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HomeMy WebLinkAbout2001/04/18 - Agenda Packet CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT CITY COUNCIL REGULAR MEETINGS: IsT and 3rd Wednesdays, 7:00 p.m. April 18, 2001 Aqency, Board & City Council Members William J. Alexander ....................Mayor Diane Williams ...............Mayor Pro Tem Paul Biane ...............................Member Bob Dutton ................· ..............Member Jack Lain .........................City Manager James L. Markman .............City Attorney Debra J. Adams .....................City Clerk ORDER OF BUSINESS 5:30 p.m. 7:00 p.m. Closed Session .................................. Tapia Conference Room Regular Redevelopment Agency Meeting ...... Council Chambers Regular Fire Protection District Meeting... Council Chambers Regular City Council Meeting ...................... Council Chambers City Council Agenda April 18, 2001 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander Biane Dutton , and Willjams__ B. ANNOUNCEMENTS/PRESENTATIONS Presentation of a Proclamat!on to the family of Helen Kilmurray in recognition of her 16 years of service as Branch Librarian for the City of Rancho Cucamonga. C.~. COMMUNICATIONS FROM THE PUBLIC This iS the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D~ CONSENTCALENDAR 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 discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: February 21, 2001 March 7, 2001 March 21,2001 2. Approval of Warrants, Register Nos. 3/21/01, 3/28/01 and 4/4/01 and Payroll ending 3/25/01 for the total amount of $3,400,851.37. 3. Approval to receive and file current Investment Schedule as of March 31,2001. Approval to authorize the advertising of the "Notice Inviting Bids" for the Almond Trail Drainage improvements from Beryl Street to 1400 feet west, to be funded from Account No. 11123035650/1228112-0. 1 29 36 City Council Agenda April 18, 2001 2 RESOLUTION NO. 01-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ALMOND TRAIL DRAINAGE IMPROVEMENTS FROM BERYL STREET TO 1400 FEET WEST" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Amethyst Avenue Street and Storm Drain Improvements from 300' north of Roberds Court to 450' north, to be funded from Account No. 10013165650/1233001. RESOLUTION NO. 01-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 6. Approval to authorize the advertising of the "Notice Inviting Bids" for the "North Etiwanda Security Wall Project." RESOLUTION NO. 01-084 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "NORTH ETIWANDA SECURITY WALL PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Approval to authorize the advertising of the "Notice Inviting Bids" for the Wilson Avenue Landscape Improvements from San Sevaine Road to Cherry Avenue, to be funded from Account No. 11103165650/ 1245110-0. 39 44 46 51 53 57 City Council Agenda April 18, 2001 RESOLUTION NO. 01-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE '~NILSON AVENUE LANDSCAPE IMPROVEMENTS FROM SAN SEVAINE ROAD TO CHERRY AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 8. Approval of Resolutions declaring Intention to Establish Community Facilities District 2001-01 and to authorize the Levy of a Special Tax therein to finance the provision of certain public infrastructure (CO 01- 026 - Reimbursement Agreement). RESOLUTION NO. 01-086 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ESTABLISH CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT 2001-01 AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT 2001-01, AND APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT RESOLUTION NO. 01-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS WITHIN EACH OF THE PROPOSED IMPROVEMENT AREA NOS. 1, 2 AND 3 OF PROPOSED CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 9. Approval of a Resolution consenting to a Joint Public Hearing with the Rancho Cucamonga Redevelopment Agency on the Redevelopment Plan and Supplemental Environmental Impact Report for Amendment No. 2 to the Rancho Redevelopment Project. RESOLUTION NO. 01-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO A JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR AMENDMENT NO. 2 TO THE RANCHO REDEVELOPMENT PROJECT 60 65 69 118 120 '122 City Council Agenda April 18, 2001 4 10. Approval of Map and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 15398, located on the south side of Wilson Avenue approximately 800 feet west of Beryl Street, submitted by Keystone Investments, LLC. RESOLUTION NO. 01-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15398 RESOLUTION NO. 01-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP NO. 15398 11. Approval of Improvement Agreements, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District No. I for DR 00-31, located at the northwest corner of Sixth Street and Milliken Avenue, submitted by Jefferson at Empire Lakes, LP. RESOLUTION NO. 01-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES FOR DR 00-31 RESOLUTION NO. 01-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR DR 00-31 12. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit, Ordering the Annexation of Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 for Tract 16105, located between East Avenue and the I- 15 Freeway, south of Base Line Road, submitted by Rancho Cucamonga Land Co., LLC, a California Limited Liability Company. 123 126 127 136 139 140 146 City Council Agenda April 18, 2001 RESOLUTION NO. 01-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16105, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 01-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 16105 13. Approval of a Resolution in support of a Reprogramming of Grant Funds for a Teen Connection Grant. RESOLUTION NO. 01-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR A TEEN CONNECTION PROGRAM 14. Approval to appropriate $8,100 in Account No. 10013035605 for the purpose of purchasing Computer Equipment and $10,000 in Account No. 10013025300 for the purpose of converting Building and Safety Plans to an Electronic Format. 15. Approval to appropriate funds in the amount of $42,500 for a Performing Arts Center Feasibility Study (CO 01-027) funded by Forest City Development (Account Number 10014015303). 16. Approval to accept the bids received and award and authorize the execution of the Contract in the amount of $134,477.42 ($122,252.20 plus 10% contingency) to the apparent low bidder, E.G.N. Construction, Inc., (CO 01-028) for the Arrow Route Cross-Gutter Removal west of Hellman and the Hellman Avenue Drainage Improvements north of 9th Street, to be funded from Measure I Funds, Account Nos. 11763035650/1221176-0 ($62,437.50) and 11763035650/1264176-0 ($72,039.92). 17. Approval of Professional Services Contract with Beard, Provencher & Associates, Inc. (CO 01-029) for Plan Check Fire Protection System Review. 149 150 161 168 170 171 172 177 City Council Agenda April 18, 2001 18. Approval of Notice of Assignment of Development Agreement No. from U.C.P., Inc., to Rancho Etiwanda 685, LLC, for property generally located north of SR-30, east of Day Creek Channel, west of Hanley Avenue and south of the westerly prolongation of 25th Street. 184 E~ CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act them upon at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. NoltemsSubmitted. ~ ADVERTISEDPUBLICHEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. No Items Submitted. G. PUBLICHEARINGS The following requirements. testimony. items have no legal publication or posting The Chair will open the meeting to receive public No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. REQUEST FROM CALTRANS TO OPEN THE SR-30 (210) / 1-15 INTERCHANGE 192 L COUNCILBUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE 194 City Council Agenda April 18, 2001 RENAMING OF LA MISSION PARK IN THE TERRA VISTA PLANNED COMMUNITY TO RALPH LEWIS PARK CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH CAL STATE SAN BERNARDINO (CO 01-030) TO PROVIDE PROGRAMMING FOR CITY'S PEG CHANNEL CONSIDERATION OF APPOINTMENT OF MEMBER TO THE CITY COUNCIL FOR THE REMAINING TERM OF COUNCIL MEMBER JIM C U RATAL O 203 204 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the city Council from addressing any issue not previously included on the Agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 12, 2001, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. February 21, 2001 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinp~ A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 21, 2001 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Craig Fox, Deputy City Attorney; Linda D. Daniels, Redevelopment Agency Director; Larry Temple, Administrative Services Director; James C. Frost, City Treasurer; Shelly Munson, Information Systems Specialist; Lorraine Phone, Information Systems Analyst; Brad Buller, City Planner; Nancy Fong, Sr. Planner; Bill Makshanoff, Building Official; Joe O'Neit, City Engineer; Shintu Bose, Deputy City Engineer; Bob Zetterberg, Integrated Waste Coordinator; Cindy Hacket, Associate Engineer; Jerry Dyer, Associate Engineer; Barrye Hanson, Associate Engineer; Keyin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Jodi Sorrell, Marketing Manager; Deborah Clark, Library Director; Lt. David Lau, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Sam Spagnolo, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Jenny Haruyama, Management Analyst I, and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Introduction of newly assigned deputies: Detective Suzanne Cefalu, Deputy Michael Goodman, Deputy Felix Huaman, Deputy Claudia Morales, and Deputy Kathleen Oroa to the Rancho Cucamonga Police Department. TO COME BACK At THE 3/7/01 MEETING. B2. Presentation by BUY.COM Inland Empire Open to Community Foundation, Library Foundation and youth programs. Jodi Sorrell, Marketing Manager, introduced Stephen Wagner, BUY.COM Tournament Director and Chuck Beecher, General Dynamics. They presented a check to Chuck Buquet, President of the Community Foundation and Paula Pachon, President of the Library Foundation. B3. Presentation of a Preclamation declaring the month of March as Red Cross Month. Mayor Alexander presented the Proclamation to Duane Baker, Red Cross Chairman. City Council Minutes February 21, 2001 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1, Frank Williams, Chairman and President of Housing Action Resoume Trust, wanted to thank Bred Buller and the planning staff for their help with his new building to be built at 8711 Monrow Court. He continued to talk about the service they provide and their successes. C2. Mike Simon, 12833 Carissa, felt the City has growing pains. He felt the streets need to be fixed where there has been construction. He stated his vehicles need alignments because of the poor shape of the roads. C3. Chuck Buquet, Charles Joseph Associates, stated he supports the adjustment of the drainage fee item H1 which will be discussed further into the meeting. He felt everyone should do their fair share for the City. D. CONSENT CALENDAR Jack Lam, City Manager, advised item 4 will be moved from the Consent Calendar and discussed as Item 13. Councilmember Dutton stated he would like to remove item D3 from the agenda for discussion. DI. Approval of Warrents, Register Nos. 1/31/01, 2/1/01, and 2/7/01 and Payroll ending 2/11/01 for the total amount of $1,758,347.52. D2. Approval to receive and file current Investment Schedule as of January 31, 2001. D3. Approval to authorize the Advertising of the "Notice Inviting Bids" for the Arrow Route Cross-Gutter Removal west of Hellman and the Hellman Avenue Dreinage Improvements north of 9th Street, to be funded from Account Nos. 11763035650/1221-176 and 11763035650/1264- 176. REMOVED FOR DISCUSSION BY COUNCILMEMBER DUTTON. RESOLUTION NO. 01-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ARROW ROUTE CROSS- GUTTER REMOVAL WEST OF HELLMAN AND THE HELLMAN AVENUE DRAINAGE IMPROVEMENTS NORTH OF 9TM STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval of Automation Implementation Plan. TO BE DISCUSSED AS ITEM 13. D5. Approval of an Application for California Beverage Container Recycling and Litter Reduction Annual Payment by the California Department of Conservation Division of Recycling. RESOLUTION NO. 01-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ANNUAL PAYMENT BY THE CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING City Council Minutes February 21, 2001 Page 3 D6. Approval to appropriate $13,000 awarded by the California State Library into Library expenditure account 12986015010. D7. Approval of a request from the Rancho Cucamonga Chamber of Commerce for waiver of fees for use of the Epicenter Special Event Area on March 28, 2001 - April 2, 2001. DS. Approval to appropriate $557,510.00 from a prior year reserve, accept the bids received and award and authorize the execution of the contract in the amount of $557,501.56 ($506,819.60 plus 10% contingency) to the apparent low bidder, Riverside Construction, Co., for the construction of the Civic Center East Parking Lot Expansion, to be funded from capital reserve funds, Account No. 1-025-001-5650-1300-025. D9. Approval of Improvement Agreement and Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 00-13, located at 10370 Trademark Street, east of Center Avenue, submitted by Young Homes, LLC. RESOLUTION NO. 01-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 00-13 RESOLUTION NO. 01-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 00-13 D10. Approval of Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 00-27, located on the terminus of Monroe Court, north of Jersey Boulevard, submitted by Housing Action Resource Trust. RESOLUTION NO. 01-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR MDR 00-27 RESOLUTION NO. 01-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 00-27 City Council Minutes February 21, 2001 Page 4 Dll. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit, Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Map 16051 and Ordering to Summarily Vacate a 30-foot wide easement for general public and public utility purposes, located at the nodheast corner of Rochester Avenue and Base Line Road, submitted by Richmond American Homes of California, a Colorado Corporation. RESOLUTION NO. 01-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT AND TRACT NO. 16051 RESOLUTION NO. 01-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16051 RESOLUTION NO. 01-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A 30-FOOT WIDE EASEMENT FOR GENERAL PUBLIC AND PUBLIC UTILITY PURPOSES, LOCATED NORTH OF BASE LINE ROAD, EAST OF ROCHESTER AVENUE D12. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit, Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 for Tract Map 14875 and located at the southeast corner of Archibald Avenue and Church Street, submitted by Archibald Garden Villas Limited Partnership, a Limited Partnership. RESOLUTION NO. 01-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT AND TRACT MAP NO. 14875 RESOLUTION NO. 01-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR TRACT MAP 14875 City Council Minutes February 21, 2001 Page 5 D13. Approval of a Lease Agreement (CO 00-011) between the City and the Redevelopment Agency for the Development of a Parking Lot on Agency-owned property, APN: 203-352-72. D14. Approval of a Professional Services Agreement (CO 01-012) with LSA, Inc., for the preparation of an environmental impact report for the Regional Center; Account No. 1001314 5303. MOTION: Moved by Dutton, seconded by Biane to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of items D3 and D4. Motion carried unanimously 5-0. DISCUSSION OF ITEM D3. APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE ARROW ROUTE CROSS-GUTTER REMOVAL WEST OF HELLMAN AND THE HELLMAN AVENUE DRAINAGE IMPROVEMENTS NORTH OF 9TM STREET, TO BE FUNDED FROM ACCOUNT NOS. 11763035650/1221-176 AND 11763035650/1264-176. Councilmember Dutton felt this item was worthy to give more details to everyone and asked Joe O'Neil, City Engineer, to give a report. Joe O'Neil, City Engineer, presented a staff report. MOTION: Moved by Dutton, seconded by Williams to approve item D3. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 99-02 - SACRED HEART CHURCH - A request to amend the Foothill Boulevard Specific Plan to allow churches subject to a Conditional Use Permit within the Regional Commercial land use designation (Subarea 4) and to increase the allowable building height for churches. Relation file: Conditional Use Permit 99-56, Tree Removal Permit 00-45, and Preliminary Application Review 98-12. ORDINANCE NO. 652 (second reading) A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 99-02, AMENDING THE DEVELOPMENT CODE, CHAPTER 17.32 FOOTHILL BOULEVARD DISTRICTS, TO ALLOW CHURCHES SUBJECT TO A CONDITIONAL USE PERMIT WITHIN THE REGIONAL COMMERCIAL LAND USE DESIGNATION (SUBAREA 4) AND TO INCREASE THE ALLOWABLE BUILDING HEIGHT FOR CHURCHES, AND MAKING FINDINGS IN SUPPORT THEREOF E2. CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 45 MPH ON CHURCH STREET BETWEEN MILLIKEN AVENUE AND ROCHESTER AVENUE City Council Minutes February 21, 2001 Page 6 ORDINANCE NO. 653 (second reading) AN ORDINANCE OF THE CITY COUNCIL.OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 45 MPH ON CHURCH STREET BETVVEEN MILLIKEN AVENUE AND ROCHESTER AVENUE Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 652 and 653. MOTION: Moved by Dutton, seconded by Biane to waive full reading and approve Ordinance Nos. 652 and 653. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS F1. DEVELOPMENT CODE AMENDMENT 00-04 - CITY OF RANCHO CUCAMONGA - A request to amend various residential sections of the Development Code pertaining to roofing materials. Staff report presented by Nancy Fong, Sr. Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 654. ORDINANCE NO. 654 (first reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY QF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 00-04, A REQUEST TO AMEND VARIOUS RESIDENTIAL SECTIONS OF THE DEVELOPMENT CODE PERTAINING TO ROOFING MATERIALS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Dutton to waive full reading and set second reading of Ordinance No. 654 forthe March 7, 2001 meeting. Motion carried unanimously 5-0. F2. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 99-50 - VANTIGER - An appeal of the Planning Commission's decision to require the construction of storm drainage improvements on Foothill Boulevard from the existing terminus near Cornwall Avenue to Etiwanda Avenue for the development of a service station with convenience market, drive-thru fast food service and a drive-thru self- service car wash on two acres of land located on the northeast corner of Foothill Boulevard and Etiwanda Avenue in the Community Commercial District (Subarea 4) of the Foothill Boulevard Specific Plan -APN: 1100-161-002. (CONTINUED FROM FEBRUARY 7, 200'1 ) Jack Lam, City Manager, stated it is requested that this be continued until the March 7, 2001 meeting. City Council Minutes February 21, 2001 Page ? MOTION: Moved by Curatalo, seconded by Dutton to continue item F2 to the March 7, 2001 meeting. Motion carried unanimously 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.21 OF THE CITY'S MUNICIPAL CODE PERTAINING TO SMOKING REGULATIONS Staff report presented by Duene Baker, Assistant to the City Manager. Councilmember Biane asked questions about smoking outside a public facility and what the laws were about that. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Kad Adkins and Esther Jimenez Alexander, Department of Public Health for the Tobacco Reduction Program, told about their program. They stated people are allowed to smoke outside of a no smoking facility. They stated there are some cities considering providing outside non-smoking sections. They stated some are considering prohibiting smoking completely outside. Mayor Alexander stated there are some areas at some of the City facilities where smoking is not allowed outside. Duane Baker, Assistant to the City Manager, stated the Council has before them a corrected Ordinance which is different than the one in their packets. Debra J. Adams, City Clerk, read the title of Ordinance No. 384A. ORDINANCE NO. 384A (first readinq) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.21 PERTAINING TO THE REGULATION OR PROHIBITION OF SMOKING AND AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Biane, seconded by Williams to waive full reading and set second reading of Ordinance No. 384A for the Mamh 7, 2001 meeting. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF A REQUEST TO MODIFY ETIWANDA DRAINAGE FEE - PACIFIC COMMUNITIES Staff report presented by Joe O'Neil, City Engineer. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: City Council Minutes February 21, 2001 Page 8 Frank Williams stated the BIA would like to look at the study that established the $22,000 fee. He stated they would like to have a workshop with the Engineering Division and Pacific Communities before the Resolution comes to the City Council. Joe O'Neil, City Engineer, stated they would be happy to discuss this with them. He stated this is not an assessment district or a community facilities district. Nelson Chung, Pacific Communities, stated they have confidence in the City and agree with the staff report. Barry Vantiger, 8033 Foothill - 2 acre parcel, stated they support the proposal before the City Council and feel this would help the small parcel owner to develop. He stated he agrees with Mr. Chung. He felt the fees were very reasonable. Gary Womack, 5366 Evening Canyon, stated he supports staff's recommendation. He stated they are willing to pay their fair share and try to improve the area. MOTION: Moved by Williams, seconded by Curatalo to accept staffs recommendation. Motion carried unanimously 5-0. I. COUNCILBUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE Action: Report received and filed. 12. REPORT ON HERMOSA STORM DRAIN (ORAL REPORT) A power point presentation was made by Jerry Dyer and Cindy Hacket, Associate Engineers. Councilmember Dutton stated he wanted people to see this so they know everyone in the City is being taken care of, not just one part of the City. Action: Report received and filed. 13. ITEM D4 WAS CONSIDERED UNDER COIUNCIL BUSINESS APPROVAL OF AUTOMATION IMPLEMENTATION PLAN. Staff report presented by Bob Zetterberg, Integrated Waste Coordinator. Various questions were asked of Mr. Zetterberg how the program would work. Addressing the City Council were: Mike Aragon, Burrtec Waste, talked about the program and how it would operate. Dean Ruthridge, Waste Management, stated he has enjoyed working with the staff on this program. He told how the program would work for the City. He pointed out there is no additional cost to the rate payer. MOTION: Moved by Biane, seconded by Curatalo to approve the Implementation Plan. Motion carried unanimously 5-0. City Council Minutes February 21, 2001 Page 9 J, IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L, ADJOURNMENT MOTION: Moved by Biane, seconded by Curatalo to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:48 p.m. Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk March 7, 2001 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 7, 2001 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:08 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Mitch Slagerman, Sr. RDA Analyst; Larry Temple, Administrative Services Director; Sam Davis, Information Systems Specialist; Sid Siphomsay, Information Systems Analyst; Sal Salvador, Associate Planner; Brent LeCount, Associate Planner; Shintu Bose, Deputy City Engineer; Jodi Sorrell, Marketing Manager; Deborah Clark, Library Director; Michelle Perera, Reference Services Coordinator; Lt. David Lau, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Sam Spagnolo, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Jenny Haruyama, Management Analyst I, and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Mayor Alexander stated he had attended an Eagle Scout Court of Honor over the weekend and realized after the event had occurred he had called the Scout by the name of Brandon instead of Bradon. He apologized to the family for his oversight. B2. Introduction of newly-assigned deputies: Detective Suzanne Cefalu, Deputy Michael Goodman, Deputy Felix Huaman, Deputy Claudia Morales, and Deputy Kathleen Oroa to the Rancho Cucamonga Police Department. Chief Hoops introduced the new deputies. B3. Presentation of a proclamation honoring the memory of Army Sgt. Bob Darin MacDonald. Mayor Alexander introduced the MacDonald Family, and a Proclamation was presented to them. Sam Spagnolo and two members of the honor guard of the Rancho Cucamonga Fire Protection District, presented the family with an American flag. Sam Spagnolo stated the Fire District would purchase a brick in the War Memorial with Bobby's name on it. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons concurred with what the Council did for the MacDonald family. He commented on the latest shooting at the high school in Santee. He talked about a similar incident that happened with his daughter at Rancho Cucamonga High School. City Council Minutes Mamh 7, 2001 Page 2 C2. Councilmember Williams wanted to commend the two senior ladies that accompanied them just recently to Sacramento to talk with our legislators, She stated they did an outstanding job representing the senior population. The ladies spoke about their needs for the expanded senior center. Councilmember Williams asked anyone that wishes to write a letter to our legislators suppoding this idea to do so. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 2/14/01, 2/21/01, 2/27/01 and Payroll ending 2/11/01 for the total amount of $3,475,033.83. D2. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Lemon Avenue Pavement Rehabilitation from Carnelian Street to Beryl Street, to be funded from Account No. 11763035650/1266-176 (Measure 'T' Funds). RESOLUTION NO. 01-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE LEMON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO BERYL STREET IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Terra Vista Parkway Pavement Rehabilitation from Chumh Street to Spruce Avenue, to be funded from Account No. 11763035650/1270-176 (Measure "1" Funds). RESOLUTION NO. 039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE "TERRA VISTA PARKVVAY PAVEMENT REHABILITATION FROM CHURCH STREET TO SPRUCE AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to declare Surplus Miscellaneous City-Owned Equipment. D5. Approval of Metrolink Station Expansion, Phase II Project - granting of an easement to the Southern California Edison Company, a Corporation, for Utility Purposes. RESOLUTION NO. 01-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A GRANT OF EASEMENT BETVVEEN SOUTHERN CALIFORNIA EDISON COMPANY AND THE CITY OF RANCHO CUCAMONGA FOR THE PURPOSE OF RELOCATING EXISTING ELECTRICAL TRANSMISSION LINES AND POLES AT THE METROLINK STATION EXPANSION PHASE II PROJECT SITE City Council Minutes March 7, 2001 Page 3 D6. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 00- 32, located on the southeast corner of 7th Street and Utica Avenue, submitted by 7th & Utica Partners, LLC. RESOLUTION NO. 01-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 00-32 RESOLUTION NO. 01-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3S AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 00-32 D7. Approval of Map, Drainage Acceptance Agreement, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map No. 15692, located on the west side of Hellman Avenue, south of Hillside Road, submitted by JRN Construction Company. RESOLUTION NO. 01-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 15692, (TENTATIVE PARCEL MAP NO. 15692), DRAINAGE ACCEPTANCE AGREEMENT, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 01-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 15692 D8. Apprcval of a Professional Services Agreement with Dan Guerra and Associates (CO 01-014) to provide Construction Services for the Proposed Civic Center East Parking Lot Expansion, in the amount of $15,250.00, to be funded from Account No. 1001 305 5300. D9. Approval to accept the bids and award and authorize the execution of the contract in the amount of $246,015.00 ($223,650.00 plus 10% contingency) to the apparent low bidder, R. J. Noble Company, (CO 01-015) for the construction of the 6th Street Pavement Rehabilitation from Milliken Avenue to Charles Smith Avenue, to be funded from Gas Tax Proposition 111 Funds, Account No. 11703035650/1198170. DIO. Approval of a Professional Services Agreement with RMA Group (CO 01-016) to provide Geotechnical and Material Testing services for the proposed Civic Center East Parking Lot Expansion, in the amount of $17,432.00, to be funded from Account No. 1001 305 5300. D11. Approval of a Professional Services Agreement (CO 01-017) with RJM Design Group, Inc., for the preparation of the I-15 Freeway Landscape Master Plan to be funded from Account No. 110-316-5300. City Council Minutes March 7, 2001 Page 4 D12. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tracts 15727-1 and 15727-2, submitted by Cornerpointe 257, LLC, located north of Fourth Street and East of the Cucamonga Creek Channel. RESOLUTION NO. 01-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 15727-1 AND 15727-2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D13. Approval to accept Improvements, release the Faithful Performance Bonds, accept Maintenance Bonds, and file a Notice of Completion for Improvements for Tract 14379, submitted by Centex Homes, located on the north side of Wilson Avenue, west of Etiwanda Avenue. RESOLUTION NO. 01-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14379 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D14. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tracts 15727-4 and 15727-5, submitted by Cornerpointe 257, LLC, located north of Fourlh Street and east of the Cucamonga Creek Channel. RESOLUTION NO. 01-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 15727-4 AND 15727-5 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D15. Approval to accept a Maintenance Bond from K.A.S. Equipment and Rental, Inc., and release Faithful Performance Bond for the ADA 1999/2000 Access Ramp and Drive Approach Improvement at various locations along Hermosa Avenue, Haven Avenue, 6th Street and Arrow Route, Contract No. 00- 016. MOTION: Moved by Dutton, seconded by Willlares to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. DEVELOPMENT CODE AMENDMENT 00-04 - CITY OF RANCHO CUCAMONGA - A request to amend various residential sections of the Development Code pertaining to roofing materials. Debra J. Adams, City Clerk, read the title of Ordinance No. 654. City Council Minutes March 7, 2001 Page 5 ORDINANCE NO. 654 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 00-04, A REQUEST TO AMEND VARIOUS RESIDENTIAL SECTIONS OF THE DEVELOPMENT CODE PERTAINING TO ROOFING MATERIALS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 654. Motion carried unanimously 5-0. E2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 8.21 OF THE CITY'S MUNICIPAL CODE PERTAINING TO SMOKING REGULATIONS Debra J. Adams, City Clerk, read the title of Ordinance No. 384A. ORDINANCE NO. 384A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.21 PERTAINING TO THE REGULATION OR PROHIBITION OF SMOKING AND AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance no. 384A. Motion carried unanimously 5-0. F, ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 99-50 - VANTIGER - An appeal of the Planning Oommission's decision to require the construction of storm drainage improvements on Foothill Boulevard from the existing terminus near Cornwall Avenue to Etiwanda Avenue for the development of a service station with convenience market, drive-thru fast food service and a drive-thru self-service car wash on two acres of land located on the northeast corner of Foothill Boulevard and Etiwanda Avenue in the Community Commercial District (Subarea 4) of the Foothill Boulevard Specific Plan - APN: 1100-161-002. (CONTINUED FROM FEBRUARY 21, 2001) Jack Lam, City Manager, stated this has been continued a couple of times in the past and stated it is recommended that this be pulled from the agenda and would be readvertised when it returns to the Council. MOTION: Moved by Curatalo, seconded by Biane to remove the item from the agenda indefinitely. Motion carried unanimously 5-0 City Council Minutes March 7, 2001 Page 6 F2. APPEAL OF VARIANCE 00-09 - CONCORDIA HOMES - A request to appeal a decision of the Planning Commission to allow retaining walls approximately 10 feet in height where a maximum height of 4 feet is allowed, and slope gradients of approximately 1.5: 1 where a maximum gradient of 2:1 is allowed for 20 existing lots within approved Tract 10035 on 15.7 acres of land in the Low Residential District (2-4 dwelling units per acre), located on the south side of Camino Predera, south of Red Hill Country Club Drive- APN: 207-64%01 through 10 and 207-631-01 through 11. Related Files: Development Review 00-47 and Tree Removal Permit 00-41. APPEAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEVV 00-47 (TRACT NO. 10035 - CONCORDIA HOMES - The appeal of a Planning Commission decision to approve Design Review of building elevations and detailed site plan for 20 existing lots within approved Tract 10035 on 15.7 acres of land in the Low Residential District (2-4 dwelling units per acre), located on the south side of Camino Predera, south of Red Hill Country Club Drive - APN: 207-641-01 through 10 and 207-631- 01 through 11. Related Files: Variance 00-09 and Tree Removal Permit 00-41. Staff report presented by Brent LeCount. Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Mr. and Mrs. Massey made a presentation showing the original plan of the Red Hill Estates. Mr. Massey presented various pictures for the Council to view. He continued to advise the Council that John Snell had contacted him today asking if they lowered lots 4 and 5 would they be satisfied. He stated because of Mr. Snell's proposal they would like to continue this for a period of time so they can look at the new plan. John Snell of Concordia Homes talked about the process that has taken place over the years which was also pointed out in the staff report. He stated they have been trying to work very hard to try to resolve some of the issues that have been brought up. He stated it was pointed out that the Planning Commission felt they have complied with the CC&R's. He stated they would like to get this project going. He displayed a plan with the changes they have been working on. He distributed a letter to the Council with the proposal they are working on and stated they are willing to work with everyone so that lots 4 and 5 are lowered. They asked that the wording in the letter be put into a Resolution and brought back to the Council for approval. Mayor Alexander stated he feels he is showing good faith by trying to work with everyone. Chuck Buquet, Predera Court, stated he is confused. He felt their proposal should be looked at and then brought back to the Council for action. RESOLUTION NO. 01-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING DEVELOPMENT REVIEW 00-47 TO APPROVE THE DESIGN REVIEW OF BUILDING ELEVATIONS AND DETAILED SITE PLAN FOR 20 PROPOSED HOMES WITHIN 21 EXISTING LOTS WITHIN RECORDED TRACT 10035 ON 15.7 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF CAMINO PREDERA, SOUTH OF RED HILL COUNTRY CLUB DRIVE - APN: 207-641-01 THROUGH 10 AND 207-631-01 THROUGH 11 City Council Minutes March 7, 2001 Page ? RESOLUTION NO. 01-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING VARIANCE 00-09 A REQUEST TO ALLOW RETAINING WALLS APPROXIMATELY 10 FEET IN HEIGHT WHERE A MAXIMUM HEIGHT OF 4 FEET IS ALLOWED, AND SLOPE GRADIENTS OF APPROXIMATELY 1.5:1 WHERE A MAXIMUM GRADIENT OF 2:1 IS ALLOWED FOR 20 PROPOSED HOMES ON 21 EXISTING LOTS WITHIN APPROVED TRACT 10035 ON 15.7 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF CAMINO PREDERA, SOUTH OF RED HILL COUNTRY CLUB DRIVE - APN: 207- 641-01 THROUGH 10 AND 207-631-01 THROUGH 11 MOTION: Moved by Curatalo, seconded by Biane to refer this to the City Planner to review and then bring it back to the Council for action. This item would be continued to March 21, 2001 at 7:00 p.m. in the Council Chambers. Brad Buller, City Planner, stated during the next couple of weeks they will work with the applicant and the appellant before it comes back to the Council. He suggested they would prepare a new Resolution on the conceptual plans as drafted by the applicant. He stated this is still appealable by the City Council. Motion carried unanimously 5-0. H. PUBLIC HEARINGS No Items Submitted. I. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF RESOLUTION AUTHORIZING ALLOCATION OF THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) TO THE REGIONAL JUVENILE CRIME ENFORCEMENT COALITION (RJCEC) Staff report presented by Duane Baker, Assistant to the City Manager. RESOLUTION NO. 01-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ALLOCATION OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) FUNDS ADMINISTERED BY THE OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) TO THE REGIONAL JUVENILE CRIME ENFORCEMENT COALITION (RJCEC) MOTION: Moved by Williams, seconded by Biane to approve Resolution No. 01-050. Motion carried unanimously 5-0, City Council Minutes March 7, 2001 Page 8 H2. PRESENTATION OF CITY OF RANCHO CUCAMONGA KIDS' WEB PAGE Pamela Easter, Deputy City Manager, presented the staff report. She introduced the City staff that worked on this project. Duane Baker, Assistant to the City Manager, gave a power point presentation demonstrating the web site. ACTION: Report received and filed. H3. ANNEXATION 00-02 - A request to approve the Tax Revenue Exchange for annexation proceedings (LAFCO No. 2872) between the County of San Bernardino and the City of Rancho Cucamonga for approximately 60 acres of the San Bernardino County unincorporated area, generally located at the northeast corner of Banyan Street and Milliken Avenue. Staff report presented by Sal Salazar, Associate Planner. Councilmember Biane wanted to point out the school will be within the City's boundaries. RESOLUTION NO. 01-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN AND AMONG THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA RESULTING FROM THE JURISDICTION CHANGE DESCRIBED BY LAFCO NO. 2872 MOTOIN: Moved by Dutton, seconded by Willlares to approve Resolution No. 01-051. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. CONSIDERATION OF A RED LIGHT CAMERA ENFORCEMENT PROGRAM WITH NESTOR TRAFFIC SYSTEMS (CO 01-018) Staff report presented by Jenny Haruyama, Management Analyst II. Nestor gave a power point presentation. Various questions were asked how the program would work. Councilmember Biane stated he was concerned about the confidentiality or the right to privacy because of the photos. Councilmember Wdliams stated it only shows the driver, not the passenger. Councilmember Dutton suggested this be programmed so that all signals change to red when an emergency vehicle approaches. Councilmember Biane asked if the money generated from this can provide for more officers. Councilmember Wdliams felt the cameras will allow existing officers the time to do more work on the street now. City Council Minutes March 7, 2001 Page 9 Councilmember Curatalo felt the camera can help if there is an accident also. Jack Lam, City Manager, stated this program frees up the officers so they can do other things. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Joseph Kromen asked if you get a citation and it is mailed to you, but you actually never receive it, what would happen. Captain Hoops, Police Department, stated it can't be guaranteed that you get this since it is not sent certified mail and felt the courts would allow for this. Renee Massey stated she works at Chino High School and had seen an accident happen on Euclid Avenue. She hoped this program would help these types of situations and benefit the City. There being no further response, the public comments were closed. Councilmember Curatalo thanked Jenny Haruyama, Management Analyst II, for her time and energy on this project. Councilmember Biane thanked Councilmembers VVilliams and Curatalo for their work on this. He stated he puts public safety as a priority, but felt it was another instance of government getting into the lives of people. MOTION: Moved by Biane, seconded by Curatalo to approve the agreement. Motion carried unanimously 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Wdliams to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:54 p.m. Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk March 21, 2001 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A, CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 21, 2001 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:11 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams and Mayor Wdliam J. Alexander. Also present were: Jack Lain, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Jan Reynolds, RDA Analyst; Kathy Wahlstrom, RDA Analyst; Larry Temple, Administrative Services Director; James C. Frost, City Treasurer; Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Larry Henderson, City Planner; Nancy Fong, Sr. Planner; Tom Grahn, Associate Planner; Sal Salvador, Associate Planner; Brent LeCount, Associate Planner; Bill Makshanoff, Building Official; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Rodhey Hoops, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Alicia Rodriguez, Emergency Services Coordinator; Duane Baker, Assistant to the City Manager; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Jack Lain, City Manager, stated there is a modification to the title of item D15 to include "to be funded in Account No. 1001303-5603". B2. He stated it is requested to add an item to Council Business due to the rolling brown-outs. The title is: "Approve the purchase and appropriate funds for the purchase of battery back-up power units for 94 traffic signals to be funded from Account No. 1001303-5300 and 101303-5603". MOTION: Moved by Biane, seconded by Dutton to add the above item as 12. Motion carried unanimously 5-0. B2. Councilmember Willjams stated she had the opportunity to view old records from Betty McNay recently and wanted to see about putting these in the City archives. She told how interesting they were and thanked Ms. McNay for her generosity in giving these to the City. She also thanked Marge Stature for helping Ms. McNay sort these out. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes Mamh 21, 2001 Page 2 D. CONSENT CALENDAR D1. Approval of Minutes: January 23,2001 January 24,2001 February 7,2001 D2. Approval of Warrants, Register Nos. 2/28/01, 3/7/01 and 3/12/01 and Payroll ending 2/25/01 for the total amount of $1,883,385.91. D3. Approval to receive and file current Investment Schedule as of February 28, 2001. D4. Approval of agreement with LSA Associates, Inc., (CO 01-018) forthe preparation and revision of a Draft Supplemental Environmental Impact Report for the Annexation of the Rancho Etiwanda Estates Project (formerly Crest Planned Development). D5. Approval of Improvement Agreement and Improvement Securities for DR 00-70, located at the t southeast corner of 6 h Street and Utica Avenue, submitted by F & F Simon Rancho Tech, LLC. RESOLUTION NO. 01-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DR 00-70 D6. Approval and execution of construction and maintenance agreement (CO 01-019) between the City of Rancho Cucamonga and the Southern California Regional Rail Authority for the Procurement and Installation of a Pedestrian Crossing Automatic Warning System, F~agging/Railroad Safety Services, Etc. in the amount of $315,440.00 ($286,764.00 plus 10% contingency) to be funded from Account No. 12303035650/1225230-0. D7. Approval of an agreement (CO 01-020) for replacement of overhead with underground electrical facilities between the City of Rancho Cucamonga and Southern California Edison Company for the th t lower Hermosa Avenue Storm Drain and Street Widening Improvements - Phase 1, between 4 and 8 h Streets in the City of Rancho Cucamonga. RESOLUTION NO. 01-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES ALONG HERMOSA AVENUE BETWEEN 4TM AND 8TM STREETS D8. Approval of the Release of Real Property Improvement Contract and Lien Agreement for 12715 Summit Avenue, located on the south side of Summit Avenue, westerly of Etiwanda Avenue, from William R. and Dona C. Barnes. RESOLUTION NO. 01-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM WILLIAM R. AND DONA C. BARNES City Council Minutes March 21, 2001 Page3 D9. Approval of Map, Improvement Agreement, Improvement Security and ordering the annexation of Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Tract 16001, located in Terra Vista planned communities and bounded by Church Street, Elm Avenue (East) and Spruce Avenue, submitted by LDC Cougar LLC RESOLUTION NO. 01-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16001, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 01-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMQNGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 4, FOR TRACT 16001 D10. Approval of the Resolutions approving and confirming the Engineer's Reports and setting of Public Hearing for May 16, 2001, to levy the annual assessments for Fiscal Year2001/2002 for Landscape Maintenance Districts Nos. 1, 2, 3A, 3B, 4, 5, 6, 7, 8, and 9. No increase of assessment rate is proposed. RESOLUTION NO. 01-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF THE CITY ENGINEER'S ANNUAL REPORTS FOR LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8 AND 9. NO INCREASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 01-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7, 8 AND 9 FOR THE FISCAL YEAR 2001/2002 PURSUANT OT THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTION8 THERETO D11. Approval of the Resolutions epproving and confirming the Engineer's Reports and setting of Public Hearing for May 16, 2001, to levy the Annual Assessments for Fiscal Year 2001/2002 for Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, 7 and 8. No increase of assessment rate is proposed. RESOLUTION NO. 01-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF THE CITY ENGINEER'S ANNUAL REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, , 6, 7 AND 8. NO INCREASE OF ASSESSMENT RATE PROPOSED City Council Minutes March 21, 2001 Page 4 RESOLUTION NO. 01-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 6 AND 8 FOR THE FISCAL YEAR 2001/2001 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D12. Approval of Resolutions confirming the Engineer's reports and setting of public hearing for May 16, 2001, to levy the annual assessments for fiscal year 2001/2002 for the Park and Recreation Improvement District (PD-85). No increase of assessment rate is proposed. RESOLUTION NO. 01-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR APPROVAL OF THE CITY ENGINEER'S ANNUAL REPORTS FOR THE PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85). NO INCREASE OF ASSESSMENT RATE PROPOSED RESOLUTION NO. 01-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85), FOR THE FISCAL YEAR 2001/2002 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO D13. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District No. 1 and 6 for Development Review No. 99-54, located on the south side of 6tl~ Street between Buffalo Avenue and Richmond Place, submitted by Cabot Industrial Properties, L.P. RESOLUTION NO. 01-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 99-54 RESOLUTION NO. 01-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6, FOR DEVELOPMENT REVIEW NO. 99-54 D14. Approval of a Resolution adopting the Multi-Hazard Functional Plan as the updated Emergency Response Operations Plan for the City. City Council Minutes March 21, 2001 Pages RESOLUTION NO. 01-065 a RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MULTI-HAZARD FUNCTIONAL PLAN AS THE UPDATED EMERGENCY RESPONSE OPERATIONS PLAN IN ACCORDANCE WITH THE STATE OF CALIFORNIA STANDARIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) D15. Approve the purchase and appropriate funds for the purchase of two (2) trailer-mounted, diesel- powered emergency standby generatora to be funded in Account No. 1001303-5603. D16. Authorization to appropriate $25,000 in Account Number 1001 301 5605 to purchase computers for the implementation of the Tidemark System in Engineering. D17. Authorization to appropriate $64,000 in Account Number 1001 301 5300 to complete the Tidemark Permit System Software Installation. MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No items submitted. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF THE DRAFT ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 2001-2002 AND AN AMENDMENT TO THE 2000-2004 CONSOLIDATED PLAN - A review of the federally required Consolidated Plan Annual Action Plan for Fiscal Year 2001-2002, including the preliminary selection of projects for the CDBG annual application, based on a new grant allocation of $1,001,000, and a proposed amendment to the 2000-2004 Consolidated Plan to address the design and construction for a new senior center facility, to be partially funded through the CDBG program. Staff report presented by Tom Grahn, Associate Planner. Mayor Alexander pointed out that funding given is for low to moderate income programs. Councilmember Biane stated he was not comfortable with pulling money from the senior center to fund some of the other programs. Tom Grahn, Associate Planner, stated there are other programs where funds could be pulled instead of just the senior center. Councilmember Wdliams asked if there are capital programs where they can pull money from. Tom Grahn, Associate Planner, stated there is but it has been reassigned to other capital programs. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: City Council Minutes March 21, 2001 Page 6 Brian Hunt, Board member of Project Sister, informed the Council about their program. He felt the dollars given them would go a very long way. Linda Shistock, Director of Project Sister, told about her program. She talked about the brochure she had distributed to the Council. She added they hope to expand their program with the funds given to them. Sandy Kramer, Campfire Girls, Mt. San Antonio, stated she is requesting funds so that 20 members can attend camp. She stated they are requesting $6,700. She read various letters from the kids and their parents about this. Martin Miller, Old Timers Foundation of Fontana, talked about the services he provides to the seniors. He stated they appreciate any future funding given to them. Mayor Alexander wanted to make sure the funds they get from Rancho Cucamonga goes to help those in Rancho Cucamonga only and not other communities. Philip Coates of Computers for Kids stated they are currently not recommended for funding. He wanted to give the Council some background on their program. He stated they will submit another application next year so they can be considered then. Councilmember W~lliams suggested he get with Bob Zetterberg to see about getting computers th at are being put in the landfill. She asked if he had a site where these could be dropped off. Mr. Coates stated it is located at 123 W "D" Street, Ontario. He added they can be contacted at www.computers4kidsinc.or~. Jess Tortes, Inland Fair Housing & Mediation Board thanked the Council for their help and stated they are looking forward to working with the City in the future. He invited the Council to attend their National Fair Housing Month celebration to be held on April 17 at the Double Tree. He distributed invitations to them. Marian Candell, Foothill Family Shelter, stated she hopes the City will continue to support them. Teresa Barras, Outreach Program, talked about her program. Nolia Chapa, House of Ruth, thanked the Council for their previous support and asked for their continued support in the future. Diana Lee Mitchell, YMCA, talked about the senior transportation program. She read a letter that had been written to them thanking them for their program and their help. Councilmember Williams asked if it is advertised that their program is sponsored by the City and the YMCA. She asked if she has reached out to find another partner for transportation. Ms. Mitchell stated they have applied for a grant with Caltrans for another bus. She continued to talk about the teen program in North Town. She also commented on the Community Services Network. Taylor Avery of Pomona Valley Council of Churches, talked about their program and asked the Council for their support of their program. There being no further comments, the public hearing was closed. City Council Minutes March 21, 2001 Page? Councilmember Willlares felt it would be a good idea if they could get people to quit doing graf~ti so they didn't have to spend money to clean it up. Larry Henderson, Principal Planner, stated they would bring back the final document with the suggestions made. MOTION: Moved by Curatalo, seconded by Biane to accept the suggestions and bring back the final document. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-04 - AMERICAN BEAUTY DEVELOPMENT CO. - A request to establish a Development Agreement for the development project known as the Victoria Arbors on approximately 300.64 acres of land in the Mixed Use District of the Victoria Community Plan, generally bounded by Base Line Road to the north, Etiwanda Avenue to the east, Foothill Boulevard to the south, and Day Creek Channel to the west. APN: 227-201-04, 13 through 18, 22, 28 through 31, 33, and 36; 227-161-28, 31, 33, 35, 36, and 38; 227-171-08, 11, 12, 20, 22, 23, and 25; and 227-211.40. Staff report presented by Nancy Fong, Sr. Planner. Councilmember Dutton stated he would be abstaining from voting on this matter because of a business association that owns property close by to this project. He stated because of state laws he would have to abstain. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Jack Shine, American Beauty, thanked the Council for this opportunity. They thanked staff for their efforts and stated they support staffs recommendation. Pete Pitassi, 8439 White Oak, representing the Filippi Winery, thanked staff and appreciated their cooperation with the winery. He stated all of their concerns have been met and they support the master plan. John Lyons felt this was an extension of the Victoria Development. He stated he originally opposed this project, but now supports it. He thanked the City staff for their work on this. Victor Urges of Forrest City, and neighbor of American Beauty project, stated they are very supportive of this project. He felt this development was good for their project. Councilmember Biane asked if the wall would have a vine on it that goes around the winery. Nancy Fong, Sr. Planner, stated they could make this a condition and did not feel American Beauty would oppose this. Councilmember Biane commended staff and the developer for their work on this project. There being no further comments, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 655. City Council Minutes March 21, 2001 Page S ORDINANCE NO. 655 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT AGREEMENT NO. 00- 04, FOR THE DEVELOPMENT OF VICTORIA ARBORS ON APPROXIMATELY 300.64 ACRES OF LAND IN THE MIXED USE DISTRICT OF THE VICTORIA COMMUNITY PLAN, GENERALLY BOUNDED BY BASE LINE ROAD TO THE NORTH, ETIWANDA AVENUE TO THE EAST, FOOTHILL BOULEVARD TO THE SOUTH, AND DAY CREEK CHANNEL TO THE WEST AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF, APN: 227-210-04, 13 THROUGH 18, 22, 28 THROUGH 31, 33, AND 36; 227-161-28, 31, 33, 35, 36, AND 38; 227- 171-08, 11, 12, 20, 22, 23, AND 25; AND 227-211-40. MOTION: Moved by Curatalo, seconded by Biane to waive full reading and set second reading of Ordinance No. 655 for the April 4 meeting. Motion carried unanimously 4-0-0-1 (Dutton abstained). F3. APPEAL OF VARIANCE 00-09 - CONCORDIA HOMES - A request to appeal a decision of the Planning Commission to allow retaining walls approximately 10 feet in height where a maximum height of 4 feet is allowed, and slope gradients of approximately 1.5:1 where a maximum gradient of 2:1 is allowed for 20 existing lots within approved Tract 10035 on 15.7 acres of land in the Low Residential District (2.4 dwelling units per acre), located on the south side of Camino Predera, south of Red Hill Country Club Drive -APN: 207-641-01 through 10 and 207-631-01 through 11. Related Files: Development Review 00-47 and Tree Removal Permit 00.41. CONTINUED FROM MARCH 7, 2001 MEETING, APPEAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 00.47 (TRACT NO. 10035 - CONCORDIA HOMES - The appeal of a Planning Commission decision to approve Design Review of building elevations and detailed site plan for 20 existing lots within approved Tract 10035 on 15.7 acres of land in the Low Residential District (2-4 dwelling units per acre), located on the south side of Camino Predera, south of Red Hill Country Club Drive -APN: 207-641-01 through 10 and 207-631- 01 through 11. Related Files: Variance 00-09 and Tree Removal Permit 00.41. CONTINUED FROM MARCH 7, 200'1 MEETING. Staff report presented by Brent LeCount, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Chris Childen of Concordia Homes stated they support staff's recommendation. He supported the Resolution and asked that this not be continued any longer. Renee Massey, Camino Predera, stated they do like the plan and support it. She stated they would really like to see lots 3, 4, and 5 dropped, but stated they will support the recommendation. She stated they were a little uncomfortable with the type of home that will be built on those lots because she felt it was not decided yet as is stated in a letter. Mr. Childen stated they will work with staff to see which design will work John Snell stated generally the split level would be lower, but they are concerned about the drainage and are still working on this. He stated they want to make the neighbors happy. James Markman, City Attorney, stated the condition states that if the split levels work in the opinion of staff and they result in a lower height, that those would be built. City Council Minutes March 21, 2001 Page9 Mayor Alexander asked if he was going to try to make things right. John Snell stated yes and that he didn't mean to come off in a negative way. James Markman, City Attorney, stated the condition would require the split levels if they can feasibly be put in in good faith at staff's discretion. Councilmember Biane pointed out this seems to be acceptable to the appellant but that it can get better. There being no further comments, the public hearing was closed. RESOLUTION NO. 01-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION AND APPROVING A MODIFICATION TO DEVELOPMENT REVIEW 00-47 FOR THE DESIGN REVIEW OF BUILDING ELEVATIONS AND DETAILED SITE PLAN FOR 20 PROPOSED HOMES WITHIN 21 EXISTING LOTS WITHIN RECORDED TRACT 10035 ON 15.7 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF CAMINO PREDERA, SOUTH OF RED HILL COUNTRY CLUB DRIVE - APN: 207-641-01 THROUGH 10 AND 207-631-01 THROUGH 11 RESOLUTION NO. 01-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING VARIANCE 00-09 A REQUEST TO ALLOW RETAINING WALLS APPROXIMATELY 10 FEET IN HEIGHT WHERE A MAXIMUM HEIGHT OF 4 FEET IS ALLOWED, AND SLOPE GRADIENTS OF APPROXIMATELY 1.5:1 WHERE A MAXIMUM GRADIENT OF 2:1 IS ALLOWED FOR 20 PROPOSED HOMES ON 21 EXISTING LOTS WITHIN APPROVED TRACT 10035 ON 15.7 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF CAMINO PREDERA, SOUTH OF RED HILL COUNTRY CLUB DRIVE -APN: 207- 641-01 THROUGH 10 AND 207-631-01 THROUGH 11 MOTOIN: Moved by Biane, seconded by Willlares to approve Resolution Nos. 01-048 and 01-049. Motion carried unanimously 5-0. F4. CONSIDERATION OF A RESOLUTION MODIFYING THE ETIWANDNSAN SEVAINE AREA MASTER PLAN OF DRAINAGE REPORT AND THE ADOPTION OF A RESOLUTION ESTABLISHING UPDATED DRAINAGE IMPROVEMENT FEES FOR DEVELOPMENT IN THE ETIWANDNSAN SEVAINE LOCAL DRAINAGE AREA Staff report presented by Joe O'Neil, City Engineer. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes March 21, 2001 Page l0 RESOLUTION NO. 01-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO THE ETIWANDNSAN SEVAINE AREA MASTER PLAN OF DRAINAGE REPORT RESOLUTION NO. 01-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE IMPROVEMENT FEES (FOR CALENDAR YEAR 2001) FOR DEVELOPMENT WITHIN THE ETIWANDNSAN SEVAINE LOCAL DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA MOTION: Moved by Dutton, seconded by Curatalo to approve Resolution Nos. 01-066 and 01-067. Motion carried unanimously 5-0. F5. CONSIDERATION OF RESOLUTIONS AUTHORIZING A JOINT EXERCISE OF POWERS AGREEMENT (CO 01-021) WITH THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA); AND APPROVING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS BY CSCDA FOR HERITAGE POINTE SENIOR HOUSING Staff report presented by Kathy Wahlstrum, RDA Analyst. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 01-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY RESOLUTION NO. 01-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE OF MULTI- FAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR HERITAGE POINTE SENIOR HOUSING MOTION: Moved by Biane, seconded by Dutton to approve Resolution Nos. 01-068 and 01-069. Motion carried unanimously 5-0. G. PUBLIC HEARINGS No items submitted. City Council Minutes Mamh 21, 2001 Paget t No items submitted. H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 12. ADDED ITEM - APPROVE THE PURCHASE AND APPROPRIATE FUNDS FOR THE PURCHASE OF BATTERY BACK-UP POWER UNITS FOR 94 TRAFFIC SIGNALS TO BE FUNDED FROM ACCOUNT NOS. 100'1303-5300 AND 10'1303-5603 Staff report presented by Joe O'Neil, City Engineer, who added they would like the Council to approve an th additional $180,000 for the signals controlled by Caltrans on Foothill and 19 Street. Councilmember Biane asked what these look like. Joe O'Neil, City Engineer, stated they are wired right into the system and will work if the signal goes down. Councilmember Biane felt this would be very beneficial for any City emergency that might occur. Councilmember Curatalo commended staff and felt this was very timely. Councilmember Dutton agreed and felt this was worthwhile. Mayor Alexander felt Caltrans should be asked to maintain these. Jack Lam, City Manager, stated these devices are new and that they are expensive, but will prove to be very beneficial to everyone. MOTION: Moved by Curatalo, seconded by Dutton to approve staff's recommendation and the $180,000 to accommodate Caltrans intersections. Motion carried unanimously 8-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meetin9. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes March 21,2001 Page 12 L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:10 p.m. Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk CITY OF RC IFAS (PROD) 03/21/01 C N E C K R E G I S T E R CHECK REGISTER Page WED, ~R 21, 2001, 4:20 PM --req: KFINCNER--le~: GL JL--loc: FIN/~NCE---job: 29509 #5055 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00165878 002072 6TH STREET INDUSTRIAL PARK 03/20/01 8.00 MW OE AP00165879 001013 AP00165880 000552 AP00165881 000001 AP00165882 002732 AP00165883 000007 AP00165884 004347 AP00165885 000013 AP00165886 006309 AP00165887 000211 AP00165888 005231 AP00165889 002059 AP00165890 006290 AP00165891 000973 AP00165892 002693 AP00165893 001823 AP00165894 002341 AP00165895 005807 AP00165896 001291 AP00165897 005118 AP00165898 002299 AP00165899 000310 AP00165900 002060 AP00165901 002057 AP00165902 004102 A G BODY INC 03/20/01 436.17 MW OH A JONTUE, ROSE~_NN 03/20/01 4,471.65 MW OE ~ EQUIPMENT RENTALS CO INC 03/20/01 29.57 ~q OR AEC LOCKSMITHS 03/20/01 774.55 ~ OH ABLETRONICS 03/20/01 53.11 MW OH ACCURATE SMOG AUTO ~ TRUCK 03/20/01 672,35 MW OH ACTION BUSINESS Mj~CHINES 03/20/01 68.00 ~q ON ~3~45ON, RONALD 03/20/01 1,120.00 MW OE ADT SECURITY SERVICES INC 03/20/01 369.50 ~ OR AEF SYSTEMS CONSULTING INC 03/20/01 16,008.04 ~ OR AICON ENTERPRISES 03/20/01 62.03 ALLEN, TONY 03/20/01 583,20 ~Nq OH ~J~PRAGPj~PHICS 03/20/01 2,722.54 MW OR AMTECH ELEVATOR SERVICES 03/20/01 328.07 ~FW OR ARCH WIRELESS 03/20/01 269.45 MW OR ARCRIB~J~D FLOWERS 03/20/01 138.35 ~ OH ARCNITERRA DESIGN GROUP 03/20/01 1,572.44 MW OH ARCUS DATA SECURITY 03/20/01 122.50 MW OH AP~4A INTERNATIONAL INC 03/20/01 165.00 MW OH ARROW TRAILER SUPPLIES 03/20/01 58.75 MW OH ARROW TRUCK BODIES ~ EQUIPM 03/20/01 117.39 MW OH AVEN~3E NO 737 03/20/01 46.00 F~q OH kXELS 03/20/01 7.00 ~q OR B ~ K ELECTRIC WHOLES~LE 03/20/01 45.99 MW OH Payee Name different in Check DB CITY OF RC IFAS (PROD) 03/21/01 C H E C K R E G I S T E R CHECK REGISTER Page 2 WED, MAR 21, 2001, 4:20 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---j ob: 29509 #S055 ..... pro9: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~ount Type Subs Rel To Note AP00165903 004885 BECKER/~gD BELL INC 03/20/01 200.00 bSq OH AP00165904 004441 BEST BUY CO INC 03/20/01 247.22 ~ OH AP00165905 001656 BIa~ST IT ~LL 03/20/01 331.00 MW OH AP00165906 006602 BODY SHOTS 03/20/01 968.42 MW OH AP00165907 004699 BOPdDNER, FL~RGIE 03/20/01 459.60 MIq OH AP00165908 005993 BROCK, ALLEN 03/20/01 368.07 FU~ OH AP00165909 002209 BRUCE, INGRID 03/20/01 32.22 ~ OH AP00165910 001166 BRUNSWICK DEER CREEK L~/qES 03/20/01 628.00 MW OH AP00165911 002559 C/~LBO 03/20/01 125.00 MW OH AP00165912 001223 CALSENSE 03/20/01 1,990.42 ~sq OH AP00165913 002061 CARLISLE, ALAN 03/20/01 23.00 MW OH AP00165914 000266 CERTIFIED AUTO CARE 03/20/01 4,962.05 MW OH AP00165915 001061 CHAMPION AWARDS ~ SPECIALIE 03/20/01 451.69 ~[W OH AP00165916 006052 C}{ARTER COb~4UNICATIONS 03/20/01 635.00 MW OH AP00165917 002063 CHINO VALLEY DAIRY PRODUCTS 03/20/01 12.00 MW OR AP00165918 000073 CITRUS MOTORS OMTARIO INC 03/20/01 ~18.24 MW OH AP00165919 000949 CLARK, Fj~REN 03/20/01 252.00 MW OH AP00165920 004654 CLAYTON, JA/qICE 03/20/01 137.50 MW OH AP00165921 004949 CLOUT 03/20/01 64.00 ~5~ OH AP00165922 004211 COAST RECREATION INC 03/20/01 1,161.36 FP~ OH AP00165923 002470 COLTON TRUCK SUPPLY 03/20/01 173.05 MW OH AP00165924 005407 COMBINED MARTIAL SCIENCE 03/20/01 1,317.60 MW OH AP00165925 021959 COMbTUTgITy BAPTIST CHURCH 03/20/01 300.00 MW OH AP00165926 002362 COMSERCO INC. 03/20/01 319.10 MW OH AP00165927 002062 CONTEMPORARY HEATING ~ AIR 03/20/01 227.89 MW OH CITY OF RC IFAS (PROD) 03/21/01 C H E C K WED, MAR 21, 2001, 4:20 PM --req: KFINCHER--leg: GL JL--loc: Check Payee ID. Payee Name Date AP00165928 006709 AP00165929 004316 AP00165930 000085 AP00165931 021849 AP00165932 000604 AP00165933 000239 AP00165934 004488 AP00165935 000105 AP00165936 001310 AP00165937 003698 AP00165938 000107 AP00165839 004544 AP00165940 000839 AP00165941 002050 AP00165942 004109 AP00165943 002082 AP00165944 003875 AP00165945 000527 AP00165946 004205 AP00165947 003364 AP00165948 002053 AP00165949 003614 AP00165950 005137 AP00165951 002349 AP00165952 002054 COPP CRUSHING, D~M 03/20/01 CORPORATE EXPRESS OFFICE PROD 03/20/01 CUC~MONGA CO WATER DIST 03/20/01 CULLIG~-N SOFT WATER SERVICE O 03/20/01 CYBERCOM RESOURCES INC 03/20/01 D ~ K CONCRETE COMP~aNY 03/20/01 DAGHDEVIRIAN, KATHY 03/20/01 DAN GUEPd{A ~ ASSOCIATES 03/20/01 DAVE GIEBRICH 03/20/01 DEALERS AUTO TRIM 03/20/01 DETCO 03/20/01 DICK, ERIC 03/20/01 DIETERICH INTERNATIONAL TRUCK 03/20/01 DIGITAL ODYSSEY ~2qD COMM INC 03/20/01 DIRECT EDGE INC 03/20/01 DIVERSIFIED CONSTRUCTION DOCU 03/20/01 DU~TN EDWARDS CORPORj~TION 03/20/01 DY~LN INC, DIANE 03/20/01 DYN]LMIC GRAPHICS INC 03/20/01 EIGHTH AVENUE GRAPHICS 03/20/01 EIGHTH ST RANCHO LP 03/20/01 ELITE TOWING 03/20/01 EMPIRE MOBILE HOME SERVICE 03/20/01 ESGIL CORPORATION 03/20/01 EVIDEN~TDATA INC 03/20/01 R E G I S T E R CHECK REGISTER Page 3 FIN/LNCE---job: 29509 #S055 ..... proD: CK200 <l.37>--report id: CKREG--- Check Amount Type Subs Rel To Note 60.00 ~ OH 143.06 MW OH 3,070.33 MW OH 65.26 P~q OH 5,200.00 ~ OH 551.48 MW OH 405.00 MW OH 44,580.00 MW OH 500.00 MW OH AR 109.98 MW OH 137.76 MW OH 75.00 MW OH 341.67 MW OH 258.86 MW OH 123.01 MW OH 17.54 ~P~ OH 6.00 MW OH 420.00 MW OH 159.95 MW OH 3,956.49 MW OH 10.00 MW OH 100.00 MW OH 2,190.02 MW OH 22,713.31 MW OH 88.00 MW OH CITY OF RC IFAS (PROD) 03/21/01 C H E C K WED, ~L~R 21, 2001, 4:20 PM --req: KFINCHER--leg: GL JL--loc: Check Payee ID. Payee Name Date AP00165953 000229 AP00165954 004914 AP00165955 005521 AP00165956 000779 AP00165957 004817 AP00165958 080046 AP00165959 041188 AP00165960 001846 AP00165961 006556 AP00165962 000125 AP00165963 004371 AP00165964 004762 AP00165965 002055 AP00165966 000098 AP00165967 002056 AP00165968 006074 AP00165969 041190 AP00165970 001815 AP00165971 090702 AP00165972 001684 AP00165973 005502 AP00165974 005955 AP00165975 001245 AP00165976 000491 AP00165977 003827 EWING IRRIGATION PRODUCTS 03/20/01 EXCLUSIVE EMAOES 03/20/01 EXPERI~aq 03/20/01 EZ RENTALS 03/20/01 FATL~%ND, S~3gDRA 03/20/01 FERGUSON ENTERPRISES INC 03/20/01 FIBRE CONTAINERS COMPANY 03/20/01 FIELDING, RICHARD 03/20/01 FINESSE PERSONNEL ASSOCIATES 03/20/01 FIRST ;~ERICAN TITLE INS CO 03/20/01 FISHER SCIENTIFIC 03/20/01 FOOTHILL F/~MILY SHELTER 03/20/01 FOOTHILL GRILL LLC 03/20/01 FOP33 PRINTING ~ MAILING INC 03/20/01 FOX ~ STEPHENS 03/20/01 FUKUSHIM]~, JUDITH 03/20/01 FURNITURE CONNECTION, THE 03/20/01 G W ENTERPRISE 03/20/01 GALLS INC. 03/20/01 GENTRY BROS INC 03/20/01 GIORD~O, ~I~RI~/gNA 03/20/01 GOLDEN WEST DISTRIBUTING 03/20/01 GONSALVES ~3gD SON,JOE A 03/20/01 GRAVES AUTOMOTIVE SUPPLY 03/20/01 GREEN ROCK POWER EQUIPMENT 03/20/01 R E G I S T E R CHECK REGISTER Page 4 FIbL~NCE---jOb: 29509 #S055 ..... prog: CK200 <1.37>--report id: CKREG--- Check Amount Type Subs Rel To Note 135.16 ~F~ OH 139.76 MW OH 50.00 MW OH 80.99 MW OH 29.90 MW OH 6.00 MW OH 28.80 MW OH 35.00 ~Sq OH 788.00 ~q OH 75.00 N~q OH 1,180.88 MW OH 250.00 MW OH 206.32 MW OH 833.08 NN OH 8.32 NN OH 1,560.00 MW OH 20.75 MW OH 755.58 NN OH 341.81 N~q OH 110,329.65 MW OH 144.00 MW OH 98.64 NN OH 2,300.00 NN OH 19.41 MW OH 50.39 MW OH Payee Name different in Check DE CITY OF RC IFAS (PROD) 03/21/01 C H E C K WED, ~ 21, 2001, 4:20 PM --req: KFINCHER--le9: GL JL--loc: Check Payee ID. Payee Name Date AP00165978 000328 AP00165979 006383 AP00165980 004525 AP00165981 032286 AP00165982 006127 AP00165983 002028 AP00165984 000462 AP00165985 003334 AP00165986 002256 AP00165987 000158 AP00165988 002027 AP00165989 001234 AP00165990 002029 AP00165991 003634 AP00165982 000161 AP00165993 002412 AP00165994 000449 AP00165995 000495 AP00165996 031764 AP00165997 004254 AP00165998 005675 AP00165999 004188 AP00166000 004694 AP00166001 001988 AP00166002 001218 R E G I S T E R CHECK REGISTER Page 5 FINANCE---job: 29509 ~S055 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Amount Type Subs Rel To Note GUZMJ~N, ELISEO L 03/20/01 H.V. CARTER CO. 03/20/01 HAA/~ER EQUIP~NT CO 03/20/01 PLaNCOCK FABRICS 1466 03/20/01 m~GEH 18 03/20/01 HARRIS, LOU ~ JUDY 03/20/01 HCS CUTLER STEEL CO 03/20/01 HEILIG, KELLY 03/20/01 HI LINE ELECTRIC COMP~NY 03/20/01 ROLLIDAY ROCK CO INC 03/20/01 HOLMES POOL SERVICE 03/20/01 HOSE ~ INC 03/20/01 HOSPIT~J~ITY PROFESSIONAL BLDG 03/20/01 HOUSE OF RUTH 03/20/01 HOYT LUMBER CO, S M 03/20/01 ROYT, RAYMOND 03/20/01 HURST, MLISSA 03/20/01 HYDROSCAPE PRODUCTS INC 03/20/01 IBM CORP 03/20/01 IBM CORPORATION 03/20/01 ICBO S~N DIEGO CHAPTER 03/20/01 ID BURR 03/20/01 IIMC 03/20/01 INDENTICATOR 03/20/01 INDUSTRIAL DISTRIBUTION GROUP 03/20/01 87.50 MW OH 387.38 ~Sq OH 122.16 b~4 OH 23.00 MW OH 48.00 MW OH 8.81 bfW OR 530.41 MW OH 931.50 MW OH CC 306.47 ~ OH 679.61 MW OH 5.40 MW OH 319.06 MW OH 11.04 MW OH 633.00 MW OH 1,206.23 ~Sq OH 585.90 MW OH CC 2,772.00 MW OH CC 923.16 M]q OH 23.01 MW OH 5,538.99 MW OH 50.00 MW OH 107.50 MW OH 295.00 MW OH 88.69 N~q OH 189.20 MW OH CITY OF RC IFAS (PROD) 03/21/01 C H E C K R E G I S T E R CHECK REGISTER Page 6 WED, ~ 21, 2001, 4:20 PM --req: KFINCEER--leg: GL JL--loc: FI~L~NCE---job: 29509 #S055 ..... prog: CK200 <l.37>-~report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166003 006889 INF~NT F~MILY SERVICES PROGRA 03/20/01 639.60 ~Sq OH AP00166004 002030 INITIAL STAFFING SERVICES OF 03/20/01 45.90 ~Bq OH AP00166005 005682 INL~2aD IN73USTRIAL MEDICAL GRO 03/20/01 326.60 MW OH AP00166006 000908 INL~3 MEDIATION BO~RD 03/20/01 1,745,07 MW OH AP00166007 000122 INI~ND VALLEY DAILY BULLETIN 03/20/01 2,778.00 ~Bq OH AP00166008 006202 INLAND VALLEY D~NCE ACJ~DEMY 03/20/01 352.00 P~q OH CC AP00166009 002315 IN'LJ~ND WHOLESALE NURSERY 03/20/01 353.03 F~q OH AP00166010 090933 INTERSTATE BATTERIES 03/20/01 229.21 ME OH AP00166011 003452 INTRAVAIA ROCK AND S/~qD 03/20/01 200.00 MW OH AP00166012 002507 I~F~ENSyS BUILDING SYSTEMS INC 03/20/01 10,109.00 ~ OH AP00166013 002031 ISELA'S FASHION 03/20/01 11.50 MW AP00166014 002034 J B S TECHNOLOGIES 03/20/01 12.00 MW OH AP00166015 002033 J MCLOUGRLIN ENG CO 03/20/01 187.49 Nfl~ OH AP00166016 001941 JACOBSEN DIVISION OF TEXTRON 03/20/01 204.25 ~Bq OH AP00166017 002032 JEWEL AUTO SALES 03/20/01 12.90 ~q OH AP00166018 005283 JONES 3~gD ~YER, LAW OFFICES 03/20/01 1,250,00 MW OH AP00166019 006559 JONES, J~ES 03/20/01 225.00 MW OH AP00166020 002058 JOSEPH ASSOCIATES, C}LARLES 03/20/01 63.74 ~Bq OH AP00166021 001716 K B HOMES 03/20/01 1.20 ~Sq OH AP00166022 006139 K/~UF~ ~ BROAD 03/20/01 46.13 ~q OR AP00166023 002220 KELLY PAPER COMPLY 03/20/01 16.88 MW OH AP00166024 004982 KOPj~gDA CONSTRUCTION 03/20/01 1,370.00 ~Bq OH AP00166025 000172 KOZLOVICH, DEBBIE 03/20/01 1,932.00 MW OH CC AP00166026 006516 KRUSE, JO~N A 03/20/01 1,160.00 ~ OH CC AP00166027 005545 L S A ASSOCIATES INC 03/20/01 7,622.60 ~FW OH Payee Name different in Check DB CC CITY OF RC IFAS (PROD) 03/21/01 C H E C K R E G I S T E R CHECK REGISTER Page 7 WED, MAR 21, 2001, 4:20 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 29509 #S055 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166028 000193 LAIRD CONSTRUCTION CO 03/20/01 37,740.96 MW OH AP00166029 000339 LAM, JACK 03/20/01 29.13 MW OH AP00166030 000941 LAM, KIN 03/20/01 200.00 MW OH CC AP00166031 005216 LAS ROSAS Eb~4A SORCINI 03/20/01 48.00 MW OH CC AP00166032 002035 LAW OFFIC OF THOMAS L SPU~LDI 03/20/01 23.32 ~q OH AP00166033 002037 LAW OFFICE OF PATRICIA D BARR 03/20/01 6.00 MW OH AP00166034 002036 LAW OFFICE OF VINCEINT B G~_RC 03/20/01 45.85 MW OH AP00166035 000849 LAWSON PRODUCTS INC 03/20/01 131.04 MW OH AP00166036 001595 LEWIS DORIS I 03/20/01 200.00 MW OH AR AP00166037 001813 LIGHT IMPRESSIONS 03/20/01 115.94 MW OH AP00166038 006296 LIVE OAK DOG OBEDIENCE 03/20/01 448.80 MW OH CC AP00166039 005662 LOS ANGELES COCA COLA BTL CO 03/20/01 546.53 MW OH AP00166040 000200 LOS ANGELES TIMES 03/20/01 53.64 MW OH AP00166041 003201 LUPE ~ JOHNNYS BODY ~ PAI 03/20/01 12.86 MW OH AP00166042 003156 LUS LIGHTHOUSE INC 03/20/01 605.66 MW OH AP00166043 001062 M C I WORLDCOM 03/20/01 1,399.61 MW OH AP00166044 001062 M C I WORLDCOM 03/20/01 18.59 ~Sq OH AP00166045 002038 MAGIC LAMp INC 03/20/01 5.18 MW OH AP00166046 006553 MAGRUDER, KAREN 03/20/01 397.57 MW OH CC AP00166047 004806 MAKS}{ANOFF, WILLIAM N 03/20/01 293.25 MW OH AP00166048 000549 MARIPOSA HORTICULTURAL ENT IN 03/20/01 48,082.94 MW OH AP00166049 004727 MARSHALL PLUMBING 03/20/01 1,197.66 MW OH AP00166050 004701 MARSHALL, SYLVIA 03/20/01 897.90 MW OH CC AP00166051 003800 MASTERS, TIM 03/20/01 87.50 MW OH CC AP00166052 001148 MCKINLEY TREE GRATE CO 03/20/01 1,884.35 MW OH CITY OF RC IFAS (PROD) 03/21/01 C H E C K R E G I S T E R CNECK REGISTER Page 8 WED, ~L~R 21, 2001, 4:20 PM --req: KFINCNER--leg: GL JL--loc: FIN~JqCE---jOb: 29509 #S055 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166053 001617 MCLS 03/20/01 54.00 MW OH AP00166054 002049 E~DEZ, BOB 03/20/01 87.50 MW ON CC AP00166055 002039 MEYER PAINTING INC 03/20/01 397.04 MW ON AP00166056 007173 MEYER, PATRICIA 03/20/01 141.58 MW ON AP00166057 004374 MOBILE STOPj~GE GROUP INC 03/20/01 135.02 ~F~ OH AP00166058 000435 N F P A 03/20/01 4,925.22 ~q OH AP00166059 002248 NAPA AUTO PARTS 03/20/01 727.06 NFW OH AP00166060 001228 NATIONAL RECREATION ~tND PARK 03/20/01 70.00 MW OH AP00166061 001850 NATIONAL SEMIbLURS GROUP 03/20/01 295.00 ~ OH AP00166062 006687 ~L~TIONS REN~r 03/20/01 12.10 MW OH AP00166063 002040 NEW WORLD MEDICAL INC 03/20/01 46.02 FSq OH AP00166064 000523 OFFICE DEPOT 03/20/01 4,121.50 MW OH AP00166065 001686 OKETOLA, ELIZ~BETH 03/20/01 200.00 MW OH AR AP00166066 002041 OLD COb'NTRY B~CERy 03/20/01 6.04 MW OH AP00166067 000235 OWEN ELECTRIC 03/20/01 6,277.52 MW OH AP00166068 001441 PACIFIC BELL 03/20/01 5,662.39 MW OH AP00166069 001441 PACIFIC BELL 03/20/01 22.66 MW OH AP00166070 002042 PACIFIC LINE CLE3~NUp INC 03/20/01 43.13 ~Eq OH AP00166071 006287 PACIFIC_~RE OF CALIFORNIA 03/20/01 36,563.01 MW OH AP00166072 005318 PARKER, EH3~NNON 03/20/01 129.00 MW OH CC AP00166073 000757 PEP BOYS 03/20/01 3.63 MW OH AP00166074 001886 PEP~RY DESIGN 03/20/01 18.00 MW OH AP00166075 001885 PERSONAL TOUCH CLF~ANING 03/20/01 16.38 F~q OH AP00166076 005720 PERVO PAINT CO 03/20/01 909.45 ~q OH AP00166077 006205 PETEPJ~N LUMBER 03/20/01 110.96 N~q OH CITY OF RC IFAS (PROD) 03/21/01 C H E C K R E G I S T E R CHECK REGISTER Page 9 WED, MAR 21, 2001, 4:20 PM --req: KFINCEER--leg: GL JL--loc: FINANCE---job: 29508 #S055 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check/~nount Type Subs Rel To Note AP00166078 032243 PIC N SAVE 103 03/20/01 30.74 MW OH AP00166079 006211 PIONEER STI~73AR]D ELECTRONICS 03/20/01 494.34 MW OH AP00166080 006148 PIRON, SHAUN 03/20/01 204.00 MW OH CC AP00166081 007211 PITTENGER, CHRISTINA 03/20/01 11.04 MW OH AP00166082 003952 POMONA INL VALLEY CNCL OF CHU 03/20/01 607.50 MW OH AP00166083 001049 POMONA VALLEY KAWASAKI 03/20/01 1,387.64 N~q OE AP00166084 000693 POWERSTRIDE BATTERY CO INC 03/20/01 63.37 ~Sq OH AP00166085 005316 PRECISION GYMNASTICS 03/20/01 781.32 MW OE CC AP00166086 000065 PRUDEN~TIAL OVERALL SUPPLY 03/20/01 22.83 MN OH AP00166087 004335 PUBLIC AGENCY RISK SHARING AU 03/20/01 11,933.45 MN OH AP00166088 004420 QUICK CRETE PRODUCTS 03/20/01 7,638.95 MN OH AP00166089 002075 R & B PRINTING SERVICES 03/20/01 15.45 MN OH AP00166090 000959 RADIO SHACK ACCOUNTS RECEIVAB 03/20/01 455.30 MN OH AP00166091 000959 Pj~DIO SHACK ACCOUNTS RECEIV~ 03/20/01 23.00 MW OR AP00166092 000264 RALPES GROCERY COMP~NY 03/20/01 109.03 ~Sq OH AP00166093 005174 P3~NCEO CUC~24ONGA FAMILY YMCA 03/20/01 500.00 MN OH AP00166094 002078 Pj~NCHO FEED 03/20/01 7.52 ~FN OH AP00166095 091806 Pj~NCRO FOREIGN CAR PARTS 03/20/01 170.62 MN OH AP00166096 006337 REIN~H/~RDT, RITA 03/20/01 312.00 MN OH AP00166097 012002 REMED~EMP, INC 03/20/01 145.42 MW OH AP00166098 002116 RIB ROOF INC 03/20/01 3,113.00 MW OH AP00166099 002081 RICEWORKS STAINED GLASS 03/20/01 11.50 MN OR AP00166100 000276 RIVERSIDE BLUEPRINT 03/20/01 188.92 ~ OH AP00166101 000389 RIVERSIDE COMMERCIAL INVESTOR 03/20/01 1,000.00 MW OH AR AP00166102 003314 ROBINSON FERTILIZER 03/20/01 2,943.56 F~4 OH CITY OF RC IFAS (PROD) 03/21/01 C H E C K R E G I S T E R CHECK REGISTER Page 10 WED, MAR 21, 2001, 4:20 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 29509 #S055 ..... pro9: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166103 000626 ROBLES SR, PAUL P 03/20/01 55.00 MW OH AP00166104 091824 RODRIGUEZ, ALICIA 03/20/01 51.38 MW OH AP00166105 005745 SAFELITE GLASS CORP 03/20/01 280.62 MW OE AP00166106 005538 SAN ANTONIO MATERIALS 03/20/01 804.22 MW OH AP00166107 000301 S2~N BERN COUNTY SEERIFFS 03/20/01 5,633.51 MW OH AP00166108 000301 SAN BERN COUNTY SHERIFFS 03/20/01 44.00 MW OH AP00166109 000301 SA/q BERN COUNTY SHERIFFS 03/20/01 2,418.95 MW OE AP00166110 000279 S~/q BER/q COLrNTY SUN 03/20/01 26.46 MW OH AP00166111 000150 SAN BERN COUNTy 03/20/01 55.00 MW OH AP00166112 000150 SAN BERN COUNTY 03/20/01 114.50 MW OH AP00166113 000132 SA/q DIEGO ROTARY BROOM CO INC 03/20/01 62.35 MW OH AP00166114 002089 SAVILEj~, JERRY 03/20/01 200.00 MW OE AP00166115 001672 SEIKO INSTRUMENTS USA INC 03/20/01 6.24 MW OH AP00166116 005634 SENN, CINDY 03/20/01 256.80 MW OH AP00166117 001829 SHARED TECHNOLOGY FAIRCHILD T 03/20/01 3,919.85 MW OH AP00166118 001987 SHERWOOD ARTWORKS 03/20/01 180.00 MW OH AP00166119 002091 SILVA, CARLOS 03/20/01 50.00 MW OH AP00166120 012180 SIPEOMSAy, SID 03/20/01 44.05 MW OE AP00166121 001327 SMART ~ FINAL 03/20/01 352.73 MW OH AP00166122 000317 SO CALIF EDISON CO 03/20/01 94,323.58 MW OH AP00166123 002092 SOCORRO'S RESTAURANT 03/20/01 46.00 MW OH AP00166124 003058 STATE OF CALIFORNIA 03/20/01 1,408.00 MW OH AP00166125 003632 STEELWORKERS OLDTIMERS FOLTNDA 03/20/01 775.11 MW OH AP00166126 002093 SUN CHA~rNEL INDUSTRIES 03/20/01 44.50 MW OH AP00166127 006355 SUNGARD BI TECH INC 03/20/01 30,417.08 MW OH Payee Name different in Check DB Payee Name different in Check DB CITY OF RC IFAS (PROD) 03/21/01 C H E C K R E G I S T E R CHECK REGISTER Page 11 WED, MAR 21, 2001, 4:20 PM --req: KFINCBER--le~: GL JL--loc: FINANCE---job: 29509 ~S055 ..... proD: CK200 <l.37>--report id: CK/~EG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166128 004733 SUNRISE FORD 03/20/01 37.41 MW AP00166129 002344 TARGET 03/20/01 405.09 MW OH AP00166130 003942 TER/4INIX INTERNATION3~L 03/20/01 327.00 MW OH AP00166131 002718 TERRY, DON~qA 03/20/01 345.60 MW OH AP00166132 002094 THINK TANK DESIGNS 03/20/01 9.92 MW AP00166133 002097 TR/~FFIC CONTROL SUPERVISORS A 03/20/01 35.00 MW OH AP00166134 002095 TROPICAL MARKET DOMINECA ENT 03/20/01 35.60 MW OH AP00166135 003388 TRUGREEN Lj~NDCARE REGION/~L 03/20/01 6,999.00 MW OH AP00166136 002099 TUP/qER TERPJ%CE 78 A CA LIMITE 03/20/01 8.01 MW AP00166137 001021 U S K O 03/20/01 288.00 MW OH AP00166138 002958 UMPS ARE US ASSOCIATION 03/20/01 3,105.00 MW OH AP00166139 003437 LrNIFIRST UNIFORm4 SERVICE 03/20/01 2,089.83 AP00166140 004606 UPI~B24D TENNIS CLUB 03/20/01 511.20 MW OH AP00166141 006398 VEN~fUR3~, LOUIS 03/20/01 42.00 MW AP00166142 000137 VERIZON CALIFORNIA 03/20/01 570.97 MW OH AP00166143 006661 VERIZON WIRELESS 03/20/01 5,496.91 MW OH AP00166144 002104 VINCE'S SPAGHETTI HOUSE INC 03/20/01 56.59 MW OH AP00166145 001103 VISTA PAIN"T 03/20/01 2,226.94 MW OH AP00166146 001618 VONS 03/20/01 46.14 MW AP00166147 006220 WAL MART 03/20/01 9,998.71 MW OH AP00166148 001675 W2~LSH, TIM 03/20/01 468.00 MW AP00166149 000213 W/~XIE 03/20/01 679.28 MW AP00166150 002108 WEST COAST LIQUIDATORS INC 03/20/01 795.53 MW OH AP00166151 004175 WEST COAST NETTING 03/20/01 895.00 NSq OH AP00166152 000637 WEST EbrD UNIFORMS 03/20/01 11.83 MW OH Payee Name different in Check DB Payee Name different in Check DB CITY OF RC IFAS (PROD) 03/21/01 C H E C K R E G I S T E R CHECK REGISTER Page 12 WED, MAR 21, 2001, 4:20 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 29509 #S055 ..... prog: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166153 004405 AP00166154 005222 AP00166155 000872 AP00166156 002112 AP00166157 002113 AP00166158 002115 WEST ENiD YWCA WHITE CAP WITTER, JOANNE ZENDEJAS, VICTORIA GRAND TOTALS: Total Void Machine Written Total Void Hand Written Total Machine Written Total Hand Written Total Reversals Total Cancelled Checks GRAND TOTAL 03/20/01 748.oo ~ oH 03/20/01 408.49 MW OH 03/20/01 94.50 ~ OH 03/20/01 9.15 03/20/01 85.48 MW OH 03/20/01 150.00 ~ OH 0.00 0.00 663,538.46 0.00 0.00 0.00 663,538.46 Number of Checks Processed: Number of Checks Processed: Nu~er of Checks Processed: Number of Checks Processed: Number of Checks Processed: Number of Checks Processed: 0 0 281 0 0 0 CITY OF RC IFAS (PROD) 03/28/01 C H E C K R E G I S T E R CHECK REGISTER Page 1 WED, ~ 28, 2001, 3:03 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---j ob: 30166 ~S034 ..... proD: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166254 004635 AP00166255 090139 AP00166256 004455 AP00166257 002732 AP00166258 006309 AP00166259 021700 AP00166260 002693 AP00166261 001823 AP00166262 005807 A ~ K PHOTOGRAPHY APCO AACE ABC LOCKSMITES ADAMSON, RONALD AIR LIQUIDE AMERICA CORPORATI ~4TECE ELEVATOR SERVICES ARCH WIRELESS ARCEITERRA DESIGN GROUP AP00166263 000310 ARROW TRUCK BODIES ~aqD EQUIPM AP00166264 VOID.CON~fINU Void - Continued Stub AP00166265 000667 AP00166266 000026 AP00166267 006115 AP00166268 000952 AP00166269 000033 AP00166270 002067 AP00166271 001247 AP00166272 004699 ARROWHEAD CREDIT UNION ASSOCIATED ENGINEERS AUFBAU CORPORATION AZ TEX TRAILERS BASELINE TRUE VALUE ~ARDW~RE BENDER, MATTHEW BE PAPER CO INC BORDNER, MARGIE AP00166273 001357 BRICKEN ~ ASSOCIATES, GORDO AP00166274 VOID.CONTIK~J Void - Continued Stub AP00166275 004369 AP00166276 006151 AP00166277 005341 AP00166278 002440 BROD~T BOOKS BRYNGELSON PRINTS BUCFa~%MA/qDASSOCIATES BURRUSO, LISA 03/28/01 36.92 ~ OH 03/28/01 180.00 03/28/01 90.00 ~ ON 03/28/01 17.20 ~ OH 03/28/01 2,464.00 MW OH 03/28/01 15.67 M~q OH 03/28/01 187.39 MW OH 03/28/01 1,647.77 ~q OH 03/28/01 2,988.90 N~ OH 03/28/01 26.60 bTN OH 03/28/01 0.00 VM OH 03/28/01 7,180.16 ~ OH 03/28/01 5,799.55 MW OH 03/28/01 61,847.50 MW 03/28/01 6,627.13 M~q OH 03/28/01 94.34 MW OH 03/28/01 53.52 MW OH 03/28/01 89.30 MW OH 03/28/01 200.00 MW OH 03/28/01 525.00 MW OH 03/28/01 0.00 VM OH 03/28/01 1,835.90 MW OH 03/28/01 2,278.46 MW OH 03/28/01 2,847.52 MW OH 03/28/01 50.40 MW OH Payee Name different in Check DB