on the undersigned's subrogaion or reimbursement rghis. (h) apply payments.n such manner and order of pnonry as the Bank sees flt: and (Q otherwise deal with the Customer antl co-guarantor and other part es antl secunty as the Bank may deem expedient. 3 This snag. oe a cortnu'~ng guarantee and shall cover all indebtedness and IiabilNes of the Customer, and where more Than qne the se: eras obligations of each as well as then )pint obligations. including those inctliretl up t0 such lime as the Bank Shall have actually rece'.vetl wrtten notice Of revocation of this Guaranies by the undersigned. Such revocaM1On Shall not aRect the urdersgned'S obLgaLOnS to the Bank with respect to indebtetlne55 or 6abitities of Cu5lomer to the Bank • arising pr Or to actual re0e'~pt by the Bank of Such revocation a Th s Guarantee sear: secure any balance due or owing from ume to ;'.me antl at any pine from the Customer to the Bank rc!w~tnstard'ng any aaymen(s from Fine to ume made to the Bank or any settlement of account or any other thing whdi50ey er, dntl no Ddymenis made by Or On bendlt 01 the undgrsgned t01he Bank Shall he held 10 dlSphdrge OI tlimini5h the conrnu:ng ~'~abd:ty o! the undersigned hereuntler unless wntien nonce ~s given to the Bank at the ume of makng sucn payments Inai the Same are being made br the purpose of ogwda0ng such habd'~Iy' and, unf~l full payment of al mtlebtetlne55 and ~iabvhes (~nclu0ing mteresp present and future antl whether or not payment thereof '~5 guaranleetl hereby. of Ine Customer to the Bank the untlersgnetl waves a!I tight of subrogation and al' beneM1i of or nghi to particpate n any secuniy now or hereafter held by the Banx 5 All demantls oresertmenls. notices of protest antl of dishonor and notices of every kind or nature ~rciudmg those 0' any aCPOn Or rOn~dCLOn On ;re part Of Ine GuStOmer. the Bank dny CO~gudrdnlpr Or any pretldOr Of the Customer. (he Bank or any co~guarantor cr any other person whomsoever are expressly waved by the unders~gnetl The undersigned hereby waves the r gh( IO regwre the Bank t0 prOCeetl against the Customer, dny CO~gudrantpr or any Other party or (p proceed against or apply any 5ecunty it may hold, antl waives the nghi Io regwre the Bank l0 purses any other remedy !Or the heneht of the unders~gnetl, and agrees that the Bank may proceed aga~nsi the undersigned for the amount hereby guaranteed wdhout taking any action against Ine Customer any cp~guarantor or any Other party and wdhout proceetl~ng against or apprying any security d may hdd Tne unders~gnetl waives the nghl to plead any and all statutes of limdations as a defense to this Guarantee and to any ntlebtedness or nabddy hereby guaranteed, and agrees that any partial payments by or on behalf of the Customer on any indebtedness or naba~ty Hereby guaranteed ~ndutlmg ~nteresi. shall, as of the ume each sucn payment is made. stop the running of the ume wtlh~n which an action may be commenced upon this Guarantee and shall cpnsidute a !urther waver by the undersignetl Ot the rgnt to plead any and an Statutes of bm4ahOns as a defense to (hrs Guarantee antl to any ndebtedness or I~ab~nty hereby guaranteed As to the Bank. the untlers~gned further waves any tight pt cOnir:button Ine undersgned may have against any po~guaran(pr or other party 6 All debts and IiabdNes, present and future, of the Customer to the untlerslgnetl. or any of them. are hereby postponed to the labdroes 01 the Customer to ine Bank, antl all moneys received by any of the undersgned or their representatives, - Succe550r5 or a59gnS iheredn. Shall be received a5 INSIeeeS for the Bank and Shall be pall Over to the Bank, and the undersigned and each of them further agree. upon any IigmdaUOn or datnbution of the assets of the Customer. to assign to Ine Bank upon as request all claims on account of all such debts and I~ab~l~Ues. to the end That Ine Bank shall receive all dividends antl payments On such tlehls antl habdilies until payment m full Of all habddies Of the Cu5lomer to the Bank. antl this agreement shall consirtute such an assgnment .n the event the underslgned shall fad or refuse to execute and deliver such other or lurtner assignment of such claims as the Bank may request. ca tow ser ~ ~ 7 Where the Customer is a corporation, partnership, or o;her association or receiver, trustee or other fiduciary, the Bank ~s not to be concerned to see or mquve Into the powers of the Customer or ~~ts directprs. officers, partners, associates or other agents acting or purporting to act on ds behalf, the undersigned hereby representing that such powers exist. an~ moneys m fact borrowed from the Bank in the professetl exercise of such powers shall be deemed to form part of th I:abihnes guaranteed. even though the borrowing or obtaining of such moneys be m excess of the powers of the Customer or of the directors. partners, oXicers, associates or other agents thereof or shall be in any way irregular or tlefective or informal. B. When the Customer is a partnership or other association, this Guarantee ~s to extend to (he person or persons for the time being and from time to time carrying on Ibe business now conducted by the Customer. noN+nhstandmg any change or changes m the name or membership of the Customers 6rm. 9. Marnetl persons •who execute this Guarantee hereby agree and expressly assent to the habdiry of their separate property for any and all obligations hereunder 10. The undersigned agrees to pay a reasonable attorney's fee and alt other costs and expenses which may be incurred by Me Bank In connection with this Guarantee or in the collection of any of said indebtedness or IiablLties from the Customer or the undersigned. i f This Guarantee rs assignable with any one and/or several and/or all of the mdebtetlness or ha6i6ties which it guarantees, and when so assigned the guarantor shall be bound as above to the assignees wehout In any manner affecting guarantor's liabdrty hereunder on any part of said obligations retained by the Bank 12 This Guarantee shall Inure to the benefit of and bind the heirs. admirnsirators, executors, successors and assigns of the Bank and each of the undersgned. and shad be construed as the lomt and several obligatron of each of the undersgned where there is more than one Where there is more than one Customer named herein, reference herein to "Customer" shall mean all antl any one or more of them and the words used herein m the singular shall be tleemetl to have been used in the plural wnere the context and construction so require. This Guarantee shall be construetl in accordance with the laws of the State of Caldorma Notice of acceptance of this Guarantee is hereby waived. 13 This Guarantee is m adtlition to antl exclusive of the guarantee(s) of any other guarantor(s) and of any and all pnor guarantees of any of the undersigned of Indebtedness or liabitines of the Customer to the Bank, and this Guarantee snarl in no way hmq or lessen any other 6abAiry, howsoever arising, of any of the undersigned for payment of indebtedness or liabtlitles which are hereby guaranteetl. 14 No terms or provisions of this Guarantee may be changed or amentletl without the wntten consent of the Bank Shout any promsion of this Guarantee be tletermmed to be unenforceable by a court of competent tunsdictron. all other provision sha~,l remain etlecnve Datetl at CalAOrrna • a. CITY OF RANCHO CliCA~fONGA ~~ca.ugyc STAFF REPORT ~~ _~!= - ~~~" ' > ,a,- - OATE: March 21, 1984 T0: City Lou ncil and City Manager FROM: Lloyd B. Hubb s, Lity Engineer gy; Barbara Krall, Engineering Technician SU BdELT: foPro parcel Map r 8100 ~ locatedemoo the uenorth b side rof gFooth ill Boulevard, east of Ramona Avenue • A lien agreement for the future construction of a median island on Foothill Blvd, adjacent to Parcel MaD 8100 was apOroved by City Council on December 21, 1983. li en rag reement 6e subordinate for atlien not avor of thee lenderegu fires that the Andrew Barmakian has submitted the attached subordination agreement for City Council approval. RECOIMENOATION It is recommended that City Council adopt the attached resolution approving said subordination agreement and authorizing the Mayor and City Clerk to sign same and r,ause same to be recorded. Respectfully submitted, G L B jaa Attachments -i ~ gPRO RD[NAT[ON AGRCEM LNT NOT ICC: tNld gUgORDINATiON AOR[[N[NT RLSV LTg IN YOUR SF.C UR tTT INS CREET iM TNC PROPCRTT tECOMINO SU{JECT TO AND LD4'E0. PRIORITY TXAX TNL LICN OP SOMC OTN[0. OA LAT LR S[CVR ITT INETR L'ME NT. THIg AOR CLMEHT, •ada [hie 6th day o[ MercA, I9LA Dy Ao drev and Lne gu uklen, o o[ the I•vd Nre ln•[u[ de ac Abed •nd huelva[Nr rd•rt•dr to •a "DVnar" and tM1• <t ty o[ Rancho eur..9nt• no ralnaeear r. [.tree to • °cl q^, o .nd no laar of <h• c rteln Real propa[ty and Lon A{reemant ner<lna[ter r•[arred eo ua"Llev Atw uev t", VITNCSSCTM SHAT VH[RCAg, M1vr ]ac k, NVraery Lend CoapanY and cl tY did au eu t• en• Ilan •[c•uent da ud DacarDar 31, 19g) covrlnt: Pm rc ai I o[ prtcal Xap gt00 •e ca<ordad In Donk d3, pat•a 3 and 6 o[[lclal nco[de o[ San I•rne rd loo C9uvty, gtab o[ Gll[orn le to e•cu r• ton,[rucU on o[ lepro ww•n to au cr/D•d Ae r•Ln vnlcA vu recorded pe<oear 39, l9A), •a lne ttumrnt No, t)-106610 in eha oe [lua Ranre, o[ ,a la eo nn q; and YNEPEAC, ovv er La uacu tin{ • eqd of trot[ and no t• In [avot a[ • ene Nnrtpy 6 Rulty invu to w, A M•rylmd 0..E.LT. M1•w (natter ret•rr•d w u "Lmdar". VNEPEAE, it 4 • onditlon precedent t me 4lnt a•ld loan tiu r s•ld dud of eruct lot •Dov N•ntloned shall o an dltlonallY De •nd ma In at all elvu • lien a cn•ct• upon tha land hew inb•(9r• eutrlb.e, pr for .na ..parlor eo ana u•n or cna rte e[ ana u•n Atr.an.n t; ,na VNLR [AC, 4ndar Ls vll slog [o wake a ld Lo•n prov lded cna deeJ of eru,t , curing the , t, • Ilan cna rt• upon ene aDOVe du crlbad proper tY prl9r ana aup•rtor to cM1• Ilan o cna tae of [ne Ll•v A{w acne end pre rtded that CItY vlll epa<t[t ally end uncmodl tl9n, uy ,.Dn rain u• [n• teen o cna rge ue the Llen A{r•om[ to tM u•n 9r the rge at the rJeed a[ uvat In tv vor of Land•r; end VX EP [Ag, It le tA• mu [uel Oeneflt o! the partlea hereto ene[ Nvd•r Nodl [Y ,e ld loco to Oun<r; •nd CItY 1, Vl llfng [net tAe dud 9( t[uet , urln8 the , ,pall c atltu t< • Ilan mr cner8• upon old land vnlch t, a ondl [tonal lYOpr tar ana avpe rl9r ro [M1a Ilan at cAa r{• on cna Cle nc AB re •me rat, NOV, iX ERE FORE, In con •lde rattan o[ the nutual Dene (lt, a acing to tn• Pu Ua• M1ar•ca •n0 otM1er v•Luabia <on,l d•utl9n, tM1e nce(pt end ,Yf[lcl•ncy of vn t<h c n,ldera el9n s nareby •c4noul ad{ed, •nd In order t0 Induce Le nd<r to melee the In•n aDov• u (e rred ter l[ (s h<reDy dec le t<d, und<[r tend enJ .,d Geed •, [ellmu: (tl Tnae ad d<.d of tn,et rtnL .le oe< in (•votaof Lander end anY [ene vats o .Rte neion, th•reo 3, shall u 9naltlona sly Da and r mala • at all tlau • Ilan 9t costa. of the pro yet ty tha rain eucrlDad ptlor end eup•elar t9 the lien or cna ry of th• Ll•n At ra uen t. (1) Tnet Lender ve old not uk• ( u loan •DO V• de at rl 0.0 vl thou[ tnl, •YDOre Ina elan ' •tru Nen e. V O7 Thet tM1la etrQea.ant ,hall b• en. vhol• end • ^ ~ ~ / n u Doty .ar••.•nt oleo r•a•re to tn. ,uboral- n•tlu e[ [n• llm er cMr{. of tn• Llen Aar.•..e< to tn. u.n o <n•ra. o[ [n. e•<a o[ 'tru,t Iv error o[ Lmau •be r• r•[uua [e end .n. a ,up. r••a• .na <•n<a . but only ln.or,r sole •r[ut tM p[to[1 [Y b•tr on tM auJ o[ tru,t •ne Clm Aacuunt •nY pr4or .a r. •..o a ., to ,urn .ubo ra ln.rlon Inrteelna, but net ll•tt•d to, tho•• pr•rl,lan,, 1( •ny, can ulna In en. Ll•e AR UUnt rnlcn provl a• ror [M1• •uboreln• Uen •( tn• II•v a cnua• ~ tn. r. of to •netn.r aua or a•.a. o[ erru er to •n•tMr ••rtNa• yr •ereV S•.. rn. <ur a.nt•r•., .u..• .na .<Rn•r 1. aa•, tna: (.) x. to t.n uon•I ly .nee on el uon.ur r•w.•, r•unq•l.n.. ena .ubora In a•. too u.n o <n•sa. o[ tn. u.e Aar.•..nt to rarer omen. u.n or <n•ra• upon ..1a l.na of tn• a..a er tru,t In error oe L. na.r .bo.. r. t. rr.a to .•a ev a. r•~ne. tort In •Il•eu vp•n, ena In ens ld,u floe o[ tole r•lr•r, r•lln9ul,nunt ena ,ub eralu tl<n ,p•cl[lc l0•n• •Rd •erucu . . D•lna •ea rtu b• ..a. .• . pert .na p•[c•I tn,u at, •pu iris •ee•urr ena •tn•r obl/a•tlon• •r• balsa ena rill b• •n t• ua Into rnl<n ute not b...e. or .e t.r.a lore bus ror old rell•ou upon tot. r•Ir•t, ra maul .n..nt •ne •uberaln, uon; .na lb) An rnaenu•nt nu barn pl,ee euPen rn• Ll•n • Afuu•nt tA•t ale Lim At[••nmt nu by tAl, ln,[runrot bun ,uberaln, ua to tM Ilan e <nera< or tn. a•.a o[ trey In r..or oe L.naer •bo.• c•r•rwa to. HOTICF: TN[S SURORDINAT tON AORE[Y[NT CONTAINS A PROV [5 t09 YN[EN ALLOYS THE PE0.SON OaLIOAT CD ON YOUR PEAL PROPERTY SEC ORITY TO ObTA [N A LOAN, A PORTION Of YNIEN MAY RE E%PEYDEO f0A PCRPO SES OTX[R TNAN IXPROY EMEMT OF THL LAND. L~N..II.. ` ~~~ Ar OY! - AMOM1EY RARnAKIAN 3 ~~~ ~ //' A'.`` '~ DArL w;E - ~ a; RnnnnKt nT DATE <ITY CCE K I 'r~.~-_-.i. e . ~,r,. MAR 1468/ L' :,. -- 30 St. ra o[~,_~1 r:OYn[Y ) 90 tnl• tna d.Y at ~ l9~ Pvell<. pa uona Y •ppu to kneun a[e •a to • roar Drx •Rn • v oaa .ua a •oe arlead to tha uttnln ln•ee want and knOVlaeyed roar •pcu[ad [na aua ter [M Durpoau thaceln conb lne a. IN VL TN[SE VHE0.EOi unto •er ny nand .n_ tllcl• •ul. OFFSC:.iL S^_aL // 1 '~ N.tNFfip N Py,RTVGPGN ' I ~ .+~. y' xc ReansPVlm cwnn~ S t•ea a[ ) couv ey of 1 an [h la [n• day of l9 , • h. rd ra u, t • un ar•l~n.T'no ury poetic, p•n ena y •pPU Cad known a[o w [o tMr per•00 U ono •a na0a a •ub •c r(bad to tnaaul coin lna tr0aant and •cknoVtad{ed char a aaau[aa tM uu roc eha Dv cpo+u [Morn <on a lnaa, [H V[TNESS V4 Ep EOPr t ne revn tv •et my nano •nd ottlc 1.1 au 1. Sou o! ) County o[ ) On rota [Aa day o! ID e. to [. n [ne .nnaratEn<a no [.<y Punllc, pe t•ona y appeared kn am ace n to e. [Mt D•t•o nla .nose avb wrlbad eo tha ul[n to In•[ranen[ anA a<4nOVteJ{aa teat a•av utetl tha •aaa [RC eM putPO aaa ena [e In tan Ulned, IF VITHESS Vu Eh EOP, t here un t0 oat my Nna and ot[lc l•I rul. ~` 3 • RESOLUTION N0. 03-21-02CR !N "~ y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.MONGA, APPROVING A SUBORDINATION AGREEMENT FROM ANDREA BARMAKIAN AND AUTHORIZING THE MAYOR AND C[TY CLERK TO SIGN SAME WHEREAS, a Real Property Improvement Contract and Lien Agreement for the installation of a landscape median island along Foothill Boulevard was approved by City Council on December 21, 1983 and recorded in San Bernardino County on December 29, 1983, Instrument No. 83-306629; and NHEREAS, for the developer to secure financing for the project, the lender requires that the above-mentioned lien be subordinate to the liens in favor of the tender and any other subsequent first deed of trust replacing the liens of the lender; and HHEREAS, the developer has submitted a Subordinate Agreement to that effect for the City's approval and execution. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Subordinate Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said • Subordination Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk attest thereto. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: ABSENT: on D. Mi a 5, Mayor ATTEST: Lauren M. Hasserman, ,ty er jaa n ~J ~ .. CITY OF RANCHO CUCAMONGA c~~,Ko STAFF REPORT ~~' "~~.~ x ~~~~, lip PZ "^ DATE: March 21, 1984 i9 70: City Council and City Manager FROM; Lloyd B. Rubbs, City Engineer 8Y: John Martin, Assistant Civil Engineer SUBJECT: ADproval of a 0.ea1 Property Improvement Contract and lien Agreement for tract No. 12320 submitted by Barclays-Terra located at the southeast corner of Archibald Avenue and victoria Avenue The attached resolution is for the acceptance of a Real Property Improvement Contract and Lien Agreement far the postponement of construction of a one-half landscaped median island along Archibald Avenue. This condition was placed on the subject tract at the time of tentative approval. RECDMMEMDAT IDM It is recommended that City Council adopt the attached resolution approving the Lien Agreement and authorizing the Mayor and City Clerk to sign same. Resoectfuliy subp~itted, AttdCmentS 33 RECORD[N6 REgUE5TE0 BI: and NNEN RECORDED MAIL T0; LITY CLERK C [TY OF RAN GNO CUC AMONGA P. 0. Boz 807 RANCHO CU[AMONGA, CALIF00.NIA 97770 REAL PROPERTY IMPR OYEMENT CONTRACT ANO LIEN A6REENENT M THIS AG0.EENE NT, made and entered into this ,1 __ day of ~~?rt ••( 39 Ak, by and eetrte en Barclays/Terra, a General Partnership (hereinafter referred to as "Developer^!. and the CITY OF RANCHO CUCAM ONG q, CALIFORNIA, a mun iclpal <orDar ati on (hereinalf er referred to a5 'CitY"), provides ds fOlipMi: RHE0.EA5, as a general condition precedent tD [ne • recordation of Tract No. 12720 and 12320-1, the City requires the con sir vc:ion pt missing aff-site street improvements includ in9 One-half landscaped meth nn island adjacent to the Drab er ty i0 be developetl; end MN EREAG, Ue 3e velOp er desires to p05tpone construction of such improvements until a lacer dace, ds d¢[erm~ned py the City; and N HERE0.S, the Lity a igr¢!ab'~e tp sucn postponement prOV idea tnat the Oeve toper Inters into [his Agreem en[ rl quit ing 4lle OavelOp lr [0 cO nStruC[ Said imprOVege9t5, dt no ezD ense CO the City, at ter demand to da so by tn! City, xhich said Agreement snarl also Pr nv H e tnat Lne City „ey r.o ns[ruct said improvemen is if the Developer fdllf Of degleC LS LO d0 SO And to at th! Li [y snail have a lien upon the r e ai property here inafter described ds security for th! Oeve toper' s performance, and any repiym en[ due Uty. r ~ `~ NCY, THEREFORE, THE PARTIES AG0.EE: • 1. The Developer hereby agrees that they will install oft-Site ft rest improvemen t5 including one-halt ion dsc aped median island with appurtenances in accordance antl compliance with all appltcaole ordinances resolutions, rules and regulati phi of the Lity in effect aL the time of [h< inSlallati0n, Said imD raven cots shall be installed upon and along Arch ipald pv enue. 2, the installation of Baia improvements shall be comb letetl na later Loan one (1) year following written notfce [¢ the Oeve Loper from [ne City LO Commence installation o/ the same. lnstattatlon of sold imD rpvments shall be at no expense to [ne city. 3. In Me event the Ceveloper shall (all ar re/use to complete tn< installation pf sold improVlm cots in < time 7y • manner, City mey at any time [herea/[er, upon giving the Ceveloper written notice of its intentiop to Oo so, enter upon the property nereinaf ter de strip ed and comp 7lte said improvements and rec OVer all casts of completion incurred by the Cify /r om the 0¢v¢lOp er. Fach parcel created py recordation of said maD sh a!I be subject to a prom;ed amount on a per acre basis. a, To se as re the performance by the ;evel0p¢r of the terms and conditions of this Agreement and to secure the repayment tp Clty al any fonds which may pe expended by City in <pmplet ing Said '. mp rovement5 ~DOn def aul[ by [ne Ceveloper hereunder, Me Ceveloper da es py rnese presents grant, bat gain, sell and convey to the City, in trust, the Iollow ing described real property si Waled ,n the c'. ty pf Ra~cHp Cuc anonga, County pf San Bernardino, State o/ ,al ifp rni a, to-wit; A sub0 [v lslon o/ the 4eSt 1/2 0/ lot 9, Block 0, Cu ~nonga Monestead pss oc lotion as recorded In Map Book 6, page a6, Records of San Bern ardlno County Recorder. • 2 . (~~^ 3 S 5. this conveyance is in trust for the purposes descrfbed above. 6, flow, therefore, i/ the Developer shad (aitRfulty Dertorm ait o/ the acts ono things to De done under this Agreemin t, th<n this cOnv<yanc! ih all D! void, Otherwise, It shall remain in tutl fp~c< and effect and in all respects shall De consider ed and treated as a mortgage on the real property and the rights and obligations of the parties with respect thereto shall De governed oy the provisions 01 the Civil Cod! of the State of CaliPornia, and any other ap0licaole statute, pertaining to mortgages on reel property. 7. This Agreement sMll be binding uD On and shall Inur< tO the benefit O1 the hefts, eaecutOrs, administrators, successors ono assigns of each at the parties hereto. • 8. io the eaten[ repaired to give effect al this Agreement as a mortgage, [he term "Developer" shell De "mortgagor" and [he City [hall be the "mortgagee" as those terms are used in the the Civil [Ode Ot the Stat< 01 Cd11/ornia and any ocher statute pertaining to mor[ages On real property, 9. If legal action is commenced to enforce any o/ roe provisions of Goss Agreement, [o recover any sum which the Li ty is entitled to recover Ir am the 9eveloper hereunder or t0 foreclose [ne mortgage Greet ea ne reby, then the prevailing party shall be em it fed to recover its casts and such reasonable attorneys fees as shall ]e awarded by the Court. V v [N NI7NESS uNER EOF, the parties hereto nave e.e<ute0 • this Agreement on Ine day and year first above written cirr N...1.1a t.y.BT t,..,p, p..6a. et OEYELOPER 6 cs.T E _T... ~, i La,,,, by CITY Of RANCHO CU[ANONGA, CALIF00.NIA, a municipal /r carp Oratipn ~• ~ By --~ NaYOf.._ ~ • APPAJVE7 LS f0 FtlAM ATTE S7: M0. MAR 141981 er_ %/. .~ auren ~ ass erm an ~, rv, ~ - [itY Llerk Eua.<o.: ••orr...:,n raa. ......~~ u.a......u..~.a w.... •. a •uu u............u aa• u.... STATE OF CALIFORNIA COU N7Y Of SAN BEANAAOINp~ ss Dn ,19 ,Deiore me - Me un ers 9ne N04ry u c, persona y appeared N N L personalty known to me to be the Mayor o/ the LtTY OF 0.ANLx0 • [UCAMONG A, CAIIFORNIA, a municipal torpor etlon, end known tp me [0 Oe the person who <a<c utld the withfn ina[rum ent On b<nal/ of said municipal cOrDOratian, and acknowledged t0 me that sucn municipal cOrpO ration <aeute0 it, NIiNE55 MY HAYD AND OF F:C IAL SEAL. Yo[dry Igo dtJre 5•+rEM1t `µ,vG OYyn 4~VQ.19•A~j2a' ,~ „~~ ~ .DefOre - . r ~ y mw w,w ~..wr..e T F ~IMa~Et • ..,y.„~ ,.a .u..~. o.e~.~,vr,.,, ~ , x, o e t e ~ ,.,. _,.,~ ~~:.,.,a.M.,, a. m. o..,av.. ,, ,_ . ,. ,-. ,,, ,.a,o.., r<e.... a wi loin .,. .~. ~ __7v/_ ~ ~ 4 ~e~~~ r ~ as :...".,` ~-j a~•vess.-.,.,.n,. , „ 'J ~„' RTNEq SNIP , . w., so„,~.~, /1)G 2tG~ f~L~ ( r.eQ f%/a+ ti ~ , ~ER SH[P ) ls. ~,.,,. .,,,„~~n „e~.+. nun 0 ~ 3~ ~ • RESOLUTION N0. -03-2t='0'LTZ" g`~^~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCPMONGA, CALIFORNIR, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM BARCLAYS- TERRA FOR TRACT N0. "12320 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, Tract No. 12320 located at the southeast corner of Archibald and Victoria Avenues submitted by Barclays-Terra was approved on January 26, 1983; and WHEREAS, Installation of a one-half landscaped median island established as prerequisite to issuance of Building permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by Barclays-Terra. NON, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the Cfty Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. • PASSED, APPROVED, and ADOPTED this 21st day of March, 1984, AYES: NOES: ABSENT: on Mi a s, ~ ayor ATTEST: Lauren M. Wasserman, City erk jaa ? '~ • CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: T0: FROM: BY: SUBJECT: March 21, 1984 City Council and City Manager 4971 Lloyd 8. Hubbs, City Engineer Darbara Krall, Engineering Technician Agreement with Lowy Development for Base Line Improvement in Conjunction with Tract 11350 Nith the development of Tract 11350 by Lowy Development on the northwest corner of Base Line Road and Hermosa Avenue, it is to the benefit of the City to participate in the widening of the south side of Base Line Road east of the centerline of Hermosa Avenue for approximately 650 feet, and a portion on the east half of Hermosa Avenue north of Base Line Road. Coordination of the project results in savings in design and construction costs. It will also result in abetter street design. The City's portion of the estimated construction cost is 5113,806.00. RECOlMENDATION It is recommended that City Council approve the attached agreement with Lowy Development for participation in the widening of Base line Road. Respectfully submitted ~ ~_ L~K: j as Attachment GL;GMp 7 ~' ~~ <; z' r •4•" •TJ y, ~ Z lij 39 • ., AOREEMEXi BASELINE ROAD - MEFneSA AV ENVE CONSTRU[tION AOREEnENT iN 15 A00.EENENT, made and entered into this_eay of 1984 by and be Meen the CITY Of RANCHO NCAXOHOA, CAL IfORNI A, a municipal corporation, herein- after referred [o as "CITY", and LOUY DEVELOPnENi CORP., M1ereinalter referred to u "OEVELGDER", provides: ulixESSETN uxEREAS. DEVELOPER is develppiny Tract 11750 in the GIiY, tocat ed an the norN- w<st corner pf 0a s<1 in< Poad and xermosa Avenue; and NHEREAS, DEVELOPER as a conditipn of said tract is repaired [e improve port i0nf of Baseline ROad xst of Xermosa Avenue, and Hermosa Avenue west Of the centerline of Ne rmosa Avenue; and 4MEREAS, it is the w; sM1 of Ne GI TY to jo;n witM1 ehe DEVELOPER in the cancurr ent improvement of Ba se U n< Road <u[ o/ Mermosa Avenue, and N<rmosa Avenue eau pf [h< centerline of Norm sa Avenue; and BMEREAS, eM1e said improvements are designed by eM1e Civil Engineers, bsoeis ud Engineers of Ontario, and shown .n the CITY app roved dnniny No. 4)O, Sh<BS 1 to rough 4, M1e reins/ter referred to as "E%NI BIT A^; and • uX EREPS, CI iY's and DEV FIOPER's respective re sponsi Di lily far casts of regards the imp rov<men is shown in E%M1IDIt A shall De as Follpw 3: DEVELOPER'S PESpON51BIL1 iY FOfl COST: Improvements of Baseline Road as shown On Shttt 2, ExM1Ibt A; impr pvenents west pf tM1e centerline Of Nerm sa Avenue a3 shun on Street 3. Exhibit a; striping and installation of signs en Baseline Road from Te aA Hay to Me rnosa Avenue as shown On Sheet 4, ExM1i Eit A; sn ipiay and ins:alla[ion o/ signs en Nermesa Avenue Irom 0as<iine Rcad :o Leni[a Drive as sDewn an SM1ee[ 4, Exni bit A. CRY'S RESp O115101LITY FDR rOST: I-uro.--tints of Ba .cline Road ai s"awn On Sheel I, Exhibit A, improve^enb east of the cen lcrl'me of xer-o,a Avenue as sMwn on Sheet 7, Exhibit A; strip'~~g and insta llat iun o/ signs an 9a seline °ced from xe rnosa Ave- nue to STA. 31 a66 as shp~+n on Street 4, Eahi'pit A: striping and installation of signs pn He rnosa Avenue from 0asel ire Rp ad to so ut nerly of Basel ice Poad as shown en SM1aet 4. Exhibit A. YON, T'sER Ef ;RE, Ii IS •.ui DALLY A:P EED AS a:LI TaS: I. ;EVES OPER SIIA LL I. Act as [ne lead agent in :ne a;nseru tti m of Baseline enact antl xe rnpsa Avm ue as shown in Exni Di[ A. i. Provide all labor, epvipment and materials antl supervision repaired to • complete ccnzt ru coon o/ sd d inprovu -ants in acw Nance with apP roved plans, fpeclllcations and eftima [ef prepared join [ly by CIiY and ofVEL• OPER antl as approved Dy the City Engineer. ~"~ R. X10 j, Solicit Dldx, a.ard, and atlmini ster all construction contracts and make all• progress p>ymen ti. Y. [onvibu[e Funds sufficient to cdnplete the scree[ improvement .o rk as defined in Exhibit A and as st.pulated M1e rein. 5. Provide CI tY at completion of construction • detail audit of all cost and division o/ funding resDOnsiDil icy. 6. Arrange instillation of the underground utilities pertinent to ene develop- ment of Tract Hm, II}50 within street rigors-of -eay within the BEVELOPER's portion of the we rk prior to final Dav inq of Baseline Aoad and Hermosa Rve- 7, Provide CITY upon acceptd tie of all the inprovc*enI wrk Dy cne CITY vi[h a ra intena nee bone of the amount of ten percent (108) of the tool con- struction cost o/ said improvemenu /or a periotl of cne year. II. CI iY SNRLL I. Pay to BEVELCPER, within tni rty (Jd) days alter approval of progress paYnen[s invoic¢d to the CITY in an amount proportionate with the quantities Of .+o rk canple red on the EI iY's rv rk hams to the date o/ billing less a ten (I O) pe r[ent retention. 2. Upon a<cep mote of CI1Y's portion of the improveme n[s by CITY, CITY • shall Dav m JE IE:CPEA an amount which, ;egether with the previous pa~, -cots as sta;etl in Parayrapn I above, shall constitute a total ayyregate of ene Fc nd red p cent (100`;) of tie actual construction cost of CI LY'z cortien of the imprpr<R.en[s. Said Ca yr<nt shall be mane by [I'Y n coin thirty (7~1 days after CITY's dGG<planp~ of the saia i-, rem ~ ,s. j. Jpon acmctate of all ,..., ,, u., ,n ..o r+ s-d receipt Cf ten percent (ICS) -a~,. era ce -C^d -.r a..-ed earl i<r, LITY shall release CEVELO PER tram all '...,. ,c yat~nn e_.-r q .; ~pl etlon of wnstrue- tion. III. li IS "+i': ~: LY AgAEE B: 1. Teat the Gir's cast of c,mtructi<e and tha JEV EIOPER's cost of <onstruc- Gon ~, .~, ._r .ill mot `-c s,.al. 4ttac heJ he rem as En n'~Dit 0 is a sched- Yl0 .+nI C11 Sets Tortn d Slyd::^nn of tH¢ :Sri-atpd y'u dn(icy Of COnsIrUCtiOn materials exp¢clctl t0 Ce used (or II,e StrCel i-Dr OVerents of HOrmOSa .1v enW and Baseline Apae, saia Exn~blt e, Sheets 1 and 1 of 4, is the schedule of [I tY's portion of the esti vted ~ an uty and ;he estimated cost, and $heeb J and k of 4 is the schedule of BEVELCPE0.'s part ion o/ the estimated tits and the estimatetl cost. 3. In the evene anY legal action is commented Dy ei tiler pa rtY to en lorq ibis pgrcement or to recover any suns dw bar<under, cne Prevailing party still ba entitled to reasonable attorneys' lees and court <of ts. '// ~Ihis Ayr<ement shall inure to Ne benefi[ o/ all assi9heu and successors in in[<rmt. • Ix 41 iNE55 Nx EREOi, [ha! parties have caecuteb this Fgre<men[ at Aanc F.o Cucamonga, Cali/ornia, on the Day and year first above .ritten. [IiY Oi AAx[x0 CUCAnONUA ey LOVy DEVE LOPr.EYT CO0.P. By: Allan H. Lowy~TlSte!!R"-, ATTEST: APP0.0VFD AS TO fORM: _ C_. 1 CITY PTT HF • S1aiE OG Cau[CpMa ' COVnN OG a.,]/,^/Yj{.: r ISS On mnM Gard //.iI '. .q `/ ! IM wM9gngJin WnN GudK n aN Try YC C.wnY ~rep5ra,! oanmW aowan< ~' IO nYdpoaON mammlpaYa 0~5a1nlKbrv hKKK~ a! rlw .. _ a•ryMw Qet 7~Y Awwnly+saawanm<map~alwawYas~eT~ Savav! d M rwm.nw m!1 en[Yp "! n w ~nurv~.rn m <ann a w romdacn xmn •amw m .~.-o.~ z? wq.< to ma mn aun :><daron c.H~e.n ~! . •,.. -s.:.... 3 .S '~Atiti .n'/ whir ly.n r; .... _' `/.4~ ! Y ~- Il+.n.n. nlwa~lna~q:nq:;r ~n.,..nr!<iJ Is.<em cn.lrnmlM,;aal,+sx• e ~O Hal q1 syaat~ ''~~''~~ OFFICIAL SEAL ' ~ L'i..i XIA I ~.~ ;x;D[v :-van 1. 5 0~ 1}1a. Iminx q Lf 4( 7 L ~! ~. 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N~. 11350 I /I BASE LINE R0. >,...~ W C! D' Q ~LW m Ala ti > d N C / MOEIIE NOME of a V PARK W S EOISON SUBSTATION 4 1 ~.~.. ' lE0EN0 ¢ r---) • ~ I --J OFVWORKER PORTION CITY PORTION OF WORK y~ ..nom nn n . c.~vn nr,n • w.nur n r1 U STAFF REPORT DATE: March 21, 1984 T0: City Council and City Manager 1y1~ FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Release of Bonds and Notice of Completion Parcel Map 5269 - located on Hillside Road at Moonstone OWNER: H 6 5 Properties 1030 Neptune Leucadia, California 92024 Faithful Performance Bond (Road) ~'~ ~ 7'n < > i, r ^' O Q A F_Ii U ~ J {~% 540,500.00 The road construction has been aDProved as being in accordance with the roaC improvement plans and it is recommended that the improvements be accepted, the City Engineer be authorfzed to file a Notice of Completion and the Faithful Performance Bond be released. Capital Improvement Protect - Base Line Overlay, (43-20-51) OWNER: Fontana Paving P. 0. Box 847 Fontana, California 92335 L ahor and Material Bond 527,481.00 U'1 0.ECOROING REOUFSTEO BY CITY OF 0.gNCN0 CUCAMONW P. 0. Box B07 Rancho Cucaonga, California 91730 WHEN RECOROFO Nll(L T0: CITY CLE0.1( CITY OF RNKNO CUCMpNW v. o. ROx Rol R anchp Cuc amonga, Ca11/Ornia 91730 NOTICE Of COMPLETION NOTICE IS MERE BY GIVEN TNXT: L The undersigned Ii an owner of an interest or estate In the hereinafter deicri hed real property, the nature o1 wni th Intlreit or estate Is: PMCEL M,1P 5269 2. The /u11 name and addrets of tIN undersigned awner is: CITY OF RANCNO NCIMONW, 9320-C Aase Line AOad, P. 0. Box 807, 0.mcho Cucamonga, • California 91730. 3. On Me 21st day of March, 1981, there was completed on the hereinafter des cr ioe0 real property the work at Improveeen[ se[ fOrtn in Me COntfatt dpCWAM [S tOr; PARCEL MPP 5269 0. The name of the Original can h actor for [ne work of Improvement as a whole w+s: M 6 $ properties 5. Tne rlai property referred [o herein fs situated t the C1ty of Rancho CuUnronga, Cpun ty of San Bernardino, California, and is descrieed as follows: located on Nl it side Road at Moonstone CITY OF RRNCNO CUCNaONGR, e municipal corporation, Owner L goy du s, rty n9i neer ~4 RESOLUTION N0. 93.7}+QICTr 6~~.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 5269 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel MaD 5269 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: ABSENT: on Mi a s, Mayor ATTEST: Lauren M. Wasserman, City C erk j as cp CITY OF RANCHO CUCAMONGA ~uCAArp MEMORANDUM ~' ~~. z ~~ c~ F, U~ liZ ~j a 19ii I • DATE: March 14, 1984 T0: CS[y Ccuncll FROM: Lauren M. Yaeserman, Cicy Manager SUBJECT: RECOMMEND TRANSFERS OP UNAPPROPRIATED RESERVE P11ND3 TO CITY FACILITY RESERVE FID7D AND PARR ACQUISITION AND DEPELOPt0:NT RESERVE FUND The Clty presently has approximately $609,677 available in des Sgneted reserve funds and $2 million which fa on loan to she Redevelopment Agency. The latter amount will not be available until fiscal year 1987-88. RECOMMENDATION: 1. It is recommended that of the designated reserves, $280,451 be earmarked [o the Park Acquisition and Development Pund and $)29,226 to the CSty Fac 111[fes Fund. Nith these cranefers, [here ie $430,451 in [he reserve for Park Acqu fa It ion and Development and 5904,226 in [he Cicy Facilities Reserves. The Park Acquia Lt ion and Development Fund ulll increase as Park Development fees are received. 2. I[ is recommended Ghat at the time the loan from [he Redevelopment Agency is paid off, funds be appropriated evenly between the Park Acqu1- sltton and Development Fund and the City Facillt ies Fund. ). IC is recommended that effective [his Etscal year, all interest earned from reserve funds and funds loaned to the Redevelopment Agency be appropriated to the C1[y Pac it hies Pund. LMN/bas s~ CITY OF RANCHO CUCAMONGA MEMORANDUM March 1, 1984 F To: City Manager - From: Finance Direccot~~ Subj ec[: Reserve for Civic Center Of Che $3,570,070 in Aeserve, $2,000,000 is on loan to the R.D.A. There is also designated in Reservres $575,000 for City Facilities (Civic Center should love so desire). Of course $575,000 won't even pay the architect lei alone build a Civic Center, so iC we intend co finance constrnction without help f2om a Bond Issue, etc., [hen we will need 4 54,500,000 in today's dollars. If conettuction is to start in three years, [hen 51,500,000 needs to be Reserved each year. This doesn`t seem likely; however, $500,000 anems within reach. ThereE ore, I would recommend $500,000 this year, also recommend the[ interest earned by Reserves be designated to City Facilities (Civic Censer). This could amount [o another $200,000 this year. In addition, monies designated for changes in Economic Conditions could also 6e used to finance a Civic Cantet. At Chia point in time [here Ss over $2,000,000 in the cats gory. A need exists to address Parks as well as a Civic Center. Already there is designated in Reserves 5150,000. This also doesn't go very far either. Again, a re-evaluac ion of those funds designated changes in economic conditions cow ld result Ln a shift in Funds co Parks. S ~- MTV l~r. D ~ AL!`Vll f'T'!+ ~ ARIIATI` u • STAFF ftEPOftT DATE: March 21, 1984 TD: City Council and City Manager FRDM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Quitclaim a Portion of Eighth Street at Haven Avenue Gv...~.,V T: f~ ~ 'i- E~ i ~9%7 Eighth Street was previously abandoned by City Council Resolution No. 83-99, there however, remains a portion thereof which the City holds fee title. Submitted for Council consideration is a Quitclaim Deed that will transfer that portion abandoned to the adjacent property owner. RECOINENDATION It is recommended that Council adapt the attached resolution approving the Quitclaim Deed authorizing the City Engineer to sign the deed on behalf of the City. Respectfully submiyted, V LB~I: , jaa Attachment 53 r1 i~ • n[conuNa n[ou[rtm r wAC[ arrev[ YNm udN[ row +[cono[n+ u+[ Corporation ~ukclaim Deed wa '~ L r ~I Tlm undeaynN nam«ul &enR1a1', Oaeummeary pander menS f ) campund on lull valor d pmpenY canmyeq or ( ) canpursd m full value la value N lum and mcumMancm rtmaioiu[ m vin N ra4. 1 1 UaimmpornM area: 1 1 C6Y of aM 1011 A VALUAt1E CONSIDEMTION, ramp N Nail i ArMy ar6^4yad. Ghe CITY OF MNCNO CDCAAIONGAr a mwiclpal carporatlon, aeayamxmumatµmYiQ>aq+W mdf>tnel Aerdy REMISES. NFJ.GSES AND QUITCLAIMS rd CAOELLAC FAZRVIEN/CALIFORNIA, INC.r a m[po [anon, rAe Iolla.rnl demAN Ral progeny 'rn rM City of Rancho Cucamonga, CaunlY Of San Be[nardine ,SU1eN Gh4mu: Said land is deaezibed in Exhibit "A" attached hereto and made a part bezeaE by this re Eezence. GrR6mexlh'FtwakrHxwnoxxaplnx r1NNfixSt xNRNll7t NMnf.Mll xRkRfStX~!eMIMxA x11~ItlA'ftNxlRlc mmtwMebaulNSxxllyJAyyaNxYN%nnaNxn.xatXNNAlIkx OmalmumlkrAmmAa R Dnedo 1TC 01 ULIfOaale Rr !OU r pEx~ on ..r rn..na.r ea .rpM a Vx.n Irn ana Im .ard , y.r., ~rlr gp.rre 9YNlyd) Am. in ne u 4 0e. Prnrarnv and Mnn re mm re G nd da UrMa rturN rN nrMn In.numr nn.n re mar M rM Rrwm rnrr vrtnN pr .rrArn In.rl trlrNl N rM lxRlarrw AMrn and me~Aar rrulr lmpwarren faeenN rb .nArn n Flan a r rrNeran al m Lard N pm °Y enr`L`a er n.md .nd nar.N .a. +RY-. E1(NiBIT aA r rw_tr~.a_..,_n Tide OrMr V^ R Imn a-r r .. u 83133 02-28-94 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF VACATED EIGHTH STREET RANCHO CUCASIONGA, CALIFORNIA That portion of Lot 4, Section 13, Township 1 South, Range 7 (Vest, San Bernardino fiferidian, in the City of Rancho Cucamonga, County of San Bernardino, Ste to o[ California, according to the fifap of Cucamonga Lands, as per plat recorded in Book 4, Page 9 of Steps in the office of the County Recorder of said County, end more particularly, being that portion of the land described in that certain deed to the County of San Bernardino recorded fifarch 14, 1874 in Book 8387, page 57 of Official Records in the office of said County Recorder, described as follows: Beginning at the Northwest corner of Parcel 23 of Amending Parcel fifap No. 6194 as shown on the map tiled in Book 66, Pages 66 through 70 of Parcel fitaps in the office of said County Recorder; thence North 4°14'49^ East 36.43 feet along the Northerly prolongation of the {Vesterly line of said Parcel 23 to the Southerly line o[ Eighth Street, 60.00 feet in width, as shown on said Parcel filap No. 6194; thence South 99°31'52" East 236.00 feet along said Southerly line to a • point of cusp with a tangent curve concave Southerly having n radius of 370.00 feet, said curve being also a portion of the Northerly line of said Parcel 23; thence along said Sortherly line, the tollowirg courses: tVesterly 111.96 feet along said curve through a central angle of 17h0'15" to the beginning o[ a reverse curve concave Northerly having a radius of 430.00 feet and lvesterly 130.12 feet along said curve through a central angle of 17°20'15" to the point of beginning. ~ -~ G ALD F. OLDENBURG, 3246 6tN181T ~,• C~ * PORTION OF 06E0 TO COt/NTY OF /NO E4 B1B] s ] D R R ® • ~ , . . O p SAN BER NA VACATED E/G//TH sTRGET PER C/TY © OF 1ANCN0 CUCAM ONG4 RES. N° BJ-99 PER /N9T. ,V? Cis-/•~BBB2, O. R~ Q* GE/N4 •'\L9b THE LANG OESCR/BED /N A Q V/YCLA/M OEEO F40M TNE. C/TY OF RANCi/O CUCAMONGA TO CAO/LLAL { FA/RV/EW~CAL/PORN/6, /NC. i ~pROPO3GO~ NW. C04. GOTt t~ A. T.45. f. RA/LR040 0 O 1 g Ei:i :~Y~ ,:T2E c-: OI seavrsx'c s/•.