1991-0709_JOHNES, DONALD L. & CHERYL E._Surety AgreementSURETY AGREEMENT FOR GRADING, AND PROPERTY RESTORATION
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation, hereinafter referred to as the "City" and Donald L. and
Cheryl E. Jones referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No.21267-B to Developer to construct
certain designated improvements, more particularly described in Exhibit "A" attached
and incorporated herein by reference, which said improvements constitute a portion of
that real property at the location of Parcel 2 of PM88-402 commonly referred to as
31686 Avenida Evita, San Juan Capistrano.
WHEREAS, San Juan Capistrano Municipal Code 8-3.05 requires the posting of
financial security to secure the faithful performance and labor and materials for grading
connected with issuance of grading permits.
WHEREAS, San Juan Capistrano Municipal Code 8-3.06 authorizes the Building
Official to require additional bonding as security to ensure against adverse aesthetic
impacts arising from incomplete grading and/or improvements from development
projects which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly
prominent and visible to the community, has unique topographic features or involves
substantial grading of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the on site grading.
The grading permit and plans, which further defines the improvements in Exhibit "A", are
on file in the office of the City's Building Official, and all documents referenced in
Exhibit "A" are incorporated herein by reference.
2. Developer's Security. Developer shall provide a Certificate of Deposit, subject
to the approval of the City's City Attorney, to secure Developer's grading obligations
required under this agreement.
The amount of the bond shall be $10,000.00 for that work described in
Exhibit "A". This security of $10,000.00 shall also serve as security for restoration of the
site. A copy of the surety instrument, as approved by the City Attorney, is attached as
Exhibit "D".
3. Developer Default. In the event Developer does not complete the required
grading ifnprove inents, including erosion -control measures within the time required, or
abandons the project site, or suspends work for more than twenty working days other
than previously prescribed, City shall have the right to immediately declare a default and
to make demand on the surety for performance.
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9 •
4. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows
the City to require bonding a security to ensure against adverse aesthetic impacts arising
from incompleted grading and/or improvements. The purpose of this bonding shall be to
restore the property to its original condition if the Developer defaults. This restoration
shall include:
1. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
2. Remove all debris and construction materials from the site; and
3. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
5. Attorney's Fees. Developer agrees to pay City such sum as the court may
adjudge as reasonable for the legal services of an attorney representing City in an action
brought to enforce or interpret the obligations of this agreement, and such sum shall be
made a part of any judgment in such action against Developer if such action is
determined in favor of said City.
6. Developer's Work in Safe Condition. Developer shall perform all work in a safe
workmanlike manner and shall take such precautions as may be necessary to warn and
protect the public from any dangerous condition caused by the construction of said
improvements.
7. Liability. Developer shall hold City, its officers and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents
or employees in the performance of this agreement.
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0
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In Witness Whereof, the parties have executed this agreement as
of July z , 19 91_ at San Juan Capistrano, California.
r
Approved s to
By: Joh w
City Attorney
Cit of S��Capi�_
By: Daniel W. McFarland
Building Official
Principal(s)
By: l _
Cheryl E. ones
Title: Developer
By:
Title:
By:
Title:
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C -I
EXHIBIT "A"
JONES RESIDENCE
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations
in accordance with Grading Permit No. 21267-B and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 31686 Avenida Evita prepared by Meyer and Associates,
Robert F. Daniels, RCE No. 52419 dated February 22, 1991.
(B) Geotechnical Report for 31686 Avenida Evita prepared by Zeiser
Geotechnical, Inc., Henry Kling No. 42395, dated March 6, 1991.
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EXHIBIT
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
7/22/91 Rough Grade Certification
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EXHIBIT "C" a
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 21267-B.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 21267-B.
Winter grading will be conducted in strict accordance with the dynamic erosion -
control plan submitted by the developer, and approved by the City. This erosion -
control plan reflects erosion mitigation measures for expected grading conditions as
the work progresses through the winter season and shall not be amended except with
the permission of the City.
In the event Developer does not wish to implement winter grading, or permission for
winter grading is rescinded, static erosion -control plans reflecting current conditions
of grading shall be submitted within ten (10) days of cessation of work. These plans
shall include erosion -control planting as required by the City.
C. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, by the supervising civil
and soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
D. Except as specified in "G" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 21267-B including erosion -control measures
and landscaping and irrigation, shall constitute default of this agreement.