Void Void Payee Name different in Check DB CITY OF RC IPAS (PROD) 03/28/01 C 14 E C K R E G I S T E R CHECK REGISTER Page 2 WED, ~R 28, 2001, 3:03 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 30166 #E034 ..... prog: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166279 005746 BUSIK~SS SPECIALTIES 03/28/01 2,151.50 MW OH AP00166280 005369 AP00166281 005131 AP00166282 004575 AP00166283 032438 AP00166284 001061 AP00166285 006052 AP00166286 001337 AP00166287 000074 AP00166288 006709 AP00166289 006188 AP00166290 000054 AP00166291 000097 CAL COVER pRODUCTS C3~LIFOR/qIA MUNICIPAL TREASURE CALIFORNIA REDEVELOPMNT ASSO C142b~{ILL CON~EP~ACTORS CPU~MPION AWARDS ~ SPECIALIE CF3~RTER CO~4UNICATIONS CIESLIK, DA}]IEL CITY RENTALS COPP CRUS14ING, DAN COVEESTER INC CP CONSTRUCTION CPRS DISTRICot XI AP00166282 VOID.CONTIN~3 Void - Continued Stub AP00166293 000085 AP00166294 001067 AP00166295 005846 AP00166296 006064 AP00166297 005138 AP00166298 004544 AP00166299 001962 AP00166300 004205 AP00166301 041179 AP00166302 090520 AP00166303 000123 CUCA~4ONGA CO WATER DIET DAVID, ROMEO M DELTA MICROIMAGING INC DEPARTMENT ISSL~ DI~40~ FENCE CO DICK, ERIC DUEAART STONE DYNAMIC GRAPHICS INC EL MONTE AUTO PAINT EMPLOYMENT SYSTEMS INC, FEDERAL EXPRESS CORP 03/28/01 325.00 MW OH 03/28/01 170.00 MW OH o3/28/0z 575.00 ME 03/28/01 37,495.75 MW OH 03/28/0~ 39v.38 03/28/01 3,443.16 MW 03/28/01 320.00 MW O~ o3/28/ol ls.oo ME -oH 03/28/01 U0.00 ME OH 03/28/01 47.00 MW O14 03/28/01 270.45 MW 03/28/01 50.00 MW OH o3/28/ol o.oo 03/28/01 7,035.87 MW 03/28/01 3,120.00 MW OH 03/28/01 1,235.91 MW OR 03/28/01 1,376.00 MW 014 03/28/01 585.00 MW 03/28/01 1,000.00 MW OH 03/28/01 2,534.85 MW O14 03/28/01 58.95 MW OH 03/28/01 103.54 MW O14 03/28/01 2,720.51 MW OH 03/28/01 218.03 MW O14 Void CITY OF RC IFAS (PROD) 03/28/01 C H E C K R E G I S T E R CHECK REGISTER Page 3 WED, MAR 28, 2001, 3:03 PM --req: CGONZALE--leg: GL JL--loc: FIN~CE---job: 30166 #S034 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~anount Type Subs Rel To Note AP00166304 006556 FINESSE PERSONNEL ASSOCIATES 03/28/01 3,117.00 MW OH AP00166305 002840 FORD OF UPLAND INC 03/28/01 49.95 ~Sq OH AP00166306 001082 FPJ~NKLIN COVEY CO 03/28/01 173.94 ~ OH AP00166307 033005 GARRISON, LESLIE 03/28/01 105.00 ~TW OH AP00166308 002195 GAYTON, LUKE 03/28/01 141.08 MW OH AP00166309 002020 GEEZERS CATERING SERVICES 03/28/01 373.17 MW OH AP00166310 001989 GIGUERE, GREG 03/28/01 900.00 MW OH AP00166311 041012 GILLEY, DANNI 03/28/01 85.00 MW OH AP00166312 005502 GIORDANO, MARlANNA 03/28/01 225.00 MW OH AP00166313 002194 GRAHN, TOM 03/28/01 750.00 MW OH AP00166314 004486 GUARDIAN 03/28/01 3,186.94 MW OH AP00166315 002193 GULLA, KEITH 03/28/01 49.40 MW OH AP00166316 006383 H.V. CARTER CO. 03/28/01 19.46 MW OH AP00166317 005699 HARALAMBOS BEVERAGE COMP~NY 03/28/01 310.95 ~FW OH AP00166318 004600 FAZP/~K, INC 03/28/01 1,116.00 MW OH AP00166319 000437 HIRDERLITER DE LL~S AND ASS 03/28/01 38,903.77 MW OH AP00166320 090817 HOME DEPOT/GECF, THE 03/28/01 4,517.42 MW OH AP00166321 006513 IAPMA 03/28/01 40.00 MW OH AP00166322 004188 ID BURR 03/28/01 56.98 MW OH AP00166323 000122 INL~a4D VALLEY DAILY BULLETIN 03/28/01 1,854.40 MW OH AP00166324 002315 INLAND WHOLESALE NURSERY 03/28/01 34.94 MW OH AP00166325 003989 INTOXIMETERS INC 03/28/01 96.07 ~[W OH AP00166326 000658 JAWOROWSKI, S~a4DRA 03/28/01 26.91 MW OH AP00166327 000179 KAISER FOUNDATION HEALTH PI~N 03/28/01 38,233.49 MW OH AP00166328 002220 KELLY PAPER COMP~/~Y 03/28/01 94.17 ~FW OH Payee Name different in Check DB CITY OF RC IFAS (PROD) 03/28/01 C H E C K R E O I S T E R CHECK REGISTER Page 4 WED, MAR 28, 2001, 3:03 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 30166 #S034 ..... pro~: CK200 <1.37>--report id: CYd~EG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166329 005059 KINKOS COPIES 03/28/01 397.48 ~Sq OH AP00166330 006193 KLAMATH BAY 03/28/01 1,712.75 MW OH AP00166331 006516 RUSH, JOAN A 03/28/01 1,000.00 MW OH CC AP00166332 002186 KUDOS HOME IMPROVSME~vr 03/28/01 78.00 MW OH AP00166333 001664 LAMPS, JARRED 03/28/01 128.00 MW OH CC AP00166334 000195 I~n/qCE SOLL 1~ LL~qGPL~RD 03/28/01 5,200.00 MW OE CC AP00166335 001813 LIGHT IMPRESSIONS 03/28/01 48.01 MW OH AP00166336 005274 LITTLE BEAR PRODUCTIONS 03/28/01 2,856.20 MW OH CC AP00166337 005662 LOS ANGELES COCA COLA BTL CO 03/28/01 250.67 MW OB AP00166338 000200 LOS ANGELES TIMES 03/28/01 18.00 MW OR AP00166339 003156 LUS LIGHTHOUSE INC 03/28/01 545.72 MW OH AP00166340 002181 MA/3OLE E ASSOCIATES OF S~aq 03/28/01 37.00 MW OE AP00166341 002555 MCALLISTER DESIGN 03/28/01 1,268.06 MW OH CC AP00166342 004032 MEA/qS CO INC, R S 03/28/01 75.02 MW OH AP00166343 002542 METROPOLITAN WATER DISTRICT 03/28/01 1,200.00 MW OH AP00166344 001854 MIDPOINT INTSPdqATION/~L INC 03/28/01 1,938.00 MW OH AP00166345 002690 MOBILE TRAFFIC ZONE INC 03/28/01 98.10 MW OH AP00166346 005885 MORITA, DUANE 03/28/01 4,926.00 MW OH CC AP00166347 000842 MOLFNTAIN VIEW SNLALL ENG REPAI 03/28/01 25.90 MW OH AP00166348 002248 NAPA AUTO PARTS 03/28/01 387.06 MW AP00166349 000744 NATIONAL DEFERRED 03/28/01 23,086.20 MW OH AP00166350 006687 NATIONS EEN~r 03/28/01 306.82 MW OH AP00166351 000433 NIXONEGLI EUIPME~F[ 03/28/01 62.28 MW OE 03/28/01 0.00 VM OH 03/28/01 4,609.62 MW OH AP00166352 VOID.CONTINU Void - Continued Stub AP00166353 000523 OFFICE DEPOT Void CITY OF RC IFAS (PROD) 03/28/01 C H E C K R E G I B T E R CHECK REGISTER Page 5 WED, MAR 28, 2001, 3:03 PM --req: CGONZALE--leS: GL JL--loc: FINANCE---job: 30166 #S034 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~_mount Type Subs Rel To Note AP00166354 005403 OFFICE ~ 03/28/01 1,122.75 MW OH AP00166355 000224 ORANGE COUNTY STRIPING SERVIC 03/28/01 8,834.25 MW OH AP00166356 005461 ORCHARD SUPPLY HARDWARE 03/28/01 1,513.66 ~ OH AP00166357 000235 OWEN ELECTRIC 03/28/01 6,123.01 MW OH AP00166358 001441 PACIFIC BELL 03/28/01 1,456.16 MW OH AP00166359 000338 PACIFIC EQUIP A/{D IRRIGATION 03/28/01 22,308.34 MW OH AP00166360 005409 PARTSMASTER INC 03/28/01 310.85 MW ON AP00166361 000487 PATTON SALES CORP 03/28/01 481.60 MW OH AP00166362 031883 PEPES TOWING SERVICE 03/28/01 187.50 MW ON AP00166363 005720 PERVO PAINT CO 03/28/01 645.00 MW ON AP00166364 004267 PETES ROAD SERVICE 03/28/01 1,000.16 MW OH AP00166365 006148 PIRON, SH/~tfN 03/28/01 210.00 MW OH AP00166366 000272 PITNEY EOWES 03/28/01 220.38 F~q OH AP00166367 000255 PO~J~ DISTRIBUTING CO 03/28/01 223.86 ~T~ OH AP00166368 003286 PRINCIPAL LIFE 03/28/01 74,732.32 ~ OH AP00166369 004451 R C QUAKES PROFESSIONAL B/~EEB 03/28/01 7,875.00 MW OH AP00166370 002705 R H F INC 03/28/01 59.00 F~q OH AP00166371 005665 REGULATION COMPLI~NCE INC 03/28/01 3,902,10 MW OH AP00166372 002178 RESOLUTION PARTNERS INC 03/28/01 6,550.00 MW OH AP00166373 000443 Pd{I CONSULTING 03/28/01 2,280.00 ~q OH AP00166374 006512 RIA GROUP 03/28/01 156.24 MW OH AP00166375 005618 RICHARDS WATSON~agD GERSHON 03/28/01 8,629.22 ~ OH AP00166376 000528 RIDGELINE ROOFING 03/28/01 212.50 MW OH AP00166377 000418 RMA GROUP 03/28/01 1,655.00 MW OB AP00166378 003314 ROBINSON FERTILIZER 03/28/01 4,739.80 b~4 OH Payee Name different in Check DB CC Payee Name different in Check DB CITY OF RC IFAS (PROD) 03/28/01 C H E C K R E G I S T E R CHECK REGISTER Page 6 WED, ~R 28, 2001, 3:03 PM --req: CGONZALE--leg: GL JL--loc: FIN~/qCE---jOb: 30166 #S034 ..... prog: CKE00 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166379 001292 S ~ S ARTS ~ CRAFTS 03/28/01 866.40 MW OR AP00166380 002196 SAMS CLUB MEMBERSHIP 03/28/01 30.00 MW OH AP00166381 000301 SE~N BERN COUNTY SHERIFFS 03/28/01 949,630.33 MW OH AP00166382 000305 SAN BERN COUNTY TPJ~NSPORTATIO 03/28/01 1,127.83 MW OR AP00166383 000150 SAN BERN COUNTY 03/28/01 43.05 MW OH AP00166384 000132 S~/q DIEGO ROTARY BROOM CO INC 03/28/01 752.50 ~q OH AP00166385 002183 SEBBAS CEIROPRACTIC OFFICE 03/28/01 679.00 MW OR AP00166386 001829 SHj%RED TECHNOLOGY FAIRCHILD T 03/28/01 741.00 MW OR AP00166387 001829 SH3%RED TECHNOLOGY FAIRCHILD T 03/28/01 312.00 bSq OR AP00166388 000351 SIGN SHOP, THE 03/28/01 46.31 F~q OH AP00166389 001327 S~RT ~ FINAL 03/28/01 426.09 MW OH AP00166390 005722 SPECTP~A COMPA/~Y 03/28/01 3,411.00 MW OH AP00166391 000902 STATE OF CA DEPARTMEBFr OF TRA 03/28/01 7,168.25 MW OH AP00166392 003597 STATE OF C3~LIFORNIA 03/28/01 37,042.00 MW OH AP00166393 003058 STATE OF CALIFORNIA 03/28/01 2,144.00 MW OH AP00166394 005281 STERICYCLE INC 03/28/01 384.43 ~q OH AP00166395 002187 STROHM, BILL 03/28/01 41.50 b~q OH AP00166396 006411 SWEETS CLEAN SWEEP 03/28/01 3,100.00 MW OH AP00166397 092004 TARGET STORES DIVISION 03/28/01 102.33 ~F~ OH AP00166398 002344 TARGET 03/28/01 75.21 MW OH AP00166399 003942 TERNINIX INTEP~TIONAL 03/28/01 430.00 MW OH AP00166400 002024 THOMPSON ARTWORKS, R 03/28/01 1,988.76 MW OH AP00166401 006642 TIDEMARK COMPUTERS SYSTEMS IN 03/28/01 867.31 MW OH AP00166402 012646 TIGERWALL ALTERNATE WALL SYST 03/28/01 3,302.64 MW OH AP00166403 005387 TIME WARNER TELECOM INC 03/28/01 1,283.27 MW OR Payee Name different in Check DB Payee Name different in Check DB CITY OF RC IFAS (PROD) 03/28/01 C H E C K R E G I S T E R CHECK REGISTER Page 7 WED, MAR 28, 2001, 3:03 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 30166 #S034 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check A/nount Type Subs Rel To Note AP00166404 001919 AP00166405 002188 AP00166406 006554 AP00166407 002737 AP00166408 001282 AP00166409 003437 AP00166410 001226 AP00166411 002682 AP00166412 001091 AP00166413 000137 AP00166414 006661 AP00166415 002340 AP00166416 006727 AP00166417 005526 AP00166418 003080 AP00166419 000212 AP00166420 000872 AP00166421 000646 AP00166422 005658 AP00166423 000509 TOMARK SPORTS INC 03/28/01 378.63 TR/~ CON 2001 03/28/01 400.00 TURCH ~ ASSOCIATES, DAVID 03/28/01 8,000.00 U C REGENTS 03/28/01 288.00 U S SPORTS NETTING 03/28/01 3,200.00 UNIFIRST UNIFORM SERVICE 03/28/01 50.09 UNITED PARCEL SERVICE 03/28/01 19.31 UNITED STATES POSTAL SERVICE 03/28/01 4,500.00 VAN, ALYSIA 03/28/01 21.00 VERIZON CALIFOPdqIA 03/28/01 2,215.40 VERIZON WIRELESS 03/28/01 1,559.37 VORTEX INDUSTRIES 03/28/01 574.02 WEST END 03/28/01 118.17 WEST GROUP 03/28/01 112.08 WHITTIER FERTILIZER 03/28/01 1,601.75 WILLD~aqASSOCIATES 03/28/01 7,700.00 WITTER, JO~aqNE 03/28/01 240.00 WOOD, SUE 03/28/01 280.00 X PECT FIRST AID/UqD SAFETY 03/28/01 160.72 XEROX CORPOR2~TION 03/28/01 159.76 MW OH MW OR MW OH MW OH MW OH MW OH MW OH MW OH MW OH MW OH Payee Name different in Check DB MW OH MW OH MW OH MW OH MW OH MW OH MW OH MW OR MW OH MW OH CITY OF RC IFAS (PROD) 03/28/01 C H E C K R E G I S T E R CHECK REGISTER Page 8 WED, ~R 28, 2001, 3:03 PM --req: CGONZALE--leg: GL JL--loc: FIN/~NCE---jOb: 30166 #S034 ..... pro~: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note GRAND TOTALS: Total Void Machine Written Total Void Hand Written Total Machine Written Total Hand Written Total Reversals Total Cancelled Checks GRAND TOTAL 0.00 0.00 1510,030.28 0.00 0,00 0.00 1510,030.28 Number of Checks Processed: 4 Number of Checks Processed: 0 Number of Checks Processed: 166 Number of Checks Processed: 0 Number of Checks Processed: 0 Number of Checks Processed: 0 CITY OF RC IFAS (PROD) 04/04/01 C N E C K WED, APR 04, 2001, 2:31 PM --req: KFINCHER--leg: GL JL--loc: Check Payee ID. Payee Name Date AP00166497 004635 A/UqD K PHOTOGRAPHY 04/04/01 AP00166498 006507 AP00166499 004455 AP00166500 002732 AP00166501 006610 AP00166502 000013 AP00166503 000211 AP00166504 005231 AP00166505 005509 AP00166506 000496 AP00166507 006572 AP00166508 000973 AP00166509 002211 AP00166510 000017 AP00166511 003265 AP00166512 006354 AP00166513 004450 AP00166514 002693 AP00166515 001823 AP00166516 005807 AP00166517 006255 AP00166518 000026 AP00166519 004102 AP00166520 004475 AP00166521 005229 ~ PORTABLE RESTROOM CO 04/04/01 AACE 04/04/01 ABC LOCKSMITHS 04/04/01 ABUND/LNT LIVING FAMILY CHURCH 04/04/01 ACTION BUSINESS MACHINES 04/04/01 /U3T SECURITY SERVICES INC 04/04/01 AEF SYSTEMS CONSULTING INC 04/04/01 AIR CON~TROLLED ENVIRONMENTS 04/04/01 ALEX3LN13ER, WILLIAM J 04/04/01 ALL PF_ASES CUSTOM PAINIFING 04/04/01 ALPHAGRAPHICS 04/04/01 kLPINE CUSTOM POOLS INC 04/04/01 ALTA FIRE EQUIPMENT CO 04/04/01 ALTA LOMA SCHOOL DISTRICT 04/04/01 A~UkZON.COM 04/04/01 AMERIC/LN LIBRARY ASSOCIATION 04/04/01 AMTECH ELEVATOR SERVICES 04/04/01 ARCH WIRELESS 04/04/01 ARCHITERRA DESIGN GROUP 04/04/01 ASSI SECURITY 04/04/01 ASSOCIATED ENGINEERS 04/04/01 m ~uND K ELECTRIC WHOLESALE 04/04/01 BAPaES ~ NOBLE 04/04/01 BBR SURVEYING INSTRUMEN~TS CO 04/04/01 R E G I S T E R CHECK REGISTER Page 1 FINANCE---job: 31142 ~S046 ..... prog: CK200 <l.37>--report id: CKREG--- Check A/aount Type Subs Rel To Note 23.01 MW OH 582.00 MW OH 745.00 MW OH 677.19 MW OH 486.50 MW OH 27.41 MW OH 989.51 MW OH 5,440.00 MW OH 2,245.29 MW OH 158.10 MW OH 1,220.04 MW OS 650,04 MW OH 191.60 MW OH 194.06 MW OH 385.00 MW OH 500.00 MW OH 28.80 MW OH 655.36 MW OH 1,203.52 MW OB 1,507.50 MW OH 135.00 bTW OH 7,650.00 MW OH 2,780.06 MW OH 1,452.48 MW OH 54.99 MW OH Payee Name different in Check DB CITY OF RC IFAS (PROD) 04/04/01 C H E C K R E G I S T E R CHECK REGISTER Page 2 WED, APR 04, 2001, 2:31 PM --req: KFINCBER--leg: GL JL--loc: FIN~I~CE---jOb: 31142 #S046 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~anount Type Subs Rel To Note AP00166522 006600 BERN ~RIES PROMOTIONAL PRODU 04/04/01 1,068.81 N~ OH AP00166523 001247 AP00166524 004833 AP00168525 004464 AP00166526 004369 AP00166527 005341 AP00166528 002224 AP00166529 021821 AP00186530 006612 AP00166531 006434 AP00166532 005881 AP00166533 002208 AP00166534 006655 AP00166535 000266 AP00166836 000904 AP00166537 006052 AP00166538 000570 AP00166539 001337 AP00166540 000074 AP00166541 004774 BLAKE PAPER CO INC 04/04/01 114.59 MW OH BOOKS ON TAPE INC 04/04/01 26.95 MW OH BOWKER, RR 04/04/01 515.25 MW OH BRODART BOOKS 04/04/01 6,204.18 ~ OH BUCKNAM ~ ASSOCIATES 04/04/01 2,833.30 MW OH CALDERA, KIMBERLY ACEVEDO 04/04/01 46.00 MW OH CALIFORNIA PE/~CE OFFICERS ASS 04/04/01 418.00 ~ OH CALIFORNIA STATIONERS 04/04/01 48.99 MW OH CAPd~EON, LISA 04/04/01 300.00 MW OH CARTE GRAPH SYSTEMS 04/04/01 495.00 ~ OH CENTPAL SCHOOL BUSINESS PARTN 04/04/01 157.10 ~ OH CENTRE FOR ORGANIZATION EFFEC 04/04/01 2,913.31 MW OH CERTIFIED AUTO CARE 04/04/01 7,343.09 ~ OH CHARTER COb~41/NICATIONS 04/04/01 4,452.00 ~F~ OH CHARTER CO~T,~L~NICATIONS 04/04/01 2,046.08 MW OH CHICAGO TITLE INSUR/UqCE COMPA 04/04/01 2,400.00 MW OH CIESLIK, D~/gIEL 04/04/01 160.00 MW OH CITY RENTALS 04/04/01 608.10 MW OH COLE, NINA 04/04/01 10.52 MW OH 04/04/01 0.00 VM OH 04/04/01 0.00 VM OH 04/04/01 20,778.25 MW OH 04/04/01 52.22 MW OH 04/04/01 193.95 MW OH AP00166542 VOID.COUrtieR3 Void - Continued Stub AP00166543 VOID.COhTrINU Void - Continued Stub AP00166544 000130 COMPUTER SERVICE CO AP00166545 000643 COMPUTERI3~ND AP00166546 000633 CONSOLIDATED ELECTRICAL DISTR Payee Name different in Check DB Payee Name different in Check DB Void Void CITY OF RC IFAS (PROD} 04/04/01 C H E C K WED, APR 04, 2001, 2:31 PM --req: KFINCHER--leS: GL JL--loc: Check Payee ID. Payee Name Date AP00166547 004316 CORPORATE EXPRESS OFFICE PROD 04/04/01 AP00166548 005349 CREATIVE MANAGEMENT SOLUTIONS AP00166549 VOID.CONTINU Void - Continued Stub AP00166550 000085 AP00166551 006494 AP00166552 000284 AP00166553 001387 AP00166554 002222 AP00166555 004366 AP00166556 002110 AP00166557 004544 AP00166558 004937 AP00166559 006716 AP00166560 003364 AP00166561 002349 AP00166562 005917 AP00166563 004817 AP00166564 000123 AP00166565 004856 AP00166566 00~556 AP00166567 005892 AP00166568 004371 AP00166569 006685 AP00166570 001983 AP00166571 006232 04/04/01 04/04/01 CUCAMONGA CO WATER DIST 04/04/01 CUTTING EDGE VIDEO CONCEPTS 04/04/01 DAISY WHEEL RIBBON CO INC 04/04/01 DALY, JASON 04/04/01 D~2qPONGCHAREON, ELLAMTHIP 04/04/01 DEMCO INC 04/04/01 DEPARTMENT OF MOTOR VEHICLES 04/04/01 DICK, ERIC 04/04/01 DYNASTY SCREEN PRINTING 04/04/01 ECONOMICS PRESS INC, THE 04/04/01 EIGHTH AVENUE GRAPHICS 04/04/01 ESGIL CORPORATION 04/04/01 FASTENAL COMP3~NY 04/04/01 FATLAND, SANDRA 04/04/01 FEDERAL EXPRESS CORP 04/04/01 FEDERAL JOBS DIGEST 04/04/01 FINESSE PERSONNEL ASSOCIATES 04/04/01 FIRST PLACE TROPHIES 04/04/01 FISHER SCIENTIFIC 04/04/01 FOOTHILL BEVERAGE COMPNAY 04/04/01 FOSTER, DOUG 04/04/01 GADSOUT TOURS INC 04/04/01 R E G I S T E R CHECK REGISTER PaHe 3 FINANCE---job: 31142 ~S046 ..... prog: CK200 <l.37>--report id: CKREG--- Check ~jnount Type Subs Rel To Note 84.17 MW OH 800.00 MW OH 0.00 VM OH 5,985.53 MW OH 4,995.00 MW OH 19.61 MW OH 36.55 MW OH 51.00 MW OH 804.20 MW OH 138.80 MW OH 200.00 MW OH 1,378.04 MW OH 27.27 MW OH 30.64 MW OH 13,337.47 MW OH 162.12 MW OH 116.47 MW OH 67.06 MW OH 112.50 MW OH 3,298.38 MW OH 25.19 MW OH 648.59 MW OH 117.50 MW OH 150.00 MW OH 500.00 MW OH Void Payee Name different in Check DE Paye~ Name different in Check DB CITY OF RC IFAS (PROD) 04/04/01 C H E C K E E G I S T E R CHECK REGISTER Page 4 WED, APR 04, 2001, 2:31 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 31142 #S046 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date AP00166572 006071 AP00166573 003356 AP00166574 002213 AP00166575 001870 AP00166576 001584 AP00166577 000650 AP00166578 006236 AP00166579 002215 AP00166580 005699 AP00166581 000462 AP00166582 003125 AP00166583 004414 AP00166584 000167 AP00166585 004188 AP00166586 001218 AP00166587 002315 AP00166588 006238 AP00166589 001716 AP00166590 004147 AP00166591 000149 AP00166592 006516 AP00166593 002022 AP00166594 005545 AP00166595 002221 AP00166596 001075 GALLOS r~3RSERy 04/04/01 G~CIA, VIVIAN 04/04/01 GILKEY, D~IEL 04/04/01 GOMEZ, RICK 04/04/01 GORDON, ADELE 04/04/01 GRAINGER, WW 04/04/01 ~ R S USA 04/04/01 HAMMOND, AMANDA 04/04/01 HARALAMBOS BEVERAGE COMPANY 04/04/01 HCS CUTLER STEEL CO 04/04/01 HI STANDARD AUTOMOTIVE 04/04/01 HOOD, KARYE 04/04/01 ICBO CITRUS BELT CHAPTER 04/04/01 ID BURR 04/04/01 INDUSTRIAL DISTRIBUTION GROUP 04/04/01 INLAND WHOLESALE NURSERY 04/04/01 IRELAND SOUND SYSTEMS 04/04/01 K B HOMES 04/04/01 KAMIN ASSOCIATES INC 04/04/01 KING, LD 04/04/01 KRUSE, JOAN A 04/04/01 L F PAINTING 04/04/01 L S A ASSOCIATES INC 04/04/01 LA PUPPET PROS 04/04/01 LAB SAFETY SUPPLY INC 04/04/01 Check Amount Type Subs Rel To Note 58.05 MW OH 57.35 MW OH 85.00 MW OH 10,137.00 MW OH 37.00 MW OH 234.65 MW OH 98.30 MW OH 175.00 MW OH CC 592.20 MW OH 46.71 MW OH 33.77 MW OH 4.94 MW OH 60.00 MW OH 752.50 MW OH 95.03 MW OH 978.25 MW OH 107.49 MW OH CC 5,000.00 MW OH 783.87 MW OH 2,383.16 MW OH 1,120.00 MW OH CC 400.00 MW OH CC 2,083.63 MW OH 225.00 MW OH 434.69 MW OH CITY OF RC IFAS (PROD) 04/04/01 C H E C K R E G I S T E R CHECK REGISTER Page 5 WED, APR 04, 2001, 2:31 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 31142 #S046 ..... prog: CK200 <l.37>--report id: CKREG-~- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166597 001664 AP00166598 000321 AP00166599 000849 AP00166600 006045 AP00166601 005490 AP00166602 000727 AP00166603 001455 AP00166604 005662 AP00166605 001008 AP00166606 000072 AP00166607 003871 AP00166608 001025 AP00166609 002995 AP00166610 002198 AP00166611 002207 AP00166612 000940 AP00166613 006687 AP00166614 001647 L~34PE, JARRED LAN]DSCAPE WEST INC LAWSON PRODUCTS INC LEGAL DEFENSE FUND LIST, ERICH LOGUE, SALLY LONGS DRUGS LOS ~GELES COCACOLA BTL CO LOWE'S COMP~NIES INC. MARK CHRIS INC ~TT'S HARDWARE MCMASTER CARR SUPPLY COMPANY MCMURRAY ~2qD STERN MICHAELS STORES INC 3019 MIELKE, SANDRA MIGHTY MOVERS TRAILERS INC NATIONS RENT NIKFj{AHMANESH, NASRIN AP00166615 VOID.CONTINU Void - Continued Stub AP00166616 000523 AP00166617 003072 AP00166618 006722 AP00166619 005461 AP00166620 004904 AP00166621 000235 OFFICE DEPOT ONTARIO AIRPORT MARRIOTT OPEN APPS ORCHARD SUPPLY HARDWARE OTT, LAUP~A OWEN ELECTRIC 04/04/01 128.00 MW OH CC 04/04/01 119,942.10 MW OH 04/04/01 172.47 MW OH 04/04/01 168.00 MW OH 04/04/01 36.52 MW OH 04/04/01 7.26 NF~ OH 04/04/01 7.64 ~ OH 04/04/01 587.86 MW OH 04/04/01 485.14 MW OH 04/04/01 112.18 MW OH 04/04/01 25.55 MW OH 04/04/01 1,527.79 MW OH 04/04/01 499.00 MW OH 04/04/01 168.26 MW OH 04/04/01 80.00 MW OH 04/04/01 19,115.82 MW OH 04/04/01 21.76 MW OH 04/04/01 160.00 MW OH 04/04/01 0.00 VM OH 04/04/01 4,022.17 N~q OH 04/04/01 2,134.67 ~Sq OH 04/04/01 170.00 MW OH CC 04/04/01 279.46 MW OH 04/04/01 410.75 MW OH CC 04/04/01 24.88 MW OH Void Payee Name different in Check DB CITY OF RC IFAS {PROD) 04/04/01 C H E C K R E G I S T E R CHECK REGISTER Page 6 WED, APR 04, 2001, 2:31 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 31142 #S046 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00166622 001100 AP00166623 001204 AP00166624 000757 AP00166625 006002 AP00166626 004267 AP00166627 006148 AP00166628 006206 AP00166629 000791 AP00166630 003952 AP00166631 001049 AP00166632 005776 AP00166633 000065 AP00166634 005899 AP00166635 002705 AP00166636 000959 AP00166637 000264 AP00166638 004130 AP00166639 005914 AP00166640 000443 AP00166641 000276 AP00166642 004257 AP00166643 000418 AP00166644 004704 AP00166645 001292 AP00166646 001607 PACIFIC VIDEO PRODUCTS 04/04/01 1,073.93 MW OH PARS PHASE II SYSTEMS 04/04/01 500.00 MW OH PEP BOYS 04/04/01 64.87 MW OH PERERA, MICHELLE 04/04/01 25.74 MW OH PETES ROAD SERVICE 04/04/01 2,649.17 MW OH PIRON, SHAUN 04/04/01 216.00 MW OH PI3tNNING CENTER, THE 04/04/01 5,739.75 MW OH PMIDELTA CARE 04/04/01 .939.98 MW OH POMONA INL VALLEY CNCL OF CHU 04/04/01 735.75 MW OH POMONA VALLEY KAWASAKI 04/04/01 898.23 MW OH PORAC 04/04/01 1,150.00 MW OH PRUDENTIAL OVERALL SUPPLY 04/04/01 15.40 MW OH QUALITY ONE ENGRAVING 04/04/01 169.85 MW OH R H F INC 04/04/01 179.59 MW OH RADIO SHACK ACCOUNTS RECEIVAB 04/04/01 300.96 MW OH RALPHS GROCERY COMP/~Ny 04/04/01 51.42 MW OH RBM LOCK AND KEY SERVICE 04/04/01 2.69 MW OH REXEL CALCON ELECTRICAL SUPPL 04/04/01 47.01 MW OH R/{I CONSULTING 04/04/01 2,010.00 MW OH RIVERSIDE BLUEPRINT 04/04/01 529.96 MW OH RIVERSIDE CONSTRUCTION COMPAN 04/04/01 202,792.50 MW OH RMA GROUP 04/04/01 4,046.50 MW OH RUSH, CHRIS 04/04/01 237.60 MW OH S ~ S ARTS AND CRAFTS 04/04/01 3.42 MW OH SALDIVAR, PAT 04/04/01 64.00 MW OH CC CC Payee Name different in Check DB CITY OF RC IFAS (PROD) 04/04/01 C H E C K R E G I S T E R CRECK REGISTER Page 7 WED, APR 04, 2001, 2:31 PM --req: KFINCHER--le~: GL JL--loc: FINANCE---job: 31142 #S046 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~anount T~rpe Subs Rel To Note AP00166647 000214 SA/~ BERN COL~gTY 04/04/01 46.00 ~Sq OH AP00166648 005088 S/UgTA FE SPRINGS, CITY OF 04/04/01 265.00 MW OH AP00166649 005088 S~/qTA FE SPRINGS, CITY OF 04/04/01 100.00 MW OH AP00166650 006742 SEAGATE SOFTWARE INC 04/04/01 850.00 MW OH AP00166651 006485 SIGNATURE AtrrO COLLISION CEbrr 04/04/01 564.92 N~q OH AP00166652 001327 SMART/UqD FINAL 04/04/01 861.39 N~q OH AP00166653 000319 SO CJkLIF GAS COMP/LNY 04/04/01 431.43 bSq OH AP00166654 001825 SOFT CHOICE CORP 04/04/01 1,799.06 MW OH AP00166655 002175 SU~INY SLOPE TREES 04/04/01 591.25 MW OH AP00166656 004733 SUNRISE FORD 04/04/01 67.08 ~F~ OH AP00166657 006131 SUPER PC MEMORY 04/04/01 4,069.88 MW OH AP00166658 002344 TARGET 04/04/01 8.30 ~T~ OH AP00166659 001151 TECHNIC 04/04/01 245.00 ~ OH AP00166660 006159 TECHNOLOGY SERVICES CONSULTIN 04/04/01 10,634.42 MW OH AP00166661 003942 TERMINIX INTERNATIONAL 04/04/01 290.00 MW OH AP00166662 004351 TOBIN, RENEE 04/04/01 32.95 MW OH AP00166663 003302 TOXGUARD 04/04/01 297.97 MW OH AP00166664 001974 TRAFFIC SPECIALTIES 04/04/01 156.78 MW OH AP00166665 001309 TRI~ULRK PACIFIC HOMES 04/04/01 132.00 ~84 OH AP00166666 003388 TRUGREEN Lj~qDCARE REGIONAL 04/04/01 12,190.00 ~[W OH AP00166667 003437 UNIFIRST UNIFORM SERVICE 04/04/01 3,302.00 ~ OH AP00166668 006665 UNION B~/qK OF CALIFORNIA 04/04/01 11,070.00 MW OH AP00166669 005601 UNIQUE MANAGEMENT SERVICES IN 04/04/01 176.37 MW OH AP00166670 005520 UNIQUE PAVING ~L~TERIALS OF CA 04/04/01 1,495.22 NSq OH AP00166671 001226 UNITED PARCEL SERVICE 04/04/01 1,064.00 MW OH Payee Name dlffe'renc in Ch~ck DB CITY OF RC IFAE (PROD} 04/04/01 C H E C K R E G I S T E R CHECK REGISTER Page 8 WED, APR 04, 2001, 2:31 PM --req: KFINCEER~-leg: GL JL--loc: FINANCE---job: 31142 #S046 ..... prog: CK200 <l.37>--report id: CKREG--- Check AP00166672 003844 UNITED RENTALS 04/04/01 686.42 MW OH AP00166673 004558 US GUARDS CO INC 04/04/01 5,026.08 MW OH AP00166674 000137 VERIZON CALIFORNIA 04/04/01 815.14 MW OH AP00166675 000137 VERIZON CALIFORNIA 04/04/01 37.45 MW OH AP00166676 006661 VERIZON WIRELESS 04/04/01 28.60 MW OH AP00166677 000695 VIDEO L~GUAGE PRODUCTS 04/04/01 19.48 MW OH AP00166678 000696 WAMSLEY, DONNA 04/04/01 34.50 MW OH AP00166679 000213 W/~XIE 04/04/01 2,373.86 MW OH AP00166680 006727 WEST END 04/04/01 82.63 MW OH AP00166681 005222 WHITE CAP 04/04/01 235.35 MW OH AP00166682 005658 X PECT FIRST AID ~ SAFETY 04/04/01 149.80 MW OH AP00166683 006442 YNIGUEZ, TRACy 04/04/01 15.48 MW OH AP00166684 002021 YORK INDUSTRIES 04/04/01 354.75 MW OH AP00166685 002225 ZAVODNIK, TERRI 04/04/01 55.00 MW OH GRAND TOTALS: Total Void Machine Written 0.00 Total Void Hand Written 0.00 Total Machine Written 577,595.09 Total Hand Written 0.00 Total Reversale 0.00 Total Cancelled Checks 0.00 G R A N D T O T A L 577,595.09 Payee ID. Payee Name Date Check Amount Type subs Rel To Note Payee Name different in Check DE Payee Name different in Check DB Number of Checks Processed: 4 Number of Checks Processed: 0 Number of Checks Processed: 185 Number of Checks Processed: 0 Number of Checks Processed= 0 Number of Checks Processed: 0 City of Rancho Cucamonga Portfolio Management Portfolio Summary March 31, 2001 City of Rancho Cucamonga Par Market Book Investments Value Value Value Lccal Agency Investment Funds 25,975,210.10 25,975,210.10 25,975,210.10 Certificates of Depos~Neg. - Bank 5,325,532.00 5,343,782.36 5,325,532.00 Commercial Paper - Discount 4,000,000,00 3,989, 111 11 3,989, 111,11 Federal Agency Issues - Coupon 78,000,000.00 78,935,047,46 77,962,968 ]5 Treasury Securities - Coupon 6,000,000.00 6,040,000.00 5,973,437.50 Mortgage Backed Securities 32,667.39 33,999.10 30,313.99 Investme nts 119,333,409.49 120,317,150.13 119,256,573.45 Cash and Accrued Interest Passbook/Checking 1,110,783,51 1,110,78351 1,110,783.51 (not included in yield calculations) Accrued Interest at Purchase 10,44583 10,445.83 Subtotal 1,121,229.34 1,121,229.34 Total Cash and Investments '120,444,t 93.00 t 2'1,438,379.47 120,377,802.79 Total Earnings March 3'1 Month Ending Fiscal Year To Date Current Year 615,723.06 5,402,009.87 Average Daily Balance 119,373,948.86 11 5,385,2t 9.84 Effective Rate of Return 6.07% 6.24% % of Days to YTM YTM Portfolio Term Maturity 360 Equlv. 365 Equlv. 21,78 I I 5.799 5.880 4.47 252 65 6.311 6.399 3,34 20 9 4913 4.982 65.37 1,596 1,011 6.039 6.123 5.01 725 142 5.785 5.865 0,03 8,194 3,234 9.901 10.038 100.00% 1,094 672 5.950 6.032 I 1 1.973 2.000 1,094 672 5.950 6.032 I certify that this report accurately reflects all City pooled investments and is in comformity with the investment policy adopted October 4, 2000. A copy of the investment policy is available in the Administrative Services Department. The Investment Program herein shown provides suffident cash flow liquidity to meet the next six months estimated expenditures. The month-end market values were obtained from (IDC)-Interactive Data Corporation pddng service. Portfolio CITY CP PM (PRF_PM1) SymRepl V5,02f CUSIP Investment ~; Local Agency Investment Funds 00005 Subtotal and Average Certificates of Deposit/Neg. - Bank Average Issuer Balance LOCAL AGENCY INVST FUND 25,523,597.20 06050EMS1 1064 BANK OF AMERICA 06050EWY7 1080 BANK OF AMERICA 06050ERH0 1070 NATIONSBANK NA SubtOtal and Average Commercial Paper - Discount 8923E2RA5 1083 5,325,532.00 TOYOTA MOTOR CREDIT CORP. Subtotal and Average Federal Agency Issues - Coupon 2,082~65.77 FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL FARM CREDIT BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK 31331RAA3 00988 31331ROX0 00996 31331RMS1 01002 3133IRMA0 01004 31331RUG8 01022 31331R065 01036 31331R306 01045 31331R4R3 01046 31331 RTE9 01052 31331H6E2 1075 3133M2US4 01003 3133M6NE4 01035 3133M75D4 01038 3133M86L3 01043 3133MBB78 01044 3133M94J8 01050 3133M9501 01051 3133M96K3 01053 3133M9CG5 01054 3133MARK7 1059 3133MBHV2 1062 3133MBM46 1067 3133MCX34 1076 City of Rancho Cucamonga Portfolio Management Portfolio Details - Investments March 31, 2001 Date Par Value Market Value Book Value 25,975,210,10 25,975,210.10 25,975,210,10 25,975,210.10 25,975~10.10 25,975,2t0.10 06/05/2000 2,000,000.00 2,008,220.00 2.000.000.00 03/15/2001 1,810,532.00 1,810,532.00 1,810,532.00 08/02/2000 1,515,000.00 1,525,030.36 1,515,000.00 5,325,532.00 5,343,782.36 5,325,532.00 03/2112001 4,000,000.00 3,989, 111.11 3,989, 111.11 4,000,000.00 3,989,t t I .t I 3,989,1 t 1.11 03/27/1997 2.000.000.00 2.038.879.70 2,000,000.00 07/17/1997 2,000,000.00 2,038,573.91 1,999,375.00 01/07/1998 1,0OO,O00.00 1,004,675.90 1,000,000.00 01/06/1998 2,600,000.00 2,048,725.89 2,000,000.00 05/27/1998 2,000,000.00 2,005,331.73 1,999,375.00 12/15/1998 2,000,000.00 2,004,459.84 2,000,000.00 04/07/1999 2,000,000.00 2,011,889.95 1,997,500.00 04/26/1999 4,000,000.00 4,022,099.61 3,997,500.00 06/21/1999 2,000,000.00 2,007,849.73 2,(X)0,000.00 01/24/2001 2,000,000.00 2,023,125.00 2,000,000.00 12/08/1998 2,000,000.00 2,039,375+00 2,000,000.00 01/2111999 1,000,000.00 1,019,062+50 1,000,000.00 03/23/1999 3,000,000.00 3,050,625.00 3,000,000.00 04/06/1999 2,000,000.00 2,000,000.00 2,000,000.00 06/17/1999 3,000,000.00 3,115,312.50 2,984,531,25 06/21/1999 2,000,000.00 2.006,875.00 1,999,375.00 06/28/1999 2,000,000.00 2,044.375.00 1,996,875.00 07/13/1999 1,000,000.00 1,004,375.00 1,000,000.00 02/26/2000 2,000,000.00 2,043,125.00 1,999,687.50 05/25/2000 2,000,000.00 2,072,500.00 1,994,375.00 06/13/2000 1,000,000.00 t ,005,937,50 1,000,000.00 01/24/2001 3,000,000.00 3,037,500.00 2,997,187.50 Page 2 Stated YTM Days to Maturity Rate Moody's 360 Maturity Date 5,880 5.799 1 5.799 t 7,330 7.330 65 06/05/2001 4.760 4.760 16 04/17/2001 6.820 6.820 123 06/02/2001 6.31t 65 4.900 4.913 9 04/16/2001 4.913 9 6.620 6.240 6.330 6.220 6.290 5.660 5.850 5.850 6.375 5.730 6.230 5.530 5,510 5,755 5.700 6.230 6.150 6.529 360 02/27/2002 6.162 472 07/17/2002 6,243 646 0t/07/2003 6.135 645 01/06/2003 6.211 786 05/27/2003 5.582 988 12/15/2003 5.805 736 04/07/2003 5.784 1,122 04/27/2{X)4 6.288 446 06/21/2002 5.652 1.394 01/24/2005 6.145 645 01/06/2003 5.454 981 12/08/2003 5.435 1,025 01/21/2004 5.676 540 06/25/2002 5.622 1,101 04/06/2004 6.265 1,173 05/17/2004 6.077 446 06/21/2002 6.428 1,184 06/26/2004 5.957 103 07/13/2001 6.910 695 02/26/2003 7.850 1,5~6 05/16/2005 7.447 621 12/16/2002 5.707 1,394 01/24/2005 Portfolio CITY CP PM (PRF_PM2) SymRept V5,02f CUSIP Investment # Federal Agency Issues - Coupon 3134A2XJ2 01033 3134A2N20 01037 3134A3NS1 01047 312902E96 1072 312923GH2 1078 312923MQ5 1081 312923MJ1 1082 31364FG96 01018 31364GBE8 01032 31364KPT1 1065 31364KR36 1077 31359MGV9 1079 Average bauer Balance FEDERAL HOME LOAN MORTG, CORP. FEDERAL HOME LOAN MORTG, CORP. FEDERAL HOME LOAN MORTG. CORP, FEDERAL HOME LOAN MORTG. CORP. FEDERAL HOME LOAN MORTG. CORP. FEDERAL HOME LOAN MORTG. CORP. FEDERAL HOME LOAN MORTG, CORP. FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN FEDERAL NATL MTG ASSN SublDtal and Average 80,284~18.75 Treasury Securities - Coupon 9128275H1 01049 9128275X5 1058 Mortgage Backed Securities 313401WW7 00071 31360BJ21 00203 36215~NX74 00002 TREASURYNOTE TREASURY NOTE Subtotaland Average 5,973,437.50 FEDERAL HOME LOAN MORTG. CORP. FEDERAL NATL MTG ASSN GOVERNMENT NATIONAL MORTG ASSN Subtotal and Average 30~99.68 Total Investments and Average 1t9,220,550.89 City of Rancho Cucamonga Portfolio Management Portfolio Details - Investments March 31, 2001 Purchase Date Par Value Market Value Book Value 11/24/1998 2,000,000.00 2,000,0G0.00 2,000,000.00 01114/1999 2,000,000.00 2,000,000.00 2,000,000.00 05/04/1999 5,000,0~O.00 5,0~6,250.00 5,000,000+00 08/07/2000 2.000,000.00 2,017,137.76 1,997,812+50 02/14/2001 2,000,000.00 2,012,899.78 2,000,000+00 03/20/2001 1,600,000.00 1,002,473.91 1,000,000.00 03/21/2001 4,000,000.00 3,999,959,72 4,000,000.00 05/19/1998 2,000,000.00 2,053,409,73 2,(X)O,000.00 10/06/1998 2,000.000.00 2,C00.117.80 2,000,000.00 06/06/2000 3,000,000.00 3,113,437.50 3,000,000.00 02/05/2001 4,000,000.00 4,038,750,00 3,999,375.00 03/05/2001 3,000,000.00 3,018,750.00 3,000,000.00 78,000,000.00 78,935,047.46 77,962,968.75 06/09/1999 4,000,000.00 4,005,000.00 3,977,500.00 01/31/20~0 2.000,000,00 2.035,000.00 1,995,937.50 6,000~000.00 6,040,000.00 5,973,437.50 02/23/1987 1,990.90 2,020.39 1,976.58 09/15/1987 30,676.50 31,978,72 28,337.42 06/23/1986 -0.01 -0.01 -0.01 32,667.39 33,999.10 30,313.99 119,333,409.49 120,317,150.t3 119~256,573.45 Page 3 Stated YTM Days to Maturity Rate Moody's 360 Matudty Date 5.790 5.711 967 11/24/2003 5.600 5.523 653 01/14/2003 5.900 5.819 1,129 05/04/2004 7.050 7.012 493 08/07/2002 6.000 5.918 1,780 02/14/2006 5.625 5.548 1,814 05/20/2006 5.700 5.622 1,815 03/21/2006 6.125 6.041 778 05/19/2003 5.670 5.592 918 10/05/2003 7.875 7.767 t,527 06/06/2005 5.625 5.553 1,222 08/05/2004 5.450 5.374 1,047 02/12/2004 5.250 5.478 60 05/3112001 6.375 6.396 305 01/3112002 5.785 142 8.000 8.219 275 01/01/2002 8.500 10.018 3,440 09/01/2010 8.5~0 8.778 44 05/15/2001 9.901 3,234 5.950 672 Portfolio CITY CP PM (PRF_PM2) SymRept VS.02f CUSIP Cash Accounts City of Rancho Cucamonga Portfolio Management Portfolio Details - Cash March 31, 2001 Purchase Date Par Value Market Value Book Value 1,110,783.51 1,110,783.51 1,110,783.51 153,397.97 1,110,783.51 1,1t0,783.51 1,110,783.51 Accrued Interest at Purchase 10,445.83 10,445.83 Subtotal 1,121,229.34 1,121,229.34 tt9,373,948.86 t20,444,t93.00 121,438,379.47 t20,377,802.79 Page 4 Stated YTM Days to Rate Moody's 360 Matudty 5.950 672 Portfolio CITY CP PM (PRF_PM2) SymRep{ V5.02f City of Rancho Cucamonga Portfolio Management Investment Activity By Type March 1, 2001 through March 31, 2001 Beginning CUSIP Investznent # Issuer Balance Local Agency Investment Funds (Monthly Summary) 00005 LOCAL AGENCY INVST FUND Subtotal Savings/Miscellaneous Accounts (Monthly Summary) 00180 BANK OF AMERICA Subtotal Certificates of Deposit/Neg. - Bank 06050EJG1 1061 06050EWY7 1080 Commercial Paper - Discount 35075RQN9 1074 8923E2RA5 1083 Federal Agency Issues - Coupon 31331R2Y0 01042 3134A2PN2 01030 312923MQ5 1081 312923MJ1 1082 31364GJM2 01034 31364GTJ8 01039 31359MGV9 1079 Treasury Securities - Coupon 1t,563.07 5.880 0,500,000.00 8,500,000.00 2.000 t ,099,220,44 1,099220.44 Mortgage Backed Securities 313401wvv7 00071 31360BJ21 00203 36215VVX74 00002 BANK OF AMERICA 6.560 03/15/2001 0.00 BANK OF AMERICA 4.760 03/15/2001 1,810,532,00 Subtotal 5,325,532.00 1,8t0,532.00 Sales/Maturities or Withdrawals 10,000,000.00 10,000,000.00 0.00 0.00 1,810,532.00 0.00 1,8t0,532.00 FOUNTAIN SQUARE 6.280 03/22/2001 0.00 985,172,22 TOYOTA MOTOR CREDIT CORP. 4.900 03/21/2001 3,989,111.11 0.00 Subtotal 985,t 72.22 3,989,t 1 t .11 985,172.22 0.00 0.00 1,000,000.00 4,000,000.00 0.00 0.00 3,000,000.00 8,000,000.00 FEDERAL FARM CREDIT BANK 5.930 03/16/2001 FEDERAL HOME LOAN MORTG. CORP. 6,050 05/19/2001 FEDERAL HOME LOAN MORTG. CORP. 5.625 05/20/2001 FEDERAL HOME LOAN MORTG. CORP. 5.700 05/21/2001 FEDERAL NATL MTG ASSN 5.520 03/30/2001 FEDERAL NATL MTG ASSN 5.860 03/12/2001 FEDERAL NATL MTG ASSN 5.450 03/05/2001 Subtotal 80,959218.75 Subtotal 5,973,437.50 FEDERAL HOME LOAN MORTG. CORP. 8,000 03/15/2001 FEDERAL NATL MTG ASSN 8.500 03/26/2001 GOVERNMENT NATIONAL MORTG ASSN 8.500 03/15/2601 Subtotal 3t ,357.49 0.00 0.00 0.00 0.00 3,000,000.00 2,(~O,000.00 0.00 0.00 2,000,000.00 3,996,250.00 0.00 10,996250.00 358+01 286.18 399,31 Page 5 Ending Balance 25,975210.t0 5,325,532.00 77,962,968.75 5,973,437.50 30,313.99 Podfolio CITY CP PM (PRF_PM3) SymRept V5.02f CUSIP Investment # Issuer Total City of Rancho Cucamonga Portfolio Management Investment Activity By Type March 1, 2001 through March 31, 2001 Beginning Balance Stated Transaction Purchases Rate Date or Deposits 24,398,863,55 SaleNMatudUes or'jVithdrawa~ 23,792,997.72 Endinti Balance t20,367,356.96 Page 6 Portfolio CITY CP PM (PRF_PM3) SymRep( VS.02f City of Rancho Cucamonga Summary of Cash and Investments with FIscal Agents For the Month Ended February 28, 2001 Bond Issue Assessment Distdct No 93-1 Masi Plaza Trustee and/or Pavine Anent US Bank Purchase Account Name Investment Date Imprvmnt Fund FirstAmerican Treasury Obligation 8/4/97 Imprvmnt Fund Cash N/A Reserve Fund Fimt Arnedcan Treasury Obligation 8/4/97 Reserve Fund Cash N/A Redemp. Fund First Amedcan Treasury Obligation 8/4/97 Redemp. Fund Cash N/A Maturity Date N/A* N/A N/A* N/A N/A N/A Yield 4.90% N/A 4.90% N/A 4.90% N/A Cost Value 257,311.00 0,78 243,774.00 0,47 87,552,00 0,49 $ 588,638.74 PFA RFDG Rev Bonds series 1999 A (St) & 1999 B (Subord) US Bank Expense Fund FirstAmerican TmasuryObligation 7/1/99 Cash N/A Sub Resrv. Fund FirstAmedcan Treasury Obligation 7/1/99 Cash N/A Sr. Resrv. Fund FimtAmedcan Treasury Obligation 7/1/99 Cash N/A Redemption Fund FimtAmedcan Treasury Obligation 7/1/99 Cash N/A Revenue Fund FimtAme~can TmasuryObligation 3/2/00 Cash N/A Residual Fund FirstAmerican Treasury Obligation 1/16/01 Cash N/A N/A* N/A N/A* N/A N/A* N/A N/A* N/A N/A* N/A N/A* N/A 4.90% $ 65.00 N/A 0.63 4.90% 601,039.00 N/A 0.59 4.90% 1,129,125.00 N/A 0.37 4.90% N/A 4.90% 4,342.00 N/A 0.61 4.90% 162,412.00 N/A 0.68 $ 1,926,985.88 $ 2,515,624.62 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS * Nots: These investments are money market accounts which have no stated matudty dats as they may be liquidated upon demand. i:~finance~Cash with Fiscal Agents.xls 3/28/01 11:20AM RANCHO CUCAMONGA ENGINEEI~ING DEPAI~TMENT Staff Report DATE: April 18, 2001 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: SUBJECT: William J. O'Neil, City Engineer Jerry A. Dyer, Associate Engineer ~ APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE ALMOND TRAIL DRAINAGE IMPROVEMENTS FROM BERYL STREET TO 1400 FEET WEST, TO BE FUNDED FROM ACCOUNT NO. 11123035650/1228112-0 RECOMMENDATION: Staff recommends that the City Council approve the plans and specifications for the Almond Trail Drainage Improvements from Beryl Street to 1400 feet west, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS: The project will construct a curb and gutter on the north side of the trail to contain nuisance and storm water flows, which have caused substantial deterioration of the trail over the years. Also, the existing concrete trail fence will be removed and replaced with a standard PVC fence. The project will be funded from Drainage funds (Account No. 11123035650/1228112-0). Staff has determined that the project is Categorically Exempt per Article19, Section 15301 (c) of the CEQA guidelines. The project plans and specifications were completed by staff and approved by the City Engineer. The Engineer's estimate is $166,000 including a 10% contingency, plus an additional $1,500 estimated for construction survey, and $500 estimated for soils and CITY COUNCIL STAFF REPORT ALMOND TRAIL DRAINAGE IMPROVEMENTS April 18, 2001 Page 2 material testing. Legal advertising is scheduled for April 24, 2001 and May 1, 2001, with a bid opening at 2:00 p.m. on Tuesday, May 15, 2001. Res ctf~y ~/,~ W~. O'Neil City Engineer WJO:JAD Attachments: Vicinity Map and Resolution VICINITY MAP ALMOND TRAIL DRAINAGE IMPROVEMENTS FROM BERYL AVE. TO 1400'WEST PROJECT LOCATION Almond Rdi Banyan Foothi ~p ]" Route 30 (under construction) hland Av 4lh St EXHIBIT 'A" RESOLUTION NO. a/' ~ 92. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "ALMOND TRAIL DRAINAGE IMPROVEMENTS FROM BERYL STREET TO 1400 FEET WEST" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "ALMOND TRAIL DRAINAGE IMPROVEMENTS FROM BERYL STREET TO 1400 FEET WEST". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of. Rancho Cucamonga,. San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, May 15, 2001, sealed bids or proposals for the "ALMOND TRAIL DRAINAGE IMPROVEMENTS FROM BERYL STREET TO 1400 FEET WEST" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the ALMOND TRAIL DRAINAGE IMPROVEMENTS FROM BERYL STREET TO 1400 FEET WES'P'. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than RESOLUTION NO. April 18, 2001 Page 2 the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: VVhen unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. RESOLUTION NO. April 18, 2001 Page 3 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an RESOLUTION NO. April 18, 2001 Page 4 amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the submittal of the Bidder's Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to 'a Class "A" License (General-.. Engineering Contractor) or a combination of Specialty Class "C" licenses sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). RESOLUTION NO. April 18, 2001 Page 5 The City of Rancho Cucamonga reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 18th day of April, 2001 Publish Dates: April 24 and May 1,2001 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 18th day of April, 2001. ATTEST: William J. Alexander, Mayor Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 18th day of April, 2001 Executed this 18th day of April, 2001, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: April 24 and May 1, 2001 RANCHO CUCAMONGA ENGINEERING DEPARTMENT Shg, ffReport DATE: April 18, 2001 FROM: BY: SUIMECT: Mayor and Members of City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer &. Lucinda E. HackeR, Associate Enginee APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH TO BE FUNDED FROM ACCOUNT NO. 10013165650/1233001. RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of Amethyst Avenue Street and Storm Drain Improvements from 300' North of Roberds Court to 450' Noah and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND / ANALYSIS The improvements on Amethyst Avenue are being done to provide pedestrian access on the east side of the street across the railroad fight-of-way. Amethyst Avenue Street and Storm Drain Improvements scope of work to be performed in general consists of, but not limited to, removal and replacement of existing storm drain channel, construction of storm drain pipe and related structures, cold milling and A.C. paving, construction of p.c.c. curb, gutter, sidewalk and drive approaches, re- striping and pavement markings. The project is to be ~mded from Account No. 10013165650/1233001. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. CITY COUNCIL STAFF REPORT AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS April 18, 2001 Page 9 The Engineer's estimate for Amethyst Avenue Street and Storm Drain Improvements is $104,110. Legal advertising is scheduled for April 24, 2001 and May 8, 2001 with bid opening at 2:00 p.m. on Tuesday, May 22, 2001. Respectfully submitted, William J. O'Neil City Engineer WJO:LEH:leh Attachments SOLUTION NO. t -- g3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City ofRancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City ofRancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 P.M. on Tuesday, May 22, 2001, sealed bids or proposals for the "AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City ofRancho Cucamonga, Califomia, marked, "Bid for Construction of AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in CITY COUNCIL RESOLUTION NO. AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH April 18, 2001 Page 2 which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of industrial Relations of the State of Califomia is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City ofRancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of q7 CITY COUNCIL RESOLUTION NO. AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH April 18, 2001 Page 3 apprenticeship programs if he employs registered apprentices or joumeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, Califomia, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City ofRancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be remmed to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any CITY COUNCIL RESOLUTION NO. AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH April 18, 2001 Page 4 work or labor of any kind done thereon, and the Contractor will also be required to fumish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (Califomia Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, Califomia. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. CITY COUNCIL RESOLUTION NO. AMETHYST AVENUE STREET AND STORM DRAIN IMPROVEMENTS FROM 300' NORTH OF ROBERDS COURT TO 450' NORTH April 18, 2001 Page 5 By order of the Council of the City of Rancho Cucamonga, California. Dated this April 18, 2001 Publish Dates: April 24, 2001 and May 8, 2001 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 18"' day of April, 2001. ATTEST: William J. Alexunder, Mayor Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the April 18, 2001. Executed this 18'h day of April, 2001, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: April 24, 2001 and May 8, 2001 CHO CUCAMONGA ENGINEERING DEPAI~TMENT FROM: BY: SUBJECT: April 18, 2001 Mayor and Members of City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Walt Stickney, Associate Engineer APPROVAL OF THE PLANS AND SPECIFICATIONS AND APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE NORTH ETIWANDA SECURITY WALL PROJECT RECOMMENDATION: It is recommended that the City Council approve the plans and specifications and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids" for the North Etiwanda Security Wal! Project. BACKGROUND/ANALYSIS: Residents on the south side of Tract 1598 (south terminus of Stephens Place and the corner of Hoppe Drive and Koch Place) had requested that the City install fencing for security purposes that would match fencing in other areas of the tract. After a field meeting with the affected residents, it is proposed to construct a 2 feet tall block wall topped with a 6 feet tall tubular steel fence. This wall/fence combination is similar to what presently exists on the east side of Tract 1598. Funds for this project are budgeted in Landscaped Maintenance District No. 7. Re ctfully submitted, William J. O'Neil City Engineer Attachments ROUTE :~O FW ' AVE VICINITY MAP " Not ~o Scale z YOUNGS CANYON ROAD o, '~ _ir Io~ ROJECT WALL Iz .... SAN SEVAINE RETENTION BASIN PROJECT WALL NORTH ETIWANDA SECURITY WALL RESOLUtiON No. 0 ! - g z/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "NORTH ETIWANDA SECURITY WALL" PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City ofRancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "NORTH ETIWANDA SECURITY WALL" PROJECT". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and ~gun$, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 P.M. on Tuesday, May 15,2001, sealed bids or proposals for the "NORTH ETIWANDA SECURITY WALL" PROJECT in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the NORTH ETIWANDA SECURITY WALL" Project. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City ofRancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general CITY COUNCIL RESOLUTION NO. NORTH ETIWANDA SECURITY WALL April 18, 2001 Page 2 prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City ofRaneho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. CITY COUNCIL RESOLUTION NO. NORTH ETIWANDA SECURITY WALL April 18, 2001 Page 3 Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City ofRancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City ofRancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 el. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. CITY COUNCIL RESOLUTION NO. NORTH ETIWANDA SECURITY WALL April 18, 2001 Page 4 The successful bidder will be required to enter into a contract satisfactory to the City ofRancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this April 18, 2001 Publish Dates: April 24, 2001 and May 1, 2001 PASSED AND ADOPTED by the Council of the City ofRancho Cucamonga, California, this 18th day of April, 2001. ATTEST: William J. Alexander, Mayor Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City ofRancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the April 18, 2001. Executed this April 18, 2001, at Rancho Cucamonga, California. ADVERTISE ON: April24,2001 and May 1,2001 Debra J. Adams, CMC, City Clerk R A N C H O C U C A M O N G A StaffRepod: DATE: April 18, 2001 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE WILSON AVENUE LANDSCAPE IMPROVEMENTS FROM SAN SEVAINE ROAD TO CHERRY AVENUE, TO BE FUNDED FROM ACCOUNT NO. 1110316565011245110-0 RECOMMENDATION: Staff recommends that the City Council approve the plans and specifications for the Wilson Avenue Landscape Improvements, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS: The Wilson Project will install landscaping and irrigation in the center median and in the north side parkway. Also, an equestrian trail and fence will be installed in the parkway. Upon completion of the project, and acceptance by the City Council, the new landscaped area will be added to Landscape Maintenance District No. 7. Staff has determined that the project is Categorically Exempt per Article19, Section 15301 (c) of the CEQA guidelines. The project plans and specifications were completed by staff and approved by the City Engineer. The Engineer's estimate is $200,678 including a 10% contingency, plus an CITY COUNCIL STAFF REPORT WILSON AVENUE LANDSCAPE IMPROVEMENTS APRIL 18, 2001 Page 2 additional $1,500 estimated for construction survey and $500 estimated for soil and material testing. Legal advertising is scheduled for April 24, 2001 and May 1, 2001, with a bid opening at 2:00 p.m. on Tuesday, May 15, 2001. ~J. O'Neil City Engineer WJO:JAD Attachments: Vicinity Map and Resolution VICINITY MAP WILSON AVENUE LANDSCAPE IMPROVEMENTS FROM SAN SEVAINE ROAD TO CHERRY AVENUE PROJECT LOCATION 19~h St"' ' "'- ' '" "' '/'~ _ ~V~ , ~R~ghland Av I0 Freeway EXH I B IT "A" RESOLUTION NO. ~/- 0 ~5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "WILSON AVENUE LANDSCAPE IMPROVEMENTS FROM SAN SEVAINE ROAD TO CHERRY AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "WILSON AVENUE LANDSCAPE IMPROVEMENTS FROM SAN SEVAINE ROAD TO CHERRY AVENUE". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, May 15, 2001, sealed bids or proposals for the "WILSON AVENUE LANDSCAPE IMPROVEMENTS FROM SAN SEVAINE ROAD TO CHERRY AVENUE" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center. Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of WILSON AVENUE LANDSCAPE IMPROVEMENTS FROM SAN SEVAINE ROAD TO CHERRY AVENUE". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a RESOLUTION NO. APRIL 18, 2001 Page 2 similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. RESOLUTION NO. APRIL 18, 2001 Page 3 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an RESOLUTION NO. APRIL 18, 2001 Page 4 amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Qn the date and at the time of the submittal of the Bidder's Proposal the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or a combination of Specialty Class "C" licenses sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). RESOLUTION NO. APRIL 18, 2001 Page 5 The City of Rancho Cucamonga reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 18th day of April, 2001 Publish Dates: April 24 and May 1,2001 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 18th day of April, 2001. ATTEST: William J. Alexander, Mayor Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 18th day of April, 2001 Executed this 18th day of April, 2001, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: April 24 and May 1,2001 ~ANCHO CUCAMONGA SlaffReport DATE: April 18, 2001 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment Analyst APPROVAL OF RESOLUTIONS DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2001-01 AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO FINANCE THE PROVISION AND ACQUISITION OF CERTAIN PUBLIC FACILITIES, AND DECLARING THE INTENTION TO ISSUE BONDS SECURED BY THE SPECIAL TAX, AND APPROVAL OF A DEPOSIT AND REIMBURSEMENT AGREEMENT IN CONNECTION WITH FORMATION OF COMMUNITY FACILITIES DISTRICT 2001-01. RECOMMENDATION It is recommended that the City Council approve the attached Resolutions declaring intention to establish Community Facilities District 2001-01. The Resolutions declare the intent of the City Council to establish the district, authorize the levy of a special tax to finance the public facilities, and the intent to issue bonds secured by the special tax. The Resolution of intention also approves a Deposit and Reimbursement Agreement in connection with formation costs. BACKGROUND/ANALYSIS A Community Facilities District (CFD) has been proposed to fund public improvements in the undeveloped area generally bounded by Base Line Road on the north, Arrow on the south, Day Creek Channel on the west, and 1-15 and Etiwanda Avenue on the east. The proposed improvements will provide benefit to the community by providing needed flood protection and improved circulation in the undeveloped eastern portion of the City. To help fund these improvements, the major landowner within the boundaries of the proposed CFD has requested formation of a CFD. This request is in keeping with the City's policy on CFD formations and all costs are being borne by the developer. The /_,,5 developer has placed on deposit with the City $50,000 as initial formation costs. The Resolution of Intention approves a Deposit and Reimbursement Agreement between the City and Cucamonga 220, LP, for the disbursement of funds associated with formation of the District. In order to form the CFD, several preliminary actions are required by the City Council. The first action is the adoption of a Resolution of Intention to establish a CFD composed of three Improvement Areas and to authorize the levy of a special assessment on those properties within the proposed District. The second action is adoption of a Resolution declaring the City's intent to issue bonds in a total amount not to exceed $27 Million to finance construction of the improvements. The Resolution sets the bonded indebtedness for Improvement Areas 1 and 2 not to exceed $15 Million, and $12 Million in Improvement Area 3. Bonds are secured through the levy of a special assessment on properties within the proposed District. The amount of the special assessment is determined by the direct benefit each parcel receives, based on street frontage and drainage runoff, and is reflected in the proposed Rate & Method of Apportionment attached to the Resolution. Adopting the attached Resolutions does not legally require the City Council to form the CFD or to sell bonds. A public hearing on the matter will be held on June 6, 2001, at which time the Council will take testimony and make a final determination whether or not to form the CFD and an election by the landowners will occur. The property proposed within the District boundaries is comprised of undeveloped land, therefore each property owner will be entitled to one vote per acre of land owned within the Distdct. Respectfully submitted, Redevelopment Director "~~ -2- PROPOSED BOUNDARIES OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2001-01 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE QF CALIFORNIA CITY -- OF UPI_AI'4D ~'~ R~,NC-'IO CUCAMONGA . ,. FONTANA PROJECT LOCATION INTERSTATE10 INDEX MAP SHEET 2 OF 2 PROPOSED BOUNDARIES OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2001-01 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALiFORNiA April 18 Council meeting -CC Consent Calendar item 8 Page 69 of the agenda, item 8, Res. 01-086 the title should be changed to delete the last line where it refers to a "Deposit and Reimbursement Agreement". He stated in Section 9 of the Resolution, the last sentence should be deleted. RESOLUTION NO. ~)/'~'~ RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA TO ESTABLISH CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 AND APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT RECITALS: WHEREAS, the CITY COUNCIL (the "City Council") of the CITY OF RANCHO CUCAMONGA (the "City") desires to undertake proceedings to establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Califomia Govemment Code (the "Act"), to finance facilities to serve the area of land hereina~er described. NOW, THEREFORE, THE CITY COUNCIL OF THE C1TY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Intention. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district under the terms of the Act with three separate improvement areas designated pursuant to Section 53350 of the Act. Section 2. Name of District. The name of the proposed community facilities district is "City of Rancho Cucamonga Community Facilities District No. 2001-01" (the "District") and the three improvement areas shall be designated as "Improvement Area No. 1 ," "Improvement Area No. 2," and "Improvement Area No. 3." Section 3. Boundaries of District. The exterior boundaries of the District and the boundaries of each Improvement Area are shown on that certain map now on file in the office of the City Clerk entitled "Proposed Boundaries of City of Rancho Cucamonga Community Facilities District No. 2001o01," which map indicates by a boundary line the extent of the territory included in the proposed District and the extent of the territory in each Improvement Area and shall govern for all details as to the extent of the District. On the original and one copy of such map, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Bernardino, State of California. Section 4. Facilities. The type of public facilities proposed to be provided within the District and to be financed in part by each Improvement Area under the Act shall consist of those facilities set forth on Exhibit "A," attached hereto and incorporated herein by reference (the "Facilities"). The City Council hereby finds that the proposed Facilities are necessary to meet increased demands placed upon the City as a result of development occurring in the District. The Facilities may be acquired from one or more property owners as completed public facilities pursuant to Section 53314.9 of the Act and/or constructed with District funds pursuant to Section 53316.2 of the Act. 11231\0073\645049.5 -1- Section 5. Special Tax. a. Except where funds are otherwise available to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") within each Improvement Area of the District sufficient to pay for the costs thereof, including incidental expenses. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the District and will be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency as applicable for ad valorem property taxes. Provided, however, such Special Tax may be collected in such other manner as may be provided by the City Council. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. b. The proposed rate and method of apportionment of the Special Tax among parcels of real property in each Improvement Area of the District, in sufficient detail to allow each resident or landowner within each Improvement Area of the proposed District to estimate the maximum amount such resident or owner will have to pay, are shown in Exhibit "B," attached hereto and incorporated herein by reference. The Special Tax within a proposed Improvement Area is based on the expected demand that each parcel of real property within that proposed Improvement Area will place on the Facilities and on the benefit that each parcel derives from the fight to access the Facilities. The City Council hereby determines the rate and method of apportionment of the special tax set forth in Exhibit "B" for each proposed Improvement Area to be reasonable. The obligation to pay the Special Tax may be prepaid as set forth in Exhibit "B". c. In the case of any Special Tax to pay for the Facilities to be levied against any parcel used for private residential purposes: (i) the maximum Special Tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes and which amount shall not be increased over time over two percent per year; (ii) the tax year after which no further Special Tax subject to this sentence shall be levied or collected shall be as set forth in Exhibit "B" hereto; and (iii) under no circumstances will the Special Tax levied against any parcel subject to this sentence be increased as a consequence of delinquency or default by the owner of any other parcel within the District by more than 10 percent. For the purposes hereof, a parcel is used for "private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. Section 6. Bonds. It is the intent of the City Council, acting as the legislative body of the District, to cause bonds to be issued under the Act on behalf of the Improvement Areas to finance, in whole or in part, the acquisition and/or construction of the Facilities. A series of bonds for Improvement Area No. 1 and Improvement Area No. 2 will be in the aggregate principal amount of not to exceed $15,000,000 and a series of bonds for Improvement Area No. 3 will be in the aggregate principal amount of not to exceed $12,000,000, at a maximum interest rate not in excess of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued, and the term of the bonds of each series shall not exceed 31 years from the date of issuance of such series of bonds or such longer term as is then permitted by law. 11231\0073\645049.5 -2- 76 Section 7. Hearing. A public hearing (the "Hearing") on the establishment of the District, each proposed Improvement Area, the extent of the District and each proposed Improvement Area, the furnishing of specified types of public facilities within the District, and the proposed rate and method of apportionment of the Special Tax shall be held on June 6, 2001, at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Rancho Cucamonga, 10500 Civic Center, Rancho Cucamonga, California 91730. At the Hearing, any interested person or taxpayer, including all persons owning lands or registered to vote within the proposed District, may appear and be heard. Section 8. Report. Each City officer who is or will be responsible for the Facilities to be financed by the District, if it is established, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Heating, file, or cause to be filed, a report with the City Council, which is to be made a part of the record of the Hearing, containing the following: (a) a brief description of the Facilities by type which will in his or her opinion be required to adequately meet the needs of the District; and (b) an estimate of the fair and reasonable cost of financing the Facilities, including incidental expenses and including the costs of the proposed bond financing and all other related costs as provided for in Section 53345.3 of the Act. Section 9. Advances; Deposit and Reimbursement Aereement. The City may accept advances of funds or work in-kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest. That certain Deposit and Reimbursement Agreement by and between the City and Cucamonga 220, L.P., now on file in the office of the City Clerk, is hereby approved and the Mayor or City Manager is hereby authorized and directed to execute and deliver the Agreement substantially in the form on file with the City Clerk and presented at this meeting, with such additions thereto, or changes of insertions therein as may be approved by the Mayor or City Manager (such approval to be exclusively evidenced by such execution and delivery). Section 10. Published Notice. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall be substantially in the form specified in Section 53222 of the Act. Publication of the Notice shall be completed at least 7 days prior to the date of the Hearing. Section 11. Mailed Notice. The City Clerk is hereby directed to send a copy of the Notice of the Hearing by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed District as shown on the last equalized assessment roll. Mailing of the Notice shall be completed at least 15 days prior to the date of the Hearing. Section 12. Voting. Should the City Council determine to form the District and establish the Improvement Areas, a special election will be held within each Improvement Area to authorize the issuance of bonds and the levy of the Special Tax in accordance with the procedures contained in Section 53326 of the Act. If held, the proposed voting procedure at the elections will be a landowner vote with each landowner who is the owner of record of land 11231\0073\645049.5 -3- 7/ within an Improvement Area at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Improvement Area. Ballots for the special election may be distributed by mail with retum postage prepaid or by personal service. Section 13. Exemotions from Special Tax. Except as may otherwise be provided in Exhibit "B" hereto or by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Facilities. Section 14. Tender of Bonds. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders of bonds in full or partial payment of any installment of the special tax or the interest or penalties thereon which may be due or delinquent). PASSED, APPROVED AND ADOPTED this 18th day of April, 2001. Mayor ATTEST: City Clerk l 1231 \0073\645049.5 -4- EXHIBIT "A" DESCRIPTION OF FACILITIES The facilities described below are proposed to be financed by City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District"). The cost of the facilities shall include incidental expenses, including the costs associated with forming the District, issuance of bonds, determination of the amount of the Special Tax, collection of the Special Tax, payment on the Special Tax, costs incurred in order to carry out the authorized purposes of the District, any other expenses, incidental to the construction, completion and inspection of the authorized work and the attributable costs of engineering and inspection. The facilities shall be constructed, whether or not acquired in their completed states, pursuant to plans and specifications approved by the City and the officials thereof. Facilities Public improvements required as a condition of approval of development of the property within the proposed District; such improvements to include but not be limited to: street improvements, demolition and grading, curb, gutter and sidewalks, traffic signals; entry features and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. 11231\0073\645049.5 -5- 73 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR IMPROVEMENT AREA NO. I A Special Tax shall be levied on all Taxable Property in Improvement Area No. I of the City of Rancho Cucamonga Community Facilities District No. 2001-01 and collected each Fiscal Year commencing in Fiscal Year 2002-2003 according to the tax liability determined by the Council, through the application of the rate and method of appodionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided. I. DEFINITIONS This Rate and Method of Apportionment employs terms defined below and terms defined in the Rate and Method of Apportionment for Improvement Area No. 2 of the City of Rancho Cucamonga Community Facilities District No. 2001-01 ("lA No. 2"). When necessary, terms defined in the latter shall be distinguished from terms defined in the former by including the words "IA No. 2" prior to the defined term. The terms hereinafier set forth have the following meanings: "Acquisition and Construction Agreement" means the Acquisition and Construction Agreement for IA No. I and IA No. 2 that was approved by the Council on [ }, 2001, as it may be modified or supplemented from time to time. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Fees" or "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of IA No. I and IA No. 2: the costs of computing the IA No. I and IA No. 2 Special Taxes; the costs of preparing the annual IA No. I Special Tax and IA No. 2 Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the IA No. I and IA No. 2 Special Taxes (whether by the City, the County or otherwise); the costs of remitting the IA No. I and IA No. 2 Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2001-01, or any designee thereof complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-01, or any city of v,, bo ,4 p,-a ,, 2 oo z ~ Facilities District No. 2001-01 IA No. 1 Page 1 7Y designee thereof complying with disclosure requirements of the City or CFD No. 2001-01, associated with applicable Federal and State securities laws and the Act; the costs associated with preparing IA No. I and/or IA No. 2 Special Tax disclosure statements and responding to public inquiries regarding the IA No. 1 and/or IA No. 2 Special Taxes; the costs to the City, CFD No. 2001-01, or any designee thereof related to an appeal of the IA No. I and/or the IA No. 2 Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2001-01 for any other administrative purposes of IA No. I and/or IA No. 2, including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent IA No. I and/or IA No. 2 Special Taxes. "Apartment Property" means any Assessor's Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and which are under common management. "Assessor" means the Assessor of the County of San Bernardino. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Class of Developed Property, as determined in accordance with Section III below. "Authorized Facilities" means those improvements, as listed on Exhibit "A" to the Acquisition and Construction Agreement. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section III below. "Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in Section VI. "Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No. 2001-01 for Improvement Area No. I or Improvement Area No. 2, whether in one or more series, secured by the levy of Special Taxes. "CFD No. 2001-01" means the City of Rancho Cucamonga Community Facilities District No. 2001-01. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and for levying and collecting the Special Taxes. "City" means the City of Rancho Cucamonga, California. "Council" means the City Council of the City of Rancho Cucamonga acting as the legislative body of the CFD under the Act. cizy of Rar A pra z z, 2 oo z CarvTv, azity Facilities Dis'trict No. 2001-01 IA No. 1 Page2 "County" means the County of San Bernardino, California. "Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any Bonds, notes or certificates of participation of the CFD during the calendar year commencing on January I of such Fiscal Year. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Property Owner Association Property or Taxable Public Property, for which a building permit for new construction or renovations was issued prior to January I of the previous Fiscal Year. "Final Mapped Property" means, for each Fiscal Year, all Taxable Property, exclusive of Developed Property, Taxable Property Owner Association Property or Taxable Public Property, which as of January 1 of the previous Fiscal Year was located within a Final Subdivision. The term "Final Mapped Property" shall include any parcel map or subdivision map or portion thereof that creates individual lots for which a building permit may be issued, including parcels that are designated as a remainder parcel. "Final Subdivision" means a subdivision of properly within (i) a final map, or portion thereof approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) and recorded with the County Recorder that creates individual lots for which building permits may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued, "Fiscal Year" means the period starting on July 1 and ending the following June 30. "IA No. I and IA No. 2 Bonds" meansD m, JZ:)ben/Js or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2001-01 for both IA No. 1 and IA No. 2 under the Act. "Improvement Area No. 1" or "IA No. 1" means Improvement Area No. I of CFD No. 200'1-01, as identified on the boundary map for CFD No. 2001-01. "Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of CFD No. 2001-01, as identified on the boundary map for CFD No. 2001-01. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which IA No. 1 and IA No. 2 Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Intermediate Special Tax" means the Special Tax applicable to each Assessor's Parcel of Final Mapped Property, as determined in accordance with Section III below. "Land Use Class" means any of the classes listed in Table 1. city of 2ooz Ccrr~a~'y Fadities ~ Na 2001-01 IA No. 1 Page3 "Maximum Annual Special Tax" means the greatest amount of Special Tax, determined in accordance with Section Ill below, which may be levied in any Fiscal Year on any Assessor's Parcel based on its Land Use classification. "Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax which may be levied on all of the Taxable Properties in the CFD. "Multi-Family Residential (MFR)" means Residential property that shares a common wall between one or more residential units, or a parcel that contains more than one Single Family Residence. "Non-Residential Floor Area" means all of the square footage of usable area within the perimeter of a non-residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Non- Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Non-Residential Property" means all Developed Property for which a building permit(s) was issued for a non-residential use. "Other Residential Property" means all Developed Property for which a building permit(s) was issued for a residential use. "Outstanding Bonds" means all IA No. I and IA No. 2 Bonds, which are deemed to be outstanding under the Indenture. "Parcel" means any County of San Bernardino Assessor's Parcel that is within the boundaries of the CFD, based on the equalized tax rolls of the County of San Bernardino as of January I in the prior Fiscal Year. "Partial Prepayment" means a prepayment of a portion of the Special Tax obligation applicable to a parcel of Taxable Property as set forth in Section VI. "Property Owner Association Property" means any property within the boundaries of IA No. I owned in fee, dedicated to or subject to an easement bene~ting a property owner association, including any master or sub-association. However, notwithstanding the above, any of such property which constitutes the "pad-area" located directly under a residential or non-residential building shall not be considered Property Owner Association Property. "Proportionately" or "Proportionate" means, for Developed Property and IA No. 2 Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property and IA No. 2 Developed Property. For Undeveloped Property and IA No. 2 Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levies per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property and IA No. 2 Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section IV below. ~ Facilities Distrkt No. 2001-01IA No. 1 April 11, 2001 Page 4 77 "Public Property" means any property within the boundaries of IA No. I the ownership of which is transferred to a public agency on or after the date of formation of CFD No. 2001-01 and is used for rights-of-way or any other purpose and is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340,1 of the Act shall be taxed and classified in accordance with its use. "RMA" means this Rate and Method of Apportionment. "Residential Property" means all Assessor's Parcels of Developed Properly for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Resolution of Formation" means the Resolution passed by the Council authorizing the formation of CFD No. 2001-01. "Resolution of Issuance" means the Resolution passed by the Council authorizing the issuance of bonds. "Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate and Method of Apportionment of Special Tax. "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of Authorized Facilities, and (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessors Parcels within the boundaries of IA No. 1, which are not exempt from the levy of the Special Tax pursuant to law or Section VIII below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property within IA No. I that are not exempt from the levy of Special Tax pursuant to Section VIII below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt from the levy of Special Tax pursuant to Section VIII below. o/ ,, 2ool ~ FadLties District No. 2001-01 IA No. I Pa~e 5 "Tax-Exempt Parcel" means, as of January 1 of each year, (i) any parcel owned by a governmental entity, or irrevocably offered for dedication to a governmental entity, (ii) any Parcel which constitutes public right-of-way or which is encumbered by an unmanned utility easement, making impractical its utilization for other than the purpose set fodh in the easement, or (iii) any Parcel assigned a zero value by the San Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public entity after the adoption of the Resolution of Formation by means of negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall remain a Taxable Parcel, and (ii) if a governmental entity owning a Tax-Exempt Parcel, including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or other possessory interest in the parcel to a non-exempt person or entity, the Special Tax shall be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. Tax-Exempt Parcels include the specific parcels, or their successor parcels. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, or Taxable Public Property. II. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within IA No. I shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections III and IV below. III MAXIMUM SPECIAL TAX RATE 1. Developed Property (a). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax, (b). Facilities District No. 2001-0l IA No. 1 Assifined Special Tax The Assigned Special Tax for each Land Use Class is shown in Table 1. Apri! 11, 2001 Pa~ 6 Land Use Class 1 2 3 4 5 6 7 8 9 TABLE 1 Assigned Special Taxes for Developed Property Improvement Area No, I Description Single Family Property Single Family Property Single Family Property Single Family Property Single Family Property Single Family Property Single Family Property Apartment Property Non-Residential Property Residential Floor Area => 3,250 sq. ft. 2,950 to 3,249 sq. ft 2,650 to 2,949 sq. ft. 2,350 to 2,649 sq. ~. 2,150 to 2,349 sq. ft. 1,950 to 2,149 sq. ft. < 1,950 sq. ~. Not Applicable Not Applicable Assigned Special Tax $2,100 per residential dwelling unit $1,684 per residential dwelling unit $1,515 per residential dwelling unit $1,301 per residential dwelling unit $1,217 per residential dwelling unit $1,119 per residential dwelling unit $938 per residential dwelling unit $237 per residential dwelling unit $8,398 per Acre (c). Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special Tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Taxes for all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel derived by application of the Backup Special Tax. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. Ccrrrra~ty Facilities District Nc~ 2001-011,,'t No. 1 April 11, 2001 Page 7 (d). Backup Special Tax The Backup Special Tax shall equal $10,768 per Acre. 2. Final Mapped Property (a). Intermediate Special Tax The Intermediate Special Tax shall only be levied on Assessor's Parcels of Final Mapped Property. To compute the Intermediate Special Tax attributable to a Final Subdivision, the Acreage of all Developed Property and Final Mapped Property within that Final Subdivision shall be multiplied by $7,500. The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall then be computed by dividing the Intermediate Special Tax attributable to the applicable Final Subdivision by the total number of Assessor's Parcels planned for residential development within that Final Subdivision (i.e., the number or residential lots). The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property in a Final Subdivision planned exclusively for non-residential development shall equal $7,500 multiplied by the Acreage of such Assessor's Parcel. If a Final Subdivision includes Assessor's Parcels of Developed Property and Final Mapped Property planned for both residential and non-residential development, then the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall be calculated as described above based exclusively on the Acreage of the residential Final Mapped Property. Conversely, the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for non-residential development shall be calculated as described above based exclusively on the Acreage of the non-residential Final Mapped Property. The CFD Administrator shall allocate the Acreage of each Assessor's Parcel in the Final Subdivision to residential and non-residential development based on the projected use of each such Assessor's Parcel. (b). Maximum Special Tax The Maximum Special Tax for Final Mapped Property shall be $10,768 per Acre. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property. The Maximum Special Tax for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $10,768 per Acre. city of Caarra, a'tizy Facilizies District No. 2001-01 IA No. 1 April 11, 2001 Page 8 IV. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the IA No. 2 Special Tax, until the amount of Special Taxes and IA No. 2 Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Developed Property in an amount equal to 100% of the applicable IA No. 2 Assigned Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final Mapped Property; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Final Mapped Property at up to 100% of the IA No. 2 Intermediate Special Tax for IA No. 2 Final Mapped Property, with the levy on Final Mapped Property and IA No. 2 Final Mapped Property being Proportionate; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Undeveloped Property at up to $7,500 per Acre; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Undeveloped Property at up to $7,500 per Acre, with the levy on Undeveloped Property and IA No. 2 Undeveloped Property being Proportionate; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Final Mapped Property and IA No. 2 Undeveloped Property at up to 100% of the IA No. 2 Maximum Special Tax for IA No. 2 Final Mapped Property and IA No. 2 Undeveloped Property, with the levy on Final Mapped Property and Undeveloped Property and IA No. 2 Final Mapped Property and IA No. 2 Undeveloped Property being Proportionate; Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is City of Ran&o Ogizrra2r~ Grrzrrzw~ Facilit~ ~ Na 2001-011A No. 1 A~ l z, 2ooz Page 9 determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the levy of the IA No. 2 Special Tax on each Assessor's Parcel of IA No. 2 Developed Property whose IA No. 2 Maximum Special Tax is determined through the application of the IA No. 2 Backup Special Tax shall be increased in equal percentages from the IA No. 2 Assigned Special Tax up to the IA No. 2 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed Property and IA No. 2 Developed Property being Propodionate; Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the Special Tax shall be levied on each Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Taxable Property Owner Association Property or IA No. 2 Taxable Public Property at up to the IA No. 2 Maximum Special Tax for IA No. 2 Taxable Property Owner Association Property or IA No. 2 Taxable Public Property, with the levy on Taxable Property Owner Association Property or Taxable Public Property and IA No. 2 Taxable Property Owner Association Property or IA No. 2 Taxable Public Property being Proportionate. Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax and the IA No. 2 Assigned Special Tax in step one of Section IV (above), when (i) the Council is no longer required to levy a Special Tax pursuant to steps two through six above and the Council is no longer required to levy an IA No. 2 Special Tax pursuant to steps two through six in Section IV of the IA No. 2 RMA in order to meet the Special Tax Requirement; (ii) all authorized IA No. I and IA No. 2 Bonds have already been issued or the Council has covertanted that it will not issue any additional IA No. I and IA No. 2 Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 2 Special Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No. I or IA No. 2, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within IA No. I or IA No. 2. V. MANNER OF COLLECTION C/ty ofR, md~o ~ Fadlides District No. 2001-01 1A No. 1 Ai Z 11, 2ooi Page 10 Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorera property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorera taxes; provided, however, that the Council may provide in the Indenture or in the Resolution of Issuance for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Special Taxes. VI. DISCHARGE OF SPECIAL TAX OBLIGATION Properly owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The following definition applies to this Section VI: "CFD Public Facilities Costs" means either $10,500,000 in 2001 dollars, which shall increase by the Construction Inflation Index on July 1, 2002, and on each July I thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to acquire or construct the Authorized Facilities to be Financed by IA No. I and IA No. 2 under the authorized Mello-Roos financing program for CFD No. 2001-01, or (ii)shall be determined by the Council concurrently with a covenant that it will not issue any more IA No. I and IA No. 2 Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 2 Special Taxes. "Construction Fund" means the fund (regardless of its name) established pursuant to the Indenture to hold funds, which are currently available for expenditure to acquire or construct the Authorized Facilities. "Construction Inflation Index" means the annual percentage change in the En.qineerin¢l News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous Fiscal Year. In the event this index ceases to be published, the Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Enqineerinq News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs previously paid from the Construction Fund to acquire or construct the Authorized Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other earmarked fund that are expected to be available to finance Public Facilities Costs. "Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year. "Previously Issued Bonds" means all IA No. I and IA No. 2 Bonds that have been issued prior to the date of prepayment C/tyofRand~o~ Cxrrrn~r~ Faci!ities District No. 2001-01 IA No. 1 zz, 2ooz Page 11 1. Prepayment in Full The Special Tax Obligation applicable to an Assessor's Parcel in IA No. I may be prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor's Parcel within thidy (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made not less than 60 days prior to any redemption date for the IA No. 1 and IA No. 2 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Total: Bond Redemption Amount plus plus plus plus less less equals Redemption Premium Future Facilities Prepayment Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax and Backup Special Tax. For Assessor's Parcels of Final Mapped Property or Undeveloped Property for which a building permit has been issued, compute the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. For Assessor's Parcels of Undeveloped Property compute the Maximum Special Tax. 3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total estimated Assigned Special Taxes for IA No. I and IA No. 2 based on the Developed Property Special Taxes and IA No. 2 Developed Property Special Taxes which could be levied in the current Fiscal Year c/ty of2b o AF/Z z z, 2oo C, ctrlr~ Facilities District No. 2001-01 IA No. 1 Page 12 on all expected development through build-out of IA No. I and IA No. 2 as determined by the CFD Administrator, excluding any Assessor's Parcels for which the Special Tax Obligation has been prepaid, and (b) Divide the Backup Special Tax or Maximum Special Tax computed pursuant to paragraph 2 by the total estimated Backup Special Taxes and IA No. 2 Backup Special Taxes at build-out for IA No. I and IA No. 2, excluding any Assessor's Parcels for which the Special Tax Obligation has been prepaid. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed at the first available call date (the "Redemption Premium"). 6. Compute the current Future Facilities Costs. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount"). Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Take the amount computed pursuant to paragraph 8 and subtract the amount computed pursuant to paragraph 9 (the "Defeasance Amount"). 11. Verify the administrative fees and expenses of IA No. I and IA No. 2, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming IA No. I and IA No. 2 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Prepayment Administrative Fees and Expenses"). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed oy A 11, 2ool ~ Fadides ~ No. 2001-01 IA No, 1 Page 13 pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 14. The Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the "Prepayment Amount"). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2001-01. The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of IA No. I and IA No. 2 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to redeem IA No. 1 and. IA No. 2 Bonds be used with the next prepayment of IA No. I and IA No. 2 Bonds. The CFD Administrator will confirm that all previously levied Special taxes have been paid in full. With respect to any Assessor's Parcel that is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes and IA No. 2 Maximum Special Taxes that may be levied on Taxable Property and IA No. 2 Taxable Properly, respectively, after the proposed prepayment is at least 1.1 times the maximum annual Debt Service on all Outstanding Bonds. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Final Mapped Property or Undeveloped Property for which a Cityof P, and':o A iml 11, 2ool ~ Fadlizies District No. 2001-01 IA No. 1 Page 14 building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section Vl.1; except that a partial prepayment shall be calculated according to the following formula: PP=PExF. These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section VI. 1 F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax, (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section VI.1, and (ii) indicate in the records of CFD No. 2001-01 that there has been a partial prepayment of the Special Tax and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section IV. VII. TERM OF "SPECIAL TAX" The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the IA No. I and IA No. 2 Bonds have been paid; and (ii) all facilities have been acquired and all reimbursements to the developer have been paid pursuant to the Acquisition and Construction Agreement. VIII. EXEMPTIONS No Special Tax shall be levied on up [ ] Acres of Property Owner Association Property and [ ] Acres of Public Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Property Owner Ca~ Facilities Diso~ No. 2001-011A No. 1 11, 2ool Page 15 Association Property or Public Property, its status as a property exempt from the levy of Special Taxes will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Taxes under this section shall be subject to the levy of the Special Tax and shall be taxed as part of the fifth step in Section IV above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property. ~ Facilities Distrkt Nex 2001-011A No. 1 ,4pit 11, 2ool Page 16 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR IMPROVEMENT AREA NO. 2 A Special Tax shall be levied on all Taxable Property in Improvement Area No. 2 of the City of Rancho Cucamonga Community Facilities District No. 2001-01 (IA No. 2) and collected each Fiscal Year commencing in Fiscal Year 2002-2003 according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided. I. DEFINITIONS This Rate and Method of Apportionment employs terms defined below and terms defined in the Rate and Method of Apportionment for Improvement Area No. I of the City of Rancho Cucamonga Community Facilities District No. 2001-01 ("IA No. 1"). When necessary, terms defined in the latter shall be distinguished from terms defined in the former by including the words "IA No. 1" prior to the defined term. The terms hereinafter set forth have the following meanings: "Acquisition and Construction Agreement" means the Acquisition and Construction Agreement for IA No. I and IA No. 2 that was approved by the Council on [ 1, 2001, as it may be modified or supplemented from time to time. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part I of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Fees" or "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of IA No. I and IA No. 2: the costs of computing the IA No. 1 and IA No. 2 Special Taxes; the costs of preparing the annual IA No. 1 Special Tax and IA No. 2 Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the IA No. I and IA No. 2 Special Taxes (whether by the City, the County or otherwise); the costs of remitting the IA No. I and IA No. 2 Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2001-01, , or any designee thereof complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-01, , or any city ofP,,o, Hp,-il z z, 2ooz Con,'ma'd, ty Facilities District No. 2001-011A No. 2 Page 1 designee thereof complying with disclosure requirements of the City or CFD No. 2001-01 associated with applicable Federal and State securities laws and the Act; the costs associated with preparing IA No. I and/or IA No. 2 Special Tax disclosure statements and responding to public inquiries regarding the IA No. 1 and/or IA No. 2 Special Taxes; the costs to the City, CFD No. 2001-01, or any designee thereof related to an appeal of the IA No. I and/or the IA No. 2 Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third pady expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2001-01 for any other administrative purposes of IA No. I and/or IA No. 2, including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent IA No. I and/or IA No. 2 Special Taxes. "Apartment Property" means any Assessor's Pamel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and which are under common management. "Assessor" means the Assessor of the County of San Bernardino. "Assessor's Parcel" means a lot or parcel shown jR an Assessor's Parcel Map with an assigned Assessor's parcel number, "Assigned Special Tax" means the Special Tax for each Land Use Class of Developed Property, as determined in accordance with Section III below. "Authorized Facilities" means those improvements, as listed on Exhibit "A" to the Acquisition and Construction Agreement, "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section III below. "Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in Section VI. "Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No. 2001-01 for Improvement Area No. I or Improvement Area No. 2, whether in one or more series, secured by the levy of Special Taxes. "CFD No. 2001-01" means the City of Rancho Cucamonga Community Facilities District No. 2001-01. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and for levying and collecting the Special Taxes. "City" means the City of Rancho Cucamonga, California. ~ Fadlides DisMa No. 2001-01 IA No. 2 , piz 11, 2ool Page 2 ?1 "Council" means the City Council of the City of Rancho Cucamonga acting as the legislative body of the CFD under the Act. "County" means the County of San Bernardino, California. "Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any Bonds, notes or certificates of participation of the CFD during the calendar year commencing on January I of such Fiscal Year. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Property Owner Association Property or Taxable Public Property, for which a building permit for new construction or renovations was issued prior to January 1 of the previous Fiscal Year. "Final Mapped Property" means, for each Fiscal Year, all Taxable Properly, exclusive of Developed Property, Taxable Property Owner Association Property or Taxable Public Property, which as of January I of the previous Fiscal Year was located within a Final Subdivision. The term "Final Mapped Property" shall include any parcel map or subdivision map or portion thereof that creates individual lots for which a building permit may be issued, including parcels that are designated as a remainder parcel. "Final Subdivision" means a subdivision of property within (i) a final map, or portion thereof approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) and recorded with the County Recorder that creates individual lots for which building permits may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued. "Fiscal Year" means the period starting on July I and ending the following June 30. "IA No. I and IA No. 2 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2001-01 for both IA No. I and IA No. 2 under the Act. "Improvement Area No. 1" or "IA No. 1" means Improvement Area No. I of CFD No. 2001-01, as identified on the boundary map for CFD No. 2001-01. "Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of CFD No. 2001-01, as identified on the boundary map for CFD No. 2001-01. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which IA No. I and IA No. 2 Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Intermediate Special Tax" means the Special Tax applicable to each Assessor's Parcel of Final Mapped Property, as determined in accordance with Section Ill below. oZR d FdZ z z, 2ool ~ Faditi~ District No. 2001-01 IA No. 2 Pa~e 3 "Land Use Class""means any of the classes listed in Table 1. "Maximum Annual Special Tax" means the greatest amount of Special Tax, determined in accordance with Section III below, which may be levied in any Fiscal Year on any Assessor's Parcel based on its Land Use classification. "Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax which may be levied on all of the Taxable Properties in the CFD. "Multi-Family Residential (MFR)" means Residential property that shares a common wall between one or more residential units, or a parcel that contains more than one Single Family Residence. "Non-Residential Floor Area" means all of the square footage of usable area within the perimeter of a non-residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Non- Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Non-Residential Property" means all Developed Property for which a building permit(s) was issued for a non-residential use. "Other Residential Property" means all Developed Property for which a building permit(s) was issued for a residential use. "Outstanding Bonds" means all IA No. I and IA No. 2 Bonds, which are deemed to be outstanding under the Indenture. "Parcel" means any County of San Bernardino Assessor's Parcel that is within the boundaries of the CFD, based on the equalized tax rolls of the County of San Bernardino as of January 1 in the prior Fiscal Year. "Partial Prepayment" means a prepayment of a portion of the Special Tax obligation applicable to a Parcel of Taxable Property as set forth in Section VI. "Property Owner Association Property" means any property within the boundaries of IA No. 2 owned in fee, dedicated to or subject to an easement benefiting a property owner association, including any master or sub-association. However, notwithstanding the above, any of such property which constitutes the "pad-area" located directly under a residential or non-residential building shall not be considered Property Owner Association Property. "Proportionately" or "Proportionate" means, for Developed Property and IA No. 1 Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property and IA No. 1 Developed Property. For Undeveloped Property and IA No. 1 Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levies per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property and IA No. 1 Undeveloped Facilities District No. 2001-01 IA No. 2 Page 4 Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section IV below. "Public Property" means any property within the boundaries of IA No. 2 the ownership of which is transferred to a public agency on or after the date of formation of CFD No. 2001-02 and is used for rights-of-way or any other purpose and is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Resolution of Formation" means the Resolution passed by the Council authorizing the formation of CFD No. 2001-01. "Resolution of Issuance" means the Resolution passed by the Council authorizing the issuance of bonds. "RMA" means this Rate and Method of Apportionment. "Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate and Method of Apportionment of Special Tax. "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of Authorized Facilities identified, and (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 2, which are not exempt from the levy of Special Tax pursuant to law or Section VIII below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property within IA No. I and IA No. 2 that are not exempt from the levy of the Special Tax pursuant to Section Viii below. civy ofib o dFa 11, 2ooz ~ Facih~ies District No. 2001-01 IA No. 2 Page 5 "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt from the levy of the Special Tax pursuant to Section VIII below. "Tax-Exempt Parcel" means, as of January I of each year, (i) any parcel owned by a governmental entity, or irrevocably offered for dedication to a governmental entity, (ii) any Parcel which constitutes public right-of-way or which is encumbered by an unmanned utility easement, making impractical its utilization for other than the purpose set forth in the easement, or (iii) any Parcel assigned a zero value by the San Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public entity after the adoption of the Resolution of Formation by means of negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel, including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or other possessoW interest in the parcel to a non-exempt person or entity, the Special Tax shall be levied on the leasehold or possessoW interest and shall be payable by the owner of the leasehold or possessoW interest. Tax-Exempt Parcels include the specific parcels, or their successor parcels. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, or Taxable Public Property. II. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within IA No. 2 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections Ill and IV below. City of R, o ~ Fadlities DistTict Na 2001-01 IA No. 2 Ag,71 11, 2ool Page 6 III MAXIMUM SPECIAL TAX RATE 1. Developed Property (a). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. (b). Assifined Special Tax The Assigned Special Tax for each Land Use Class is shown in Table 1. TABLE 1 Assigned Special Taxes for Developed Property Improvement Area No. 2 Land Use Description Class Assigned Special Tax I Apartment Property $237 perunit 2 Other Residential Property $10,768 per Acre 3 Non-Residential Property $0.63 per square foot of Non- Residential Floor Area (c). Multiple Land Use Classes Cdz'yofRand~o~ GTrm~ty Facilities District No. 2001-01 [A No. 2 In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special Tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Taxes for all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax that can be levied on an Assessor's Parcel Shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel derived by application of the Backup Special Tax. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan April I 1, 2001 Page 7 approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. (d). Backup Special Tax The Backup Special Tax shall equal $10, 061 per Acre. Final Mapped Property (a). Intermediate Special Tax The Intermediate Special Tax shall only be levied on Assessor's Parcels of Final Mapped Property. To compute the Intermediate Special Tax attributable to a Final Subdivision, the Acreage of all Developed Property and Final Mapped Property within that Final Subdivision shall be multiplied by $7,500. The Intermediate Special Tax for each Assessor's Pamel of Final Mapped Property planned for residential development shall then be computed by dividing the Intermediate Special Tax attributable to the applicable Final Subdivision by the total number of Assessor's Parcels planned for residential development within that Final Subdivision (i.e., the number or residential lots). The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property in a Final Subdivision planned exclusively for non-residential development shall equal $7,500 multiplied by the Acreage of such Assessor's Pamel. If a Final Subdivision includes Assessor's Parcels of Developed Property and Final Mapped Property planned for both residential and non-residential development, then the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall be calculated as described above based exclusively on the Acreage of the residential Final Mapped Property. Conversely, the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for non-residential development shall be calculated as described above based exclusively on the Acreage of the non-residential Final Mapped Property. The CFD Administrator shall allocate the Acreage of each Assessor's Parcel in the Final Subdivision to residential and non-residential development based on the projected use of each such Assessor's Parcel. (b). Maximum Special Tax The Maximum Special Tax for Final Mapped Property shall be $10,768 per Acre. Conrmality Facilities District No. 2001-01 IA No. 2 HFa 11, 2001 Page 8 q7 3. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property The Maximum Special Tax for Taxable Properly Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $10,768 per Acre. IV. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the IA No. 1 Special Tax, until the amount of Special Taxes and IA No. I Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Pamel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. 1 RMA, the IA No. I Special Tax shall be levied on each Assessor's Parcel of IA No. I Developed Property in an amount equal to 100% of the applicable IA No. 1 Assigned Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final Mapped Property; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. IRMA, the IA No. 1 Special Tax shall be levied on each Assessors Parcel of IA No. I Final Mapped Property at up to 100% of the IA No. I Intermediate Special Tax for IA No. 1 Final Mapped Property, with the levy on Final Mapped Property and IA No. 1 Final Mapped Property being Proportionate; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Undeveloped Property at up to $7,500 per Acre; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. IRMA, the IA No. I Special Tax shall be levied on each Assessors Parcel of IA No. I Undeveloped Property at up to $7,500 per Acre, with the levy on Undeveloped Property and IA No. 1 Undeveloped Property being Proportionate; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied on each Assessors Parcel of Final Mapped Property and Undeveloped Property at up to 100% of the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. IRMA, the IA No. I Special Tax shall be levied on each Assessor's Parcel of IA No. I Final Mapped Property and ~ Fadlizies District No. 2001-01 IA No. 2 11, 2001 Page 9 IA No. I Undeveloped Properly at up to 100% of the IA No. I Maximum Special Tax for IA No. I Final Mapped Property and IA No. 1 Undeveloped Property, with the levy on Final Mapped Property and Undeveloped Property and IA No. I Final Mapped Property and IA No. I Undeveloped Property being Proportionate; Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. IRMA, the levy of the IA No. I Special Tax on each Assessor's Parcel of IA No. I Developed Property whose IA No. 1 Maximum Special Tax is determined through the application of the IA No. I Backup Special Tax shall be increased in equal percentages from the IA No. I Assigned Special Tax up to the IA No. I Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed Property and IA No. 1 Developed Property being Proportionate; Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the Special Tax shall be levied on each Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property; and the Council shall be notified by the CFD Administrator that under the terms of the IA No. IRMA, the IA No. I Special Tax shall be levied on each Assessor's Parcel of IA No. I Taxable Property Owner Association Property or IA No. 1 Taxable Public Property at up to the IA No. I Maximum Special Tax for IA No. 1 Taxable Property Owner Association Property or IA No. I Taxable Public Property, with the levy on Taxable Property Owner Association Property or Taxable Public Property and IA No. I Taxable Property Owner Association Property or IA No. I Taxable Public Property being Proportionate. Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax and the IA No. 1 Assigned Special Tax in step one of Section IV (above), when (i) the Council is no longer required to levy a Special Tax pursuant to steps two through six above and the Council is no longer required to levy an IA No. I Special Tax pursuant to steps two through six in Section IV of the IA No. IRMA in order to meet the Special Tax Requirement; (ii) all authorized IA No. I and IA No. 2 Bonds have already been issued or the Council has covenanted that it will not issue any additional IA No. I and IA No. 2 Bonds (except refunding bonds) to be supported by Special Taxes and IA No. I Special Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No. I or IA No. 2, except for those Residential Properties whose owners are also delinquent or in default on their of HFiI z 200 z ~ Fadit~ District No~ 2001-01 lil No. 2 Page 10 Special Tax payments for one or more other properties within IA No. 1 or IA No. 2. MANNER OF COLLECTION Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide in the Indenture or in the Resolution of Issuance for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners and (ii) judicial foreclosure of delinquent Special Taxes. VI. DISCHARGE OF SPECIAL TAX OBLIGATION Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The following definition applies to this Section VI: "CFD Public Facilities Costs" means either $10,500,000 in 2001 dollars, which shall increase by the Construction Inflation Index on July 1, 2002, and on each July I thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to acquire or construct the Authorized Facilities to be financed by IA No. I and IA No. 2 under the authorized Mello-Roos financing program for CFD No. 2001-01, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more IA No. I and IA No. 2 Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 1 Special Taxes. "Construction Fund" means the fund (regardless of its name) pursuant to the Indenture to hold funds, which are currently available for expenditure to acquire or construct the Authorized Facilities. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous Fiscal Year. In the event this index ceases to be published, the Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs previously paid from the Construction Fund to acquire or construct the Authorized Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other earmarked fund that are expected to be available to finance CFD Public Facilities Costs. GTn, nz~ty Facilities District No. 2001-01 [A No. 2 Page "Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year. "Previously Issued Bonds" means all IA No. I and IA No. 2 Bonds that have been issued prior to the date of prepayment. 1. Prepayment in Full The Special Tax Obligation applicable to an Assessor's Parcel in IA No. 2 may be prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made not less than 60 days prior to any redemption date for the IA No. 1 and IA No. 2 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Total: Bond Redemption Amount plus plus plus plus less less equals Redemption Premium Future Facilities Prepayment Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax and Backup Special Tax. For Assessor's Parcels of Final Mapped Property or Undeveloped Property for which a building permit has been issued, compute the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already Ccr,~ Facilities ~ No. 2001-01 1,4 No. 2 ,, 2ooz Page 12 /81 been issued for that Assessor's Parcel. For Assessor's Parcels of Undeveloped Property compute the Maximum Special Tax. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total estimated Assigned Special Taxes for IA No. 1 and IA No. 2 based on the Developed Property Special Taxes and IA No. I Developed Property Special Taxes which could be levied in the current Fiscal Year on all expected development through build-out of IA No. I and IA No. 2 as determined by the CFD Administrator, excluding any Assessor's Parcels for which the Special Tax Obligation has been prepaid, and (b) Divide the Backup Special Tax or Maximum Special Tax computed pursuant to paragraph 2 by the total estimated Backup Special Taxes and IA No. I Backup Special Taxes at build-out for IA No. I and IA No. 2, excluding any Assessor's Parcels for which the Special Tax Obligation has been prepaid. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 6. Compute the current Future Facilities Costs. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount"). Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Take the amount computed pursuant to paragraph 8 and subtract the amount computed pursuant to paragraph l O'(the "Defeasance Amount"). 11. Verify the administrative fees and expenses of IA No. I and IA No. 2, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming IA No. I and IA No. 2 Bonds, and the costs of recording any notices to evidence the city of R,~o ~ AN z z, 2ool GTrrrv, oey F~ ~ No. 2001-01 IA No. 2 Page 13 prepayment and the redemption (the "Prepayment Administrative Fees and Expenses"). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement. 13 If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 14. The Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the "Prepayment Amount"). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2001-01. The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of IA No. I and IA No. 2 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used to redeem IA No. I and IA No. 2 Bonds with the next prepayment of IA No. 1 and IA No. 2 Bonds. The CFD Administrator will confirm that all previously levied Special taxes have been paid in full. With respect to any Assessor's Parcel that is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes and IA No. I Maximum Special Taxes that may be levied on Taxable Property and IA No. I Taxable Property, respectively, after the proposed cityofp,~d~o c, uc,~ro~ ApriZ H, 2ooz GT'rrrggizy Facilizies District No. 2001-01 IA No. 2 Page 14 prepayment is at least 1.1 times the maximum annual Debt Service on all Outstanding Bonds. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Final Mapped Property or Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section Vl.1; except that a partial prepayment shall be calculated according to the following formula: PP=PExF. These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H. 1 F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax, (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section VI.1, and (it) indicate in the records of CFD No. 2001-01 that there has been a partial prepayment of the Special Tax and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section IV. VII TERM OF"SPECIALTAX" The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the IA No. I and IA No. 2 Bonds have been paid; and (it) all facilities have been acquired and all reimbursements to the developer have been paid pursuant to the Acquisition and Construction. City of Ranobo ~ ~ Facilities District No. 2001-01IA No. 2 Aprtl 11, 2001 Page 15 VIII. EXEMPTIONS No Special Tax shall be levied on up [ ] Acres of Property Owner Association Property and [ } Acres of Public Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property or Public Property, its status as a property exempt from the levy of Special Taxes will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Taxes under this section shall be subject to the levy of the Special Tax and shall be taxed as part of the fifth step in Section IV above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property. City of C_am',nty Fadli. ties ~ No. 2001-01 IA No. 2 AF, il ,, 20oz Page 16 It)5 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR IMPROVEMENT AREA NO. 3 A Special Tax shall be levied on all Taxable Property in Improvement Area No. 3 of the City of Rancho Cucamonga Community Facilities District No. 2001-01 and collected each Fiscal Year commencing in Fiscal Year 2002-2003 according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided. I. DEFINITIONS This Rate and Method of Apportionment employs terms defined below and terms defined in the Rate and Method of Apportionment for Improvement Area No. 3 of the City of Rancho Cucamonga Community Facilities District No. 2001-01 (IA No. 3). The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Fees" or "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of IA No. 3: the costs of computing the IA No. 3 Special Taxes; the costs of preparing the annual IA No. 3 Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the IA No. 3 (whether by the City, the County or otherwise); the costs of remitting the IA No. 3 Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2001-01, or any designee thereof complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-01, or any designee thereof complying with disclosure requirements of the City or CFD No. 2001-01 associated with applicable Federal and State securities laws and the Act; the costs associated with preparing IA No. 3 Special Tax disclosure statements and responding to public inquiries regarding the IA No. 3 Special Taxes; the costs to the City, CFD No. 2001-01, or any designee thereof related to an appeal of the IA No. 3 Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party ~ Facilities District No. 2001-01 IA No. 3 Page 1 expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2001-01 for any other administrative purposes of IA No. 3, including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent IA No. 3 Special Taxes. "Assessor" means the Assessor of the County of San Bernardino. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. "Authorized Facilities" means those improvements, as listed in the Resolution of Formation. "Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in Section VI. "Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No. 2001-01 for Improvement Area No. 3, whether in one or more series, secured by the levy of Special Taxes. "CFD No. 2001-01" means the City of Rancho Cucamonga Community Facilities District No. 2001-01. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and for levying and collecting the Special Taxes. "City" means the City of Rancho Cucamonga, California. "Council" means the City Council of the City of Rancho Cucamonga acting for the CFD under the Act. "County" means the County of San Bernardino, California. "Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any Bonds, notes or certificates of participation of the CFD during the calendar year commencing on January 1 of such Fiscal Year. "Fiscal Year" means the period starting on July I and ending the following June 30. "IA No. 3 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2001-01 for IA No. 3 under the Act. "Improvement Area No. 3" means Improvement Area No. 3 of CFD No. 2001- 01, as identified on the boundary map for CFD No. 2001-01. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which IA No. 3 Bonds are issued, as modified, amended City of Facilities DistTict No. 2001-01 IA No. 3 Pa~e 2 and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Maximum Annual Special Tax" means the greatest amount of Special Tax, determined in accordance with Section III below, which may be levied in any Fiscal Year on any Assessor's Parcel based on its Land Use classification, "Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax which may be levied on all of the Taxable Propedies in the CFD. "Original Parcel" means the Assessor Parcel's existing at the formation of the CFD, as depicted on the Boundary Map as recorded with the County Recorder, County of Riverside, State of California "Outstanding Bonds" means all IA No. 3 Bonds, which are deemed to be outstanding under the Indenture. "Parcel" means any County of San Bernardino Assessor's Parcel that is within the boundaries of the CFD, based on the equalized tax rolls of the County of San Bernardino as of January I in the prior Fiscal Year. "Parcel's Allocated Share" means the Maximum Annual Special Tax for a Parcel divided by the Maximum Annual Special Tax Revenue. "Partial Prepayment" means a prepayment of a portion of the Special Tax Obligation applicable to a Parcel of Taxable Property, as set forth in Section VI. "Payoff Parcel" means any taxable Developed Parcel for which a prepayment of the Special Tax Obligation is being calculated pursuant to Section VI. "Proportionately" or "Proportionate" means, for Developed Property and IA No. 3 Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property and IA No. 3 Developed Property. For Undeveloped Property and IA No. 3 Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property and IA No. 3 Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section IV below. "Public Property" means any property within the boundaries of IA No. 3 that is transferred to a public agency on or after the date of formation of CFD No. 2001- 01 and is used for rights-of-way or any other purpose and is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "Redevelopment Agency" means the Redevelopment Agency of the City of Rancho Cucamonga acting for the CFD under the Act. Ciry of Rand~ ~ Ccrrrra~ty Fadities District No. 2001-01 IA No. 3 ,4N zz, 2ooz Page 3 "Reserve Fund Share" means the total Reserve Fund amount multiplied by the Parcel's Allocated Share. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Resolution of Formation" means the Resolution passed by the Council authorizing the formation of CFD No. 2001-01. "Resolution of Issuance" means the Resolution passed by the council authorizing the issuance of bonds. "RMA" means this Rate and Method of Appodionment. "Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate and Method of Apportionment of Special Tax. "Special Tax Collection Schedule" means the document prepared by the Finance Director and sent to the County Auditor for use in collecting the Special Tax each Fiscal Year. DrvQueryFontTree0:i "Special Tax Obtigation" means the total obligation of a Taxable Parcel to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of Authorized Facilities identified, and (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Successor Parcel" means a Parcel created by Subdivision, lot line adjustment, or parcel map from an Original or Successor Parcel. "Taxable Acreage" is the area within each Parcel as shown on the Assessor Parcel Map The Taxable Acreage for each Zone is described in Section Ill, Table 1. Ccrrm~ F~ ~ No. 2001-01 l~l No. 3 Page 4 foot "Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 3, which are not exempt from the levy of the Special Tax pursuant to law or Section VIII below. "Taxable Public Property" means all Assessor's Parcels of Public Properly that are not exempt from the levy of the Special Tax pursuant to Section VIII below. "Tax-Exempt Parcel" means, as of January I of each year, (i) any parcel owned by a governmental entity, or irrevocably offered for dedication to a governmental entity, (ii) any Parcel which constitutes public right-of-way or which is encumbered by an unmanned utility easement, making impractical its utilization for other than the purpose set forth in the easement, or (iii) any Parcel assigned a zero value by the San Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public entity after the adoption of the Resolution of Formation by means of negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel, including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or other possessory interest in the parcel to a non-exempt person or entity, the Special Tax shall be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. Tax-Exempt Parcels include the specific parcels, or their successor parcels. "Trustee" means the trustee or fiscal agent under the Indenture. "Zone" means that area that is further described on the Boundary Map of CFD 2001-01. II. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within each Zone of IA No. 3 shall be classified as Taxable or Non-Taxable Properly and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections III and IV below. City of Cacar v, ~ Facilides Distria No. 2001-01 1A No. 3 , Fiz zz, 2ooz Page 5 It6 III. MAXIMUM SPECIAL TAX RATE The Maximum Special Tax and Taxable Acreage for Taxable Property and Taxable Public Property for each Zone is shown in Table 1. TABLE I Zofie Taxable Bond Acreage Share Zone 1 - RDA 55.00 41.93% Zone 2 - Lyons 6.37 0.37% Zone 3 - Colombero 8.33 3.12% Zone 4 - Sun-Rich 5.75 1.14% Zone 5 - Leggio East 14.55 11.98% Zone 6 - Pierotti 31.25 20.68% Zone 7 - Leggio South 42.74 13.59% Maximum Tax Per Acre $17,193.82 $506.78 $3,382.76 $1,781.72 $7,466.66 $5,999.74 $1,963.45 B. Assignment of Maximum Annual Special Tax to Successor Parcels. The CFD Administrator shall assign the Maximum Annual Special Tax to each Successor Parcel as follows: 1) When an Original or Successor Parcel is subdivided, the CFD Administrator shall classify the resulting Successor Parcels as Taxable Parcels or Tax-Exempt parcels using the definitions in Section I. 2) If the Successor Parcel is a Taxable Pareel: calculate the percentage of the taxable Successor Parcel's square footage to the total square footage for all taxable Successor Parcels of that Original or Successor Parcel; then, multiply this percentage by the Maximum Annual Special Tax assigned to the previous Original Parcel or Successor Parcel. The result of this calculation is the Maximum Annual Special Tax for the Taxable Successor Parcel. C. Taxable Parcels Acquired by a Public Agency Taxable Parcels that are acquired by a public agency after the CFD is formed will remain subject to the applicable Special Tax unless the Special Tax obligation is satisfied pursuant to Section 53317.5 of the Government Code. An exception to this may be made if the Public use planned for a Public Parcel within the CFD is relocated to a Taxable Parcel and the previously Tax-Exempt Parcel of comparable acreage becomes a Taxable Parcel. This trading of Parcels will be permitted to the extent that there is no net loss in Maximum Special Tax. It is anticipated Carrragu~ Facilities District No. 2001-01 IA No. 3 Apdl 11, 2ool Page 6 IV. that the City will acquire approximately 55 Acres that will be subject to the Special Tax. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the IA No. 3 Special Tax, until the amount of Special Taxes and IA No. 3 Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Pamel of Taxable Property in Zones 2, 3, and 6 in an amount equal to 91% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied on each Assessor's Parcel of Taxable Property in Zones 4, 5 and 7 in an amount equal to 91% of the applicable Maximum Tax; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Taxable Property in Zone 1 in an amount equal to 91% if the applicable Maximum Tax. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property in all Zones up to 100% of the applicable Maximum Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No. 3, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within IA No. 3. Vm MANNER OF COLLECTION Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide in the Indenture or in the Resolution of Issuance for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Special Taxes. ~rn~nity Facililies District No. 2001-01 M No. 3 AN zz, 2ooz Page 7 112. VI. DISCHARGE OF SPECIAL TAX OBLIGATION Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The following definition applies to this Section Vh "CFD Public Facilities Costs" means either $8,000,000 in 2001 dollars, which shall increase by the Construction Inflation Index on July 1, 2002, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to acquire or construct the Authorized Facilities to be financed by IA No. 3 under the authorized Mello-Roos financing program for CFD No. 2001-01, or (ii)shall be determined by the Council concurrently with a covenant that it will not issue any more IA No. 3 Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 3 Special Taxes. "Construction Fund" means the fund (regardless of its name) established pursuant to the Indenture to hold funds, which are currently available for expenditure to acquire or construct the Authorized Facilities. "Construction Inflation Index" means the annual percentage change in the En~ineerin~ News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous Fiscal Year. In the event this index ceases to be published, the Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Enqineerinq News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means for each Zone the CFD Public Facilities Costs minus (i) costs previously paid from the Construction Fund to acquire or construct the Authorized Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other earmarked fund that are expected to be available to finance CFD Public Facilities Costs. "Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year. Each Zone's Bond Share is shown as a percentage of the total Bonds in Table 1. "Previously Issued Bonds" means all IA No. 3 Bonds that have been issued prior to the date of prepayment. 1. Prepayment in Full The Special Tax Obligation applicable to an Assessor's Parcel in IA No. 3 may be prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently satisfied as described herein, provided that a prepayment may be Facilities District No. 2001-01 IA No. 3 April 11, 2ooz Page 8 made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay. The CFD Administrator shall provide the owner with a statement of the prepayment amount for such Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made not less than 60 days prior to any redemption date for the IA No. 3 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Total: Bond Redemption Amount plus plus plus plus less less equals Redemption Premium Future Facilities Prepayment Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. Determine the Maximum Special Tax for the Payoff Parcel based on the assignment of the Maximum Special tax described in Section III above. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total Maximum Special Taxes for the Zone in which the Payoff Parcel is located to arrive at the Parcel's Allocated Shara. Determine the Bond Redemption Amount for the Payoff Parcel by multiplying the Allocated Share from paragraph 3 by the total amount of Outstanding Bonds issued by the CFD applicable to the Zone in which the Payoff Parcel is located. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 6. Compute the current Future Facilities Costs. ~ Facilides Distria No. 2001-01 IA No. 3 11, 2ooz Page 9 119f Multiply the Allocated Share by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount Prepayment"). Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Take the amount computed pursuant to paragraph 8 and subtract the amount computed pursuant to paragraph 9 (the "Defeasance Amount"). 11. Verify the administrative fees and expenses of IA No. 3, including the costs of computation of the prepayment, the Payoff Parcers propodionate share of the costs of formation of the CFD if Bonds have not been sold, the costs to invest the prepayment proceeds, the costs of redeeming IA No. 3 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Prepayment Administrative Fees and Expenses"). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the Allocated Share by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 14. The Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 CPrepayment Amount"). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the C~ of Rand~ ~ ~ Fadides DLst~ No. 2001-01 IA No. 3 11, 2ooz Page 10 Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2001-01. The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of IA No. 3 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used to redeem IA No. 3 Bonds with the next prepayment of IA No. 3 Bonds. The CFD Administrator will confirm that all previously levied Special taxes have been paid in full. With respect to any Assessor's Parcel that is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes and IA No. 3 Maximum Special Taxes that may be levied on Taxable Property and IA No. 3 Taxable Property, respectively, after the proposed prepayment is at least 1.1 times the maximum annual Debt Service on all Outstanding Bonds. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Final Mapped Property or Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section Vl.1; except that a partial prepayment shall be calculated according to the following formula: PP=PEXF. These terms have the following meaning: PP = the partial prepayment PE -' the Prepayment Amount calculated according to Section VI.1 F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax, (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the padial prepayment of the City of Ran~ ~ ~ Fadlides E)isMa Na 2001-01 IA No. 3 Ap/,l zL 2ooz Pa~ 11 Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is padially prepaid, the City shall (i) distribute the funds remitted to it according to Section VI.1, and (ii) indicate in the records of CFD No. 2001-01 that there has been a partial prepayment of the Special Tax and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section IV. VII TERM OF "SPECIAL TAX" The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the IA No. 3 Bonds have been paid; and (ii) all facilities have been acquired and all reimbursements to the developer have been paid pursuant to the Acquisition and Construction Agreement. CityofRand~Cucancnga Cortra. a~ity Fadlities District No. 2001-011A No. 3 April H, 2ooz Page 12 RESOLUTION NO. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA TO INCUR BONDED INDEBTEDNESS WITHIN EACH OF THE PROPOSED IMPROVEMENT AREA NOS. 1, 2 AND 3 OF PROPOSED CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-01 RECITALS: WHEREAS, the CITY COUNCIL (the "City Council") of the CITY OF RANCHO CUCAMONGA, California (the "City") has heretofore adopted Resolution No. __ (the "Resolution of Intention"), stating the City Councirs intention to form City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District"), and three improvement areas therein (each an "Improvement Area"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), to finance facilities to serve the District, including incidental expenses, as further provided in the Resolution of Intention (the "Facilities"); and WHEREAS, the City Council estimates that the amount required to finance the Facilities is the sum of $27,000,000; and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness on behalf of the Improvement Areas in the amounts of not to exceed $15,000,000 for Improvement Area Nos. 1 and 2 and $12,000,000 for Improvement Area No. 3, the repayment of which is to be secured by special taxes levied in accordance with Section 53340 et seq. of the Act on all non-exempt property within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Bonded Indebtedness. It is necessary to incur bonded indebtedness within the boundaries of Improvement Area Nos. 1 and 2 of the proposed District in an amount not to exceed $15,000,000 and within the boundaries of Improvement Area No. 3 in an amount not to exceed $12,000,000 to finance the costs of the Facilities for the District. Section 2. Purpose. The bonded indebtedness for each Improvement Area will be incurred for the purpose of financing the costs of designing and constructing the Facilities, including, but not limited to, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance th6 Facilities which are permitted to be financed pursuant to the Act. Section 3. Terms. It is the intent of the City Council, acting as the legislative body of the District, to authorize the issuance and sale of a series of bonds for Improvement Area Nos. 1 and 2 in the maximum aggregate principal amount of $15,000,000 and a series of bonds for Improvement Area No. 3 in the maximum aggregate principal amount of $12,000,000, at a maximum interest rate of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of the City Council authorizing the issuance of such series, but such term shall in no event exceed 31 years from the date of issuance of such series of bonds or such longer term as is then permitted by law. 11231 \0073\645036.5 - 1 - Section 4. Hearing. A public hearing (the "Hearing") on the proposed debt issue shall be held June 6, 2001 at 7:00 p.m. or as soon thereafter as practicable, at the chambers of the City Council of the City of Rancho Cucamonga, 10500 Civic Center, Rancho Cucamonga, California 91730. Any interested persons, including all persons owning land or registered to vote within the proposed District, may appear and be heard at the Hearing. Section 5. Voting. The propositions to incur bonded indebtedness in the maximum aggregate principal amounts of $15,000,000 and $12,000,000, respectively, shall be submitted to the qualified electors of Improvement Areas Nos. 1 and 2 and Improvement Area No. 3, respectively, at a special election. Ballots shall be distributed to the qualified electors by mail with return postage prepaid or by personal service. Section 6. Published Notice. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing and the special bond election pursuant to Section 6061 of the Government Code in a newspaper of general circulation circulated within the proposed District. Such Notice shall be substantially in the form specified in Section 53346 of the Act. The publication of the Notice shall be completed at least 7 days before the date herein set for the Hearing. Section 7. Mailed Notice. The City Clerk is hereby directed to send a copy of the Notice of the Hearing by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed District as shown on the last equalized assessment roll. Mailing of the Notice shall be completed at least 15 days prior to the date of the Hearing. PASSED, APPROVED AND ADOPTED this 18th day of April, 2001. ATTEST: Mayor City Clerk 11231\0073\645036.5 -2- the Rancho city of Cucamonga Staff Report DATE~ April 18, 2001 Mayor and Members of the City Council Jack Lam, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Mitch Slagerman, Senior Redevelopment Analyst ADOPTION OF A RESOLUTION CONSENTING TO A JOINT PUBLIC HEARING ON THE REDEVELOPMENT PLAN AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR AMENDMENT NO. 2 TO THE RANCHO REDEVELOPMENT PROJECT RECOMMENDATION That the City Council adopt the attached Resolution consenting to a Joint Public Hearing on the Redevelopment Plan and the Supplemental Environmental Impact Report for Amendment No. 2 to the Rancho Redevelopment Project. BACKGROUND Before the City Council can consider approval of the Redevelopment Plan and Supplemental Environmental Impact Report for Amendment No. 2 to the Rancho Redevelopment Project, the Agency and City Council must each conduct a public hearing on the Plan. In accordance with Section 33458 of the Health and Safety Code, the Agency and the City Council, with the consent of both, may hold a joint public hearing on the proposed amendment. A separate staff report has been submitted to the Redevelopment Agency Board to consider this subject. ANALYSIS Based upon Heath and Safety Code requirements, the City Council and the Redevelopment Agency must consider, at a public hearing, the adoption of the Redevelopment Plan and approval of the Supplemental Environment Impact Report for Amendment No. 2 to the Rancho Redevelopment. The Agency and City Council may hold a joint public heating on the proposed amendment. A notice of the public hearing must be published in a newspaper of general circulation and a copy of the notice is required to be mailed, by first-class mail, to the last known assessee of each parcel of land in the area designated in the Redevelopment Plan. Additionally, the notice is required to be mailed to all residents and businesses within the Project Area by first- class mail and to the governing body of each taxing agency by certified mail. Through the adoption of the attached resolution, the City Council will establish the time, date and place of the joint public heating on the proposed amendment as follows: Date: June 6, 2001 Time: 7:00 p.m. Place: Council Chamber SUMMARY Based upon Heath and Safety Code requirements, the City Council and the Redevelopment Agency must consider, at a public hearing, the adoption of the proposed amendment. The Agency and City Council, with the consent of both, may hold a joint public hearing. Adoption of the attached resolution will meet the requirements of the Community Redevelopment Law and will establish the time, date and place of the joint public hearing. Respectfully submitted, rda\mks\plan amendment\SR041801.setpublicmeeting. CITY -2- /21 RESOLUTION NO. ~/' ~ S~S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONSENTING TO A JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR AMENDMENT NO. 2 TO THE RANCHO REDEVELOPMENTPROJECT WHEREAS, the Rancho Cucamonga Redevelopment Agency (the "Agency") has initiated proceedings for the adoption of the Redevelopment Plan for Amendment No. 2 to the Rancho Redevelopmerit Project; and WHEREAS, according to Section 33458 of the Health and Safety Code, the City Council shall consider at a public hearing the Redevelopment Plan submitted by the Agency. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The City Council hereby consents to a Joint Public Hearing with the Rancho Cucamonga Redevelopment Agency on the proposed Redevelopment Plan and Supplemental Environmental Impact Report for Amendment No. 2 to the Rancho Redevelopment Project at the following time and place: Date: June 6, 2001 Time: 7:00 p.m. Place: Council Chambers SECTION 2: The City Clerk, in cooperation with the Secretary of the Agency, is authorized and directed to give notice of such public hearing in the form and manner required by law. PASSED, APPROVED AND ADOPTED this 18th day of April 2001. A'FrEST: Mayor City of Rancho Cucamonga City Clerk City of Rancho Cucamonga [:\RDA\MSLAGERMAN\Word Documents\Plan AmendmentXRESO CC. setpublicmeeting.041801doc.doc 12Z RANCHO CUCAMONGA Stifff Report DATE: April 18, 2001 TO: FROM: BY: SUBJECT: Mayor and members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Phillip Verbera, Assistant Engineer APPROVAL OF MAP AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 15398, LOCATED ON THE SOUTH SIDE OF WILSON AVENUE APPROXIMATELY 800 FEET WEST OF BERYL STREET, SUBMITFED BY KEYSTONE INVESTMENTS, LLC RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Parcel Map 15390, and ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, and authorizing the Mayor and the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Parcel Map 15398, located on the south side of Wilson Avenue approximately 800 feet west of Beryl Street, in the Very Low Residential District, was approved by the Planning Commission on June 14, 2000, for the division of two acres into three parcels. The Developer, Keystone Investments, LLC, is submitting security to guarantee the setting of survey monuments as noted on the map and the State Subdivision Map Act in the following amounts: Monumentation Cash Deposit $2,550.00 Faithful Performance and Security Bonds to guarantee the construction of the off-site improvements were not required because all the off-site street improvements are existing. The Wilson Avenue improvements were built by the adjacent development, Concordia Homes Tract 14207. 123 CITY COUNCIL STAFF REPORT PM 15398 April 18, 2001 Page 2 The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. Respectfully submitted, L' William J. O'Neil City Engineer WJO:PV:sc Attachments / ~ilLLSIOE ROAD W~LSON STREET BANYAN STREET BASELINE ROAD SAN BERNARD[ND FREEWAY VICINITY MAP FOT TO SCALE , CITY OF RANCHO CUCAMONGA ENGINEEP-XNG DIVISION ~ .phA/559B TITLE: ~,P RESOLUTION NO. C>/-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROV1NG PARCEL MAP NUMBER 15398 WHEREAS, Tentative Parcel Map No. 15398, submitted by Keystone Investments, LLC, and consisting of three parcels, located on the south side of Wilson Avenue approximately 800 feet west of Beryl Street, being a division of two acres into said three parcels was approved by the Planning Commission of the City of Rancho Cucamonga, on June 14, 2000, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Parcel Map No. 15398, is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by Keystone Investments, LLC, as developer; and WHEREAS, said Developer submits for approval said Parcel Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the dedicated thereon rights of vehicular ingress and egress. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that the offers for dedication, easements and the final map delineating the same for said Parcel Map No. 15398 is hereby approved, and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. O[- O'~) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 15398 WHEREAS, the City Council of the City ofRancho Cucamonga, Califomia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public heating and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory') be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and 127 RESOLUTION NO. PM 15398 April 18, 2001 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the ~- proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All future proceedings ofthe Maintenance Dislricts, including the levy ofall assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: KEYSTONE INVESTMENT, LLC The legal description of the Property is: THOSE PORTIONS OF LOTS 9 AND 10, BLOCK 14, CUCAMONGA HOMESTEAD ASSOCIATION LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARD1NO, STATE OF CALIFORNIA, AS SHOWN BY MAP RECORDED IN BOOK 6 OF MAPS, PAGE 46, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 10, A DISTANCE OF 230.00 FEET OF THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 00 DEG 35' 44" EAST 264.00 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 10 TO THE NORTHWEST CORNER OF PARCEL 3 OF AMENDING PARCEL MAP 1843 AS RECORDED IN BOOK 23 OF PARCEL MAPS PAGE 10, RECORDS OF SAID COUNTY; THENCE NORTH 89 DEG 39' 28" EAST 330.05 FEET TO THE NORTHEAST CORNER OF PARCEL 4 OF SAID AMENDING PARCEL MAP 1843; THENCE NORTH 00 DEG 34' 56" WEST 264.11 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID LOT 10; THENCE ALONG SAID NORTHERLY BOUNDARY LINE OF SAID LOT 10: THENCE ALONG SAID NORTHERLY BOUNDARY LINE SOUTH 89 DEG 38' 19" WEST 330.11 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT 9 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF AFORESAID LOT 10, A DISTANCE OF 383.75 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 10, SAID POINT ALSO BEING AT THE INTERSECTION WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1444.00 FEET AND TO WHICH POINT A RADIAL BEARS NORTH 14 DEG 32' 31" WEST, THENCE NORTHEASTERLY 171.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 DEG 49' 10" TO A POINT ON SAID CURVE ON WHICH A RADIAL BEARS NORTH 21 DEG 21' 41" WEST; THENCE NORTH 68 DEG 38' 19" EAST 13.29 FEET; THENCE SOUTH 00 DEG 34' 56" EAST 56.68 FEET; THENCE SOUTH 89 DEG 38' 19" WEST 176.37 FEET TO THE POINT OF BEGINNING. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A- 1 PM 15398 EXHIBIT "A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA NORTI! Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD #1) represents 33.93 acres of landscape area and 43.25 acres of parks that are located at various sites throughout the City. These sites are not considered to be associated with any one particular area within the City, but rather benefit the entire City on a breader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, Community Trails and Parks. The 43.25 acres of parks consist of Bear Gulch Park which is 5 acres, 20 acres of East and West Beryl Park, 5 acres of Old Town Park, 6.5 acres of Chureh Street Park, the Rancho Cucamonga Senior Center which consists of 175 acres and the newest park, Golden Oaks Park located on 6th Street, west of Archibald. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD # 1 ) is used to fund the ma'mtenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally this area encompasses the residential area of the City west of Haven Avenue. It has been determined that the facilities in this district benefit this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. /3/ Exhibit B (continued) Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: PM 15398 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 ............... SLD # 2 ............... Community Trail Tuff Non-Turf Landscaping DGSF SF SF L1 ......... Trees EA *Existing items installed with adjacent project (TR 14207) B-2 PM 15398 132 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of # of Rate Per Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Parcel 7269 1.0 7269 $92.21 $670.274.49 Family Multi- Unit 5952 0.5 2976 $92.21 $274,416.96 Family TOTAL $944,691.45 The Proposed Annual Assessment against the Property (PM 15398) is: 3 Parcels x 1 A.U. Factor x $92.21 Rate Per A.U. = $276.63 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 TOTAL $483,560.00 The Proposed Annual Assessment against the Property (PM 15398) is: 3 Parcels x 2 A.U. Factor x $17.77 Rate Per A.U. = $106.62 Annual Assessment C - 1 PM 15398 Exhibit C (continued) STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment I,and Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 6606 1.00 6606 $39.97 $264,042.00 Family The Proposed Annthai Assessment against the Property (PM 15398) is: 3 Parcels x 1 A.U. Factor x $39.97 Rate Per A.U. = $119.91 Annual Assessment C-2 PM 15398 CERTITICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR PARCEL MAP 15398 LANDSCAPE MAINTENANCE DISTRICT NO. 1, STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2 STATE OF CALIFORNIA COUNTY OF SAN BERNARDNO CITY OF RANCHO CUCAMONGA WILLIAM J. O"NEIL, the undersigned, hereby certifies as follows: That I am the duly CITY ENG1NER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 18th day of April, 2001, I reviewed a Consent and Waiver to Annexation pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the territory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of Califomia. EXECUTED this 18th day of April, 2001, at Rancho Cucamonga, California. "CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA THE CITY I~^NCHO OF CUCAMONGA S fRepo DATE: TO: FROM: BY: SUBJECT: April18,2001 Mayorand Members ofthe City Council Jack Lam, AICP, CityManager William J. O'Neil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 FOR DR 00-31, LOCATED AT THE NORTHWEST CORNER OF SIXTH STREET AND MILLIKEN AVENUE, SUBMITTED BY JEFFERSON AT EMPIRE LAKES, L.P. It is recommended that the City Council adopt the attached resolutions approving DR 00-31, accepting the subject agreements and securities, ordering the annexation to Landscape Maintenance District No. I and Street Lighting Maintenance District No. 1, and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DR 00-31, located at the northwest corner of Sixth Street and Milliken Avenue, in the Mixed Use Planning Area IX (Subarea 18) of the Industrial Area Specific Plan, was approved by the Planning Commission on August 23, 2000. This project is for the development of 521 apartments on 20.46 acres of land. The Developer, Jefferson at Empire Lakes, L.P., is submitting agreements and securities to guarantee the construction of the public improvements and future bus bay installation in the following amounts: Public Future Bus Bay Improvements Installation $255,000.00 $52,550,00 Faithful Performance Bond Labor and Material Bond $127,500.00 $26,165,00 CITY COUNCIL STAFF REPORT DR 00-31 April 18, 2001 Page 2 Copies of the agreements and securities are available in the City Clerk's Off~ce. A letter of approval has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully submitted, William J, O'Neil City Engineer WJO:WV:sc Attachments ARROW ROUTE PROJECT LOCATION 6TH ST. bJ 4TH ST. INLAND EMPIRE BLVD. SAN BERNARDINO ('10) FREEWAY AIRPORT DR. CITY OF RANCHO CUCAMONGA rr~: DR-Oaal N VICINITY/~/~P ENGINEERING DIVISION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECUPdTIES FOR DR 00-31 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration Improvement Agreements executed on April 18, 2001, by Empire Lakes, L.P. as developer, for the improvement of public fight-of-way adjacent to the real property specifically described therein, and generally located at the northwest comer of Sixth Street and Milliken Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreements and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DR 00-31; and WHEREAS, said Improvement Agreements are secured and accompanied by good and ' sufficient Improvement Securities, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: That said Improvement Agreements be and the same are approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and That said Improvement Securities are accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. RESOLUTION NO. ~/' Dq2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR DR 00-31 WHEREAS, the City Council of the City ofRancho Cucamonga, Califomia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1 and Street Lighting Maintenance District No. 1 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public heating and the right of majority protest may be waived in writing with the written consent of ail of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory")' be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and RESOLUTION NO. DR 00-31 April 18, 2001 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All future proceedings oftheMalntenanceDistricts, including the levy ofall assessments, shall be applicable to the Territory. Iql Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: JEFFERSON AT EMPIRE LAKES, L.P. The legal description of the Property is: PARCEL 9 OF PARCEL MAP NO. 14647, 1N THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 177 OF PARCEL MAPS, PAGE(S) 90 TO 96, INCLUSIVE, RECORDS OF SAID COUNTY; AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 25, 1995, INSTRUMENT NO. 95-369354, OFFICIAL RECORDS The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-1 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. STREET LIGHTING MAINTENANCE DISTRICT NOS. I ~ ~ MILLiKEN AVENUE ' ' ,,' CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA NORTtl Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD # 1 ) represents 33.93 acres of landscape area and 43.25 acres of parks that are located at various sites throughout the City. These sites are not considered to be associated with any one particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, Community Trails and Parks. The 43.25 acres of parks consist of Bear Gulch Park which is 5 acres, 20 acres of East and West Beryl Park, 5 acres of Old Town Park, 6.5 acres of Church Street Park, the Rancho Cucamonga Senior Center which consists of 175 acres and the newest park, Golden Oaks Park located on 6m Street, west of Archibald. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (S LD # 1 ) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: DR 00-31 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 --- 6, 8' ......... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L1 ............ *Existing items installed with original project Assessment Units by District Multi-Family S I L 1 521 Units 521 260.5 ANNEXATION DATE: April 18, 2001 B-1 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of # of Rate Per Physical Assessment Assessment Assessment Land Use Type. ,Units Units Factor Units Unit Revenue Single Parcel 7269 1.0 7269 $92.21 $670.274.49 Family Multi- Unit 5952 0.5 2976 $92.21 $274,416.96 Family TOTAL $944,691.45 The Proposed Annual Assessment against the Property (DR 00-31 ) is: Multi Family 521 Units x 0.5 A.U. Factor x $92.21 Rate PerA.U.= $24,020.71 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor IJnits Unit Revenue Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commemial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property (DR 00-31) is: Multi Family: 521 Units x 1 A.U. Factor x $17.77 Rate Per A.U. = $9,258.17 Annual Assessment C-1 RANCHO CUCAMONGA ENGINEERING DEDARTMENT Su/fRepo DATE: TO: FROM: BY: SUBJECT: April 18, 2001 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT, ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 16105, LOCATED BETWEEN EAST AVENUE AND THE 1-15 FREEWAY, SOUTH OF BASE LINE ROAD, SUBMITTED BY RANCHO CUCAMONGA LAND CO., LLC, A CALIFORNIA LIMITED LIABILITY COMPANY RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving and accepting the Improvement Agreement, Improvement Securities, Monumentation Cash Deposit, ordering the annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 and authorizing the Mayor and the City Clerk to sign said agreements and to cause said map to record. BACKGROUND/ANALYSIS Tentative Tract Map 16105, located between East Avenue and the 1-15 Freeway, south of Base Line Road, in the Low Medium Residential District (4-8 Dwelling Units per acre) within the Etiwanda South Overlay District, was approved by the Planning Commission on September 27, 2000, for the development of 147 single-family lots on 28.74 acres of land. The Developer, Rancho Cucamonga Land Co., LLC, a California Limited Liability Company, is submitting an agreement and securities to guarantee the construction of the public improvements in the following amounts: CITY COUNCIL STAFF REPORT TRACT 16105 April 18, 2001 Page 2 Faithful Performance $1,420,000.00 Labor and Material $ 710,000.00 Monumentation Cash Bond $ 9,750.00 Copies of the improvement agreement and securities are available in the City Clerk's Office. A letter of compliance has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. Re,§l?ectively submitted, ~am J. O'Neil City Engineer WJO:WV:sc Attachment II td BASELINE PROJECT SITE II ROAD MILLER AVE. II FOOTHILL ARROW (RT 66) II BOULEVARD ROUTE CITY OF RANCHO CUCAMONGA ENGINEEPJNG DIVISION N RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16105, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND MONUMENTATION CASH DEPOSIT WHEREAS, the Tentative Map of Tract No. 16105, submitted by Rancho Cucamonga Land Co., LLC, a Califomia Limited Liability Company, located between East Avenue and the 1-15 Freeway, south of Base Line Road, for the development of 147 single-family lots on 28.74 acres of land was approved by the Planning Commission of the City of Rancho Cucamonga on September 27, 2000, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 16105 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Securities by Rancho Cucamonga Land Co., LLC, a California Limited Liability Company, as developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Improvement Agreement and said Improvement Securities submitted by said Developer be and the same are hereby approved, and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk is authorized to attest thereto; and that the offers for dedication and the final map delineating the same for said Tract Map No. 16105 is hereby approved, and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. D/- t~)q~~/t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 8 FOR TRACT 16105 WHEREAS, the City Council of the City ofRancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Pan 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 9, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, 'such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution oft he State of Califomia ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the. levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and RESOLUTION NO. TRACT 16105 April 4, 2001 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in mounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds ofannuai assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All fumre proceedings ofthe Maintenance Districts, including the levy ofall assessments, shall be applicable to the Territory. Exhibit A To Identification of the Owner and Description of the Property To be Annexed The Owner of the Property is: Rancho Cucamonga Land Co., LLC, A California Limited Liability Company (Print or type the name of the Owner of the Property in the space provided above.) The legal description of the Property is: See A-2 A-1 EXHIBIT "A" THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARD]NO AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 9 AND 10 IN BLOCK "R" OF ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND MINERALS AND ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED, BELOW A DEPTH OF 500 FEET XVITHOUT THE RIGHT OF ENTRY UPON THE SURFACE OF SAID LAND, AS CONTAINED IN THE DEED FROM DANIEL L. PLIES, A MARRIED MAN, RECORDED MAY 17, 1971, 1N BOOK 7669, PAGE 144, OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF LOT 10 CONDEMNED TO THE STATE OF CALIFORNIA BY ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 1, 1975, 1N BOOK 8647, PAGE 612, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT; THENCE ALONG THE NORTH LINE OF SAID LOT NORTH 89° 48' 57" EAST 235.87 FEET; THENCE SOUTH 44° 47' 3~" WEST 334.47 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE 0° 03' 16" WEST 236.60 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED JULY 25, 1956, LYING EAST OF THE EAST LINE OF LOT 9 OF BLOCK "R" OF THE ETIWANDA COLONY LANDS SUBDIVISION AS RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, LYING WEST OF THE WEST LINE OF EAST AVENUE (60 FEET IN WIDTH) AND BETWEEN THE EASTERLY PROLONGATIONS OF THE NORTH LINE OF LOT 9 AND THE SOUTH LINE OF LOT 9 OF BLOCK "R" OF THE ETIWANDA COLONY LANDS SUBDIVISION, AS RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY; THE RIGHT OF WAY OF THE AFORESAID EAST AVENUE BEING DELINEATED ON THE MAP RECORDED IN BOOK 2, PAGE 62, RECORDS OF SURVEY. EXCEPTING AN UNDIVIDED ONE-HALF OF ALL OIL, GAS AND MINERALS AND AN UNDIVIDED ONE-HALF OF ALL OIL, GAS AND MINERAL, RIGHTS tIPON AND UNDER THE LAND HEREIN DESCRIBED, AS CONTAINED IN THE DEED FROM SECURITY FIRSTNATIONAL BANK OF LOS ANGELES TO WALTER T. CASEY, A MARRIED MAN, RECORDED AUGUST 21, 1937, IN BOOK 1219, PAGE 483, OFFICIAL RECORDS, BUT WITHOUT THE RIGHT OF ENTRY UPON THE SURFACE OF SAID PROPERTY HERFIN DESCRIBED, AS QUITCLAIMED BY INSTRUMENT RECORDED OCTOBER 10, 1952, IN BOOK 3035, PAGE 303, OFFICIAL RECORDS. A - 2 TR 16105 ALSO EXCEPTING THEREFROM ONE-HALF OF ALL OIL, GAS AND MINERALS AND ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF ENTRY UPON THE SURFACE OF SAID LAND, AS CONTAINED IN THE DEED FROM DANIEL L. PLIES, A MARRIED MAN, RECORDED MAY 17, 1971, IN BOOK 7669, PAGE 144, OFFICIAL RECORDS. PARCEL3: THAT PORTION OF LOT 11, BLOCK "R", AS SHOWN ON PRELIMINARY MAP OF ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARD1NO, STATE OF CALIFORNIA, ON FILE 1N BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE EAST LINE OF SAID LOT 11, NORTH 0° 3' 16" WEST 425.32 FEET; THENCE COURSE "A", SOUTH 44° 47' 32" WEST 237.60 FEET; THENCE COURSE "B" SOUTH 44° 20' 46" WEST 360.46 FEET TO THE SOUTH LINE OF SAID LOT 11; THENCE ALONG SAID SOUTH LINE NORTH 89° 51' 08" EAST 419.76 FEET TO THE POINT OF BEGINNING. PARCEL4: LOT 8, BLOCK "R" OF ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE STATE OF CALIFORNIA BY ORDER OF THE SUPERIOR COURT, CASE NO. 158685, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 1, 1975, IN BOOK 8647, PAGE 627, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE ALONG THE NORTH LINE OF SAID LOT NORTH 89° 46' 46" EAST 275.54 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 4000 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE FROM A TANGENT BEARING SOUTH 51° 48' 46" WEST THROUGH AN ANGLE OF 5° 12' 37", A DISTANCE OF 363.75 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID WEST LINE NORTH 0° 03' 31" WEST 236.50 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE CUCAMONGA COUNTY WATER DISTRICT BY FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH RECORDED FEBRUARY 3, 1998, AS INSTRUMENT NO. 98-038591, OFFICIAL RECORDS AND RECORDED MARCH 16, 1998, AS INSTRUMENT NO. 98-093850, OFFICIAL RECORDS. PARCEL5: THAT PORTION OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCANONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED JULY 25, 1856, LYING EAST OF THE EAST LINE OF LOT 8 OF BLOCK "R", OF THE ETIWANDA COLONY LANDS SUBDIVISION, AS RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, LYING WEST OF EAST AVENUE (60 FEET IN A - 3 TR 16105 WIDTH) AND BETWEEN THE EASTERLY PROLONGATIONS OF THE NORTH AND SOUTH LINES OF LOT 8 OF BLOCK "r" OF THE ETIWANDA COLONY LANDS SUBDIVISION, AS RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY; THE RIGHT OF WAY OF THE AFORESAID EAST AVENUE BEING DELINEATED ON MAP RECORDED IN BOOK 2, PAGE 62, RECORDS OF SURVEY. EXCEPTING AN UNDIVIDED V2 OF ALL OIL, GAS AND MINERALS AND AN UNDIVIDED ~ OF ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED, AS CONTAINED IN THE DEED FROM SECURITY FIRST NATIONAL BANK OF LOS ANGELES TO WALTER T. CASE, A MARRIED MAN, RECORDED AUGU ST 21, 1937, IN BOOK 1219, PAGE 483, OFFICIAL RECORDS, BUT WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF SAID PROPERTY HEREIN DESCRIBED AS QUITCLAIMED BY INSTRUMENT RECORDED OCTOBER 10, 1952, IN BOOK 3035, PAGE 303, OFFICIAL RECORDS. ALSO EXCEPTING AN UNDIVIDED 'A OF ALL OIL, GAS AND MINERALS AND ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND HEREIN DESCRIBED, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF ENTRY UPON THE SURFACE OF SAID LAND, AS CONTAINED IN THE DEED FROM DANIEL L. PLIES, A MARRIED MAN, RECORDED MAY 17, 1971, IN BOOK 7669, PAGE 142, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE CUCAMONGA COUNTY WATER DISTRICT BY FINAL ORDER OF CONDEMNATION A CERTIFIED COPY OF WHICH RECORDED FEBRUARY 3, 1998, AS INSTRUMENT NO. 98-038591, OF OFFICIAL RECORDS AND RECORDED MARCH 16, 1998, AS INSTRUMENT NO. 98-093850, OF OFFICIAL RECORDS. PARCEL 6: THAT PORTION OF LOT 7, BLOCK "R", AS SHOWN BY PRELIMINARY MAP OF ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, SATE OF CALIFORNIA, RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT 7, DISTANT ALONG SAID SOUTH LINE, NORTH 89'~ 48' 57" EAST 235.87 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 44° 47' 32" EAST 477.60 FEET TO THE POINT OF TANGENCY OF THIS COURSE WITH THE SOUTHWESTERLY CONTINUATION OF THAT CERTAIN CURE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 4000 FEET AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RENDERED 1N SUPERIOR COURT CASE NO. 158685, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 31, 1975, IN BOOK 8647, PAGE 627, OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID CONTINUATION, A DISTANCE OF 126.38 FEET TO THE EAST LINE OF SAID LOT 7 A-4 TR 16105 155 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 9 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 8 rA:'tlcT I~ltt.q // / / / ..... · z"~ T u~//Ts CITY OF RANCHO CUCAMONGA NORTH COUNTY OF SAN BERNARDINO STATE OF CAUFOr~IA Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA): The proposed improvements and the installation and/or maintenance of such improvements for the proposed district located south of Victoria Street, north of Foothill Boulevard, east of Etiwanda Avenue, and west of East Avenue, are to be generally described as follows: Park improvements including, but not limited to, grading, planting, irrigation, on-site roads sidewalks, parking lots, lighting, waterscape, restrooms, senior citizen facilities, playground equipment, picnic facilities, major lighted athletic facilities, jogging trails, underground storm drain system, maintenance facilities and adjacent public street improvements. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD # 1 ) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district Consist of street lights on arterial streets and traffic Signals on . arterial streets within the rights-of-way'or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. B - 1 TR 16105 Exhibit B (continued) Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 16105 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 --- 6 ......... SLD # 8 37 ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 9 ...... 8845 204 *Existing items installed with original project Assessment Units by District Parcel DU S 1 S8 L9 --- 147 147 147 147 Annexation Date: April 4, 2001 B-2 TR 16105 Exhibit C Proposed Annual Assessment Fiscal Year 200012001 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA): It is recommended that the rate per assessment unit (A.U.) remain at $375.91 for the fiscal year 2001/02. The following table summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda): # of # of Rate Per Physical Physical Assessment Assessment Assessment l,and Use tinit Type Units Units Factor Units Unit Revenue Single Family Parcel 269.00 1.00 269.00 $375.91 $101,119.79 The Proposed Annual Assessment against the Property is: 147 Parcels x 1 A.U. Factor x $375.91 Rate Per A.U. = $55,258.77 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land lJse Unit Type Units Units Factor Units lJnit Revenue Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Multi-Family Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property is: 147 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $2,612.19 Annual Assessment C- 1 TR 16105 Exhibit C (continued) STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): # of Rate Per Physical # of Physical Assessment Assessment Assessment l,and Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 81 1.00 81 $193.75 $15,694.00 Family The Proposed Annual Assessment against the Property is: 147 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. = $28,481.25 Annual Assessment C-2 TR 16105 RANCHO CUCAMONGA COMMUNITY ~Ei%VICES DATE: April 18, 2001 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: Kevin McArdle, Community Services Director Paula Pachon, Management Analyst III SUBJECT: Approval of a Resolution in Support of a Reprogramming of Grant Funds for a Teen Connection Program RECOMMENDATION That the City Council approve the attached Resolution in support of a reprogramming of grant funds for a Teen Connection program. BACKGROUND In 1999 the City received notification of an appropriation through the State Department of Parks and Recreation for $29,550 to establish a second teen center within the City of Rancho Cucamonga. Despite diligent efforts, no suitable location could be identified. With the time line for funding coming to a close City staff began working with our local high schools on a new program direction for the use of these funds; specifically, a Teen Connection program. The Teen Connection Program will be on each high school campus one day per week for the entire school year for a minimum of three hours to provide students with access to community programs and services. The program will offer students a variety of ways to become involved in community service and meet their graduation requirement. The program will feature on-campus promotions and activities to draw attention to the benefits of the program. In addition, the Program will also feature annual awards and scholarships for those students who best exemplify community service and spirit. In order for our new program concept for the Teen Connection Program to be reviewed, contracts processed and for funds to be encumbered by the State Department of Parks and Recreation the attached application and resolution needs to be approved by City Council and forwarded to the State by May 1,2001. Community Services Director h~COMMSERV~Council&BoardslCityCouncil~StaffRepo~tst TeenConnectionRes4. 