~J• ~' Js 00' 1JS/~S' ~~ ~ NI•/IVa•E r RAJ>o,co ~ I P. a. O. B. NW CDR. h• \j ~ PcL.1J I 'SON \ \£ 4 0 i, , • 1 ~L~ 'Cr CC' OI ! I / V /. i /( 3 t i ' lV• I Lj" ~^ r ~ / r. , s., _. , s......,. "O CITY OF RA[YCHO CUC.A,tiK f~ ~' b ~' ~ ENGINEERING DIVISION C 6 ~ VICINITY MAP n N page * A POR r/ON of OEGO To COUNTY of O SAN BERNARD/NO PE4 e!E]~E]/O.R, VAGAT60 E/G4TN STREET PER UTy O OF 44NCM0 CUChMONG4 QES. N° BS-99 PER /NST. No e3-/LBBA2~O..Q. Q:k EE/N¢ AL30 THE LANG OGSOR/EGO /N A QV/TLLA/M GEED /ROM THE C/TY pF RANCHO CUCA.MONGA TO L40/LLAC FA/4V/EW~CAL/FO.CN/A/ /NC. (PR OaosEO) Nw. co4, tors SEC./!/ T./3.~4.]W. f E A. r.vs. F._RULRpao 0 o I 0 F_ i:i ~ ~2cc~.' /` ~ pl S MtE'li 3Jt E!•J/'J2'G J/2. P!' 00' IJ3. S' 3 0 NlrY19'6 y ~ ••• ••• ...~ Z ` R ~ J]0.00' ' I i N \ L ~ ///. 96 Nw cOR. ` PC 23 N \~~ 4 ON I I \ J I N O \£ ~t ~ ~ W I I W~ ~ ~ n .~ ~~ \ ' I Q ~ OY~ r co' of " :, '~' c~~~ d+°i . o ~ ~ ?I~ I .~< ,ali - ly l Q ~ ; I p V ~ ~ i ti » 1 / ~~~~~ 41 Ji_~i. i~ :., r. ; s, _.; s. ~ .,,,. • • c~ ~ro title; yo CITY OF RANCHO CUCAh101VCA c ~ g ENGINEERING DIVISION ~T ~ ~ VICINITY MAP 1 r Page 3 RESOLUTION N0. p3~2i=06CR ~y~~~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNAROINO, STATE OF CALIFORNIA, ORDERING TO BE QUITCLAIMED A PORTION OF EIGHTH STREET AT HRVEN AVENUE MHEREAS, by Resolution No. 83-99 passed on June 15, 1983, the Council of the City of Rancho Cucamonga vacated a portion of 8th Street hereinafter more particularly described; and NNEREAS, a public hearing was held and there were no protests, oral or written, to said vacation. BE IT RESOL VEO by the Council of the Lity of Rancho Cucamonga as follows: SECTION 1: The Council hereby remits and Quitclaims a portion of said vacated ighth Street 6e ing described in Exhibit 'A' attached and part hereof to Cadillac Fairview/California, Inc. SECTION 2: The Clerk shall cause a certified copy of Lois resolution to he recordthe office of the County Recorder of San Bernardino County, • California with the Quitclaim Deed. SECTION 3: The Clerk shall Certify to the passage and adoption Of this reso ution, and it shall thereupon take effect and be in force. SECTION 4: The City Engineer shall be authorized to sign the Quitclaim eed on eh alf of the City approving same. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: ABSENT: on ~ i e s, , ayor ATTEST: Lauren M. Nasserman, ty er jaa ~n rrmv nc n awtrvn rrrr naRnur n ~~ STAFF REPORT ~~'` "`may. y~ :, ~.r ~ ~: ~9» i March 21, 79g4 T0: City Council and City Manager FROM: Aohert A. Aizza Assistant to the City lhnagar SUBJECT: Amendment to Current Salary Aaaolution Te attached Resolution No. 83-782-8 amends Section 3, Holidsys, of our currant salary reap lotion. During tha typing and transcribing when the resolution was first adopted Dy City Council, December 25 - Christmas Dmy was omitted from the original resolution. The attached resolution would include Christmss Day and make this year's salary resolution consistent with those in the pant. RAR:mk ~ y RESOLUTION N0. 83-1828 • A RESOLUTION OF THE CZTY COUNCIL OF THE CITY OF flANCHO CUCAMONCA, CALIFOflNIA, APPROVING AMENDMENTS TO THE SALARY RESOLUTION N0. 83-182 The City Council of the City of Rancho Cucamonga hereby amends Resolution No. 83-182 as follows: SECTION 3: Holidays The following holidays are to be observed by the City (a) January - New Years Day (b) Washington ~s Birthday (c) Memorial Dey (d) July 4 - Independence Day (e) tabor Day - The first Monday in September (f) November 11- Veterans Day (g) Thanksgiving Day (h) The day following Thanksgiving (i) December 25 - Christmas Day (j) Two (2) discretionary holidays may be taken by an • employee who has successfully completed probation at his/her convenience suD~ect to approval oC the department head. Discretionary holidays may not De carried over from one calendar year to the next. Nhenever a holiday falls on a Sunday, the following Monday shall De observed as a holiday. Nhenever a holiday falls on a Saturday, the preceed ing Friday she li be observed as the holiday. PASSED, APPROVED, and ADOPTED this 21st day of P@rch, 1984. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Lauren M. Nassermen, City Clerk :1~ • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: Mauch 21, 1984 T0: City Council and City Manager FROM: Lloyd 6. Hubbs, City Engineer BY: Barbara Kroll, Engineering Technician ~ c~ o,~ 7 ~' ~ 'r _`, ~~ ~ >Ili A F'' ~ Z .-. 1977 SUBJECT: Set public hearing for April 18, 1984 for intent to Annex Tract 11013, 11797 and 12320-1 to Street Lighting Maintenance District Nos. 1 and 2 as Annexation No. 2 The attached resolutions set the public hearing to annex the tracts described in the Engineer's Report to the City's Street Lighting Maintenance District No. 1 and No. 2. District No. 1 covers arterial street lights while District No. 2 covers local street lights. The Engineer's Reports far both districts showing the number of street lights, the number of lots to be annexed into each district and the estimated amount of assessments are attached for preliminary approval. RECOMMENDATION It is recommended that City Council adopt the attached resolutions setting the date of public hearing for April 18, 1984 and giving preliminary approval of the Engineer s Reports. Respectfully submiXted, LBN: BIU.iaa Cx Elite Development Company February 6, 1984 CITY OF RANCHO CUCAMONGA 9320 Baseline Road Rancho Cucamonga, CA (91730) Attn: Engineering Department RE: Intent to Join Landscape and Lighting Districts 7,e // 997 To Wham It May Concern: Please accept this letter as our intent to join the landscape • and lighting districts of the City of P.a ncho Cucamonga, Calif- ornia. For further questions or information, please contact the construction site office at (714) 987-3373. Sincerely, ~`~~(/~/~ e resa Hagez, P~tbject Manager ELZTE DEVELOPMENT COMPANY /t 17581 IMM &vd. - Suite 107 • Tustin Celilomie 92880 • p 14(731.1820 J uE~iCIJ O - - • February 28, 1954 City of Rancho Cucamonga Engineering Department P.O. Sox 807 Rancho Cucamonga, CA 91730 Attention: ,john Martin Re: Tract 12320, Huntington Villas Request for Membership-Landscape 6 Lighting Maintenance Distri~ Gentlemen: As requested, please accept this Letter as a request for membership into and participation in the Landscape and Lighting Maintenance District for Tract 12320, Rancho Cucamonga. Thank you for your time and consideration. Should you require any further information, please do not hesitate to call. Sincerely, TERRA WEST DEVELnOPM^ENT CO. ~++~~~J David Boucher Project Manager xc: Correspondence File • Sues x16 1SOe E. 17th $IINt SMtA Any, CA 91743 171 W. Juene StEeN 77h90.7~e721 SAn LAentlro. CA 91s77 ~1s•e9e•1en J • a LEWIS HOMES nsa Nam rwwron ~. i ao. ao. am ~ uawrw. a area i iu oasac~+ i:~I~3 January 20, 1984 0 ;~~i~ '? 3 l:c'f ~n r U: n~NCMO C'JCAMONG.1 City of Rancho Cucamonga tt:alNEeR:NG GNiS10t1 9320 Base Line Road Rancho Cucamonga, CA 91730 Attention: Barbara Krall Subject: Tract 11013 Street Lights and landscape Maintenance Dear Barbara: We hereby request Tract 11013 be annexed to the appropriate maintenance district so that the street lights and street landscaping wilt be maintained. Cordially, . LEWiS HOMES OF CALIFORNIA ,y ~.~__ „ tc.~ c~cu~~yc[~a~c RON NOTTiNGHPM ~ Engineering Coordinator RN:jgc ~y RESOLUTION N0.133-2?+97CR .;=~"~°a • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 2 TO STREET LIGHTING MAINTfNANL`e DISTRICT N0. 1 WHEREAS, on March 21, 1984, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Lity Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any Dart thereof, requires or should be modified in any respect. NOW, THEREFORE BE iT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and • expenses o~~ork and of the incidental expenses in connection therewith, contained in said report 6e, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and descr~in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in sai A~sment District in proportion to the estimated benefit to be received by said subdivision, respectively, from safd work and of the incidental expenses thereof, as contained ir. said report is hereby preliminarily approved and confirmed, SECTION 4: that said report shall stand as the City Engineer's Report for t~rposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: A85ENT: ~o s Jon Mi a s, Mayor • ATTEST: Lauren M. Wasserman, City C erk jaa • C , J ~4 CITY OF RANCHO CUCRMONGA Engineer's Report for Street Lighting Maintenance District No. 1 Annexation No. 2 Tracts 11013, 11797 and 12320-I SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to "A" into Street Lighting Maintenance determined that the street lights to all lots within said tracts as well street lights. annex the tracts enumerated in Ezh ibit District No. 1. The City Council has be maintained will have an effect upon as on the lots directly abutting the Work to De provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on arterial and certain collector streets. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same a5 a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and a5 approved by the City Engineering Div isidn, Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas, The plans and specifications for street lighting improvement on the individual development is hereby made a part of this report Co the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the suhj ect area. SECTION 4. Estimated Costs No costs will he incurred For street lighting improvement tanstruction. A11 improvements will De constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments wf11 be based on actual cost data. ~~ The estimated total cost for Lighting Maintenance District No. 1 • (including Annexation No. 2 comprised of 326 lots and 15, 9500E street lights and/or 5, 5800E lights) is shown below: 1. S.C.E. Maintenance and Energy: Lamp tze* Quanttty Rate** L 5800E 61 8.75 *H igh ressure Sodium Vapor Lamps Rate Mo's Total 99 % 9.90 % 12 = E11,761.20 61 % 8.75 % 12 = E 6,405.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost 18 166.20 =8.22/year/unit No. o Untts to t5trtct -2,51- • 8.22 divided by 12 .69/ma/unit Assessment shall apply to each lot as explained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 1", Annexation No. 2. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Nhere there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. IC is proposed that all future development shall be annexed to the District, SECTION 1. Order of Events 1. City Council adopts resolution instituting proceedings. • 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. ~~ • 3. City Council adapts Resolution of Intention to annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District ar abandon the proceedings. 5. Every year in May, the City"Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and aDDroves the individual assessments. \J Gy EAHIBIT "A" Properties and improvements to he included within Annexation No. 2 of Street Lighting Maintenance District 1: TRACT N0. - N0. OF UNITS ARTERIAL LIGHTS 11197 240 condo 11 @ 9500E 12320-1 56 condo 4 @ 9500E 2 @ 5800E 11013 30 s.f. 3 @ 5800E • • • rJ0 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.1 ANNEXATION NO. 2 y. ...T ~IC ~/~ .` // j /,/ / mr / / / / / ~~~ / ti. ~ ~ tee! ~" h.! Sl; ~; ; • p~Y~ I c ~ II ~ I' i~ ~ rt .~ ~ ~~ ~ ~l /r '' i ~/ ~. I ~; ,-j ~ ~ r ; ,, ~ ~ ;I ~r~ ' ~ , ~ , - '- _, `Z _ ..r i` ___ __. ` _~ ., a ~ ` _.-,c-r -- - -.... - _ . o`""'Oyu CITY OF RANCHO CUCAMONGA ~ "~I`' _" •. tr .~ "~ COUNTY OF 8AN BERNARDINO TR 1~ y~ ~ ;~ BTATB OF CALIFORNIA '- Im i ~ mn u~ene ~i r euniucee oee93aao neie ~ PaEe ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.1 ANNE%ATION NO. 2 II to ~~~~. ~*o~yl :, i s. /\/F\\ c ~ S - :r---i '~ - '• ~: r .. :; .. ..~~ rw.~-.. .. YIMtr- . r ~ ~ r ~Y r ..'.. _ r . err. ~_~..~-_. ` .~~.~~-~i. -~ .. G~~ \~i/ C I 1 ..... -.. _ 1 i -.. _ _ t i; ~~ ~ = .I _ i ~ I I- ~~°=-- - M.W.D. EsMT. c~c~~~o ~~i Y'n CITY OF RANCHO CUCAMONOA .~~` ~_ COUNTY OF 8AN BERNARDWO z~ ~` ,~ BTATB OF CALg'OBNIA ~ T YI '> 1V ~m 11 Mfl VIOG! /rrTV l~Jlr~rlG! onl~flesr. . ~O~e ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.1 ANNEXATION NO. 2 a= VIO~RW „- - ; in_ _ _ °... Y ' $ a I ~ .. ,! :.i, - ~ _____ l _. ~' L ) ~ UlM4 ~XXXOV ~ . , ~ ~ W ~ r '' F W I ~ 'l ~} ~ I ' • ___ 9.! ____ ~ ... .. ...e _ ~ -I _ _ _- .n n... _•n. a,.• ~~e ~ ~ 2 } e`, ~~~~~~ ~`~`"~w.. CITY OF RANCHO CUCAI[ONOA ~ _ ~,~~,,~ • COUNTI! OF SAN BERNARDINO _ a~" ' v~ BTATS OF CALIFORNIA _ ~ T - e~~~$ 1~ Paie Fm LLOYD MlBBS CITY E I R 23 GATE i7a vq RESOLUTION N0. a3-~}~OSCR gy A RESOLUTION OF THE CITY COUNCIL OF THE LITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE OISTR[CT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SA 1D ANNEXATION AS ANNEXATIOY N0. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1; PURSUANT TD THE LANDSCAPING AND LIGHTING ALT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE 8E IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Descri ti on of Work: That the public interest and convenience require an it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proDOSed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. • SECTION 2. Location of Work: The foregoing described work is to be located within roadway right-o -way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No, 2 to Street Lighting Maintenance District No, 1", SECTION 3. Descri tion of Assessment District: That the contemplate~worK, in the opinion o said ity Counci is o more than local or ordinary public benefit, and the said City Council herehy makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation Na. 2 to Street Lighting Maintenance District No. 1" maDS is on file in the office of the City Clerk of said City. SECTION 4, Report of Engineer: The City Council of said City by Resolution No. *Tas approved t e~i report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 1" is on file in the office of the City Lterk of said City. S Reference to said reDOrt is herehy made for all particulars for the amount and extent of the assessments and far the extent of the work, 7~ SECTION 5. Collection of Assessments: The assessment shall be collected a~same time and in the same manner as County taxes are • collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next f.fscal year will be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on April T9-198 - at the hour 0 pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written eviCence that such signer is the owner of the property so described. SECTION 7, Landscaping and Lfghting Act of 1972: All the work herein proposed shall bebe on~ied through in pursuance of an act of the legislature of the State of California designated the landscaping and . Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to ect ion o o t e overnment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Dail Re ort, a newspaper of general circulation published in the Cfty of ntario, a i ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: ABSENT: on D. Nike s, Mayor ATTEST: Lauren M. Wasserman, icy er j as • qs` ~y_~~ 0.ESOLUTION N0. 113.21?9'JCR A RESDLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER`S REPORT FOR ANNE;(ATION N0. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0."2 WHEREAS, on March 21, 1984, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as requfred Dy the landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as caked for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the Lity of Rancho Cucamonga as follows: _ SECTION 1: That the Engineer's Estimate of the itemized costs and expenses o~sa3 work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing Che Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposetl assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: that said report shah stand as the City Engineer's Report for the Durposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984, AYES: NOES: ABSENT: ~~ Jon D. Mike 5, Mayor • ATTEST: Lauren M. Wasserman, Lity C er j as • u 7~ CITY OF RANCHO CUCRMONGA Engineer`s Report for Street Lighting Maintenance District No. 2 Annexation No. 2 Tract 11013 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division LS of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION "c. General DeS Cr ipt ion This City Council has elected to "A" into Street Lighting Maintenance determined that the street lights to all lots within said tracts as well street tights. annex the tracts enumerated in Exhibit District No. 2. The City Council has be maintained will have an effect upon as on the lots directly abutt in9 the Wurk to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on • local residential streets, Improvement maintenance is considered of general benefit to all areas in the District and cost shall be tliv ided on a per lot basis. In [he case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street Ifgh is are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment df agr am for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made apart of this report to the same extent as if said plans and iDecifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, provfding for the illumination of [he subject area. SECTION 4, Estimated Costs No costs will be incurred for street lighting improvement construction. A11 improvements will be constructed by oeve Topers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as Indicated below. These costs are estimated only, actual assessments will be based an actual cost data. 7~ The estimated total cost for Lighting Maintenance District No. 2 (including Annexation No. 2 comprised of 30 lots and 11 street lights) is shown below: I. S.C.E. Maintenance and Energy: Lamp Size* quantity Rate** L *Nigh Pressure Sodium Vapor •*SCE Schedule LS-1. All night service per map per month, effective January 1, 1983, Lamps Rate Ma's Total 204 % 8.75 % 12 521,420.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost = 21 420.00 =34.50/year/unit No. o Units in District ~- 34.50 divided by 12 2.88/mo./unit Assessment shall apply to each iot as explained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 2", Annexation No. 2. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found Co be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per tot or parcel of assessable land, the assessment for each lot or parcel shall he proportional to the number of dwelling units per lot or parcel. It is proposed that all future deve looment shall be annexed to Che District, SECTION 7. Order of Events 1. City Council adapts resolution instituting proceedings. Z. Ctty Council adopts Resolution of Preliminary Approval of Ctty Engineer's Report. u • • ~9 3, City Council adopts Resolution of intention to annex a District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines Lo form a District or ah andon the proceedings. 5. Every year in May, the City Engineer files a report with the Cfty Council, 6, Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. $0 EXHIBIT "A" Properties and improvements to be included within Annexation No. 2 of Street • Lighting Maintenance District 2: Tract No. '- No. of Dwelling Units Local Lights 11013 30 11 • • R/ ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO.2 ANNEXATION NO. 2 ,. , .1 ~_~ ~~_ _~~ :, ~ ., ~~5 ~ - - L. 1 ;; it :, _ _ __ _.--~ _ _ g .. i. I ~ _ "~--- ..Y.. M.w.O, EsMT. ~°o. =`~=•'°t~ CITY OF RANCHO CUCAMONQA COUNTY OF 8AN BERNARDINO `Z- I~~i BTATE OF CALIIaOANIA ~. ~ ,. N im llOYD M18B5, CITY ENGINEER R.C.E.238B9 DATE title; page RESOLUTION N0. D3-2~1~217CR ~y ~~i • R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNE%ATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNE%ATiON AS ANNE%RTION N0. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING 08JECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of [he City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division IS of the Streets and Highways Code of the State of California, as follows: SECTION 1. Des cri Lion of Work: That the public interest and convenience require antl it is~~in[ention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries Of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. SECTION 2. Location of Work: The foregoing described work is to be • located wit i'~FTn roadway rig t-o -way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 2 to Street Lighting Maintenance District No. 2". SECTION 3. Descri Lean of Assessment District: That the contemplated wor K, in the Opinion 0 sae ity ,,ounce is 0 more than local or ordinary public benefit, and Lhe said City Council hereby makes the expense of the said work chargeable upon a district, an ich said district is assessed to pay the costs and expenses thereof, and which district is described a5 follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 2 to Street lighting Maintenance District No. 2" maps is on file in the office of the City Clerk of said City. SECTION 4, Report of En ineer; The City Council of said City by Resolutionn llo~as approve t e report of the engineer of work which report indicates the amount of Che proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance Oistr ict No. 2" is on file in the office of the City Clerk of Said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work, g3 SECTION 5. Collection of Assessments: The assessment shall be collected at tie same time an in the same manner as County taxes are • collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at .their first regular meeting in June, at which time assessments for the next fiscal year wilt be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on April I~T4A"4,- at tie our o pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered, if the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that Such signer is the owner of the property so described. SECTION 7. Landscaping and Li~M ing Act of 1912: All the work herein propose s all a o3~ ne an~carrie~ oug~i in pursuance of an act of the legislature of the State of California designated the Landscaping and lighting Act of 1912, being Division 15 of the Streets and Highways Code of the Slate of Cal ifarnia, SECTION 8. Pubiicat ion of Resolution of Intention; published notice shall be made pursuant to ection o o t e overnment Code. The Mayor shah sign Chis Resolution and the City Clerk shall attest to the same, and the City Clerk sha 11 cause the same to be published 10 days before the date set for the hearing, at least once in The Oail Re ort, a newspaper of general circulation published in the City of ntan o, a i ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: ABSENT: ATTEST: Lauren M. Hasserman, City Cler jaa on D. Mike s, Mayor &~ CITY OF RANCHO CUCAMONGA STAFF ftEPOftT DATE: March 21, 1984 T0: City Council and City Manager FROM: Lloyd 8. Mubbs, City Engineer BY: Barbara Kroll, Engineering Technician SUBJECT: Set public hearing for April 18, 1984 for intent to annex Tracts 11013, 12320-1 and 11797 as Annexation No. 17 tb Landscape Maintenance District No, 1, The above referenced tracts received final Council approval on March 7, 1984 and are now being annexed into Landscape Maintenance District No. 1. Attached for City Council approval is a resolution declaring the City's intent to annex these tracts and sets the public hearing for April 18, 1984. Also attached for preliminary approval is the Engineer's Report for this annexation. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving the Engineers Report and setting the date of public nearing for April 18, 1984, Respectfully ~sJu~bmitte , ,J ZI LBN:BK as Attachments a~ • LEWIS HOMES ++m nom ntomwn r..mw t v.o. mw aro i uoane, a oleo i to aesovii January 20, 1984= ~`a a~la~ t ;ht~ ' J pia,: City of Rancho Cucamonga 9320 Base Line Road Rancho Cucamonga, CA 91730 Attention: Barbara Kroll Subject: Tract 11013 Street Lights and Landscape Maintenance Oear Barbara: '.w lip RANCRJ CUCAMGNGA n!CINEEfl!NG IXYISIOtt We hereby request Tract 11013 be annexed to the appropriate maintenance district so that the street lights and street landscaping wfll be maintained. Cordially, • LEWIS HO/ME~S. OAF CALIF/ORNIA .lGyw %C GGI~=yGC2~.c RON NOTTINGHAM ~ Engineering Coordinator RN:jgc 8 (. February 28, 1984 City of Rancho Cucamonga Engineering Department P.O. Box 807 Rancho Cucamonga, CA 91730 Attention: John Martin Re: Tract 12320, Huntington Villas Request for Membership-Landscape S Lighting Maintenance Distri~ Gentlemen: As requested, please accept this letter as a request for membership into and participation in the Landscape and Lighting Maintenance District for Tract 12320, Rancho Cucamonga. Thank you for your time and consideration. Should you require any further information, please do not hesitate to call. Sincerely, TERRA WEST DEVELC~OPMENT CO. David Boucher Project Manager xc: Correspondence File • 9uiU 219 1603 E. 17tn Strgt Srant~ Any, CA 92705 71h952.5722 171 W. JuM~ StrM Stm LonCro, CA 9577 115.595.1!77 37 Elite Development Company February 6, 1984 CITY OF RANCHO CUCAMONGA 9320 Hase line Road Rancho Cucamonga, CA (91730) Attn: Engineering Department RE: Intent to Join Landscape and Lighting Districts T~ u~97 To Whom It Nay Concern: Please accept this letter as our intent to join the landscape • and lighting districts of the City of P.ancho Cucamonga, Calif- ornia. For further questions or information, nle ase contact the construction site office at (714) 987-3373. Sincerely, eresa ~et, P~(pject Manager ELITE DEVELOPMENT COMPANY /t 17581 IrvIM ehd. - Suite t07 ~ Tustin Caldomia 92680 ~ pt a) 791.1620 ea ~Y RESOLUTION N0. 03-21=D3CR ~y l J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 17 TO LANDSCRPE MAINTENANCE DISTRICT N0. 1 WHEREAS, on March 2I, 1984, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1912; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: • SECTION 1; That the Engineer's Estimate of the itemized costs and expenses o~~work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily aDProved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and describe~in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily aDProved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in sai3-Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is Nereby preliminarily aDProved and confirmed. SECTION 4; That said report shall stand as the City Engineer's Report for CfTe purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: • ABSENT: 49 Jon D. Mikels, Mayor ATTEST: Lauren M. Wasserman, City erk jaa • • a~ . CITY OF RANCHO CUCAMONGA Engineer's Report for ANNEXATION N0. 17 to the Landscape~Maintenance District No. 1 TRACTS 11013, 12320-1 AND 11797 SECTION 1. Authority for Report This report is in compliance with the requirements of Rrticle 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Oescr iption This City Council has elected to annex all new tracts into Landscape Maintenance District No. 1. The City Council has determined that the areas to 6e maintained will have an effect upon all lots within Tracts 11013, 12320-1 and 11791 as well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the Tract Map as roadway right-of-way or easements to be granted to the City of Rancho Cucamonga. • SECTION 3, Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer antl have been approved as part of the improvement plans for Tracts 11013, 12320-1 and 11191, The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made apart of this reDOrt to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. A11 improvements will 6e constructed by developers. Based on historical data, contract analysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty (5.30) per square foot per year. These costs are estimated only, actual assessment will be has ed on actual cast data. The estimated total cost for Landscape Maintenance District No. 1 (including Annexation No. 11 comprised of 20,500 square feet of landscaped area) is as follows: Qv Total Annual Maintenance Cost 5.30 X 426,229 square feet = 127,868.70 • Per Lot Annual Assessment 127 = 42.79 Per Lot Monthly Assessment 42.19 = 3.57 ~2- Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are designated for inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced by the amount saved by the District due to said homeowner maintenance. SECTION 5. Assessment Diagram q copy of the proposed assessment diagram is attached to this report and labeled "Exhibit A", by this reference the diagram i5 hereby incorporated within the text of this report. SECTION 6. Assessment • Improvement for annexation No. 17 is found to be of general benefit to all lots 'di th in the District and that assessment shall he equal for each parcel. The City Council will hold a public hearing in June, 1984 to determine the actual assessments hosed upon the actual costs incurred by the City during the 1982/83 fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to Annex to Oistric[ antl sets public hearing tla[e. 4. City Council conducts puDl is hearing, considers all testimony and determines to Annez to the Oistr ict or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and • approves, or modifies and approves the individual assessments. 1 ;ASSESSMENT DIAGRAM • LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 1 7 yp .~.. II Y ~~ 4/ / I.~ '~ 1/ / ~~~ /, / / / Fri ,~>% ,, ~; ~ i . //,: ~;' r i 4 rr~ • ~ ~; "n 1 ~: _~. ~'_: . ~ o: ~~~,__., ~ ~- j s ~~°~. °~C rr u1~ im CITY OF RANCHO CUCA,IIONGA Tr 11797 ENGINEERING DIVISION T VICINITY MAP 1`~I~ page ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 1 7 's 3 a €. i b Q% ~JF_.._~-_~____ -.~-___,.. -. ni •I~~~ _ __ C018N VXAAON y;_ ..~ ~h "e ~ ~ 3 - - - _ -_5~..,nm,, .,• e a is _ ~, .: ~ e,e ;,~i= 1 ~ ` ••u ~ ~C\C. 110M t•,~ ~"+~ .C isd ~ ~ ~j 1~Z Vi ~ > TY OF RANCHO ENGINEERING DIVISION VICINITY M11riP 2 ¢_ T' Tr 12320 1 N page ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 1 7 ;i ,; ., s ~-. - d .. - f ~ ~----- - _... - r~ I ~ s~ c ~ - ! ~- Eam~. _.-)-. .. L. :... __ l~ ~I,I ;; M.w.4. EsMT, ,.~*~~~~ht.,. CITY OF RAtiCHO CUCA,UONGA F~___ ~ ~~ A Te 11013 a~~ ENGINEERING DIVISION ,~T` ~I ;m 3 VICINITY ~1~P 1 \ P B ~ a e • RESOLUTION NO.J13-23~94CR fr N _ 7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRLIfORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 17 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSURNT TO THE LANDSCAPING qND LIGHTING ACT OF 1972 ANO OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE DE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Descr i~tion of Work: That the public interest and convenience require an~i'E-ts-tomintention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and facilittes thereon dedicated for common greenbelt purposes by deed or recordetl subdivision tract map within the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental . lighting, structures, and walls in connection with said parkways, SECTION 2. location of Work: The foregoing described work is to be located within roadway right-o -way and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No, 17 to Landscape Maintenance District No. 1". SECTION 3. Description of Assessment District: That the contemplate~wo~in the optmon o sat ity ounc t~T is of-more than local or ordinary public 6enef it, an4 the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: qll that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 11 to Landscape Maintenance district No. 1" heretofore approved by the City Council of said City 6y Resolution No. *, indicating by said boundary lines the extent of the territory included within [he proposed assessment district antl which map is on file in the office of the City Clerk of said City, SECTION 4, Re or~t of Ern ~ineer: The City Council of said City by Resolution No. • has approve of the engineer of work which report ~L indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's teport, Annexation No. 11, Landscape • Maintenance District No. 1" is on file .n the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the ass essment5 and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be collected at the same time an in t e same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on April I8~T984; at tie lour o pm in a City Council Chambers at 9161 Base Line, in the City of Rancho Gucamanga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a descriptf on of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer i5 the owner of the property so described. • SECTION 7. Landsca in an~d~ Li~~htin Act of 1972: All the work herein proposed shall be done a~ carrie3 t rou g~ h in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8, Publication of Resolution of Intention: Published notice shall be made pursuant to ect ion o the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Daily Reoort, a newspaper of general circulation published in the City of~ntan o, a i ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: ABSENT: on Mt a 5, ~ ayor • ATTEST: auren asserman, y er jaa '~ 7 OA-TNANCE N0. %-~`~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING TITLE 7 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO PROVIDE FOA THE ESTABLISHMENT AND GRANTING OF FRANCHISES OR PA IYILEGES FOR THE CON- STRUCTION, MAINTENANCE ANb OPERATION OF CABLE COMMUNI- CATION, OR CABLE TELEVISION SYSTEMS AND FURTHER PROVIDING FOR THE CONTINUING flEGULATION AND ADMINISTRATION OF THESE FRANCHISES AND THE ACTIVITIES RELATIVE TO THEM SECTION 1: The Rancho Cucamonga Mun is ipal Code is hereby amended by adding Title 7 thereto to read as follows: Title 7 Cable Television Svstems and Franchises ChdDter9: 7.01 7.02 7.04 7,05 1.06 7.07 7 AB 1.09 7.i0 7.11 7a2 Chanter 7.01 GENERAL PROVISIONS Sections: 1.01,010 Intent 7.01.020 Short Title 7.01.030 De fin It ions 1.01,040 Notice of Pub llc Hearings 7.01,610 In Cent: The City of Rancho Cucamonga finds ChaC the development of cable television and communications syseema has the potential of having great benefit and impact upon the residents of Poncho Cucamonga. Because oC the complex and rapidly changing technology associated with cable a 2 -2- television, the City further finds that Che public convenience, safety and • general welfare can best be served Dy establishing regulatory powers which should be vested in the City or such persons as the City shall designate. It is the intent of Chis ordinance and subsequent amendments to provide for and specify the means to attain £he best possible public interest and public purpose in these matters and any Pranch ise issued pursuant to this ord inanee shall be deemed to inc lutle this finding as an integral part thereof. 7.01.020 Short Title: This ordinance shall be known and may be cited as the "City of Rancho Cucamonga Cable Television Franchise Ordinanne ." 7.01.030 Definitions: For the purpose of this ordinance the Co llouing terms, phrases, cords and their derivations shall have the meaning given herein. When not Inconsistent with the context, words used Sn the present tense include the tl:ture, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning. A. "Additional SuDSCriDer Service" means any service not ine laded in "Basic $wD9Cr iber Television Service," or "Basic Subscriber Bad io Service" or "Institutional Service," including, but not limited to, pay-cable. B. "Agency SuDSCr iber" means a subscriber who receives a service Sn a government or pub lie agency, school, or non-profit corporation. • C. "Basic Subscriber Bad SO Service" means the provision to all suDSCriDers of such audio programs as the retransmission of broadcast FM radio signals, the retransmission of shortwave, weather, news, time and other similar audio information and the transmission of cableeast audio signals, all provided to subscribers at a monthly rate. D. "Basic Subscriber Television Service" means the total of all of the following: 1. The transmission to all subscribers of all Oroadcast television channel signals authorized or permitted by the FCC and provided Cor in a franchise agreement. 2. The provision to all subscribers oC non-broadcast open channel signals, originating from sources outside the Cable Communications System. 