E. The supervising civil engineer and soils engineer shall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report,
for that work completed at the time work is suspended for the rainy season (see "G"
below), shall be filed with the Building Official. This interim report shall conform to
the grading code requirements for Final Compaction Reports.
F. Contractor shall control dust to satisfaction of Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
G. Grading operations suspended during the rainy season shall be resumed no later than
15 days from date of suspension.
H. Installation of interim erosion control devices and systems shall commence within
seven (7) days after rough grade certification has been approved by the Building
Official and must be completed within fifteen (15) days of rough grade
certification. Final erosion control landscaping and irrigation systems shall be
installed prior to final inspection of the grading permit.
I. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
M
J. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
K. Parking for construction crew is to be on site.
L. Construction and grading equipment traffic shall take access from Avenida Evita.
No heavy equipment traffic will be permitted on Ortega Highway. Developer shall
provide all traffic control measures as required for safe vehicular movement and
shall secure an encroachment (haul -route) permit from Public Works prior to
issuance of the grading permit.
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DOWNEY SAVINGS AND LOAN ASSOCIATION
• Account No. - - -
ACCOUNT "'N" p i I- . I'S OR DCIr`i,)Llt
NT T N ni T S'j
Opening Balance $ ' Date of Issuance . F
current Rate Of Earn n$c r' %Per Annum Initial Term
Initial Maturity Date - 1' V . Funds Available On
Renewal Term — See Automatic Renewal Section Extended Maturity Date — See General Section
i t�ii...l!'
Frequency of Compounding Minimum Addition All.wadi
Minimum Balance Requirement $ Additions Permitted Uohl — See
Earnings Section
Earnings distribution dates beginning " s and
thereafter, with the last distribution on the final maturity date or close of the account
GENERAL This call that the Account Holder holds a savings account with the Opening Balance and for the Imbal Term
expnng on the initial Maturity Date Shown hi(aYb i. ti
Downey Swmi All Loan AuocMllOn Branch.
The Account HOder may. from time to time, wet the consent of the Assoctahon, make additions to the balance is this
account in any amount not lest than the Minimum Addition provided for In Account Summary section above Until the close
of business on the date for which additions are permitted as set torn above. with the consent of the Association, the
Account Holder may, without extending the Maturity Date of the account, make additions to this account in amounts not less
than the Minimum Addition provided form Account Summary section. After that dateon further additions may be made to INS
account.
I NO amignment of this account in excess of 52,500 shall be accepted that snail any verification of Information with respect
thereto ba valid or binding. uness signed by the President or a Vico President of Downey Savings and Loan Amociattoo
I THIS ACCOUNT IS NOT TRANSFERABLE EXCEPT ON TIE SOONS OF THE DEPOSITORY INSTITUTION.
EARNINGS FIXED-RATE ACCOUNTSThis account shall receive earnings at the rate and with the Frequency of
Compounding as above set forth Such earnings shall be payable on the Earnings Distnbution Dates also set connhowever. it
Me balance in the account is reduced below the Minimum Balance Requirement, the Rate of Earnings on the remain, rg balance
shall thereafter ba reduced to the rate than pad qn regular savings acmunts. (See also Automatic Renewal and Penalty Clause I
AUTOMATIC RENEWAL: This account shall be automatically renewed at the close Of business on the Initial Maturity Date
or the Maturity Date of an renewed or Extended Term unless (1) withdrawn within the day grace period.
or (2) at least days poor to any Stuart date. the Assoclat10n gives written notice to the Account Holder
that this account will not be renewed at the Rate of Earnings aro/or the Renewal Tenn set forth above. In such event, the
account wtd either be extended tot sun additional term and such Rate of Earnings as Set tont in sold notice, or Ind account
will be converted to a regular savings accwnt and receive earnings at the rate than pard on regular Savings accounts. The
Rate of Earnings for any Renewal Tenn Shall be based on tia method add manner for calculating Initial Current Rate of
Earnings, or may be detennmed in a different way provided that at least days prior to a Maturity Date the
Association gives whom notice to the Account Holder setting forth the changes.
(NOTE: If terms and conditions are changed as provided above, this certificate to, may be reused provided appro-
pirate changes are made in Renewal History Section or on postebver in Account Summary Scion.)
PENALTY CLAUSE Except as otherwise prodded herein, the following indicated provisions apply on any withdrawal
before the end Of the term.