18,01.doc State of California -- The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPLICATION FOR LOCAL ASSISTANCE GRANT pROJECTNAME City of Rancho Cucamonga Teen Connection Program GRANTEE(Agen~ andaddmss-ind~ing~pcode) City of Rancho Cucamonga Community Services Department PO BOX 807 Rancho Cucamonga, CA 91730 GRANTAMOUNTS 29,550 ESTIMATEDTOTALPROjECTCOST (Stata Gmntandother~nds) $ 52,705 COUNTY NEAREST CITY San Bernar~ino Ranehn PROJECTADDRESS NEAREST CROSS STREET SENATE DISTRICT NO. ASSEMBLY DISTRICT NO, Grantee's Representative Authorized in Resolution Bill Pallotto Name (type) Recreation Snperv~nor Person with day-day responsibility for project 0f different from authorized representative) q0q-477-?7~ Phone Same Name(type) Title Phone Bdefdescriptionofpmject The City of Rancho Cucamonga opened its first Teen Center at an existing facility in 1998. In an effort to serve more youth in the community the City has expanded their services to a new level with the implementation of ~ Teen Connection Program. The Teen Connection Program will be located on each high school campus one day per week for the entire school year for ~ minimum of three hours to provide access to programs and services. Through this Program the City will be able to offer students with a number of ways to become involved in community ~ervice and meet their graduation requirements. We will feature on-campu promotions and activities to draw att~nt~nn tO the benefitc of the program. Award~ a~d s~olar~hiF~ wiLl~'~lso be For Dev. projects Land Tenure - Project is: acres: Acras owned in fee simple by Grant Applicant Acres available under a year lease Acres other interest (explain) For Acquisition projects-Prejecta will be aores provided. Acquired in fee simple by Grant Applicant __Acquired in obher than fee simple (explain) I certify that the information contained in this project application form, including required attachments, is accurate. Signed Grantee's Authorized Representative as shown in Resolution Data 8 PROCEDURAL GUIDE FOR LOCAL GRANT PROJECTS FUNDED BY LEGISLATIVE GRANTS FROM VARIOUS SOURCES State of California - The Resources Agency Department of Parks and Recreation Revised July 2000 Grant special General Provisions Definitions 1. The t~rm "Slate" and used herein means the California Stete Deparbnent of Parks and Recreation. 2. The teffn "Act' as used herein means the Appropriation for the Program. 3, The tam "Project" as used heroin means the project described on page 1 of this Confuact. 4. The term "Gran_t~e" as used heroin means ~ party desc~bed as the Grantee on page I of this Conb~cL 5. The 'Appl'~a' · as used heroin means the indMdual Application and its required attachments for grants term ~ tjon pursuant te the enabling legislation and/or program. 1: Subject te the availability of grant moneys in the Act, the Stete heraby grante to the Grantee a sum of money (grant rncneys) not to exoeed the amount steted on page I in consideraUon of and on condffion that ~e sum be expendel in canying Out the purposes as set forth in the Description of Project on page I and under the terms and 6. 7. 8. Grantee shall assume any obligation to fumish any additional funds tha~ may be necessaP/to complete the Project. Any modffication or alteralion in the Project as set forth in the Application an file with the Slate must be submitted to ~he Slate for aplxoval. Grantee shall complete the Project in accordance ~ fie time of Project Perronnanca set forth an page 1, and under the terms and conclffiorks of this Contact, Grantee shall comply as lead agency wi~ the California Environmental Quality Act (Public Resources Code, Sec~on 21000, eL seq.) If the Project indudas development the Grantee shall comply with all applicable current laws and regulalions effec~ng development projects, including, but not limited to, legal requirements for consth~ction confracts, building codes health and safe codes, and disabled access laws. Grantee shell permit pedndic site visits by ~e Slate to determine if development work is in accordance with the appmved Project Scope inciuding a final inspection upon Project completion. Grantee agrees to submit any significant deviation from the odginal Project Scope la the Stete for prior approval. If the Project includes acquisition of real properiy, fie Grantee agrees to comply. with all applicable state and local taws or ordinances effe~ng mldcation and real property acquisition. Grantee shall provide for public access in accordance with the intent and provisions of the enabling Ingisiaffi:m and/or program. 12 project Costs , The Grant rnGneys to be provided Grantee under this Contract may be disbursed as foilows: 1, If the Project includes acquisi~on of real property, 'lhe State my disburse to Grantee the g~ant moneys as follows, but not to exceed in any event the State grant amount set forth on page 1 of this Contract a. ' When acquisiiion is through negoliated purchase, State may disburse ~e amount of the State approved purchase pdce together with State approved cc~ts of accluisilien when an escrow is opened. b. When acquisition is allowed pursuant to this Act through proceedings in eminent domain, Slate may disburse be amount of the total award as provided for in ~ final o~der of oonclemnation together with State approved costs of acquisition. In the event Grantee abandons such eminent domain proceedings, Grantee shall bear all costs in connec~on therewffih and that no grant moneys shall be disbursed for such costs. 2. If the Project includes development, the State may disburse to Grantee the grant moneys as follows, but not to exceed in any event the State grant amount set forth of page I of this ~ct: a. Up to ten percent of the total grant for pmliminaP/costs. ~ b. On proof of awaffi of a cof~c:~3n conb'act or commencement of corkstmc~,io~ by force.account, up to ninety percent of Ihe total grant, or the ac~al cost, whichever is less. c. Remaining grant funds shall be paid up to the amount of the Grant or the actual Project ~ whichever is less, on complelicm of the Project and receipt of a detailed sum may of Project ce6ts from ~ G~antee. 1. Grantee shall promptly submit sudl re~)tcs as the State may requesL In any event Grantee shall provide State a report showing total firal Project expendituret. 2. Grantee shall make property and facilities accluired or developed pumuant to this Cor~act available for inspec~on upon request by ~e State. 3. Grar~teesha~useanym~neysadvancedbytheStateunderthe~t~rms~fthisCe~rac~s~dyf~thePr~jec~hemin 4. If grant rnoneys are advanced, the Grantee shall place moneys in a separate interest bearing account, setting up and identifying such account pdor to the advance. interest eamed on grant moneys shall be used on Ele Project or paid to ~e State. If gram moneys am aclvanced and not expended, the unused porffi3n of ff Grant shall be returned to the State within 60 days of complYlion of the Project or end of g'te Project Perrom~ance Period, approval by the State, for related pum wiffiin ffhe Grantee's jufisdictori. Project Termirsa~on ' 1. Grantee may unilateralhj resond ~his Co~lract at any I~me prior to ~e commencement of ~ Project. After Project commencement this Contact may be rescinded, modified or amended by mutual agreement in wtffing. 2. Failure by be Grantee to comply with the remus of this Conrac~ or any offer Contract under the Act may be cause for suspensio~ of aII obligations of be State hemunder. 3. Failure of the Grantee to comph/with the tams of this Contract shall not be cause for the suspension of all obligafions of the State hereunder ff in ~e judgment of the State such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cest any irrevocable obligations prope~y incurred shall be eligible for reimbun3ement under this Contract 4. Because file beqeffi to be derived by the State, from the full compliance~by the Grantee wffil the teffns of this Contmc~ is the preservafi~n, protenon and net increase in the quantity and quality of i~s, public recreation · fadlitjes and/or historical resources available to the people of Ihe State of California and because auci~ benefit exceeds to an immeasurable and unascertainable extent the amount of money fumished by Ihe Stars by way of grant moneys under the provisions of this ContracL the Grantee agrees that payment by the Grantee to tt~ State of an amount equal to the amount of the grant moneys disbursed under this Conbad by ~e State would be inadequate compensation to ~he State for any breach by the Grantee of this Conbad. The Grantee further agrees therefore, that the aagrop~ato remedy in the event of a breach by ~e Grantee of this Confraot shall be the specific prance of this Cnob'act. unless obherwise agreed to by the State. Grantee and State a~ree that if the Project includes development, final payment may not be made until the Project conforms substantially to this Contract. Hold Harmless Grantee shall waive all claims and recourse against the State including the right to conffibut~n for loss or damage to pesons or property arising ~'om, growiag out of or in any way connected with or inddent to this Conbact except claims adsing from the concurrent or sale negligence of Stain, its officers, agents, and employees. Gram shall indemnify, hold ham and defend Siinin, its offices, agents and employees against any and all claims demands, dar'mages, ¢osin, expenses or liability costs adsing out of the acquisition, devalopment, of ac~ee arise under Govemmsnt Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers, age~in, or employees. Grantee agrees ~at in N event State is named an codefendant under ~ provisions of Govemment Cede Sec~ 895 et seq., the Grantee shall notify State of such fact and shall represent State in ~ legal adjo~ unless State undertakes to represent iiseif as codefendant in such legal ac~an in which event State shall bear its owrl litige'~:xl costs; expenses, and attomey's fees. Grantee and State agree that in the event of judgment antered against the State and Grantee because of the cencunef~t negligence of the State and Grantee, their officers, agents, or employees, an appo~o~ment of liability to bey such judgment shall be made by a court of cornpatent jurisdic~on. Neither party shall request a jury apportionment: Grantee shall indemnify hdd harmless and defeld the State, its officers, agents and employees ~gainat any and Grantee has cer~. Grantee acknowiedges that it is sotoly msponsible for comlpliance wiffi items te which it has cerl~. Grantee shall maintain satlafadoW financial accounts, documents and records for the Project and to make them available to the state for audifiag at reasonable times. Grantee also agrees to retain such financial accounts, C-~antee and State agree that during regutar office hou~ each of the paffies herete and their duly autho~zed representaf~.es shall have 6're ~ght to inspect and make copies of any books, records or repods of the other party pertaining to 6.tis Co,~baot or mt~ related thefete. Grantee shall mintain and make available fix inspec~on by the State accurate records of all of its costs, disbursements and recepts with respect to its ac~viftes under thin Contrad. 2. Grantee sl~a~ll use a generally accepted accounting system. Use of Fadlitins Grantee agrees that the Grantee shall use the property acquired or developed with grant rn~qeys under this Cef~fract o~ly for the purTx~ses for which the State grant moneys were requested and no other use of the area shall be permitted except by spedtic act of the Legisiatom. The Grantee shall maintain and operain the property acquired or bevaloped for a periud commensurate with the type of Project and the propoffion of State Grant funds and local funds allocated to the capital ceeis of the Project. The Grantee shall not discriminate against any pemon on ~e basis of sex, race, color, national odgin, age, religion, ancesby, or physical handicap in the use of any property or fadlity acquired or developed pursuant to this Contract. The Grantee shall not discriminate against any person on ~ basis of residence except to ~e extent that reasonable differences in admissicn or offier fees may be maintained on ~le basis of resident and pursuant to law. All fadlies shall be open to membss of Ihe public generally, except as noted under the speoal provisions of Project Confract or under pmvisicms of the enabling leg~slalion and/or program. Applica~on Incoepcfafion The Application and any subsequent change or addilion approved by fie State is hereby incorporated in ~is Contrac~ as though set fo~h in full in this Contact. If any provision of this Confract or the application thereof is held invalid, ~at invalidity shall not affect other provisions or appiicaliens of fie Contract whictl can be given effec~ without the invalid prov~ or applicafion and 15 1[,,7 RESOLUTION NO. 01- O~z' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR A TEEN CONNECTION PROGRAM. WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Grantee to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the Grantee will enter into a contract with the State of California for a Teen Connection Program; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby: Approve the filing of an application for local assistance for the above project; and Cedi~es that Grantee understands the assurances and certification in the application form; and Certifies that Grantees has or will have sufficient funds to operate and maintain the project; and Certifies that Grantee has reviewed and understands the General Provisions contained in the Project Contract shown in the Procedural Guide; and Appoints the Youth Division Recreation Supervisor as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED, AND ADOPTED this 18th day of April, 2001. AYES: NOES: ABSENT: ABSTAINED: A'I'FEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 18th day of April, 2001. Executed this 18th day of April, 2001, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk hlCOMMSERV~Council&BoardslCityCounciAStaffRepoftstTeenConnectionResolution4. 18.01.doc THE C ITY OF CUCAMONGA S 3ffRe gt TO: Mayor and Members of the City Coundl Jack Lam, AICP, City Manager FROM: DATE: SUBJECT: Debra J. Adams, CMC, City Clerk April 18, 2001 APPROVAL TO APPROPRIATE $8,100 IN ACCOUNT NUMBER 10013035605 FOR THE PURPOSE OF PURCHASING COMPUTER EQUIPMENT AND $10,000 IN ACCOUNT NUMBER 10013025300 FOR THE PURPOSE OF CONVERTING BUILDING AND SAFETY PLANS TO AN ELECTRONIC FORMAT RECOMMENDATION It is recommended that the City Council authorize an appropriation in the amount of $8,100 into account number 10013035605 to fund the purchase of four scanners to be used by all departments to expedite and streamline the preparation of agenda packets, resolutions and ordinances, It is also recommended that $10,000 be appropriated into account number 10013025300 for the conversion of Building and Safety plans from 16 MM film into digital electronic images that can be accessed at the desktop level. The appropriation will be funded from the development fee reserve established in FY 1999/2000. BACKGROUND Currently, attachments for staff reports, resolutions and ordinances are generally presented to the City Clerk's office in paper format, as some of these documents can be years old and are not available electronically. The implementation of the scanners into our preparation process will provide a more efficient, electronic format for the Clerk's office, saving time and developing a more professional looking product. Additionally, due to the large quantity of plans being generated through Building and Safety, it is necessary to outsource the conversion of 16 MM film so they are available in an electronic format for all users' access at their desktop. Staff recommends approval of the transfer of funds as stated above. If you have any questions, please do not hesitate to contact me. Ce ectf%lly sub ' m CMC, City Clerk i?b RANCHO CUCAMONGA COMMUI~ITY ,~ERVIC~ Staff Report DATE: TO: April 18, 2001 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: SUBJECT: Kevin McArdle, Community Services Director Paula Pachon, Management Analyst Ill Approval to Appropriate Funds in the Amount of $42,500 for a Performing Arts Center Feasibility Study Funded by Forest City Development (Account Number 10014015303) RECOMMENDATION It is recommended that City Council appropriate funds in the amount of $42,500 for phase one of a Performing Arts Center Feasibility Study to be funded by Forest City Development. BACKGROUND The City and Redevelopment Agency are currently working with Forest City Development and Lewis Investment Company, LLC for the development of an outdoor, retail shopping district in the eastern portion of the City. As a part of those negotiations, all parties have expressed a desire to explore the possibility of including a performing arts center as an entertainment component of the shopping district. Forest City Development has agreed to fund such a study for phase one work in the amount of $42,500. Specifically the study will analyze demand, evaluate market conditions, explore programming opportunities and consider financing of both construction and operation of such a facility. In order to proceed with the study, staff requests that the City Council appropriate the funds for in the amount of $42,500 for phase one of the Performing Arts Center Feasibility Study to be reimbursed by Forest City Development, Respec su mi e Kevin cArdie Community Services Director htCOMMSERV1Council&BoardstCityCouncil~StaffReporls~Appropfiate Funds PA Funds4. 18.01.dec 171 RAN C HO C UC AM ONGA ENGINEERING DEPARTHENT S tffR% rt DATE: TO: April 18, 2001 Mayor and Members of the City Council Jack Lam, AIGP, City Manager FROM: BY: William J. O'Neil, City Engineer Jerry A. Dyer, Associate EngineerZi0 Richard Oaxaca, Engineering Tec an ~ SUBJECT: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $134,477.42 ($122,252.20 PLUS 10% CONTINGENCY) TO THE APPARENT LOW BIDDER, E.G.N. CONSTRUCTION, INC., FOR THE ARROW ROUTE CROSS-GU'FI'ER REMOVAL WEST OF HELLMAN AND THE HELLMAN AVENUE DRAINAGE IMPROVEMENTS NORTH OF 9TM STREET, TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NOS. 1176303-5650/1221176-0 ($62,437.50) AND 1176303-5650/1264176-0 ($72,039.92) RECOMMENDATION: It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $134,477.42 ($122,252.20 plus 10% .contingency) to the apparent low bidder, E.G.N. Construction, Inc., for the Arrow Route Cross-Gutter Removal West of Hellman and the Hellman Avenue Drainage Improvements Nodh of 9th Street, to be funded from Measure I funds, Account Nos. 1176303-5650/1221176-0 ($62,437.50) and 1176303-5650/1264176-0 ($72,039.92). BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on March 20, 2001, for the subject project. The Engineer's estimate was $134,064.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all responsive bidders to meet the requirements of the bid documents. City Engineer WJO:JAD:RO Attachment EXHIBIT "A" Foothill Boulevard Arrow Route 9th Street Hellman Avenue Drainage BNSF Railway/ldettolink N,T.S. ARROW ROUTE CROSS;UTTER AND HELLMAN AVENUE DRAINAGE IMPROVEMENTS VICINITY MAP 173 BID SUMMARY FOR BID OPENING MARCH 20, 2001 ARROW ROUTE CROSS GUTTER & HELLMAN ENGINEERS COST AVENUE DRAINAGE IMPROVEMENTS ESnMATE UNIT . BID NO QTY UNIT DESCRIPTION COST ~ AMOUNT APPARENT LOW BIDDER E.G.N. Cottstruction, Inc. Gentry Brothers, Inc. UNIT UNIT 6:Z AMOUNT COST AMOUNT .O0 $6.300,00 $28,500.00 $28.500.00 $2.50 $2,825.00 $2.00 $2~260.00 $750.00 $1,500.00 $600.60 $1.200.00 $75.00 $2,25000 $40.00 $1,200.00 $180.00 S4~500.C~ $60.00 $1,500.00 $100,00 $6,000.00 $60.00 $3,600.00 $843 $3,372.00 $6.00 $2,400.00 $750.00 $75000 $400.00 $5,530.00 $4,300.00 $4,300.00 $6,500.00 $4,490.00 $3,400.00 $3,400.00 $3.500.00 $4,4zt0.00 $1,700.00 $1.700.00 $800.001 $918.00 $40.00 $1,080.00 $20.00 $15,120,00 $100.00 $21,600.00 $120.00 $5,264,00 $46.00 $8,648.00 $40.00 $4,720.00 $310,00 $4.960.00 $4C0.00 $4,700.00 $3,000.00 $3,000.00 $1,000.00 $5,900.00 $2.500,00 $2.500.00 $2,000.00 S6A00.00 $2300.00 $2,300.~0 $2,000.00 $1,000.O0 $1,500.00 $1.500.00 $800.00 $84,154.00 I $82,485.00 $9,000.00 $100.00 $10,000.00 $60.00 $13,800.00 $5.16 $4.747.20 $3.00 $4,490.00 $3,500.00 $3.500.00 $3,500.00 $10.400.00 $184.00 $14,720.00 $120.00 $4,720.00 $275.00 $4,400.00 $350.00 $5.000.00 $1,500.00 $1,500.00 $2,000.00 $2.500.00 $900.00 $900.00 $500.00 $49,910.00 $39,767.20 $134,064.00 $122,252.20 Bonadiman-McCain, Inc. COST I ArVlOUNT $31277.00 $6.500.00 $7,000.00[ $7,000.C~ $3,500.00 $soo.oo $540.00 $60.00 $11620.00 $25,920.00 $80.00 $171280.00 $2,000.00 $9,500.(X $9.500.00 $800,00 $1,000.00 $11000.06 $2.760.00 $9.C0 .~81280,0C $3,500.00 $5,000.00 $5.000.0( $9,600.00 $147.00 $111760.0( $5,600.00 $280.00 $41480.0( $2,000.00 $3,000.00 $500.00 $1,300.00 ~11300,0( $29,960.00 .$421020.01 Page 1 BID SUMMARY FOR BID OPENING MARCH 20, 2001 ARROW ROUTE CROSS GUTTER & HELLMAN AVENUE DRAINAGE IMPROVEMENTS UNIT NO QTY UNIT IIESCRIFFION COST I. ] L$ Clearia~ and Grubbina, iuc, large bushes $5,00000 2. ] 130 SF Sawcol and remove PCC x-gutter and drive approach with curb $2,50 3. 2 EA Remove Tree $50000 4 30 TON Construct 6" crushed alzgreaate base $10,O0 5 25 TON Construct 5" AC S150.001 6 60 TON Construct variable AC overlay SI00.001 7. 400 SY Variable cold plane 0 to . Laird Construction Co., Inc. Hillcrest Coreracting, Inc. 4-Con Engineering, Inc. UN1T UNIT AMOUNT COST AMOUNT COST $5.000.00 $14,000,00 $14,000.00 $500.00 $2,825.00 $6.00 $6.780.00 $2.50 $1,000.00 $470.00 $940.00 $550.00 $300.00 $183.00 $5,490.00 $25.00 $3.750.00 $187.00 $4,675.00 $150.00 $6,000.00 $7t.00 $4.260.00 $150.00 $4.000.00 $680 $2.720.00 $25.00 $1,5eo.oo sk400.00l $1.400.00 $350,00 $5,250.00 $5,800.00 $5.800.00 $5,000.00 $3,750.00 $4.200.00 $4.200.00 $3,000.00 $2,000.00 $2,100.00 $2,100.00 $1,000.00 $1,350.00 $32.00 $864.00 $30.00 $23,760.00 $114.00 $24.624.00 $120.00 $6.580.00 $21,00 $3,948.00 $15.00 $8,000.00 $235.00 $3,760.~0 $200.00 $2,250,00 $6,000.00 $6.00000 $1,000.00 $7,50~.00 $3.500.00 $3.500.00 $1,000.00 $2,01B.00 $3,000.00 $3,000.00 $1,850.00 $1.000.00 $1.600.C0 $1,600.110 $675.00 $87,815.00 $99,661.00 ~ $7.500.00 58 $5,800.00 150 $6,900.00 3 $2,760.00 25 $3.500.00 4200 $4,200,00 3000 $14,000.00 142 $11.360.00 180 $7,200.00 230 $3,680.00 200 $3,250.00 3200 $3,200.00 1500 $500.00 5CO $500.00 1200 $42,8~0.00 $31,500.00 9 I EA Canstract 14' CB with LD & gutter transitions incl. removal of curb & gutter $5,25000 I0. I EA glitter $3,750.00 SUBTOTAL PROJECT NO. I I $75.00 $7.50 $3,500.00 $175.00 $450.00 $3.250.00 $500.C0 I 100 TON Construct T' AC Overlay 2 920 SY Cold plane 2" including crack ~eal Construct T CB inlet with LD & gutter Iratuition incl removal of sidewalk 3. I EA and cnrb & gutter Install 18" RCP with pipe support including excavation, backfill, pathale and 4. 80 LF trench repair 5. 16 LF Install 8" CML&W water line including elbow and removal of exLstinR 6 I LS TrafRc control SUBTOTAL PROJECT NO. 2 TOTAL PROJECT NO. I & NO. 1 Page 2 JDC, Inc. UNIT I AMOUNT COST I AMOUNT $500.00 $10.000.00 $10.000,08 $750.00 $70,00[ $2,100.0{3 $9.000.00 . $6,000.0{3 $10,00000 $20.00I $350.OO $1.000.00] $1.000.00 $5,000.00 $6.00000[ S6.000.00 $3.000.00 $5,500.00[ :~5.500.00 $1.000.00 $4,500.00 '$4,500.00 $810,00 $60.00 $1162000 $25.920.00 $95.00 $20,520.00 $2.820.00 $28.00 $5,264.00 $3.200.00 $220,00 $31520.00 $1.000.00 $2.000.00 $t.O00,O0 $3,500.00 $3,500,00 $1,850.00 $4.5C4).00 $4,500.00 $675.00 $1,500.00 $1.500.00 $74,550.00 $961004.0 $15.000.00 $100.00 $10,000,00 '$23,000.00 $10.00 ~9~200.00 $3.000.00 $5,500.00 $14.400.00 $96.00 $71680.0{3 $3,200.00 $220.00 $3,520.~ $i.500.00 $2.000.00 BID SUMMARY FOR BID OPENING MARCH 20, 2001 ARROW ROUTE CROSS GUTTER & HELLMAN AVENUE DRAINAGE IMPROVEMENTS NO QTY UNIT DESCRIeFION SUBTOTAL PROJECT NO. I SUBTOTAL PROJECT NO. 2 TOTAL PROIECT NO. I & NO. 2 PaRe 3 K.A.S. Equipment & Rental, Inc. UNIT COST AMOUNT COST $1,650.00 $1,650.00 $8,000.00 $2.00 $2,260.00 $4.00 $1,200.00 $2,400.00 $1,360.00 $45.00 $1.350.00 $75.00 $67.00 $1.675.00 5136,60 $67.00 $4,020.00 $120.00 $9.00 $3.6C0.00 $9.00 $ , $8,27000 $5.900.00 $7,710,00 $7.71000 $4,700.00 $9,400.00 $9,400.00 $1,800.00 $26.00 $702.00 $58.00 $100.00 $21,600.00 S119.00 $50.00 $9.400,00 $40.110 $510,00 $8,160.00 $540.00 $800.00 $80000 S2.000.00 $3,700.00 $3,700,00 $4,200.00 $4.200,00 $2,400.00 $3.(}(30.C01 $3.~00.03 $2.900.00 $94,847.00 $67.00 $6,700,00 '100 $6,00 $5,520.00 7.5 $7,800.00 $7,800.00 4900 $134.00 $10.720.00 160 S540.00 $8,640.00 250 $3,679.00 $3.679.00 2000 $1,050.00 $1,050.00 1500 $44,109.00 $138,956.00 Miramar Construction, Inc. Norstar Plumbing and Engineering UNIT UNIT ; BID ICORRECTED AMOUNT COST AMOUNT $8,000.00 $3.000.00 $3,000.00 $4,520.00 $4.42 $4,994.60 $2,720.00 $1,500.00 $3,000.00 $2,250.00 $175.00 $5,250.00 - $3,400.00 $220.00 $5.500.00 $7,200.00 $220e0 $13.2B0.00 $3,600.00 $15001 $6.00o.00 $1,8~.00 $8,000.00 $8,000.00 $1,566.00 $210.00 $5,670.00 $25,704.00 $165.00 $35,640.00 $8,640,00 $625.00 $10,000.00 $99,270.00 $145,374.60 $10.~00.00 145 $14,500.00 $6,900.00 13 $11,960.00 $4,900.00 8500 $8,500.00 $12,800.00 200 $16.000.00 $2,000.00 I000 $1 $42,100.00 $62,960.00 $141,370.00 $208,064.60 Withdrew Bid ng Cora Constructors CTED UNIT )UNT COST AMOUNT $41994.60 RA C HO BUIfiDING AND CUCA M ON GA Staff Report DATE: TO: FROM: BY: SUBJECT: April 18, 2001 Mayor and Members of the City Council, and Jack Lam, AICP, City Manager William N. Makshanoff, Building and Safety Official John Thomas, Plan Check Manage~Fire PROFESSIONAL SERVICES CONTRACT FOR FIRE PROTECTION SYSTEMS PLAN REVIEW SERVICES WITH BEARD, PROVENCHER & ASSOCIATES, INC. RECOMMENDATION: It is recommended that the City Council approve the attached contract for fire protection systems plan review services with Beard, Provencher & Associates, Inc. BACKGROUND: The Building and Safety Division continues to experience dramatic increases in commercial building activity in the city. The development community in many situations has gone beyond minimum code requirements and has increased on a voluntary basis the installation of many of these fire protection systems. These voluntary installations and minimum code requirements have increased the demand for fire protection systems plan review services. The attached contract with Beard, Provencher & Associates, Inc. will allow the Fire Construction Services Unit to ensure timely plan review services to developers and contractors. Your consideration and approval of this contract is requested. William N. Makshanoff Building and Safety Official WNM:kem Attachment 177 TH IS AGREEMENT is made and entered into this 23rd day of April, 2001, by and between the City of Rancho Cucamonga, hereinafter referred to as "AGENCY" and Beard, Provencher & Associates, Inc., hereinafter referred to as "BPA". IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Scope of Professional Services The AGENCY and BPA understand and agree that BPA has been retained to provide the AGENCY with fire prevention plan checking services of automatic fire sprinkler systems, as further set forth in "Exhibit A" attached hereto and incorporated herein by this reference. 1.2 Responsibilities of Agency AGENCY shall make available, by either sending them U.S. Mail, UPS, Federal Express, messenger etc. or by directing BPA to contact submitting contractor directly,all records, reports, plans and other documents necessary by BPA to properly perform the services required by the AGENCY. ARTICLE 2 COMPENSATION 2.1 Fee AGENCY agrees to compensate BPA per the fee schedule (2-1-01 ) as set forth in "Exhibit B" attached hereto and incorporated herein by this reference. 2.2 Payment Address All payments to BPA shall be made to: Beard, Provencher & Associates Inc. 22931 Savi Ranch Parkway Yorba Linda, CA 92887 Federal I.D. #33-0210948 Telephone: (714) 283-1100 FAX: (714) 283-1400 2.3 Terms of Compensation BPA will submit invoices with each completed plan check. (Please note each plan check fee includes one recheck.) AGENCY agrees to pay all undisputed invoice amounts within thirty (30)days of the invoice date. AGENCY agrees to notify BPA of any disputed invoice amounts within twenty (20) days of the invoice date. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification (a) The officers, agents, subcontractors, employees, their agents, offices and employees supplied by BPA hereunder will continue to be BPA employees for the purpose of all required payroll deductions and withholdings, legally required Workers Compensation insurance and health benefits and AGENCY shall not be called to assume any liability for the direct payment of such salary, wage or other compensation to any person employed by BPA performing services hereunder for the AGENCY. (b) The AGENCY shall indemnify and hold harmless BPA and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from this contract provided that any such claim, damage, loss or expense is caused by any negligent act, error, or omission of the AGENCY, its employees, officials or agents. (c) BPA shall indemnify and hold harmless the AGENCY and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from this contract provided that any such claims, damage, loss or expense is caused by a negligent act, error or omission of BPA, its employees or agents. 3.2 Workers Compensation BPA maintains Workers Compensation of a form and in an amount asrequired by state law. 3.3 General Liability BPA maintains Comprehensive General Bodily Injury and Property Damage Liability, including Automobile, in the am0untofThree Hundred Thousand ($300,000.00) Dollars, combined single limits per occurrence and annual aggregate. 3.4 Notice of Cancellation BPA agrees to provide ten (10) days written notice to AGENCY prior to cancellation of any 2 insurance policy above. ARTICLE 4 TERMINATION 4.1 Termination of Contract This Agreement may be terminated by either party at any time with or without cause upon thirty (30) days written notice. In the event of termination by AGENCY, BPA shall be entitled to compensation within thirty (30) days of submittal of invoice for all costs incurred and fee earned for services performed to the date of termination and/or cancellation. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents All plans, specifications, reports and other design documents provided forplan check by AGENCY shall be deemed the property of the AGENCY. In the event AGENCY and BPA permit the reuse of any plans, specifications, reports, design documents previously plan checked for another project, AGENCY shall require the party using them to indemnify and hold harmless AGENCY and BPA for any results, consequences, acts, omissions, or occurrences in any way connected with such reuse or other use, and AGENCY shall require the party using them to eliminate any and all references to BPA from the plans, specifications, reports and other design documents. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation An AGENCY representative shall be designated by the AGENCY and a BPA representative shall be designated by BPA as the primary contact person for each party regarding performance of this Agreement. AGENCY Representative BPA Representative William N. Makshanoff James W. Beard, President Building and Safety Official Beard, Provencher &Associates, inc. 6.2 Non-Discrimination In the performance of the terms of this Agreement, BPA shall not engage in discrimination in the employment of persons because of race, creed, color, religion, national origin, age, physical handicap, marital status or sex. 6.3 Leaal Action Should either party to this Agreement bring legal action arising out of this agreement against the other, the caseshall be litigated, tried or otherwise heard in Orange County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 6.4 Assignment This Agreement shall not be assignable by either party without the prior written consent of the other party. 6.5 Extent of Aareement This Agreement represents the entire and integrated Agreement between AGENCY and BPA and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. DATE: ~ '/~ ' ~ / Beard, Provencher &Associates Inc. By: T~deWr;tBeard DATE: City of Rancho Cucamonga By: Title: 4 EXHIBIT A BPA shall provide to AGENCY fire prevention plan checking services as needed and directed by AGENCY. Services shall include: 1. Upon receipt of one complete set of plans and hydraulic calculations BPA will review them for compliance with all applicable codes. Upon completion of review, if there are any comments, a Plan Check Comment sheet will be faxed to the contractor and the Agency representative. Comment sheet will direct the contractor to resubmit directly to BPA. Upon recommendation of approval, approved plans and hydraulic calculations will be stamped by BPA "Approved as Submitted" and returned to Agency 3. BPA will make and keep in their office one xerox copy of each set of plans, hydraulic calculations and punchlist for each submittal. BPA agrees to complete the plan check review process and return plans to AGENCY by U.S. mail, UPS, Federal Express, messenger or such other means, within ten (10)working daysoftheirreceiptfromAGENCY. Anydelayduetoobtainmentofadditional information, illness, etc. shall be discussed with AGENCY representative. 5. BPA, at their discretion, may contact designer directly for clarification and shall notify AGENCY in writing of results of said contact. m If needed, BPA agrees to meet with an owner, developer, and/or contractor in AGENCY's office, if AGENCY determines said meeting is necessary. Fees for any such meeting shall be discussed and agreed to prior to any meeting. 1 2. EXHIBIT B PLAN CHECK FEE SCHEDULE Automatic Fire Sprinkler Systems February 1, 2001 Value is based on $1.50 per square foot of building. VALUE OF FIRE SPRINKLER INSTALLATION PLAN CHECK FEE VALUE OF FIRE SPRINKLER INSTALLATION PLAN CHECK FEE $30,000 $250.00 $105,000 $415.00 31,000 253.00 110,000 423.00 32,000 256.00 115,000 431.00 33,000 259.00 120,000 439.00 34,000 263.00 125,000 447.00 35,000 265.00 130,000 455.00 36,000 268.00 135,000 463.00 37,000 271.00 140,000 471.00 38,000 274.00 145,000 480.00 39,000 277.00 150,000 488.00 40,000 280.00 155,000 496.00 41,000 283.00 160,000 504.00 42,000 286.00 165,000 512.00 43,000 288.00 170,000 520.00 44,000 291.00 175,000 528.00 45,000 294.00 180,000 536.00 46,000 297.00 185,000 545.00 47,000 300.00 190,000 553.00 48,000 303.00 195,000 561.00 49,000 306.00 200,000 569.00 50,000 309.00 205,000 577.00 55,000 319.00 210,000 585.00 60,000 328.00 215,000 593.00 65,000 338.00 220,000 601.00 70,000 348.00 225,000 610.00 75,000 358.00 230,000 618.00 80,000 368.00 235,000 626.00 85,000 378.00 240,000 634.00 90,000 388.00 245,000 642.00 95,000 398.00 250,000 650.00 100,000 406.00 Above 250,00 see UBC Minimum Charge is $250.00 THE CITY OF RANCHO CUCAMONGA Staff Report DATE: April 18, 2001 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buffer, City Planner BY: Salvador M. Salazar, AICP, Associate Planner SUBJECT: NOTICE OF ASSIGNMENT OF DEVELOPMENT AGREEMENT No. 00-02 FROM UCP, INC. TO RANCHO ETIWANDA 685, LLC. - The development agreement was approved by the City Council on August 16, 2000, for property generally located north of SR-30, east of Day Creek Channel, west of Hanley Avenue, and south of the westerly prolongation of 25th Street. RECOMMENDATION: The City Attorney and the Planning Division staff have reviewed the proposed transfer request and recommend that the City Council consent to the transfer. BACKGROUND/ANALYSIS: On August 16, 2000, the City of Rancho Cucamonga (City), County of San Bemardino (County), and UCP, Inc. (Owner and Developer) entered into a conditional settlement agreement for the construction and development of a residential development with up to two commercial areas. Section 1C (Assignment) of the Development Agreement requires the property owner to notify the City, no less than sixty (60) days before any such transfer, in the event the development agreement is assigned (transferred) to a third party (any person, partnership, joint venture, firm or cooperation) (See Exhibit "C"). Further, the notice of the transfer shall also contain all material terms and information regarding the contemplated transfer. On April 3, 2001, the City of Rancho Cucamonga Planning Division and City Attorney received a letter and related materials from the property owner declaring their intent to transfer the Development Agreement to Rancho Etiwanda 685, LLC (See Exhibit "B"). Respectfully submitted, Brad Buller City Planner Attachments: Exhibit 'W' - Vicinity Map Exhibit"B"-Developer's Attomey letter requesting consent Transfer of the Development Agreement Exhibit "C" - Pages 3 and 4 of Development Agreement 00-02 LEGEND SINGLE FAMILY (7,200 SF = MINIMUM LOT SIZE) pUBLIC (PARK & ELEM. SCHOOL) COMMERCIAL RANCHO ETIWANDA ADOPTED UNIVERSitY PLANNED DEVELOPMENT GRESHAM, SAVAGE, NOLAN & TILDEN, LLP VIA HAND DELIVERY Sal Salazar City of Rancho Cucamonga Planning Division P. O. Box 807 Rancho Cucamonga, CA 91729 April 3, 2001 oily RACYCliO CUC Pt? 0 4 2001 Development Agreement 02-02 Between the City of Rancho Cucamonga and UCP, Incorporated On behalf of UCP, Incorporated, a party to Development Agreement 00-02, which whs adopted by the City of Rancho Cucamonga City Council on August 23, 2000, and pursuant to Paragraph C of Section 1 of the Development Agreement, UCP hereby makes application to the City for consent to the transfer of the Development Agreement from UCP, Inc. to Rancho Etiwanda 685, LLC, a Delaware limited liability company, a related entity. Paragraph C of Section 1 of the Development Agreement, entitled "Assignment" provides that UCP "shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer the project site, in whole or in part, to any person, partnership, joint venture, firm or corporation at any time during the term of this Development Agreement." Further, that provision provides that UCP shall notify the City before any such transfer and shall provide documentation to the City which includes the identity of the transfeme and the material terms of such contemplated transfer. Enclosed herewith related to this request are the following documents: 1. Letter dated March 28, 2001 from Brace Cook, attorney for UCP, Limited Liability Company Operating Agreement of Rancho Etiwanda 685, LLC, Agreement of Purchase and Sale of Real Property between UCP, Inc. and Rancho Etiwanda 685, LLC. As is clear from review of the documents, these are related entities as principals of UCP, Inc. will be principals of the new corporation. Based thereon, it appears that the City' s consent should be readily granted in this matter and we request that this matter be brought Riverside Office · 3403 Tenth Street, Suite 518, Riverside, CA 92501 · (909) 684-2171 * Facsimile (909) 684-2150 Victorville Office · 14350 Civic Drive, Suite 120, Victorville, CA 92392 · (760) 243-2889 * Facsimile (760) 243-0467 GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Penelope Alexander-Kelley Mr. Bruce Eileff February 28, 2000 Page 2 before the City Council as soon as possible. By copy of this letter to Jim Markman, City Attorney, we are advising him of our request. NOLAN & TILDEN, LLP PAIGlr Enclosures c.c. Bruce Elieft (w/o enc.) Jim Markman, Esq. (w/enc.) VOSS, COOK & THEL LLP ATTORNEYS AT LAW B95 DOVE STREET, SUITE 450 NEWPORT BEACH, CALIFORNIA 92660-2998 TELEPHONE (949) 435-0225 FAX (949) 435-0226 E-MAIL: ~nfO~vCtlOw. COm WEB SITE: http://www.vcTIQwcom BRUCE V. COOK Direct (9a,9) 435-4307 E-marl: bcook@vctlaw.com March 28, 2001 02506.086 City Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Attorney City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Rancho Etiwanda Project Dear Sir or Madam: This letter is written in connection with the Development Agreement entered into between the City of Rancho Cucamonga and UCP, Inc., dated November 29, 2000, which was recorded on December 22, 2000 in San Bernardino County as Instrument No. 2000472811 (the "Development Agreement"). The purpose of this letter is to notify the City of Rancho Cucamonga of the impending transfer of the real property that is the subject of the Development Agreement from UCP, Inc. to Rancho Etiwanda 685, LLC, a Delaware limited liability company ("RE 685 LLC"), and to request the consent of the City to the assignment of the Development Agreement in connection with such transfer. Although the Development Agreement does not require the City's consent to the transfer, the Development Agreement does provide for a sixty (60) day notice period if consent is not obtained. We would like to avoid the sixty (60) day notice period by obtaining the CityIs consent to the transfer. City Planning Department City Attorney March 28, 2001 Page 2 This office represents both UCP, Inc. and RE 685 LLC. For your information, control of the Project will not change by reason of the transfer from UCP, Inc. to RE 685 LLC. The majority shareholders of UCP, Inc. are Bruce Elieft and Todd Kurtin, and Bruce Elieft and Todd Kurtin are the sole members of RE 685 LLC. Enclosed, in connection with the foregoing request, are copies of the Limited Liability Company Operating Agreement of RE 685 LLC and the Agreement of Purchase and Sale of Real Property between UCP, Inc. and RE 685 LLC, with certain provisions excised. Should you have any questions regarding this transfer, I would appreciate it if you would contact me at your