3. The caDlecasting to all subscribers of Local Origination programming and PuD lie, Educational and Government Access programming. U. The transmission to all subscribers of all other cableeast Sng open-channel signals. Basic Subscriber Television Service may 6e offered to subscribers in on one or more tiers or combination of programs. E. "Broadcast Signal" means a television or radio signal that is transmitted over the air to a wide geographic audience and is received Dy a Cable Communications System off-the air or by microwave. • 99 -3- • F. "Cable Communications Svstem" or "SVStem," also referred to as "CaD le Television System," ^CATV System," or "Broadband Communications Network," means a system of antennas, cables, amplifiers, toners, microwave Links, cab lecasting stud ios,. and other conductors, converters, equipment or facilities, designed and constructed for the primary purpose of distributing video programming to home subscribers, and the secondary purpose of producing, receiving, amplifying, storing, processing, or distributing autlio, video, digital, er other forms of electronic or electrical signals. G. "Cab lecast $ignd l" means a nonbroadcast signal that originates within the facilities of the Cable Communications System. H. "Cab le-mile" means a linear mile of strand-bearing caD le as measured on the street ar easement from pole to pole or pedestal to pedestal. I. "Channel" means a six (b) Megahertz (MHz) frequency band, which is capable of carrying either one (1) standard television or video signal, a number of audio, digital or other non-video signals, or some combination of such signals. d. "Class ZV Channel" means a signaling path provided by a CaD le Communications System to transmit signals of any type £rom a subscr SDer terminal to another point in the cable television system. • K. "Closed-Circuit" or "Institutional Service" means such vldeo, audio, data and other services provided to institutional users on an individual requirement, private channel basis. These may include, but not be limited to, two-nay video, audio or dlg ital signals among institutions, or from institutions to residential sun scr fibers. L. "Commence Construction" means that time and date when construction of the Cable Communications System is considered to have commenced, which shall be when the first connection is physically made to a utility pole, or underground ing of cables is iris is Ced, after preliminary engineering (strand mapping) and after all necessary permits and authorizations have been obca fined. M. "Commence Ooeracion" means that time and date when operation of the Cable Communications System 1s considered to have commenced which shall be when sufficient distribution facilities have been installed so as to permit the offering of N11 service to at least ten percent ( 16;) of the dwelling units located within the service area. N. "Commercial Subscr SD er" means a subscriber uho receives a service in a place of business, where the service may be utilized in connection with a business, trade, or pro Ce ssion. 0. "Converter" means an elec Cron is device which converts signal carriers from one form to another. ~~O -u- P. "Council" means the governing body of the City of Pancho Cucamonga. p. ~"Educat tonal Channe l,^ or ^Fducat tonal Access Channel" means any ' channel where educational institutions are the primary designated programmers. p. "FCC" means the Federal Communications Commission and any legally appointed or elected successor. S. "Franchise" means the nonexclusive rights granted pursuant to this ordinance to construct and operate a Ca61e Communications System along the public way wish in all or a specified area in the City. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege oC transacting and carrying on a Ousiness within the City as required by other ordinances and laws oC this City. 1'. "Franchise Agreement" means a franchise award ordinance, or a contractual agreement, containing the specific provisions oC the franchise granted, in clutl ing referenced specifications, franchise applications, franchise requirements, ordinances and other related materials. U. "Franchise Fee" means the Cee paid by the Grantee to the Grantor in consideration of the use of the public streets and rights-of-way. • V. "Government Channel" or "Government Access Channel" means any c'nannel where vocal government agencies are the primary designated ?rogrammers. a. "Grantee" means any "person" receiving a franchise pursuant to this ord lnance and under the granting franchise ordinance, and its law tLl successcr, transferee or assignee. %. "Grantor" or "City" means Lhe City of flancno (,L camonga as represented by Lhe City Council or any delegate acting within the scope of its jurisd ie Lion. Y. "Gross Annual revenues" means the annual gross revenues received by the Grantee from all sources of operations of the Cable Communications System, except that any sa Les, excise or other razes collected for direct pass-through to loos 1, state or federal government shall not be '_nc iud ed. 2. "ID it ial Service Area" means the area of the City which will receive service initially, as sec forth In the franchise agreement. AA, "Installation" means the connection of Lhe system from feeder cable to subscribers' terminals, and the provision of service, BB. "Leased Channel" or "Leased Access Channel" means any channel or portion of a channel available for lease and programming Dy persons or • r ~~ -5- entities other than the Grantee. CC. "Local Or iginat ion Channel" means any channel where the Grantee is the primary designated programmer, and provides video programs to subscribers. ' DD. "Monitoring" means observing a conwunicat ion signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever. Monitoring sF.a 11 not include systemwide, non- individually addressed sweeps of the system for purposes of verifying system integrity, controlling return paths transmissions, or billing for pay noble. EE. "Local Nonb rcadcast Signal" means a signal that is transmittetl by a CaD 1e Communicac ions System antl that is not involved in an over-the air broadcast transmission path. FF. "Open Channel" means any channel that can be received by all subscribers, without the necessity For special equipment. CG. "Pav-Cable" or "Pav-'fe levis ion" means the delivery to su65cr ihers, over the Cable Communica dons System, OC television signals for a fee or charge to subscribers over and above the charge for Basic Subscriber • Service, or a per program, per channel, or other subscription basis. {iii. "Penetration" means the result expressed in the percentage obtained by dividing the total number of potential subscribers in the franchise area into the number of subscribers receiving service. II. "Person" means an individual, partnership, association, organization, corporation or any lawtUl successor, cransfe ree or assignee of said individual, partnership, asaoc iation, organization or corporation. JJ. "Private Channel" or "Closed-Circuic Channel" means any channel which is available only to subscribers who are provided with special converter or terminal equipment to receive signals on that channel. KK. "Programmer" means a person or entity who or which produges or otherwise prov ldes program material or information for transmission by video, audio, digital, or other slgna ls, either live or from recorded tapes or other storage media, to subscribers, by means of the able Communications Sys[em. LL. "Public Access Channe i° cr "Community Access Channel" means any channel where any member of the general public or any none omme rc ial organization may be a programmer, wi chont charge, on 3 first-come, first- served, nondiscriminatory basis, to accortl once with the terms oC the franchise agreement. MM. "Peasonab le Notice" shall be ur itten notice addressed to Che Grantee at Sts principal office or such ocher office as the Grantee has ~~i -b- designated to *.he Grantor as the ad,iress to uh ich notice should be transmitted • to it, which notice shall be certified and postmarked not less than four (4) days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing saitl four (~) tlays, Saturdays, Sundays and- holidays recognized by the Grantor shall be excluded . NN. "Reasonable Order" shall be written orders not excessive or extreme as to costs or time to comply, governed by sound thinking. 00. "Resident" means any person residing in Che Clty as otherwise defined Dy applicable law. PP. "Residential Suscriber" means a subscriber who receives a se.^v ice in an individual dwelling unit, where [he service is not Co be utilized in connection with a business, tratle, or profession. p0. "Sale" shall include any sale, exchange, barter or offer for sale. RR. "SChoo 1^ means any nonprofit educational Institution including primary and secontla ry schools, colleges and universities, both puD lit and private. SS. "Section" means any section, subsection, or prov isian of Lh is . franchise ordinance. TT. ^Serv ice Mea^ means the entire geographic area within the City. UU. "State" means the State of California. VV. "St reet^ shall include each of the following which have been deC is aced to the puDlie or hereafter dedicated to Lhe public and maintained ^;der public authority or by others and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sideua lks, easements, r i3hts-of-way and similar puDlie property and areas that Che Grantor shall permit to 6e inc ludetl within the definition of street from time to time. NN. "Subscriber" means any persons, firm, corporation, or other entity who or which elects to suDSCr the to, for any ou rpose, a service provided by the Crantee by means of or in connection with the Cable Communications System. XX. "Substantially Completed" means that sufficient distribution fat ilia ies have been installed by the Grantee so as co perait the offering of full ne tuork service to at least ninety percent (90f) of the potential sub scr ioe rs in the service area. YY. "Taop inR" means observing a two-way communications signal exchange, where the observer is neither of the communicating parties, whether • l~3 _7_ • the exchange Ss observed by visual or electronic means, for any purpose whatsoever. ?.01.040 Notice of Public Hearings. Whenever a public hearing is required by a provision of Ch is Title, notice of the time and place of said hearing, including a general explanation of the matter to be considered, shall be given at iea st ten (10) calendar days before the hearing by publication at least once s a newspaoer of general circulation, published in the City or in an adjacent city, and circulated in the City, or if there is none, Dy posting in at least three public places in Lhe City, Chapter x.02 GAANT OF FAANCHISE • Sec t'ons• 7.02.010 Grant 7.02.020 Franchise Aequ iretl 7.02.030 Estdb lishment of eranchise Aeq uirements 7.02.040 Franchise Territory 7.02.050 Use of Public Streets and Ways 7.02.060 ou ration 7.02.070 Franchise Nonexclusive 7.02.080 Franchise Applications 7.02090 Grant Procedure 7.02.100 Transfer oC Ownership or Control 7 .G2.110 Franchise Renewal 7.02.120 Police Powers 7.02.130 Franchise Fee 7 A2,140 Forfeiture or Revocation 7.02.150 Procedures in the Event of Termination or Expiration 7.02.160 Aece iversh ip and Foreclosure 7.02.170 Franchise Processing Costs 7.02.010 Grant. In the event that Grantor shall grant to a Grantee a nonexclusive, revocable franchise to construct, operate, maintain, and reconstruct, a Cable Communications System within the franchise area, said franchise shall constitute bo Lh a right and an oDl iga tion to provide the services oC a Cable Communications System as required by the prov lsions of this ordinance and the tTanenise agreeme nt. :he franchise agreement shall include chose provisions of the Grantee's "Application for Franchise" that are finally negotiated and accepted by the Grantor antl Grantee. Any franchise grantetl under the terms and conditions contained herein shall he consistent with Cede ral laws antl regulations and sta to general laws and regulations. In the event of conflict between the texas and conditions of the franchise and the terms and conditions on uh ich the Grantor can grant a franchise, the general law and/or statutory requirements, ana 11, without ~J~ 'g- • exception, control. Any franchise granted is hereby made subject to the general ordinance provisions now in effect or hereafter made effective. Nothing in the franchise shall De deemed to waive the requirements of the other codes and ordinances of the Grantor regarding permits, fees Co De paid or rtanner of construe cion. 7.02.020 Franchise fleguired. No Cable Communications System shall be allowed to occupy or use the streets inthe franchise territory or be allowed to operate without a franchise in accordance with the provisions of this ordinance. 7.02.030 Fstablish ment of Franchise peeu irements. The Grantor may establish appropriate requirements for new franchises or franchise renewals, antl may aodiry these requirements from time tq time to reflect changing conditions and state of art in the cable television industry. Such require- ments shall not be retroactive Lo franchise then in effect. 7.02.040 Franchise Terr itorv. The Grantor may grant a franchise Cor all or any tlefined portion of the City. The service area shall be the entire territory defined in the franchise agreement. The initial service area shall De thae portion of the franchise territory scheduled to receive initial service, as stated in the franchise agreement. • 7.02.050 Use of Public Streets antl Wavs. For the purpose of op era t!ng and ma in to in_ng a Cable Commun ica:ions System in the frarch ise area, and sub jest to the provisions of Section 7.05.100 herein, the Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, untle r, upon, across, and along the public streets antl ways within the franchise territory such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, aoplicances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the Ca61e ~o cmur.ic ations System. Prior to construction or alteration, however, the Jrantee shall in each case file plans with the app ropr:a to Grantor agencies and local utility companies, and receive written approval before proceeding. Grantor shall In any event comply with all app lioab le City construct iqn codes and procedures. 7.02.060 Duration, The term of any franchise and all rights, privileges, oD liga [ions and restrictions pertaining thereto sha 11 De fifteen (15) years from the effective date oC the franchise unless terminated sooner as hereinafter provided. The effective date of the franchise shall be the date of execution of the franchise agreement by :he Grantor, subject to prior execution Dy the Grantee. 7.02.070 Franchise Nonexclusive. Any franchise granted shall De nonexclusive, The Grantor specifically reserves the right to grant, at any time, such add St ional franch Ses for a Cable Communications System as it deems appropriate. • :j -9- • 7.02.080 Franchise Applications. Applicants for a franchise shall submit to the Grantor written applications utilia ing the standardized format provided by the Grantor, at the time and place designated by the Grantor for accepting applications, and including the designated application fee. ?.C2.090 Grant Procedure. All franchise applications when filed shall be available for public inspection at places designatetl Dy the Grantor. Yo later than ninety (90) days after filing, a public hearing shall be held on the application. A decision shall be matle by the Grantor not later than ninety (90) Gays after such hearing based upon an evaluation of the application(s), the hearing, and other information that the Grantor may deem relevant. Grantor may grant on or more franchises, or may decline to grant any tTanch ise, as it determines to be in the best public interest. ?.02.100 Transfer of CVnersh ip or Control. A. Transfer of Franchise. qny franchise granted hereunder shall De a privilege to be held for the benefit of the public. Said franchise cannot in any event 6e sold, transferred, leased, assigned or disposed of, inc lutl Sng Out not limited to, by £ore ed or voluntary sale, merger, consolidation, receivership, or other means without the prior consent of the Crantor, and then only under such contl it ions as the Grantor may establish. Such consent as required by the Grantor shall, however, not be unreasonably withheld. • 9. Gwnersh io or Control. The Grantee shall promptly notify the Grantor of any proposed change in, or transfer of, or acquisition by any other party of, control of the Grantee. The word "control" as used herein is not i:mitetl co major stockholders nut includes actual working control in whatever manner exercised. q reDU ttab le presumption that a transfer of control has cccu rred shall arise upon the acquisition or transfer by any person or group f persons of ten percent (10x) or more of the beneficial ownership interest of the Grantee. very change, transfer, or acquisition oC control of the Grantee shall make the franchise sub,Ject to cancellation unless and until the Grantor shall have consented thereto, wh idh consent will not be unreasonably .. _thhe id. For the purpose of determining whether it shall consent to such charge, transfer, or acquisition of control, the Grantor may inquire into the qua aficat`o ns of the prospective controlling party, and the Grantee shall assist the Grantor in any such in Jury. In seeking the Grantor's consent to any change in ownership or control, the Grantee shall have the responsibility: 1. To show to the satisfaction oC the Grantor whe Cher Che proposetl purchaser, transferee, or assignee (the "proposed cransfe ree"), which in the case of a corporation, shall include all officers, diree to rs, employees and all persons having a legal or equ itaD le interest in five parcent (SS) or more of its voting stock, or any of the proposed transferee's principals: a. Has ever been ron~ic ted or held liable for acts involving mo rai Cu rp itutle including, Dut not limit etl to any violation of federal, state or local law or regulations, or is presently untl er an intl is tmene, investigation or complaint charging such acts; b. Has ever had a Judgment in an action for fraud, deceit ~J /' _~G_ or misrepresentation entered against it, her, him, or them by any court of competent jurisdiction; or e. 4as pending any legal claim, lawsuit or administrative proceeding arising out of or involving a came system. 2. To establish, to the satisfaction of the Grantor, the financial solvency of the proposed transferee by submitting all current financial data for the proposed transferee which the Grantee was required to submit in its franchise application, and such other data as the Grantor may request. Flnanc ial statements shall be audited, certified and qualified Dy an indepen0^rt Certified Public Accountant. d. To estab lash to the satisfaction of ehe Grantor that the financial antl technical oapability of the proposed transferee is such as shall enable it Co maintain and operate the cable system for the remaining Cerm oC the franchise under the existing franchise terms. `J G. The Crantor agrees that any financial institution having a pledge Of the french ise or its assets for the advancement of money for the construction and/or operation of the franchise shall have the right to notary the Grantor that it or its designee satisfactory to the Grantor will take control antl operate the Cable Communications System, in the event of a Grantee de Cau It in its financial obligations. tLrther, said financial institution shall also submit a plan for such operation that will insure continued serv Sce and compliance with all franchise requirements during the term the Cinanc ial • institution exercises control over the system. The PSnaneial Institution shall not exercise oontrol over the system for a period exceeding one (i) year d mess e%t eneed cy the Grantor in its discretion and during said period of :ime it shall have the right Lo petition Che Grantor to transfer the franchise to another Grantee. If the Grantor finds that such transfer after considering :ne legal, financial, character, technical and other public interest qualities ~.' the applicant are satisfactory, the Grantor will transfer antl assign the rights and oblige bons of such franchise as in the public interest. The .o.^.sent ~t' the Grantor to such transfer shall not be unreasonatly withheld. D. The consent or approval of the Grantor eo any transfer of the Gra ncee snail not conse itute a waiver or release of the rights of Che Grantor in and to the streets, and any transfer shall by its terms, be express ly subordinate to the terms and conditions of any franchise. E. In the absence of extraordinary circumstances, the Grantor will not approve any transfer or assignment of the franchise prior to subs [a neial completion of construction of the proposed system. F. In no even[ shall a transfer of ownership or control be approved without Che successor In interest becoming a signatory to the franchise agreement, 7.02.110 Franchise Renewal. Nothing in any fr' ch ise agreement shall require renewal by the Crantor after Che term of tr.a franchise has expired, nor shall renewal be presumed as a matter of vested interest. • ~:7 _„ _ A. Term. The renewal term of any franenise shall not be greater than the initial term. B. Aenexal Procedure. i. Not later than eighteen (18) nor earlier than twenty-four (24) months prior ea the ezpirat ion of any franchise, a Grantee may submit an application for renewal of such franchise, on forms approved by the Grantor, with a nonrefundable application fee estate lished by the Grantor in an amount not to exceed the reasonable cost of processing the application. The application shall set fort:: Sn detail the fcanchisee's :ego t, character, financial and other pertinent qualifications sufficient to maKe a determin- ation to renew or not to renex such franchise. 2. 'the application when filetl shall be available for pup lit inspection at places designated by the Grantor. No later than ninety (90} days after filing, a public hearing shall be held on the ap plieation. A decision shall De made by the Grantor not later than ninety (q0) days after such hearing based upon the application, Lhe hearing, the Grantee's record of compliance with Che franchise requirements, its record of comp Nance xith the franchise requirements, its record oC satisfactory service, and the terms and conditions proposed for the french ise renewal period. 3. cased on the above criteria, Grantor ~y decide to renew the Cranch ise under appropriate terms and conditions, or not to renew the franchise. 4, Zf Grantor's deeis ion is not to renew the Franchise, Grantor may in it la to public solicitations for applications Cor a new franchise. The original Crancee she 11 not De precluded from submitting such an application, 5. In any renewal or public solicitation, the Grantor may require additional services, system upgrade or any other Condit loos it deems Ceasfb le and appropriate in the light of the state of art of the ca61e common Scat ions industry at that time. 7 .02.120 Police Powers, In accepting a franchise, the Grantee acMnouledges Coat its rights hereunder are sub sect to the police power of the Grantor Lo adopt and enforce general ordinances necessary to the safety and welfare of the pup lit; and it agrees to comply with all app lica6le general laws an6 ordinances enacted by the Grantor pursuant to such power. Any conflict between Che provisions of to is Lit Le and any ocher present or Ntu re lawful exercise of the Grantor's police powers shall he resolved Sn favor of the latter, except that any ouch ezerc ise that is not of general application in the lurisd is flan or applies ezc lu slue ly to any Cab 1e Communications System franchise which contains provisions inconsistent with the franenise shall prevail only if aeon such exercise the Crancor finds any emergency exists constituting a danger to hea ich, safety, property or general ue lfare or such ezerc ise is mandated by law, 9.02.130 Franchise Fee, A, annual Franchise Payment, A Grantee of a Cranch ise hereunder shall pay eo the Grantor an annual Cee in an amount as designated in the franchise agreement, but in no event Less than five percent (5~} oC the annual grass revenues. Such payment shall be in addition to any other and commence (7~' _12_ as of the effective date of the franchise. The Grantor, if it so requests, • shall be :Lrnishe0 a statement, auditetl and certified by a Certified Public Accountant, reflecting the total amounts of annual gross revenues and all payments, tleduc Lions and computations for the period covered by the payment. Grantor shall have the right to conduct an independent audit of Crantee~s recortls, and if such audit "indicates a franchise fee underpayment of two percent (2¢) or more, the Grantee shall assume all reasonable coats of such an audit. B. Acceptance by Grantor. No acceptance of any payment by the Grantor shall be construed as a release or as an accord and satisfaction of any claim the Grantor may have for 2Lrther or additional sums payable as a franchise fee under this ordinance or for the performance of any other obligation or the Grantee. C. Failure to bffike fleouired Pavment. In the event that any franchise payment or recomputed amount is not made on or before the dates specified herein, Grantee shall pay as atltlit SOnal compensation: 1. M interest charge, computed from such due date, at an annual rate equal to the maximum interest rate which could ]awtL lly be charged by a private lender in effect upon the due date. 2. A sum oC money equal to five percent (5¢) of the amount due in order to defray those additional expenses and costs incurred by the Crantor by reason of delinquent payment. D. Payment due the Grantor under this provision shall be computed • q uarcer ly, for the preceding quarter, as of Dflrch 31, June 30, September 30, and December 37. Each quarterly payment shall be due antl payaD le no later than thirty (30) days after the dates listed In Lhe previous sentence. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by Lhe Grantor. E. Following the issuance and acceptance of the Ranch ise, the Grantee shall initiate franchise fee payments to tte Grantor at the minimum rate specified in the franchise agreement. These initial payments shall De cretl ited against payments due in later years of the franchise in as much as they exceed the actual franchise payments due during any year. 7.02.140 Forfeiture or flevocation. A. Grounds for flevocat ion. The Grantor reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated ui th the franchise in ehe following circumstances, each of which shall represent a default under this title and a material branch oC the franchise: 1. If the Crantee should iefault in [he performance oC any of its material obligations under this ordinance or under such documents, agreements and other terms and provisions en [erect into by and between the Grantor and the Grantee, sub,Ject to the provisions of Section 7.10.030. 2. If the Crantee should fail to provide or maintain in tL 11 force and effect, Che liability and indeminificaeion coverages or the security • I ~~ -~3- • find or bonds as required herein. 3. If any court of competent jurisdiction, or any federal or state regulatory Cody by rules, decisions or other action determines that any material provision of the franchise documents, including this ordinance, is invalid or unenforceable prior to the commencement of system construction. U. If the Grantee should willfully violate any orders or rulings of any regulatory body having jurisdiction aver the Grantee relative to the franeh ise. 5. If the Grantee ceases to provide services for any reason within the control of the Grantee over the Cable Communications System. 6. If the Grancee attests to evade any of the provisions of this ortl finance or the franchise agreement or practices any fraud or deceit upon the Grantor. 7. If the Grantee's construction schedule is delayed for more than eighteen (18) months later than the schedule contained in Lhe franchise agreement and Grantor finds that the tle lay was not excusable under the pro•r is ions of Section 1.10.030. 8. If the Grantee becomes insolvent, unable or unwilling to pay its debts, or upon the entry of an order for relief in favor of Grantee in a bankruptcy proceeding. B. Procedure Prior to Revocation. 1. The Grantor may make written tlemand that the Grantee do so comply with any such requirement, limitation, term, condition, rule or • regulation or correct any action deemed cause Cor revocation. If the failure, refusal or neglect oC Che Grantee continues for a period oC thirty (30) days following such written demand, the Grantor may place its request for termination of the franchise upon a regular Council meeting agenda. The Grantor shall cause notice to be served upon such Grantee, at least Len (10) days prior to ehe date of such meeting, a written notice of this intent to request such termination, and the time and place of the meeting, notice oC which shall be published at lease once, ten (10J days before such meeting in a newspaper of general circulation within the franchise area. 2. The Grantor sha it hear any persons interested there Sn, and shall determine, based upon substantial evidence, whether the Grantee has committed a material breach of this ordinance or the franchise agreement, and, if so, whether such breach was wi11tW 1. 3. If the Grantor determines Chat the Grantee has committed a material breach, which was noe willful, the Grantor shall direct the Grancee to take appropriate remedial action within such time and manner and upon such terms and conditions as are reasonable under the circumstances, or, if grantor finds that such breach is not cu raD le, then Grantor coy, he resolution, declare that the franchise of such Grantee sha it be eery ina tad. 4. If the Grantor determines that the Grantee has committed a cater ial breach, which was wil1f1i 1, then the Grantor may, be resolution, declare that the Cranch ise oC such Grantee shall be terminated and security Nnd and bonds forfeited, or the Crantor may, at its option and if the eater Sal breach is capable oC being cured by Lhe Grantee, direct the Grantee to take appropriate remedial action within such time and manner and upon such terms and cantl it ions as the Grantor shall determine are reasonable under Che ~~~ _iµ_ circumstances. • A. Disposition of Facilities. In the event a franchise expires, is revoked, or otherwise terminated, the Grantor may order the removal oC the system facilities from the ti`anchise area within a reasonable period of time as determined by the Grantor or require the original Grantee to maintain and operate its network uneil a subsequent Grantee is se lac Cetl and a subsequent or modified cable system becomes operational. B. Restoration oP ProDerty. In removing its plant, structures an0 equipment, the Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good contlition as that prevailing prior Co the Grantee's removal of its equ iDment and appliances without affecting the electrical or telephone eaD le wires, or attachments. The liability, indemnity and insurance, and the security tLnd and bonds provided shall continue in N 11 force and effect during Che period of removal and until tU 11 compliance by Ehe Grantee with the terms and contlit ions of this Section. C. Restoration by Cran tor, Reimbursement of Costs. 1n the event of a failure by the Grantee to complete any work required by Subsection (A) and/or Subsection (B), or any other uorK requ iretl by Grantor by law or ordinance within the time as may be established and to the satisfaction of the Grantor, the Grantor may cause suoh work to be done and the Grantee shall reimburse ehe Grantor the cost thereof within thirty (30) days after receipt of an itemi2 ed list of such costa or the Grantor may recover such cos!s through the security flmd or bonds provided by Cran tee. The Grantor sha 11 be permitted to seek legal and equitable relief to enforce the provisions of this Section. D. Extended Operation. Upon either Che expiration or revocation of a .franchise, the Grantor may require the Grantee to continue to operate cne able Co melon lea Lions System far a defined period of time not to exceed twenty- hur (2µ) months from Che date of such expiration or revoca cion. The Cra r,t ee sna li, as trustee for its successor in interest, continue Co operate cne Cable Communications System under the terms and conditions of this ordinance and the franchise agreement and to provide cne regular subscriber service and any and all of the services that may be provided at that time. The Grantor shall be permitted to seek legal and equitable relief to enforce the provisions of ch is Section . E. GranLOC'9 fllaht Wt Affected. The termination and forfeiture of any franchise shall in no way affect any of t.^.e rzgh is of :he Grantor under the franchise or any prevision of law. 7.02.160 Rece iversh io and Foreclosure. A. Any franchise herein granted shall, at the option of the Grantor, cease and terminate one hundred twenty (120) days after the C , J ~/ -t5- appointment of a receiver or receivers or trustee or trustees to take over and • conduct the business of the Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one huntlred twenty (720) days, or unless: 1. Such receivers or trustees shall have, within one hundred twenty (720) days after their election or appointment, CL Sly complied with all the terms and provisions of this ordinance and the franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all defaults under the franchise; and, 2. Such receivers or trustees shall, within said one hundred twenty (120) Uay s, execute an agreement duly approved by Lhe Court having jurisdiction on the premises, whereby such receivers or trustees assume and agree to be 6ountl by each and every Le rm, provision and limitation of the franchise agreement. B. Tn the case of a foreclosure or other involuntary sale of the plant, property and equipment of the Grantee, or any part thereof, the Crantor may serve notice of termination upon the Grantee antl to the purchaser at such sale, in uh ich event the franchise and all rights and privileges of the Grantee hereunder shall cease and terminate thirty (3G) days after service of such notice, unless: 1. 'the Grantor shall have ap provetl the transfer of the franchise, as and in the manner in Chis ordinance provided; and, 2. Such successtUl purchaser shall have covenanted and agreed with the Grantor to assume and be bound by all the terms and cond it Sons of the • franchise agreement. x,02 .1'0 Franchise Processing Costs. For either a new franchise a~.rard or a franchise renewal, costs to be borne by Grantee shall ine Sue ed, tut shall rot be limited Co, all Costs of publications of notices prior to any pub llc meeting provided Cor pursuant to a franchise, development and oubi is at ion of relevant ordinances and franchise agreement, fees, and any cost not oovered by the appiicat ions fees, incurred by the Grantor in its study, preparation of proposal solicitation documents, evaluation oC all app llcatiors, including, but not limited Co eonsu itant and attorney fees and Grantor staff time. These franchise processing costs a.^e over ant aoove the construct ion inspect icn and permit fees specified in See :icn ?.05.170 d 1, Chapter '.03 REGULATION 7F FRAYC'r..SE Sections• 7.03.010 flegu la Cory Authority 7.03.020 Regulatory Respons tbility 7.03.030 Public Usage oC the System ~ % ~•- -tb- 7.03.040 Reservation by Grantor • 7.03.050 Initial Rates 7.03.060 Aa to Q~ange Procedure 7.03.070 Annual Rev Sex of Performance 7.03.080 System. and Services Rev Seu 7.03.080 Access Channel Management 7.03.070 Regulatory Authority. The Grantor shall exercise appropriate regulatory authority under the provisions of this ordinance and applicable lax. Lf the franchise area served by the Cable Communications System also serves other contiguous or neighboring communities, Grantor may, at its sole option, participate in a joint regulatory agency, xith delegated respons i6 ility in the area of cable and related communications. 7.03.020 fiegu la Gory Respons ib it ity. The Grantor, acting alone or acting jointly with ocher Grantors, may exercise or delegate the fo lloxing regulatory responsibility: A. Administering and enforcing the provisions of the Cable GOmmUn ications Systea franchise(s). R. Coordination oC the operation of government and educational channels. Providing technical, programming and operational support to . public agency users, such as government departments, schools and health care Ln 9tltotiOn9. ~. Establishing procedures and standards for use of channels ded is ated eo public use and sharing of public facilities, if provided for in a.^.y .`.^anch'_se agreement. E. Planning expansion and growth of pub lie benefit cable services. P. Ana iyz ing the possibility of :ntegrat irg cable communications wit.". Yner :oca 1, state or ra Clonal to lec o-.-un icaciors netxorks. ,,. cormu lacing ana recommend!ng ang-range telecommunications policy. r 7.03.530 Pab lic L'sage oC the System. IF so specified in the Franchise agreement, Che Grantor .:ay ^[i li ze a portion of the Cable Communications System capacity, and assoc is ced facilities and resources, to develop and provide Cable services that sill Se Ln the public interest. in Nrtherance of this purpose, Che Gran Wr wy estab fish a commission, public corporation, or ocher entity to receive and al loco ce facilities, support tL ntls and other considerations provided by [I:e Grantee, and/or others. Such an entity, if escaD li shed, may be delegated the follox ing responsibilities: p. Receive and utilize or reallocate Cor utilization, channel • //3 _~~_ • capacity, facilities, fund ing and other support provided specifically for public usage of the Cable Communications System. B. Review the status and Drogress of each service developed For public benefit. C. Reallocate resources on a periodic basis to conform with changing priorities antl pub lSe needs. 0. Aeport to the Crantor annually on the utilization of resources, the new public services developed and the benefits achieved Cor the City and its residents. 7.03.040 Reservation by Grantor. The Grantor reserves the right, at its tliscret ion, tt~om time to time, to determine if the entity dexribed in Section 7.03.030 is Derforming its purposes in a manner satin factory to the Grantor, and if it is not, the Grantor may receive and reallocate all or a portion of the channel capacity, operations appropriation, and capital appropriation, including any facilities and equipment purchased previously with such appropriation, to another entity. Anew entity shall be required to comply in all respects with the legal responsibilities dexribed Sn Section 7.03.030. 7.03.050 Initial Rates. • A. The Grantee shall establish initial rates that must be applied fairly and uniformly to all subscribers in the franchise area Cor its services in accordance with the rates contained in the £ranch lse agreement. B. Initial basic sub scr SDer rates shall he effective for a minimum of two (2) years from the date cable service commences, or until Grantee has completed all construction proposed in Sts application whichever is longer. 