My wlthi mesal whist reduces the Account Balance below the Minimum Balance Requirement, or any charge In the
Term or Rate of Earnings. shell to consdan d as a withdrawal of the entire amount balance and Shall be subtlest to the penalty
preacnbed haddan Fernings childhood to Mia account during any Tenn may be withdrawn at any time tlunng Such term
without penalty. If the account is renewed at the more earnings rata, eamrngs during the protecting term, as well as the
current tens, may be withdrawn at any time without penalty during the renewal artn. If Me redawad dim late is drfferent.
samings in the amount at the cpmmancement of the mrawal and Shall to deemed merged with the proti aid only
earnings for the renewal term may be withdrawn at any time without penelty during suer hand
&324](189)
0
DATE WITHDRAWALS INTEREST DEPOSITS SVM.
1 07/08/91 10,000,00 10.000.00
2 07/0(3/91 BALANCE AT 05.800% AVAILABLE 08/09/91
IT IS A WISE MAN WHO LEARNS TO EARN, GIVE AND SAVE MONEY.
TNI81`A88800NISYOUR NECEIPT-PRF$ ITFON EACHTRANSACTION
40 DOWNEY SAVINGS 10
.D 10.1 ASSOCIATION
ASSIGNMENT
CHERYr F JnNER OR DONAr n r JONES , hereinafter called ASSIGNOR,
whose address is 11 682 AVE FVTTA SAN JUAN CAPISTRANO
does (do) hereby assign and set over to CITY OF CAPISTRANO
hereinafter referred to as ASSIGNEE, all right, title and interest of whatever nature, of Assignor, in and to the
insured account of Assignor in the Downey Savings and Loan Association, evidenced by aCERTIFICATE
9F BEPDSiT in the amount of In .000.00 , numbered 49-02049172
which is delivered to the Assignee herewith. Assignor agrees that this Assignment carries with it the right in the
insurance of the account by the Federal Savings and Loan Insurance Corporation, and includes and gives the
right to the Assignee to redeem, collect, and withdraw the full amount of such account at anytime without notice
to the Assignor. Assignor agrees that this Assignment is given as security for THE ASSURANCE OF
ON a,SITg C;RApTNCWARK PFR Pi ANR ANF) SPFCTFTCATTONS TO THE (-TTY OF SAN JUAN
EhRISTRANA SATISFACTION AFTER WHTCH TIME CTTY AGREES TO RELEASE TO
D9WN-fid—S AAII-NGS AND rnAN FOR THIS ACCOUNT
Assignor hereby notifes Downey Savings and Loan Association of this Assignment.
O' • ' c
Dated this day of 19
By
RECEIPT FOR NOTICE OF ASSIGNMENT
Receipt is hereby acknowledged to the Assignee
of written notice of the assignment of said Assignee
of the Account and Certificate identified above. We
have noted in our records the Assignee's interest in
said account as shown by the above assignment and
have retained a copy of this sheet. We certify that we
have received no notice of lien, encumbrance, hold,
claim, or obligation of the above -identified account
prior to the assignment to the Assignee. We agree to
make payment to the Assignee upon request in
accordance with the savings and loan law applicable
to this Association.
Dated this I day of--?�
, 19 —/
DOWNEY SAVINGS AND LOAN ASSOCIATION
RECEIPT FOR CERTIFICATE
AND
DIRECTION TO PAY EARNINGS
Receipt is acknowledged of the above assignment
and the Certificate identified in the above assignment.
Downey Savings and Loan Association is hereby
authorized and directed to pay any earnings on the
above -identified account to the above-named Assignor
until otherwise notified in writing by the Assignee.
Dated this day of
By
Authorized Employee
350L,JAMBORaE RD NEWPORT BEACH CA 92660
SA -70 (11/86)
19
0
DRUG USE
Is
B
March 11, 1992
Mr. & Mrs. Donald Jones
31686 Avenida Evita
San Juan Capistrano, CA 92675
Juan
mto.Iouno
nuunno 1961
1776
MEMBERS OF THE CITY COUNCIL
JERRY HARRIS
KENNETH E FRIESS
GARY L HAUSUORFER
GIL JONES
JEFFVASOUEZ
CITY MANAGER
STEPHEN B JULIAN
Re: Release of Savings Passbook - Security for Grading and Property Restoration at
Property Located at 31686 Avenida Evita, San Juan Capistrano
Dear Mr. & Mrs. Jones:
Attached is your Savings Passbook No. 4902049172 from Downey Savings & Loan
Association in the amount of $10,000.00. Said Savings Passbook was given to the City as
security for grading and property restoration at property located at 31686 Avenida Evita,
San Juan Capistrano (Parcel 2 of Parcel Map 88-403). Work has been completed to the
satisfaction of the City of San Juan Capistrano and the Savings Passbook is hereby
released.