earliest convenience so that I can address your questions. Thank you. Very truly yours, Bruce V. Cook BVC:j Enclosures cc: Mr. Bruce Elieft (w/o enclosures) SunCal/UCP/Project/L-CityPlarming;Attomey Section 1. GENERAL PROVISIONS A. Effectiveness of Develonment A~reement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shah only become operative and the rights and obligations of the Parties shall only arise, ff all of the following have occurred before March 01, 2001, unless that date is mutually extended in writing by Property Owner and the CITY: (i) The Project. Site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not then subject to judicial challenge; and (ii) The Parties have performed all of their respective obhgatious under the Settlement and Pre-Annexation Agreement, B. Term The term of this Development Agreement shall commence on the effective date of the enacting . Ordinance and shall extend for a period often (10) years thereafter (the "Term"), unless this Development Agreement is tenulnated, modified or extended by circumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extension attributable to the "force mejeure" circumstances described in Section 2D5 hereof or by mutual written consent of the Parlies. Following the expiration of the Term, this Development Agreement shall be deemed termlna~d and of no further force and effect; provided, however, that such termination shall not affect any fight or duty arising f~om project entifiements granted prior to, concurren~y with, or subsequent to the approval of this Development Agreement and the streetores that are developed in accordance with this Development Agreement and the use of those structures shah continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming sWacmres and that those uses continue to be legal conforming uses. C. ~Assi~nment Subject to the terms of this Development Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, '"Transfer") the Project Site, in whole or in part, to any person, partnership, joint venture, firm Or corporation at any time during the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owner is in Default, as defined in Section 3C hereof, of any of the terms of this Development Agreement when the Transfer occurs. If all or a portion of the Project Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the lransferor with respect to any portion of the Project Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or'Wansfewr, as applicable, but shall not be deemed to be a breach hereunder against other pasous then owning or holding any interest in any other portion of the Project Site and not themselves in breach under this Development Agreement. Any alleged breach shall be governed by the provisions of Section 3C hereof. In no event shah the reservation or dedication of a poaion of the Project Site to a public agency cause a transfer of duties and obligations under this Development Agreement to such public agency unless specifically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the inslnanent of conveyance used for such reservation or dedication, or other form of agreemsnt with such public agency. Property Owner shah notify the CITY not less than sixty (60) days before any such Transfer, and such notice shah contain all material information regarding the contemplated Transfer, including but not limited to the identity of the Innsfcree, and the material terms nfsuch contemplated Transfer. D. Amendment of Agreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisiom of Government Code Sections 65867 and 65868. Notwithstanding anything stated to the contrary in this Development Agreement, the Parties may enter into one or more implementing agreements, as set forth below, to clarify the intended application or interpretation of this Development Agreement, without amending this Development Agreement. Property Owner and the L:ITY acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owner and the CITY and that, in the come of the development of the Project Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parlies. If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, without amencling the Development Agreement, the Parties may do so through one or more implementing agreements (the "Implementing Agreement"), which shall be executed by the Community Development Director of CiTy (the "Community Development Director") and by an authorized representative of Property Owner. After execution, each Implementing Agreement shah be attached as an addendam and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary. Such Implementing Agreement shall not require the approval of the City Council of the CITY and shah only be executed by the Community Development Director (on behalf of the CITY), if the Community Development Director has determined that such implementing agreements are not materially inconsistent with this Development Agreement, and the applicable Or.'llnnnceS, ruleS, reglllations and official policies of the CITY in effect at the time of execution of this Development Agreement. Any changes to this Development Agreement which would impose additional obligations on the Crl'Y beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purport to change land use designations apphcable to the Project Site under the Revised University Project Entitlements, shall be considered "material" and require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868. Section 2. PLANNED DEVELOP~ OF THE PROJECT A. Land Use Entitlements The land use entifiements approved by the County are depicted on Exln'bit "B". The Parties acknowledge that, without being obligated to do so, Property Owner plans to develop the Project Site in substantial conformity with the Revised University Project Entitlements as mended by this Development Agreement. During the Term, the permitted uses for the Project, or any portion thereof, the density and intensity of tree, zoning, maximum height and size of proposed bullclings, bnlldmg and yard setback requirements, provisions for reservations or dedications, design and performance standar& and other terms and conditions of development of the Revised University Project, shall be those set forth in the Revised University Project Entiflements us amended by this Development Agreement. The specific terms of this Development Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Revised Un/vemity Project Entitlemants. The Parlies acknowledge and agree that the total number of hits in the approved tracts total 685 lots and that lots may be shifted between tracts without increasing the overall nnmher of lots and be in substantial conformity with the Revised University Project Entillemants as amended by this Development Agreement. The CITY Planner shall exercise his reasonable discretion to review transfers of lots between iracts and ranlee the determination of substantial compliance. Other certain specific modifications of the Revised University Project Entitlements to which the Parties agree are set forth below. All Exhibits attached hereto coustintte material provisions of the Development Agreement, and are incorporated herein. THE CITY OF CUCAMONGA Skif Report DATE: TO: FROM: BY: SUBJECT: April 18, 2001 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Senior Civil Engineer REQUEST FROM CALTRANS TO OPEN INTERCHANGE THE SR-30 (210) / 1-15 RECOMMENDATION: It is recommended that the City Council approve Caltrans' request to open the SR-30 (210) /1-15 Interchange, which would re-affirm the recommendation of the Route 30 (210) Ad Hoc Task Force to open said interchange. BACKGROUND/ANALYSIS: Caltrans has made the request to open the SR-30 (210) / 1-15 Interchange. The 1-15 Interchange project was designed by Caltrans as a project separate from Route 30 (210). Construction on the interchange began in 1998. In the City of Rancho Cucamonga the project extends from the 1-15 to Etiwanda Avenue. Since the interchange construction commencement, SANBAG has completed construction of Segment 5 on Route 30 (210) mainline from Rochester Avenue to Etiwanda Avenue. In addition, six lane Day Creek Boulevard from Base Line Road to the Route 30 (210) has been completed. City staff has been working with Caltrans, SANBAG and the City of Fontana on this issue. The logical and best alternate for the interchange terminuses are Sierra Avenue in Fontana and Day Creek Boulevard in Rancho Cucamonga. This alternate would take traffic through our City, to and from the 1-15 Interchange, along the newly constructed Segment 5 mainline and the six-lane Day Creek Boulevard to Base Line Road. The Base Line Road / 1-15 on/off ramps would be relieved. Also, traffic to and from norlh Etiwanda would be relieved along Etiwanda and Summit Avenues. In addition truck traffic from the rock crusher can access the interchange at Day Creek Boulevard rather than using Base Line Road. The Route 30 (210) Ad Hoc Task Force considered this issue on March 20, 2001. CITY COUNCIL STAFF REPORT ROUTE 30 (210) / 1-15 INTERCHANGE April Page 2 The Route 30 Ad Hoc Task Force, Caltmns, SANBAG, the City of Fontana and the City of Rancho Cucamonga's staff agree that the SR 30 (210) / 1-15 Interchange should be opened based on the aforementioned reasons, and that the terminuses for the interchange should be Day Creek Boulevard and Sierra Avenue. Respectfully Submitted, Willi~J.'O'Neil City Engineer WJO:MO:dlw RANCHO CUCAMONGA COMMUNITY DATE: TO: BY: SUBJECT: April 18, 2001 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director Joe O'Neil, City Engineer Karen McGuire-Emery, Senior Park Planner Paula Pachon, Management Analyst III Parks, Recreation Facilities and Community Services Update BACKGROUND In accordance with the City Council's request to become more informed of park and recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIES UPDATE La Mission Park: · Construction is going well. Sports Complex: · Flouresco completed changing out the bulbs at the stadium and also completed re-aiming the lights. · U.S. Sports Netting completed the sports netting installation project on the Little League field. Mt. View Park: · Students from a local elementary school hell~fd City Maintenance Workers plant four Magnolia trees in celebration of Arbor Day on March 8t B. COMMUNITY SERVICES UPDATE CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNII'Y SERVICES UPDATE APRIL 18, 2001 Seniors: The 7th Annual Senior Fine Ads Show was held at the Senior Center on Saturday, April 7, from 10:00 a.m. to 5:00 p.m. This non-juried art competition featured 73 high quality entries in the following categories: oil/acrylic, watercolor/pastel, mixed media sculpture, photography and graphite. Participation in the show was open to all seniors age 50 and over. The show included art works, demonstrations, refreshments and entertainment. The two top pdzes from the competition, Best of Show and People's Choice, was won by Manuel Sanchez of Rancho Cucamonga. The winning piece was a mixed media entry entitled Self portrait. Spring Fling. Thursday, April 19t~, 10:00 a.m. Come to the Senior Center and help celebrate the annual spring event with musical entertainment, refreshments and games. The Center's own popular Chris Hodnick will be the featured musical performer. An Easter Bonnet Parade will follow. This event is co-sponsored with the VIP Club. Cinco de Mayo Celebration, Friday, May 4th, 10:00 a.m. Come and enjoy a fun morning celebrating Mexican heritage and fun. Traditional refreshments will be served. Entertainment will include Folkloric Dancers and Mariachi music. A Renaissance Fair will be held at the Senior Center on Tuesday, May 8u~, at 10:00 a.m. Travel back in time to the days of Lords and Ladies in the Renaissance Age. Enjoy great entertainment, authentic food and drink. This raucous event will feature numerous performers in pedod costumes performing period speech. It will be a day to remember. The VIP Club will hold their annual Parking Lot Sale at the Senior Center on Saturday, April 28th, from 7:00 a.m. to 11:00 a.m. Lots of bargains and hidden treasures can be found. This is a fundraising event for the VIP Club, Mothers Day Brunch, Saturday, May 12*h, 1:00 a.m. to 2:00 p.m. The Senior Center will be hosting a special luncheon to honor those mothers and grandmothers that are unable to share this special day with their own sons or daughters. The next meeting of the Senior Advisory Committee will be held on Monday, April 23% at 9:00 a.m. Several Committee members had the opportunity of representing Rancho Cucamonga as delegates to the 1st Annual Nell Soto Senior Summit on March 30th, in San Bernardinc. Efforts are on-going in the Committee's attempt to obtain funding for a new Senior Center. The Center will be conducting a unique free Senior indoor Bowling Tournament for men and women, at the Senior Center on Thursday, May 3% at 2:00 p.m. Working in partnership with Brunswick Deer Creek Bowling Lanes, there will be three carpeted alleys set up in the Senior Center, using plastic bowling balls and pins. Trophies will be provided to the winners by Brunswick. Space will be limited to 36 bowlers. Human Services: ChiroDractic 101, April 3% at 1:00 p.m. Dr. Rafael Rios will be presenting a free workshop on the benefits of chiropractic care. The workshop will include a "hands on" demonstration to teach the audience how to reduce stress at home. -2- Cl'ff COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE APRIL 18, 2001 Better Breathers Club, 1:00 p.m. on the 4m Wednesday of the month. Sponsored by the American Lung Association, this program offers a support group and resources to those who are suffering from respiratory problems. The next meeting will be on April 28m. Dr. Anita Kundi, M.D. will provide a free Women's Wellness lecture on menopause, May 22"d, at 1:00 p.m. at the Senior Center. Senior Job Fair 2001 - The Senior Center will be hosting a Job Fair for the senior citizen population who are seeking to go back into the workforce. The fair will include organizations that can provide free training workshops, on site interviews and mentors to assist individuals who are seeking assistance in running a business. The fair will be held on Saturday, June 23rd, from 9:00 a,m. until 2:00 p.m. Trips and Tours: · Balboa Park and Old Town San Diego, April 21, 2001. Enjoy as many as 12 museums and some of the most beautiful gardens in Southern California. Take 3 hours to see this amazing jewel of San Diego. There is at least one museum for any interest. Then we're off to histodc Old Town San Diego to enjoy the sights, shopping, and lunch on your own. Cost is $26 per person. D.eparts at 8:00 a.m. and returns at 6:00 p.m. ! · Bell Gardens and Bates Nut Farm, Saturday, May 5, 2001. Join us as we tour a 115-acre working farm and enjoy a hayride. Box lunch included. We'll then go to Bates Nut Farm for some shopping. Strawberry Festival, May 19, 2001. What better way to spend a May afternoon than at the Strawberry Festival in Oxnard. Enjoy fabulous food, wine, arts and crafts, fantastic musical entertainment, and of course, strawberries prepared every way you can imagine. Newport Harbor Cruise, June 23, 2001. Join us for a cruise in beautiful Newport Harbor. But first we'll have a fabulous lunch at Tale of the Whale Restaurant. We'll then climb aboard the sightseeing vessel and cruise around Newport Harbor and see some of the most spectacular homes and private yachts on the West Coast. Volunteer Services: · The Citywide Volunteer Recognition Program will be held on April 29th, from 2:00 p.m. to 4:00 p.m. at the Ontado Doubletree Hotel. Staff is involved in arranging numerous details of the event. There are a total of 1,800 city volunteers invited to this event. Of those volunteers, almost 1,100 are from the Community Services Department. In addition, the City will again honor those volunteers who have provided at least 1,000 hours of service as "Grand Volunteers". The Community Services Department will be represented by 27 Grand Volunteers this year. · The table on the next page summarizes Departmental volunteer usage for the month of February 2001. -3- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE APRIL 18, 2001 MONTH: February 2001 YEAR TO DATE # Volunteers # of Hours $ Value* # Volunteers # of Hours $ Value* Administration 5 10 $140 5 10 $140 Sports 329 8,002 $112,028 395 8,355 $116,970 Senior & Human Services 56 329 $ 4,606 107 542 $7,588 Special 7 14 $196 7 28 $392 Even~ Youth 10 59 $826 25 144 $2,016 Programs 407 8,414 $117,796 551 9,089 $127,246 *Dollar value based on $14.00 per hour. Teens: A Career Fair took place at the Family Fitness Center on Maroh 29"~ . The event offered high school students an opportunity to explore many different professions. Students were given an opportunity to obtain useful information about their possible future careers. The event had over 400 students attend from the local high schools to view over 50 professional vendor booths. The event was Co-sponsored by Alta Loma, Etiwanda and Rancho Cucamonga High Schools. Local teens were offered an opporrtunity to participate in an all night "who-dun-it" mystery at the Teen Center on Maroh 30t". The Cucamonga Caper began at 9:00 p.m. with games, pool, Nintendo, movies and more. At the stroke of midnight the mystery began when all the lights went out and the mystery lurked in the darkness. Fifty teen private eyes participated in the event. Professional skaters will display tricks and provide teens an opportunity to ask questions concerning skate gear and how to perform tricks at the Department's next skate demonstration and safety clinic that is scheduled for May 12, 2001. A Job Skills Workshop will be available for teens on Saturday, April 21St, from 10:00 a.m. until 12:00 noon. Teens will have an opportunity to learn how to look for a job, how to complete job applications, write a resume, learn to interview, and how to dress for an interview. · Computers in the homework study room located within the RC Family Sports Center are currently being updated with more memory in order to handle Internet access and the variety of -4- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE APRIL 18, 2001 educational programs for the teens. The ISP Server will be installed this week and ready to go for the students. Teen Center staff will be trained to access the system and ways to assist students in finding information for their homework assignments. Youth Activities: The new Mobile Recreation program, dubbed Fun on the Run, is in the final stages for a start date in middle April. Staff has been hired for the program and all the materials needed are loaded and ready to go. Staff will be trained in early April on how to operate a vehicle towing a 5,000-pound trailer. Once the Library Bookmobile is ready for service in late April or early May, the Mobile Recreation program will join the library in bringing exciting new programs to the community. Playschool instructors are currently implementing the YES grant fire safety curriculum. Rancho Cucamonga Fire Department staff has trained Playschool instructors to implement their Risk Watch Safety program. The Risk Watch Safety program pertains to fire safety, poisons, safety belts, helmets and drowning safety. Information for all these components will be given to the children and their parents. The program is being well received by the children and the parents. Playschool staff is getting ready for graduation day on May 31, 2001. Staff is in the middle of planning a glorious graduation celebration for 200 preschoolers in the Playschool program. · Staff is gearing up for the Summer Programs. Camp Cucamonga consists of Kinder Camp for children ages 4 - 6 and Day Camp for youngsters ages 6 -12. Our summer camp programs will run from June 25 through August 24% Grants: The Youth Enrichment Services (YES) grant is scheduled to open its first resource technology center in late April at the Mulberry Center, Many differant programs are already scheduled for the community such as: Parenting and the Internet, Accountability Counts, Preventing Fire Emergencies, Feeding a Preschooler, Avoid Crime When Traveling and How to Obtain Information for Children 0 to 5. Staff is currently working with library staff to ~nalize their services for the resource technology center. The Teen Connection grant is moving forward. Staff is in the final hiring process for the program specialist position for the grant. Final planning by staff to implement the program into the high schools is near completion. The high schools are excited about this program and look forward to having a city staff member on their campus each week. Non-Profit Sports Organizations: Bi-annually, the Community Services Department, through the Sports Advisory Committee allocates sport fields for non-profit organized youth sport leagues throughout the City. For the pedod of February/March 2001,419 teams; 72,840 participants; and 81,756 spectators were accommodated through this process. -5- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE APRIL iS, 2001 Youth Sports: · The table below summarizes youth sports activities for the reporting period: Track &Field 150 6-15/boys &girls N/A Basketball Camp 60 6-13/boys & girls N/A Roller Hockey 200 6-15/boys & gids 22 Pee Wee Soccer 360 3-5/boys & gids 36 Track Meet 200 6-15/boys &gids N/A RC Family Sports Center: · Activities at the Sports Center for the reporting period are summarized in the table below: Basketball 120 Adult/Males 10 3-on-3 Basketball 35 Adult/Males 7 Racquetball 12 Adult/Males N/A Volleyball 64 8-13/Boys & Girls 8 The table below provides drop-in/open Dlay participation at the Center for the reporting period: Adult Basketball 922 Youth Basketball 1,152 Adult Racquetball 523 Youth Racquetball 87 Adult Volleyball 41 Youth Volleyball 20 Jazzercise 1,088 Adult Sports: · The table below summarizes adult sports activities for the reporting period: Softball 2, 144 Flag Football 224 Soccer 688 Tennis 38 Adult/Males 134 Adult/Males 14 Adult Males & Females 43 Adult Males & Females N/A The table on the next page summarizes the number of softball tournaments at the Rancho Cucamonga Epicenter and Sports Complex between April-July, 2001: -6- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE APRIL 18, 2001 April 4 May 4 June 5 July 4 Community Wide Special Events: Kids Fest, will be held at Red Hill Community Park on Saturday, April 14, 2001, from 10:00 a.m. until 12 noon. This fun-filled program is free to the public and offers community members a huge fun zone, fun crafts, candy and a visit from Peter Cotton Tail! The Rancho Cucamonga Family YMCA will be a part of the event with a booth featuring interactive health care activities for children and their parents. Out Teen Recreation Activity Club (TRAC) will be providing their snack booth at the event. (At the time this report was prepared this event had not yet taken place. Details concerning this event will be reported on in our May report to City Council. ) Cinco De Mayo - The City is collaborating with North Town Housing Development on this event. It will be held on Saturday, May 5, 2001, from 11:00 a.m. until 5:00 p.m. at Old Town Park. This event will be filled with entertaining performances and lots of fun for the family to enjoy. · Other upcoming events include: the 2nd Annual Fourth of July Fireworks Spectacular, Farmers Market, Movies in the Park and Concerts in the Park. Performing Arts: Our classes and workshops, including the Vocal Expression and Performance class, Television Commercial workshops and Multi-Media Art classes are gearing up for the Spring 2001 session. The number of participants enrolled in this session has already exceeded the numbers from last session. We still have time for more students to enroll before the classes begin. The buzz is getting Iouder about the professional youth theater production of "Annie". The auditions are set for June 16, 2001, at 10:00 a.m. in the Alta Loma High School Theater. They are open to all youth, ages 8 to 18. Immediately after youth are cast for part, rehearsals begin, with performances occurring in August 2001. Individuals who are cast in the show will pay a $50 participation fee to be a part of this exciting event. Park Facilities: · The table below and on the next page provides information on park reservations for the month of April 2001: Shelter Location ~:Attendance: '!Number of Number of Hours of Use Applications Rentals Processed Red Hill 1,299 13 Resident 19 78 Community Park 6 Non-Resident -7- CiTY COUNCIL PARK, RECREATION FACILITIES AND COMMUNII'( SERVICES UPDATE APRIL 18, 2001 !'~"~l:r,~Location Heritage Community Park Hermosa Park Coyote Canyon Park Civic Center Courtyard Red Hill Amphitheater Total Attendance 316 ~ 200 140 300 1,345 3,550 Number of ~. Number of Applications Rentals Processed 8 Resident 9 35 1 Non-Resident 6 Resident 6 25 0 Non-Resident 3 Resident 4 16 1 Non-Resident 1 Resident 1 12 0 Non-Resident 3 Resident 3 12 0 Non-Resident 34 Resident 42 221 8 Non-Resident Hours of Use Heritage Park Equestrian Center: · Eauestrian Center usage for the months of April/May 2001 is shown in the table below: Citizen's Patrol April 21 st 4-H April 28th Alta Loma Riding Club May 3m Rising Stars of Equestrian May 6th Therapy Alta Loma Riding Club May 15th Sensitivity Training/8am-5pm Home Mastership TestJ8am-5pm Board Meeting/7pm-10pm Dressage Show/8am-5pm General Meeting/7pm-10pm Park and Recreation Commission: The Commission did not meet during the month of March to allow Board Members and staff to attend the annual California and Pacific Southwest Recreation and Park Training Conference held this year in Sacramento. · The Commission's April meeting will be held on April 19th. At this meeting the Commission will discuss the following items: City Council updates. Update and establishment of future agenda items for the Senior Advisory Committee. Update and establishment of future agenda items for the Sports Advisory Committee. Annual discussion of trails priorities. Review of Community Services Department's Annual Program Report for fiscal year 1999-2000. Discussion regarding the 2001 California and Pacific Southwest Recreation and Park Training Conference held March 14-17, 2001, in Sacramento. -8- CiTY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE APRIL 18, 2001 Rancho Cucamonga Community Foundation: · The following items were discussed at the Foundation's April 10, 2001 meeting: > Discussion regarding the Founder's Gala 2001. > Action Plan and Goals Workshop. The Foundation is still recruiting for two positions on the Board. Comn tted ~lcArdle ~unity Services Director City Engineer htCOMMSERV1Council&BoardsiCityCouncillStaffReportslupdate4. 18.01.doc -9- CHO CUCAMONGA ENGINEERING DEPARTMENT April 18, 2001 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Karen McGuire-Emery, Senior Park Planner RENAMING OF LA MISSION PARK RECOMMENDATION It is recommended that the City Council review the information presented and direct staff to formally change the name of La Mission Park to Ralph M. Lewis Park. BACKGROUND Ralph M. Lewis, founder of Lewis Homes Development Company. played a major role in the history and development of Rancho Cucamonga. It is due to the significant contributions that he made, as developer of the Tetra Vista Planned Community, that the City Council would like to recognize him and name a park in his honor. La Mission Park, which is currently under construction, is the last park scheduled for development in Terre Vista. It is therefore suggested that the name of La Mission Park be changed to Ralph M. Lewis Park, and that a plaque be placed at the site in his memory. R~d~mJ ' i~r~ed'~/~ · O'Nei City Engineer RA NC H O CITY MANAGEI~' CUCA MONGA TO: FROM: DATE: SUBJECT: Mayor and members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager April 18, 2001 CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH CAL STATE SAN BERNARDINO TO PROVIDE PROGRAMMING FOR CITY'S PEG CHANNEL California State University San Bernardino has received funding to develop, produce and broadcast television programming of a regional and of an educational nature. In order to distribute this programming, the University is seeking to form a network with the cities in the region that have a PEG channel. The concept will be for each city to allocate a block of time from 7:00 p.m. until 11:00 p.m. to broadcast programming produced by the University. The type of programming that the University is contemplating would be local news, economic development, local issues, and college telecourses or distance learning. The University understands the necessity of providing appropriate programs for use on PEG channels. To help guide the direction of the network an advisory board would be formed with a representative from each participating city. Advisory board members would be able to request advance copies of programs proposed to be aired. In addition, each city would be able to supercede the network broadcasts to run locally originated programs such as live broadcasts or rebroadcasts of city council meetings or other events. Should the City have any difficulty with the way in which the network is being operated or the type of programming being produced, we may unilaterally withdraw from the network with 90 days notice. The University is not seeking any funds for this venture; they have secured the necessary funds and are only seeking broadcast time on our PEG channel. The Cable Television Subcommittee has reviewed this proposal and feels that this would be a good opportunity to provide additional local programs for our residents while providing adequate safeguards that the programming in question will be appropriate for our PEG channel. The main media outlets in Los Angeles largely ignore the Inland CONSIDERATION OF A MEMORANDUM OF UNDERSTANDINGWITH CAL STATE SAN BERNARDINO TO PROVIDE PROGRAMMING FOR CITY'S PEG CHANNEL April18,2001 Page 2 Empire and this proposed venture would provide local coverage while at the same time providing educational opportunities for our residents and students of the University. It is recommended that the City Council approve this Memorandum of Understanding. ~' ~,~~__ -- Duane A. Baker Assistant to the City Manager attachment -2- MEMORANDUM OF UNDERSTANDING BETWEEN CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO AND [CITIES] WHEREAS, the Cities of (hereinafier the CITIES) each operates a Public, Education and/or Government channel via its local cable franchise; and WHEREAS, the CITIES would like to provide the public with more locally originated programming focusing on regional interests and concerns via their Public, Education and/or Government channels; and WHEREAS, California State University, San Bemardino (hereinafter the UNIVERSITY) wishes, as part of its public service mission, to offer relevant informational and educational television programming to the public in the greater San Bemardino Valley area; and WHEREAS, the CITIES and the UNIVERSITY desire to enter into this Memorandum of Understanding (hereinafter the AGREEMENT) whereby the UNIVERSITY will direct and coordinate the production and transmission of programming, including --but not limited, business, community, cultural and news programs as well as educational courses and distance leuming, which will be appropriate for cablecast on the CITIES' Public, Education and/or Govemment channels during specified time slots; NOW THEREFORE, the UNIVERSITY and the CITIES agree as follows: The CITIES and the UNIVERSITY shall cooperate with and among each other in order for the CITIES to make available to the UNIVERSITY designated and agreed-to time slots every day on their Public, Education andJor Government channel for programming produced for regional viewership and coordinated by the UNIVERSITY. The designated and agreed- to time slots are as follows: [Monday through Sunday from 7-11 p.m., year around, as much as is needed for available programming; and possible additional programming during other hours of the day to be determined by each participating city] These designated time slots will insure that all viewers will have access to the same programming virtually at the same time, except when, in a given city's discretion, local cablecasts take precedence over UNIVERSITY programming. In this manner a network will Page 1 of 3 be created for the greater San Bemardino Valley community (hereinaJ?er NETWORK). To the extent they bear no burden of costs related thereto, and to the extent they are able to make PEG access available, the CITIES shall make such time slots available at no cost to the UNIVERSITY. Each of the parties hereto shall be free to withdraw from this Agreement at its sole and absolute discretion if at least ninety (90) days written notice is given to all other parties hereto. An advisory board will be created to provide advice on the continuing development of NETWORK programming. Said board shall consist of one representative from each CITY. At the request of an advisory board member, videotape copies of proposed programming will be provided. The UNIVERSITY shall be responsible for administration of budget, direction and coordination of the personnel, equipment, facilities, and operations necessary to produce programming and transmission for regular cablecasting on the NETWORK to include some interactivity between the programs and viewers. 7. CITIES shall each designate one staff member to be the contact for this Agreement. The UNIVERSITY shall be responsible for damages caused by the acts or omissions of its officers, employees, or agents that occur in relation to this Agreement. Likewise, each city that is a signatory to this agreement shall be responsible for damages caused by the acts or omissions of its officers, employees, or agents that occur in relation to this Agreement. The intent of this paragraph is that each party shall be responsible for any damages caused by its own negligence that may arise out of or be in connection with this Agreement. This Agreement may be amended in writing by the mutual agreement of the UNIVERSITY and CITIES. By signing below, UNIVERSITY and CITIES manifest their agreement to all of the foregoing provisions of this Agreement. CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO THE CITY OF By: By: Its Its Page 2 of 3 RAN CHO ADI~INISTRATIVE St fffReport DATE: April 18, 2001 Mayor and Members of the City Council Jack Lam, City Manager Lawrence I. Temple, Administrative Services Director Joe O'Neil, City Engineer SUBJECT: Fiber Optic Cabling RECOMMENDATION: It is recommended that the City Council dispense with the bid process as allowed by the City's Ordinance Section 3.08,070A8 and approve the purchase of fiber optic cable. BACKGROUND: The City has installed over five (5) miles of conduit in preparation of installing and connecting fiber optic cabling in the first phase of the fiber optic project to City Hall, Library, Fire Station No. 2, City Yard and the Senior Center. Ultimately, the project is designed to connect City Hall and all its 14 off-site locations. The City is ready to purchase and install fiber optic cable but has met difficulty in locating available fiber optic cable for purchase due to a high demand and existing scarcity. To date staff has received three vendor bids and is recommending the purchase of fiber optic cabling from the lowest responsible bidder IKON Incorporated. If staff proceeds with the normal and customary bidding procedure, there will be substantial delay in obtaining fiber optic cable of up to one year and we will lose the opportunity to purchase and install fiber optic cable based on the timeline of the project. The demand for fiber optic cabling is expected to grow in the near future and pricing will increase as well. The purchase will include 40, 143 feet or approximately 8 miles of fiber optic cable at $249,680.07 including tax. These funds have been budgeted under the fiber optic cabling project in account number 1712001-5603. Respectfully submitted, Lawrence I. Temple Administrative Services Director Respectfully submitted, eil City Engineer -2- RESOLUTION NO. {:~)/' (:~ ~'~-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING DISPENSING WITH THE BID PROCESS AS ALLOWED BY THE CITY'S ORDINANCE SECTION 3.08.070A8 AND APPROVING THE PURCHASE OF FIBER OPTIC CABLE. WHEREAS, the City has installed over five (5) miles of conduit in preparation of installing and connecting fiber optic cabling in the first phase of the fiber optic project to City Hall, Library, Fire Station No. 2, City Yard and the Senior Center. WHEREAS, the City is ready to purchase and install fiber optic cable; however, it has met difficulty in locating available fiber optic cable for purchase due to a high demand and existing scarcity. WHEREAS, if the City proceeds with the normal and customary bidding procedure, it will incur a substantial delay in obtaining fiber optic cable of up to one year and it will lose the opportunity to purchase and install fiber optic cable based on the timeline of the project. WHEREAS, the demand for fiber optic cabling is expected to grow in the near future and pricing will also increase. WHEREAS, the purchase will include 40,143 feet or approximately 8 miles of fiber optic cable at a total cost of $249,680.07 which has been budgeted under the fiber optic cabling project in account number 1712001-5603. WHEREAS, the City has only received three vendor bids and it is recommending the purchase of fiber optic cable from the lowest responsible bidder IKON Incorporated. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does resolve as follows: To dispense with the normal and customary bidding process and award the purchase of 40,143 feet of fiber optic cable from the lowest responsible bidder IKON Incorporated for a total cost of $249,680.07 from account number 1712001-5603 all in accordance with Section 3.08.070A8 of the City of Rancho Cucamonga's Ordinance. PASSED, APPROVED AND ADOPTED this 18th day of April, 2001. AYES: NOES: ABSENT: ATTEST: William J. Alexander, Mayor Debra J. Adams, City Clerk THE CITY OF CUCAMONGA DATE: TO: FROM: BY: SUBJECT: April 18, 2001 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Senior Civil Engineer REQUEST FROM SAN BAG AND THE CHAFFEY SCHOOL DISTRICT TO CLOSE PORTIONS OF MILLIKEN AVENUE ACROSS AND ADJACENT TO THE FREEWAY, FOR INSTALLATION OF A SEWER LINE REQUIRED BY THE LOS OSOS HIGH SCHOOL CONSTRUCTION RECOMMENDATION: It is recommended by the Route 30 Task Force the City Council approve SANBAG and the Chaffey High School Districrs request to close Milliken Avenue between the Route 30 Freeway and Vintage Drive, for installation of a sewer line for the Los Osos High School construction, and to complete the bridge over Route 30. The duration of the closure will be for a period of four (4) to (5) weeks. BACKGROUND/ANALYSIS: SANBAG and Chaffey High School District have made the request to close Milliken Avenue from Vintage Avenue to the Freeway, including closure of the Milliken Avenue bypass read at Route 30, for construction of a sewer required for Los Osos High School at the northeast corner of Milliken and Banyan Avenues. The sewer is 10 inches in diameter and has to be constructed in a very deep trench, requiring a wide excavation, to join the existing sewer manhole at the intersection of Milliken Avenue and the bypass road just north of the freeway. SANBAG has made the request to allow the bridge contractor to complete the Milliken Bridge over Route 30. On April 17, 2001, members of the Route 30 (210) Ad Hoc Task Force met with members of the School District, SANBAG, City staff and residents of the area to address the issues pertaining to the street closure. If the sewer is constructed before the bridge is completed the bypass road would still have to be closed to traffic. If the bridge construction is completed first the finished surface of the roadway will be raised CITY COUNCIL STAFF REPORT ,MILLIKEN AVENUE CLOSURE April 18, 2001 Page 2 ten feet, making the subsequent sewer trench cut approximately 34 feet deep. Members of the Committee, SANBAG, School District and City staff agreed it would be best if the school's sewer contractor laid the sewer concurrently with SANBAG's contractor finishing construction of the bridge. A one-lane emergency access road on the west side of Milliken Avenue will be provided by the bddge's contractor for police and fire. Traffic on Milliken Avenue will be detoured to Haven Avenue and Rochester Avenue via Banyan Street. SANBAG will provide traffic control, especially as detoured traffic enters and exits Banyan Street, during peak hours utilizing members of the Police Department. Work for this joint effort is scheduled to begin May 1, 2001. By June 1, 2001, the sewer work in Milliken Avenue and the Milliken Bridge is scheduled to be completed, with the bridge opening to follow soon. The Route 30 Ad Hoc Task Force, School District, SAN BAG and City staff agree that the aforementioned portions of Milliken Avenue should be closed to construct the sewer. and complete the bridge. Respectfully Submitted, ~O'Neil City Engineer WJO:MO:sc SHEET 1 OF 2 PROPOSED BOUNDARIES OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2001-01 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA FILED THIS__ DAY OF~ 20__ AT THE HOUR OF O CLOCK__ M IN BOOK~ PAGES OF MAPS OF' ASSESSMENT AND COMMUNITY FACILITY DISTRICTS (DOCUMENT NO ~) IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA DEPUTY COUNTY RECORDER COUNTY OF SAN BERNARDINO I' HILLSIDE RD u CITY BANYAN ST 19TH ST ARROW RT 8TN ST OF BASE LINE RD FOOTHILL BLVD RANCHO Z BASE > Z L,J LINE RD FOOTHILL BL > ARROW RT > Z HIGHLAND AVE ,/ PROJECT LOCATION INTERSTATE 10 NO 2001 O1 I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DFSTRfCT NO 2001-01 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AT A ULAR MEETING THEREOF ,:,,, 0,, ,,~ ~'z_',-_ .,,., ,,,,. 0, :_8.,,,~._.:___ BY THE ADOPTION OF RESOLUTION NO ~ 0 INDEX MAP RANCHO CUCAMONGA I __ _Z.,,~llll,,l~__' CITY OF RANCHO CUCAMONCA NOTE THE PARCELS WITHIN THE PROPOSED BOUNDARIES ARE THOSE WITHIN THE CITY OF RANCHO CUCAMONGA WHICH APPEAR ON THE CURRENTSAN BERNARDINO COUNTY ASSESSOR MAPS / I I mm PROPOSED CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO 2001-01 BOUNDARY RC2310001 3011 06280 04/02/01 ON Apt,/AS/ AT /C?'cg'<~x'/9 BOOK 7,~ PAGF_S · ~,ANI IERNAiIDINO COUNTY SHEET 2 OF 2 PROPOSED BOUNDARIES OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2001-01 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ~ ~vSTO~4c~ SX6T~ ~ ::'~~ I A 2 ~,~ NOT A PART =~";~ ~ ~A~5  :~,~ ~'~ ,~ ~ L~II/I~/"'~ ~ ' (co~ ~ 2~A~ ~. ZO ' IMPROVEMFNT AREA 1 IMPROVEMENT AREA 2 IMPROVEMENT AF,tEA 3 o4/o2/ol