7.03.060 Rate Change Procedure. A. Within ninety (g0) days of the filing of a petition for rate change for any rates sub Ject to Grantor regulation, the Grantor shall hold an appropriate public hearing to consider the proposed rate change, at which hearing all persons desiring to be heard, including the Crantee, shall De heard on any ma Beer, including but hoc limited to, Che performance of its franchise, the Grantee's services, and the proposed new rates. B. Upon notice of any public hearing as provided above, the Grantee shall notary its subscr iDers of the time, place and sub Jeet matter of the public hearing Dy announcement on at least two (2) channels of its system between the hours of 7:00 p.m. and q:00 p,m., for at least five (SJ consecutive days prior to the hearing. C. Within ninety (90) days after said hearing, the Grantor shall render a written decision on the Grantee's petition, either accepting, re Ject ing, modifying or deferring the same one reciting the Dasis for its decision. The Crantor shall consider, but not be limited to the following 1 / 5' _)8_ factors in approving or disapproving the petition: • i. Grantee's substantial fulfillment of a L material requirements of the franchise. ~2. Quality of _serv ice, as Snd icatetl by the number and type of service complaints, Grantee's response to complaints, and Lhe result of periodic system performance tests and the annual rev ieus specified in Section 7.03.D70. 3. Prevailing rates for comparable services in other cable systems of similar size and complexity. 4. pate of return on Grantee's equity, as compared to businesses of equivalent risk. For the purposes of this ord inanee, the rate of return on equity shall 6e defined as Che net, after-tax profit divided 6y the equity portion of Grantee's investment in tang ib Le assets. The investment shall be defined as the cumulative cost of tangible assets such as plant, property and equipment, less the cumulative depreciation charges, plus corking capital, which shall be defined as equivalent to three (3) months total operating expenses. 'hie rate of return shall be ca leu la tsd on a cumulative basis for all system revenues and costs including services such as Day-cable that may be exempt from local rate regulation. Upon request oC Grantor, Grantee shall promptly provide, from the Crantee, its parent company and any suDSid Sary company, all information as shall be reasonably necessary to determine system revenues and Coat9. • 5. Performance of Grantee in introeuc ing new services and expand inq the cable system's capa611ity, as compared to other systems of similar size and complexity, and as evaluated by the system and services rev ~u specified in Section 7.03.080. 6. Tax bene Cits received by Grantee, its partners or shareholders, as the result of their investment in the system. 7. Cash flow derived from system services. The Grantor shall not consider any valuation based upon the franchise or the Grantee's goodwill and these ::ems oC value shall neither be amortized as an expense nor sha 11 a return be paid on them. D. If the Grantor fails to render a ur it ten decision either accepting, re ~ecting, modifying, or deferring Grant_e's petition within one hundred eighty (180) days of the Grantee's petition pursuant to this Section the Grantee shall thereafter De entitled to pit its proposed new rates into effect. E. 'fie Grantee's petition for a rate increase shall include, but not be limited to, the following fioano ial reports, which shall refl_et Che operations of the system: 1. Balance Sheet 2. Income Statement 3. State of Sources and Applications of FLnds 4. Detailed Supporting Schedules of Expenses, Income, Assets, Depreciation and other items as may De required. 5. Statement of anent and Pro Jee led Subscr SDers and • ~/S -tq- Penetration. The Grantee's accounting records applicable to the system shall be available for-insDec Lion by the Grantor at all reasonable times. The Grantor shall have access to records of financial transactions for the purpose of verity ing burtlen rates or other indirect costs prorated Co the operation. The documents listed above shall inc luxe sufClc Tent detail and/or footnotes as may be nece ssary to provide the Grantor with the information needed to make accurate determinations as to the financial condition of the system. All financial statements shall be certified as accurate by a certified pu63ie accountant or an officer of Grantee. F. Scheau le of Rates. 'R~e Grantee shall maintain and file with the Grantor, a complete schedu ie of subscriber rates inc lua ing all fees and charges for services not subject to regula eion or approval by the Grantor, G. Disconnec lion s. There shall be no charge for dlsconnec Lion from the system. However, if a subscriber has failed to pay Droper ly due monthly fees or if a subscriber 8isconnects for seasonal periods, the Grantee may require, in addition to N11 payment of any delinquent fees, a reasonable fee for reconnection. H. No Consideration Beyond Schedule. The Grantee shall receive no consideration whatsover for or in gonnect ion with ita provision of service to _ its subscribers ocher Lhan as set forth in the Section or as filed with ana/or approved by the Grantor. I. Submission of Rate Increase Requests. Grantee shall not submit a request for rate increase earlier than twelve (12) months after a prior request. 7.09.070 Annual Review of Performance. AC Grantor's sole option, within ninety (90) days of the first anniversary of the effective date of each franchise, and each year thereafter throughout the term oC the franchise, the Grantor and Grantee shall meet publicly to review the per COrmance, quality of service and rates of the cable eommun ica Lions system. The reports required in Ctlapter T regarding subscriber complaints, the records of performance tests and the opinion survey report shall be utilized as the basis for review. In addition, any subscriber may submit complaints during the rev ieu meetings, either orally or in writing, and these shall 6e cons idered. A. Nith In thirty (30) days after the conclusion of the system performance review meetings, Grantor shall issue a report with respect to the adequacy of system performance and quality oC service. IC inadequacies are found, GCantOr may direct Grantee to correct the inadequacies within a reasonable period of time. B. Failure oC Grantee, after due notice, to correct the inadequacies shall be considered a material breach of the Cranch ise, and Grantor may, at its sole discretion, exercise any remedy within the scope oC I/ -zG- this ortl finance considered aporopria te. 7.03.080 Svstem and Services Aev iew. To provide for technological, economic, and regulatory changes in the state of the art of cable communications, to facilitate renewal Drocedures, to promote the maximum degree of flexibility in the cable system, and to achieve a continuing, advanced modern system, the Co llowing system and services review procedures are hereby esta611shed: A. At Grantor's sole option, the Grantor and Grantee shall hold a System and Services Review Session on or about the thir anniversary date of the franchise agreement. Subsequent System Aev iew Sessions shall be scheduled by the Grantor each three (3) years thereafter. g. Sixty (fi0) days prior to the scheduled System and Services Review Session, Grantee shall submit a report to Grantor indicating the following: 1. All cable system services Lhat are De ing provided on an operational basis, excluding tests and demonstrations, to cities in the United States with populations aDOVe Len thousand (10,000), that are not provided to the Grantor. 2. A plan for Drovision of such services, or a ,Justification indicating why such services are not feasible for the franchise area. C. Topics for discussion and review at the System and Services • Review Sessions shall include but shall not be limited to, services provided, rate structure, free or discounted services, application of new technologies, system performance, programming, subscriber complaints, user complaints, rights or privacy, amendments to the franchise, urdergrountl ing processes, developments in the law, and regulatory constraints. D. Eicher the Grantor or the Grantee may se lecc additional topics for discussion at any flev iew Session. E Not later than sixty (60) days after the cone lusion of each System and Services flev iew Session, Grantor shall issue a report, fine Lud ing specifically a listing of any cable services not then Deing provided to the Grantor that are considered technically and economically feasible. Grantor may direct Grantee to provide such services within a reasonaD le time, under reasonable rates and conditions. Failure to provide such services without reasonaD le justification may be considered a breach oC the franchise, subject to remetl ies as prov itled in this ordinance. 7.03.090 Access Channel ~naaemene. A. Intent. I[ is the intent of the Grantor to insure that access and community channels provided Cor in any franchise agreement, shall De managed in the best Dub 11c interest, so thae programming on such channels will 6e free oC censorship, open to all residents, and ava SlaDle for all forms of public expression, community in forma Lion and debate oC public issues. Pursuant to these object Sees, the Grantor may delegate the responsibility for • access channel management to a nonprofit entity wh ieh may Snc hide, but not be _21_ • limited to, any of the following: t. A nonprofit public corporation. 2. An access management commission or committee, appo intetl Dy Grantor, and representing a Droad spectrum of the community. 3. An established nonprofit entity with special cab lecasting capat :lily, such as a local or regional community college. B. Funet.ons. The entity designated to manage the access channels shall have the following fLnetions: 7. Aesponsib ility for program production for management of the Public Access Channel and all other channels as may in the franchise agreement be designated for community-Dosed programming. Comownity channels may include Covernaent and Educa[ional Access channels, as designated in the franchise agreement. 2. To assure that the PuD lit pet ess and Community channels are made available to all residents of the franchise area on a nondiscriminatory, First come, first-served basis. 3• To assure that no censorship or control over program content of the Public Access and Community channels exist, except as necessary Lo comply with FCC prohibition of material that is obscene, or contains commercial advertising, or conducts a lottery. V. To devise, esta0lish, and administer all rules, regulations, and procedures pertaining to the use and scheduling of the Public Access and Community channels. • 5. To prepare, in con,{unc Lion with the Grantee, such regular or special reports as may be required or desiraD le. 6. To hire and supervise staff. 7. To make all purchases of materials and equipment that may be required. 8. To develop additional sources of tend ing, such as foundation or federal or state grants, Lo further community programming. 9. To perform such other [L nc lions relevant to the PuD lit and Community channels as may be appropriate. 10. ES tab lishment of budgets on an annual basis, and util Lma[ion of funds and resources received from the Grantor or the public usage entity designated in Section 7.03.030 for the purpose of access programming. C. Access Rules. The access nanagement entity shall complete a set of rules for the use of the Access and Community channels which shall De promptly forwarded to the Grantor. The rules shall be prepared in cooperation with the Grantee, and confiraed by agreement between the access management entity and the Grantee. The rules shall, at a minimum, provide for: 1, Access on a first come, first-served, nand isc riminacory basis .`or al: residents of the franchise area. 2. Prohibition of commercial or political use. 3• Prohibition of any presentation of lottery information, or obscene or indecent material. 4. Pub lid inspection of the log of producers, which shall be retained by the Grantee for a period of Cour (4) years. 5. Procedures by which individuals or groups who violate any ~~ _22_ rule may be prevented Crom tLrther access to the channel. • fi. Free use of such reasonable amounts of channel time, cablecast ing facilities, and technical support as are provided for in the agreement between the access management entity and the Grantee. D. Access management En[itY fleports to Grantor. The access management entity shall provide a report to the Grantor, at least annually, indicating achievements in community-based programming and services, and also shall provide a special report each time Grantee requests an increase in rates, that are sub,)ect to Grantor regulation, indicating the level and quality of Grantee's support during the period elapsed since any previous rate increase was implemented. Chapter 'l .04 GENEAAL FINANCIAL AND ZNSUAANCE PflOVISIONS Sections: 7.04.010 Construction Bond 7.04.020 Performance Bond 7.04.030 Security Fund 7.04.040 Indemnification 7.04.050 Insurance • 7.04.010 Construction Bond. A. Within thirty (30) days after the granting of a franchise and prior to the commencement oC any construction work Dy the Grantee, the Grantee shall file with the Grantor a construction bond in the amoune specified in the .franchise agreement in favor of the Grantor and any other person who may claim homages as a result oC the breach of any duty by the Grantee assu retl by such Good. 9. Such bone as contemp la te8 herein shall be in the form approved by the Grantor and shall, among other matters, cover Che cost of removal of any properties installed Oy the Grantee in the event said Grantee shall default in the performance of its franchise oD ligation. 0. 7n no event shall the amount of said bond be construetl to limit the liability of the Grantee for damages. D. Grantor, at its sole option, ;nay ~.a ive this requirement, or permit consolidation of the construction 6ontl with the performance bond and security fund specified, respectively in Sec ticns 7.04.020 and 7.04 .C30. 7.04,020 Performance Bond A. In addition to the construction bond set forth above, the Grantee shall, at least thirty (30) days prior to the commencement oC operation, file with the Grantor a performance hood in Che amount specified in • the franchise agreement in favor of the Grantor and any other person who may ~!~ -z3- • be entitled to damages as a result of any occurrence in the operation or termination of the Cable Communications System operated under the franchise agreement, and including the payments required to be made to the Crantor hereunder. 8. Such bond as contemplated herein shall be in the form approved by the Grantor and shall among other matters cover the cost of removal of any properties installed by the Grantee in the event said Grantee shall default in the performance of its franchise obligation. C. In no event shall the amount of said bond be construed to limit the liability of the Grantee for tlamages. 7.04.030 Security Fund A. Within thirty (30) days after the effective date of the franchise, the Grantee shall deposit into a Dank account, established by the Grantor and ma Snta in on deposit through the term of this franchise, the sum specified in the franchise agreement, as security for the faithNl performance Dy it of all the provisions of the franchise, and compliance with all orders, permits and directions of any agency of the Grantor having ,)urisd is tion over its acts or defaults under this ordinance, and the payment by the Grantee of any claims, liens and taxes due to the Crantor which arise by reason of the construction, operation or maintenance of the system. • 1'he security Nnd may be assessed by ehe Grantor for purposes including, but not limited to, the following: i. Failure of Grantee to pay Grantor sums due under the terms of the franchise. 2. Reimbursement of costs borne by the Grantor Lo correct franchise violations not corrected Dy Grantee, after due notice. 3. +bne Lary remedies or damages assessed against Grantee due to default or violation of franchise requirements. B. AC Grantor ~s sole option, some portion of the security fund may be provided in the acceptable form of an Srrevocab le letter of credit, in lieu of a cash deposit. C. Nith in thirty (30) days after notice to it that any amount has been withdrawn Dy the Grantor from the security Nnd pursuant to Subsection A of this Section, the Grantee shall deposit a sum of money sufficient to restore such security Nnd to the original amount. D. It the Grantee fails, after ten (10) days notice to pay to ehe Grantor any franchise fee or taxes due and unpaid; or, fails to pay to the Grantor within such ten (10) days, any damages, casts or expenses which the Grantor shall De compelled to pay by reasons of any act or default oC the Grantee in connec Lion with the franchise; or falls, after thirty (30) days notice of such failure ey the Crantor to comply with any provision of the franchise which the Grantor reasona0ly determines can be reined led by an expenditure of the security fund, the Grantor may immediately withdraw the /i.~ -24_ amount thereof, with interest and any penalties, from the security fund. Gpon • such withdrawal, the Grantor shall notify the Grantee of the amount and date thereof. E. The security ftind deposited pursuant to this Section shall become the property of the Granter Sn the event that the franchise is revoked for cause by reasor, oC the default of the Grantee in accordance with the procedures of Section 7.02.740. The Grantee, however, shall be entitled to the return of such security Hind, or portion thereof, as remains on deposit no later than ninety (g0) days after the expiration of the term of the franchise, provided that there is then no outstanding default on the part of the Grantee. F. The rights reserved to the Crantor with respect Co the security tLnd are in addition to all other rights of the Grantor whether reserved by this ordinance or authorized by law, and no action, proceeding or exercise of a right with respect to such security 2Untl shall affect any other right the Grantor may have. 7.04.040 Indemnlficat ion A. The Grantee shall by acceptance of any franchise granted indemnify, defend and hold harmless the Grantor, its officers, boards, commissions, agents, and emp loyeea Crom any and all cla ima, suits, ,Jugements for damages or other relief, costs and attorneys' fees in any way arising out of or through or alleged to arise out of or through: • 1. The act of the Crantor in granting the franchise; and 2. The acts or omissions of Grantee, its servants, employees, or agents including, but not limited Co, any failure or retLsal by Grantee, its servants, employees or agents to comply with any obligation or duty imposed on Grantee by this title or the franchise agreement. d. The exercise of any right or privilege granted or permitted by this title or the franchise agreement. Such indemnification shall include, but not be limited to, all claims arising in tort, contracts, infringement of copyright, Violations of sea to tes, ordinances or regulations or otherwise. B. In the event any such claims shall arise, the Grantor shall tender the defense thereof to the Grantee. Provided, however, that the Grantor in its sole disc ref ian may part is ipaee in the defense of such claims at its expense. 7.04.050 Insurance A. The Grantee shall maintain eh roughout the term of the franchise insurance in amounts at least as follows: 1. Worker's Compensation Insurance. In such coverage as may be requ Sred by the worker's compensation insurance and safety laws of the state of California and amendments thereto. 2. ~rehensive Ceneral Liability. Comp rehenalve general liability insurance, including, but not limited to, coverage for bodily Sn ~u ry and property damage shall be maintained at the • ~ 1/ -25- • sum(s) specified Sn the franchise agreement. 3. Combrehensive Automobile Liability. Comprehensive autospb ile liability including, Dut not limited to, non- ownership and ,hired car coverage as well as owned vehicles with coverage for oodily injury and property damage shall be maintained at the sum(s) specified in the franchise agreement, B. The Grantee shall t4rnish the Grantor with copies of such insurance policies and certificates of insurance. C. Such insurance policies provided for herein shall name the Grantor, its officers, boards, commissions, agents, and emp loyeea as atld itional insureds and shall contain the following endorsement: "It is hereby understood and agreed that this insurance policy may not 6e cancelled by the surety or the intent Son no to renew be stated by the surety until thirty (30) days after receipt by the City Dy registered mail of written notice Of sUOh intention EO cancel or not renew." D. The minimum amounts set forth in the franchise agreement for such insurance shall not De construes to limit the liability of the Mantes to the Grantor under the franchise issued hereunder to the amounts of such insurance. E. All insurance carriers providing coverage under Section 7.04.050 • A shall be duly licensed to operate in the state of California, and shall be subject to approval of Mantor. Chao ter 7.05 DESIGN AND CONSTPUCTION PflOVISIONS Sections; 7.05.010 System Design 7.05.020 Geographical Coverage 7.05.030 Coo lecasting Facilities 7.05.040 System Construe tlon Sehedu le 7.05.050 fleeted ies for Delay in Construction 7.05.060 Provision oP Service 7.05.070 Underground ing oC Cable 7.05.080 New Development Underground ing 7.05.090 Underground at Multiple-D~e Ll ing Units 7.05.100 Street Occupancy 7.05.110 Construction and Technical Standards 7.05.120 Areaw ids Interconnection 7.05.010 System De sign. The Cable Communications System shall be constructed in accordance with the design re4u irements contained in the franchise agreement. ~ ~ :- -26- • 7.05.020 Geographical Coverage. The Grantee shall design and construct the Cable System insuch a manner as to have the eventual capability to pass by every single-family dwelling unit, multiple-family dwelling unit, school and public agency within the area of the franchise. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in the franchise agreement. Cable system construe tlon and provision of service shall be non-0isc riminatory, and Crantee shall not delay or defer service to any section of the franchise area on the grounds of economic preference. 7.05.030 CaDlecast ing Facilities. The Crantee shall provide cap lecasting facilities in accordance with the requirements of the franchise agreement. 7.05.040 System Construction Schedule A. The Grantee shall comply with the requirements of the system construction schedule contained in the franchise agreement. 8. The Grantee shall provide a detailed construction plan indicating progress schedule, area conatnic Lion maps, test plan, and protected dates for offering service. ID addition, the Crantee shall update this information on a monthly Daais, showing specifically whether schedules are being met and the reasons for any delay. 7.05.050 peened ies £or Delay in Construction. The Grantor mey at • its sole option, app Ly any or all of the following remedies in connection with delays in system construction: A. Deduction in the duration of the Cranch ise on a month-for-month basis for each month of delay exceeding six (b) months. B. Fo rfe icure of construction bonds and/or assessment of monetary damages up to Che maximum Der day and per incident limits specified in the franchise agreement, levied against the security tUnd Cor delays exceeding one (~) year. C. Termination of the franchise within one (1) year after award of the franchise if the Grantee has failed to initiate system construction. D. Termination of the franchise for other delays exceeding eighteen (t8) months. Any remedies applied shall be in accordance with the procedures contained in Chapter 10 herein. 7.05.060 Provision of Ee rv ice. After service has been established by activating trunk cables for any area, the Crantee shall Drov ide service to any requesting suDSC riber within that area within thirty (30) days from the date oC request. • •~ _g7_ • 7.05.070 Underground ing of Cable. The underground ing of cable is encouraged. In any event, cables shall De inata lied underground at Grantee's cost where existing utilities are already underground. Previously installed aerial cable shall De undergrounded and relocated in concert, and on a cost- sharing basis, with other utilities, when such other utilities may convert from aerial to underground construction. 7.05.080 New Dave looment Underground ing. In eases of new construction or property development where utilities are to De placed underground, upon request by the Grantee, the developer or property owner shall give Grantee reasonaD le notice of the particular date on which open trenching will be available for Grantee's installation of conduit, pedestals and/or vaults, and laterals to be provided at Grantee's expense. Grantee shall also provide specifications a9 needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the deve lopar or property owner; except that if Grantee fails to install Sts conduit, pedesta la and/or vaults, and islets la wieh in five (5) working days of the date the tcenchea are available, as designated in the notice given Dy the developer or property owner, then show l4 the trenches be closed after the Pive (5) day period, the coat of new trenching is to be borne Dy Grantee. 7.05.090 Underground at tL It io Le-Welling Units. . In cases of multiple dwelling units serviced by aerial utilities, Grantee shall make every effort to minimize the number of indiv ldual aerial drop cables between the pole and the dwelling unit, The burden of proof shall be upon [he Grantee to demonstrate why undergrounding of drop cables is technically or economically unfeasible. 7.05.100 Street Occuoanev A. Grantee shall ueilize existing poles, contlu its, and other facilities whenever poasiD le, and shall not construct or install any new, different, or add it Tonal poles, conduits, or other facilities whether on public property or on privately-ormed property until the ur itten approval of the Grantor is obtained. However, no location of any pole or wire holding structure oC the CCantee shall De a vested interest and such po le9 Or structures shall De removed or modiC led by ehe Grantee at its own expense whenever the Grantgr determines that the pup Tic convenience would be enhanced thereby. B. Grantee shall notify the Grantor at least ten (10) days prior to the intention oC the Grantee to commence any construction in any streets. The Grantor shall cooperate with the Grantee Ln granting any permits required, providing such grant and subsequent construction by the Grantee shall not unduly interfere with the use of such streets antl that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the Grantor. C. All transmission lines, equipment and structures shall De so installed and located as to cause minimum interference with the rights and r ~~1 -za- reasonable convenience oC property owners and at all times, shall be kept antl • maintained in a safe, adequate and substantial condition, and Sn good order and repair. The Grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the DuD lit. Suitable barricades, flags, lights, flares or other devices shall De used at such times and places as are reasonably required far the safety of all members of the puD lit. My poles or other fixtures placed in any public way by Che Grantee shall be Dlaced in such a manner as not to interfere with the usual travel on such puD lit way. D. Grantee shall, at its own expense, and in a manner approved by the Grantor, restore to Grantor standards and spec iCications any damage or disturbance caused to the public way as a result of its operations or construction on its 6eha lt. E. Nhenever, in case of fire or other disaster, it becomes necessary in the ,judgment of the Grantor to remove any of the Grantee's facilities, no charge shall De made by the Grantee against the Grantor for restoration and repair. F. Grantee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wire and facilities, subject to the supervision and direction of the Grantor. Trimming of trees on private Oroperty shall raga ire written consent of the property owner. • C. The Grantee at its expense shall protect, support, te~orarily disconnect, relocate, or remove any property of Grantee when, in the opinion of the Grantor the same is required by reason of traffic conditions, public safety, street vacation, freeway or street grade separation or realignment, insta ltat Son of sewers, drains, watery apes, power line, signal line, transportation facilit Ses, tracks, or any other types of structure or improvements Dy governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public !mDrovement, including Out not limited to movement of buildings, redevelopment, or any general program under which the Grantor shall undertake to cause any such properties to be located beneath the surface of the ground. Nothing hereunder shall De deemed a taking of the property of Grantee and Grantee shall be entitled to no surcharge by reason of anything hereunder. H. Upon failure of Grantee to commence, pursue or complete any work required by law or by the provisions of this ordinance to be done in any street, within the time prescribed and to the satisfaction oC the Grantor, the Grantor may, at its option, cause such work Co be done and the Grantee shall pay to the Grantor the cost thereof in the itemized amounts reported by the Grantor to Grantee within thirty (3G) days after receipt of such itemized report. I. The Grantee shall make no paving cuts or curb cuts un leas • i 1S _pq_ u absolutely necessary, and only after written permission has been given by the Grantor. J. (cantor reserves the right to require conduit far underground caD ling. 7.05.110 Construction and Technical Standards. A. Construe tion Standards, 1. City Codes and Permits. Grantee shall comply with all applicable CSLy construction codes and permit procedures. Grantor shall be entitled to charge reasonaD le permit and inpseetion fees to recover the special nonrecurring inspeo Lion casts imposed Dy the construction of the caD le system. 2. Compliance wieh Safety Codes. All construction practices she it De in accordance with all applicable sections of federal and state Occupational Safety and Health Acts and any amendments thereto as well as all state and local codes where applicable. 3. Compliance with Electrical Codes. All inata Nation of electronic equipment shall be of a permanent nature, durable antl installed in accordance with the prav is ions of the Basic BOCA Eleotrical Code as amended, and all app lieab le state and local codes. 4. Meennas and Towers. Mtenna supporting structures (towers) shall be designed for the proper loading as specified in Electronics Industry • Association's R.S. 222-A specifications. 5. Compliance with Aviation Requ irementa. Mtennaa supporting structures (towers) shall De painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Av iatlon Administration and all other app lica6le state or local codes and regulations. 6. Construction Standards and Requirements. All of the Grantee's plant and equipment, Snc lud ing but not limited to the antenna site, head-end and distribution system towers, house connections, structures, poles, wire, cable coaxial cable, fixtures and appurtenances shall De insta lle4, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced ma intenanee and construction personnel so as not Lo endanger or interfere with improvements the Grantor may deem proper to make, or to Sn terfere in any manner with the rights oC any property owner, or to hinder or obstruct pedeatr San or veh tcu lar traffic, 7. Safety. Nuisance, Requirements. The Grantee shall at all times employ ordinary care and shall in eta 11 and ma Sntain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, Sn,jury or nuisance to the public. B. Technical Standards, The Cable Communications System shall meet all technical and performance standards contained in the franchise agreement. C. Test and Compliance Procedure. The Grantee shall submit, within sixty (60) days after the effective date of the french ise agreement, a detailed test plan describing the methods and schedules Cor testing the Cable Communications System on an ongoing basis to determine comp lianee with the j :~~. _30. provisions of the franchise agreement. The tests for Basic SuDx riber • Television Services shall be performed at intervals no greater than every tae lve (12) months, on a minim of twenty (20) subxrlber television receivers, located throughout the service area. At least eight (g) of these locations shall be at the tar end of the distribution trunk cables. The tests shall be wltnesaed Dy representatives of the Grantor, and written test reports shall be submitted to the Grantor. If more than ten percent (lOf) of the locations tested Cail to meet the performance standards, the Grantee shall be required to indicate what corrective meaaurea have Deen taken, and the entire test shall De repeated for at least twenty (20) different locations. A second failure of more than ten percent (10f) may result, at the Grantor's option, in remedies, including but not limited to an order to reduce subscriber rates due to degraded service. D. Special Tests. At any time after commencement of service to suDSCribers the Grantor may require additional teats, N11 or partial repeat tests, different test procedures, or tests involving a specific auDSCriDers terminal. Requests Por such additional teats will be made on the basis of complaints received or other evidence lnd icating an unresolved controversy or significant noncompliance, and such tests shall De limited to the particular matter in controversy. The Grantor shall endeavor to so arrange its requeata for such special teats so as to minimize hardahiD or inconven lOnce to Grentea or to the suDSCriber. 1.05.120 Areawide Interconnection. A. Interconnection Required. The Grantee shall interconnect public • usage ehanne is of the Cable Communications System with any or all other cable systems in ad ~acent areas, upon the directive of the Grantor. Interconnection of systems shall permit interactive transmission and reception of Drogram mater is 1, and may be done by direct cable connection, microwave link, satellite, or other aDDropriate method. B. Interconnection Procedure. Gpon receiv Sng the directive oC the Grantor to interconnect, the Grantee shall immed fa to ly initiate neget cations with the other affected system or systems. The cost shall be borne Dy both Grantees, in the proportion of number of channels received Lo total number of channels transmitted and received, under the assumption that benefits accrue primarily through receipt of additional channels. In the case of regional or state-aide interconnection, the same prine ip le shell apply. C. Relief. The Grantee may De granted reasonable extensions of time to interconnect or the Grantor may rescind its order to interconnect upon petition 6y the Grantee to the Grantor. The Grantor may grant sa Sd request if it finds Ehat the Grantee has negotiated in good faith and has failed to obtain an approval from the system or systems oC the proposed interconnection, or that the cost of the interconnection would cause an unreasonaD le or unacceptable increase in subscriber rates. D. Coooerat ion Required. The Grantee shall cooperate with any r~ L 1 .~.7 _31_ • interconection corporation, regional interconnection authority or city, county, state or federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the franchise territory. E. Initial Technical Aegu irements to Assure Future Interconnection Capability. 1. Every Grantee receiving a franchise to operate a Cable Communications System within the franchise territory shall use the same frequency allocations for commonly provided television signals so far as is technically and economically feasible. 2. Grantee shall Drovide local orlg ination and access equipment that is compaClOle throughout the area so that videocassettes or videotapes can be shared by various systems. Sections: . 7.06.010 7.o6.ozo 7.06.030 T .06.040 7.06.050 7.06.060 7.06.070 7.06.080 7.06.090 7.06.100 7.06.110 7.06.120 7.06.130 Chapter 7.06 SERVICE PROVISIONS Services to be Provided Basic Subxriber Television Service (BSTS) Basic Subscriber Radio Service (BSRS) Institutional Service (ZS) Add it tonal Subscriber Services Local Origination Channel(s) Government Access Channel(s) Educational Access Channel(s) Public Access Channel(s) Pub lie Aeceaa(a) (Closed-Circuit) Leased Access Channel Leased Uae of Access Channels Universal Connection 7.06,010 Services to be Provided. The Grantee shall provide, as a minimum, the services listed in the franchise agreement. Services shall not be reduced without prior approval of Grancor. 7.06.020 Basic Subac riber Television Service (BSTS). The "Basic Subscriber Television Service" shall include the FCC required services, the distant television broadcast signals, the imported non-broadcast signals, and the Drov is ion of all other cab lecast open-channel signals. This service shall be provided to all subscribers at the established BSTS monthly subscription rates. 7.06.030 Basic Subscriber Radio Service (BSRS). The "Basic I w? _3p _ Subscriber Ratlio Service^ shall include the provision of all audio services • desSgnated in the franchise agreement, including retransmission of local broadcast FM radio signals, and cab lecast E1M signals. This service shall De provided to all subscribers at the established BSRS monthly subscription rates. 