If you have any questions, please do not hesitate to call.
Very truly
yours,
1tdJt-lui l" ' J
Dawn M. Schanderl
Deputy City Clerk
Attachment
cc: Daniel W. McFarland, Building & Safety Manager
Downey Savings & Loan Association
This is to acknowledge that I have received the Savings Passbook No. 4902049172 from
Downey Savings & Loan Association in the amount of
�, Donald L. an or C ery .Jones
Dated this L ---day of1992.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171
MEMORANDUM February 27, 1992
TO: Dawn Schanderl, Records Coordinator,
City Clerk
FROM: Daniel W. McFarland, Building & Safety Manager
Department of Engineering and Building
SU13JECT: Surety Bond - Certificate of Deposit - Grading Bond
This memo will serve as authority to release the Certificate of Deposit #4902049172
from Downey Savings and Loan Association posted by Cheryl E. Jones and Donald L.
Jones as surety for grading and property restoration of property referred to as 31686
Avenida Evita, San Juan Capistrano.
Thank you for your assistance in this matter.
DM/st
Attachment
cc: Building File
STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Cheryl E. Jones or
Donald L. Jones , as Principal, hereinafter called
CONTRACTOR, and Downey Savings ,
as Surety, hereinafter called SURETY, are held and firmly bound unto
the City of San Juan Capistrano, as Obligee, hereinafter called CITY,
in the amount of Ten Thousand and 00/100 Dollars
($ 10,000.00 ) for payment whereof Contractor and Surety bind them-
selves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful per-
formance bond pursuant to the statutory requirements of the San Juan
Capistrano Municipal Code to guarantee certain work, more particularly
described as follows: Grading and property restoration as authorized by
grading permit No. 21267-B at 31686 Ave. Evita, San Juan Capistrano, California.
NOW, THEREFORE, the condition of this obligation is such that,
if Principal shall promptly and faithfully perform said statutory
obligation, then this obligation shall be null and void; otherwise
it shall remain in full force and effect. Surety waives whatever
legal right it may have to require that a demand be made first against
the Principal in the event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition
to the face amount specified, there shall be included costs and
reasonable expenses and fees, including reasonable attorney's fees,
incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or modification
of statutory obligation, or of the work to be performed thereunder,
shall in any way affect its cbligations or this bond, and it does
hereby waive notice of any such change, extension of time, alterations,
or modifications, or of the work to be performed thereunder.
Executed this day of July 1991 at
. California.
APPROVED ASTOFORM.
C�?L
J n R. Shaw
ty Attorney
PRINCIPAL.
B' Cheryl E. ones'
Title Contractor
SURETY N/A
C.D. - Downey Savings
By_
Title
Page 2.- STATUTORY PERFORMANCE BOND
•
`C[1f iertnu41
W
AmoarrM wHt wnn d l Maryr M dsys
In the event of any withdrawal of Mm'Pal from this account prior to the mai date, the account holder shall toill an
amount at less, Bpual to the amounttrue of interest trcould have bsen aemed on the amount withdrawn at the pommel ismi
Merest) rete being paid had Me funds remained on dapoait until mefudty. The panam, Preacnbed herein will not Da imposed
for a witrdrawal of pdricipal lglawirg ere death or adjudication d incompetence of any acmunt holder.
Aaglnb wf6t Irma of 32 Oviedo 162 dry"
In the even[ of any wthddin al of principal Iran this account prior to the matunty date. the account holder shall lofted an
amount equal to one month awls, nommel interest at the rete in effect on Me date of mmdrawal, whether earned or wt.
when me original maturity is 1112 days or lees, regardlese of the length of time the funds withdrawn have remained in the
account. The penally prescrlined herein will not be imposed for a wlmdrawal of pnncipal following the death or adjudication of
incompetence of any account holder.
Aceamb Nilly YmY of 133 mralgh 366 days
In the event of any withdrawal of principal from this account poor to the maturity date. Me accounmolder shall torten an
amount equal to three months simple nominal Interest at the rate in affect on the date of the wMdrawal. whether earned or
not, when tie original maturity is 365 days or less. regardless of Me length of time Mar funds withdrawn have remained m the
account The penalty presctlbad herein will not be imposed for a withdrawal of principal following the death or adjudication of
incompetence of any account holder.