7.06.OL0 Institutional Service (IS). IC specified in the franchise agreement, the "Institutional Service" shall include the provision of transmission antl/or reception services to institutional users, on a leased channel basis at established IS rates. Services may include the distribution of video or non-video signs ls. 7.06.050 Additional Subscriber Services. "Add it Sonal Subscriber Serv ices," not included in the BSTS and BSRS services specified above, may be prov idetl, either within the basic subscription rates, or on a premium basis, subject to applicable law. 7.06.060 Local Origination Channel(s). The Grantee shall operate the cab lecasting studios on a high-0ua llty, professional basis for the purpose of providing cab lecast p.^ogramming responsive to local needs and interests. The primary emphasis for the Local Origination Channel(s) shall be on providing community-focused programming that is unavallaD le to viewers on broadcast television ehanne ls. 7.06.070 Government Access Channel(s). 1t~e Grantee shall provide the number of channels specified in the franchise agreement, including all necessary interface equipment and cabling to permit operation, for the use of the Grantor at no charge to the Grantor. The Grancee shall provide facilities and cec hn ical support to aid in the utilization of these ehanne ls, as Spec iCied in the franchise agreement. 7.06.080 Educational Access Channel(s). The Grantee shall provide the number of ehanne is specified in the franchise agreement including all necessary interface equipment and cabling co permit operation, for the use of the local educational institutions at no charge. The Grantee shall Drov ide facilities and technical support to aid in the utilization of Chase channels, as spec i Cied in the franchise agreement. 7.06.090 Public Aacess Channel(s). The Grantee shall provide the number of channels specified in the franchise agreement including all necessary Sn tertace equipment and cabling to permit operation, to be available to the public at no charge. The PuD lic Access Channel(s) may De managed and operated by the access management entity, as described in Chapter 7.03. The Grantee shall make available for programmers of the public access channel the facilities and support specified in the franchise agreement. 7.06.100 Pub Lie Acces s(s) (Closed-Circuit). If the Cable Communications System includes a closed-circuit instituc tonal network, the Grantee shall rmke a portion of the network capacity, as specified Sn the franchise agreement, available for local government, educational and pub llc r~ L ~ ~7 -33- • use at no chage. The Public Access two-way channels shall be managed and operated by the access management entity. 7.06.110 Leased Aqeesa Channel. Grantee shall eke available for lease, on a nondiscr iminatery basis, the number of channels specified in the franchise agreement. All leased channel service revenues shall be included in gross revenues subject to Lhe tt~anchise fee. 7.06.120 Leased Use of Access Channels. IC Grantor determines that a new service would be Sn the public interest and receives a Dona fide offer from a third party to provide such a service, Grantee shall be offered the first right of retLSal to Drov fide the service on the same terms. If Grantee declines to provide the service, Grantor may utilize appropriate access channel capacity Lo accommodate that service. 7 06.130 Un SVarsal Connection. The Grantor may require that all dwelling units within the tt'anchise area shall be connected phys seal ly to the caD le system Dy the Grantee by means of drop cables terminating at each dwelling unit, whether Or not the dwelling unit's Occupants desire to subsc rihe Lo cable service. The cost and charges shall be determined by the Grantor at the time such connection is required. Grantee shall De entlt led to recover the incremental cost oC providing a universal connection. • Chanter 7.07 OPERATION AND MAINTENANCE Sections: 7.07.010 Open Books and Records 7.07.020 Records required 7.07.030 Maintenance and Complaints 7.07.040 flights of Individuals 7.07.050 Continuity of Service Mandatory 7.07.060 Grantee Rules and Regulations 7.07.070 Tenant flights 7.09.010 Open Books and Records. The Grantee shall manage all of its operations in accordance with a policy of totally open books and records. The Grantor shall have the right Co inspect at any Lime during normal business hours, all books, records, maps, plans, financial statements, service complaint logs, Derformance test results and other like materials of the Grantee which relate Co the operation oC the franchise and are ma iota fined at the office within the franchise terr i[ory. If any of such Dooks or records are not kept in the local office, pr upon reasonab ].e request made available to the Grantor, and it the Grantor shall determine that an examination of such records is necessary or approp rla to to the performance of any of Grantor's duties, then all travel and maintenance expense necessarily incurred in making such ezaminatf.on shall be '~ _34_ paid by Grantee. • 7.07.020 Records Required. A. Zn any event the Grantee shall at all Limes maintain; ~1. A record of all comp la ants received and interruptions of degradation of service experienced for the preceding three (3) years. 2. A N11 and pomp le to set of plans, records and ^as-0ui lt" maps showing the exact location of all fable Communications System equ ipmant installed or in use in the franchise territory, exclusive of subscriber service tlrops. 7.07.030 P6lntenance and Como la infs. A. The Grantee shall maintain an office in the service area which shall be open during all usual business hours, have a publicly listed toll- tree telephone, and be so operated to receive subscriber comp lalnts and requests for repairs or ad }ustments on a twenty-four (24) hour a day basis. A written log shall be maintained listing all complaints antl their dispoait ion as required by Sec tlon 7.07.020 A 1. B. The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest t1m0 possible. Such interruptions, insofar as DoasiD le, shall be Dreceded by notice and shall occur during period of minimum use of the system. A written log shall De me iota fined for all service interruptions as required Dy Section 7.07.020 A 7. • C. The Grantee shall maintain a repair force of technicians capaD le of responding to subscriber complaints or requests Cor service within twlnty- four (24) hours after receipt of the complaint or request. No charge shall be made to the subscriber for this sere ice. D. The Grantee shall Nrnish each subscriber at the time service is installed, written instructions that clearly set forth procedures, Nrnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or camp la Sots are to be addressed, and Nrnish intormat ion concerning the Grantor office responsible for administration oC the franchise with the address and telephone number of the office. 7_.07.040 RSRhts of Individuals A. Grantee shall not deny service, deny access, or otherwise discriminate against subxribers, channel users, or general citizens on the basis of race, eo lor, religion, national orlg in, age or sex. Grantee shall comply at all times with all other applicable federal, state and local laws and regulations, and all executive and administrative orders relating to non- discrimination which are hereby Sncorpora fed and made part of this ordinance by reference. Grantee shall strictly adhere to the equal employment • ~ ~~ -35- • opportunity requirements of federal, state and local law and regulations in effect on the tlate rf the franchise grant, and as amended from time to time. C. No signals of a Class IV cable communications channel shall be transmitted from a subscriber terainal for purposes of monitoring intl iv idual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in fu 11 knowledge of its provision. Such written permiss ion shall De for a limited period of time not to exceed one (1) year, which shall be renewable at the option of the subscriber, go penalty shall De invoked for a subsc riDer~s failure to provide or renew such an authorization. The authorization shall be revokab Le at any Lime by the subscriber without penalty of any kind whatsoever. Such authorization is required for each type or classification of Class IV cable television activity planned; provided however, that the Grantee shall De entitled to conduct systemwide or individually addressed "sweeps" for the purpose of verity ing system integrity, controlling return-path transmission, or billing for pay services. D. The Grantee, or any oC its agents or employees, shall not, without the specific written authorization of the suDSCriber involved, sell, or otherwise make available to any person: 1. Lists of Lhe names and addresses of such suDSOribers, or • 2. Any list uh ich identifies the viewing habits of individual subscribers. E. Fairness of Access ib Llity. The entire system of the Grantee shall De opera eed in a manner consistent with the principle oC fairness antl equal accessibility of its facilities, equipment, channels studios and other services to all citizens, businesses, pub lic agencies and other entities having a legitimate use far the system, and no one shall De arbitrarily excluded from its use. Allocation of use oC said faciltt ies shall be made according to the rules or decisions of the Grantee, the Grantor in its lawtLl exercise of regulatory authority, and any state or federal regulatory agencies affecting the same. 7.07.050 Cont inu itv of Se rv icy ~4ndato^v A. IC shall be Lhe right oC all subscribers to continue receiving service insofar as their flnanc ial and other ob Ligations to Lhe Grantee are honored. ID the event that the Grantee elects to overbuild, rebuild, modify, or sell the system, or the Grantor gives notice oC intent to terminate or Ca ils to renew this franchise, ehe Gran cee sha li act so as to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. In the event of a change oC franchisee, or in the event a new operator acquires the system, the Grantee shall cooperate with the Crantor, new franchisee or operator Sn ma in to in ing continuity of service to all • subscribers. During such per Sod, Crantee shall be entitled to the revenues for any period during which Se operates the system, and shall be entitled to l3> -36- reasonable costs for its services when it no longer operates the system. B. In the event Grantee tails to operate the system for seven (7) . consecutive days without prior approval oC the Grantor or without ]ust cause, the Grantor may, at its option, operate the system or designate an operator until such time as Grantee restores service under conditions acceptable to the Grantor or a pe"rmanent operatgr Ss selected. If the Grantor is requ iced to fulfill this oD ligation Cor the Grantee, then during such period as the Grantor tL lfills such obligation, the Grantor shall be entitled to collect all revenues Crom the system, and the Grantee shall reimburse Che Grantor for all reasonaD le costs or damages in excess of the revenues Collet Led by the Grantor that are the result of the Grantee's failure to perform. 7.07.060 Grantee Rules and Regulations. The Grantee shall have the authority to prose lgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Grantee to exercise its rights and perform its ab llgations under the franchise, and to assure an uninterrupted service to each and all of its customers. Provided, However, that such rules, regulations, terms and conditions shall not De !n conflict with the provisions hereof or applicable state and federal laws, rvles and regulations. Such ru lea, regulations, terms and conditions shall be submitted to the Grantor Por its review and Grantor approval is required Drior to their becoming effective. 7.07.070 Tenant Aights. Grantee shall be required to provide service to tenants in individual units of a milt ip le housing facility with all services offered to other dwelling units within the franchise area, so long as • the owner of the facility consents in writing, if requested by Grantee, to the following: A. To Grantee's providing oC the service to units of the facility; B. To reasonable conditions and times for installation, maintenance, and inspection of the system on the facility premises; C. To reasonable cond It ions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the system; and D. To not discriminate in rental charges, or otherwise, between tenants who receive cable service and those who do not. Chapter 7.08 EIGHTS AESEAVED TO TAE GAANTOA Sections: 7.08.010 flight to Purchase the System 7.08.020 Right of Inspection of Records • l33 -3T- • 7.08.030 Right of Inspection of Construction 7.08.040 flight of Intervention 7.OB.050, flight to Require Removal of Property 7 08.010 Right to Purchase the System. Tha Grantor may in any law[Ll manner and upon the payment of a fair valuation lawfully ascertain, purchase, condemn, acquire, take over and hold Che property and plant of the Grantee in whole or in part. If such purchase or taking over be upon revocation of the franchise or at Lhe expiration of the term of the franchise such valuation shall not include any sum far the value of the franchise or grant under which such plant and property is being operated. 7.08.020 Right of Inspection of Accords. There shall be kept in the Grantor's office a separate record for the franchise, which record shall show the items hereafter set forth. The Grantee shall provide such information 1n such form as may be required by the Grantor for said records. A. The true and entire cost of construction equipment, of ma Sntenance and of the ad ministrae ion and operation thereof; the amount of stock issued, if any; the amount of cash paid in, the number of and par value oC shares, the amount and character of indebtedness, if any; tha rate of taxes, Che dividends declared; the eharac ter and amount of all fixed charges; the allowance, if any, for interest, Cor wear and tear or deD rec iation; all • amounts and sources of income. 8. Any amount co llectetl annually from the Grantor treasury and the character and ez tent of the service rendered therefor to the Grantor. C. The amount collected annually from other users of service and the character and extent of the service rendered therefor to them. The books and records kept by Che Grantor shall be open to pub lit examination at any time during the business hours of the Grantor's office. The information, in addition to any fL rther data which may be required by the Grantor, shall be furnished by the Grantee to the Grantor upon request, and ae the Grantee's own cost and expense. 7.08.030 Right of Inspect ion of Construction. The Grantor shall have Che right co inspect all construction or installation cork performed subject to the provisions of the franchise and co make such tests as it shall find necessary to ensure compliance with the terms oC this franchise and other pertinent provisions of law. 7.08.040 Aight of Intervention. The Cran for shall have the right oC intervention in any suit or proceeding to uh ich the Grantee is party, and the Grantee shall not oppose such intervention by Lne Grantor. 7.08.050 flight to Require Removal of Property. AC the expiration of the term for which the franchise is granted, or upon iCS revocation or ® expiration, as provided for herein, the Grantor shall have the right to require the Grantee to remove, at its own expense, all portions of the Cable / 3~/ -38- Communications System tti•om all streets and public ways within the franchise are. Chapter 7.09 • RIGHTS flESEHVED TO THE GRANTEE Sections: 7.09.010 Hight of Grantee 7.09.010 Hight of Grantee. In the event of any dispute between Grantee and Grantor over this title or the franchise agreement, or with respece to any rights or obligations arising therefrom, Grantee shall first pursue and exhause all available administrative remedies. Thereafter Grantee may pursue any appropriate legal action which such action may be Drought only in a Superior or hLnio ipal Court of California situated in the County of San Bernardino. Chapter 7.10 FRANCHISE VIOLATIONS Sect ions• 7.10.010 fleeted ies for Franchise Violations 7.10.020 Procedure Car flemedy ing Franchise Yio lot ions • 7.10.030 Force t9 feu re; Grantee's Inability to Perform 7.10.010 peened ies for Franchise Violations. If the Grantee fails to perform any obligation under the franchise, or fails to do so in a timely manner, the Grantor may at ics option, and in its sole discretion; A. Assess against the Grantee monetary damages up to the limits established in the franchise agreement for material franchise violations, said assessment to be levied against the security fund, here inabove provided, and collected by Grantor immediately upon said assessment. The amount of such assessment shall be deemed, without proof, to represent liquidation of damages actually susta ine^ by Grantor by reason of Grantee's failure to perform. Such assessment shall not constitute a waiver by the Grantor of any other right or remedy it may have under the franchise or under applicaD le law, including without limitation, its right to recover from Grantee such additional damages, losses, costa and expenses, including actual attorney fees, as may have been suffered or incurred by Grantor by reasons of or arising out oC such breach oC the franchise. This provision for assessment of damages is intended Dy the parties to 6e separate and apart from Grantor's right to enforce the provisions of the construction and performance bonds provided for in Chapter 4, and is intended to provide compensation to :cantor far actual damages. • 3~ -39- B. For violations considered by Grantor to have materially degraded the quality of service, order and direct Crantee to issue rebates or reduce its rates and/or charges to subscribers, in an amount solely determined by Grantor to provide monetary relief suDstant is lly equal to the reduced quality of service resulting from Grantee's failure to perform. C. Require Crantee to cure all defaults and breaches of its obligations hereunder before Grantee is ent it letl to increase any rate or charge to subscribers hereunder. Terminate the franchise, for any of the causes stated in Chapter E. No remedy shall be imposed by Grantor against Crantee for any violation oC the franchise without Grantee being afforded due process of law, as provided for in Section 7.10.020. Grantor may, in its sole ,judgment and discretion, impose any or all of the above enumerated measures against Crantee, which shall De Sn addition co any and all ocher legal or equitable remedies it has under Che franchise or under any applicable law. 7.10.020 Procedure for flemedy ing Franchise Violations. In the event that the Crantor determines that the Grantee has violated any provision of the franchise, any rule or regulation promulgated pursuant hereto or any applicable federal, state, or local law, the Grantor may make a written demand on the Grantee that it remedy such violation. If the violation, breach, failure, refusal, or neglect is not remedied to the satisfaction of the Grantor within thirty (30) days following such demand, the Grantor shall determine whether or not such violation, breach, failure, re 2Usa 1, or neglect Dy the Grantee was excusable or inexcusaD le, in accordance with the following procedure: A. A public hearing shall be held and the Grantee shall be provided with an opportunity to be heard upon Chitty (30) days written notice to the Grantee of the time and the place of Che hearing provided and the allegations of franchise violations. B. If, after notice is given and, at the Grantee's option, a full public proceeding is held, the Crantor eetermines that such vio lac ion, breach, failure, refusal, or neglect by the Crantee was excusable as provided in Section 7.10.030, the Grantor sha 11 direct Che Crantee to correct or remedy the same ulth in such additional time, in such manner and upon such terms and conditions as the Grantor may direct. C. If, after notice is given and, at the Grantee's option, a tU 11 pub iie proceeding is held, the Grantor determines that such violation, breach, failure, refusal or neglect was inexcusable, then the Crantor may impose a remedy in accordance with Section 7.10.010. _40- ~J 7.10.030 Force t4.teure; Grantee's Inability to Perform. 7n the event Grantee's performance of any of the terms, conditions, oD ligations, or requirements of the franchise Ss prevented or impaired due to any cause beyond its reasonable' conttol or not reasonably foreseeable, such inability t6 perform shall De deemed to be excused and no penalties or sane [ions shall De imposed as a result thereof, provided Grantee has notified Grantor in writing within thirty (30) days of its dixovery of the occurence of such an event. Such causes beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, Acts of God and civil emergencies. Chapter 7.11 REPORTS Sections• 11.010 Annual Reports ,11.020 Plant Survey Aeport 11.030 Copies of Federal and SCa to ReporW .11.040 Public ReporW 11.050 Coma la int File and Reports ,11.060 Privacy Report .11.070 Mince llaneous Reports • ,11.080 Inspection oC Facilities .11.090 Business Office and Files ,1t .100 Public Inspection .11.110 Fa pure to Report ,11.120 False Statements ,11.130 Cost of Reports 7.11.010 Annual Reports. At Grantor's sole option, Nith in sixty (60) days after the close of Grantee's fiscal year, the Grantee shall submit a written annual report, in a form approved by the Grantor, including, but not limited Co, the following information: A. A summery of the previous year's (or, in the case of the in it Sal report year, the Snitfal year's) act Sv itias in development of the eaD le system, including, but not limited to, services begun or discontinued during the reporting year, and the number of suDSCribers for each class of service; R. A financial statement, and ltee by, an independent Certified Public Accountant, or certified by an officer of the Grantee, including a statement oC income, revenues, operating expenses, value of plant, annual capital expenditures, depreciation with an attached depreciation schedule, interest paid, taxed paid, balance sheets, and a statement of sources and app Beat ion of Nnds. C. A current statement of costs oC construction by component • categories; /37 _41- • D. A projected income statement and statement of projected c onstructlon for the next two (2) years; E. A list of Grantee's officers, members of its board of directors, and other principals of Grantee; F. A list of stockholders or other equity investors holding five percent (5f) or more of the voting interest in the Grantee and its parent, subsidiary and affiliated corporations and other entities, if any; G. To the extent that money, other than profits, is paid to a parent, subsidiary, qr other person affiliated with the Grantee, the amounts o Csuch payments and the Oasis for computation oC such amounts (e .g., the basis for computing any management fees or share of "home office" overhead). 7.13.020 Plant Survev fleoort. At Grantor's sole option, Grantee shall submit to the Grantor an annual plant survey report which shall De a complete survey of the Grantee's plant and a tL 11 report thereon. Said report shall include, but not be limited to, a description and ^as-bu ilt^ maps of the portions of the franchise area that have been cable and have all services available, an appropriate engineering evaluation Snc lading su SCaD le electronic measurements conducted in conformity with such requirements, inc lutl ing supervision, as the Grantor may prescribe. Said report shall be in sufficient detail to enable the Grantor to ascertain that the service requirements and • technical standards of the FCC and/or the franchise are achieved and maintained. If Grantor has reason to believe that portions or all of the system do not meet either the FCC technical standards, or those incorporated into the franchise agreement, at Grantor's request, Dut no more often than once per three (3) years, the Grantee and the Grantor shall agree upon the appointment of a qualified independent engineer to evaluate and verify the technical performance of the Cab le System. Ths cost of such evaluation shall be borne equally by the Grantee and the Grantor. 7.11.030 Copies oC Federal and State Deports. The Grantee shall submit Co the Grantor copies of all pleadings, applications, reports, communications and documents of any kind, submitted 6y Lhe Grantee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies relating Co its cab le television operations within the fro nth ise area. Grantee shall submit such documents to the Grantor simultaneously with their submission to such courts, agencies and Dod ies; and within five (5) days after their receipt from such courts, agencies and Doilies. The Grantee hereby waives any right to claim confidene is 1, privileged or proprietary rigs is to such documents unless such confidential rights are determined to De confidential by laa or by the practices of federal or state agencies. Such confidential data exempt from public disclosure shall be retained in con Cid enee Dy the Grantor and its authorized agents and shall not De mane available for public inspection. 7.11.040 PuD lit fleoorts. A copy of each of Grantee's annual and other periodic public reports and those oC its parent, subsidiary and /3~ -42- a ffilia tetl corporations and other entities, as the Grantor requests and is • reasonably appropriate, shall be submitted to the Grantor within five (5) days of its issuance. 7.11.050 Going la int FS le and Reports. An accurate antl comprehensive file shall be kept by Che Grantee of any and all complaints regare ing the cab le system. A procedure shall be established by the Che Grantee by the time oC insta llstfon of the cable system to remedy complaints quickly and reasonably to the satisfaction of the 47entor. Complete records of Grantee ~s act iona in response to all complaints shll be kept. These files antl records shall re®Sn open to the public during normal business hours: A. A sumeary of complaints, identity ing the number and nature of complaints and their disposition, in a form approved 6y the Grantor, 9ha 11 be comp letetl for each month and submitted to the Grantor by the tenth day of the succeeding month. H. The results of an annual opinion survey report which identifies sae isfaction oC dissatlsfactlon among subscribers with ce0le communications services offered by the Grantee shall De submitted to the Grantor no is ter Chan two (2) months after the end of Grantee ~s CSscal year. 'Ric surveys required to make said report shall De Sn a for®t approved by the Grantor and may De Sn a form that can be transmitted to subscribers with one (1) or more bi115 for service. • 7.11.060 Privacy lkDOrt, pt Grantor ~s option, Grantee shall submit to the Grantor an annual report indicating the degree of compliance with the privacy provisions of Chapter 7 of this Cit le, and all steps taken to assure Ghat the privacy rights of individuals have been protected. 7.ti.07G Miscellaneous Reports. Grantee shall submit to Che Grantor such other information or reports Sn such forms and at such times as the Grantor may reasonably request or require. 7.11.080 inspection oC Facilities. The Grantee shall allow the Grantor to maKe inspec [iona of any of the Grantee's facilities antl equipment at any time upon reasonable notice, or, in case of emergency, upon demand w tthout prior notice, to allow Grantor to verify the accuracy of any submitted report. 7.11.090 Business Office and Files. pt the Grantee's local office, as required Dy Section 7.01.030 herein, Grantee shall keep complete and accurate booKS and records. The Grantor shall have Che right to inspect at any time during normal business hours all books, records, maDS, plans, income tax returns, financial statements, service complaint logs, performance test results and other like ma ter la is of the Grantee which re la to to the operation of the Cable System. Access to the aforementioned records shall not be denied by the Grantee on the basis that said records contain confidential, privileged, or proprietary information. • l37 -43_ • 7.11.100 Public Inspection. All reports subject to public disclosure, shall be availaD le for public inspection at a designated Grantor office during normal business hours. 7.11.110 Failure to Report. The retUSa 1, failure, or neglect of the Grantee to file any of the reports required, or such other reports as the Grantor reasonably may request, shall be deemed a material breach of the tranch lse, and shall subject the Grantee to all remedies, legal or equitable, which are available to the Grantor untler the franchise or otherwise. 7.11.120 False Statements. Any materially false or misleading statement or representation made knowingly by the Grantee in any report required under the franchise shall be deemed a material breach oP the franchise and shall subject the Grantee to all remedies, legal or equitable, which are available to the Grantor under the franchise or otherwise. 7.11.130 Cost of Reports. All reports and records required under this or any other Section shall be tLrnished at the sole expense of the Grantee. Chapter 7.12 MISCELLANEOUS PROVISIONS • Sect ions• 7.12.010 Compliance with State and Federal laws 7.12.020 Separability Non-M1Ta ter ial Provisions 7.12.030 Separability-Mater lal Provisions 7.1z.ouo Noc icee 7.12.050 Captions 7.12.060 No Recourse Against the Grantor 7.12.070 Nonenforcement by the Grantor 7.12.010 Compliance with State and Federal Laws. Notwithstanding any other provisions of the (ranch lye to the Contrary, the Grantee shall at all Limes comply with all laws and regulations of the state and federal government or any admmin istrative agencies thereof. Provided, however, iC any such state or federal law or regulation shall require the Grantee to perform any service, or shall Dermit the Grantee to per Corm any services, or shall prohibit the Grantee to perform any service, or shall prohibit the Grantee Crom performing any service, in conflict with the terms oC the franchise or any law or regulation of the Grantor, then as soon as possible following knowledge thereof, the Grantee shall notify the Grantor oC the point of conflict believed to exist between such ragula t ion or law and the laws or regulations of the Grantor or the franchise. 7.12.020 Seoarab ility Non-P6 to rial Provisions. If any provision oC this ordinance or any related agreements is held by any court or by any /'-/ J _y4_ fetleral, state, or local agency of competent jurisdiction to be invalid as conflicting with any federal, state, or local, law, rule or regulation now or hereafter in effect, or is held by such court or agency to De modified in any way Sn order ~to conform to the requirements o£ any such law, rule or regulation, and if said provision is considered non-material by the Grantor, said provision shall De considered a separate, dSst inet and independent part of this ordinance, and such holding she 11 not affect the validity and enforceability of all other provisions hereof. In the event that such law, tole or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof or thereof which has been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to tL 11 force and effectand shall thereafter be binding on the parties hereto, provided that the Crantor shall give the Grantee thirty (3o) days written not ice of such change before requiring compliance with said provision. 7.12.030 Separability-Material Provisions. If any material section of this title, as determined by the Grantor, is held to De love lid or preempted Dy federal, state or county regulations or laws, the Grantor shall negotiate with Grantee appropriate modifications to the franchise to provide reasonable relief to the Crantor from such invalidity or premp lion, ine lading the payment of damages. It the parties are unable to reach agreement on such modifications, then the dispute she 11 be submitted to a mutually agreeaD le • arbitrator, in accordance with state law, who shall determine what modifications and/or liquidated damages are appropriate. The arD ltrator's decision she 11 be binding on the pert ies, provided, that no decision of the orb it rotor shall require the Grantor or Grantee tc be in violation of any federal or state law or regu letion. 7.12.040 Notices. Grantee shall maintain within the service area throughout the term of the franchise, an address for service of notices by a3 il. 7.12.050 Captions. The captions to sections throughout this ordinance are in eended solely co facilitate reading and reference. Such cap dons shall not affect the meaning or interpretation of this ordinance. 7.12.060 No fleoourse Aga inse the Grantor. The Grantee shall have no recourse whatsoever against the Grantor or its officials, boards, commissions, agents, or employees Cor any loss, costs, expense, or damage arising out of any provision or requirement oC Lhe french isa or because of the enforcement of Ghe franchise. 7.12.070 Nonenforcement by the Grantor. The Grantee she 11 not De relieved of its oh ligat ion to conq ly with any of the provisions of this title Oy reasons of any failure of the Grantor to enforce prompt compliance. SECTION 2; The Mayor shall sign th SS Ordinance and the City Clerk shall attest to the same, and the City Clerk shall notice of the adoption of • this Ordinance by pub lashing a display advertisement prepared in accordance 1y/ -45- _ with Government Code 36933 (e) (2) within fifteen (15) days after the adoption of this Ordinance at least once in The Da i lv Report, a newspaper oC general circulation, puD lashed Ln the City of Ontario, antl circulated in the City of Aancho Cucamonga. " PASSED, APPAOYED, and ADOPTED this • day of ~, 19'. AYES: ~ NOES: ~ ABSENT: i Jon D. Mlke ls, Mayor RTTEST: tauten M. 7tasserman, City Clerk N L 3evised • ORDINANCE N0. 221 AN ORDINANCE OP TlD: CITY OF RANCHO CUCAMONCA, CALIFORNIA, IIBPEILING C61ITlIN PROYISIONS OP THE SAN BERNAADINO COUNTY CODE, NERETOFOR6 ADOPTED BY REPERENCE, PERTAINING TO THE REGULATION OP COMMUNITY ANTENNA ?Y SYSTEMS the City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Sections 42.050 through Y2.0511 and Sections 42.0513 ehrough 42.0516, Chepter 5 of Division 2 of Title 4 oP tM San Bernardino County Code, which were heretofore adopted Oy reference, are hereby repealed. SECTION 2: The lYyor shell sign thin Ordinance and CM CSiy Clerk shall attest to the ear, and the City C1erK atoll cause the ear to M published within fifteen ( 15) Jaya after Sta paarge, at least ohoa Sn The Daily flaport, a newspaper of general circulation published in the Clty of Ontario, California, and circulated Sn the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of March, 1984. • AYES: NOES: ABSENT: Jon D. Mike ls, Mayor ATTEST: Lauren M. Nasaerrn, City Clerk ~~ ~, ~, • \J CITY OF RANCHO CUCAMONGA STAFF REPORT ORTE: March 21, 1984 T0: City Council and City Manager G~MO L~ ~7. Z , ~: ,-..~,r~._ I III Olli rn VZ r' "w' li> 19i: ~ FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Public Hearing for the Vacation of 40 feet of Vehicle Access Rights on Haven Avenue in Connection with Parcel MaD 8250 as requested by Daon Corporation Daon Corp. has requested this vacation in order to provide a third 40-foot driveway into the commercial center maw occupied by K-Mart. Access rights were retained by the City between Arrow Route and Civic Center Drive at the time the first phase of development was approved with the an understanding that only two driveways would be allowed along this frontage to serve the integrated center. The new driveway was, however, approved by the Planning Commission on January 11, 1984, resulting in the necessity for this vacation request. RECOMMENDATION A resolution effecting the access rights vacation is attached for your approval. Respectfully submittep, Attachments ~yY c • °"=""`" REQUESTEb DRIVEWAY ! ` ' ~ ~/ °~ 'N f .fin ., i. ~ O JO OO M~ O ry i ~ o 0 ~ a ,p , ~~ ti~ a ~ ^ J1; OS , `' , V1 .• wi n :..a. ~ -nw ~ ~. __ EXISTING DRIVEWAYS ~\ A\I ~fy~vt~h\s''. ~' ~ ~ ~i \m UI le.; TY OF RAtiCHO C[;CA.~IONGA w /\\ P.h. ENGINEERING DIVISION VICINITY MAP page C. C / Is3.ag, ' ~ ~ iN ° In 1 m a a ~ PARCEL 3 ~ ~ I (1.501 AC. ) J i ~ c U 6 i ~TT.ag' Z ~ u Na9.49'%@ l ; Q ~ I N ~ ~ PARCEL 2 Z ~ 0 ~ la <t.oos Ac> W m g= W In I Q ~°~ z Z N p O 2 I 1 17T.50' N 89.17'12 .~ 3 c N O O 0 ~Z FO. IYa' I.P. rAC,aee 'ace. Id466' PiR P.M. 4GI7, RM.6. _~ hl m 'rte Y. K r- C L 1~v~E N. G' ~ti Col % i ~~ssz~ 3 of i''•, . .. ... ~: .:~ N ~ N N S PARCEL 4 3 (2.551 ACJ N d 6 8 8 O Z ue9•Irlrw 8 • PAfiCEL i ~ ARROW ROUTE ry ~ w. RESOWTION N0. 03-2tT1~R Y~r~7 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED 40 FEET OF VEHICLE ACCESS RIGHTS IN CONNECTION WITH PARCEL MAP 8250 WHEREAS, by Resolution No. 84-34 passed on February 15, 1984, the Council of the City of Rancho Cucamonga declared its intention to vacate 40 feet of vehicle access rights in connection with Parcel Map 8250 hereinafter more particularly described, and set the hour of 7:30 p.m. on March 21, 1984, in the Lions Park Community Center Building, located at 9161 Base line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation. 8E (T RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby finds all the evidence submitted that 40 feet o ve icle access rights in connection with Parcel Map 8250 is unnecessary for present or prospective public street purposes, and the City • Council hereby makes its order vacating that portion of said City street as shown on Map No. V-035 on file in the office of the Clerk of the City of Rancho Cucamonga, which has been further described in a legal destript ion which is attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION 2: The Clerk shall cause a certified copy of this resolution to be recorded in the office of the Coun[y Recorder of San Bernardino County, California. SECTION 3: The Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and De in force. PASSED, APPROVED, and ADOPTED this 21st day of March, 1984. AYES: NOES: ABSENT: ATTEST: Jon D. Mikels, Mayor Lauren M. Wasserman, ity C erk jaa /y7 E%HIBIT "A" Vacation of access control on Haven Avenue 40 feet wide across a portion of • the westerly boundary of Parcel 3 of Parcel Map No. 6617, as shown on a map recorded in Book 65 of Parcel Maps, Pages 61 and 62, in the Office of the Recorder of the County of San Bernardino, State of California, more particularly described as follows: Commencing at the centerline intersection of Arrow Route and Haven Avenue, as shown on the aforementioned Parcel Map No 6617; thence North 00 ° 10' 24" West along the centerline of Haven Avenue, a distance of 936.93 feet; thence North 89 ° 49' 36° East, a distance of 101.00 feet to a point on the Westerly boundary of said Parcel Map, this point Deing the centerline of the vacated access control 40 feet wide. • J /Y P I 1 U CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 21, 1984 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: ALTA LOMA CHANNEL ASSESSMENT DISTRICT 82-2 -o GUGMp'~ .1 x. °, ~ i ~I A r 1 19:: On March 9, 1984, bids were received on the Alta Loma Channel Project. The low bid was submitted by Socai Constructors at 52,384.302. This was an extremely competitive bid over E600,OO0 below the Engineer's Estimate and some 5400,000 lower than the next lowest bidder, Riverside Construction at E2, 820,434. On March 14, Socal withdrew its bid based on an error in their grading calculation. This withdrawal was timely and legal but makes finalization of the Engineer's Report for the March 21 meeting impossible. For this reason and to allow time to review pending litigation on the project, it is recommended that Council continue the public hearing to the June 6, 1984 Council meeting. Respectfully submitted, Attachment Sys ~IDGSO COPQS~paiCfOCS P.O. Box 5763 San Bernardino, CA 92412-5763 Phone (714) 7933048 Lic. No. A-429024 March L4, 1984 Ceuncv of San 8ernatdino Department of Transportation /'rlood Conc rol 825 East Third Street San Bernardino. California 9?415 Re: Assessment District 82-2 City of Rancho Cucamonga Gert lemen: Dr,.~...~~ . BAR 2,; }53A ';o TR;I:Sw"gRpa _ C.nfwa e.r„,r,; ;~:,~~ Fe have reviewed our proposal submit [ed !larch 9, 1984 and have found several errors in [he calculations of our bid. It is with great reluctance chat we reeves[ release from our proposal as covered under section 2-1.095 of the Standard Specifications. The amount of the error in the earthwork portion of [he proposal is $190,162.00,• Chis is an amount [hat would be difficult to overcome and would create a hardship for us. The major error was made in determining the haul awav of the materials by not including the return haul in our talc nations. In addition, the dump lees were not included even thcugh we had made notes of the amount. yina lly, ir. the excavation, the supervision (foreman) was left out and the [ruck Late used was off by eich[}• seven cents (50.87) per hour. In conclusion, Chis is a most difficult decision far us to make since we have never had a problem like Chis before, Fe feel is is most unlikely chat we can recap an error of this magnitude and we most respectfully request your consideration in this matter. k'hatever copies of our we rk sheets, Bubb ids, notes, etc., you require, we will of course provide promptly. Fe understand the County of San Bernard ino's position and we will comply with vaur deci5 ion. Very cr y vours,~ ~ • Christo er D. Dean + ro CITY OF RANCHO CUCA;KONGA ~cua~oll STAFF REPORT ~, DATE: March 21, 1984 is TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Gary Richards, Code Enforcement Officer SUBJECT: PROPOSED SLAUGHTERING ORDINANCE BACKGROUND: Numerous complaints have keen received by the Planning Division regarding the slaughtering of domestic animals such as dogs, cats, pigs, ponies, etc., on residentially zoned property. Staff has contacted several county departments to verify Lhe legality of such slaughtering. Ne were informed 6y the County Environmental Health Services that the slaughtering of animals on residentially zoned property is not prohibited as long as the meat of the slaughtered animal is not sold, that the bowels and blood of the animal are cleaned up and • removed from the property, and that the meat of the slaughtered animal is consumed by the individuals who Slaughtered it. Also, the animal must be owned by that individual. Betty Fryman of the Chaffey Humane Society was also contacted regarding this problem. She stated at this time the Humane Society does not have regulations which prohibit such slaughtering as ton4 as the animal is slaughtered in a humane way (i.e., throat cut or shot). Staff also contacted the Las Angeles Chapter of the Society for the Prevention of Cruelty to Animals (SPCA) for any possible laws or regulations that might be of assistance to the City. The SPCA informed us that all efforts at the state legislation to prohibit the slaughtering of domestic animals has been vetoed because of the cultural sensitivities involved. ANALYSIS: The attached ordinance, written by the City Attorney, would prohibit the slaughter of any cat or dog within the City. It would also make it unlawful for any person to slaughter any cattle, sheep, swine, goat, horse or mule unless such person holds, or is employed by a person who holds, a valid slaughtering license issued by the State of California. The ordinance would also prohibit the slaughter of such animals on residentially zoned property, since it makes it mandatary that the slaughtering take place at a location stated on the Slaughtering License. Since the City does not permit slaughtering and/or butchering 1S/ CITY COUNCIL STAFF REPORT Proposed Slaughtering Ordinance March 21, 1984 Page 2 u 6u si nesses within the residential zone, such a location cannot be noted on the license, thus making it unlawful within said zone. The ordinance would, however, allow the slaughtering of poultry and small animals such as chickens, turkeys, ducks, rabbits, etc., where such fowl or small animal is permitted by Code to be maintained, RECOMMENDATION: It is recommended that the City Council adopt the attach?d ordinance regulating the slaughtering of an imal5. Resp ctful ly s fitted, / ~_..__~ Rick ,GOm City/Planner RG:GR:,ir Attachment: Proposed Ordinance u / > '- v • ORDINANCE N0. f1?_2]..1128R- "Z ~" AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICI?AL CODE BY ADDING CHRPTER 6.08 THERETO TO REGULATE THE SLAUGHTERING OF ANIMALS. The City Council of the City of Rancho Cuc amgnga, California, does ordain as follows: SECTION 1: Title 6 of the Rancho Cucamonga Municipal Cade is hereby amended by adding Chap[er 6.08 thereto tq read as follows: Chapter 6.08 SLAUGHTERING OF ANIMALS Sections: 6.08.010 Slaughter-Defined. 6.08.020 Slaughtering of Oggs and Cats Prohibited. 6.08.030 Slaughter of Certain Other Domestic Animals. 6.08.010 Slaughter-Defined. "Slaughter" means kill and prepare for human consumption. • 6.08.02C Slaugh tering of Dogs and Cats Prohibited. It shall be unlawful for any person to slaughter any dog or cat. 6.08.030 Slau hterin of Certain Other Domestic Animals. It shall be un lawfu qr any person to s aug ter any catt e, sheep, swine, goat, horse or mule unless such person holds, or is employed by a person who holds, a valid license issued by the State of California or the United States, authorizing the slaughtering of animals and such slaughtering is done in a manner and at a place permitted by such license. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (16) days after its passage at least once in The Da i. 1,~ Report_, a newspaper of general circulation published in the City of Ontario, CaCalifornia and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 4th day of April, 1984, AYES: NOES: ABSENT: iS3 • ~•- vii, n.ravawn \J ~G~\IO STAFF REPORT ;~~,~,__ x" i -• ^..,,~ DATE: March 21, 1984 w rr, - T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Otto Kroutil, Associate Planner SUBJECT: FISCAL YEAR 1984-85 BLOCK GRANT APPLICATION ABSTRACT: Recent Federal legislation has added a number of new requirements to the process of applying for Community Oeve lopment Block Grant (CDBG) funds. Staff is requesting professional services Of an outside Black Grant specialist to assist the City in the preparation of the Fiscal Year 1984-88 Block Grant application to HUD. The consultant's fee of 57800 is fully reimbursable from the Block Grant award, estimated at $479,000 for the next fiscal year. Staff is recommending that the firm of Donald A. Cotton Associates 6e retained to assist the City with this upcoming year's application. BACKGROUND: In an effort to trim the size of the Federal deficit, attempts were made at the Federal Level [o eliminate or reduce the scope of Che program. However, that attempt ran into strong opposition in the Congress and compromise legislation was passed. This legislation, the Housing and Urban-Rural Recovery Act of 1983, resulted in the following actions: 1. The life of the CDBG program was extended for another three years, through fiscal year 1987-88. 2. The fu r.d ing for the CDBG program was extended for one more year, through fiscal 1984-85. 3. The administration of the program is being decentralized, with more control over the grant being given Co the states. 4. The regulations affecting the local love 1, cities, and counties, were tightened in a number of areas, to assure federal funds are spent in accordance with the original intent of the program, i.e., assistance to persons of low and moderate income. C'J EFFECT ON THE C[TV: What this new legislation means on our case is that On One hand the City has more freedom to chose the types Of projects to be funded; that is street improvements, community facilities, parks, economic development programs, etc. However, the City has less freedom in deciding which specific projects are to 6e funded because the definition of low and moderate benefit has been tightened. icy CITY COUNCIL STAFF REPORT Fiscal Year 1984-85 Block Grant Application March 21, 1984 Page 2 As a result, a substan"tial amount of time has been added to the application processing, and additional efforts are now required to justify projects which in the City's opinion meet the intent of the Block Grant program. Consequently, given current workloads the use of City staff to work out all the required details would be extremely time comsuming and difficult to meet the mandatory deadlines established by HUD. CONSULTANT SERVICES NEEOE D: Since the cost of professional assistance is ful y reimbur sob a out of our next year's Block Grant allocation of approximately 5419,000, we have invited proposals for the preparation of next fiscal year's Block Grant application. Of the proDOSals and inquiries received, the firm of Don a'.d A. Cotton Associates (DACA) appears best qualified and most cost effective. The firm has extensive experience in Block Grant preparation and administration, comes highly recommended 6y other public agencies receiving similar Services, and appears to have a good understanding of the City's needs. Under direction of the City DRCA will prepare the City'S application based on our work schedule and outline in the attached proDOSaI for a professional services fee not to exceed E7800. RECOMMENDATION: It is recommended retai- n twices of Donald A. preparing the City's Fiscal Year accordance with new HUD guidelines. that the City Council direct staff to Co t[on Associates for the purpos< of 1984-98 Block Grant aDPlication in Res ectful y s~ii mitted, Rick G m z Ci ay Planner RG:OK:jr ~ Attachment: DACA Proposal I'%' • u V~L~ Donald A. Cotton Associates • urban & environmental planning PLEASE RESPOND TO PASADENA OFFICE March 5, 1984 Mr. Rick Gomez Director of Community Deve lopmenC City of Rancho Cucamonga P. O. Boa 807 ~ ~~' Rancho Cucamonga, California 91730 RE: Preparation of CDBG Application Materials (FY 84) Dear Rick: I enjoyed meeting Sim Beetle and Otto Rroutil of your staff and discussing the City's CDBC program and she grant application work with them. Based on our discussion and a review of the FY 84 suDmi [cal, I have prepared the a[Cached proposal. I have defined the vork as clearly as possible, including • the concinge rc ies of a survey to establish proj ec[ eligibility and extensive environmental review of one or more projects. Our fee [o prepare [he grant a pplica[ion, S[a[eme nt of Community Objectives, Communi [y Oevelopme n[ Plan, and environmen[aL assessments would be $7,800. This does no[ include [he survey work or preps roc ion of an Environmen [al Impact Statement, should these be necessary. A lchough [he schedule which you have established is tight, i[ is no[ unreasonable. Based on our familiarity with [he De pe rtmenc of Housing and Urban Development (HDO), [he Community Development Block Gran[ regulations, the County of San Bernardino, and the data sources, we do no[ foresee any problems keeping [o the schedule. DACA is available [o begin work immediately and wiLL work closely with your staff on [his project [o ensure its suttee a. I look focus rd [o working with you and your staff again. If you have any q ues[ions about this proposal or our qua lif ica[ions, please feet Eree to call me or Tim Gauss. Since re Ly, / 12GGLQ- Laura Hudson Planner LH/kac eDR:Bl 1028N LAKE AVENUE•SUITE 207 •PASADENA, CALIFORNIA 91104 •121 3118 1 51 7 91 4 68 2 .12 1 31 6812 06 1 9147 CHESAPEAKE DRIVE • SAN DIEGO, CALIFORNIA 92123 •161 91 666-040 7 _L h Proposal to Prepare the 1984 Community Development Block Grant Application City of Rancho Cucamonga h 5, 1984 ;otton Associates ib Ar~nu~, SuIH tW . c~IIIOfM~ p110~ • I. INTRODUCTION Based on our conve read ono with City s[a EE and a review of the FY B3 CDBC submittal, we understand [hat the Cicy of Rancho Cucamonga ie seeking a consultant to prepare Che necessary plans, documen[atio n, and application forms for the FY 84 COBG submittal. The requested consultant services include: ° Assisca me preparing Che Needs Asseasmen[; ° Assembling the Communi [y Development Plan; ° Preparation of [he Statement of Community Obje [clue s; ° Comple [ion of all federal gran[ applica [ion Corms; ° Preparation and administration of all public notices and ad ve rt iseme n[s; ° Preparation or updating the environmental review record for each projec[. Our approach to [his project would be cu vork closely with HUD and City scoff [o ensure [hat each part of the application package is cleat end Complete ao that [here will be no delays oc problems vich completing the projects propo aed by the Cicy. DACA vili prepare records docume ncing dec iaiona end eeteblinh impieme nation end monitoring procedures which are Clear end easily ma in[ained by Ci[y staff. Our philosophy in [ha[ [he adminie[ra[iVe Costa of preparing the CDBG application package shoo ld be minimized eo Chat more funds are available Eor the successful operation of [nose projec to selected for funding. • In addition, we believe [het attention [o procedu rte and establish ing planning cons is cency ac the outset can reduce the vork and costs esamcia[ed with program Jpe ration, preps ration of mo nitorinq re pc res end preps re [ion of appl nation packages in au bsequent years. Our proposed scope of services inrorpo ra cos this approach. C ivn the short time Era me for completion nt the applica[io n, ve ezpec[ co vJrk closel,v vi[h Ci[y staff and to proceed vt[h several of the identified casks simultaneously. Ne you ld suggest chat 6iveekly progress reports or meetings be scheduled co ensure [ha[ the work pcoceeds smoothly. II. PROPOSED SCOPE OP NORR TASK 1: NEEDS ASSESSMENT Donald A. Cot con Assoc ie cos (DACA) will assist the City in the evaluation of projects and programs vh ich have been proposed for Block Grant funding. E valua non vcll be based Jn the legtsla[ we intent and eligibility criteria con[atned cn [he lau, and the ;oafs and Brio accts of the Community Dave lopment Plan. The product for this cask will be a completed sec of projec[ des[ ri pcion Eorms vi [h suppo r[wg da [a and a recommended priority ranking for Eunding. An init cal revtev of environme ntel impacts will be conducted a[ chic point in order [o perms[ coo rd ins [ion of public notices on funding priorities and environmental revtev, ) i 2 It is our and erscanding chat she City would tike [o fund certain capital • improvement projects (s[re et imp rovemen[s, park imp rovemz nt s) in areas which do not qualify as eligible low and mode ca [e income neighborlwoda based un available census data. The City's feeling is [hat the census data d~~ not reflect the actual situation, due [o the way [hat Che data are agg cegated. DACA will explore alternative data sources and ways of docume n[ing eligibility. Should [hoc Ea il, DACA would be available [o conduce a survey of households in [he area co determine program eligibility. A mail .survey with ce le phone follow-up would be most cos[ effective. If DACA fields the survey, i[ would cost approxi ma[ely $7.50 per household. Alternatively, a local service club might be willing [m perform [he survey. In [ha[ toss, DACd ww ld be available to prepare the survey lost rumen[, train the survey works rs, analyze the results, end develop publicity ma ce vials Eor 5850.00. The cost of such a survey has not been included in our pro Dosed fee. TASR 2: COMMUNITY DEVELOPMENT PLAN DACA will assist the City in the pre pa cat ion of [he Community Developme n[ Plan. We have assumed [hoc the City will cake [he lead in eatablishi ng goo le and priorities and that DACA will assemble the DLan Erom exia[ing City plans and informal ion available from SCAC. SCAC and HUD have developed formulas for updating and aggregating 1980 census info rmacton [o fit the need ca to goriea s pec~Eied in [he law and guidelines. They will perform [his service (for a fee) for encitl ems n[ jurisdictions. Pre paracion of [he plan will be • toor i~na led with the revision of the Cc q•'s Uou:;t ng Eleme nc vh ich is now undo r+a y. In add~eton, DACA will vo rk with NUD co ensure [hat the D1an complies not only with the taw but aLsu vi [ii evolving HUD reguiatione. TASR J: PRELI HI NARY STATEMENT OF COMMUNITY OBJECTIVES Based on the Needs Assessment ranking and the Common r[y De veloDment Plan, DACA will preps rr a preliminary Statement of Community 06 jecCives. A draft of [he preltmi ^.a ry Sta temenc of Commmuni[y Object wes will be reviewed with C~[y sta EE and their cumm~n[s inc orpora[ed be Eo re it is re cased Eor review by the public, interes cod tommun uy organtzatinns, and thr Cccy Council. A[ [his polo[ DACA vtll also propare a draft of [he Grant ADDlication package for informal review with HUD and City staff. DACA vtll he available to attend community grocp meetings [o discuss and receive input shout [he CDBC program, Che Drelimina ry Statement of Comm unity Objectcves, and prolec[s proposed for funding. TASR 4: PUBLIC HEARING In cooperation ei[h City staff, DACA vi ll prepare [he necessary legal notices of the public hearing which is scheduled Eur Apo l LA. DACA will enau re [hat the notices are published in Spa nosh anA in English at least ten days and prof erab Ly cvo weeks before the hea n ng. DACA utll prepare flyers announcing • the hearing for poaccng chrou ghoul the Cicy and mailing to into rested community groups as noon as possible, but no later then April 1, 1984. DACA will eetend the public hea n ng m answer yuesn ons and receive comments and su ggea[ions for change a. c • TASK 5: P[NAL STATEMENI OP COMMUNITY OBJECTIVES AND GRAN[ PAC[AGE Based on public input end [he direction of City Council, DgCA will f: nali ze the S eateme nt oE-Community Objectives and Cra nt Application package. If necessary, changes wi it he made [o respond [o informal comma n[s from HUD. C opiea of ch is package vilL be made available for public review prior [o submi ctel [o NUD. SASR 6: ENVIRONNLNTAL REVIEN DACA will eate6liah or update the Environmental Review Record for each project to comply vich HUD requirements. If necessary, DACA will r<c oimse nd program changes or es[ab Liah proc adores for each prog rem to comply with HUD guidelines and federal law vich respect to environmental procec[io n. Environmental review vcll occur ei mu lane ously vich Tasks 4 and 5 and during the required 70-day period for public review. Preliminary environmental esseasme nt for each project may (but is no[ ezpec[ed Co) reveal the need for preparation of an Environmental Impact Ste cement far one or sore projects. I£ so, DACA will define Che major issues and scope of work and will be available to perform the work, if desired by Che Ci[y. The cost of pre pa nng an Environmental Impau Sca[eme n[ ie not included in our proposed fee. TASR 7: CMNC APPLICATION FOR SUBMITTAL TO NUD DACA will assemble the final Gran[ Application package for submittal to HUD from the pcodurts of the previous tasks. The application will include: ° Standard Federal Assistance Form 424; ~~~ Pro7ecc Descn pion Forms for each projee t; ° the State me n[ of Community Objectives; N X1.1 ° Copies of [he public notices and certification chat they ve:e published; (%~ ALI required certifications and assurances; ? ° The Communtty De ve lopmenc Plan; and ° Scanda rd HUD Environmental Review Forms far each project. In addition, DgCA will prepare the pu 6l is Notice and Request for a Release of Funds, and ensure [h ac the notice is duly published and advertised so chat [he City can dray on its gran[ as soon as the application is approved 6y HUD. tASR 8: PROGRAM MANAGEMENT PROCEDURES DACA will work vich City sta Ef and con[rac a ng program operaco re to establish procedures far monicortng the <haraccerist tcs of program benef is iaciea and co mplie nce vich HUD envi ro nme oral and equal amp loyme n[ opportunity re gu lotions. A file ulll be created [o document these proc adores and DgCA vi lL work vich City staff to ensure that they unde ra tand and will follow [hem. DgCA staff has extensive ezpe rience in CDBG program impleme ntacion which will • be va lueble in this endeavor. [n addition, DgCA will 6e available for further program adminisera[ion, shoo ld the City so deei re. III. PERSONNEL AND EEPERIENCE O onald q. Cotton Associates (DACA) ie well qualtf ied [o prepare [he Ctty's CDBG applica cion, environmental docume nte[ion, and performance reports. Laura Hudson wou!d be the prolect manager for [his project. She has over ten vea:s of experience in housing and common icy development planning and prug ram ad minist ration. She has prepared CDBG and EDA grant app Lications, establish ed programs and adminiat ca[ive procedures, managed [he r¢lease of prug rem funds and accounted for expenditu rea and prepared annual performance re pore. She has also prepared the environmental assess mencs for a aide range of prug re ma. Ms. Hudson would be ass is led in this work 6y Tim Gauss. Tim previously worked Eor the County of San Bernardino in the section reaponsib le for preparing the Block Crant app licacion. He conducted needs aaaessment• and community meetings, prepared [he application forma, prepared end mei nteined the environ- mental review records far each project, and prepared the grantee performance re pores. Projects in Rancho Cucamonga ve re included in thin work. Ne i• femi liar with the City and the his co ry of ica Block Grant program. In addi- tion, OACA'a research and graphics staff would assist in [he preparation of • the Community Development Plan, Sta cement of Objectives, and environmental assessments. IV. SCHEDULE AND COSTS The CDBG application will be prepared in the eight [asks described above in the Scope of Mork. The comp le[ion of Tasks 7 and 8 wilt be rumple fed after all public comments art received and after the [ample cion of any necessary public hearings, pLthougA Che schedule esceblished by Ci[y 9teff is tight, i[ is not unreasonable. Based on our previouv experience, DACA does no[ anticipate any d~fticu lies meeting [he established dead li ne e. • COST EREARDOWR • A, ScefE Costs Task DACA Pe re onnel (Person-Hours) Cumulative Cost Hudson Geuse 1. N4eds Also ssme nc 4.0 4.0 2. Community Deve topaenc plan 8,0 16.0 3. Preliminary Sta cemenc of 4.0 8.0 Objective! 4. Public Review 6.0 --- 5. Final Scaceme r.c of Z.0 6.0 C ommunicy Objec [ive! 6. Enviro nmen[al Rev ixw 4.0 12.0 7. Gra nc ApplicaC ion 4.0 8.0 8. Mona ge me nc Procedures 8.0 6.0 Subcac al 40.0 60,0 54,900.00 8. Other Coscs 1. Word proc4ss~ng (40.0 hour!) $ 960.00 2. Craph ics (20.0 hours) 640.00 i. travel, phone, postage, ecc. 500.00 4. PYincing (screen, Draft and Final 800.00 S ca to me nt o7 Community 06ject ivea Em ironmencal Review, Application package) $ubtocal 52,900.00 ./~ TOTAL 57,800.00 5 /~+ Experience in Housing and Community Development end Program Management ~c~ The Firm Donald A'. Cotton Associates (DACA) provides urban and envtronn;ental planning services to public and private agenues. The firm was established in 1976 with the intent of maintaining a small organtzanon provtdmg quality services, The organtzaLOn is structured in a manner which minimizes overhead costs and, therefore, allows services co be provided for reasonable fees. The servt[es provided include the full range of plans and pro lect feasibility studies; grant applications and monitoring reports; enviror.mentai analyses, reports and statements; and client assistance in preparng applications and obtaining permits and funding. DACA provides compete housing and co~nmunrty development services including the preparation o[ general plan houstng elements, speaftc plans, housing program development, grant apphcanons, aria monttonng and ;mplementation services. The firm and its indw;dual staff members have completed plans and programs for a wide variety o[ local lunsdicvons and private Uients, examp:es of which are described below. Although many of these protects are suf fiuen[ly complete to fit into several categories, they may be generally broken down as: • HOi-SING ELE\tENTS, NEEDS ASSESS~UENTb, AND HOUSI9G 4 SSIST4NCE PLANS GRANT =,PPLICATIOVS 4ND GR,4VTS t1:\VAGE b1ENT REHABILITATION AND REVITALIZ4TIOK PLANS AVD PiiOGR A.\1 ISiPLE\tENTATION P R.?;ECT CEVELOP \1ENT PLA.\S 4SD )i ECIFIC PLANS E\VIROMIENTAL ASD SOCIO-flCJ NO \1IC IV1P:\CT ~\NAL YSE S, REPORTS, AND ST,ITE \tEN TS PROTECT PROCESSISG FJR RI!DEVEWP\1CNT ANU GR;\.VT FENDED PROJECTS. Clien: reverences Eor mdiv idual pro;ccti •. ill oe provided upon request. • • Housing Planning and Program Management GENERAL PLAN HOUSING ELEMENTS As a part of the updating and revision of Genera: Plans, DACA has prepared housing elements recently for several cues including Lake E lvnore and Santa Naria. HOL'SI\G NEEDS ASSESSMENT D.AC.A nay also provided clients with housing needs assessments more detailed than that required by state housing element law. In work done for the Campo, La Jolla and San Pasqual Indian Reservations, DACA developed detailed interior and exterior data sheets for each residential unit m order to establish the condition of thz housing stock and the family sire and characteristics. Housing needs were then projected (or each Tribe. This led to new housing units, financed through the All-Mission Indian Housing Authority being constructed on the Reservations. SPECIFIC PLANS • DACA has prepared speufic plans for residential developments to a number of clues to southern California. The plans include uevelopment standards, and land use plans, illustrations, and speufkauons for the development of single family and mule-family residences and community fauhues (schools, parks, bicycle lanes) as well as grad mg and drainage improvements, street improvements, and phasing programs. A mayor example of this work is [he Hillvde Residential Development Specific Pian for 519 acres (548 amts) m the San lose hills o[ eastern Las Angeles County. EwIRO,\~IE\TAL ASSESS NETS. REPORTS, '.\D ANALYSES DACA has worked with the City of Pasadena to prepare the env;ronmental assessments for a number of Community Development Block Grant programs m compliance wrtn both CEQA and HLD (VEPA) regulations. DACA has abo prepared EIRs and EISs for a variety of residential prolec[s, includ;rig apartments, condominiums, vngle-fame;y detached homes, federally subsidized housing projects, and mixed use (of rice, commercial, and res~denual developments). DACA staff ;s familiar wrth the regwrements o[ sate and federal housing programs and environmental unpact reviews. /LS In addition to these projects, Laura Hudson, who is the firm's specialist • in housing, community and economic development and reaevelopment, has the following experience: HOUSING ELE N1ENi PREPARATION .\t s. Hudson, DACA's Housing specialist, has prepared housing elements to meet the regmrements of state law for seven local jurisdictions (the County of San Diego and the Cities of EI Segundo, Fountain Valley, Hidden Hills, La Puente, San 1larcos, and South Pasadena) and assisted [he aces of Buena Park and Culver City in revising their existing housing elements [o satisfy Department of Housing and Community Development guidelines. She is [amihar with the sources and methods of analysis of housing data and rs sensr true to community concerns regarding houvng issues. HOUSING ELE\1ENT NEVIEW V1 s. Hudson worked under contract with the state Department of Housing and Community Development reviewing housing elements prepared by local lunsdretions in northern California for compliance with State law. She rs very famrhar with the requirements of state law and the process of arhrevmq state certification. GRANT APPLICATIONS AND GRANTS MANAGEN1ENi • V1 s. Hudson has assisted the County of San Diego and the Cities of La Palma. La Puente and Los Angeles m the preparation of Housing Assrstanre Plans, Overall Economic Development Plans, grant applications, environmental assessments, and performance monitoring reports. The work included identifying potential programs and costs, meeting with concerned cornmumty groups, grant application preparation, momtoncg expenditures, and evaluating performance. HOL'bING NEEDS ASSESSMENT SPECIAL STUDIES At times, a housing issue will arse which regmres more detaHed analysis than is typical of general plan housmq elements. ,Ms. Hudson nas prepared special studies on the issues of rental housing cost and availability (City of Poway and County of San Diego), [he impact of condominium conversions (County of San Orego) and the role of mobile homes m tnc housng market (County of San Drego). The purpose of these studies was to provide a data base (or policy deer stuns by elected ofhaal s. • ~' L • HOUSING REHABILITATION AND NEIG HBO RtiOOD REVITALIZATION While with the City of Los Angeles, ,Vts. Hudson selected neighborhoods for participation in the revdential revttaliza non program, prepared the program budgets, selected the non-profit agenaes to run [he programs and monitored then performance. PROTECT EVALUATION AND PER~VIIT PROCESSING VI s. Hudson has assrstetl Local jurisdictions to the selection of developers for subsidaed restdenual projects and commercial redevelopment prolects. She has aiso worked with developers in evaluating prolects, preparing applications, and secu nng approvals for such prolects from local governments. • i' 7 i.u• yr u.ra, varv ...~~.~..•..... ~... MEMORANDUM March 15, 1984 T0: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Reserve Funds ~`J ~,.,..,....,u~,C9 )V.~ s ~ ~~ ,s -.: 19_. You will note on this Wednesday's City Council agenda a Consent item :o transfer unappropriated reserves to the City Facilities Reserve and :o the Park Acquisition and Development Reserve Funds. The purpose of this memo is to hopefully answer any of your questions so that the matter can proceed as a Consent item with a minimum of discussion, and also to avoid the issue becoming a political issue during the campaign. Over the past several years, we have attempted whenever possible to bolster up the Park Acquisition and Development Fund as well as the City facilities Fund. We recognize, as does the Council, that both funds are much needed, particularly over the long range. In our proposal for Wednesday evening's meeting, we are recommending that an additional 5280,451 be appropriated to the Park Acquisition and Development Fund. This will bring the fund total to 5430,451 for park acquisi lion and development. It is significant to note that the park ievelopment fund will continue to grow as construction activity increases. That is not the case with Lhe City Facility Reserves. For that reason we are recommending that 5329,226 be added to the City Facilities Reserves. This will bring the total in that fund to 5904,226, In addition to the City facilities Reserve> we also have an active account which remains from the purchase of the City land several years aoo. There is slightly over 5100,000 in that account. We will be recommending that architectural services be paid from the capital reserve. In summa ry, we are making headway in our efforts to build a City Facilities Fund so that we can deal with our long-range needs for a city hall, sheriff's substation, and city yard. During the next fiscal year we will be proposing that $500,000 be included in the City overhead in order to further enhance the City Facilities Reserves. In addition, if revenues exceed expenditures as they sometimes do during good economic times, we will recom- mend that portions of funds available be appropriated to Park Acquisition and Development Fund and the City Facilities Fund. It is our view that within three years we will be in a very strong position financially, and we will be able to arrange far financing of our civic center. City Council Re: Reserve Funds March 15, 1984 Page 2 The second part of our recommendation is that when the $2 million which has been loaned by the City to the Redevelopment Agency is paid back to the City that those funds be appropriated evenly between the Park Acquisition and Development Fund and the City Facilities Fund. We are also recommending that effective this year any interest earned from any reserve funds be appropriated to the City Facilities Fund in order to help us build that Fund. If you have any questions about this issue, please contact us before the City Council meeting so that your questions will be answered. LtfiJ: 6aa ETI't1ANDA HISTORICAL SOCIETY P.0. Box 363 Etiwanda, California 91739 15 March 1994 City Council City of Rancho Cucamonga City Hall 9320 Base Line Road Rancho Cucamonga, CA 91701 Gentlemen: The Etiwanda Historical Society was formed as a nonprofit, public benefit corporation about one year ago. one of its ch ieE purposes is the preservation of historic structures. As you may be aware, the house in north Etiwanda, formerly owned by Captain Garcia and the Chaffey brothers, is an historic structure of great significance. It is also a 110 year old building which is on the verge of succumbing to the elements and in danger of even more abrupt means of destruction. The only way to save the house is to embark upon a restoration program. The Etiwa n,?a Historical Society wishes to take the initiative in doing so and has been raising funds on a small scale since before its incorporation. The Society has about 51,700 in the bank and a substantial inventory of historic. books and items of local significance for sale. The Society also has a dedicated group of volunteers who continue to make in-kind ~~. ,,,r rihutions to the furtherance of the preservation and restoration of the Chaffey-Garcia house. We believe that there are two major benefactors ready to make in-kind contributions to preserve and restore the house. We are seeking other major contributors. But we also have a very pressing problem. If this task is to be performed properly and in a manner of which we will be pco ud fur years to come, the foundations of the project must be well laid. If we do not start right, we will not finish well. We are therefore asking the City for help during the next three to five years. We do not have a specific monetary request and we are not seeking any fixed commitment. We do City Council 15 March 1984 Page 2 believe that the project will require $150,000 over the next five years and we hope to raise one-half of that Fran private $onation9. At this time our first request is that you begin to consider how we might fit into grant money allocations the next time they are before you for review. Our second request is that you make some statement of support for the project to the end that potential contributors can be comfortable with its v ;.abi ?.ity. Respectfully submitted, ETINANDA HISTORICAL SOCIETY by Ma a Meek enk s, S cretary .,.. ...~ ~~.;...,,..oNc MEMORANDUM ~., ~, ~;~9_1~ , Date: March 16, 1984 - t~ ~~ To: Bill Holley __ ~ ' _~. - - 19.] From: Harry Empey ` i~--~ Subject: Availability of Park Monies This meow is a brief summary of the activities of the Park Development Fund and other associated resources. This information is chru 1-31-84. Also, I took the liberty of removing zental income from the revenue picture as [his type of revenue is not discretionary. PARK DEVELOPMENT FLTID Beginning Balance as of 7-1.83 $806,233 Revenues chru 1-31-84 435,196 f.ess: Encumbrances 563,268 Expenditures chru 1-31-84 171786 (81,054) TOTAL RESOURCES 51,160,375 Council Approved Appropriations ft7-84 Heritage Bark Cucamonga Creek / Demens Arrow Bark Vineyard Park Church Sereet Park TOTAL APPROPRIATIONS $774,028 REVENUE TO BE APPROPRIATED 5386,347 Other Resources Reserves $150,000 (1) Park Bond 175,339 TOTAt. OTHER RESOURCES $325•_339 TOTAL AVAILARLE RESOURCES 5711,686 (U This amounc could increase to 5430,411 pending apn ro val of City Managers recommendation. Bill, if you have any questions, don't he si[ate to ask, (and I know you won't). Please keep me informed as to any changes. cc; Lauren Gusaraaa vu i va a~r,i,v uv vv~..-~rvvivun CY.-=.. q~ MEMORANDUM ;~'~'~~ , ~"~; - !