Accouhb wits, tomo of 386 days W seal
In the event of any withdrawal of principal from Mis account prior to the maturity date, the account holder shall forfeit an
amount sal to 6 months simple, nominal interest at the rate in effect on the date of me withdrawal, whether sumac or not,
when the original maturity is 366 days or more, regardless of Me length of time the funds withdrawn have remained in the
account. The penalty prescnbed herein will not be imposed fora withdrawal of principal folfowmg the death oradjud,caftod of
i--i-n— nl emr.r`rniim MW<r
IMPORTANT INFORMATION ABOUT YOUR
SAVINGS ACCOUNT
CHECK CASHING AND CLEARING
FOR YOUR PROTECTION AND OURS WHEN A CHECK IS ACCEPTED, A HOLD
FOR THAT AMOUNT MAY BE TEMPORARILY PLACED ON yOUR DOWNEy SAYINGS
ACCOUNT UNTIL THE CHECK CLEARS.
ANGE
No* Ofe Awodebw ImmeGleyt* If Of th+a BpOK CS Malwitp OF ADDRESS.
PLEASE MOM OR MAL THIS PASSOOOK WRH YOUR SAYMS,TRAfffiACTIpNB,
••
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r...
•
a
LENDER
....
0 •
MEMORANDUM
TO: David P. Bentz, Director of Administrative Services
,,//,�,� �
FROM: Dawn M. Schanderl, Records Coordinator Gl/7��--'
DATE: July 10, 1991
SUBJECT: Savings Passbook - Cheryl E. and Donald L. Jones
The following Savings Passbook with Letter of Assignment was received from Daniel
McFarland, Building Official, as surety for grading, and property restoration on property
located at 31686 Avenida Evita, Parcel 2 of Parcel Map 88-402:
Surety: Savings Passbook No. 4902049172
Amount: $10,000.00
Bank: Downey Savings and Loan Association
Please put attached Savings Passbook and Letter of Assignment in the safety deposit box.
Thank you.
cc: Cheryl Johnson, City Clerk
Daniel McFarland
0
MEMORANDUM
TO: David P. Bentz, Director of Administrative Services
�y,�
FROM: Dawn M. Schanderl, Deputy City Clerk tv/' �-+--
DATE: March 2, 1992
SUBJECT: Release of Savings Passbook No.
On February 27, 1992, the City Clerk's office received a memorandum from Daniel W.
McFarland, Building & Safety Manager, to release the following Savings Passbook as all
work per agreement has been completed to the satisfaction of the City:
Savings Passbook, Account No 4902049172 from Downey Savings & Loan
Association in the amount of $10,000.00 held as security for the grading and
property restoration at property located at 31686 Avendia Evita, San Juan
Capistrano and owned by Donald and Cheryl Jones.
Please release from the safety deposit box the above -referenced savings passbook.
Thank you for your cooperation.
cc: Daniel W. McFarland, Building & Safety Manager
0
March 20, 1992
0
Ken
Mr. & Mrs. Donald Jones
31686 Avenida Evita
San Juan Capistrano, CA 92675
Re:
Dear Mr. & Mrs. Jones:
I have your above -referenced Savings Passbook ready for release. I have
been unable to reach you by telephone. Please contact me at (714) 493-
1171 extension 243 to arrange a convenient time so you may pick up your
passbook.
Very truly yours,
Llwp? - S6wland"L,
Dawn M. Schanderl
Deputy City Clerk
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
MEMBERS OF THE CITY COUNCIL
JERRY HARRIS
KENNETH E FRIESS
GARY HAUSDORFER
aielu;xm
1776
1961
GIF JONES
JEFF VASOUEZ
•//��
•
CITY MANAGER
.lI
STEPHEN B JULIAN
Mr. & Mrs. Donald Jones
31686 Avenida Evita
San Juan Capistrano, CA 92675
Re:
Dear Mr. & Mrs. Jones:
I have your above -referenced Savings Passbook ready for release. I have
been unable to reach you by telephone. Please contact me at (714) 493-
1171 extension 243 to arrange a convenient time so you may pick up your
passbook.
Very truly yours,
Llwp? - S6wland"L,
Dawn M. Schanderl
Deputy City Clerk
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171