~; '= ,; ~~_ DATE: March 21, 1§84 - ~~~ TD: City Council and City Manager rU FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Alta Loma Channel Construction Bids Attached is a letter from the County summarizing the recent bidding for the Alta Loma Channel project and the request of Socal Constructors to be released from their bid, The release request is based on a mistake in the bids and was performed in conformance with State Law. It is the County Counsel's advise that the bidder be released and the Flood Control District is requesting City concurrence. It is Staff's recomnendat ion that the release he authorized. RECOrMENDATION It is recommended that Council authorize the San Bernardino County hood Control District to release the low bidder for the Alta Loma Channel Construction project based on a clerical error in his bid. Notice of said action to be provided 6y the City Engineer. Respectfully submytt ed, LBH: ~aa Attachments DEPARTMENT OF TRANSPORTATIONI FLOOD CONTROLIAIRPORTS 825 East Third Street San Bernardino, CA 92415-0835 p741 383 1367 March 16, 1934 Mr. Lloyd Hubbs, P.E., City Engineer City of Rancho Cucamonga 9340 3aseline, Suite B Rancho Cucamonga, LA 91701 Reference: Asse ssicent District 32-2 lJO rk of Improvement "Alta Loma Stour Drain and Related 'io rk" Dear Lloyd; COUNTY OF 5AN BERNAROINO ,_, ,.k,J _ ENVIRONNEN7AL ' PUBLIC WORRS AGENCY The County Department of Transportation/Flood Control in accordance with Agreement ilo. 34-35, dated January 23, 1984, between the city of Rancho Cucamonga and the San Bernardino County Flond Contrnl District has performed the actions below and makes the following recormendations. On February 10 through February 14, the project was advertised in the San Bernardino Sun for five consecutive days, in compliance with the Flood Control Act. It is understood that the City advertised concurrently in the local newspaper. Asa result, over forty (40)sets of plans, specifications, and bid documents were purchased by various prime and subcontractors, materials men and suppliers. At 10;0o a. m. on March 9, 1984, the bids were opened. There were six bidders. Their totals and the Engineer's Estimate are tabulated below. All of Lhe bidders have done work for the District, County, or other agencies, are reputable and capable of performing acceptable work of improvement. Alternate "A" Alternate "B" K.E.C. Company $2,849,693 52,421,672 Riverside Construction (2) Alt, A 2,820,434 2,433,814 Difference 18.5 (436,132) Socal Constructors (1) 2,384,302 1,978,572 Bonadiman-G1cCain (2) Alt. B 2,873,026 7_,403,783.50 Difference 21.5 '~ (425,211,50) Kasler Corp. 2,954,360 2,591 ,90D E. L. Yeager Construction 3,168,670 2,749,080 Mr. Lloyd Hubbs, P.E., City Engineer Page 2 Ma rcii 16, 1934 Aite rn ate "A" Al terra to "8" Engineer's [sti rate 53,3"s3,400 52,310,400 Differential/Range between (133,?26) (188,117) 2nd and 5th Place Bidders In reviewing the bids, (cony attached) it is apparent that there is a 5436,132 difference between the low and second bidders in Alternate A and a 5425,211.50 difference between the low and second bidders in Alternate B. Bidders 2, 3, 4 and 5 are all "tightly" grouped within differential range of 5133,926 and 5133,117 for Alternates A and B, respectively. The cash differe r.ce "left on the koard" by the low bidder, Socal Constructors, amo-~m is to 13.3~~ and 21,5": for Alternates A and B, respecti vela. A compar- ative perusal of the individual bid item costs indicates that ±he costs are reasonably close and comoetitive, except Earthwork, Items .Jo. 6, 7, and B. These items total 134,000 cubic yards at a unit price of 51.60 per yard for the low bidder, with unit prices varying in the 52.50 to 54 range for the other bidders and the Engineer's Estimate. Rn extension of the difference between 51.60 and 52,50 to 54, say 51.50 tires 134,000 indicates an approximate 5200,000 error or mistake in bidding. lJe nave received a letter (copy attached) dated March 14, 1384, from Mr, Christopher Dean of So ral Constru c*.o rs, the low bidder, They request that tl~ey be released from their proposal, as stated in Section 2-1.095 "Relief of Bidders" of the project Standard Specifications. Review of Section 2-1.095 and the State law referenced therein (copy attached) does permit the contractor to make this request. In discussing Socal's request with Mr. Charles Duerbeck, Deputy County Counsel, advice is given that the request is timely; however, if the City or District would take the contractor to court, the Oistri ct/City would have to pick up the court costs. It is our recommendation to accept the contractor's letter stating Lhat there is a "mistake" in his hid due to a clerical error by not adding all the costs in to the bid items mentioned and relieving him of his bid and further recommend that his bidder's bond be returned. We have Contacted Mr. Gordon Lounsbury of Riverside Construction and Idr. Willian Bonadiman second low kidders far Alternatives A and B, respec- tively, who both advised that their bid documents are firm and Would like to perfa rm the work of improvenent de vending on selection of Alternate A or B. lJe would appreciate your concurrence in the recommendation to accept the low bidder's request for relief, return the low bidder's bond and make a selection of Alternate A or B. Mr. Lloyd Hubbs, P.E., City Engineer Page 3 March 16, 1934 If you concur in these recommendations, we would appreciate, in accordance with the referenced agreement, that a deposit be made in the amount of the alternative selected, plus an additional 10-~ for project contingencies and 5250,000 for contract administration. This would amount to (52,820,434 x 1.1 + 5250,000) 53,352,477.40 for Alternate A and (52,403,783 x 1.1 + 5250,000) 52,894,1fi1.30 for Alternate 6. As noted in the agreement, all contract change orders are to be aporoved by the City Engineer in addition to the District. As you are aware, this is a drainage project, and the construction period is scheduled for one hundred and eighty (180) work days. Bost drainage projects are constructed to remedy a local drainage problem, and hence this work will be very vulnerable to rain, storm, and flood damage. As such, it is suggested that recommendations for this award be made promptly to allow as much work as oos si ble to be completed prior to the storm season next fall. In summary, we would appreciate your concurrence with the contractor's request to he relieved of the low bid, the return of his bond, the selection of either Alternate A or 6, and deposit of the appropriate monies, t,'hen these items are satisfied, we will recommend to the District's board of Supervisors that the contract be awarded and for construction to proceed. Should you have any questions, do riot hesitate to contact the undersigned at (714) 383-1867. Very tru ly yo 5„%~ r], ( / E LE4JIS S. NE EB, P, E., Chief Contrzcts/Inspection LSiJ:dr Enc: As noted cc: C. Dean G. Lounsbu ry lJ. Bonadiman PUELIC CO\TRACT CODE 5 1000 .IC CO\TRACT COD(: • j IlmonN ~mr ~~pnlronibiy or dcr¢r, vm I Drnnpun: Goa.C. lamxr ! 1411). adJN by SuLL I L0 a ~. 1945. c I Is, o. 300. 5 I. I E l01:o n •al. 103W n xy. 4 10181. Return of bidden security nrned hf disMct dir¢tnr The bidden.'sccurity o! the serand and thiM Inwrst responsihle bidJcrs may le wrchi:e:d until the contact ha teen finally eaecutcd. The cash, msmer'a checks and cenifinl chedz woait4d by all '. the sealed bide and awanl other umuttess(ul bidden shall be returned to them within 10 davs ;dter thu contract is ax'ardtd, and their bidden' bonds shall G; of no (uriher e!(ect. :01:1, he shall rei•~r: th•. L4dded by 5tatx198~ a 300, 4 2) '. lie awanled u are nL".•~; Hivorial pore I~bvy Relrrt„m Denmwm CNlC. lorm<r E HiJi, aJJN by Svu. Smm e99. 1943.e 116, p. 300, § 1. CJ.S.Sums E§ IW in 16]. 4 IOI%. Rejection of aR hide ~i6~~ It tha director deems the acceptance of the Iowcst re ponsib;e hid or bide iv not for the best inkrmb of the sla4. he may reject all bids and proceed by day's labor or azu'erti¢e fur other bids in the manner reyuircd by this part (Added by Stata.1981, a 306, 4 2) 'v shall bt for(eitad b the 'e expen<es of prenamnnr. Hlnarid pMe .gilan of notice are' pani. D<rhaum: (:ov.C. lomxf E IpD, addM by 3... IAt3, c I lfi, n. 300. § I. .,,~, d Wdciud rornno, ss AP.TICLE 6. RELIEF OF BIDDERS . 1016; Sec. 10200. Mistake: action for remverv of amount forfeited. ]02111. Limitation. p; 10202. Raeia o! remr¢q~. ]0208. Claim. 10204. Prohibition against further bidding on protect mrc of eeeuri tY 10205. ?reference b actions under thu article. '^ rcfuval nr failure of the Article 6 wu added Dy Stars./A4/. e. .705, § 2 •rortsible nrdder. ontracl, the dmuctn( may Cmv R<Irre,xe¢ FOdenarc of uNri1Y, sa §$ 10181. 10192 Bids snJ brJden ¢ee § IOIbU n sq. 5«uniy of niddn. sh § 1016]. .untract is so ax:miM, tO § 10200. :Ilumke; action far recmary of amount forfeited A bidder shall not be reheveJ of the bid nor ehall an)' change b¢ made in IDc bid because of mutake, but the bidder mar DrinR an azbon aeainst the depanment in a mart of competent jurisdiction in the county in whicA the Dids were opened far the lemvery of the amount forfeited, without interest or .n of Iorimal smcnn. ¢« cosh. If the plaintiff fails a recover JuABmrent the plaintiff shall pay all ewta incurred by lbe 10162 department in the suit, mduding a reasonable atmrneyb fee W be fizrd by the court (Added by Swu.1981, c 306, § 2 Am¢nJed by Stats.I982, c 517, §348.3,) Legislatiee Committee Comment~SeNle 1982 Amendment Sawn 10100 a ¢rncnd¢d io d¢In< du con toad vM 931. N¢ <mt poM pmisiom of N< GIOOrrw Tan pronsion. llus pmnwon Gd nut mat Ib<ewdtunovl Cwms Act Sa Rmnm,renJVion R<laws to 5¢unpp i. ~ lax', within the lrmr ) sWdards mwnates m BGIaIfOY r. Buttner Gaun. 11 for (bLL I¢ ed.LRevuim Camin'n Reports l19 119P8J The diner ¢lunpa m Section 103110 ve le¢luu• »nin. et. . CaI.1J Ws. 313 Y.W ]11. 131 GIRO+.38189)31. whidr ~ 116 CaLLRSV.tamrt.R<poru 301; 1983 3]. hele wmvmouovl covcmmmi We Sauom 9¢] II1]0). f~ 10200 Pl'ItLIC COSTP.ACT CODE I Wwodil sae Bona w ualmakvu p•n Morc lan I. 1951 :n :e,wn,n dlm navnmr>nwv r~ or aMJlJmml n. Sut~196L 9i of al or Dan el sWUle a:N la. Pmernna Jie M,uf or wlmaam: Ir I.e mnnn,wl :n d;n-. see :w¢ wtler gvs 6 Mo:,C ? I:dd. rlm..noo: rn,..c' torm., t lu!o. ax:d FI sea i9i!, c 116. R S;A.: I. 4hw Rderme. Suin a=96. ('J S Sma i; IM m 161. § IObI. LimiLLtiov, T'ne mmoialnt shzl be llai, and summon urvai on the director of tF.c donan.ment nr the chhd r( tF.c :i:rn:oa vndrr w$:ch thr cork is W M: 1~erfulm.ri. or an xpcearxn<v made. within v0 dars after [he ptcnmg of t.^,e hid: othennse, the aztmn shall It• nsmlaed. IAddM by Str...1981, c 30,, § _) Ibwodul nae I W <. c ^r. r. !01. `. I. vxndN F+ Suea I9f'. c 19!1 Ilmntloo: (:owC. lama j Iii! I. a61N M Sut~ n. aN2 $ d'e. , ` § 1020'. Baeie of rero•eq + The bidder shall establuh to tl:e satufaclion of the court that: ' (a) A mistake wa made. ~ ,. 167 He Rare the department writ4n vot:ce xithin (lee days a(n~r the opening of the buts o! the mistake, apecfyinR in the noes in demll how the mistake oceurtni. (c) The mistake made the bid vut¢rially different than he inlanded it to be. (d) The mistake wa+made in ^IiinR out the bid and not due to ertor in jvdRment or to carelesneaa in inspecUVg the site of t'ne wrork, or in wading the plan or spttiLnUOV. (Added bl~ bmta.t981, a 306, § 2) 1bAwiol a:a< IdbrarY RNereuw• IMri•aean: C v.C loom 4 IAR dJet iry Sufi Suta e98. Iw!. c 116, p !et, 4 1. CJ.S Sma 44 IM b 161. 4 10201 Claim Ocher Ihan the notice b the department, no claim is requiml la be fihrf before bringing the attion. (AddM by Statv1981, a 3P8, § 21 Hinorw.l tae panraom: Gov.C, lower 4 11!51. utld FY 5uu IW!. c Ile. p. !ol, § t. § 10201. Prohibi4on atainst further bidding on projttt A bidder who elaimt a mi.tnke or who far(elb his bid nernrity shall he pmhihited fmm participating in fanner bldmnR oe the pro)ect on a~bich the mistake waz daimd or security forfeilad. UddM by' Stata 1981, c 30u, 4 2) Nilodml nae Omntion: (mv,G lawn 4 Id)H. r6fed 1'Y Suty ICII. c 1!61, D. )IT. § 1. § 10201. 14efertnce to aotivne under this article In ail u4ons niuvRhe under the proviamns of thla anmle, ail ware xhercin such a<tiona arc or map hereafLLr is rcnd~ng. shall Rice such acUane pieiemnce nrer all other civil aeons therein, In lho mnttcr of setting tnv vme for heannR or tnal, and in hearing the sawn, to the end that all such aztinns s6a11 ire quickly hrartl and determined. (AddM b!~ 3tak.i9; 1, a 3d(i. 6 8) 13 C'OSTRACT ('116:: Ic)10, aJJ<J h. 4 t. PCBLI(' ('OSTRACT CUUI; $ 10.21 Ibnorini Sole Denunon' ring:. lorma : . . a+Wrv1 F. bro. AEA:cLe r. co.rr.ArT aepclr.EVI:>:T: nanme,^.t or the r'^. ~ !' . uithln 90 dace ai or :•._ en4d Fv 6ra:i 19!'. c ro`2. e:ning of the hid:; n! ti.: I~ ,.anent or to rareiex<nuv .om hrinµanR tl'.e action :hlmi (tom RarticiPapnR my forfeilad. ,`+[C. 1G~. f':mim. hp appn d:army: e. r~urrc.^.t on ron;rar'.: fiiirl; mrt:pm: r .. mr.vte t r'I ,. i'.~y'man!, ono per.'o: manrc lands: nfrnrvul 1 C.'..L3. Ro',uwns n; pa?'mest M,r.J. s 1G'~. Prn mass of P!:r':mmancr Irond. 1^''-i Fu..^.her iwnda nr aA,ilt~.n:::n ueunq'. 1C'.6. ilmc for mmplcbnn rf xnr'..: fodcnury i~'r ~i'~'a•.: i:'; v:dptrA rasmaca; bonus for mmplution poor to speatten tlme. 1C_'2:. Chances in Plans ane sf ~cl.<+cltions. 10"x" m 10'110. {kpcalvd 309..3' 1. lpmpi:ance wash a~~r rv~i~ut:nn control rvies, rci buiens, nnLnances and sta!utes 1C2u^_. Cpntractori sx'orr. sa:umenC laipr mmhnnP hlAOq: rnsrus:nn of enntrac; jSe:aj, Artlce : u~u added hr aat..1331, c. 3nr, § 2 . Cns< Relerena< Bi J` anJ MJJ<rv we: 101(! [I •ep AwuJ pf mnvacu. as S 10150 n a<p~ U~slihml+nc Kd^muncc, nmmen6, stt 5 1080 <r sw. § 10220. Finding by appropriate attorney: endproement on mntncl: filing certified copy Ereq' eontraet awards: under this part shat! be .mhmitted to the .4ttornoy General or the attorney appointee attordmR to iaw and autnonud to represen[ the department under x'mrh d is to he performed. Such a ennmct 1$ opt binding nn the state unt1l the avpmunate attorney Gmis M1 to hp ir, amordance with the regmrements of this chaPlee and endor.es wch OndlnR tl:aann, A certified mpr of each contract shall be filed with the Controller, but the failure sn to P. \'rlxa not invalidate it. (Added hp Stata.1981, c. 306. § 2.) liinori<al Sete Libras Relrtrrrrn Denvdan: Gov,C. fanny F 14?'0. PJ1<J F. Sun Butv1 u99 19a!.e.IIF. p.!01.l LamenJCA F`SUn 19!S. c.JW,p G1.5. Surer; I!9 %9. § I: Slau,l9y', c 1911. R ?N?• S iP. § 10221. Pa}'meni and per(prmsnce bonds: approval Even' contact shall provide (or the filing r.! separate performance and payment Ismde by the cOnha<tor in the farm of Iamb earcuted by an arimLLted surety insurer anJ rot defwslts in bcu of bond, subject to the approval of the department. (Added Lq Suts.198 t, c 306, 4 2. Amended by Stats.t93?. e. SI.. 4 3Li4.1 Legislative Committee Cnmmenl lemte 198Y Amendment Smwn 10221 is amended la li.rn J:c arpllnuon nl nl Mm11. IIb GLL.Ro.Comm.Repom !01: 1981 5J. UJ<o( CI<[I kpvniure 5e4pn 99~'101J<rro<II m lieu 111'01. iliaodnl btr Drrir•don: Gnv C. looney c IJS'I, aJAW 61 Sus such aetto09 are nr ma} BanJ or andemk:n4 pvm hdrre tan I. 19.1 Ie 191, e I IP, r. 501. § I. urlendrJ F? Suls.19!*, c. 19?3 :4'IION IIII'n'In. ItI lI1C ne1141 nnI V.IlntwJlnP r<(KII nr N+enJ(Mnt F) p'a4a1.§6'P'. lta1c19'I, c. <yy, t,, 1.", I,§l]. w the end lhM all >rrh 5ots~l9i1 c, fl" of all or ran nl slam:e, anJ law (maa Xrlerenna Poummp the MnJ or unJenaFinP to h nnenua In BpnJ anJ UanraakrnP faw, sin CMC of Gel Rux ' <I(cn. sa hors order Bm. & hoLC, 131,1, mrc ; 915.010 el vq. ... f 9 Socal ~®n~tructors P.O. Box 5763 San Bernardino, CA 92412-5763 Phone (714) 793.3048 Lic. No. A-429024 )!arch 1v, 193: ^w\~~'~t( s, Or., r = IkAR 19 .1934 ';o _;~Conrmns Divue~a .. ,\V~ Co.,:nt•: n.` Sar, '6o rnn rdina Deoat•Cren[ r. :r.utsprrtnC ien!~lced Cont rcl San 9ernn rc!ino. Cal iiorn ir. n_};j Ae: :lssess".cat Dis[r ict 82-^_ City ~'. ..an chc f.uc acon~.a Ger.[lo.^en: ..o I~~;n•a reviewed our pmans-.1 submit eed aarch 9, i9°i• and hate found several errors in the cal cul a[ions ai cur bid. is with :;rant rel uc eance that we requast release froc. ot:r proposal as eoce red unr.ec secci~~n 2-1 .09:i of the Stands rd Spee if icn[ians. Tim ar:ount of [he error in the earthwork Portion :': the proposal is 5150,162.00, f:•~i:: is an nnonnt [hoe would ''.;a difficult Cn overcoa.e ncd would create a hardship for ns. the .major error was made in deterr.,inin~ the haul assay of the c.aterials by not inriud in^ the return haul in ocr calcuat ions. In addition, ci'.e dump fees were not included even Chou,ch we had made notes of Cho nmaunC. Finally, in the escavat ion, [he supen•ision (forenan) s:ns left out and the truck rote used was off by eighty seven cents ($0.8i) per hour. In conclusion, this is a nos[ dif firult decision for us to make Since we have never had a problem like [his be to re. lJe feel i[ is reest unl ike Ly that we can recap an error of this macnicude and we most respectfully reruest vnur ceps iderat ion in this matter. bM1saC OV er copir: cf our sror}: sheets, subbids, notes, etc., yms require, we will of cmirse prnvis'o pro^ot iv. ke ande rstand tho clnunce ,: $an 6e.rnnrd ino's pcs is ion and we will comply with your dec isl on. Vary tr y yours~~ l^"~'^ i Christo er D. Dean SFCTIC)\2 PHOI'ba\I. RG.QCIPF.VE\Tti .\\U CU\Ull'10\\ 3~L09.i Belief of ftiddcrs.-:\Itention is duected to the provisions of Govemment Code Sections li3.iU to L4J55, irclusn'e, i8ttte Contract Acl coneenunc relief of bidders and in parncuhtr to the n•quirement therein. that if the bidder clmmt a mistake u:is made iil his bid, thv bidder shall gae the Uepartment a'ntten notice aathin 3 days' after the npeninn, of [hr bias of the allo¢ed mistake, specifcin¢ in the notice in detail hots the mistake occurred. 34.10 Disqualification o(~Nidders-\lore lhan'nne proposal from nn uuin'idu:d. (inn, partnership, corporation, er combination thereof under the same or different names twill not be considered. Hrusonable grounds for 6eiu•s m¢ that any individuate firm, partnership, corportlinn or combi~ artion thereof is interested in more than one propos:d for the work con IrmpLded may' c;mse the rejection of all proposals in which such indvidual. firm, p;rtnership, corpporation or combin:uiun thrrcof is intcr- estrd If there is reason for bclirvu:fs that collmion esists amon¢ the bidders :my or all propos:ds map be rriected. Proposah in which the prices ohcunts:y are unb',Jwreed ma}' he rejected. 3d.10.i Prn'ious Uisqualification. Removal or Other Prevention of Bitldin¢.-Punuunl to Section Iii1Q6 of the Government Code the bid- der shall complete, under penalh~ of periun', the questionnaire in the Proposal relating to precious disqunlifieation, removed or other prevention of bidding of the bidder, or officers or employees of the bidder because of violation of Iaw or a safety re¢ulation. A bid m;ry be rejected on the basis oP a bidder, any officer of such bidder, or anq employee of such bidder w'ho has a proprietary' interest in such bidder. hurinF been disqualified. removed, or otherwise prevented from htddin¢ oo, or completing a feder;d, state, or local project beenwe of u ctoLdion of laa' or a sufct1' re¢ulation. 21.11 Competency of Bidders.-r\ttention is directed to Section 7 1 0111, "Contractor's Licensin¢ Laws." and the requirements of Iaw re~ fCrred to therein relating to the licensin¢ of Contractors. In accordance with the provisions of the State Contr:m[ AcL prospective b¢lders on contrxch, the estimated cost of which exceeds SLil1,lNA), must tilt with the Department answers In questions contained in a st:mdard fn:m of questionnaire and financial statement which includes a complctr statement of their financial abiliq' and exprnenn• in performin¢ public tvorkt. Standard forms o(such questionnaire and hnwuial slatcmenr mxp br obtained from the Ucp;vtment of Transportation, I I3(1 \ Sheet, Sacra memo. (:ali(ornia 46H14. Prospective bidders will not be furnished pro pos,l forms for contracts, the rstunated cost of which is more than 8150.IXq. unlrxs said bidders hate submitted such queslionnairn and Gnaw vial statements (or prcqu'alification at least 3 days prior to the date filed for publicly opening seelyd bids, and have been prequalificd for xt Icatt one dog prior to said date. Prospective bidders on contrtets, the extitnatrd cost of which is no[ more than SLi0.CN10, um not rcquved to be prequalificd and need not conform to the regtdremen[s cor prrquulification. If 3 or more prosprctitc bidders desire to bid jointly xs a joint venture nn a sm¢Ic Pm)cct, thry' must file an af(idis'it of joint renhtn• tci[h [hc Drpartnunt in the form approved by the peparGnont. and such affidat it of jinni vrntum trill b.• valid only for the spretfic FFxojret for which it i> hied. I f vich n(fid;n'it of mint t onture i~ not filed as of nresaid :uul appmeed (1J1 Date: Match 19, 1984 CITY OF RANCHO CtiCA.'~IONGA MEMORANDUM To: City Council and City Namgcr ~ ~~ From: Bill Holley, Director, Community Services ^epartme nt Subject: Play ground Improvements at Alta Loma and Lions Park Agenda Item 7-A, March 21, 1984 O G~G°"HO,yL~ ~`2: } 9 x' ~ -~ _ t~~ r ~~ ~'~> 19i; Councilman Frost has asked that information De provided to Council for the above referenced subject. The two referenced playgrounds are minimal in nature, each consisting of a community donated equipment. Currently each site has one major climber piece (a Bulldozer at Alta Loma, and a Fize Engine at Lions 1, two tree climbers, and three spring rocking animals. Each site is defined 6y concrete curbing with installed bench. Plans for future parka, Bear Gulch, Church, and Hetitage call for much more innovative and extensive play ground areas. To upgrade each Alta Loma and Lion playgrounds, a maximum of $15,000 per playground could be allotted. This would include not only the purchase, shipping and ins to llation of the new playground equipment, but alteration of portions of exia ti ng curbing, additional si li ea sand, and ad dl ti anal bench seating. It is worth repeating that the figure of 515,000 is a ma xl mum...in all like lyhood it would be lees at each site. To give Council some idea of what generally is envisioned for our future playgrounds, we have attached save ral catalogue samples depleting va ri ons major playground anchor items. we would request however, thae these be considered only as 'informational' and Nat no item 6e specifically selected as part of possible Council action, as these are only a few of the vast array available. Staff Recomme nda tlon: No recommendation. Landscape Structures Inc. i~ 0 29ta Actual size 16'7" (~95on) x iT5' (alhm) 29er Actual size 16'10' (513nn) x lB'3' (B61an) Area required 18'(851cm) x M'(1,119cm1 a{ 1 ,,a a 4~ A rtfiLmf saPory fw/ace n rccommendcd undo and around oll ploy epmpmem. 15 PlayStructures D 17ca Attual size 9_Z,(SWcml x 714" (601cm~ 17er Attual size 19' 10' (6a5cm(x ll']" 019<ml Area required 11'(9]Scm~ R 1n'(1,036cm( n mnimt :ten surio~. r ,momm~~a~d ~~ae, aye am~M mi oiw eW~omeoc model ~ t 10' Slide \ Tire Swing Turning Bar Fire Pole Chain Net Climber Safety Rail at Swing Actual size: 24'x18' I6-112 x 4-116 meters) Area inquired: 36'x29' lex? metersl 0'(6~ in~fa.llcc{ S~ eieaco ~ b L Q This is the smallest design that qualifies as a PLAYBOOSTERS structure. It holds 8 to 12 children, depending on age -the alder they are, the fewer are accomodated, It is recommended for sites where space is limited and play requirements modest. This design has the cdmplexity that active imaginations Aa above, with: ~ , and growing bodies require. Not much larger than the t7aniater Slide ~/~J unit above yet it will handle up to sixteen kids with ease. Panel with Bubble I~~lie~ PlayStructur~s .~ 1 Sea Actual size 19'5" (591cm1 x 11'5" (6B6cm1 Ser Actual size 19'9' (602an1 K 1J'1" (704cmr Area required Sl' (97Scmf a N' Q.Ol6cm1 P 7~ ~ IhS'~.(~e~ v A rextlrcnt orrery mr/oce ¢ recommended antler aid around atl OfcY ewmmmt ~~~ ~r ~S Landscape Structures Inc. size '8" 1579<m1 size '9' 1531:m) i 191Acm1 F~~ (n -10 ~.~5 14ar Actual size i x 16'6' (SOJcm) 14aa ttual size Scml x 16'I" (A91cml Area required 7B' IBSkmI x 70' (9NCm1 1 n ~~ ~ NAw~ rl'~Lfr wr(ace t recommended under and arau~d all play epwOmen[ ~_F ~ is 5 DATE: March 2l, 1984 MEMORANDUM T0: City Council FROM: Lauren M. Wasserman City Manager U SD BSBCT: Business LSCense Waiver of Penalties 2 ~ ~v NC9 s" 1~~~~~~0- ~P ~ ~ III i hy{{KXryy~~~',% 19i--- Mr. Steve Wheatley of Steven Daniels Commercial Brokerage has requested that the Ci[y waive the penalty portion of business license fees. Mr. Wheatley in- dicated that earlier this year he requested by phone that the City send a busi- ness License application. Apparently Mr. Wheatley did not receive [he applica- tion and no further action was taken on his part. In March of this year, the City staff while handling other field enforcement matters, no ced chat the Commercial Brokerage did not possess a business license [a operate in our community. The staff [hen sent [he proper forms to the firm. W1[h in three days we received payment with the exception of penalties. if the City Council feels that the circumstances regarding the original request for the appLlca[ton are extenuating, your approval of this Consent item will result in the waiver of business license penalties Eor this Eirm. A waiver of the penalties should be approved by the Council, not the staff, in this instance. LMW:haa March 7, 1984 CITY OF RANCHO CUC.4MONCA CITY COUNCIL MI NL'TES Regular Meetlnq i_ CALL TO ORDER A regular meeting of the Ci[y Council of Che City of Rancho Cucamonga me[ on Wednesday, March 7, 1984, in [he Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:40 p.m. by Mayor Jon D. Mikels. Present: Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Prost, and Hayor Son D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Co®unity Development Director, Jack Lam; City Planner, Rick Gomez; City Eng ineez, Lloyd Hubbs; Finance Director, Harry Empey; and Community Ser- vices Director, Bill Holley. Girl Scouts Erom Troop 1083 under the leadership of Pat Morrison Led in the Pledge Co the Fiag. Mayor Mikels made a Presentation of a Proclamation to [he Cirl Scouts in recognition of Che 72nd anniversary of its founding. Approval of Minutes: MOTION: Moved by Schlosser, seconded by Dahl co approve [he minutes of December 7, 1983, December 21, 1983, and January 18, 1984. Mo- tion carried unanimously 5-0. 2. ANNOUNCEMENTS/PRESENTATIONS 2A. Wednesday, March 14, 1984, 7:00 p.m. - PLANNI7G COMMISSION MEF.TINC, Lions Park Community Center. 2B. Thursday, March 15, 1984, 7:15 p.m. - PARK ADVISORY COIDdITTEF„ Lions Park Community fe nter. 2C. Thu rsdny, March 22, 1984, 7:30 p.m. - ADVISORY COMMISSION, Lions Park Com- munity Center. 2D. Presen[at ion of Proclamation to Pomona Valley Community Concert Assoc Sa[ton in recognition of the high quality concert seasons they have brought to this area. 2 F.. Presen[at ton recognizing Thomas G. Wickum for dedicated service and leader- ship as Commander of Rancho Cucamonga Sheriff's Suba [ation. 2F. Mayor Mikels end Councilman Dahl presented a report from the National League of Cites meeting held in Washington DC, March 2-6. 7.f,. Councilmen Auquec and Frost presented reports from [heir pa rc icipation in the League of Cal ifocnia Cit tes March on the Capitol. 2H. Mayor Mikels reported that Sanbag approved the Trans portaeatton Improvement Program (TIP) which tnc laded the I-15/30 interchange; [he Route 66/I-l5 tote [change; wi.d ening of Route 30 from I-l0 north; monies to protect land to the Foo[h ill freeway corridor. 2H. Mr. Wasserman to traduced Cheryl Karnes, the new area Manager for Southern CallEornLa Edison Company. Randy Rood, the man she replaces, retires soon. 2K. Mr. Wasserman requested item "F" and "I" be removed from the Consent Calendar. Item "I" would become Staff teem 6D; and [o add one additional Item dealing with approval of Parcel Map 1173 [o become item 6F.. Mr. Wasserman also requested a Closed Session at [he end of the meeting. March 7, 1984 CITY OF RANCHO CUCAMONGA CITY COUNCIL MLNUTEg Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, March 7, 1984, in [he Lions Park Community Center, 9161 Base Line Road. The meeting was called to order a[ 7:40 p.m. by Mayor Jon D. Mikels. Girl Scouts Erom Troop 1083 under the leadership of Pat :torr icon led in the Pledge [o the Flag. Mayor Mikels made a presen[at Son of a Prot Lamacion to the Girl Scouts Ln recognition of [he 72nd anniversary of its found Sng. Approval of Minutes: MOTION: Moved by Schlosser, seconded by Dahl to approve the minutes of December 7, 1983, December 2l, 1983, and January l8. 1984. Mo- tion carried unanimously 5-O. 2. ANNOUNCEMENTS/PRESENTATIONS 2A. Wednesday, March 14, 1984, 7:00 p.m. - PLANNING COtMISS ION MEETING, Lions Park Community re nter. 2B. Thursday, March l5, 1984, 7:15 p.m. - PARK ADVISORY COMMITTEE, lions Park Community Center. 2C. Thursday, March 22, 1984, 7:30 p.m. - ADVISORY COMMISSION, Lions Park Com- munity Cancer. 2D. Presen[at ion of Proclamation to Pomona Valley Community Concert Association to recognition of the high quality concert seasons they have brought co this area. 2E. Presentation recognizing Thomas C. Wickum for dedicated service and leader- ship as Commander of [tancho Cucamonga Sheriff's Substation. 2F. Mayor Mikels and Councilman Dahl presented a report from the Natf.onal League of Cities meecing held in Washington DC, March 2-6. 2C. Councilmen Ruquet and Frost presented reports from [heir pa r[Sc spat ion in [he League of California Cities March on the Capitol. 2N. Mayor Mikels reported that Sanbag approved the Transport atat ion Improvement Program (TIP) wA ich included the I-IS/30 interchange; Che Route 66/I-IS interchange; widen Sng of Route 30 from I-10 north; mon lea to protect Land in the Pooh 111 Eceeway corridor. 2N. Mr. Wasserman introduced Cheryl Karnes, [he new area Manager for Sou[he rn California Ediean Company. Randy Bond, [he man she replaces, retires soon. 2K. Mr. Wasserman requested item "F" and "I" be removed Erom the Consent Calendar. Item "I" would become S[eff item 6D; and [o add one additional item dealing with approval of parcel Map 1173 to become item 6E. Mr. Wasserman also requested a Cloned Session at [he end of the meeting. City Council Agenda -2- March 7, 1984 3. CONSENT CALENDAR 3A. Approval, of Warrants, Register No's. 84-3-7 and payroll ending 2/23/84 for the total amount of $176,619.96. 38. Approval of Narranes, Asses smenC District 82-I as follows: 12/20/83 for $7,007.14; 12/29/83 for 51,408,SIL.30; and 1/25/84 for $33,856.24. 3C. Approval of Warrants, Assessment Oistric[ 82-2 as follows: ll/4/83 for $4,960.00; and 12/20/83 for $2608.39. 3D. Alcoholic Beverage Application No. AB 84-OS for On-Sale Beer b Wine Eating Place License, Julia Gu[tero, 8151 E. Ninth Street. 3E. Approval of Improvement Agreement and Bonds Eor Tract No. 9400, submix ted by Prado Woods, located on the north side of Banyan Street between Beryl S[ree[ and Carnelian St reel. RESOLUTION N0. 84-41 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT N0. 9400 3F. Approval of Improvement Agreement and Improvement Security of Final Map for Tract Map Nos. 12026 and 12027, submitted by Marlborough Development Co., lo- cated on [he west side o£ Ramona Avenue, south of Church Street. ITEM REMOVED TO COME RACK AT A LATER TIME. RESOLUTION N0. A4-42 A RESOLUTION OF THE CITY COUNCIL OF THF, CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LMPROVE- MENT AGREEMENT, I~ROVEMENT SECURITY AND FINAL MAP OF TRACT NOS. 12026 AND 12021 3G. Approval of Improvement Agreement and Bonds and Final Map for Tract Map No. 11013, submitted by Lewis Homes, located on [he east side of Amethyst, south of Banyan Street, and also accept Easement Deed Erom the Metropo lttan Mater Di6eric C. RESOLUTION N0. A4-43 A RESOLUTION OF THF. CITY COUNCIL OF THE CITY OF RANCHO CIICAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT N0. 11013 AND EASEMENT DEED FOR STREET PURPOSES 3H. Approval for revision to Improvement and Maintenance Agreement for Tract 12044 (Vic to ria Project), subm teed by Foothill Associates, located between Highland Avenue and Base Line Road, west of E[Iwanda Avenue. RESOLUTION N0. 84-44 A ftESOLUTLON OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REVISED IMPROVEMENT AND MAINTENANCE AGREEMENT BETHEEN THE CITY AND FOOTHILL ASSOCIATES FOR TRACT 12044 (VICTORIA PROJECT) ' City Council Agenda -3- March 7, 1984 3I. Approval of Bonds and Agreement and Final Map Eor Tract No. 12320-1, sub- mitted by Barclays-Terra, located a[ [he southeast corner of Victoria Street and Archibald Avenue. RESOLUTION N0. 84-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT, IMPROVEMENT SECURITY ANO FINAL MAP OF TRACT N0. 12320-1 3J. Approval of Improvement Agreement, Improvemenc Security and Real Property Improvement Contract and Lien Ag reemen[ and Final Map for Tract No. 11797, sub- mitted by Elite Construction, located on the east side of Archibald Avenue, north of Rase Line Road. RESOLUTION NO. 84-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT, IMPROVEMENT SECURITY AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT AND FINAL MAP OF TRACT N0. 11797 3K. Approval of Improvement Agreement, Improvement Security and Lien Agreement for DR 83-13, submitted by Jack Butler, located on the south side of Foothill Boulevard between Hellman Avenue and Vineyard Avenue. RESOLUTION N0. 84-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALYFORNIA, APPROVING IMPROVE- MENT AGREEMENT, IMPROVEMENT SECURITY AND REAL PROPERTY IMPROVEMENT CONTRACT AND LYEN AGREEMENT FOR DEVELOPMENT REVIEW 83-13 3L. Approving Improvement Agreement and Improvement Security for Development Review 83-18, submitted by James C. Bice, ioca[ed on [he west side of Vineyard Avenue, porch of Arrow Route. RESOLUTION N0. 84-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CAL IPORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVEL- OPMENT REVIEW 83-18 M. Release of Bonds: Tract 9435 - located on the east side of Haven, north of Victoria; owne c, Crismar Development. Monumen[a[lon Rond g 3,250 CUP 82-24 - located on the southeast corner of Haven Avenue and Arrow Route; owner McIntyre Properties. Faithful Performance Bond (Road) $23,200 s City Council Agenda -4- March 7, 1984 RESOLUTION N0. 84-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 82-24 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 3N. Approval and execution of agreement with San Bernardino County Flood Con- Crol District to maintain landscaping installed along Cucamonga and Deer Creek at street intersections. 30. Approval of Cooperative Agreement wick CalTrana for construction of a traf- fic signal a[ Foothill Boulevard and Hellman Avenue. RESOLUTION N0. 84-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, AUTHORIZ LNG THE EKECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA 3P. Approval of Rase Line Road .Sidewalk Improvement Project and filing of a No- tice of Completion, and release Performance Surety. Fa Sthful Performance Bond $52,324 RESOLUTION N0. 84-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR BABE LINE ROAD SIDEWALK IMPROVE- MENT PROJECT AND AUTHORIZING THE FILING OF A NO- TICE OF COMPLETION FOR THE WORK 3Q. Approval of a cooperative eF Eort rela[Sve co Southern California's Water Supply problems. RESOLUTION N0. 84-52 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, URGING A COOPERATIVE EFFORT RELATIVE TO SOUTHERN CALIFORNIA'S WATER SUPPLY AND DEMAND 3R. Approval [hat Derht sh, Guerra and Associates, an engineering consulting firm, located in Ontario be engaged to complete PS6E for an Acceea Roadway Leading [o the Bear Gulch Elementary School and Arrow Highway Improvements along the frontage cf the adjoining park site. MOTION: Moved by Dahl, seconded by Schlosser to approve [he Cone ent Calendar with [he deletion of items "F" and "I". Mo[lon car[ied unanimously 5-0. 4. ADVERTISED PDRLIC HEARINGS 4A. COMMUNITY FACILITIES DISTRICT N0. 84-I - DAY CREEK FLOOD CONTROL I MENTS - The Count ll shall conduct a hearing on the eatabllehment of a Co Facilities District to cons Sder the calling of a special election to es a tax for Che construction of the Day Creek Channel, City Council Agenda -5- March 7, 1984 City Clerk Wasserman announced Cha[ notices of public hearings have been given accord Sng Co Law, and the foliowing affidavits ate on file in his office: Affidavit of publication of Notice of Intention to form Community Facili- ties Dist rice and authorize special tax. AEf id suit of publication of No[lce of Hearing to Incur Bonded Indebtedness. Certificate of Compliance relating to mailing. Mr. Wasserman also noted that Eive letters had been received objecting [o the formation of the Dis [rice. They were from: Tamco Steel, P. 0. Box 325, E[iwanda W. J. Ko toff, 15202 Glenn Hill Drive, Hacienda Heights Ferromec Inc, P. 0. Box 127, EC iwenda Industrial Asphalt, 6840 Hayvenhurst Avenue, Van Nuys 9ndrew D. Storrar and Crystal DeRosier Bi11 Stookey, Wil ld an Associates, presented an overview of the project and ac- tions to be taken. Mayor Mikels opened the meeting Eor public hearing co chose who had filed a protest on [he Dls cr ict. There was no response. Mayor Mikels asked for those who would Like [o speak in opposition to [he EoY- mation of [he Dis[ric [. There was no response. Mayor Mikels asked for those who are in favor of the District formation. Ad- dressing Council were: Jeff Sceranka, Manager of the Chamber of Commerce, read the pus It ion taken by the Economic Development Committee as follows: I. There appears [o be a consensus among the major property owners attending the meetings [hat: a. The Day Creek flood control work is needed and should proceed. b. The Mello-ROOe tax be looked upon as a "backup" source of payment for the work, with other flnanc ing sources utilized to [heir fullest potential; and the cos[ of the improvements minimized and spread equitably over an appropriate cons[ nmcton period. c. The following items be considered for incorporation within [he ballot Language: 1. The City/RDA should comet i[ a minimum of $500,000 yearly to- wards Day Creek and devote IOOx of all available tax l nc rements [o subsidize and replace landowner charges. 2. All appropriate local agencies are to pursue the flexibility of a Bureau of Reclamation Loan [o fund par[ of [he project's coat, and [o pursue the repayment of [hat loan from new sources such as the sale of the reclaimed water. 3. Should PLood Control District land holdings become developable and saleable as a result of [he Day Creek improvements, some reasonable portion of any sales proceeds should he used to pay for the lmp rovements. City Council Agenda -b- March i, 1984 4. Manage [he project as close as possible to a "pay as you go" project, building no faster Chan as needed. Delay [he ini- tial Mello-Roos change until at least 1987, preferably L989. 5. Minimize and/or eliminate any add lC ional costs Eor "temporary" flood control proc ection devices. 6. Since the Southern California Edison transmission towers are already flood proofed, the Edison "corridors" should not be Lnclud ed in the taxable properties. Wayne Blanton congratulated Council for having the workshops since they were very informative. Mr. Stookey presented the Einal protest count of reg SS[ered voters which was less than 2S of the taxable area. :dr. Schlosser stated Chat since he had a business in the area, he wanted i[ cleared up for the record as to whether he should vote on this item. Mr. Dougherty responded chat since his interest Ls so general in such a large area, he could no[ see any reason he should no[ vote unless he felt uncomfortable. Mr. Brown presented the proposed changes and modifications to [he Community Fa- cilities District Report which have been added as Exhibit A co [he Report. MOTION: Moved by Dahl, seconded by Frost to close the public hearing. Mot ton carried unanimously 5-0. City Cle ck Wasserman read [he [St le of Resolution No.84-53. RESOLUTION N0. 84-53 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE RESOLUTION OF IN- TENTION AND PROCEEDINGS RELATING TO THE FORMATION OF A COMMUNITY FAC [LITLES DISTRICT MOTION: Moved by Buquet, seconded by Dahl to adopt Reso lotion No. 84-5] and waive full re ad tng. Motion carried unanimously 5-0. ff iy Clerk Wasserman read the title of Resolution No. 85-54. RESOLUTION N0. 84-54 A REEOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN PRE- LIMINARY FINDINGS AND PASSING UPON PROTESTS MOTION: Moved by Dahl, seconded by Schloa set to adopt Resolution No. 84-54 and co waive full reading. Motion carried unanimously 5-0. City Council Agenda -7- March 7, 1984 City Clerk Wasserman read Che title of Resolution No. 84-55. RESOLUTION N0. 84-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIPORNLA, DECLARING AND ESTAB- LISHING THE FOAMATLON OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS MOTION; Moved by Schlosser, seconded by Buquet [o adopt Resolution No. 84-55 and waive full reading. Motion carried unanimously 5-0. Cicy Clerk Wasaetman read the title of Resolution No. R4-56. RESOLUTION N0. 84-56 A RESOLUTION OF THE CITY COUNCIL OF Tf1E CITY OP RANCHO CUCAMONGA, CALIFORNIA, OECLARINC NECESSITY TO INCUR A BONDED INDEBTEDNESS, AND SUBMITTING TO THE QUALIFIED VOTERS OF A COMMUNITY FACILILTIER DISTRICT A PROPOSITION TO INCUR A BONDED INDEBTED- NESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CER- TAIN CAPITAL FACILITIES IN A COMMUNITY FACILITIRS DISTRICT, ANO GIVING NOTICE THEREON MOTION: Moved by Frost, seconded by Schlosser [o adopt Resolution No. 84-66 and waive full reading. Motion carried unanimously 5-0. City Clerk Wasserman read [he title of Resolucion No. 85-57. RESOLUTION N0. 84-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, AUTHORI7.ING THE FIL- ING OF WRITTEN ARGUMENTS REGARDING CITY BALLOT PROPOSITION MOTION: Moved by Oahl, seconded by Buquet to adopt Resolution No. 84-57 and waive full reading. Motion carried unanimously $-0. and waive full reading. Mot Son carr ted unanimously 5-0. City Cletk Wasserman read the [LCIe of Resolucion No. 84-88. RESOLUTION N0. 84-58 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONCA, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS ON A COMBINED BALLOT PROPOSITION MOTION: Moved by Buquet, seconded by Schlosser co adopt Resolution No. 84-68 and waive full reading. Motion carried unanimously 5-0. City Council Agonda -8- March 7, 1984 City Clerk Wasserman read Che Ci[le of Resolution No. 84-59. RESOLUTION NO. 84-89 A RESOWTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THE tlOARD OF SUPERVISORS TO CONDUCT A SPECIAL MAILED BALLOT ELECTION RELATING TO THE INCURRING OF DONDED IN- DEBTEDNESS AND THE LEVY OF A SPP,CIAL TAX IN A COM- MUNITY FACILITIES DISTRICT MOTION: Moved by Schlosser, seconded by Dahl to adopt Resolution No. 84-59 and waive full reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 84-60. RESOLUTION NO. 84-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROV LOING FOR THE FILING OF REBUTTAL ARGUMENTS FOR BALLOT PROPOSI- TION RELATING TO THE INCURRING OF A BONDED INDEBT- EDNESS SECURED BY A SPECIAL TAX TO PAY FOR CAPITAL FACILITIES IN A COMMUNITY FACILITIES DISTRICT MOTION: Moved by Frost, seconded by Buquet t0 adopt Resolution No. 84-60 and waive full reading. Mat ion car[Sed unanimously 5-0. l wflkf Mayor MSkels called a recess at 8:50 p.m. The meeting reconvened at 9:I5 p.m. with all members of Council and Staff present. •,f~** NON-ADVERTISED HEARINGS SA. PUBLIC IMPROVEMENT CONSTRUCTION PERMIT CODE - Recommend adoption of revised code governing work within the public right-of-way. Item continued from Febru- ary I5, 1984 meeting. Staff report by Lloyd Hu66s, CI[y Engineer. Mayor Mlkels opened [he meeting for public hearing. There he ing no response, the public hearing was closed. City Clerk Wasserman read the title of Ord lnance No. 218. ORDINANCE N0. 2l8 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING CHAPTER 12.03, PUELIC IM- PROVEMENT CONSTRUCTION PERMITS AND AMENDING TITLE L2 OP THE RANCHO CUCAMONGA MUNICIPAL CODE City Couac it Agenda -9- March 7, 1984 MOTION: Moved by Dahl, seconded by euquet to waive full reading of Ordinance No. 218. Motion carried unanimously 5-0. MOTION: Roved by Dahl, seconded 6y Buque[ [o adopt Ordinance No. 218. Mo Cfon carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosaer, Frost NOES: None ABSENT: None SB. CABLE TELEVISION MATTER - The Ci[y Council will conduct a public hearing regarding an ordinance which provides for the establishment and granting of ca- ble television franchises or privileges for the construction, maintenance and operation of cable communtcacion within the City of Rancho Cucamonga. Staff report by Aohert Rizzo, Assis [ant to [he City Manager. Mayor Mikels opened [he meeting for public hearing. There 6e ing no resPOnse, [he public hearing was closed. City Clerk Wasserman read the title of Resolution No. R4-61. RESOLUTION N0. H4-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, DIRECTING PUBLICATIONS IN ACCORDANCE KITH GOVERNMENT CODE SECTION 36933 (c) (2) - CABLE TELEVISION FRANCHISE ORDINANCE MOTION: Moved by Dahl, seconded 6y Schlosser to adopt Resolution No. 84-61 and waive full reading. Motion carried unanimously 5-0. C1[y Clerk Wasserman read the title of Ordinance No. 220. ORDINANCE N0. 220 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ADDING TITLE 7 TO THE RANCHO CUCANONGA MUNICIPAL CODE TO PROVIDE FOR THE EBTABLISHMENT AND GRANTING OF (RANCH [SES OR PRIVILEGES FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF CABLE COMMUNICATION, OR CABLE TELEVISION SYSTEMS AND FURTHER PROVIDING POR THE CONTINUING REGULATION AND ADMINISTRATION OF THESE FRANCN ISES AND THE AC- TIVITIES RELATIVE TO THEM MOTION: Moved by Dahl, seconded by Schlosser to waive full reading of Ordi- nance No. 220. Mo[fon carried unanimously 5-0. Mayor Mikels set second reading for March 21, 1984. City Clerk Wasserman read the title of Ordinance No. 2I0-B. City Council Agenda -10- March 7, 1984 ORDINANCE N0. 210-H (urgent) AN ORDINANCE OF THE CITY OP RANCHO CUCAMONGA, CALIFORN LA, E%TENDING THE MORATORIUM ON THE FILING AND PROCESSING OF APPLICATIONS FOR LICENSES TO CONSTRUCT, OPERATE OR MAINTAIN COMMUNITY ANTENNA TELEVISION SYSTEMS IN THE CITY FOR AN ADDITIONAL PERIOD OF NINETY (90) DAYS, AND DECLARING THE UR- GENCY THEREOF MOTION: Moved by Dahl, seconded by Schlosser to waive full reading of Ordi- nance No. 2L0-B. Motion carried unanimously 5-0. MOTION: Moved by Schlosser, seconded by Huquet [o adopt Ordinance No. 210-B. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Ordinance No. 221. ORDINANCE N0. 22l (firs[ reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING CERTAIN PROVISIONS OF TAE SAN eERNARDINO COUNTY CODE, HERETOFORE ADOPTED BY REFERENCE, PERTAINING TO THE REGULATION OF CODDAU- NITY ANTENNA TV SYSTEMS MOTION: Moved by Dahl, seconded by Schlosser to waive full reading. Motion carried unanimously 5-0. Mayor Mikels sec second reading for March 2l, 1984. 5. CITY MANAGER'S BTAFF REPORTS 6A. ALTA LOMA CHANNEL LOAN APPLICATION FINAL DRAFT REVIEW - It Ls recommended [hat Council approve [he final draft o a loan application to he offered to partially developed or non-conforming uses impacted by [he Alta Loma Channel Assessment District 82-2. Staff report by Lloyd Hubbs, Cicy Engineer. MOTION: Moved 6y Schlosser, seconded by Dahl to approve the Alta Loma Channel loan application as drafted. Motion carried unanimously 5-0. 66. ELECTION MATTERS - I[ is necessary that Council adopt Resolutions appointing precinct wo rke ra and naming [he Clty Clerk ae the Dff iclal to con- duct the canvass of ballots after the Munlc ipal Election. Staff repo r[ by Lauren Wasserman, CS[y Clerk. Mayor Mike la opened [he meeting for public Input. There being no response, the meeting was closed. City Clerk Wasserman read the clue of Resolution No. 84-62. City Council Agenda -Il- March 7, 1984 RESOLUTION N0. 84-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FI%ING COMPENSATION FOR THE GEN- ERAL MUNICIPAL ELECTION OF THE CITY ON TUESDAY, APRIL 10, 1984, CALLED BY RESOLUTION N0. 83-222 OF THE CITY COUNCIL MOTION: Moved by Schlosser, seconded by Dahl to adopt Resolution No. 84-62 and waive full reading. Motion carried unanimously 5-0. City Clerk Wasserman read [he title of Resolution No. 84-63. RESOLUTION N0. 84-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 1984, TO 8E MApE BY THE CITY CLERK NOTION: Moved by Schlosser, seconded by Dahl to adopt Resolution No. 84-63 and valve full read Lng. Motion carried anon Lmous ly 5-0. 6C. DEER CREEK PARK - PROPOSAL BY LEWIS HOMES - An oral report by Bill Holley. Ralph Lewis spoke on Che proposal for Deer Creek park. He stated [hey are willing to do anything Council desired in order [o proceed with this. Kay Matlock, of Lewis Homea, staled chey had no opposition in working with staff, but they did prefer no[ coming back at the next meeting just for general directions, but wanted to come back with an agreement to act upon. Mayor Mikels polled Council for direction. I[ was the consensus of Council co authorize scoff to pursue with negotla[ions and co submit the proposal for re- view at the next meeting. 5D. CONSENT CALENDAR I: Approval of Bonda and Agreement and Final Map for Trace No. 1270-1, subm it[ed by Barclays-Terra, located a[ [he southeast corner of Victoria Street and Archibald Avenue. Peter Marshall, representing owners of Parcel No. 12532, expressed oppoai- [ion [o the approval of the final map. Mr. Dougherty staled that the cond i[lonal of approval of [he final map and we have to comply to the approval or a court would. Mr. Hubbs stated thec to [he best of hie abll i[y all condl[iona for approval have been met. City Counc 11 Agenda -12- Na rch 7, 1984 RESOLUTION 90. ES-4j A RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF RAMC NU CUCANONGA, CALLFO RY LI, App ROVING IMPROVE- MENT ACREEMF.NT, INPROVF.NENT SECURI'CY A.ND FINAL MAP OF TRACT N0. I230-1. MOTION: Moved by Ruque[, seconded by Schlosser [n app ra ve Resolution 90. R4-4j and waive full reading. Motion carried unanimously 5-0. 6E. ADDED ITE:4. PARCEL MAP 5733. City Clerk read [he Citle of Resolution No. $5-64. RESOLUTION N0. R4-64 A RESOLUTION OF THE CITY COUNf,IL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL NAP NUMBER 5733 (TENTATIVE PARCEL NAP 'NO. 1737). MOTION: Moved by Dahl, seconded by Schlosser to adopt Resolution No. $4-64 and waive full reading. Notion carried unanimously j-O. i. COUNCIL BUSINESS Councilman Schlosser stated Lhat Ile would no[ he a[ Lhe Na r<h 2Is[ meeting. Mr. Frost s't a[ed Lhat he had made some recanme ndae in ns [o Nr. RolLev for upgrading [he children's playground equipme nC az Lions and A1[a Loma Parks, and this should come up in the budge[ discussions if pa ss ifi le. Mr. Frost reported Chat Lewis Ilomes would he moving the Chaffey Ga rc is House, and would keep Council apprised on [his. R. ADJOL'RNf!ENT Mq'CI ON: Moved by Dah 1, seconded by Ruquet [o adjourn Lo a Closed Session, not w reconvene this evening. Notion carried unanimous l.y 5-i~. 'Che meeting ad- journed ac lO:LO p.m., Resp ecCfnlly subm i[[ed, Beverly Au[helet De paty Ci[y Clerk - - February 1, 1984 CITY OF RANCHO CUCAM09GA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORIIER A regula[ meeting of the City Council of Che Ci[y of Rancho Cucamonga met on Wednesday, February 1, 1984 in the Lions Park Community Center, 9161 Base Line Road. The meeting was called [o order aC 7:35 p.m. by Mayor Jon D. Mikels. Present; Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present: CI[y Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Comez; City Engineer, Lloyd Hubbs; Community Services Director, Bill Holley; and Fi- nance Director, Harry Empey. Approval of Minutes: Mr. Buquet requested [ha[ in the January 4th minutes on page 5 that the word, "preference" be used instead of [he word, "choice." MOTION: Moved by Buquet, seconded by Dahl [o approve [he minutes of November 16, 1983, corrected minutes of January 4, 1984, and January 24, 1984. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS 2A. Wednesday, February 8, 1984, 7:00 p.m. - PLP.N":^;G COMMISSION MEETING, Li- ons Park Community Center. 2B. Thursday, February I6, 1984, 7:00 p.m. - CLTY COUNCIL/FIRE DIBTRICT BOARD MEETING, Lions Park Commun i[y Cen[e [. 20. Thursday, February 16, 1984, 7:00 p.m. - PARK ADVISORY COMMITTEE, Lions Park Community Center. 2D. Thu tsday, February 2, 1984, 7;00 p.m. - HISTORICAL COMMISSION, Lions Park Community Cenic r. 2E. Thursday, February 23, 1984, 7:30 p.m. - CIT I'l.ENS ADVISORY COMMISSION, I.1- ons Park Community Center. 2F. Mr. Buquet stated he would not be present a[ the February l6 th meeting. Mr. Dahl slated he might no[ be at [ha[ mee[Sng either. 2G. Mr, Wasserman requested a Closed Session a[ the close of the Council meet- ing [o discuss legal matters. 2H. Mayor Mikels announced that the SANBAC Board unanimously approved the con- cept and budget Eo[ [he Route 30 freeway. City Council Minutes Pebruary 1, 1984 Page 2 3. CONSENT CALENDAR JA. Approval of Warrants, Register Nos. 84-2-I and Payroll ending 1/l0/84 for the total amount of $51,050.17. 3B. Approval [o increase estimated revenues for Plan Checking $163,964 and in- crease Engineering Contract Services by [he same amount; also transfzr $1200 from Co®aunity Se n•ices Con[rac[ Account to Community Services Travel and Meet- ing Accounts. 3C. Forward Claim No. CL84-07 against the CSty by Sharon R. Pereira [o the City Attorney and Insurance Carrier for handling. 3D. Alcoholic Beverage Application No. AB 84-02 for On-Sale Beer 4 Wine Eating Place License for the Elks Club, Elka Lodge No. 2570, 12481 Base Line Road. 3E. Alcoholic Beverage Application No. AB 84-03 Eor On-Sale Beer S Wine Eating Place License, Connectair Airlines, Inc., Irving T. Tague, 9375 Archibald, Suite I08. 3F. Approval of Improvement Agreement and Improvement Security for a single family development located a[ 5969 Amethyst Avenue. RESOLUTION N0. 84-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR A SIN- GLE F7uMILY DEVELOPMENT LOCATED AT 6969 AMETHYST AVENUE. 3G. Approval of Real Property Improvement Contract and Lien Agreement for prop- erty located on Strang Lane submitted by Alexander and Soyce Frazin. RESOLUTION N0. 84-25 A RESOLUTION OF THE CITY COUNCIL OF TNF. CLTY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IM- PROVEMENT CONTRACT AND LIEN AGREEMENT FROM ALEXANDER AND JOYCE FRAZ IN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME (8817 STRANG LANE). 3H. Release of Bonds: DR 80-34 - Located nn the northwest corner of Lemon and Haven Avenues; owner, Woodhaven Properc Ses. Faithful Performance Bond (Road) $43,200.00 RESOLUTION N0. 84-26 A RESOLUTION OF THE CITY COUNCIL OF TXE CLTY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENT FOR D.R. 80-34 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. TRACT 9618 - Located at the northwest corner of Archibald and Lemon Avenues; owner, Crismar Development Corporation. eonumen[ation Bond $ 2,450.00 City Council Minutes February 1, 1984 page J MOTION: Roved by Schlosser, seconded by Dahl [o approve the Consent Calendar. Motion ^.arried unanimously 5-0. 4. ADVERTISED PUBLIC HEARINGS 4A. ANNEXATION N0. 1 FOR STREET LIGHTING MAINTENANCE DISTRICTS N0. 1 AND 2 - Ordering [he work in connection wi [h Maintenance District No. 1 for Tract Nos. 12023, L2024, 12025, 12184, 11173, 11173-1, 11144, 12237, 12237-1, 12305, and Maintenance District No. 2 for Tract Nos. 12184, 12237, 12237-1 and 12237-2. Staff report by Lloyd Hubbs, City Engineer. Mayor MikeLs opened [he meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 84-27. RESOLUTION N0. 84-27 A RESOLUTION OF 'fNE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORR IN CONNECTION KITH ANNEXATION N0. 1 TO STREET LIGHTING MAINTE- NANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12023, 12024, 12025, 12184, 11173, 11173-1, 11144, 12237, 12237-1, 122]7-2 and 12305. MOTION: Moved by Schlosser, seconded by Frosc to approve Resolution No. 84-27 and waive full reading. Motion carried unanimously 5-0. City CLe rk Wasserman read the title of Resolution No. 84-28. RESOLUTION N0. 84-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 1 TO STREET LIGHTING MAINTE- NANCE DISTRICT N0. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12184, 12277, 12237-1 and 12237-2. MOTION: Roved by Schlosser, seconded by Dahl to approve Resolution No. 84-28 and waive full reading. Motion carried unanimously 5-0. 4B. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMENDMENT - An amendment [o TL- tle 14 of [he Rancho Cucamonga Municipal Code, Section 14.20.110 of Chapter 14.20, Signs, co change the maximum height limit for a wall sign on an indus- trlal building from 20 feet to a height not co project above the roof line. Staff reporc by Rick Gamez, City Planner. Mayor Mikela opened [he meeting for public hearing. There be ing no rea ponce, [he public hearing was closed. City Clerk Wasserman read the title of Ord Snance No. 65-C,. City Count 11 Minutes Pebruary 1, 1984 Page 4 ORDINANCE 65-C (second reading) AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 14.20, SECTION 14.20.110 OF TLTLE l4 OF' THE RANCHO CUCAMONGA MU- NICIPAL CODE WHICH REGULATES SIGNS TO ELIMINATE THE TWENTY (7.0) FOOT MARIMUM HEIGHT REQUIREMENT FOR WALL SIGNS ON INDUSTRIAL BUILDINGS. MOTION: Moved by Schlosser, seconded by Buquet [o waive foil reading of Ordi- nance No. 65-C. Motion carried unanimously 5-0. MOTION: Moved by Buquet, seconded by Schlosser to adopt Ordinance No. 65-C. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: Nane ABSENT: None 4C. ENVIRONMENTAL ASSESSFENT AND DEVELOPMENT CODE AMENDMENT 84-0L - An amend- ment co the Rancho Cucamonga Development Code, Title 17 of the Municipal Code, amending Section 17.08.040-e and 17.08.040-C co require a Cond i[ional Use Per- mit for single family detached dwellings less than 900 square fee[. Staff re- port by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. C i[y Clerk Wasse nsan read the title of Ordinance No. 211-A. ORDINANCE NO. 211-A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE l7, CHAPTER 17.08, TABLES 17.08.040-e AND C, OF THE MUNICIPAL CODE, TO REQUIRE. A CONDITIONAL USE PER- MIT FOR SINGLE FAMILY DETACHED DWELLINGS LESS THAN 900 SQUARE FEET. MOTION: Moved by Schlosaer, seconded by Frost co waive foil reading of Ordi- nance No. 211-A. Motion carried unanimously 5-0. MOTION: Moved 6y Dahl, seconded by Buquet to adopt Ordinance No. 211-A. Mo- tion carr led by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None 4D. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83-08 (TENTATIVE TRACT 12525) - TRUAR - A change of zone from Medium Dene ity Resld entfal (8-14 du ac) to Low Medium Residential (4-8 du/ac) for a total development su6dly is ion of 16.5 acres into l23 to cs, comprising 122 zero lo[ line un its generally located on the couch side of Arrow Highway, between Turner Avenue end Center Avenue - APN 209-091-10. Staff report by Rick Gomez, Clty Planner. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes Pebruary 1, 1984 Page 5 City Clerk Nasaerman read the title of ordinance No. 216. ORDINANCR N0. 216 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 209-091-LO LOCATED ON THE SOUTH SIDE OF AKRON HIGHWAY, BETWEEN TURNER AVENUE, AND CENTER AVENUE FROM MEDIUM DENSITY RESIDENTIAL (8-14 DU/AC) TO LOW NEDIUM RESIDENTIAL (4-8 DU/AC). MOTION: Moved by Schlosser, seconded by Dahl [o waive full reading of Ordi- nance No. 216. Motion carried unanimously 5-0. MOTION: Moved by Schlosser, seconded by Dahl to adopt Ordinance No. 216. Mo- tion carried by the following vote: AYES: Dahl, Buquet, Nikels, Schlosser, Proet NOES: None ABSENT: None 4E. DEVELOPMENT AGREEMENT - CALHARR DEVELOPMENT - HERITAGE PARR SENIOR CITIZEN HOUSING PROJECT -Approval of a Development Agreement hetxeen the City of Rancho Cucamonga and Calmark Development Corporation for Heritage Park Senior Citizen Housing Project located rest of Archibald, north of Base Line. Item continued from January I8, 1984 meeting. Staff report by Rick Gomez, CSty Planner. Mayor Nikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 217. ORDINANCE N0. 217 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIPORNIA, APPROVING A DEVELOPMENT AGREEMENT BE- THEEN THE CITY OF RANCHO CUCAMONGA AND CALMARK DE- VELOPMENT CORPORATION. MOTION: Moved by Buquet, seconded by Dahl co waive full reading of Ordinance No. 217. Motion carried unan Smously 5-0. Mayor Nikels set second reading for Fehruary 16, 1984. 5. NON-ADVERTISED PUBLIC HEARINGS SA. FORMATION OF ASSESSMENT DISTRICT 82-2. Reco®end approval far actions nec- essary [o Initiate proceed logs [o formation of Assessment Die trtct 82-2 and ap- proval of plans, spec if Scat ions, Engineer's Report and fixing Che date for pro- test hearing for March 21, 1984. Staff report by Lloyd Nubhs, City Engineer. MacKenafe Brown, bond counsel, presented report which included boandariee of the Assessment District, presentation of Che Debt Report, Eng inset's Report, au[ho rtz log sale of bonds, end Getting the public hearing. ' City Council Hinutes February 1, 1984 Page 6 Mayor Hlkela opened the meeting for pu611c hearing. Addressing Council woe: Frank weeks went over his questions regarding Che loan appltc anon ae follows: a. He asked what if you have a mortgage, would [he mortgage holder have to agree with this, and how could you get him to do so? b. Item 3 staled [hat property shall no[ be developed any Further, supposing he wanted to add onto his home, how would this effect Chat? c. Item 4 states that the loan shall bear interest from its dace at the rate of IOS, etc. He did no[ understand the interest. d. Item S stages that any assessment for the 11th year will be col- lected on the tax rolls, etc. He stated he did not understand this. e. Item 6 states [hat the property owner waives rights to proles[ to the formation of the District, but does not waive rights to pto teat the spread of assessments. f. Item 7 states that the property owners acknowledgeas Chat any prepayment of any assessment will not waive or accelerate the IOS year term. why not? g. Item 8 states that this will be secured by a deed of [coat to cov- er all loan advances. He did not understand the "loan advance." h. Item 9 states [hey are desirous of receiving loan contribution funds. He stated he was no[ desirous about this recommendation a[ all. i. Item 10 states this could be terminated at an earlier dace. He asked if they would be obligated [o pay interest aF ter [he firs[ ftve years? Mr. Brown wen[ over Mr. waska's concerns. John Cho~nacki, 10186 Gilson Avenue, wen[ed to know where he stood in re- gard [o the Assessment District. Mr. Hubby stated Chat at ehis point his property was not included in the Dis [ric t; he was exempted. Jean Murphy, 9611 Nllls ids, asked how can anyone get a clear title on their property tf [here ie a lien on ft. Darlene Tate, corner of Hills ids and Hermosa, felt [hey would not be benefiting from [hts since their property was high and they don't have flooding. Dan Richards, 6604 Sapphire, felt [hat for clay if Scat ion on the loan and ISen would be to use [he term "assumable" so that if you are a developer you will pay for ic, and If you are not you may continue to do what the first person did -- that is to enjoy [he land and no[ pay for the improvements. Barbara Gr imley, 5360 Hermosa Avenue, felt it wasn't equitable, but that this should go to a vote again. She expressed there was a Lack of communi- cation between Council and the property owners; and that a formula should be developed for equalizing the burden of this. City Council Minu[ea February 1, 1984 Page 7 •aaa• Mayor Mikels called a recess a[ 8:55 p.m. The meeting reconvened ac 9:17 p.m. with all members of Count ll and staff present. •~*R.! Mayor Mikels con[Snued With the publ lc hearing. Albert Leon, owner of 4.8 acres a[ 5647 Hermosa Avenue, he did not need the storm drain since [hey have never been In any danger from Flooding. John Bannister felt the people would not buy his property with an assess- ment on it. Willard Most, 5455 Hermosa, stated he did no[ understand the formula. Bill Forney, 1232 Wilson Avenue, asked if 1[ was possible for the attorney [o represent two clients a[ once as an attorney. Mayor referred the item to [he city attorney who stated the question was whether you represented one clten[ against [he other, and chat you cannot do. Mr. Forney stated he asked this because Mr. Buque[ had made a co®ent that the City Council does not represent [he developers, yet he had inf orma[ton which shows that the City of Rancho Cucamonga is with Kingsley Communities in trying to get [his developed. He felt they could not represent both [he people and [he developers at [he same time. Mr. Buquet responded [he[ this was on [he in- cenc to form the Dis[ric[. Mayor Mikels pointed out that the City Council was representing only the general interests of the Cicy. Mr. Forney also inquired into the difference between a tax and an assessment. Reg Boater, 8677 Hillside Road, owner of 9 acres at Ame chyst and Hills ids, asked Sf there was a tentative schedule for construction. Mr. Nubbs went over [he schedule for public hearings, bids, etc. The very earliest con- struction could beg In would be late May or early June of this year. John Shackey asked who did this benefit? Tt did not benef l[ any of [he people. Mayor Mikels stated his property was au tually excluded from the assessment. Tom Murphy, 9611 Hillside Raad, asked who created the District and iE all the residents within the Dts[rtct have been notlf ied? Mr. Hubbs res panded that all of the people who are going co be assessed have been notified. However, the Assessment District has not been approved ur created. There being no further response from the pu611c, Mayor Mikels closed the publ lc hearing. Cone ideration of Resolution Covering Prel iminary Determination: Mr. Brown read [he title of Resolution No. 84-19. AESOLU'iION NO. 84-19 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OP A REPORT ON BAID IMPROVEMENT. MOTION: Moved by Buque[, seconded by Schlosser co approve Resolution Na. 84-19 and waive full read ing. Motion carried unanimously 5-0. City Council Minutes Pebruary 1, 1986 Page 8 Considers[ ion of Resolution approving Report and se[C ing public hearing: Mr. Brown read the title of Resolution No. 84-20. RESOLUTION N0. 84-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIPORNLA, PASSING ON THE "REPORT" OF THE ENCINF.ER, GIVING PRELIMINARY APPROVAL, AND BETTING A TIME AND PLACE OF PUBLIC HEARING. MOTION: Moved by Dahl, seconded by Schlos aer to approve Resolution No. 84-20 and waive full reading. Motion carried unanimously 5-0. Consideration of Engineer's Report and setting publ is hearing: Mr. Brown read the title of Resolution No. 84-21. RESOLUTION N0. 84-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CAh IPORNIA, APPROV INC A REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMI- TATION AND MAJORITY PROTEST ACT OF I93I", AND FIX- ING A DATE OF HEARING THEREON. MOTION: Moved by Schlosser, seconded by Buquet [o approve Resolution No. 84-21 and waive full reading. Motion carr tad unanimously 5-O. Considers[ ion of Resolution authorizing Sale of Bonds. Mr. Brown read the title of Resolution No. 84-22. RESOLUTION N0. 84-22 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONCA, CALIFORNIA, AUTHORIZING THE SALE OP SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVE- MENTS IN A SPECIAL ASSESSMENT DISTRICT. MOTION: Moved by Dahl, seconded by Schlosser to adopt Resolution No. 84-22 and waive full reading. Motion carried unanimously 5-0. Council discussed the formacion of the Assessment Diatr ict and went over the items as follows: Issue: Advance notification of intent to develop. Mr. Brown stated chat orig- inally it was set for five years, but he Is contempLatidg 2 or 3 years notice would be cuff lc lent. ACTION: After polling the Council, SC was [he conceneus to reduce from [he five years [o a three year advance no[Sce. Issue: Mr. Brown asked if at [he [Sme [he not if [cation fa given [he Ci[y, should the property owners be required co pay all past loan amounts, or should they be allowed to accumulate and 6e paid at time of development? City Council Minutes Pebruary 1, 1984 Page 9 ACTION: Conceasus of Council was when they give notice, [hey will start payl ng the payments as they come due at Chat point the amount accumulated up to the po Lnt of the notice viii be paid upon development at the end of [he [h ree year period. The City Attorney stated that if you defray the payment of the accumulated amounts until the expiration of notice period to what IE Che person doesn't then come in and pay [he balance ac that time. The accumulated amounts are not Liens against [he property since you have agreed not to secure [hem by deed of trust. He suggested that iE you do not required payment at the time the notice is given so a8 to make the notice opera[ lve, Chen you include a provision that if a[ [he end of the notice period the accumulative amounts are no[ paid, then the notice is no longer valid and a new notice period would have to commence before [he development could occur. Councilman 8uquet suggested that when notice ie given that the a9aeasmenta be made current (that is [he accumulated amounts which the City hoe paid plus in- terest on that amount) be paid off and from the point on the asaesamente will be payable when due. Councilman Frost suggested that we hold off the payment when notification is given until the time that permits are pulled. ACTION: Council concurred Ln the position of payment a[ the time notice Is given. Issue: po we want [o allow development to occur before the three year notifi- cation period expires? Mr. Brown stated she only suggestion he had considered would be s[r1c [ly a pay- ment of dollars to the City at a apecif ied time; penalty payment for early dis- charge and rel lef Erom the ehree year term; a percentage amount based upon [he amount of their asses amen[. He did no[ object to a dollar pay off figure, but preferred a time limit. ACTION: Count ll concurred for draft application to include a provision for a buy out at chat period of time for consideration at the next meeting. Issue: Should the term be 15 years ins teed of the original IO yea ra? ACTION: Council concurred with the 15 year term. Issue: Should interest cease upon the end of the fifteen year teem? ACTION: Council concurred that the interest should cease at the end of the term. Issue: Should there be a waiver of protest rights? They had no objections Sn waiving the protest rights. Mayor Mike is explained that this glues the people who sign the agreement the right to at ill protest the Assessment Oie [ric [. ACTION: Council concurred In deleting the waiver of prof set rights. -., City Council Minutes February 1, 1984 , Page 10 Issue: When recording of trust deed -- recommended that [he agreement itself be recorded wichout a Cruet deed on the property. ACTION: Council concurred in the recordation of the agreement itself. Issue: The agreement being applicable or triggered or prohibiting future sub- division activity only or being more restrictive than thaC. ACTION: Counc ll concurred Chat when a parcel map or a minor subd ivieLon is submic cad for development, [hat based upon engineering criteria the portion of the properly proposed for development ae part of Che minor subdivision or par- cel map will be assessed Sta percentage share of the total assessment and must be paid at the time a building permit is issued. Por those who wish to parcel their property [o build another house on their property, there would be a for- mula apportioning [he assessment similar to what we have in establishing the drainage fee. •ss t• Mayor Mikels called a recess at 10:35 p.m. The meeting reconvened at 10:55 p.m. with all members of the Council and staff presene. :~~~• 48. DAY CREEK COMMUNITY FACILITIES ACT DISTRICT. Resolution of Intention to hold hearing on the calling for an election to form a Community Facilit Les Act District to cons[ ruct portions of Day Creek Channel. Hearing date to be set on March 7, 1984. Staff report by Lloyd Hubbs, Ci[y Engineer. Bill S[uke, Willdan Asaociatea, presented report to Council. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Doug Walker, repreaeating Lewis Homes, expressed that cans iderable more s [udy needed to be done. They were not convinced thac the Nello-Roos was the vehicle to building the channel. Aandy Bond, General Manager of Edison Company, expressed concern that they would bear a dlsapportionate share in this district. They do not dispute [he need for flood control, but felt the Fd ison Company should be excluded. Wayne Blaneon asked how the boundaries were determined? Mr. Stuke respond- ed to his question. MacKenzie Brown read th¢ tit lea of Resolution Nos. 84-29, 84-30, 84-31, 84-32, and 84-73. RESOLUTION N0. 84-29 A RESOLUTION OP THE CITY COUNCIL OP THR CITY OF RANCHO CUCAHONCA, CALIFORNIA, ESTAeLISNING A SPE- CIAL REVOLVING FUND POR THE PURPOSE OF PAYING FOR CERTAIN COSTS AND ERPENSE5 RELATING TO A COMMUNITY FACILITI RS DISTRICT. ,, City Council Filnutes February 1, 1984 page !L RESOLUTION N0. 84-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA. CALIFORNIA, ADOPTING BOUNDARY HAP SHOVING PROPERTIES AND LAND TO BE BERVED EY CERTAIN PUBLIC CAPITAL FACILITIES IN A COMMUNITY PAC ILITIES DISTRICT. RESOLUTION N0. 84-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTEN- TION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAR TO PAY FOR CERTAIN PUB- LIC FACILITIES VITHIN SAID COMMUNITY FACILITIES D1sTRICr. RESOLUTION N0. 84-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOITCA, CALIFORNIA, ORDERING AND DIRECT- ING THE PREPARATION OP A FINAL "REPORT" FOR A COM- MUNITY FACILITIES DISTRICT. RESOLUTION N0. 84-33 A RESOLUTION OF THE CLTY COUNCIL OF THE CLTY OF RANCHO COCAMONCA, CALIFORNIA, DECLARLNG INTENTION TO ISSUE RONDB SECURED BY SPECIAL TAXES TO PAY FOR CERTAIN FA- C ILCTIES IN A COMMUNITY FACILITIES DISTRICT. MOTION: Moved by Buque t, seconded by Dahl to approve ReaoLut ion Nos. 84-29, 84-30, 84-31, 84-32, and 84-33 and waive full readings. Moc ion carried unanimously 5-0. 50. APPROVAL OF CONDEMNATION AGREEMENT NITN R.C. LAND CO. Construction of Training Levee providing Flood Proteetlon for Tracts 11934, 12044, 12045, and 12046. Approval Is recommended of agreement with R.C. Land Co. to cover all cos [a involved in the condemnation of lands required for [he construction of a Flood protection training levee. Staff report by Lloyd Hubby, City Engineer. Mr. Dougherty stated the Agreement au[ho razes the City to proceed with eminent domain proceedings tf necessary. This would obi agate us [o proceed. It would be best not to proceed with the Agreement at this time iE Council would not wish to proceed with candemnat ion action. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Richard Anderson, represent Sng Wayne Blanton one of the owners of one of the parcels. Mr. Anderson requested denial of the Agreement. Jim McGuire stated that [he property is for sale and he Se willing to sell. Vayne Blanton stated they have offered their property to the William Lyon Company, but it they wanted to buy it for a dike, then they will have [o buy the entire 75 acres. Gary Mechlin, William Lyon Company, wanted to cake it clear Chat Chey never went to Mr. Blanton and threatened to go to Che City if he did not sell his property. Mr. Hubby stated 1[ would be best [o proceed with an appraisal. r City Council Ninu[ea February 1, 1984 ~ Page 12 Mr. Dougherty responded [hat if the Blantons and other property owners could agree on an appraiser, chat would be best. Cary Mechlin at a[ed Che rea9on9 the levy had [o be put there to dever[ wa- ter from the we at Co the temporary channel per [he Army Corps of Engineers. After further dleeusa ion, Mayor MLkels stated the Cauncll will continue the item to the first meeting in May unless the appraiser is completed prior to Chat time. 6. CITY MANAGER'S STAFF REPORTS There were no items submitted. 7. CITY ATTORNEY'S REPORTS There were no items submitted. B. COUNCIL BUSINESS BA. PROGRESS REPORT ON STATUS OF EFFORTS OF ETIWANDA HISTORICAL SOCIETY - An oral report was given by James C. Proet in regards to [he progress Ln the relocation of the Chaffey-Garcia House. 8B. EXPIRATION OF TERNS OF OFFICE ON PARRS COMMITTEE. The terms of office Eor Leslie Riggs and Pam Henry on the Parka Committee expired on January 20, 1984. Mayor Mikela recommended that Leslie Riggs and Pam Menry 6e reappointed for an- other term. MOTION: Moved by Frost, seconded by Schlosser to rat Sfy the Mayor's reappointment of Leslie Aiggs and Pam Nenry for another term on the Parks Commf [tee. Motion carried unanimously 5-0. 9. ADJOURNMENT MOTION: Moved by Buquet, seconded by Dahl to ad bourn the meeting. Motion car- ried unanimously 5-0. The meeting ad lourned at 12:27 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk