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2005/02/16 - Agenda Packet
CITY OF I~ANCHO CUCAMONGA 10500 Civic Center Drive + Rancho Cucamonga, CA 91730-3801 AGENDAS · Fire Protection District · City Council REGULAR MEETINGS 1st and 3rd Wednesdays + 7:00 p.m. FEBRUARY 16, 2005 AGENCY~ BOARD & CITY COUNCIL MEMBERS William J. Alexander .................... Mayor Diane Williams ............... Mayor Pro Tern Rex Gutierrez ............................ Member L. Dennis Michael ...................... Member Sam Spagnolo ......................... Member Jack Lam ......................... City Manager James L. Markman ............. City Attorney Debra J. Adams ..................... City Clerk ORDER OF BUSINESS 5:30 p.m. Closed Session .................... Tapia Conference Room 7:00 p.m. Fire Protection District Meeting ........... Council Chambers Regular City Council Meeting ............. Council Chambers INFORMATION FOR THE PUBLIC ..~RANcHO [.~UCAMONGA TO ADDRESS THE CITY COUNCIL The City Council encourages free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the City Council on any agenda item. Please sign in on the clipboard located at the desk behind the staff table. It is important to list your name, address and phone number. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do se under "Public Communications". There is opportunity to speak under this section at the beginning and the end of the agenda. Any handouts for the City Council should be given to the City Clerk for distribution. To address the City Council, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. All items to be placed on a 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. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter and the Public Library. A complete copy of the agenda is also available at the sign in desk located behind the staff table during the Council meeting. LIVE BROADCAST Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.uslwhatsnew.htm for those with Hi-bandwidth (DSL/Cable Modem) or Low-bandwidth (Dial-up) Internet service. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers Located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of City Council agendas and minutes can be found at http:llwww, ci. rancho-cucamonga.ca, us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 1 I~CHO HALL, 10500 CIVIC CENTER DRIVE ~UCAMONGA II A. CALLTOORDER I 1. Roll Call: Alexander__, Gutierrez__, Michael__, Spagnolo__, and Williams__. II B. ANNOUNCEMENTS/PRESENTATIONS I 1. Presentation of checks to the Rancho Cucamonga Community Foundation and the Rancho Cucamonga Library Foundation from the mark Christopher Charity Classic presented by Adelphia Nationwide Tour Event held in the City of Rancho Cucamonga at the Empire Lakes Golf Course. f C. PUBLIC COMMUNICATIONS 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. II D. CouNCiL COMMUNICATIONS II This is the time and place for reports to be made by members of the City Council on matters not on the agenda. II E. CONSENT CALENDAR II 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: January 19, 2005 (Michael absent) February 2, 2005 (Michael absent) 2. Approval of Warrants, Register 1/25/05 through 2/7/05, and Payroll 1 ending 2/7/05, for the total amount of $3,092,979.61. 3. Approve to receive and file current Investment Schedule as of January 22 31, 2005. I CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY RancH° I HALL, 10500 CIVIC CENTER DRIVE ~UCAMONGA 4. Approval to authorize the advertising of the "Notice Inviting Bids" for 28 the construction of the Haven Avenue Street Widening and Storm Drain Improvement Project from Base Line Road to north of 19~h Street, to be funded from Acct. No. 11243035650/14061124 (Transportation Funds) and Acct. No. 11103165650/1464110 (Beautification Funds). RESOLUTION NO. 05-049 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19TM STREET AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval of Iow bid vendor selection for the replacement of two pieces 36 of equipment, Smithco field rakes, from Golf Ventures west of Corona, California, in the amount of $33,964.96, to be funded from Acct. No. 1712001-5603 as approved in the 04-05 budget. 6. Approval of Iow bid vendor selection for the replacement of five pieces 38 of equipment, one aerator, one utility vehicles, one seeder and two top dressers from AA Equipment of Montclair, California, in the amount of $59,269.50, to be funded from Acct. No. 1712001-5603, as approved in the 04-05 budget. 7. Approval to appropriate $22,000 from the Community Development 41 Technical Services Fund into Acct. No. 1016301-5300 (Contract Services) to fund temporary staffing assistance with revising, updating and testing the Tidemark software system used by the Building and Safety, Engineering and Planning Departments. 8. Approval of a Resolution stating the Caltrans Excess Property, located 42 north of the 210 Freeway and south of Highland Avenue between Archibald Avenue and 750 feet east of Archibald Avenue, will be used [or public purposes, more specifically a public park. RESOLUTION NO. 05-050 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, THAT THE EXCESS PROPERTY TO BE ACQUIRED FROM CALTRANS, LOCATED NORTH OF THE 2t0 FREEWAY AND SOUTH OF HIGHLAND AVENUE BETWEEN ARCHIBALD AVENUE AND 750 FEET EAST OF ARCHIBALD AVENUE, WILL BE USED FOR PUBLIC PURPOSES, MORE SPECIFICALLY A PUBLIC PARK CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 3 I ~RA~cHO HALL, 10500 Civic CENTER DRIVE 9. Approval of a Completion of Termination of Temporary Easement for 46 the benefit of Rancho Amigos Investors, LLC, a California Limited Liability Company, and Dearden Properties, a California General Partnership. RESOLUTION NO. 05-061 48 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COMPLETION OF TERMINATION OF TEMPORARY EASEMENT FOR THE BENEFIT OF RANCHO AMIGOS INVESTORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND DEARDEN PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP 10. Approval of Improvement Agreement and Improvement Securities for DRC2002-00884, located on the south side of 6th Street, east of Utica 49 Avenue, submitted by F & F Simon Rancho Tech, LLC. RESOLUTION NO. 05-052 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND iMPROVEMENT SECURITIES FOR DRC2002-00884 11. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to 52 Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 16539, located at 6th Street and Santa Anita Avenue, submitted by La-Santa Anita, LLC. RESOLUTION NO. 05~053 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 16539, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 05-054 56 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 PARCEL MAP 16539 CITY COUNCIL AGENDA , FEBRUARY 16, 2005 - 7:00 P.M. THE BEETLE6 'to E~E HELD IN THE COUNCIL CSAMRERS, CiTY 4 [[~CHO HALL, 10500 C~VlC CEN,rER DRIVE ~,UCAMONGA 12. Approval of Map, Improvement Agreement, Improvement Securities 65 and Ordering the Annexation to landscape Maintenance District No. 7 and Street Light Maintenance District Nos. 1 and 7 for Tract Map 16466, located north of Banyan Street between Etiwanda and Bluegrass Avenues, submitted by Carriage Estates III, LLC. RESOLUTION NO. 05-055 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TRACT 16466 RESOLUTION NO. 05-056 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP 1644 13. Approval of Map and Monumentation Cash Deposit for Parcel Map 77 16657, located at the southeast corner of Rochester Avenue and Jack Benny Drive, submitted by Stadium Plaza South, LLC, a California Limited Liability Company. RESOLUTION NO. 05-057 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 16657 AND MONUMENTATION CASH DEPOSIT 14. Approval of a contract amendment (CO 03-091) adjusting the hourly 80 rates for inspection services provided by Aufbau Corporation. 15. Approval of the execution of an amendment to the Professional 82 Services Agreement (CO 00-044) for Engineering Design Services for the Haven Avenue Street Widening and Storm Drain Project from Base Line Road to south of Route 210 Freeway, to Dan Guerra & Associates to increase the contract amount from $440,691.05 to $515,691.05, to be funded from Measure "1" Funds, Acct. No. 11763035650/1124170-0 and appropriate $75,000.00 from Measure 'T' fund balance to Acct. No. 11763035650/1124170-0. CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 5 RANCHO HALL, 10500 CIVIC CENTER DRIVE (~,UCAMONGA 16. Approval to contract with R.¥. Rodriguez (CO FD 05-001 & CO-012) 87 for ongoing fuel station repair, maintenance, testing, and certification at the Corporate Yard, Sports Complex and Fire Stations 171, 172, 174, 175, 176 for an annual amount not to exceed $20,500 ($15,000 from fund number 1001317-5300; $5,500 from fund number 3281527- 5200) for the remainder of fiscal year 04/05, with the option to renew for additional one (1) year periods upon review of contract and mutual consent, up to a total of three (3) years. 17. Approval of the execution of Program Supplement No. 007-M to the Administering Agency-State Agreement No. 08-5420 covering the 89 installation of solar-powered flashing beacons on Hermosa Avenue at 500 feet north of and 500 feet south of Feron Boulevard. 18. Approval of Improvement Agreement Extension for PM 16245 and PM 16245 Fourth Street Storm Drain Systems, located at the northwest 91 corner of 4th Street and Milliken Avenue, submitted by Jefferson on Fourth, L.P. RESOLUTION NO. 05-058 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITIES FOR PM 16245 AND PM 16245 FOURTH STREET STORM DRAIN SYSTEMS 19. Approval to accept the Improvements and file a Notice of Completion for improvements for CUP94-39, located on the north side of Ashford 95 Street, east of Center Avenue, submitted by Cucamonga Valley Water District. RESOLUTION NO. 05-059 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP94-39 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 20. Approval to release the Maintenance Guarantee Bond for DR00-28, located at the northwest corner of Milliken Avenue and Arrow Route, 97 submitted by Catellus Development Corporation. 21. Approval to release the Maintenance Guarantee Bond for DR00-32, 99 located on the southeast corner of 7th Street and Utica Avenue, submitted by Seventh Street and Utica Partners, LLC. CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 6 RANCHO HALL, 10500 CIVIC CENTER DRIVE 22. Approval to accept improvements, release the Faithful Performance 101 Bend, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DRC2001-00638, located on the west side of Day Creek Boulevard at Highland Avenue, submitted by Day Creek investors, LLC. RESOLUTION NO. 05-060 103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00638 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 23. Approval to release the Maintenance Guarantee Cash Deposit for DRC 2002-00218, located on the west side of Santa Anita Avenue, 104 1000 feet nodh of 4th Street, submitted by Ridge Santa Anita Partners, LLC. 24. Approval to accept Improvements, release the Faithful Performance '106 Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for DRC2002-00606, located on the west side of Hermosa Avenue, south of 8th Street and north of 7th Street, submitted by Hermosa 2, Pi, LLC. RESOLUTION NO. 05-061 108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00606 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 25. Approval to accept Improvements, retain $1,150.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a 109 Notice of Completion for improvements for DRC2003-00302, located on the south side of Arrow Route, west of Hellman Avenue, submitted by West Rock, LLC RESOLUTION NO. 05-062 '1 '10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00302 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 26. Approval to accept Improvements, retain $930.00 of the Faithful Performance Cash Deposit in lieu of a Maintenance Bond, and file a 112 Notice of Completion for improvements for DRC2003-00330, located at the southwest corner of 6th Street and Milliken Avenue, submitted by Silver Oak Development. CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 7 R~cHo HALL, 10500 CIVIC CENTER DRIVE ~,UCAMONGA RESOLUTION NO. 05-063 '~ '~4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00330 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 27. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for 115 improvements for DRC2003-00869, located at the southwest corner of Haven Avenue and 6th Street, submitted by Oltmans Construction Co. RESOLUTION NO. 05-064 117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00869 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 28. Approval to release the Maintenance Guarantee Bond for DRCDR01- 03, located on the east side of Hermosa Avenue, north of Sharon '~18 Circle, submitted by Fullmer Construction. 29. Approval to accept the Improvements, release all bonds, and file a 120 Notice of Completion for improvements for PM 15731, located at the southeast corner of White Oak and Elm Avenues, submitted by KDC Rancho Two, LLC. RESOLUTION NO. 05-065 122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15731 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 30. Approval to release of Maintenance Guarantee Bond for TR 13279, located on the south side of Highland Avenue, between Rochester 123 and Milliken Avenues, submitted by Lyon Homes, Incorporated. 31. Approval to release the Maintenance Guarantee Bonds for TR 15072 124 and TR 15072-1, located-on the southwest corner of Base Line and Rochester Avenue, submitted by Lewis Development Company and Kaufman and Broad of Southern California, Inc. 32. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for 127 improvements for TR 15838, located on the southwest corner of Wilson Avenue and Bluegrass Avenue, submitted by Standard Pacific Corporation. CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE RESOLUTION NO. 05-066 129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TR 15838 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 33. Approval to accept the Arrow Route Pavement Rehabilitation from Archibald Avenue to Hermosa Avenue, Contract No. 04-168 as '~30 complete, approval to appropriate $6,000.00 to Acct. No. 11763035650/1370176-0 from Measure "1" fund balance, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $267,120.81. RESOLUTION NO. 05-067 132 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE PAVEMENT REHABILITATION FROM ARCHIBALD AVENUE TO HERMOSA AVENUE, CONTRACT NO. 04-168 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK II F, CONSENT ORDINANCES I 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 upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No Items Submitted. G. ADVERTISED PUBLIC HEARINGS ~ 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. CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CiTY ~RANCH0 HALL, 10500 CIVIC CENTER DRIVE u, PUBLIC HEARINGS Il The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. APPROVAL OF RESOLUTIONS AUTHORIZING THE RANCHO 134 CUCAMONGA POLICE DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN THE MARLBOROUGH VILLAS, TERRA VISTA WESTGATE, AND RANCHO VISTA GATED COMMUNITIES AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 RESOLUTION NO. 05-068 '136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE MARLBOROUGH VILLAS GATED COMMUNITY (GENERALLY LOCATED EAST OF ARCHIBALD AVENUE, NORTH OF FOOTHILL BOULEVARD, WEST OF RAMONA AVENUE, AND SOUTH OF CHURCH STREET) AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 RESOLUTION NO. 05-069 '137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE TERRA VISTA WESTGATE GATED COMMUNITY AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 RESOLUTION NO. 05-070 '~38 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE RANCHO VISTA GATED COMMUNITY AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 10 .,..,RANCHO HALL, 10500 Civic CENTER DRIVE I ;ITC. AMONGA [I I. CITY MANAGER'S STAFF REPORTSI The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION OF A REQUEST FROM GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) TO HAVE 139 THE CITY DESIGNATE HABITAT TRUST AS A QUALIFIED CONSERVATION ENTITY FOR THE PURPOSE OF THE MANAGING 54 ACRES OF OPEN SPACE PURSUANT TO AN OPEN SPACE TRANSFER PLAN IN SATISFACTION OF THE REQUIREMENTS OF THE ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT FOR THE HENDERSON .CREEK PROJECT (CONTINUED FROM FEBRUARY 2, 2005) RESOLUTION NO. 05-071 277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CRITERIA FOR 'tHE DESIGNATION OF CONSERVATION ENTITIES TO MANAGE OPEN SPACE AND HABITAT TRANSFER LANDS, AND MAKING A DETERMINATION ON A REQUEST BY GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) REGARDING THE QUALIFICATIONS OF THE CONSERVATION ENTITY TO MANAGE OPEN SPACE AND HABITAT TRANSFER LANDS REQUIRED BY THE HENDERSON CREEK PROJECT; AND MAKING FINDINGS iN SUPPORT THEREOF 2. STATUS REPORT ON FLOOD CONTROL PROJECT (Oral) II J. COUNCIL BUSINESS I 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. DISCUSSION OF DOG BREEDING ISSUE (STEVE KNECHT) 2. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES 281 UPDATE 3. REPORT BY ANIMAL SHELTER AD HOC SUBCOMMITTEE 291 CITY COUNCIL AGENDA FEBRUARY 16, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY ] 1 (.~RANCHO HALL, 10500 CIVIC CENTER DRIVE UCAMONGA_ K. IDENTIFICATION OF ITEMS FOR THE 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. II L. PUBLIC COMMUNICATIONS I 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. 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 February 10, 2005, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. January 19, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER I The Rancho Cucamonga City Council held a closed session on Wednesday, January 5, 2005, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Brad Buller, City Planner; Joe O'Neil, City Engineer and Linda D. Daniels, Redevelopment Director. Absent was Councilmember: L. Dennis Michael II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I Mayor Alexander announced the closed session item. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND DAY CREEK BOULEVARD FREEWAY, O & S HOLDINGS, LLC; JOE O'NEIL CITY, CITY ENGINEER, NEGOTIATING PARTY, REGARDING PROPERTY APPRAISAL- CITY City Attorney, James Markman stated it is requested to add the following item: B2. PENDING LITIGATION - SPIRIT OF THE SAGE VS. CITY OF RANCHO CUCAMONGA - THREE CASES - SUPERIOR COURT NUMBERS RCV 081807, 081847 AND 082430 - CITY MOTION: Moved by Williams, seconded by Gutierrez to add the above listed item. Motion carried 4-0-1 (Michael absent). Il c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No communication was made on the closed session items. II D. CONDUCT OF CLOSED SESSION I The closed session began at 5:35 p.m. City Council Minutes January 19, 2005 Page 2 E. CITY MANAGER ANNOUNCEMENTS AND REPORTS The closed session recessed at 6:25 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY CGUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER [] A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 19, 2005, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:04 p.m. Present were Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Dawn Haddon, Purchasing Manager; Mike Toy, Information Systems Specialist; Jori Gillespie, Traffic Engineer; Brad Bullet, City Planner; Tom Grahn, Associate Planner; Mark Salazar, Code Enforcement Supervisor; Kevin McArdle, Community Services Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Deputy Chief Mike Bell, and FMIS Technician Robin Brock, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. Absent was Councilmember: L. Dennis Michael B. ANNOUNCEMENTS/PRESENTATIONS No announcements/presentations were made. [] C. PUBLIC COMMUNICATIONS ] C1. Melanie Ingrain, Rosebud Street, referred to the last meeting when Planning Commissioner Rich Fletcher mentioned that "Rancho Recall" was part of "John's Gang." She stated she was concerned about his comments. She stated she agreed with Nicole Myerchin's comments that she made at the last meeting about how Councilmember Gutierrez handled the dog issue. She wondered how people feel about Dennis Michael not being at the meeting again tonight. She did not feel the title of the item on the City Council Minutes January 19, 2005 Page 3 agenda was explanatory enough regarding the public safety matter. She felt it should be better described in the title. She encouraged people to let the City Council know their concerns. C2. John Lyons stated he went to hear the State of the City Address at the Chamber of Commerce meeting and felt it was a very good meeting. He stated Planning Commissioner Rich Fletcher wants to take away the public's right to speak. He felt there should be an investigation of this by the City Council. He commented that because of the Mayor's tenure on the Council, he should be allowed to stay on SANBAG. He felt Planning Commissioner Rich Fletcher should be removed from the Planning Commission. C4. Bill McCliman stated yesterday the~hlaid to rest a fellow worker of his, i.e., Correction Officer Gonzalez, who was murdered January 10 at the Chino Prison. He .stated he appreciates the Mayor getting his item on the agenda about public safety. He stated he appreciates that the City Manager stood by his word to have this on the agenda. He did not feel our City is as safe as it once was. He talked about the crimes that had occurred in the City. He felt public safety should be thought about first and stated he is greatful to be able to address the City Council about this tonight. C5. Michelle McNiel, Woodhaven Manor, stated someone was recently raped in her area. She stated after he did this he headed into the apadments at Lemon and Haven. She stated if the Police Department staff is cut the people will feel this and not be as safe. She continued to inform the Council about the conditions of the apartment complex where she lives and how bad it is there. She commented she could not get a flu shot because she was not yet a senior citizen. She stated Councilmember Gutierrez is trying to solve this so that kids can get flu shots. She asked the Council to encourage people to help those that can't help themselves. She felt home values would go down if these problems are not taken care of at Lemon and Haven. She commended Councilmember Gutierrez for his help. She thanked him for his concern. C6. Cindy Rengie (987-8854) stated she is here to support the safety of the community. She stated the Relay for Life Cancer walk is scheduled for May 21 - 22, and added she would love to have a City team. She asked everyone to support this cause. C7. Nicole Myerchin stated for two years she has been talking about the Animal Shelter and the conditions there. She questioned the contract that is in place at the Shelter. She mentioned the contract Upland has, which makes it cheaper for them to run their Shelter, rather than having the County provide services. She stated she has talked to the seniors and they feel they need better transportation. She felt the Council should do the right thing since people vote for them. ]1 D. COUNCIL COMMUNICATIONS I D1. Councilmember Williams commented that Mayor Alexander's State of the City Address was well done and stated he talked about public safety and how safe the City is. She stated the City does have one of the best safety records. She stated last week she attended the MayodCouncilmember Institute in Sacramento and that she also got to meet with some of the City's legislators. She stated she did not receive good news about the State's budget, and that she felt the State should make some cuts with their staff. She stated it is important to protect the City's Redevelopment Funds. D2. Councilmember Gutierrez stated he does have a meeting tomorrow in Etiwanda regarding some landscaping and development issues. He wanted these people to know the City is on top of this. He wanted to make sure that the large trees in Etiwanda are not cut down. He stated he does want to be humane regarding concerns with the Animal Shelter. He stated if there is a better way to run the Shelter, he is all for it. He stated he does not think it is right to bad mouth people when they are not here. He stated Rich Fletcher does not deserve to be defamed in public. He did not think Mr. Fletcher threatened John Lyons. He felt it was a misunderstanding. He did not feel he deserved this. He stated someone mentioned Dennis Michael being absent again and continued to explain that his wife had this trip planned City Council Minutes January 19, 2005 Page 4 a long time ago and he would have lost money if he had cancelled it. He stated Councilmember Michael wanted everyone to know that he does take his job seriously. Il ~. CONSENT CALENDAR I El. Approval of Minutes: December 15, 2004 January 5, 2005 (Michael absent) E2. Approval of Warrants, Register 12/22/04 through 1/11/05 and Payroll ending 1/11/05 for the total amount of $6,429,967.66. E3. Approve to receive and file current Investment Schedule as of December 31, 2004. E4. Approval to appropriate funding for additional work for the AudioNisual Council Chambers System to Global Presenters in the amount not to exceed $32,064 from Acct. No. 1712001-5603. E5. Approval to appropriate $10,000 to upgrade the City's Business License System and $2,500 to upgrade one Business License computer to be compatible with the new software. E6. Approval to receive and file the Parks, Recreation Facilities and Community Services update. E7. Approval of amendment to the CDBG budget to re-appropriate funds from fiscal year 2003-2004. E8. Approval of a request from the Quakes/Angels for Waiver of Rental Fees for use of the Epicenter Stadium on January 22, 2005, for a Free Youth Baseball Clinic. E9. 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 DRC2002-00132 located at the northeast corner of 6th Street and Cleveland Avenue, submitted by 6th and Cleveland, T.I.C. RESOLUTION NO. 05-013 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002-00132 RESOLUTION NO. 05-014 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 DRC2002-00132 El0. Approval of Map, 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 16481, located on the south side of 19th Street, west of Cartilla Avenue, submitted by Hamilton Homes, LLC. RESOLUTION NO. 05-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 16481, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY City Council Minutes January 19, 2005 Page 5 RESOLUTION NO. 05-016 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 NUMBER 16481 Ell. Approval of Improvement Agreement, Improvement Securities and Monumentation Cash Deposit for Tract Map 16466, located north of Banyan Street between Etiwanda and Bluegrass Avenues, submitted by Carriage Estates III, LLC. RESOLUTION NO. 05-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT MAP 16466 E12. Approval of Map, Improvement Agreement, improvement Security and Ordering the Annexation to Landscape Maintenance District No. 10 and Street Lighting Maintenance District Nos. 1 and 7 for Tract 16726, located at the northwest corner of Day Creek Boulevard and Banyan Street, submitted by Young California Cucamonga, L.P. RESOLUTION NO. 05-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16726, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 05-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 10 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 16726 E13. Approval to award the execution of the contract in an amount of $130,000.00 to the most responsive and responsible bidder, Advance Utility Systems (CO 05-002), and authorize the expenditure of a 10% contingency i'n the amount of $13,000.00, for a total amount, including contingency, of $143,000.00 for the Electric Utility Billing System, to be funded from Municipal Utility fund, Acct. No. 17053035152, and appropriate an additional amount of $68,000.00 to Acct. No. 17053035152 from Municipal Utility fund balance. E14. Approval of an agreement for reimbursement between the City of Rancho Cucamonga and Alta Loma Little League (CO 05-003) and appropriation of funds in the amount of $10,000.00 for acquisition and installation of one electronic scoreboard at the Heritage Community Park Little League diamond (Acct. No. 11203-5-5650/1449120-0). E15. Approval of an agreement for reimbursement between the City of Rancho Cucamonga and Gitrus Little League (CO 05-004) and appropriation of funds in the amount of $20,000.00 for acquisition and installation of two electronic scoreboards at the Red Hill Community Park Senior and Little League diamonds (Acct. No. 1120305-5650/1449120-0). City Council Minutes January 19, 2005 Page 6 E16. Approval to authorize the Mayor to execute the Caltrans Budget Authority Agreement (CO 05-005) acknowledging the City's request to continue the Caltrans funding for the Pacific Electric Inland Empire Trail and the City's intent to construct the trail project this fiscal year. E17. Approval of Improvement Agreement Extension for Tract 16313, located on the northeast corner of Day Creek Boulevard and Church Street, submitted by Standard Pacific Homes. RESOLUTION NO. 05-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16313 E18. Approval of improvement Agreement Extension for Tract 16314, located on the northeast corner of Day Creek Boulevard and Church Street, submitted by Standard Pacific Homes. RESOLUTION NO. 05-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16314 E19. Approval of Improvement Agreement Extension for Tract 16372, located on the northwest corner of Church Street and Etiwanda Avenue, submitted by Standard Pacific Corporation. RESOLUTION NO. 05-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16372 E20. Approval of Improvement Agreement Extension for Tract 16373, located on the northwest corner of Victoria Park Lane and Church Street, submitted by Greystone Homes, Inc. RESOLUTION NO. 05-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16373 E21. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for CUP 94-07, located at the southeast corner of East Avenue and Old Highland Avenue, submitted by W.S.D.C., Inc. RESOLUTION NO. 05-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 94-07 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOP, THE WORK E22. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for DRC2001-00570, located on the east side of Cartilla Avenue, south of Church Street and east of Center Avenue, submitted by W.F. Construction, Inc. City Council Minutes January 19, 2005 Page 7 RESOLUTION NO. 05-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC ~MPROVEMENTS FOR DRC2001-00570 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E23. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for PM 9498 - 4th Street medians, located on 4th Street east of Haven Avenue, submitted by Reiter Rinker Gateway/Haven Gateway Partners. RESOLUTION NO. 05-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 9498 - 4TM STREET MEDIANS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E24. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for PM 11940, located on the southeast corner of White Oak Avenue and Elm Avenue, submitted by Sahama Development. RESOLUTION NO. 05-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 11940 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E25. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for PM 15234, located on the nodh side of Seventh Street, between Utica and Toronto, submitted by Joy's For Us, ~nc. RESOLUTION NO. 05-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15234 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E26. Approval to accept the improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for PM 15014, located at the southwest corner of Arrow Route and White Oak Avenue, submitted by Amir Development. RESOLUTION NO. 05-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15014 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E27. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Tracts 16257 & 16347, located on the west side of Etiwanda Avenue, north of Foothill Boulevard, submitted by Empire Commercial Real Estate, LLC. City Council Minutes January 19, 2005 Page 8 RESQLUTION NO. 05-030 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 16257 & 16347 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E28. Approval to accept the Carnelian Street Landscape Improvements from Vivero Street to 1000' south of Vivero Street, Contract No. 04-066 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $205,030.74. RESOLUTION NO. 05-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CARNELIAN STREET LANDSCAPE IMPROVEMENTS FROM VIVERO STREET TO 1000' SOUTH OF VIVERO STREET, CONTRACT NO. 04-066 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E29. Approval to release the Maintenance Guarantee Bond for CUP 00-33, located on the north side of 19th Street, between Amethyst and Hellman Avenues, submitted by Alta Loma Assisted Living, LLC. E30. Approval to release the Maintenance Guarantee Bond for PM 11685, located on the south side of Devon Street at Kinlock Avenue, submitted by James O'Brien. MOTION: Moved by Gutierrez, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Michael absent). ]1 I No Items Submitted. No Items Submitted. No Itams Submittad. City Council Minutes January 19, 2005 Page 9 I. CITY MANAGER'S STAFF REPORTS I1. PUBLIC SAFETY DISCUSSION Jack Lam, City Manager, stated he, Fire Chief Peter Bryan and Police Chief Pete Ortiz have prepared a power point presentation to be given regarding this item (which is on file in the City Clerk's office). At the conclusion of all the presentations, Mayor Alexander opened the meeting for public input. Addressing the City Council were: Michelle McNiel felt she should be able to ask for the services of the City because she pays taxes. She understands the police and fire departments cannot always hold a person's hand, but felt they should take care of the people. Jim Townsend, President of the Rancho Cucamonga Fire Fighters Association, stated they appreciate the support of the City council. He stated they do have the greatest job, and they will be there to do whatever they can to help the community. He felt they are behind in their service to the community. Captain Mike Ploung, Rancho Cucamonga Fire Protection District, gave a power point presentation, which is on file in the City Clerk's office. A video regarding emergency services was also presented. Peter Hahn, in law enforcement for 18 years with the L.A. County Sheriffs office, stated he was shocked that Rancho Cucamonga only has 107 people assigned to the station. He gave other statistics of other cities that have more staff for the number of residents. He stated any crime is serious but felt response times were pretty good for emergency calls. He felt Rancho Cucamonga should have its own dispatcher for the numbe~ of calls we have and then the dispatcher would be more familiar with our City. He talked about burglaries in the City and how they are handled. He asked if the Identity Theft Detective is only for our City. Captain Pete Ortiz stated we have two for our City alone. Mr. Hahn felt the Public Safety Committee should be expanded to people that know the public safety business and are on the inside. Chris Cuzinski stated he lives in the northwest part of town and has used the emergency services. He stated he works for the City of San Gabriel Valley as a fire fighter. He stated public safety is 70% of their budget and felt with Rancho Cucamonga at 54% was a real bargain. He stated San Gabriel Valley has enough fire stations to only cover two square miles per station as opposed to Rancho Cucamonga's eight square miles per station. He stated there is another law approved October 5, 1998, which is the "Two in - Two out" rule. He felt this is very important. Bill Mc Climan stated he is more confused tonight than what he was before. He felt Jack Lam was a great City Manager to get so much out of the resources the City has. He felt if his information is correct, the other cities are overstaffed and should get rid of people. He stated Irvine is similar in size to Rancho Cucamonga, but they have 4-man crews and 17 fire stations. He stated after hearing the information tonight, he is confused. He commented on the number of patrol cars you see driving throughout the City. He stated when he drives through Upland, you see them all over the place. He stated he just wanted to bring this up and bring it to everyone's attention. He hoped this will open the door for people to look at the public safety needs for the City. He felt it needs to stop with people saying that firemen in Rancho Cucamonga are overpaid. He didn't understand why the City has not given more money to the Fire District. He felt the budget should be looked at a little closer and more money given to the District. City Council Minutes January 19, 2005 Page 10 Jack Lam, City Manager, stated the City does a good job with less. He stated he is not saying we don't need more resources, but that funding is needed to support this. He stated the Fire District is not self- supporting and that the City gave them $1.6 million this year. He stated the discretionary reserves are now $10,000,000. He pointed out that every community is different and has different needs. He commented on a previous meeting held to discuss paid paramedic service programs, and felt it is time to starting thinking about this. He stated the City Council is very proud of the Police and Fire Departments and for the resources we have. Mayor Alexander felt this is the beginning of these discussions and that we will continue with them. Councilmember Spagnolo felt we have not looked at the full picture yet, and that we have only touched on some of the issues. He stated he would like to delay discussions on the Blue Ribbon Commission that is also agendized and make that part of the goals meeting coming up in the near future. He felt a commission to discuss this in the future would be beneficial and to work towards where we want to go. Councilmember Gutierrez stated he appreciated all of the reports tonight and that he is not ready to talk about solutions or budget tonight. He felt this is a good place to start and would like to continue discussions in the future. He stated the main thing is to make the City safer, but the problem is resources. He felt a lot of work is needed on this. He did not agree with one of the speakers that said Rancho Cucamonga should be compared to Fontana, Santa Clarita or San Gabriel Valley because he felt all cities are different. He stated he would like to see what they did in Kansas City to get public support for their ballot measure. Councilmember Williams concurred this was a great opening and encouraged people to come down and make their comments. She stated creative solutions are needed. She felt more meetings are needed. [I J. COUNCIL BUSINESS [ J1. DISCUSSION OF A PUBLIC SAFETY BLUE RIBBON COMMISSION (Spagnolo) At the request of Councilmember Spagnolo, this item will be delayed until the goal-setting meeting and will be discussed at that time. "II K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING I No items were identified for the next meeting. Il L. PUBLIC COMMUNICATIONS No communication was made from the public. City Council Minutes January 19, 2005 Page 11 MOTION: Moved by Alexander, seconded by Spagnolo to adjourn. Motion carried unanimously 4-0-1 (Michael absent). The meeting adjourned at 10:09 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * February 2, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reclular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 2, 2005, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:03 p.m. Present were Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Director; Larry Temple, Administrative Services Director; Charles Scott, Sr. Information Systems Specialist; Lorraine Phong, Information Systems Analyst; Joe O'Neil, City Engineer; Brad Buller, City Planner; Kevin McArdle, Community Services Director; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. Absent was Councilmember: L. Dennis Michael ][ B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation in recognition of the City's long-serving Assistant to the City Manager. The Mayor and City Council presented Duane Baker with a Proclamation thanking him for his years of service to the City, and wished him the best of luck as he starts his new position with the City of Hemet. iI C. PUBLIC COMMUNICATIONS I C1. Earl Anderson, 8552 Bella Vista, representing many of the property owners on Bella Vista, thanked the City of their assistance during the recent rainstorm. He stated since the Grand Prix Fire, it has been the work of the City and the Public Works Department that has helped he and his neighbors from getting flooded. He thanked Engineering for designing the permanent resolution to this problem. He also hoped the City Council would approve the Consent Calendar which included an item for funding for the building of the channel. C2. Mark Davidson - see remarks under item L1. The minutes will remain in agenda order. C3. John Lyons wanted to talk about the tragic accident that recently occurred with Metrolink. He stated he would like to protest that Mayor Alexander is no longer on the Metrolink Board and did not feel Councilmember Williams should have appointed herself to SANBAG. He commented on response times for the Fire Department being eight minutes and did not feel that was acceptable. He stated years ago the response time was five minutes and felt something should be done. He commented that Councilmembers Gutierrez and Williams voted in 1995 against fire sprinklers being a requirement for City Council Minutes February 2, 2005 Page 2 residences. He also felt police response times were not fast enough. He felt the City should get back to a five-minute response time. C4. Nicole Myerchin thanked all of the people who have shown her support for her cause for animals. She thanked Mayor Alexander and Councilmember Spagnolo for their assistance and stated she was glad there is another subcommittee meeting on Thursday. She stated she and Kelly are tracking the numbers of animals being put down at the Animal Shelter. She talked about the conditions at the Animal Shelter and that the animals are not getting veterinary care. She asked the City Council to think about the contract they have with the County and felt their service is disgusting. She stated she would be asking the subcommittee to consider a way to make things better through a special service that would not cost the City any money. [I D. COUNCIL COMMUNICATIONS [ D1. Councilmember Williams stated this Friday is 'M/ear Red for Women's Heart Health" and that is why she is wearing red tonight. She wants women to be aware of this problem and take care of themselves. She stated she recently heard a presentation about the Ontario Airport and stated how accessible it is for our community. She stated the airport is expanding within the next several years, which will create a huge transportation problem for the region. She stated at the SANBAG meeting they heard a presentation on transportation and the lack of funds not available through the Federal Government for these types of projects. She stated she attended an event at the Blood Bank and encouraged everyone to give blood, which will help people with any disaster that occurs. D2. Councilmember Spagnolo stated public safety is going to be a top priority at the City Council goal setting. He stated he did visit another shelter to learn about their policies and procedures. He commented on Duane Baker leaving the City and his vision will always be there. He thanked Duane for his service. D3. Councilmember Gutierrez also commended Duane Baker for his service to the community. He stated Duane has had a good and calming influence on the City. He stated he has a meeting on Friday to resolve issues in Etiwanda regarding building. He stated he went to the Sheriff Department's Appreciation Dinner and wanted to recognize them for what they do in the City. He stated he attended the Omnitrans Board meeting and that an audit will be done in order to make any improvements that are necessary. El. Approval of Warrants, Register Nos. 1/12/05 through 1/24/05 and Payroll ending 1/24/05, for the total amount of $4,192,756.65. E2. Approval of Improvement Agreement and Improvement Security for DRC2004-00444, located at 6944 East Avenue, submitted by Winstar Development. RESOLUTION NO. 05-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2004-00444 City Council Minutes February 2, 2005 Page 3 E3. Approval of Map, Improvement Agreement, Improvement Cash Deposit, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 for Parcel Map 16271, located on the west side of Utica Avenue, north of Jersey Boulevard, submitted by Bakken Industrial Properties, LLC. RESOLUTION NO. 05-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16271, IMPROVEMENT AGREEMENT, IMPROVEMENT CASH DEPOSIT AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 05-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 16271 E4. Approval and authorize the execution of a Professional Services Agreement in an amount not to exceed $17,500.00 to AEF Systems Consultin~t, Inc. (CO 05-006) to assist in the installation of the Municipal Utility Billing Software, to be funded from Acct. No. 17053035309. E5. Approval of a Fee Waiver Agreement by and between the City of Rancho Cucamonga and the Cucamonga Valley Water District (CO 05-007). E6. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $111,309.00 to the apparent Iow bidder, Dye and Browning Construction, Inc. (CO 05-008), and authorize the expenditure of a 10% contingency in the amount of $11,130.90 for the Banyan Community Trail from Sapphire Street to the west city limit, to be funded from Beautification funds, Acct. No. 11103035650/1463110-0. E7. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $957,375.20 to the apparent Iow bidder, Grand Pacific Contractors, Inc. (CO 05-009) and authorize the expenditure of a 10% contingency in the amount of $95,737.52 for the Emergency Erosion Control Projects, necessary in the wake of the Grand Prix Fire, to be funded from Capital Reserve Funds, Acct. No. 1025001-5300, and appropriate an additional amount of $350,000.00, Acct. No. 1025001-5300 from Capital Reserve Fund balance. E8. Approval to execute a Professional Services Agreement with RBF Consulting ((~O 05-010), not to exceed $226,985.00 for the preparation of an Environmental Impact Report (DRC2004-01048) for the Carrari Ranch Project in the Rancho Cucamonga's Sphere of Influence, to be funded from the developer deposit through Acct. N o. 10013145303. E9. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $252,777.40 to the apparent Iow bidder, Silvia Construction, Inc. (CO 05-011) and authorize the expenditure of a 10% contingency in the amount of $25,277.74, for the Hermosa Avenue Streef Widening and Pavement Rehabilitation from Highland Avenue to Banyan Street, to be funded from Measure "1" funds, Acct. No. 11763035650/1299176-0. El0. Approval of Improvement Agreement Extension for Tract 16157, located at the northwest corner of Church Street and Terra Vista Parkway, submitted by Concours Development Company, LLC and LDC Cougar, LLC. City Council Minutes February 2, 2005 Page 4 RESOLUTION NO. 05-035 A RESOLUTION OF THE CITY COUNCIL OF TH5 CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16157 511. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for CUP 96-14, located within the Terra Vista Promenade Shopping Center on the north side of Foothill Boulevard, west of Rochester, submitted by Lewis Development Co. RESOLUTION NO. 05-036 A RESOLUTION OF THE CITY COUNCtL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 96-14 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 512. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for improvements for CUP 97-32, located at 9146 9th Street, submitted by David L. Manwarren Corporation. RESOLUTION NO. 05-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 97-32 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 513. Approval to accept the Improvements, release all bonds and file a Notice of Completion for improvements for DR 88-11, located on the southwest corner of Vineyard Avenue and San Bernardino Road, submitted by Edward R. Combs. RESOLUTION NO. 05-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC iMPROVEMENTS FOR DR 88-11 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 514. Approval to accept the Improvements, release all bonds and file a Notice of Completion for improvements for DR 93-05, located on the north side of Arrow Route, approximately 800 feet east of Milliken Avenue, submitted Dy Lee & Stires, Inc. RESOLUTION NO. 05-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 93-05 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 515. Approval to accept the Improvements, release all bonds and file a Notice of Completion for improvements for DR 99-52, located at the southwest corner of San Marino Street and Charles Smith Avenue, submitted by Oltmans Construction Company. City Council Minutes February 2, 2005 Page 5 RESOLUTION NO. 05-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-52 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E16. Approval to release the Maintenance Guarantee Bond for DR 99-53, located on the west side of Anaheim Place and Azusa Court, submitted by Fairway Business Centre, LLC. E17. Approval to accept the Improvements, release all bonds and file a Notice of Completion for improvements for DRC 2001-00275, located on the east side of Helms Avenue between Arrow Route and 9th Street, submitted by Albert and Betty Gutierrez, Trustee of the Gutierrez Family Trust. RESOLUTION NO. 05-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC 2001-00275 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E18. Approval to accept the Improvements, release all bonds and file a Notice of Completion for improvements for DRC 2002-00185, located on the southeast corner of the knuckle intersection of Dorset Street and Cartilla Avenue, submitted by Rancho Pacific Development Corporation. RESOLUTION NO. 05-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC 2002-00185 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E19. Approval to accept the Improvements, retain the cash deposit from Permit ROW 2003-00881 in the amount of $250.00 and Permit ROW 2004-00617 in the amount of $500.00, for a total of $750.00, in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for DRC 2002-00292, located on the southeast corner of White Oak Avenue and Arrow Route, submitted by Capellino and Associates. RESOLUTION NO. 05-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC 2002-00292 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E20. Approval to accept the Improvements, release all bonds and file a Notice of Completion for improvements for DRC 2002-00728, located on the west side of Azusa Court, west of Milliken Avenue, submitted by Fullmer Construction. RESOLUTION NO. 05-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC 2002-00728 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes February 2, 2005 Page 6 E21. Approval to accept the Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for DRC 2002-00306, located on the north side of Alta Loma Drive, approximately 300 feet west of Haven Avenue, submitted by Glenwood Development. RESOLUTION NO. 05-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC 2002-00306 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E22. Approval to accept the Improvements, release the Faithful Performance Bonds and file a Notice of Completion for improvements for Tract 14381 and Tract 14382, located at the northwest corner of Etiwanda Avenue and Wilson Avenue, submitted by General Electric Capital Corporation. RESOLUTION NO. 05-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC iMPROVEMENTS FOR TRACT 14381 AND TRACT 14382 AND AUTHORIZING THE F~LING OF A NOTICE OF COMPLETION FOR THE WORK E23. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16264, located on the south side of Mountain View Drive between Milliken Avenue and Terra Vista Parkway, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16264 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E24. Approval to accept the 2004/2005 Local Street Pavement Rehabilitation - Slurry Seal of Various Streets, Contract No. 04-076 as complete, release the bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $423,942.00. RESOLUTION NO. 05-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 2004/2005 LOCAL STREET PAVEMENT REHABILITATION - SLURRY SEAL OF VARIOUS STREETS, CONTRACT NO. 04-076 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Michael absent). No Items Submitted. City Council Minutes February 2, 2005 Page 7 II G. ADVERTISED PUBLIC HEARINGS I Gl. CONSIDERATION TO ADOPT AN ORDINANCE THAT ADOPTS BY REFERENCE COUNTY ORDINANCE 3930 RELATING TO THE INSPECTION GRADING OF FOOD ESTABLISHMENTS A staff report was presented by Duane Baker, Assistant to the City Manager. Mayor Alexander stated he no longer feels this is necessary after talking with the Police Chief and the City Manager. He stated he is no longer convinced that this needs to go through. He stated we are currently dealing with the State of California and they are identifying what they call violators in our community for selling tobacco to underaged individuals. He stated they are not sharing the information, nor are these businesses being told they are breaking the law. He stated nobody can get any information who they are except for the Police Depadment. He stated he feels the Ordinance is a good thing, but felt it inconsistent to single out the restaurant owners and not single out the people that are selling tobacco illegally. He stated this makes no sense and until such time we can get some resolution to what is going on with being consistent with our business people, he wanted to put this on hold. Councilmember Spagnolo stated he would like to see this continued until Councilmember Michael comes back. Councilmember Gutierrez stated he would like to see a violation process given with a couple months given to take care of any problems noted before they get a letter grade. He felt his was a questionable Ordinance to act on now. Councilmember Williams stated she would like to postpone this action also. She stated she did not feel someone should be given a B or C grade because of a broken tile or something like that. She stated she agreed with the Mayor's comments on the selling of tobacco. ORDINANCE NO. 739 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, BY REFERENCE, COUNTY OF SAN BERNARDINO ORDINANCE NO. 3930 RELATING TO INSPECTION GRADING OF FOOD ESTABLISHMENTS AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Spagnolo to continues this hearing to March 2, 2005 at 7:00 p.m. in the Council Chambers at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Councilmember Spagnolo stated he was made aware that restaurant owners are required to put a certificate along with the letter grading in the window, which is something that has been in the books, but hasn't been enforced and now is. He definitely felt this should be looked into. Motion carried unanimously 4-0-1 (Michael absent). No Items Submitted. City Council Minutes February 2, 2005 Page 8 I. CITY MANAGER'S STAFF REPORTS I1. CONSIDERATION OF A REQUEST FROM GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) TO HAVE THE CITY DESIGNATE HABITAT TRUST AS A QUALIFIED CONSERVATION ENTITY FOR THE PURPOSE OF THE MANAGING 54 ACRES OF OPEN SPACe- PURSUANT TO AN OPEN SPACE TRANSFER PLAN IN SATISFACTION OF THE REQUIREMENTs OF THE ENVIRONMENTAL iMPACT REPORT AND DEVELOPMENT AGREEMENT FOR TH~- HENDERSON CREEK PROJECT Brad Buller, City Planner, stated he would like to continue this in order for the City Council to review the materials that were handed out. MOTION: Moved by Alexander, seconded by Williams to continue the item to February 16, 2005. Motion carried unanimously 4-0-1 (Michael absent). II J. COUNCIL BUSINESS II J1. CONSIDERATION OF CITY COUNCIL COMMUNITY SERVICES SUBCOMMITI-EE'S RECOMMENDATION TO APPROVE APPOtNTMENTS TO THE BOARD OF DIRECTORS OF THb COMMUNITY FOUNDATION A report was presented by Councilmember Williams. MOTION: Moved by Alexander, seconded by Gutierrez to appoint Angela Knox, Judy Gibson, Harry Gibson and Marian Nelson. Motion carried unanimously 4-0-1 (Michael absent). J2. LEGISLATIVE UPDATE (Oral) Councilmember Williams stated she and City Manager Jack Lam, met with the new Assemblyman Bill Emerson in order to share our concerns and issues for our area. She stated they gave him a list of projects that need funding and also asked him to protect RDA dollars. She stated he would come to City Hall for a neighborhood meeting soon. II K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING 11 No items were identified for the next meeting. II L. PUBLIC COMMUNICATIONS II L1. REQUEST FROM EDWARD SANCHEZ TO DISCUSS "MARGARITAVILLE." City Council Minutes February 2, 2005 Page 9 Mark Davidson, owner of Margarita Beach, formerly known as Margaritaville, wanted to speak to the Council about this matter and stated one of the neighbors near his business wants his business permit to be revoked. He talked about the success of their business and that they have strived to be a good neighbor. He stated they do respect the rights of the neighbors, but felt if problems arise, they should be contacted so they can correct them. He stated they have spoken to Mr. Sanchez in the past and that Captain Ortiz has assisted with their meetings. He felt their meetings were successful and that one of the meetings even resulted in one of his employees being terminated. He stated he has taken measures so that the customers do not park on Estacia and that they have even picked up trash on that street. He indicated he has given Mr. Sanchez his personal phone numbers if there are any problems. He stated he has never been contacted by Mr. Sanchez and that there have not been any complaints filed against him. He stated he respects the rights of Mr. Sanchez and would like the oppodunity to correct the problems that Mr. Sanchez talks about. Ed Sanchez, Estacia, talked about how Margaritaville came into existence. He stated they hold promotions that fill their parking lot. He stated the overflow is on their street where people are drinking, leaving trash and having sex. He talked about meetings he has had with former Rancho Cucamonga Captain, Rodney Hoops, and his staff. He provided more information about their meetings and that the possibility of revoking their CUP was discussed. He stated Mr. Davidson stated he would have a bouncer to keep the parked cars in his parking lot and would also pick up trash from his neighborhood. He told about an instance that occurred where graffiti was sprayed on his van. He felt the owners of Margaritaville fill the kids with cheap liquor and send them out into the streets. He felt this information should be referred to the Planning Commission for review. He felt the City Council should do what is the right for them. Chris Cameron, Pasito, stated she lives perpendicular to Estacia. She stated she has watched girls in her neighborhood drinking and then proceeding to Margaritaville. She stated they have had security monitoring the residential areas. She stated they are constantly picking up beer bottles and that something needs to be done because of these problems that occur every weekend. Klm Weishan, Pasito, stated she has had kids that are drunk knocking on their door and having sex in their parked cars. Marya Black stated she has had kids having sex, drinking, and urinating in their front yard. She stated the Police Department does not get their fast enough. She stated that Margaritaville needs better security and something to take care of the parking lot overflow problem. She does not want her kids to be scared any more. Vicki Schimone, Pasito, stated she has had kids trying to break into her home because they are so drunk. She is fearful for her kids' safety. She stated the kids are racing at 1:00 and 2:00 in the morning and that she wants this to stop. She stated they had been told there would be security on Estacia and Ramona. She stated she has filed reports with the Police Department and that she is tired of living this way. Victoria Sanchez, Estacia, presented photos (on file in the City Clerk's office) of what the kids are doing in front of her house. She told about all the problems they have had in front of her house, but added the biggest problem was her Father's van getting tagged with graffiti. She stated she is so tired of this and hoped their CUP would be revoked. Jim OIson, Estacia, stated the problem he seems to have is after the closing of Margaritaville. He commented on what he finds Sunday mornings such as broken glass, vomit and trash on the streets. He talked about the kids racing on the streets. He did not feel the Police Department is doing enough. He did not feel this behavior should be tolerated. Betty Watkins, Estacia, talked about the kids urinating in her front yard. She wanted to make sure the neighborhood is safe for her grandkids and asked the Council to consider this real hard. City Council Minutes February 2, 2005 Page 10 Rodney Trunnell, Estacia, stated everything that everybody has mentioned has occurred at his house also. He stated there was even a weapon found in front of his house. He felt nothing has been done to help them from the meetings that have occurred with the Police Department. Peggy Sanchez, Estacia, stated they did not call Mr. Davidson every time there were problems because it would not be documented through the Police Department. She did not think this was a very safe situation for her daughter. She stated the Officer that responded to her house one time told her there were not enough Officers on the street to respond as quickly as they would like te. She encouraged Mr. Davidson to pay for better security and have a bouncer that will do something to help them. Emily LaQuay, Pines Mobile Home Park, stated she does hear the kids from the bar racing on the streets. Larry Liberto, Estacia, stated he is tired of this and can't take it any longer. He stated he is tired of people urinating in front of his house. He did not feel the bouncer is doing his job. He asked that they get their neighborhood back. Pat Stevens, Pines Mobile Home Park, stated the noise from the kids makes her mobile home vibrate. She added that Mr. Davidson, the owner of Margaritaville, has been fair and has offered to help with the noise. Councilmember Gutierrez stated both sides have been heard and felt the City needed the Planning Commission to analyze this for the next step. He stated the City Council cares and wants to find a solution. He felt Mr. Davidson should be treated fair and deserves his day in court. He asked what kind of a detriment there is by having the liquor store in the same center. He stated this should be looked into as well. He felt this should be referred to the proper department. He felt Mr. Davidson would do what he could to fix the situation. Mayor Alexander felt nine years is too long for these people to put up with this. He felt the business should be closed until this problem is remedied, but knew the City Council could not do this. He felt the people that are wandering the neighborhoods drunk should be arrested. He stated this would be looked into. Councilmember Williams stated this would be investigated and that the liquor store monitored too so it could be brought into this discussion. She suggested all the businesses should be looked at in that center. L2. John Lyons commented on the restaurant grading system and did not agree with some of the problems this could be creating. L3. Jim Moffit, Red Hill Coffee Shop in Rancho Cucamonga, stated some restaurants are putting their grade in the window even though it is not required. He stated the Health Department comes in and gives them corrective criticism, and some of those comments are not related to the food. He felt there was a lot to be considered before people are given a grade to put in their window. He talked about the food handler's permit that restaurants are required to get. He did not feel the restaurant should be given any tougher problems. L4. A lady (who did not identify herself) thanked Mayor Alexander and Councilmember Spagnole for their concerns and encouragement they gave people to come to the Animal Shelter Subcommittee meeting tomorrow. She stated it is at 1:00 p.m. at City Hall. City Council Minutes February 2, 2005 Page 11 MOTION: Moved by Gutierrez, seconded by Alexander to adjourn. Motion carried unanimously 4-0-1 (Michael absent). The meeting adjourned at 8:37 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219089 1/26/2005 A AND K 30 MIN PHOTO LAB INC 9.63 AP - 00219090 1/26/2005 A AND R TIRE SERVICE 6,504.00 AP - 00219091 1/26/2005 AA EQUIPMENT RENTALS CO INC 76.96 AP-00219092 1/26/2005 ABC LOCKSMITHS 385.75 AP- 00219093 1/26/2005 ABLAC 273.17 AP - 00219094 1/26/2005 ADAMSON, RONALD 957.00 AP - 00219096 1/26/2005 AIM ALL STORAGE 210 LLC 200,000.00 AP - 00219097 1/26/2005 ALL AMERICAN ASPHALT 101,483.53 AP - 00219097 1/26/2005 ALL AMERICAN ASPHALT -10,148.35 AP - 00219098 1/26/2005 ALL WELDING 85.00 AP - 00219099 1/26/2005 ALLEN, SYLVESTER R 56.85 AP - 00219101 1/26/2005 ALPERT PRINTING 2,298.37 AP - 00219103 1/26/2005 ALTA LOMA PSYCHOLOGICAL ASSOCIATES 3,700.00 AP - 00219104 1/26/2005 AMERICAN BUSINESS MACHINES INC. 112.45 AP - 00219105 1/26/2005 AMERICAN CLASSIC SANITATION INC. 69.70 AP - 00219106 1/26/2005 AMTECH ELEVATOR SERVICES 184.68 AP- 00219107 1/26/2005 ARBITRONINC 4,525.50 AP- 00219109 1/26/2005 ARCHITERRADESIGN GROUP 4,550.00 AP - 00219109 1/26/2005 ARCHITERRA DESIGN GROUP 1,728.00 AP - 00219109 112612005 ARCHITERRA DESIGN GROUP 432.00 AP - 00219110 ' 1/26/2005 ARROWHEAD CREDIT UNION 45.85 AP - 00219110 112612005 ARROWHEAD CREDIT UNION 25.99 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 125.51 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 47.71 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 275.40 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 320.59 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 1,350.00 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 32.27 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 23.90 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 51.42 ' AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 18.11 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 167.90 AP - 00219110 ii2612005 ARROWHEAD CREDIT UNION 520.54 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 31.23 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 824.69 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 71.56 AP - 00219110 1/26/2005 ARROWHEAD CREDIT UNION 40.86 AP - 00219111 1/26/2005 ASSI SECURITY 325.00 AP - 00219111 1/26/2005 ASSI SECURITY 1,025.00 AP ~ 00219112 1/26/2005 ASSOCIATED GROUP 60.00 AP- 00219112 1/26/2005 ASSOCIATED GROUP 1,558.59 AP- 00219113 1/26/2005 AVANTE INC. 24.00 AP - 00219115 1/26/2005 B AND K ELECTRIC WHOLESALE 50.43 AP - 00219115 1/26/2005 B AND K ELECTRIC WHOLESALE 152.35 AP - 00219115 1/26/2005 B AND K ELECTRIC WHOLESALE 477.84 AP - 00219116 1/26/2005 BAKER, SHARI 600.00 AP - 00219117 1/26/2005 BEARD PROVENCHER AND ASSOC 9,960.00 AP - 00219117 1/26/2005 BEARD PROVENCHER AND ASSOC 4,260.00 AP - 00219117 1/26/2005 BEARD PROVENCHER AND ASSOC 17,653.00 AP - 00219117 1/26/2005 BEARD PROVENCHER AND ASSOC 12,627.00 AP- 00219118 1/26/2005 BEST BEST AND KRIEGER 3,240.48 AP - 00219119 1/26/2005 BURR CYCLES INC, JOHN 85.80 AP- 00219119 1/26/2005 BURR CYCLES INC, JOHN 128.53 User: AHAWORTH - Ann Haworth Page: 1 Current Date: 02/08/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ~08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP- 00219119 1126/2005 BURR CYCLES INC, JOHN 616.55 AP - 00219119 1/26/2005 BURR CYCLES INC, JOHN 170.99 AP- 00219119 1/26/2005 BURR CYCLES INC, JOHN 183.00 AP- 00219121 1/26/2005 C.W. DRIVER CONTRACTORS 20,452.00 AP - 00219123 1/26/2005 CALiFORNIA BOARD OF EQUALIZATION, STAT 1,000.57 AP - 00219124 1/26/2005 CALiFORNIA PUBLIC EMPLOYEES 71,738.98 AP 00219125 1/26/2005 CALIFORNIA, STATE OF 25.00 AP 00219126 1/26/2005 CALIFORNIA, STATE OF 22.50 AP 00219127 1/26/2005 CAPE ACCOUNTING 35.00 AP 00219128 1/26/2005 CENTRAL CITIES SIGNS INC 364.20 AP 00219128 1/26/2005 CENTRAL CITIES SIGNSINC 290.93 AP 00219128 1/26/2005 CENTRAL CITIES SIGNSINC 5.87 AP 00219129 1/26/2005 CERTIFIED AUTO CARE 293.72 AP 00219129 1/26/2005 CERTIFIED AUTO CARE 124.79 AP 00219129 1/26/2005 CERTIFIED AUTO CARE 322.71 AP 00219130 1/26/2005 CHAMPION AWARDS AND SPECIALIES 630.33 AP - 00219131 1/26/2005 CHOICE POINT BUSINESS AND GOVERNMENT: 86.00 AP- 00219132 1/26/2005 CLOUT 20.00 AP- 00219132 1/26/2005 CLOUT 20.00 AP- 00219132 1/26/2005 CLOUT 20.00 AP- 00219132 1/26/2005 CLOUT 20.00 AP- 00219132 1/26/2005 CLOUT 20.00 AP- 00219133 1/26/2005 COAST RECREATION INC 355.38 AP- 00219134 1/26/2005 COMP USA INC 2,071.00 AP- 00219134 1/26/2005 COMP USA INC 8,485.91 AP- 00219134 1/26/2005 COMP USA INC 1,182.57 AP- 00219134 1/26/2005 COMP USA INC 2,630.18 AP - 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00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 144.78 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 234.48 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 366.73 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 416.18 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 133.38 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 107.28 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 285.08 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 137.88 User: AHAWORTH - Ann Haworth Page: 2 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2~7~2005 Check No. Check Date Vendor Name Amount AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 85.08 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 266.11 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 308.54 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 67.03 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 205.83 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 321.88 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 139.03 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 185.03 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 421.93 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 17.23 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 144.78 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 167.78 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 415.03 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 236.78 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 23.63 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 44.03 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 63.58 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 50.93 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 23.00 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 454.13 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 348.33 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 271.28 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 33.68 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 128.68 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 65.43 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 87.28 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 532.33 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 578.33 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 50.48 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 509.33 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 294.28 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 51.23 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 80.48 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 89.68 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 323.13 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 264.38 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 145.93 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 373.63 AP- 0021~141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 122.99 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 122.99 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 211.34 AP - 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 44.33 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 1,273.21 AP- 00219141 1/26/2005 CUCAMONGA VALLEY WATER DISTRICT 132.13 AP- 00219142 1/26/2005 DAN GUERRA AND ASSOCIATES 12,907.50 AP - 00219143 1/26/2005 DAPPER TIRE CO 1,450.97 AP - 00219143 1/26/2005 DAPPER TIRE CO 1,520.06 AP - 00219143 1/26/2005 DAPPER TIRE CO 1,450.97 AP - 00219143 1/26/2005 DAPPER TIRE CO 144.75 AP - 00219143 1/26/2005 DAPPER TIRE CO -1,520.06 AP-00219144 1/26/2005 DATAQUICK 93.50 AP - 00219145 1/26/2005 DEER CREEK CAR CARE CENTER 89.00 AP - 00219146 1/26/2005 DIETERICH INTERNATIONAL TRUCK 14.90 User: AHAWORTH - Ann Haworth Page: 3 Current Date: 02/08/20¢ Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ,,.~08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP- 00219147 1/26/2005 DOMINGUEZ, ROBERTO 1,567.50 AP - 00219149 1/26/2005 DPDG FUND III LLC 8,036.00 AP- 00219150 1/26/2005 EDMISTON, WALT 286.59 AP- 00219151 1/26/2005 EGGERS, ROBERT A. 543.00 AP-00219152 1/26/2005 EMCORSERVICE 8,410.00 AP- 00219153 1/26/2005 EMERGENCY MEDICAL PRODUCTS 119.05 AP - 00219153 1/26/2005 EMERGENCY MEDICAL PRODUCTS 678.88 AP - 00219154 1/26/2005 EMPIRE MOBILE HOME SERVICE 4,128.22 AP- 00219154 1/26/2005 EMPIRE MOBILE HOME SERVICE 1,536.58 AP - 00219154 1/26/2005 EMPIRE MOBILE HOME SERVICE 975.38 AP - 00219156 1/26/2005 ETIWANDA HIGH SCHOOL 500.00 AP - 00219157 1/26/2005 EXCLUSIVE EMAGES 34.48 AP-00219157 1/26/2005 EXCLUSIVEEMAGES 38.79 AP- 00219157 t/26/2005 EXCLUSIVEEMAGES 105.60 AP- 00219157 1/26/2005 EXCLUSIVEEMAGES 9.70 AP- 00219157 1/26/2005 EXCLUSIVEEMAGES 9.70 AP - 00219158 1/26/2005 EXPRESS BRAKE SUPPLY 47.59 AP - 00219159 1/26/2005 FASTENAL COMPANY 48.55 AP - 00219159 1/26/2005 FASTENAL COMPANY 16.82 AP - 00219160 1/26/2005 FEDERAL EXPRESS CORP 26.57 AP - 00219160 1/26/2005 FEDERAL EXPRESS CORP 8.59 AP - 00219160 1/26/2005 FEDERAL EXPRESS CORP 15.97 AP - 00219160 1/26/2005 FEDERAL EXPRESS CORP 15.49 AP- 00219160 1/26/2005 FEDERAL EXPRESS CORP 11.00 AP- 00219161 1/26/2005 FINESSE PERSONNEL ASSOCIATES 510.00 AP- 00219161 1/26/2005 FINESSE PERSONNEL ASSOCIATES 651.00 AP- 00219161 1/26/2005 FINESSE PERSONNEL ASSOCIATES 840.00 AP - 00219163 1/26/2005 FOOTHILL CARPET AND MATTRESS 2,350.00 AP - 00219164 1/26/2005 FOOTHILL FAMILY SHELTER 417.00 AP - 00219165 1/26/2005 FORD OF UPLAND INC 12.89 AP- 00219166 1/26/2005 FRASURE, MIKE 43.09 AP- 00219167 1/26/2005 GILLI, CHRIS 237.44 AP- 00219168 1/26/2005 GOLD'NWEST SURPLUS 1,790.00 AP- 00219169 1/26/2005 GRAINGER, WW 11.40 AP - 00219170 1/26/2005 HACKETT, JAMES 62.00 AP-00219171 1/26/2005 HAKIMI, SUSAN 295.62 AP - 00219172 1/26/2005 HARALAMBOS BEVERAGE COMPANY 230.76 AP - 00219173 1/26/2005 HARDY, BRADLEY 260.50 AP - 00219174 1/26/2005 HILLSIDE COMMUNITY CHURCH 2,400.00 AP - 00219175 1/26/2005 HINDERLITER DE LLAMAS AND ASSOCIATES 1,200.00 AP- 00219175 1/26/2005 HINDERLITER DE LLAMAS AND ASSOCIATES 1,387.01 AP - 00219176 1/26/2005 I-FMC PROFESSIONAL SERVICES LLC. 550.00 AP- 00219177 1/26/2005 HOME DEPOT CREDIT SERVICES 402.49 AP- 00219177 1/26/2005 HOME DEPOT CREDIT SERVICES 387.89 AP - 00219177 1/26/2005 HOME DEPOT CREDIT SERVICES 39.86 AP - 00219178 1/26/2005 HOMELESS OUTREACH PRGMS AND EDUCATI( 533.00 AP- 00219179 1/26/2005 HOSE MAN INC 53.45 AP - 00219180 1/26/2005 HOUSE OF RUTH 633.00 AP - 00219182 1/26/2005 HUANG, PRUDENCE 1,800.00 AP - 00219183 1/26/2005 HURST, CHERYL 288.50 AP - 00219184 1/26/2005 HYDROSCAPE PRODUCTS INC 446.59 AP- 00219185 1/26/2005 IBM CORPORATION 252.75 AP - 00219186 1/26/2005 ICI DULUX PAINT CENTERS 248.36 User: AHAWORTH - Ann Haworth Page: 4 Current Date: 02/08/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:t] 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219187 1/26/2005 INDEPENDENT ELECTRONICS 769.50 AP - 00219188 1/26/2005 INDUSTRIAL SUPPLY COMPANY 16.91 AP - 00219189 1/26/2005 INLAND FAIR HOUSING AND MEDIATION 906.98 AP - 00219189 1/26/2005 INLAND FAIR HOUSING AND MEDIATION 945.64 AP - 00219189 1/26/2005 INLAND FAIR HOUSING AND MEDIATION 644.31 AP - 00219190 t/26/2005 INTERSTATE BATTERIES 449.93 AP - 00219190 1/26/2005 INTERSTATE BATTERIES 69.56 AP - 00219191 1/26/2005 INTRAVAIA ROCK AND SAND INC 100~00 AP - 00219191 1/26/2005 INTRAVAIA ROCK AND SAND INC 25.00 AP - 00219191 1/26/2005 INTRAVAIA ROCK AND SAND INC 572.55 AP - 00219191 1/26/2005 INTRAVAIA ROCK AND SAND INC 150.00 AP- 00219192 1/26/2005 IRON MOUNTAIN OSDP 417.50 AP-00219193 1/26/2005 IRRIGATION ASSOCIATION 25.00 AP- 00219194 1/26/2005 IVY LEATHERWORKS-BACON HOLSTER CO 115.83 AP- 00219195 1/26/2005 JACKSON HIRSH INC 138.14 AP- 00219196 1/26/2005 JONES, BOB 2,240.00 AP - 00219197 1/26/2005 JW'S AERIAL PHOTOGRAPHY 300.00 AP - 00219198 1/26/2005 KAISER FOUNDATION HEALTH PLAN INC 63,202.42 AP - 00219198 1/26/2005 KAISER FOUNDATION HEALTH PLAN INC 961.84 AP- 00219199 1/26/2005 KING, BRENDA 36.00 AP - 00219200 1/26/2005 KLAUS AND SONS 7,595.00 AP - 00219202 1/26/2005 LIEBERT CASSIDY WHITMORE 5,568.00 AP - 00219203 1/26/2005 LOS ANGELES COCA COLA BTL CO 475.44 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 1,699.49 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 14,086.77 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 517.36 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 5,029.69 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 2,661.42 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 4,454.75 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 1,040.66 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 766.73 AP - 00219205 1/26/2005 MARiPOSA HORTICULTURAL ENT INC 57.77 AP - 00219205 1/26/2005 MARIPOSA HORTICULTURAL ENT INC 278.25 AP - 00219205 1/26/2005 MAR1POSA HORTICULTURAL ENT INC 1,124.02 AP - 00219206 1/26/2005 MARTINEZ UNION SERVICE 45.00 AP - 00219207 1/26/2005 MCMASTER CARR SUPPLY COMPANY 56.33 AP - 00219207 1/26/2005 MCMASTER CARR SUPPLY COMPANY 96.68 AP - 00219207 1/26/2005 MCMASTER CARl[ SUPPLY COMPANY 540.83 AP - 00219207 1/26/2005 MCMASTER CARR SUPPLY COMPANY 126.32 AP - 00219208 1/26/2005 MIDWEST TAPE 148.92 AP- 00219208 1/26/2005 MIDWEST TAPE 591.74 AP- 00219209 1/26/2005 MMASC 28.00 AP ~ 00219209 1/26/2005 MMASC 28.00 AP - 00219210 1/26/2005 MOUNTAIN VIEW GLASS AND MIRROR 102.34 AP - 00219211 1/26/2005 MULBERRY EARLY LEARNING 200.00 AP - 00219212 1/26/2005 N M A DUES C/O DAVID MCDONALD 8.31 AP - 00219213 1/26/2005 NATIONAL DEFERRED 25,627.52 AP- 00219214 1/26/2005 NATIONAL EVENT SERVICES 533.09 AP - 00219214 1/26/2005 NATIONAL EVENT SERVICES 138.24 AP- 00219214 1/26/2005 NATIONAL EVENT SERVICES 671.33 AP- 00219215 1/26/2005 NATIONS RENT 26.94 AP- 00219215 1/26/2005 NATIONS RENT 2.70 AP-00219215 1/26/2005 NATIONS RENT 26.94 User: AHAWORTH - Ann Haworth Page: 5 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~ 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP- 00219215 1/26/2005 NATIONS RENT 53.88 AP - 00219216 1/26/2005 NEC BUSINESS NETWORK SOLUTIONS INC 15,363.40 AP - 00219217 1/26/2005 NESTOR TRAFFIC SYSTEMS 16,920.00 AP - 00219218 1/26/2005 NEWPORT PRINTING SYSTEMS 99.31 AP- 00219219 1/26/2005 NEXTELCOMMUNICATIONS 1,953.40 AP - 00219220 1/26/2005 O C B REPROGRAPHICS INC 37.98 AP - 00219220 1/26/2005 O C B REPROGRAPHICS INC 167.01 AP - 00219220 1/26/2005 O C B REPROGRAPHICS INC 83.51 AP - 00219220 1/26/2005 O C B REPROGRAPHICS INC 35.02 AP - 00219220 1/26/2005 O C B REPROGRAPHICS INC 35.02 AP - 00219221 1/26/2005 OFFICE DEPOT 79.40 AP - 00219221 1/26/2005 OFFICE DEPOT 10.65 AP - 00219221 1126/2005 OFFICE DEPOT 11.38 AP ~ 00219221 ' 1/26/2005 OFFICE DEPOT 5.66 AP- 00219221 1/26/2005 OFFICE DEPOT 14.88 AP-00219221 1/26/2005 OFFICE DEPOT 67.87 AP - 00219221 1/26/2005 OFFICE DEPOT 8.96 AP - 00219221 1/26/2005 OFFICE DEPOT 95.89 AP - 00219221 1/26/2005 OFFICE DEPOT 89.13 AP - 00219221 1/26/2005 OFFICE DEPOT 20.69 AP - 00219221 1/26/2005 OFFICE DEPOT 764.85 AP - 00219222 1/26/2005 ORCHARD SUPPLY HARDWARE 6.44 AP -00219222 1/26/2005 ORCHARD SUPPLY HARDWARE 232.65 AP - 00219222 1/26/2005 ORCHARD SUPPLY HARDWARE 12.37 AP - 00219222 1/26/2005 ORCHARD SUPPLY HARDWARE 193.94 AP - 00219222 1/26/2005 ORCHARD SUPPLY HARDWARE 339.11 AP - 00219222 1/26/2005 ORCHARD SUPPLY HARDWARE 60.29 AP - 00219222 1/26/2005 ORCHARD SUPPLY HARDWARE 21.54 AP- 00219224 1/26/2005 OWEN ELECTRIC 589.16 AP- 00219224 1/26/2005 OWEN ELECTRIC 14.36 AP - 00219224 1/26/2005 OWEN ELECTRIC 474.49 AP - 00219224 1/26/2005 OWEN ELECTRIC 39.57 AP - 00219224 1/26/2005 OWEN ELECTRIC 4,250.04 AP- 00219225 1/26/2005 PARSAC 3,234.00 AP- 00219225 1/26/2005 PARSAC 2,161.00 AP- 00219226 1/26/2005 PATTON SALES CORP 161.01 AP - 00219226 1/26/2005 PATTON SALES CORP 480.53 AP- 00219228 1/26/2005 PEP BOYS 56.18 AP- 00219229 1/26/2005 PINCOTT, JOHN 412.00 AP- 00219230 1/26/2005 POUK AND STEINLE INC. 149,032.25 AP - 00219230 1/26/2005 POUK AND STEINLE INC. 84,680.00 AP - 00219230 1/26/2005 POUK AND STEINLE INC. -8,468.00 AP- 00219230 1/26/2005 POUK AND STEINLE INC. 1,377.81 AP- 00219231 1/26/2005 POWERPLUS 25.00 AP- 00219231 1/26/2005 POWERPLUS 25.00 AP - 00219232 1/26/2005 PRE-PAID LEGAL SERVICES INC 143.01 AP - 00219233 1/26/2005 PRECISION AEROSPACE CORP 427.54 AP - 00219234 1/26/2005 PRINCIPAL LIFE 1,681.30 AP - 00219235 1/26/2005 PRINCIPAL LIFE 16,084.69 AP- 00219237 1/26/2005 PROJECT SISTER 1,267.12 AP - 00219238 1/26/2005 PRUDENTIAL OVERALL SUPPLY 7.00 AP - 00219238 1/26/2005 PRUDENTIAL OVERALL SUPPLY 7.00 AP - 00219238 1/26/2005 PRUDENTIAL OVERALL SUPPLY 7.00 User: AHAWORTH - Ann Haworth Page: 6 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ,.~ 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219238 1/26/2005 PRUDENTIAL OVERALL SUPPLY 7.00 AP - 00219241 1/26/2005 QUINTANA, ZITA 193.00 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 484.45 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 144.39 'AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 125.34 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 257.39 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 244.51 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 32.89 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 242.43 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 148.26 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 873.39 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 472.81 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 284.35 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 1,637.44 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 267.43 AP- 00219242 1/26/2005 R AND R AUTOMOTIVE 41.92 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 56.08 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 82.53 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 317.90 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 32.89 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 74.20 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 315.91 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 49.20 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 122.51 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 340.71 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 41.92 AP- 00219242 1/26/2005 R AND R AUTOMOTIVE 41.92 'AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 208.46 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE' 165.00 AP - 00219242 1/26/2005 R AND R AUTOMOTIVE 41.92 AP - 00219243 1/26/2005 RANCHO CUCAMONGA FAMILY YMCA 500.00 AP - 00219243 1/26/2005 RANCHO CUCAMONGA FAMILY YMCA 1,250.00 AP - 00219244 1/26/2005 RBM LOCK AND KEY SERVICE 55.00 AP - 00219245 1/26/2005 RDO EQUIPMENT COMPANY 499.96 AP- 00219246 1/26/2005 RED WING SHOE STORE 137.37 AP - 00219247 1/26/2005 REINHARDTSEN, DEBRA 282.50 AP - 00219248 1/26/2005 REPUBLIC ELECTRIC 6,272.04 AP - 00219248 1/26/2005 REPUBLIC ELECTRIC 6,272.04 AP - 00219250 1/26/2005 RIVERSIDE CO DEPT CHILD SUPPORT 250.00 AP - 00219251 1/26/2005 RIVERSIDE CO DEPT CHILD SUPPORT 226.00 AP- 00219253 1/26/2005 ROUCH, PETER A 50.00 AP - 00219254 1/26/2005 S B AND O INC 3,600.00 AP- 00219254 1/26/2005 S B AND O INC 1,342.44 AP- 00219255 1/26/2005 SADIE CONSTRUCTION INC 24,939.00 AP - 00219256 1/26/2005 SAN BERNARDINO COUNTY SHERIFFS DEPT 246.00 AP - 00219256 1/26/2005 SAN BERNARD[NO COUNTY SHERIFFS DEPT 320.00 AP - 00219257 1/26/2005 SAN BERNARD[NO COUNTY 28,525.50 AP - 00219258 1/26/2005 SAN BERNARD[NO CTY CHILD SUPPORT PAYM 213.50 AP - 00219259 1/26/2005 SANTA ANA REGIONAL WATER QUALITY CON 60.00 AP - 00219260 1/26/2005 SBC LONG DISTANCE 5.62 AP- 00219261 1/26/2005 SBC 4,444.16 AP- 00219261 1/26/2005 SBC 1,354.39 AP- 00219261 1/26/2005 SBC 1,354.39 User: AHAWORTH - Ann Haworth Page: 7 Current Date: 02/08/2012 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:.,~ 08:30:3 7 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP- 00219261 1/26/2005 SBC 110.82 AP- 00219261 1/26/2005 SBC 110.90 AP - 00219262 1/26/2005 SCMAF 60.00 AP - 00219263 1/26/2005 SCOTT, DIANA 250.00 AP - 00219264 1/26/2005 SESAC INC 1,048.00 AP - 00219265 1/26/2005 SHERWIN WILLIAMS CO, THE 165.61 AP - 00219267 1/26/2005 SIGN SHOP, THE 111.20 AP- 00219267 1/26/2005 SIGN SHOP, THE 1,247.58 AP - 00219268 1/26/2005 SILVIA CONSTRUCTION 1NC 173,058.32 AP- 00219268 1/26/2005 SILVIA CONSTRUCTION INC -17,305.83 AP - 00219269 1/26/2005 SMART AND FINAL 72.90 AP - 00219270 1/26/2005 SO CALIF GAS COMPANY 477.47 AP - 00219270 1/26/2005 SO CALIF GAS COMPANY 1,397.06 AP - 00219270 1/26/2005 SO CALIF GAS COMPANY 799.96 AP- 00219271 1/26/2005 SOCIAL VOCATIONAL SERVICES 100.00 AP - 00219271 1/26/2005 SOCIAL VOCATIONAL SERVICES 200.00 AP - 00219271 1/26/2005 SOCIAL VOCATIONAL SERVICES 882.07 AP- 00219271 1/26/2005 SOCIAL VOCATIONAL SERVICES 957.06 AP - 00219271 1/26/2005 SOCIAL VOCATIONAL SERVICES 150.00 AP - 00219271 1/26/2005 SOCIAL VOCATIONAL SERVICES 150.00 AP - 00219273 1/26/2005 SOUTHERN CALIFORNIA EDISON 2,039.84 AP - 00219274 1/26/2005 SOUTHLAND SPORTS OFFICIALS 664.00 AP-00219275 1/26/2005 SPAGNOLO, SAM 508.50 AP- 00219276 1/26/2005 SPARKLETTS 75.75 AP - 00219277 1/26/2005 STEELWORKERS OLDTIMERS FOUNDATION 708.33 AP - 00219278 1/26/2005 STEIN,JAMES 500.00 AP - 00219279 1/26/2005 STERLING COI~i~ISE SERVICE 660.77 AP- 00219280 1/26/2005 STOFA, JOSEPH 15.00 AP- 00219281 1/26/2005 STORAGE WEST 385.90 AP - 00219282 1/26/2005 SUNRISE LIFE DEVELOPMENT 2,789.58 AP- 00219284 1/26/2005 TMOBILE 44.68 AP - 00219285 1/26/2005 TANNER RECOGNITION COMPANY, O C 75.43 AP - 00219285 1/26/2005 TANNER RECOGNITION COMPANY, O C 841.45 AP - 00219285 1/26/2005 TANNER RECOGNITION COMPANY, O C 983.96 AP - 00219286 1/26/2005 TAUSSIG AND ASSOCIATES INC, DAVID 252.86 AP - 00219286 1/26/2005 TAUSSIG AND ASSOCIATES INC, DAVID 117.76 AP - 00219289 1/26/2005 TIME WARNER TELECOM 1,287.45 AP - 00219290 1/26/2005 TOMMY AUSTINS FLORIST 102.90 AP - 00219291 1/26/2005 TRUGREEN LANDCARE 1,612.00 AP - 00219291 1/26/2005 TRUGREEN LANDCARE 3,203.17 AP - 00219291 1/26/2005 TRUGREEN LANDCARE 4,228.54 AP- 00219291 1/26/2005 TRUGREEN LANDCARE 3,083.60 AP - 00219291 1/26/2005 TRUGREEN LANDCARE 20,061.60 AP - 00219291 1/26/2005 TRUGREEN LANDCARE 1,654.25 AP - 00219291 1/26/2005 TRUGREEN LANDCARE 2,464.39 AP - 00219292 1/26/2005 TYPECARE 55.00 AP - 00219293 1/26/2005 UNIFIRST UNIFORM SERVICE 122.63 AP - 00219293 1/26/2005 UNIFIRST UNIFORM SERVICE 24.56 AP - 00219293 1/26/2005 UNIFIRST UNIFORM SERVICE 885.29 AP - 00219293 1/26/2005 UNIFIRST UNIFORM SERVICE 38.12 AP - 00219294 1/26/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 995.69 AP - 00219295 1/26/2005 UNITED STATES POSTAL SERVICE 150.00 AP- 00219296 1/26/2005 UNITEDWAY 580.32 User: AHAWORTH - Ann Haworth Page: 8 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ~ 08:30:3 O CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219298 1/26/2005 UPS 64.00 AP-00219298 1/26/2005 UPS 65.58 AP - 00219299 1/26/2005 US POSTMASTER 824.00 AP- 00219300 1/26/2005 VALLEY BASEBALL CLUB INC 15,453.31 AP - 00219301 1/26/2005 VALLEY CREST NURSERY 591.34 AP - 00219303 1/26/2005 VERIZON WIRELESS 293.00 AP - 00219305 1/26/2005 VERIZON 28.55 AP-00219305 1/26/2005 VERIZON 113.93 AP - 00219305 1/26/2005 VERIZON 150.98 AP - 00219305 1/26/2005 VERIZON 62.62 AP - 00219305 1/26/2005 VERIZON 29.48 AP 00219305 1/26/2005 VERIZON 29.96 AP 00219305 1/26/2005 VERIZON 0.45 AP 00219305 1/26/2005 VERIZON 29.48 AP 00219305 1/26/2005 VERIZON 37.71 AP 00219305 1/26/2005 VERIZON 132.37 AP 00219305 1/26/2005 VERIZON 28.51 AP 00219305 1/26/2005 VERIZON 91.53 AP-00219305 1/26/2005 VERIZON 20.70 AP - 00219305 1/26/2005 VERIZON 60.37 AP - 00219305 1/26/2005 VERIZON .28.51 AP - 00219305 1/26/2005 VERIZON 91.95 AP - 00219305 1/26/2005 VERIZON 24.02 AP - 00219305 1/26/2005 VERLZON 28.65 AP - 00219305 1/26/2005 VERLZON 20.70 AP - 00219305 1/26/2005 VERIZON 29.64 AP - 00219305 1/26/2005 VERIZON 29.00 AP-00219305 1/26/2005 VERIZON 562.15 AP - 00219305 1/26/2005 VERIZON 57.02 AP- 00219305 1/26/2005 VERIZON 331.72 AP- 00219305 1/26/2005 VERIZON 88.50 AP - 00219305 1/26/2005 VERIZON 0.25 AP-00219305 1/26/2005 VERIZON 390.87 AP- 00219305 1/26/2005 VERIZON 91.53 AP-00219305 1/26/2005 VERIZON 91.53 AP-00219305 1/26/2005 VERIZON 91.53 AP - 00219305 1/26/2005 VERIZON 63.70 AP-00219305 1/26/2005 VERIZON 91.95 AP- 00219305 1/26/2005 VERIZON 9).53 AP- 00219305 1/26/2005 VERIZON 91.53 AP- 00219305 1/26/2005 VERIZON 91.53 AP - 00219305 1/26/2005 VERIZON 152.39 AP- 00219305 1/26/2005 VERIZON 91.53 AP- 00219305 1/26/2005 VERIZON 91.53 AP- 00219305 1/26/2005 VERIZON 91.95 AP - 00219305 1/26/2005 VER1ZON 91.53 AP - 00219305 1/26/2005 VERIZON 20.70 AP - 00219305 1/26/2005 VERJZON 28.51 AP - 00219305 1/26/2005 VERIZON 28.90 AP - 00219305 1/26/2005 VERIZON 91.95 AP - 00219305 1/26/2005 VERIZON 20.70 AP - 00219305 1/26/2005 VERIZON 20.70 AP - 00219305 1/26/2005 VERIZON 29.68 User: AHAWORTH - Ann Haworth Page: 9 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:q 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP- 00219305 1/26/2005 VERIZON 34.22 AP - 00219305 1/26/2005 VERIZON 29.64 AP- 00219305 1/26/2005 VERIZON 29.48 AP - 00219305 1/26/2005 VERIZON 20.70 AP-00219305 1/26/2005 VERIZON 91.53 AP-00219305 1/26/2005 VERIZON 28.51 AP 00219305 1/26/2005 VERIZON 191.59 AP 00219305 1/26/2005 VERIZON 31.02 AP 00219305 1/26/2005 VERIZON 131.09 AP 00219306 1/26/2005 VERIZON 64.90 AP 00219307 1/26/2005 VIGILANCE, TERRENCE 400.00 AP 00219308 1/26/2005 VOLM, LIZA 112.50 AP - 00219309 1/26/2005 VULCAN MATERIALS LA DISTR 230.30 AP - 00219309 1/26/2005 VULCAN MATERIALS LA DISTR 214.09 AP- 00219309 1/26/2005 VULCAN MATERIALS LA DISTR 158.12 AP - 00219309 1/26/2005 VULCAN MATERIALS LA DISTR 229.15 AP ~ 00219310 1/26/2005 WALTERS WHOLESALE ELECTRIC CO 123.94 AP - 00219310 1/26/2005 WALTERS WHOLESALE ELECTRIC CO 7.45 AP- 00219310 1/26/2005 WALTERS WHOLESALE ELECTRIC CO -91.59 AP - 00219310 1/26/2005 WALTERS WHOLESALE ELECTRIC CO 69.87 AP - 00219311 1/26/2005 WARD, DESIREE 452.50 AP- 00219312 1/26/2005 WAXIE SANITARY SUPPLY 513.86 AP- 00219312 1/26/2005 WAXIE SANITARY SUPPLY 964.36 AP- 00219312 1/26/2005 WAXIE SANITARY SUPPLY 283.87 AP - 00219314 1/26/2005 WEST END FAMILY COUNSELING SERVICES 360.00 AP - 00219314 1/26/2005 WEST END FAMILY COUNSELING SERVICES 1,160.00 AP- 00219315 1/26/2005 WILBERTON, DENISE 264.00 AP - 00219316 1/26/2005 WITTER, JOANNE 320.00 AP - 00219317 1/26/2005 WYATT OBERLENDER, YVONNE 6.90 AP - 00219318 1/26/2005 XEROX CORPORATION 32.55 AP- 00219320 1/27/2005 AMERICAN LANDSCAPE INC 139,733.61 AP - 00219320 1/27/2005 AMERICAN LANDSCAPE INC -13,973.36 AP - 00219321 1/27/2005 SOUTHERN CALIFORNIA EDISON 26.67 AP - 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 14,992.80 AP- 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 12,120.96 AP- 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 4,212.90 AP - 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 2,868.67 AP - 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 2,727.75 AP - 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 44.24 AP- 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 181.47 AP- 00219322 1/27/2005 SOUTHERN CALIFORNIA EDISON 39,814.04 AP - 00219323 1/27/2005 SOUTHERN cALIFoRNIA EDISON 19,429.89 AP - 00219323 1/27/2005 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00219323 1/27/2005 SOUTHERN CALIFORNIA EDISON 12,120.96 AP - 00219323 1/27/2005 SOUTHERN CALIFORNIA EDISON 4,212.90 AP - 00219323 1/27/2005 SOUTHERN CALIFORNIA EDISON 2,868.67 AP - 00219323 1/27/2005 SOUTHERN CALIFORNIA EDISON 2,727.75 AP - 00219323 1/27/2005 SOUTHERN CALIFORNIA EDISON 44.24 AP - 00219323 .1/27/2005 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00219323 1/27/2005 SOUTHERN CALIFORNIA EDISON 50,150.30 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 560.52 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 6,152.00 User: AHAWORTH - Ann Haworth Page: 10 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: · 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 2,572.87 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 2,699.59 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 3,474.82 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 115.66 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 115.61 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 88.55 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 89.51 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 48.09 AP - 00219324 1/27/2005 SOUTHERN CALIFORNIA EDISON 53.36 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDIS ON 15.14 AP - 00219327 1/31/2005 S OLITHERN CALIFORNIA EDIS ON 21.23 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 68.26 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 283.76 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 53.36 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 16.35 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 55.30 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.40 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 105.47 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 24.24 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 59.36 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.48 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.10 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.50 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 20.29 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 24.53 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 106.67 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 31.65 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 26.87 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 19.25 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 19.70 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 17.08 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 19.07 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP- 00219327 t/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP- 00219327 1/31/2005 SOUTHERN CAL1FORNIAEDISON 15.00 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDIS ON 15.10 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.48 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 76.85 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.50 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 124.69 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 96.10 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 64.77 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 102.13 AP- 00219327 1/31/2005 SOLITHERN CALIFORNIA EDISON 15.76 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 88.12 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDIS ON 15.14 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 80.81 User: AHAWORTH - Ann Haworth Page: 11 Current Date: 02/08/20t2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Tim~// 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 28.83 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 108.27 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 55.25 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 27.79 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 19.81 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 30.20 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 85.85 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 93.73 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 16.33 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 84.57 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 32.64 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 36.54 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 1,643.23 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.10 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.37 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 389.33 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.74 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 127.51 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 180.31 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 3.53 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 2,854.27 AP ~ 00219327 1/31/2005. SOUTHERN CALIFORNIA EDISON 15.64 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 207.92 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 112.61 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 120.98 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 126.58 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 136.41 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 112.36 AP- 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 17.24 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 19.69 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 119.98 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 19.82 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 115.58 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 91.94 AP - 00219327 1/31/2005 SOUTHERN CALIFORNIA EDISON 146.81 AP - 00219328 2/2/2005 ABLAC 16.39 AP - 00219330 2/2/2005 ADAMSON, RONALD 1,287.00 AP - 00219331 2/2/2005 AEI-CASC ENGINEERING INC. 750.00 AP - 00219332 2/2/2005 AIR CONTROLLED ENVIRONMENTS 50.00 AP - 00219336 2/2/2005 AMERICAN CLASSIC SANITATION 1NC. 179.11 AP - 00219337 2/2/2005 ANDREWIN, MELISSA 348.07 AP - 00219338 2/2/2005 AUFBAU CORPORATION 9,312.00 AP - 00219338 2/2/2005 AUFBAU CORPORATION 3,880.00 User: AHAWORTH - Ann Haworth Page: 12 Current Date: 02~08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219339 2/2/2005 AVHQ 175.00 AP - 00219340 2/2/2005 BACKSTAGE WEST 80.00 AP - 00219341 2/2/2005 BARNES AND NOBLE 285.31 AP - 00219341 2/2/2005 BARNES AND NOBLE 80.75 AP - 00219343 2/2/2005 BENGTZEN, WANDA 140.00 AP - 00219343 2/2/2005 BENGTZEN, WANDA 190.00 AP - 00219345 2/2/2005 BOLT CONSTRUCTION 3,000.00 AP - 00219348 2/2d2005 CAL PERS LONG TERM CARE 315.92 AP - 00219349 2/2/2005 CALBO 370.00 AP - 00219350 2/2/2005 CAMARILLO, CHRISTINE 39.50 AP - 00219351 2/2/2005 CANNON, MARIA 34.00 AP - 00219352 2/2/2005 CELSOC 417.55 AP - 00219355 2/2/2005 CHRIS JOHNSTON CONSULTING 3,000.00 AP - 00219356 2/2/2005 CIVIC SOLUTIONS INC 540.00 AP - 00219356 2/2/2005 CIVIC SOLUTIONS INC 1,147.50 AP - 00219356 2/2/2005 CIVIC SOLUTIONS INC 9,628.00 AP - 00219357 2/2/2005 CLABBY, SANDRA 1,000.00 AP - 00219358 2/2/2005 CLIFFON, TERRY 70.00 AP - 00219359 2/2/2005 CLII~PINGER CHEVROLET OLDSMOBILE 328.20 AP - 00219360 2/2/2005 COMP USA INC 6,010.30 AP - 00219360 2/2/2005 COMP USA INC -293.70 AP - 00219362 2/2/2005 CRUZ, SANDRA 35.00 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 36.28 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 642.73 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 1,294.83 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 158.68 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 147.08 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 240.23 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 106.83 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 120.63 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 177.08 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 1,830.68 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 143.63 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 129.83 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 222.98 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 166.63 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 329.93 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 308.08 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 73.93 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 68.18 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 245.98 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 156.28 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 171.68 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 56.68 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 4 t .73 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 437.92 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 113.83 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 274.39 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 187.33 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 113.73 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 213.88 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 259.78 User: AHAWORTH - Ann Haworth Page: 13 Current Date: 02/08/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 .Check No. Check Date Vendor Name Amount AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 118.33 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 104.63 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 178.23 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 153.98 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 467.01 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 46.33 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 22.48 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 114.88 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 327.63 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 96.58 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 72.78 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 71.63 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 39.43 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 56.68 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 542.68 AP - 00219364 2/2/2005 CUCAMONGA V/aLLEY WATER DISTRICT 257.48 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 165.81 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 143.63 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 110.38 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 62.43 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 58.98 AP ~ 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 114.94 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 114.94 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 231.13 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 285.08 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 132.13 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 302.33 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 527.73 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 309.58 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 228.73 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 139.52 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT ' 722.65 AP - 00219364 2/2/2005 CUCAMONGA VALLEY WATER DISTRICT 338.78 AP - 00219365 2/2/2005 D 3 EQUIPMENT 2,290.97 AP - 00219366 2/2/2005 D 7 CONSULTING INC 2,400.00 AP - 00219367 2/2/2005 DANIELS, DANIELLE 76.00 AP - 00219368 2/2/2005 DE LEISE, JENAE 519.24 AP - 00219370 2/2/2005 DENTAL HEALTH SERVICES 82.80 AP - 00219371 2/2/2005 DEPARTMENT OF JUSTICE 2,425.00 AP - 00219371 2/2/2005 DEPARTMENT OF JUSTICE -32.00 AP - 00219371 2/2/2005 DEPARTMENT OF JUSTICE 580.00 AP- 00219371 2/2/2005 DEPARTMENT OF JUSTICE 3,314.00 AP - 00219371 2/2/2005 DEPARTMENT OF JUSTICE 915.00 AP - 00219372 2/2/2005 DFM ASSOCIATES 46.12 AP - 00219373 2/2/2005 DIRECTV 29.99 AP - 00219374 2/2/2005 EMERGENCY MEDICAL PRODUCTS 139.96 AP - 00219375 2/2/2005 EMPIRE MOBILE HOME SERVICE 250.00 AP - 00219376 2/2/2005 ENR 82.00 AP - 00219377 2/2/2005 ENTERTAINMENT DESIGN 34.97 User: AHAWORTH - Ann Haworth Page: 14 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~ ~,1 08:30:3 / CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219378 2/2/2005 ESGIL CORPORATION 21,070.38 AP - 00219379 2/2/2005 ETIWANDA SCHOOL DISTRICT 385.00 AP - 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00219389 2/2/2005 GARNER, CATHLEEN 48.60 AP - 00219390 2/2/2005 GEOGRAPHICS 1,331.91 AP - 00219390 2/2/2005 GEOGRAPHICS 12.81 AP - 00219391 2/2/2005 GOVERNING 16.00 AP - 00219392 2/2/2005 GREEN ROCK POWER EQUIPMENT 117.56 AP - 00219393 2/2/2005 GREG'S REFRIGERATION 6,000.00 AP - 00219395 2/2/2005 GUARDIAN 2,745.22 AP - 00219397 2/2/2005 HOLAHAN, SHARON 8.44 AP - 00219399 2/2/2005 HOT SHOTS ATHLETIC APPAREL INC 236.36 AP - 00219401 2/2/2005 IBM CORPORATION 849.66 AP - 00219401 2/2/2005 IBM CORPORATION 622.11 AP - 00219401 2/2/2005 IBM CORPORATION 6,288.75 AP - 00219402 2/2/2005 ICMA 1,400.00 AP - 00219403 2/2/2005 IFEA 295.00 AP - 00219405 2~2~2005 INDUSTRIAL DISTRIBUTION GROUP 3,993.95 AP - 00219409 2/2/2005 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00219409 2/2/2005 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00219409 2/2/2005 INLAND VALLEY DAILY BULLETIN 88.80 AP - 00219412 2/2/2005 J T STORM DEVELOPMENT NO 1 LLC 500.00 AP - 00219413 2/2/2005 JANECEK, LINDA 23.80 AP - 00219414 2/2/2005 JONES AND MAYER LAW OFFICES OF 1,862.67 AP - 00219414 2/2/2005 JONES AND MAYER LAW OFFICES OF 827.70 AP - 00219415 2/2/2005 KELLY PAPER COMPANY 18.78 AP - 00219416 2/2/2005 KIM, JEONG SUN 56.50 AP - 00219417 2/212005 KLAUS AND SONS 740.00 AP - 00219418 2/2/2005 KORAN'DA CONSTRUCTION 15.00 AP - 00219418 2/2/2005 KORANDA CONSTRUCTION 6,195.00 AP - 00219418 2/2/2005 KORANDA CONSTRUCTION 4,600.00 AP - 00219419 2/2/2005 KORANDA CONSTRUCTION 4,130.83 AP - 00219420 2/2/2005 KORANDA CONSTRUCTION 648.50 AP - 00219421 2/2/2005 LAIRD CONSTRUCTION CO 34,511.73 AP - 00219423 2/2/2005 LEXIS NEXIS MATTHEW BENDER 71.20 User: AHAWORTH - Ann Haworth Page: 15 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Timel ~,, 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219424 2/2/2005 LOS ANGELES TIMES 42.00 AP - 00219426 2/2/2005 LY, CHANH 85.00 AP - 00219427 2/2/2005 MAPLE PLACE PARTNERS LLC 2,600.00 AP - 00219428 2/2/2005 MARSHALL, SYLVIA 178.20 AP - 00219429 2/2/2005 MATHIAS, DAV1D 250.00 AP - 00219430 2/2/2005 MIDWEST TAPE 17.99 AP - 00219430 2/2/2005 MIDWEST TAPE 15.99 AP - 00219430 2/2/2005 MIDWEST TAPE 219.90 AP - 00219430 2/2/2005 MIDWEST TAPE 68.97 AP - 00219432 2/2/2005 MURRAY & ASSOCIATES, BOB 43.02 AP - 00219434 2/2/2005 NATIONAL DEFERRED 14,193.93 AP - 00219436 2/2/2005 NEWPORT PRINTING SYSTEMS 46.28 AP - 00219436 2/2/2005 NEWPORT PRINTING SYSTEMS 99.31 AP - 00219436 2/2/2005 NEWPORT PRINTING SYSTEMS 46.28 AP - 00219436 2/2/2005 NEWPORT PRINTING SYSTEMS 46.28 AP - 00219436 2/2/2005 NEWPORT PRINTING SYSTEMS 83.88 AP - 00219436 2/2/2005 NEWPORT PRINTING SYSTEMS 46.28 AP - 00219436 2/2/2005 NEWPORT PRINTING SYSTEMS 92.56 AP - 00219436 2/2/2005 NEWPORT PRINTING SYSTEMS 83.88 AP - 00219437 2/2/2005 OCLC INC 6.95 AP - 00219439 2/2/2005 OFFICE DEPOT 70.68 AP - 00219439 2/2/2005 OFFICE DEPOT 177.44 AP - 00219439 2/2/2005 OFFICE DEPOT 14.40 AP - 00219439 2/2/2005 OFFICE DEPOT 10.61 AP - 00219439 2/2/2005 OFFICE DEPOT 164.62 AP - 00219439 2/2/2005 OFFICE DEPOT 31.06 AP - 00219439 2/2/2005 OFFICE DEPOT 14.48 AP - 00219439 2/2/2005 OFFICE DEPOT 170.68 AP - 00219439 2/2/2005 OFFICE DEPOT 30.68 AP - 00219439 2/2/2005 OFFICE DEPOT 264.94 AP - 00219439 2/2/2005 OFFICE DEPOT 36.98 AP - 00219439 2/2/2005 OFFICE DEPOT 212.01 AP - 00219439 2/2/2005 OFFICE DEPOT -61.16 AP - 00219439 2/2/2005 OFFICE DEPOT -73.40 AP - 00219439 2/2/2005 OFFICE DEPOT -24.15 AP - 00219439 2/2/2005 OFFICE DEPOT -117.80 AP - 00219439 2/2/2005 OFFICE DEPOT 42.02 AP 00219439 2/2/2005 OFFICE DEPOT 36.33 AP 00219439 2/2/2005 OFFICE DEPOT -14.89 AP 00219439 2/2/2005 OFFICE DEPOT 18.73 AP 00219439 2/2/2005 OFFICE DEPOT 175.91 AP 00219439 2/2/2005 OFFICE DEPOT 6.90 AP 00219439 2/2/2005 OFFICE DEPOT 28.96 AP 00219439 2/2/2005 OFFICE DEPOT 5.23 AP - 00219439 2/2/2005 OFFICE DEPOT 7.07 AP - 00219439 2/2/2005 OFFICE DEPOT 5.22 AP - 00219439 2/2/2005 OFFICE DEPOT 79.22 AP - 00219439 2/2/2005 OFFICE DEPOT 56.39 AP - 00219439 2/2/2005 OFFICE DEPOT 14.63 AP - 00219439 2/2/2005 OFIqCE DEPOT 28.76 AP - 00219439 2/2/2005 OFFICE DEPOT 626.49 AP - 00219439 2/2/2005 OFFICE DEPOT 252.07 AP - 00219439 2/2/2005 OFFICE DEPOT 13.07 User: AHAWORTH - Ann Haworth Page: 16 Current Date: 02/08/20(2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:t/08:30:3 /6, CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219440 2/2/2005 OTT, LAURA 351.00 AP - 00219440 2/2/2005 OTT, LAURA 90.00 AP - 00219440 2/2/2005 OTT, LAURA 117.00 AP - 00219441 2/2/2005 PANATTONI CONSTRUCTION 4,702.50 AP - 00219443 2/2/2005 PEP BOYS 19.80 AP - 00219447 2/2/2005 PRE-PAID LEGAL SERVICES INC 6.81 AP - 00219448 2/2/2005 PRUITT, SHERRY 34.00 AP - 00219449 2/2/2005 RADOGNA, JUANITA 106.00 AP - 00219450 2/2/2005 RAILS TO TRAILS CONSERVANCY 25.00 AP - 00219451 2/2/2005 RCPFA 6,150.65 AP - 00219452 2/2/2005 REPUBLIC ELECTRIC 9,915.00 AP - 00219452 2/2/2005 REPUBLIC ELECTRIC 3,924.54 AP - 00219454 2/2/2005 RIVERSIDE BLUEPRINT 48.68 AP - 00219454 2/2/2005 RIVERSIDE BLUEPRINT 104.41 AP - 00219455 2/2/2005 S B AND O INC 2,050.00 AP - 00219457 2/2/2005 SAXE-CLIFFORD, SUSAN 2,800.00 AP - 00219458 2/2/2005 SCMAF 40.00 AP - 00219459 2/2/2005 SENECHAL, CALVIN 83.00 AP - 00219459 2/2/2005 SENECHAL, CALVIN 56.00 AP - 00219459 2/2/2005 SENECHAL, CALVIN 234.50 AP - 00219460 2/2/2005 SHELLEY, JILL 65.00 AP - 00219461 2/2/2005 SHERIFFS COURT SERVICES 75.00 AP - 00219464 2/2/2005 STATEWIDE RENT A FENCE INC 1,154.00 AP - 00219465 2/2/2005 SWAIN, MARIA 60.00 AP - 00219466 2/2/2005 TEMME, ED 145.00 AP - 00219470 2/2/2005 TOOHEY, JULIE 56.00 AP - 00219472 2/2/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 2,741.17 AP - 00219472 2/2/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P~ 138,532.29 AP - 00219472 2/2/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 23,299.94 AP - 00219473 2/2/2005 UNIQUE MANAGEMENT SERVICES INC 562.99 AP - 00219474 2/2/2005 UNITED CALIFORNIA FACTORS 30.00 AP - 00219474 2/2/2005 UNITED CALIFORNIA FACTORS 45.43 AP - 00219475 2/2/2005 UNITED WAY 46.00 AP - 00219478 2/2/2005 VERIZON 30.73 AP - 00219478 2/2/2005 VERIZON 354.75 AP - 00219478 2/2/2005 VERIZON 44.22 AP - 00219478 2/2/2005 VERIZON 20.86 AP - 00219478 2/2/2005 VERIZON 20.70 AP - 00219478 2/2/2005 VERIZON 21.50 AP - 00219478 2/2/2005 VERIZON 20.70 AP - 00219478 2/2/2005 VERIZON 28.51 AP - 00219478 2/2/2005 VERIZON 125.55 AP - 00219478 2/2/2005 VERIZON 28.51 AP - 00219478 2/2/2005 VERIZON 20.70 AP - 00219478 2/2/2005 VERIZON 20.83 AP - 00219478 2/2/2005 VERIZON. 31.52 AP - 00219478 2/2/2005 VERIZON 28.51 AP - 00219478 2/2/2005 VERIZON 20.70 AP - 00219478 2/2/2005 VERIZON 29.48 AP - 00219478 2/2/2005 VERIZON 41.60 AP - 00219478 2~2/2005 VERLZON 27.53 AP - 00219478 2/2/2005 VERIZON 29.48 AP - 00219479 2/2/2005 VIGILANCE, TERRENCE 400.00 User: AHAWORTH - Ann Haworth Page: 17 Current Date: 02/08/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:30:3 /7 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219480 2/2/2005 VISION SERVICE PLAN CA 7,892.64 AP - 00219481 2/2/2005 W AND W STEEL COMPANY -4,513.39 AP - 00219481 2/2/2005 W AND W STEEL COMPANY 45,133.90 AP - 00219481 2/2/2005 W AND W STEEL COMPANY -11,035.16 AP - 00219481 2/2/2005 W AND W STEEL COMPANY 110,351.82 AP - 00219482 2/2/2005 WEST PAYMENT CENTER 31.35 AP - 00219482 2/2/2005 WEST PAYMENT CENTER 1,486.95 AP - 00219483 2/2/2005 WESTERN ARTS ALLIANCE 85.00 AP - 00219484 2/2/2005 WHITSON, JUDY 250.00 AP - 00219485 2/2/2005 XEROX CORPORATION 929.35 AP - 00219486 2/2/2005 YOUNG CALIFORNIA CUCAMONGA LP 2,617.02 AP - 00219487 2/2/2005 KORANDA CONSTRUCTION 4,600.00 AP - 00219487 2/2/2005 KORANDA CONSTRUCTION 6,195.00 AP - 00219488 2/2/2005 KORANDA CONSTRUCTION 648.50 AP ~ 00219488 2/2/2005 KORANDA CONSTRUCTION 15.00 AP - 00219489 2/3/2005 CAMPO, SONIA 705.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 43.23 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDIS ON 16.50 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 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00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 20.31 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 17.65 AP - 00219494 2/3/2005 SOUTHERN CALiFORNIA EDISON 100.44 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 24.25 AP ~ 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 19.04 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 115.06 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 19.14 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 67.93 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 83.56 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 191.87 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.15 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 54.70 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.10 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 126.02 AP 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 97.81 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 120.23 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 17.12 AP - 00219494 2/3/2005 SOUTHERN CALiFORNIA EDISON 15.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 4,086.77 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.65 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 833.97 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.14 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 58.50 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 138.40 AP - 00219494 2/3/2005 SOUTHERN CALiFORNIA EDISON 16.64 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.36 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 166.48 User: AHAWORTH - Ann Haworth Page: 19 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:..,n 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.10 AP - 00219494 2/3/2005 SOUTHERN CALiFORNIA EDISON 128.17 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 168.08 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 18.24 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.15 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.76 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.76 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 28.70 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 149.73 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 95.40 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.48 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.39 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 17.13 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 96.83 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 68.95 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 89.43 AP - 00219494 ' 2/3/2005 SOUTHERN CALIFORNIA EDISON 87.43 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.41 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 83.81 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 93.38 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 497.09 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.99 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.86 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 ' 2/3/2005 SOUTHERN CALIFORNIA EDISON 397.03 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 45.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 127.85 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 52.89 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 130.51 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 49.07 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.14 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 17.12 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 25.50 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 27.38 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 50.87 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 54.79 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 104.28 User: AHAWORTH - Ann Haworth Page: 20 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 08:30:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 1/25/2005 through 2/7/2005 Check No. Check Date Vendor Name Amount AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 54.90 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 33.68 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 137.63 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 318.10 AP - 00219494 2~3~2005 SOUTHERN CALIFORNIA EDISON 134.45 AP - 00219494 2~3~2005 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00219494 2~3~2005 SOUTHERN CALIFORNIA EDISON 17.49 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.50 AP - 00219494 2~3/2005 SOUTHERN CALIFORNIA EDISON 17.38 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 17.47 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 200.11 AP - 00219494 2~3~2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 1,553.05 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 216.35 AP - 00219494 2~3~2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 106.22 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 28.08 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA ~DISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 14.79 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 95.51 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 90.15 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 15.14 AP - 00219494 2/3/2005 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00219494 2~3/2005 SOUTHERN CALIFORNIA EDISON 91.36 AP - 00219495 2/7/2005 REGENTS UC 345.00 AP - 00219495 2/7/2005 REGENTS UC 22.00 Total for Check ID AP: 2,291,007.93 Total for Entity: 2,29t,007.93 User: AHAWORTH - Ann Haworth Page: 21 Current Date: 02/08/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time.'__~.~/ 08:30:3 City of Rancho Cucamonga City of Rancho Cucamonga Portfolio Management Portfolio Summary January 31, 2005 Par Market Book % of Days to YI'M Y'I'M Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Local Agency investment Fund 18,151,357.92 18,151,357.92 18,151,357.92 11.07 I 1 2.105 2.134 Certificates of Deposit/Neg. - Bank 1,515,000.00 1,506,536.15 1,515,000.00 0.92 733 209 2.150 2,180 Federal Agency ~ssues - Coupon 123,750,000.00 121,961,748.46 123,689,200.00 75.45 1,498 1,034 3.126 3.169 Treasury Securities - Coupon 5,000,000.00 4,978,125.00 4,985,546.88 3.04 1,070 833 3.184 3.229 Investment Agreements 15,600,000.00 15,600,000.00 15,600,000.00 9.52 I 1 3.682 3.733 Investments 164,016,357.92 162,197,767.53 163,941,104.80 100.00% 1,169 807 3.058 3.101 Cash Passtx)ok/Checking 847,996.48 847,996,48 847,996.48 I I 0.493 0.500 (not inc{uded in yield calculations) Total Cash and investments 164,864,354.40 163,045,764.01 164,789,101.28 1,169 807 3.058 3.101 Total Earnings January 31 Month Ending Fiscal Year To Date Current Year 431,816.73 3,030,145.44 Average Dally Balance 169,546,923.43 168,999,986.73 Effective Rate of Return 3.00% 3.04% I certify that this report accurately reflects all City pooled investments and is in cemformity with the investment policy adopted October 6, 2004. A copy of the investment policy is available in the Administrative Services Department. The Investment Program herein show~ pray{des sufficient cash flow liquidity to meet the next six months estimated expenditures. The month-end market values were obtained from (IDC)-Interactive Data Coq~oration pricing service. The attached SummanJ of Cash and Investments with Fiscal Agents as of the prior month's end is provided under the City official Investment Policy. The provisions of the individual bond documents govern the management of these funds. On October 21,2004 the City entered into a Investment Agreement with Aogon/Transamerica in the amount of $15,600,000. The Investment Agreement will earn interest at 6.00% per annum through June 28 2006 to provide fu. pa~r specific expenditures during that period. Beginning June 29, 2006 through October 21, 2009, the Investment Agreement will eam interest at 2.41%. The average annu~t r~e fi~/~/ear period is 3.682% which is incorpo~_tedT~anTal rate of return noted above. Portfolio CITY CP PM (PRF_PM1) SymRept V6.21 un Date: 5~)8/2005 - 16:38 Report Var. 5.00 City of Rancho Cucamonga Portfolio Management Page 2 Portfolio Details - Investments January 31,2005 CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 360 Maturity Date Local Agency Investment Fund SYS00005 00005 LOCAL AGENCY INVST FUND 18,151,357.92 18,151,357.92 18,151,357.92 2.134 2.105 1 Subtotal and Average 21,992,474.71 18,151,357.92 18,151,357.92 18,151,357.92 2.105 1 Certificates of Deposit/Neg. - Bank 06050E6Q3 1228 BANK OF AMERICA 08/27/2003 1,515,000.00 1,506,536.15 1,515,000.00 2.150 2.150 209 08/29/2005 Subtotol and Average 1A15,000.00 1,515,000.00 1,506~36.15 1 ~515,000.00 2.150 209 Federal Agency Issues - Coupon 31331QK55 1199 FEDERAL FARM CREDrT BANK 05~19/2003 2,500,000.00 2,449,218.75 2,496,875.00 3.120 3.104 1,203 05/19/2008 31331QM79 1205 FEDERAL FARM CREDIT BANK 06/03/2003 2,000,000.00 1,964,375.00 2,000,000.00 3.210 3.166 1,218 06/03/2008 31331QN78 1207 FEDERAL FARM CREDIT BANK 06/09/2003 5,5~0,000.00 5,383,125.00 5,500,000.00 2.440 2.407 766 03/09/2007 31331Q7C5 1226 FEDERAL FARM CREDIT BANK 08/13/2003 3,0(X),000.00 2,960,625.00 2,995,312.50 3.050 3.049 923 08/13/2007 31331TFG1 1231 FEDERAL FARM CREDIT BANK 09/24/2003 2,000,000.00 1,985,625.00 1,996,562.50 3.375 3.374 965 09/24/2007 31331TND9 1244 FEDERAL FARM CREDIT BANK 12/17/2003 2,000,000.00 1,978,125.00 2,000,000.C~ 3.970 3.916 1,232 06/17/2008 31331TWHO 1253 FEDERAL FARM CREDIT BANK 03/17/2004 2,000,000.00 1,939,375.00 2,000,000.00 3.240 3.196 1,140 03/17/2008 31331TWJ6 1254 FEDERAL FARM CREDIT BANK 03/17/2004 4,000,000.00 3,888,750.00 3,997,500.00 3.550 3.517 1,385 11/17/2008 31331TG62 1263 FEDERAL FARM CREDFF BANK 04/29/2004 3,500,000.00 3,492,343.75 3,479,000.00 3.920 4.012 1,364 10/27/200~ 31331TU25 1272 FEDERAL FARM CREDIT BANK 06/13/2004 3,{~00,000.00 3,006,562.50 3,000,000.00 4.000 3.945 1,042 13/10/2007 31339X J J4 1210 FEDERAL HOME LOAN SANK 0~12/2003 5,C<)0,000.00 4,896,875.C~ 5,000,000.00 2.650 2.614 860 06/11/2007 31339XB78 1211 FEDERAL HOME LOAN BANK 06/16/2003 3,000,000.00 2,934,375.00 3,000,000.00 2.430 2.397 773 03/1 5/2(X)7 31339XLB8 1212 FEDERAL HOME LOAN BANK 0~/19/2003 2,000,000.00 1,956,875.00 2,000,000.00 2.625 2.589 868 06/19/2007 31339XPL2 1213 FEDERAL HOME LOAN BANK 06/26/2003 2,000,000.00 1,941,250.00 2,000,000~00 2.450 2.417 967 09/26/2007 31339YHG0 1218 FEDERAL HOME LOAN BANK 07/16/2003 3,000,000.00 2,937,187.50 3,000,000~00 2.540 2.506 804 04/16/2007 3133X1P27 1237 FEDERAL HOME LOAN BANK 10/27/~:)03 3,000,000.00 2,997,187.50 3,000,000.00 4.000 3.945 1,364 1 0/27/20(~ 3133X3DX8 1247 FEDERAL HOME LOAN BANK 01/29/2004 2,000,000.00 1,985,000.00 2,000,000.00 3.355 3.310 1,000 10/29/2007 3133X4MR9 1255 FEDERAL HOME LOAN BANK ~ B,000,000.00 4,935,937.50 5,000,000.00 2.750 2.713 693 12/26/2006 3133X4XF3 1256 FEDERAL HOME LOAN BANK 03/29/2004 2,000,000.00 1,956,875.00 2,000,000.00 3.500 3.452 1,060 12/28/2007 3133X5WA2 1264 FEDERAL HOME LOAN BANK 04/30/2004 2,000,000.00 1,971,250.00 2,000,000.00 3.210 3.167 1,093 01/30/2008 3133X76T6 1269 FEDERAL HOME LOAN BANK 05/28/2004 2,0~0,000.00 2,001,875.00 1,999,376.00 4.070 4.024 1,122 02/28/2008 3128X1BD8 1198 FEDERAL HOME LOAN MORTG. CORP. 05/19/2003 5,000,000.00 4,960,375.22 4,993,750.00 3.500 3.479 1,203 05/19/200~ 3128X1FG7 1203 FEDERAL HOME LOAN MORTG. CORP. 05/28/2003 3,000,000.00 2,951,199.19 3,000,000.00 2.500 2.466 665 11/28/2006 312~XIDK0 1204 FEDERAL HOME LOAN MORTG. CORP. 0~ 4,000,000.00 3,903,959.96 4,000,000.00 3.100 3.058 1,030 11/28/2007 312~X1JDO 1208 FEDERAL HO~ME LOAN MORTG. CORP. 06/12/2003 5,000,000.00 4,889,559.93 4,998,500.00 3.030 2.995 1,226 06/11/2008 312~XIJN8 1209 FEDERAL HOME LOAN MORTG. CORP. 06/12/2003 2,000,000.00 1,949,440.00 2,000,000.00 2.400 2.367 860 (36/11/2007 3128XIL96 1233 FEDERAL HOME LOAN MORTG. CORP. 10/08/2003 4,1XX),000.00 3,963,875.73 3,997,600.00 2.800 2.782 593 09/17/2006 312~X2P25 1257 FEDERAL HOME LOAN MORTG. CORP. 03/30/2(X~ 3,000,0(X).00 2,995,245.21 3,000,000.00 4.000 3.945 1,518 0~30/2009 Portfolio CITY CP City of Rancho Cucamonga Portfolio Management Page Portfolio Details - Investments January 31,2005 Federal Agency Issues - Coupon Portfolio CITY CP City of Rancho Cucamonga Portfolio Management page 4 Portfolio Details - Cash January 31,2005 Savings/Miscellaneous Accounts Portfolio CITY CP City of Rancho Cucamonga Portfolio Management Page .5 . Activity By Type January 1, 2005 through January 31,2005 Beginning ' Stated Transaction Purchases Redemptions Ending Local Agency Investment Fund (Monthly Summary} Savings/Miscellaneous Accounts (Monthly Summary) Certificates of Depesit/Neg. - Bank Federal Agency Issues - Coupon Treasury Securities - Coupon Investment Agreements Portfolio CITY cP City of Rancho Cucemonga Summary of Cash and Investments with Fiscal Agents For the Month Ended December 31, 2004 Trustee and/or Purchase Maturity Cost Bond Issue Payina Aaent Account Name Investment Date Date Yield Value Assessment District No 93-1 US Bank Imprvmnt Fund First American Treasury Obligation 8/4/1997 N/A* 1.27% $ 257,311.78 Masi Plaza Imprvmnt Fund Cash N/A N/A N/A Reserve Fund First American Treasury Obligation 8/4/1997 N/A* 1.27% 243,369.00 Reserve Fund N/A N/A N/A Redemp. Fund First American Treasury Obligation 8/4/1997 ' N/A 1.28% 1,324.17 Redemp. Fund Cash NIA N/A N/A $ 502,004.95 PFA RFDG Rev Bonds series US Bank Expense Fund First American Treasury Obligation 7/1/1999 N/A* 0.00% $ Cash N/A N/A N/A 1999 A (St) & 1999 B (Suberd) Sub Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 1.27% 582,148.91 Cash N/A N/A N/A Sr. Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 1.27% 1,093,637.29 Cash N/A N/A N/A Redemption Fund First American Treasury Obligation 711/1999 N/A* 0.00% Cash N/A N/A N/A Revenue Fund First American Treasury Obligation 3/2/2000 N/A* 0.00% 5.04 Cash N/A N/A N/A Residual Fund First American Treasury Obligation 1/16/2001 N/A* t.27% 55,955.29 Cash N/A N/A N/A . $ 1,731,746.53 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS . $ 2,233,751.48 * Not~: These inveslments am money market accounts which have no stated maturity date as they may be liquidated upon demand. ~ i:~financelCash with Fiscal Agents.xls 2J9/2005 9:25 AM [? A C H O C U C A M O N G A ~NGINEERING DEPARTMENT Staff Report DATE: February 16, 2005 TO' Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Cindy Hackett, Associate Engineer SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF THE HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19TM STREET, TO BE FUNDED FROM ACCOUNT NO. 11243035650/14061124 (TRANSPORTATION FUNDS) AND ACCOUNT NO. 11103165650/1464110 (BEAUTIFICATION FUNDS) RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of the Haven Avenue Street Widening and Storm Drain Improvement Project from Base Line Road to north of 19th Street, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND / ANALYSIS Haven Avenue Street Widening and Storm Drain Improvement project scope of work to be performed in general consists of, but not limited to, the installation of a master planned storm drain with pertinent laterals and catch basins, street widening on the west side of the street, pavement rehabilitation, installation of concrete curb and gutter, sidewalk, drive approaches, block retaining walls, wrought iron fences, landscaping and irrigation of median islands, street lights, relocation of traffic signal poles, traffic signal loops, re-striping and pavement markings. The project is to be funded from Transportation Funds, Account No. 11243035650/14061124 and Beautification Funds, Account No. 11103165650/1464110. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. CITY COUNCIL STAFF REPORT Re: "Notice Inviting Bids" for the Haven Ave. Street Widening and Storm Drain Improvements February 16, 2005 Page 2 The Engineer's estimate for the Haven Avenue Street Widening and Storm Drain Improvement Projects is $6,200,000.00. Legal advertising is scheduled for February 22, 2005, March 8, 2005 and March 22, 2005, with bid opening at 2:00 p.m. on Tuesday, March 29, 2005. Respectfully submitted, William J. O'Neil City Engineer WJO:LEH:Ieh Attachments RESOLUTION NO. ~15 ° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19TM STREET 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 the "HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19TM STREET". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that 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 March 29, 2005, sealed bids or proposals for the "HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19TM STREET" 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 HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19TM STREET." 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 RESOLUTION NO. February 16, 2005 Page 2 required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 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: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show 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. February 16, 2005 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, Par[ 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 Iow 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 RESOLUTION NO. February 16, 2005 Page 4 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) 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, Engineering Counter, 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. February 16, 2005 Page 5 The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENT PROJECT FROM BASE LINE ROAD TO NORTH OF 19TH STREET" may be directed to: CINDY HACKETT, ASSOCIATE ENGINEER AND PROJECT MANAGER 10500 Civic Center Drive Rancho Cucamonga, CA 91730 909-477-2740, ext. 4066 By order of the Council of the City of Rancho Cucamonga, California. Dated this 16th day of February, 2005. Publish Dates: February 22, 2005, March 8, 2005 and March 22, 2005 HAVEN AVENUE STREET WIDENING AND STORM DRAIN IMPROVEMENTS FROM BASE LINE ROAD TO NORTH OF 19TH STREET "'~ F"I I__~ SITE I 24TH ST J J ~ ___J LE~lOl~J II-1 FOJ]THILL Ld 6TH ST 4TH ST CITY OF RANCHO CUCAMONGA VICINITY MAP R A C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council FROM: William J. O'Neil, City Engineer BY: Rex Whitney, Park Maintenance Supervisor SUBJECT: APPROVE LOW BID VENDOR SELECTION FOR THE REPLACEMENT OF TWO PIECES OF EQUIPMENT, SMITHCO FIELD RAKES, FROM GOLF VENTURES WEST OF CORONA, CALIFORNIA, IN THE AMOUNT OF $33,964.96 TO BE FUNDED FROM ACCOUNT 1712001- 5603 AS APPROVED IN THE 04-05 BUDGET RECOMMENDATION It is recommended the City Council approve the Iow bid vendor selection for the replacement of twp pieces of equipment, Smithco field rakes, from Golf Ventures West of Corona, California, in the amount of $33,964.96 to be funded from account 1712001-5603 as approved in the 04-05 budget. BACKGROUND/ANALYSIS This equipment is used for the grooming and leveling of softball/baseball/soccer fields, tot lots, equestrian arenas and trails at Red Hill and Heritage Community Parks. Staff has researched all of the other comparable equipment on the market through visiting sports field maintenance trade .shows and field demonstrations on site in actual conditions and found that the Smithco equipment is the only product that meets our specifications as to engine size and available attachments for performing the job required. Purchasing then sent out a Request for Quote for the Smithco 42 - 00D Field Rake and after receiving quotes, it was determined that Golf Ventures West was the Iow bid vendor for this piece of equipment. This equipment is a budgeted item in the Equipment/Vehicle Replacement fund (712) and the purchase price for both pieces of equipment is $5,000 under the budgeted amount. Therefore staff recommends replacing our existing field rakes with Smithco equipment. Respectfully submitted, Willia/n J. O'Neil City Engineer WJO:RW:dlw Bid Summary for Replacement of (2) Field Rakes Total Bid Total Bid Total Bid Total Bid Total Bid Description Bidder #1 Amount Bidder #2 Amount Bidder #3 Amount Bidder #4 Amount Bidder #5 Amount Golf Ventures Unit #10502 & Unit #547 West (Territorial ........................ Field Rakes Distributor) $33,964.96 I~ A N C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Rex Whitney, Park Maintenance Supervisor SUBJECT: APPROVE LOW BID VENDOR SELECTION FOR THE REPLACEMENT OF FIVE PIECES OF EQUIPMENT, ONE AERATOR, ONE UTILITY VEHICLE, ONE SEEDER AND TWO TOP DRESSERS FROM AA EQUIPMENT OF MONTCLAIR, CALIFORNIA, IN THE AMOUNT OF $59,269.50 TO BE FUNDED FROM ACCOUNT 1712001-5603 AS APPROVED IN THE 04-05 BUDGET RECOMMENDATION It is recommended the City Council approve the Iow bid vendor selection for the replacement of five pieces of equipment, one John Deere Electric Utility Vehicle in the amount of $9148.90, one Turfco Mete-R-Matic XL top dresser in the amount of $11,741.52, one Turfco Mete-R-Matic III top dresser in the amount of $8,340.53, one AERA-Vator FT60 slit seeder in the amount of $9,684.57 and one John Deere 1500 Aemore aerator in the amount of $20,353.98 from AA Equipment of Montclair, California, to be funded from account 1712001-5603 as approved in the 04-05 budget. BACKGROUND/ANALYSIS This equipment is used for the maintenance of parks Citywide and also for the maintenance of the Epicenter Stadium playing field. Specifically these pieces of equipment are utitized for the aerification, dethatching, over seeding and top dressing of general turf areas and sports fields. Staff has researched other comparable equipment on the market through visiting sports turf trade shows and seminars and through on site field demonstrations and found the recommended replacements are best suited to the needs of the City of Rancho Cucamonga Public Works Department. Purchasing then sent out a Request for Quote on the five pieces of equipment and after receiving quotes AA Equipment Staff Report February 16, 2005 Page Two it was determined that AA Equipment was the Iow bidder for all five pieces of equipment. This equipment is a budgeted item in the Equipment/Vehicle Replacement fund (712) and the purchase price for all five pieces of equipment is $59,269.50, which is $15,230.50 under the budgeted amount. Therefore staff recommends replacing our existing equipment with the above-mentioned equipment. Respectfully Submitted, W City Engineer WJO:GG:dlw Bid Summary for Replacement of Miscellaneous Parks Equipment Total Bid Total Bid Total Bid Total Bid Total Bid 'Description Bidder #1 Amount Bidder #2 Amount Bidder #3 Amount Bidder #4 Amount Bidder #5 Amount Unit #561 Powerland .~oastline No _=berhard No Core Master Aerator :AA Equipment $20,353.98 Equipment Inc. No Bid =quipment Response Equipment No Respons( L&M Power Response ; Powedand Equipment Inc. (Unacceptable Unit #1528 Alternate Bid Coastline No Eberhard No JD Utility Vehicle AA Equipment $9,148,9( Submitted) $8,997.13 Equipment Response -_-quipment No Respons~ L&M Power Response Unit #566 ; Valley Truck & E-Z -~al-Coast Slit Seeder ,AA Equipment $9,684~57 Tractor $10,655.66 Equipment $10,046.4~ Vlachinery $11,954.0( ...... AA Equipment Unit #567 (Territorial ........................ Banner Turf Topper ;Distributor) $11,741.52 AA Equipment Unit #509 (Territorial - ....................... Toro Top Dresser Distributor) $8,340,53 T H E C I I Y 0 F ~AN C H 0 C1~ CAM ON GA Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Tamara L. Layne, Finance Officer SUBJECT: AUTHORIZATION TO APPROPRIATE $22,000 FROM FUND 016 INTO ACCOUNT NUMBER 1016301-5300 (CONTRACT SERVICES) TO FUND REVISION, UPDATING AND TESTING OF THE TIDEMARK SOFTWARE SYSTEM USED BY THE BUILDING AND SAFETY, ENGINEERING AND PLANNING DEPARTMENTS. RECOMMENDATION It is recommended that the City Council authorize an appropriation in the amount of $22,000 from Fund 016 into account number 1016301-5300 (Contract Services) to fund the revision, updating and testing of the Tidemark software system which is used by the Building and Safety, Engineering and Planning Departments. BACKGROUND The information Systems Division of the Administrative Services Department will use this funding to provide 600 labor hours of contract support to: 1) setup the revised Building and Safety plan check and permit fees previously authorized by Council; 2) modify the Tidemark Building Permit (PMT) case type, database and reports to accommodate the revised fee structure; and 3) test the changes and train Building and Safety personnel prior to deploying the changes in the live (production) version of Tidemark. Respectfully submitted, Lawrence I. Temple Administrative Services Director. R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mike Olivier, Senior Civil Engineer SUBJECT: APPROVAL OF A RESOLUTION STATING THE CALTRANS EXCESS PROPERTY, LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF HIGHLAND AVENUE BETWEEN ARCHIBALD AVENUE AND 750 EAST OF ARCHIBALD AVENUE, WILL BE USED FOR PUBLIC PURPOSES, MORE SPECIFICALLY A PUBLIC PARK RECOMMENDATION It is recommended that the City Council approve a resolution stating the Caltrans excess property, located north of the 2'10 Freeway and south of Highland Avenue between Archibald Avenue and 750 feet east of Archibald Avenue, will be used for public purposes, more specifically a public park. BACKGROUND/ANALYSIS For the Route 2'10 Freeway, Caltrans acquired property for its construction and future maintenance; however, in some areas there remain parceis not needed for construction and maintenance of the freeway. These are considered to be "excess" parcels by Caltrans. The "excess" parcel, located north of the 210 Freeway and south of Highland Avenue between Archibald Avenue and 750 feet east of Archibald Avenue, is desired by the City for a passive public park. In July of 2002, the Council approved a resolution to accept from Caltrans the above- mentioned property. Consequently, Caltrans has offered to sell the property to the City. Negotiations for the property are ongoing. CITY COUNCIL STAFF REPORT Re: Caltrans Excess Property February 16, 2005 Page 2 As part of the acquisition of the property, Caltrans has requested the local agency's City Council pass a resolution stating that the property will be used for public purposes, more specifically a public park. Respectfully submitted City Engineer W JO:MO:Is Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, THAT THE EXCESS PROPERTY TO BE ACQUIRED FROM CALTRANS, LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF HIGHLAND AVENUE BETWEEN ARCHIBALD AVENUE AND 750 FEET EAST OF ARCHIBALD AVENUE, WILL BE USED FOR PUBLIC PURPOSES, MORE SPECIFICALLY A PUBLIC PARK WHEREAS, STATE has acquired property for the construction of Route 210; and WHEREAS, STATE holds title to excess property that is not needed for usage and/or operation and maintenance of said Route 210; and WHEREAS, STATE desires to dispose of excess property that is not required for construction or maintenance of Route 210; and WHEREAS, CITY desires the excess parcel lying north of the freeway and south of Highland Avenue between Archibald Avenue and 750 feet east of Archibald Avenue, for construction of a City linear park, and construction of a garden wall separating Route 210 right-of-way and City property; and WHEREAS, CITY intends to use said excess property for public purposes, more specifically a public park; and WHEREAS, CITY agrees to maintain said wall and park. NOW, THEREFORE, THE CITY COUNCIL OF THE CIT OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE AS FOLLOWS: 1. Approve by resolution acceptance from the State of California, property lying north of the freeway and south of Highland Avenue between Archibald Avenue and 750 feet east of Archibald Avenue, and that said excess property will be used for public purposes, more specifically a public park. 2. Authorize the Mayor to sign said Resolution and direct the City Clerk to attest the same. AVENUE L .. ]4 ' '' , ~ SECTION 35 . -4 -~*m '- q,, · "~, .... T-~-~.,', - RIGH ~ ...................... OF WAY MAP R A I~ C H O C U C A M O N G A ENGINEERING DIVISION Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SURIECT: APPROVAL OF A COMPLETION OF TERMINATION OF TEMPORARY EASEMENT FOR THE BENEFIT OF RANCHO AMIGOS INVESTORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND DEARDEN PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP (APN'S: 229-293-86 AND 229-283-87) RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving a completion of termination of temporary easement for the benefit of Rancho Amigos Investors, LLC, a California Limited Liability Company and Dearden Properties, a California General Partnership and authorizing the Mayor to execute said agreement. BACKGROUND/ANALYSIS The City of Rancho Cucamonga has approved an Agreement for Temporary Drainage Easement on October 26, 1987. The agreement recorded on November 10, 1987 as Document No. 87-400931, was for the installation of flood control improvements to protect the properties from that certain creek known as Day Creek. The original developers constructed a temporary gunite swale on their southerly portion of the property, as part of the agreement. Said temporary drainage easement is being terminated based upon the completion of the Day Creek Channel and related improvements and it was determined that there is no longer a threat of flooding in this location. Respectfully submitted, William J. O'Neil City Engineer WJO:WV:pjb Attachment(s) CITY OF ITEM: RANCHO CUCAMONGA TITLE: ENGINEERING DIVISION RESOLUTION NO. ~,~,,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COMPLETION OF TERMINATION OF TEMPORARY EASEMENT FOR THE BENEFIT OF RANCHO AMIGOS INVESTORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND DEARDEN PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP WHEREAS, an Agreement for Temporary Drainage Easement was recorded in Official Records of San Bemardino County, California, on November 10, 1987 as Document No. 87-400931; and WHEREAS, said agreement is no longer required based upon the completion of the Day Creek Channel and related improvements and was determined that there is no longer a threat of flooding on said location. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release said agreement and that the City Clerk shall cause Release of Agreement to be recorded in the office of the County Recorder of San Bernardino County, California. R A N C H O C U C A M O N G A ENGINEERING DIVISION StaffRe rt DAII~: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002-00884, LOCATED ON THE SOUTH SIDE OF 6TM STREET, EAST OF UTICA AVENUE, SUBMITTED BY F & F SIMON RANCHO TECH, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting the Improvement Agreement and Securities for DRC2002-00884 and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DRC2002-00884, located on the south side of 60' Street, east of Utica Avenue, was approved by the City Planner on December 5, 2002. This project is for the construction of a new facade of one building and construction of a new 273-space parking lot. The Developer, F & F Simon Rancho Tech, LLC, is submitting an agreement and securities to guarantee the completion of the public improvements in the following amounts: Faithful Performance Bond $37,300.00 Labor and Material Bond $18,650.00 Copies of the agreement and securities are available in the City Clerk's Office. Respectfully submitted, William J. O'Neil City Engineer WJO:WV:pjb Attachment(s) ARROW ROU ?~ 4:n-i ST. CITY OF ITEM: RANCHO CUCAMONGA TITLE: ENGINEERING DIVISION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2002-00884 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on February 16, 2005, by F & F Simon Rancho Tech, LLC, as Developer, for the improvement of the public right-of- way adjacent to the real property specifically described therein, and generally located on the south side of 6th Street, east of Utica Avenue; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES as follows: 1. That said Improvement Agreement, be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Securities are accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. .$7 R A N C H O C U C A M O N G A ENGINEERING DIVISION StaffRq ort DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 16539, LOCATED AT 6TM STREET AND SANTA ANITA AVENUE, SUBMITTED BY LA-SANTA ANITA, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Parcel Map 16539, Improvement Agreement, Improvement Securities approval of map, improvement agreement, improvement securities, monumentation cash deposit and ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6 and authorizing the Mayor to sign said agreement and the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tentative Parcel Map 16539, located at 6th Street and Santa Anita Avenue, in the General Industrial District (Subarea 14), was approved by the Planning Commission on August 11, 2004. This project is for a subdivision of 17 parcels on 13 acres of land. The Developer, LA-Santa Anita, LLC, is submitting improvement securities to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond $193,700.00 Labor and Material Bond $96,850.00 Monumentation Cash Deposit $ 3,250.00 CITY COUNCIL STAFF REPORT TR 16539- LA-SANTA ANITA, LLC February 16, 2005 Page 2 Copies of the agreement and securities are available in the City Clerk's Office. A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Respectfully submitted, Wi!l/gam J. O'Neil Ci~ Engineer WJO:WV:pjb Attachment(s) ROUTE ! ARROW ROUTE .~TA. IvlARGARITA CT Z ~TH ST. 4TH ST. CITY OF ITEM: RANCHO CUCAMONGA TITLE:~ ENGINEERING DIVISION RESOLUTION NO. ~,- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 16539, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUIVIENTATION CASH DEPOSIT WHEREAS, Tentative Parcel Map 16539, submitted by LA-Santa Anita, LLC, and consisting of a subdivision of 13 acres of land into 17 parcels, located at 6th Street and Santa Anita Avenue, in the General Industrial District (Subarea 14), was approved by the Planning Commission of the City of Rancho Cucamonga on August 11, 2004; and WHEREAS, Parcel Map No. 16539 is the final map of the division of land approved as shown on the Tentative Parcel 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 posting the Improvement Securities and Monumentation Cash Deposit by LA-Santa Anita, LLC, as developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement, Improvement Securities and Monumentatjon Cash Deposit 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 Cu6amonga, and that said Parcel Map 16539 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. ~} S" ~,~ A SOLtmON OF THE CItY CO, C OF THE Cr Y 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 PARCEL MAP 16539 WHEREAS, the City Council of the City of Rancho Cucamonga, California, 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. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of 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 owner of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 72 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIlID") 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 heroin 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 proscribed in the 72 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 proscribed in the 72 Act and/or Article XIlID applicable to the authorization to levy the proposed annual assessment against the Temtory 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 to levy such proposed annual assessment set forth in Exhibit C attached hereto; and 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 B hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: The above recitals are all tree and correct. - SECTION 2: This City Council hereby finds and determines that: a. 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. b. 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 Improvements. c. 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. SECTION 4: All future proceedings of the Maintenance Districts, including levy of all 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: LA-Santa Anita, LLC, a California Limited Liability Company The legal description of the Property is: A SUBDIVISION OF PARCELS 1 AND 2 OF PARCEL MAP NO. 15665, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 200, PAGES 93 AND 94, IN THE OFFICE OF THE RECORDER OF SAD COUNTY The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-I PM 16359 Exhibit B To Description of the District Improvements Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL) Landscape Maintenance District No. 3B (LMD #3B) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels ~vithin that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres associated with the Adult Sports Park (not including the stadium, parking lots or the maintenance building). 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. 6 (COMMERCIAL/INDUSTRIAL) Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. This' sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. B-I PM 16539 Proposed additions to Work Program (Fiscal Year 2004/2005) Project: PM 16539 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # I --- 8* ......... SLD # 6 4, 4* ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 3B ......... 15, 80* *Existing items installed with original project Assessment Units by District Parcel Acres S 1 S 6 L 3B 1 0.83 1.66 0.83 0.83 2 0.39 0.78 0.39 0.39 3 0.48 0.96 0.48 0.48 4 0.52 1.04 0.52 0.52 5 0.61 1.22 0.62 0.62 6 0.54 1.08 0.54 0.54 7 0.57 1.14 0.57 0.57 8 0.82 1.64 0.82 0.82 9 0.71 1.42 0.71 0.71 10 0.86 1.72 0.86 0.86 11 0.96 1.92 0.96 0.96 12 0.83 1.66 0.83 0.83 13 0.89 1.78 0.89 0.89 14 0.94 1.88 0.94 0.94 15 0.59 1.18 0.59 0.59 16 0.52 1.04 0.52 0.52 17 1.15 2.30 1.15 1.15 B-2 PM t6539 ~/ Exhibit C Proposed Annual Assessment Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2004/05. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Comm/lnd Acre 2186.85 1.0 2186.85 $352.80 $771,520.68 The Proposed Annual Assessment against the Property (PM 16539) is: Parcel 1 - 0.83 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $292.82 Annual Assessment Parcel 2 - 0.39 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $137.59 Annual Assessment Parcel 3 - 0.48 Acres x I A.U. Factor x $352.80 Rate Per A.U. = $169.34 Annual Assessment Parcel 4 - 0.52 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $183.46 Annual Assessment Parcel 5 - 0.61 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $215.21 Annual Assessment Parcel 6 - 0.54 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $190.51 Annual Assessment Parcel 7 - 0.57 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $201.10 Annual Assessment Parcel 8 - 0.82 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $289.30 Annual Assessment Parcel 9 - 0.71 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $250.49 Annual Assessment Parcel 10-0.86 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $303.41 Annual Assessment Parcel 11-0.96 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $338.69 Annual Assessment Parcel 12-0.83 Acres x I A.U. Factor x $352.80 Rate Per A.U. = $292.82 Annual Assessment Parcel 13-0.89 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $313:99 Annual Assessment Parcel 14-0.94 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $331.63 Annual Assessment Parcel 15-0.59 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $208.15 Annual Assessment Parcel 16-0.52 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $183.46 Annual Assessment Parcel 17-1.15 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $405.72 Annual Assessment C-1 PM 16539 ~,n STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. 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 Family Parcel 2 l, 151 1.00 21,151 $17.77 $375,853.27 Multi-Family Unit 8,540 1.00 8,540 $17.77 $151,755.80 Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (PM 16539) is: Parcel I - 0.83 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $29.50 Annual Assessment Parcel 2 - 0.39 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $13.86 Annual Assessment Parcel 3 - 0.48 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $17.06 Annual Assessment Parcel 4 - 0.52 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $18.48 Annual Assessment Parcel 5 - 0.61 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $21.68 Annual Assessment Parcel 6 - 0.54 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $19.19 Annual Assessment Parcel 7 - 0.57 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $20.26 Annual Assessment Parcel 8 - 0.82 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $29.14 Annual Assessment Parcel 9 - 0.71 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $25.23 Annual Assessment Parcel 10-0.86 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $30.56 Annual Assessment Parcel 11-0.96 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $34.12 Annual Assessment Parcel 12-0.83 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $29.50 Annual Assessment Parcel 13-0.89 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $36.63 Annual Assessment Parcel 14-0.94 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $33.41 Annual Assessment Parcel 15-0.59 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $20.97 Annual Assessment Parcel 16-0.52 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $18.48 Annual Assessment Parcel 17-1.15 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $40.87 Annual Assessment C-2 PM 16539 ~5 STREET LIGHT MAINTENANCE DISTRICT NO, 6 (COMMERCIAL/INDUSTRIAL): The rate ,per assessment unit (A.U.) is $51.40 for the Fiscal Year 2004/05. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01 The Proposed Annual Assessment against the Property (PM 16539) is: Parcel 1 - 0.83 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $42.66 Annual Assessment Parcel 2 - 0.39 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $20.05 Annual Assessment Parcel 3 - 0.48 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $24.67 Annual Assessment Parcel 4 - 0.52 Acres x I A.U. Factor x $51.40 Rate Per A.U. = $26.73 Annual Assessment Parcel 5 - 0.61 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $31.35 Annual Assessment Parcel 6 - 0.54 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $27.76 Annual Assessment Parcel 7 -0.57 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $29.30 Annual Assessment Parcel 8 - 0.82 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $42.15 Annual Assessment Parcel 9 - 0.71 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $36.49 Annual Assessment Parcel 10-0.86 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $44.20 Annual Assessment Parcel 11-0.96 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $49.34 Annual Assessment Parcel 12-0.83 Acres x 1 A.U. Factor x $51.40Rate Per A.U. = $42.66 Annual Assessment Parcel 13-0.89 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $45.75 Annual Assessment Parcel 14-0.94 Acres x I A.U. Factor x $51.40 Rate Per A.U. = $48.32 Annual Assessment Parcel 15-0.59 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $30.33 Annual Assessment Parcel 16-0.52 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $26.73 Annual Assessment Parcel 17-1.15 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $59.11 Annual Assessment C-3 PM 16539 ~ R A N C H O C U C A M O N G A I~NG1NI~I~DI N G DIVI&ION Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer ~: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHT MAINTENANCE DISTRICT NOS. I AND 7 FOR TRACT MAP 16466, LOCATED NORTH OF BANYAN FOR TRACT MAP 16466, LOCATED NORTH OF BANYAN STREET BETWEEN ETIWANDA AND BLUEGRASS AVENUES, SUBMITTED BY CARRIAGE ESTATES III, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions accepting the subject agreement, securities and ordering the annexation to Landscape Maintenance District No. 7 and Street Light Maintenance District Nos. 1 and 7 for Tract Map 16466 and authorizing the Mayor to sign said agreement. BACKGROUND/ANALYSIS Tentative Tract Map 16466, located north of Banyan Street between Etiwanda and Bluegrass Avenues, in the Very Low Residential and Estate Districts of the Etiwanda Specific Plan, was approved by the Planning Commission on November 12, 2003. This project is for a subdivision of 33 single family lots on 28.7 acres of land. The Developer, Carriage Estates HI, LLC, is submitting an agreement and securities to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond $836,900.00 Labor and Material Bond $418,450.00 Copies of the agreement and securities are available in the City Clerk's Office. Respectfully submitted, Williaqn J. O Neil City Engineer WJO:WV:pjb Attachment(s) TTH 16,~66 ZIO F~-EW4 y CITY OF ITEM: RANCHO CUCAMONGA TITLE: ENGINEERING DIVISION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TRACT 16466 WHEREAS, Tentative Tract Map 16466, submitted by Carriage Estates III, LLC and consisting of a subdivision of 28.7 acres of land into 33 single family lots, located north of Banyan Street between Etiwanda and Bluegrass Avenues, in the Very Low Residential and Estate Districts, was approved by the Planning Commission of the City of Rancho Cucamonga on November 12, 2003; and WHEREAS, all the requirements established as prerequisite to approval of the installation of public street improvements by the City Council of said City have now been met by posting the Improvement Securities by Carriage Estates III, LLC, as developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP 16466 WHEREAS, the City Council of the City of Rancho Cucamonga, California, 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 (the "72 Act"), said Landscape Maintenance District 7, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 7 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the 72 Act authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of 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 owner of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 72 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 72 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 RESOLUTION TR 16466- CARRIAGE ESTATES III, LLC February 16, 2005 Page 2 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 72 Act and/or Article XIIID applicable to the authorization to 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 to levy such proposed annual assessment set forth in Exhibit C attached hereto; and 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 amount snot to exceed the amounts set forth in Exhibit B hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all tree and correct SECTION 2: This City Council hereby finds and determines that: a. 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. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determine in relationship to the entirety of the cost of the maintenance of the Improvements. c. 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. SECTION 4: All future proceedings of the Maintenance Districts, including levy of all 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: TRIMARK PACIFIC RANCHO CUCAMONGA, LLC, A California Limited Liability Company The legal description of the Property is: Real property in the City of Rancho Cucamonga, County of San Bemardino, State of California, described as follows: TENTATIVE TRACT MAP NO. 16466 BEING A SUBDIVISION OF THE FOLLOWING DESCRiBED PROPERTY: PARCEL NO. 1: THE NORTH V2 OF THE NORTH ~/2 OF LOTS 11 AND 12, BLOCK "C," 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(S) 24, RECORDS OF SABD COUNTY. EXCEPTING THEREFROM THE WEST 40 FEET OF LOT 12. NOTE: AREA AND DISTANCE OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL NO. 2: THE SOUTH ~/2 OF THE NORTH Vz OF LOTS 11 AND 12, BLOCK "C," ETI%VANDA COLONY LANDS, IN THE C1TY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE WEST 40 FEET OF LOT 12. NOTE: AREA AND DISTANCE OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL NO. 3: THE NORTH t/z OF THE NORTH V2 OF LOTS 9 AND 10, BLOCK "C," ETlWANDA COLONY LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, RECORDS OF SAID COUNTY. NOTE: AREA AND DISTANCE OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL NO. 4: PARCEL A OF CERTIFICATE OF COMPLIANCE NO. 582, RECORDED SEPTEMBER 17, 2004 AS INSTRUMENT NO. 2004-677935, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 7/> THE SOUTH V2 OF THE NORTH ½ OF LOTS 9 AND 10, BLOCK "C," 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(S) 24, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 156 FEET OF THE EAST 150 FEET OF THE NORTH HALF OF SAID LOT 9, AS MEASURED FROM THE WEST LINE OF ETIWANDA AVENLrE, SAID WEST LINE BEING 40 FEET WESTERLY OF THE CENTER LINE OF ETFvVANDA AVENUE, AS SHOWN ON SAID MAP. ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF SAID LOT 9, DESCRIBED AS FOLLOWS: ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF SAID LOT 9, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 150 FEET OF THE NORTH HALF OF SAID LOT 9, MEASURED FROM THE WEST LINE OF ETIWANDA AVENUE, SAID WEST LINE BEING 40 FEET WESTERLY OF THE CENTERLENE OF ETFiVANDA AVENUE AS SHOWN ON SAD MAP; THENCE NORTH 45° 05' 12" WEST 50.20 FEET; THENCE, NORTH 06° 16' 59" EAST 119.23 FEET TO THE BEGINNING OF A NON-TANGENT 328 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO THE BEGINNING OF SAD CURVE BEARS NORTH 04° 24' 20" EAST; THENCE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 57' 12", A ARC DISTANCE OF 22.63 FEET TO THE WEST LINE OF SAID ABOVE MENTIONED EAST 150 FEET OF THE NORTH HALF OF SAD LOT 9; THENCE, ALONG SAD LAST MENTIONED WEST LINE, SOUTH 00° 02' 26" WEST, 153.00 FEET TO THE POINT OF BEGINNING. PARCEL NO. 5: THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH V2 OF THE NORTHEAST ~ OF SECTION 29, TOWNSHIP I NORTH, 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 THEREOF. EXCEPTING THAT PORTION OF SAlD LAND CONVEYED IN A GRANT DEED RECORDED NOVEMBER 27, 1962, IN BOOK 5807, PAGE 6618, OFFICIAL RECORDS, BEING DESCRIBED THEREIN AS FOLLOWS: THE EAST ½ OF THE SOUTH V2 OF THE NORTH ½ OF THE SOUTH ½ OF THE NORTHEAST IA OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY. (SAID EXCEPTED PROPERTY IS ALSO KNOWN AS THE SOUTH V2 OF LOTS 9 AND 10, BLOCK "C," ETIWANDA COLONY LANDS, IN THE COUNTY oF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, RECORDS OF SAID COUNTY.) ALSO EXCEPTING THEREFROM THE WEST 40 FEET. NOTE: THIS PROPERTY IS ALSO KNOWN ON THE MAP OF ETIWANDA COLONY LANDS RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY. APN: 0225-111-18,20,24,25 AND 0225-111-27 · cXHISIT ~-~'~ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. STREET LIGHTING MAINTENANCE DISTRICT NOS. AND 7 CITY OF RANCHO CUCAMONGA NORT[! COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Exhibit B To Description of the District Improvements Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): Landscape Maintenance District No. 7 (LMD #7) represents landscape sites throughout the Etiwanda North Area. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park. 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 sims 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. 7 (NORTH ETIWANDA): Street Light Maintenance District No. 7 (SLD #7) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north 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 North Etiwanda area. Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2004/2005) For Project: TR 16466 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLMD # I --- 8 ......... SLMD # 7 25 ...... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 7 --- --- 9303 177 *Existing items installed with original project (TR 16466 Assessment Units by District Parcel DU SLMD 1 SLMD7 LMD7 --- 33 33 33 33 Exhibit C Proposed Annual Assessment Fiscal Year 2004/2005 LANDSCAPE MAINTENANCE DISTRICT NO.7 (NORTH ETIWANDA) The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2004/05. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda): # of Rate Per # of Physical Assessment Assessment Assessment Land Use Type Units Units Factor Units Unit Revenue Single Family Parcel 1572 1.00 1572 $307.05 $482,682.60 Corem/Ind. Acre 5 2.00 10 $307.05 $3,070.50 TOTAL $485,753.10 The Proposed Annual Assessment against the Property (TR 16466) is: 33 Parcels x 1 A.U. Factor x $307.05 Rate Per A.U. = $10,132.65 Annual Assessment STREET LIGHT MAINTENANCE DISTR/CT NO. 1 (ARTERIAL STREETS) The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2004/05. 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 Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Multi-Family Unit 7,402 1.00 7,402 $17.77 $131,533.54 Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (TR 16466) is: 33 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $586.41.71 Annual Assessment c-1 STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2004/05. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 1804 1.00 1804 $33.32 $60,109.28 Comm/Ind Acre 5 2.00 10 $33.32 $333.20 TOTAL $60,442.48 The Proposed Annual Assessment against the Property (TR 16466) is: 33 Parcels x I A.U. Factor x $33.32 Rate Per A.U. = $1,099.56 Annual Assessment I~ A N C H O C U C A M O N G A ENGINEERING DIVI&ION Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer S~: APPROVAL OF MAP AND MONUMENTATION CASH DEPOSIT FOR PARCEL MAP 16657, LOCATED AT THE SOUTHEAST CORNER OF ROCHESTER AVENUE AND JACK BENNY DRWE, SUBMITTED BY STADIUM PLAZA SOUTH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Parcel Map 16657, accepting the monument~tion cash deposit and authorizing the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tenta6ve Parcel Map 16657, located at the southeast corner of Rochester Avenue and Jack Benny Drive, in the General Industrial District (subarea 8), was approved by the Planning Commission on December 8, 2004. This project is for a subdivision of one lot for condominium purposes on 7.10 acres of land. The Developer, Stadium Plaza South, LLC, a California Limited Liability Company, is submitting a monumentation cash deposit to guarantee the construction of the public improvements in the following amounts: Monumentation Cash Deposit $ 2,450.00 Copies of the securities are available in the City Clerk's Office. Respectfully submitted, ~William/.~0,~~/~4(~ ~''/(-~ City Engineer WJO:WV:pjb CITY OF ITEM: RANCHO CUCAMONGA TITLE: ENGINEERING DIVISION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 16657, AND MONUMENTATION CASH DEPOSIT WHEREAS, Tentative Parcel Map 16657, submitted by Stadium Plaza South, LLC, a California Limited Liability Company, and consisting of a subdivision of 7.10 acres of land into one lot, located at the southeast comer of Rochester Avenue and Jack Benny Drive, in the General Industrial Park (Subarea 8), was approved by the Planning Comrmssion of the City of Rancho Cucamonga on December 8, 2004; and WHEREAS, Parcel Map No. 16657 is the final map of the division of land approved as shown on the Tentative Parcel 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 posting the Monumentation Cash Deposit by Stadium Plaza South, LLC, a California Limited Liability Company, as developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Monumentation Cash Deposit submitted by said developer be and the same is hereby approved and that said Parcel Map No. 16657 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. ---.% R A N C H O C U C A M O N G A ENGINEERING DEPARTgENT Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer /,% BY: Jerry A. Dyer, Senior Civil Engineer / SUBJECT: APPROVAL OF A CONTRACT AMENDMENT (CO#03-091) ADJUSTING THE HOURLY RATES FOR INSPECTION SERVICES PROVIDED BY AUFBAU CORPORATION RECOMMENDATION Staff recommends that the City Council, by minute action, authorize the adjustment of hourly rates for inspection services. BAC KG RO U N D/ANALYSIS At the City Council meeting of July 7, 2004, the City Council authorized the continued utilization of Aufbau Corporation for contract inspection services. Aufbau is continuing their scope of services under an existing contract approved by City Council on September 3, 2003, Contract No. 03-091. At that time, the hourly rate of $65.00 for Non-Public Works Projects and $68.00 for Public Works Projects was offered to the City. Additionally, Aufbau provides vehicles, cellular phones and light tools for their inspector's. Aufbau is requesting an adjustment of the rate to $74.00 for Non-Public Works Projects and $78.00 for Public Works Projects, and the adjustment being effective and retroactive to January 1, 2005. This increase is directly attributed to the increased costs of benefit packages provided to Construction Inspectors for Public Works Projects per the Director of Industrial Relations, including the increased costs of insurance, gasoline, cellular phones, and company overhead and profit. The increased cost is still highly competitive when comparing rates with other inspection firms. Due to the extreme workload for inspection services it is necessary to utilize contract CITY COUNCIL STAFF REPORT Re: Contract Amendment - Aufbau Corporation February 16, 2005 Page 2 consulting services. It should be noted costs are incurred only when inspection services are needed. There are no on call or retainer costs. Staff recommends City Council authorize the requested increase. Respec,tfully submitted, Willian~ J. O'Neil City Engineer WJO:JAD $1 R A N C H O C U C A M O N G A ENGINEERING DEP^RT~MENT Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O Neil, C~ty Engineer BY: Cindy Hackett, Associate Engineer~'J ~ SUBJECT: AUTHORIZE THE EXECUTION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE HAVEN AVENUE STREET WIDENING AND STORM DRAIN AND PROJECT, FROM BASE LINE ROAD TO SOUTH OF ROUTE 210 FREEWAY, TO DAN GUERRA & ASSOCIATES TO INCREASE THE CONTRACT AMOUNT FROM $440,691.05 TO $515,691.05 TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NO. 11763035650/1124170-0 AND APPROPRIATE $75,000.00 FROM MEASURE 'T' FUND BALANCE TO ACCOUNT NO. 11763035650/1124170-0 RECOMMENDATION It is recommended that the City Council authorize the execution of an amendment to' the Professional Services Agreement for the Haven Avenue Storm Drain and Street Widening Project, from Base Line Road to south of the Route 210 Freeway, to Dan Guerra & Associates to increase the contract amount from $440,691.05 to $515,691.05 to be funded by Measure 'T' funds, Account No. 11763035650/1124176-0 and appropriate $75,000.00 from Measure 'T' fund balance to Account No. 11763035650/1124170-0. BACKGROUND / ANALYSIS On June 21, 2000, City Council awarded the subject agreement to Dan Guerra & Associates to provide Engineering Design Services for the Haven Avenue Storm Drain and Street Widening Project. This project will replace the trapezoidal channel on the west side of Haven Avenue with underground storm drain and widen the street to three lanes on the west side with curb, gutter sidewalk and street lights. In addition, the intersection at Base CITY COUNCIL STAFF REPORT Re: Amendment to Professionar Services Agreement with Dan Guerra & Associates February 16, 2005 Page 2 Line Road will be improved with dual left turn lanes on Base Line and a right turn lane will be added for the southbound traffic on Haven. Additional unanticipated services involving the existing garden walls along the west right-of- way of Haven Avenue have arisen that were not clear at the project's onset until street profiles were completed. Those services include survey of the existing walls from Base Line to north of 19th Street, preparation of profiles of the existing walls, analysis of profiles for both parallel and replacement walls, preparation of wall calculations and details. Respectfully submitted, W~am J. O'Neil City Engineer W JO:CH Attachment Dan uerra & Associates CIVIL ENGINEERS · LAND SURVEYORS I0271-B TRADEMARK STREET, RANCHO CUCAUONGA, CAUFORNIA g1730 PHONE: (909) 987-4306 - FAX: (9Dg) 941-1528 January 26, 2005 (revised) City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Re: Haven Avenue Street/Storm Drain Project Base Line to North of 19~h Street Contract No. CC00-004 P.O. No. 35490.00 dated 6/28/2000 Attn: William J. O'Neil, City Engineer Dear Joe: We have been requested to complete the above noted project originally begun in June 2000, and pursue award of the construction contract prior to June 30, 2005. Additional unanticipated expanded services involving the existing garden walls along the west right-of-way of Haven Avenue have arisen that were not clear at the project's onset until street profiles were completed. Those services include survey of the existing wall (including elevations on both sides of the wall and step locations) fi.om Base Line to north of 19th Street (approximately 5,000 linear feet); preparation of profiles of the existing wall; analysis of profiles for both parallel and replacement walls; preparation of wall structural calculations and details. Our records indicate our Amended Agreement in the amount of four hundred fifteen thousand four hundred dollars ($415,400) has an outstanding balance of twenty-five thousand two hundred ninety-one dollars and five cents ($25,291.05). We believe an increase in the existing contract amount of seventy-five thousand dollars ($75,000) will be necessary to complete the project. We anticipate the proposed contract increase will provide for completion of the project to meet the designated schedule. Thank you very much for continuing to give us the opportunity to provide you with our services. Please do not hesitate to contact me should you have any questions or comments, or should you require any additional information. Yours very truly DEG:hb cc: Jerry Dyer - Senior Engineer Cindy Hackett - Project Manager Haven Avenue Storm Drain - Wall Review and Design Anticipated Time Allotment Task Man Hour Distribution PE D DR TS 3S Survey 8 40 64 Plot Existing Wall 8 16 40 24 Replacement Wall Analysis 8 16 24 40 Parallel Wall Analysis 8 16 24 40 Wall Structural Calculations 8 24 40 24 Wall Details 8 16 24 24 4~8 8_~8 152 19~2 6~4 ~ 160/hr. ~llS/hr. ~105/hr. ~ll0/hr. ~315/hr. Total $7,680+ $10,120+ $15,960+ $21,120+ $20,160= $75,040 PE = Principal Engineer D = Designer DR = Draftsperson TS = Technical Support 3S = 3-Man Survey HERMOSA AVENUE STREET WIDENING AND PAVEMENT REHABILITATION FROM HIGHLAND AVENUE TO BANYAN STREET CITY OF RANCHO CUCAMONGA~ VICINITY MAP TH E CITY OF I I RANCHO CUCAMONGA DATE: February 16, 2005 TO: President and Members of the Board Mayor, Members of the City Council Jack Lam, AICP, City Manager FROM: Peter Bryan, Fire Chief Joe O'Neil, City Engineer BY: Dawn Haddon, Purchasing Manager Sam Dominick, Maintenance Officer Greg Gunski, Fleet Maintenance Supervisor SUBJECT: AUTHORIZATION TO CONTRACT WITH R.Y. RODRIGUEZ FOR ON-GOING FUEL STATION REPAIR, MAINTENANCE, TESTING, AND CERTIFICATION AT THE CORPORATE YARD, SPORTS COMPLEX, AND FIRE STATIONS 171, 172,174,175,176 FOR AN ANNUAL AMOUNT NOT TO EXCEED $20,500 ($15,000 FROM FUND NUMBER 1001317-5300; $5,500 FROM FUND NUMBER 3281527-5200) FOR THE REMAINDER OF FISCAL YEAR 04/05, WITH THE OPTION TO RENEW FOR ADDITIONAL ONE (1) YEAR PERIODS UPON REVIEW OF CONTRACT AND MUTUAL CONSENT, UP TO A TOTAL OF THREE (3) YEARS. RECOMMENDATION It is recommended that the City Council and Fire Board of Directors authorize a contract with R.Y. Rodriguez for on-going fuel station repair, maintenance, testing and certification at the Corporate Yard, Sports Complex, and Fire Stations 171, 172, 174, 175, and 176 for an annual amount not to exceed $20,500 ($15,000 from fund number 1001317-5300; $5,500 from fund number 3281527-5200) for the remainder of fiscal year 04/05, with the option to renew for additional one (1) year periods upon review of contract and mutual consent, up to a total of three (3) years. BACKGROUND/ANALYSIS The City Fleet Maintenance section maintains two (2) fueling facilities located at the Corporate Yard and the Sports Complex. Fire Maintenance maintains five (5) fueling facilities located at fire stations 171, 172, 174, 175, and 176. These facilities have underground storage tanks (USTs) that require monthly, quarterly, annual and bi-annual testing as required by State and Local government regulations. Along with the repairs necessary to these facilities as a result of these inspections and certifications, as of January 1, 2005, the State Water Resources Board requires all UST facilities to designate a "Certified UST Operator" to all sites. This operator must possess a current ".California UST Operator" certificate issued by the International Code Council (ICC). Underground Storage Tank Inspection and Repair February 16, 2005 Page 2 In October 2004, Fleet and Fire Maintenance provided specifications to Purchasing for the required services needed to maintain all current fuel stations. Purchasing prepared a formal Request for Bid and sent it to 12 vendors. Two (2) responses were received. After analysis of the bid responses by the Fleet Maintenance Supervisor, the Fire Maintenance Officer and Purchasing Staff, it has been determined that R.Y. Rodriguez is the lowest, most responsive, responsible bidder that met the required specifications. ,~~ctfully submitted, Joe/O'Neil Peter Bryan Fire Chief R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT S ffReport DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: James T. Harris, Associate Engineer SUBJECT: AUTHORIZE THE EXECUTION OF PROGRAM SUPPLEMENT NO. 007-M TO THE ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5420 COVERING THE INSTALLATION OF SOLAR POWERED FLASHING BEACONS ON HERMOSA AVENUE AT 500 FEET NORTH OF AND 500 FEET SOUTH OF FERON BOULEVARD RECOMMENDATION It is recommended that the City Council approve the execution of Program Supplement No. 007-M to Administering Agency-State Agreement No. 08-5420, and authorizing the City Clerk to attest and the Mayor to sign said agreement. BACKGROUND/ANALYSIS The Solar Powered Flashing Beacon project on Hermosa Avenue at 500 feet north of and 500 feet south of Feron Boulevard qualifies for Safe Route to School funding. The funds are administered by the Department of Transportation Design and Local Programs and, therefore, the City must execute a supplement to the existing Administering Agency-State Agreement No. 08-5420. Respectfully submitted, William J. O Neil City Engineer WJO:JTH:Is PROPOSED SOLAR : FLASHING BEACON ~ ' ~ --~1 sc.oo, CROSSING FpiI~ONBLVD PROPOSED SOLAR POWERED- x i --~i , ~ · · FLASHING BEACON i;,. ~ ~ ; ' -- PROPOSED PROJECT R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT StaffReport DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENTS EXTENSION FOR PM 16245 AND PM 16245 FOURTH STREET STORM DRAIN SYSTEMS, LOCATED AT THE NORTHWEST CORNER OF 4TM STREET AND MILLIKEN AVENUE, SUBMITTED BY JEFFERSON ON FOURTH, L.P. RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreements extension and securities and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreements and Improvement Securities to guarantee the construction of the public improvements for PM 16245 and PM 16245 Fourth Street Storm Drain Systems were approved by the City Council on 3-17-04 in the following amounts: PM 16245. PM 16245 4th St. Storm Drain Faithful Performance Bond: $1,054,800.00 $380,800.00 Labor and Material Bond: $527,400.00 $190,400.00 Monumentation Cash Deposit $2,500.00 The general contractor is 90% complete with these improvements and it is expected that the improvements will be fully completed prior to the expiration of the one-year extension period. The developer Jefferson on Fourth, L.P., is requesting approval of a 12-month extension on said improvement agreements. Copies of the Improvement Agreements Extension are available in the City Clerk's office. Respectively submitted, William J. O Neil City Engineer WJO:TCH Attachments JEFFERSON ON FOURTH, L.P. 8910 University Center Lane, Suite 150 San Diego, California 92122 (858) 458-1200 / Fax: (858) 458-1716 February 2, 2005 Ms. Tasha Hunter CITY OF RANCHO CUCAMONGA VIA FAX: 909/477-2741 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 Re: Jefferson on Fourth City of Rancho Cucamonga Improvement Agreements Dear Ms. Hunter: The purpose of this letter is to request extensions of time to both the City of Rancho Cucamonga Improvement Agreement for Parcel Map 16245 and the City of Rancho Cucamonga hnprovement Agreement for Parcel Map 16245 Fourth Street Storm Drain Systems. Our general contractor is approximately 90% complete with these improvements and it is expected that the improvements will be fully completed prior to the expiration of the one year extension period. If you have any questions or need additional information, please contact me at 858/458-1200, ext. 104. Thank you for your assistance with this matter. Very truly yours, Jefferson on Fourth, L.P. a Delaware limited partnership By: Jefferson on Fourth LLC, a Delaware limited liability company its general partner Heidi W. Mather Area Vice President ARROW ROUTE ' $ OJI LOCATION 4TH ST. INLAND EMPIRE BLVD. ~AN BERNARDINO (10)FREEWAY CITY OF ltANCHO CUCAMONGA KNG~G DIVISION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS EXTENSION AND IMPROVEMENT SECURITIES FOR PM 16245 AND PM 16245 FOURTH STREET STORM DRAIN SYSTEMS WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreements Extension executed on February 16, 2005, by Jefferson on Fourth, L.P., as developer, for the improvement of public right-of- way adjacent to the real property specifically described therein, and generally located at the northwest corner of 4th 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 PM 16245 and PM 16245 Fourth Street Storm Drain Systems; and WHEREAS, said Improvement Agreements Extension is secured and accompanied by good and sufficient Improvement Securities, which is identified in said Improvement Agreements Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreements Extension and said Improvement Securities be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreements Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. R A C H O C U C A M O N G A E N Gl N E E R I N G D E P A R T M E N T DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR CUP94-39, LOCATED ON THE NORTH SIDE OF ASHFORD STREET EAST OF CENTER AVENUE, SUBMITTED BY CUCAMONGA VALLEY WATER DISTRICT RECOMMENDATION: The required improvements for CUP94-39 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements and authorize the City Engineer to file a Notice of Completion. BACKGROUND/ANALYSIS: As a condition of approval of completion of CUP94-39, located on the north side of Ashford Street east of Center Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council file a Notice of Completion. Respectfully submitted, L_ ,.4 William J. O'Neil City Engineer WJO:TCH Attachment(s) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP94-39 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CUP94-39 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N C H O C U C A M O N G A ~NCINE~I~ING D~PAI~TM£NT DAI~: Februanj 16, 2005 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Svc. Tech I SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND FOR DR00-28, LOCATED AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND ARROW ROUTE, SUBMITTED BY CATELLUS DEVELOPMENT CORPORATION RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for DR00-28, located at the northwest comer of Milliken Avenue and Arrow Route, submitted by Catellus Development Corporation BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER Catellus Development Corporation 201 Mission Street San Francisco, Ca 94105 Release: Maintenance Guarantee Bond ~,~400SU7178 $21,310.00 Respectfully submitted, William J. O'Neil City Engineer WJO:tch Attachment CITY OF RANCHO CUCAMONGA ITEM: DR 00-28 ENGINEERING DIVISION TITLE: Vicinit¥~ RA N C H O C U C A M O N G A ENGINEEI~INC DEPAI~TM1;NT DA'rE: February 16, 2005 ~ Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Svc. Tech I StiBJECr: RELEASE OF MAINTENANCE GUARANTEE BOND FOR DR00-32, LOCATED ON THE SOUTHEAST CORNER OF 7TH STREET AND UTICA AVENUE, SUBMITTED BY SEVENTH STREET AND UTICA PARTNERS, LLC RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for DR00-32, located on the southeast comer of 7th Street and Utica Avenue, submitted by Seventh Street and Utica Partners, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER Seventh Street and Utica Partners, LLC 8439 White Oak Avenue, Suite 105 Rancho Cucamonga, Ca 91730 Release: Maintenance Guarantee Bond ~30911S-A $930.00 Respectfully submitted, W~lliam J. O'Neil City Engineer WJO:tch Attachment lilLL$1DE tlILLSmE WILSON BANTAN HIOHLAND UPLAND B&SELIflE FONTANA ' THE cITY OF el~ RANCHO CUCAMONGA ONTARIO ~ A C H O C U C ~ M O N G A E N G I N E E RI N G DE P A R T M E N T Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECt: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE LETTER OF CREDIT, ACCEPT A MAINTENANCE LETTER OF CREDIT AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2001-00638, LOCATED ON THE WEST SIDE OF DAY CREEK BOULEVARD AT HIGHLAND AVENUE, SUBMITTED BY DAY CREEK INVESTORS, LLC RECOMMENDATION: The required improvements for DRC2001-00638 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Letter of Credit and accept a Maintenance Letter of Credit. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2001-00638, located on the west side of Day Creek Boulevard at Highland Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Letter of Credit and accept the Maintenance Letter of Credit. DeveloPer: Day Creek Investors, LLC Release: Faithful Perf. - Letter of Credit (Highland Avenue): # NZS489059 $253,900.00 (Bond No.) Accept: Maintenance - Letter of Credit (Highland Avenue): # NZS527105 $25,390.00 (Bond No.) Release: Faithful Perf. - Letter of Credit (Day Creek Blvd): # NZS489061 $193,500.00 (Bond No.) Accept: Maintenance - Letter of Credit (Day Creek BIvd): # NZS527096 $19,350.00 (Bond No.) Respectfully submitted, Willfam J. O'Neil City Engineer WJO:TCH Attachment(s) ~ NORTH fl NTS CITY OF RANCHO CUCAMONGA TITLE: DRC2001-00638 ENGINEERING DIVISION EXHEBIT: Vicinity Map 1 2. RESOLUTION NO. ~),,~'" O~t~) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2001-00638 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2001-00638 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N C H O C U C A M O N G A E N Gl N E £ R I N G D E P A R T M E N T DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Svc. Tech I SUBJECT: RELEASE OF MAINTENANCE GUARANTEE CASH DEPOSIT FOR DRC2002- 00218, LOCATED ON THE WEST SIDE OF SANTA ANITA AVENUE 1000 FEET NORTH OF 4TH STREET, SUBMITTED BY RIDGE SANTA ANITA PARTNERS, LLC RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Cash Deposit, for DRC2002-00218, located on the west side of Santa Anita Avenue 1000 feet north of 4th Street, submitted by Ridge Santa Anita Partners, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER Ridge SantaAnita Partners, LLC 210 Covina Avenue, Suite 8 Long Beach, Ca 90803 Release: Maintenance Guarantee Cash Deposit Receipt #48130. $1,720.00 Respectfully submitted, WilliAm J. O'Neil City Engineer WJO:tch Attachment R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2002-00606, LOCATED ON THE WEST SIDE OF HERMOSA AVENUE, SOUTH OF 8TH STREET AND NORTH OF 7TH STREET, SUBMITTED BY HERMOSA 2 PI, LLC RECOMMENDATION: The required improvements for DRC2002-00606 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Pedormance Bond and accept a Maintenance Bend. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2002-00606, located on the west side of Hermosa Avenue, south of 8th Street and north of 7th Street, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: Hermosa 2 PI, LLC Release: Faithful Performance Bond 104154971 $31,300.00 (Bond No.) Accept: Maintenance Bond 104154971 $3,130.00 (Bond No.) Respectfully submitted, Wilfiam J. O'Neil City Engineer WJO:TCH Attachment(s) FOOTHILL BLVD. rn PRO,JECT -- ,'Y LOCATION ^RRow ROU~E DRC2002-OO(oOdo -- 8TH STREET:: '[TH 6TH STREET 4TH STREET City of Item: Staff Report Rancho Cucamonga Title: Vicinity Map ENGINEERING EXHIBIT 1: DRC2002-00606 DIVISION RESOLUTION NO. ~,~,. ~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00606 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2002-00606 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N H O C U C A M O N G A ENGINEERING DIVISION Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: ACCEPT IMPROVEMENTS, RETAIN $1,150.00 OF THE FAITHFUL PERFORMANCE CASH DEPOSIT IN LIEU OF A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2003- 00302, LOCATED ON THE SOUTH SIDE OF ARROW ROUTE, WEST OF HELLMAN AVENUE, SUBMITTED BY WEST ROCK, LLC RECOMMENDATION: The required improvements for DRC2003-00302 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to retain a portion of the Faithful Performance Bond in lieu of a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2003-00302, located on the south side of Arrow Route, west of Hellman Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council retain a portion of the existing Faithful Performance Bond in lieu of a Maintenance Bond. Respectfully submitted, City Engineer WJ©:TCH Attachment(s) RESOLUTION NO. ~" ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00302 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2003-00302 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. FOOTHILL N ,,,~SUB, :CT PROPERLY ARROW ROUTE 8TH STREET VIClNlLY MAP N CITY OF RANCHO CUCAMONGA Trr~ ENOIN'EERZNO DIVI~ON EX/4IR~: -.~.~ ST R A C H O C U C A M O N G A E N G I N E E R I N G D E P A R T M E N T Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: ACCEPT IMPROVEMENTS, RETAIN $930.00 OF THE FAITHFUL PERFORMANCE CASH DEPOSIT IN LIEU OF A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2003-00330, LOCATED AT THE SOUTHWEST CORNER OF 6TH STREET AND MILLIKEN AVENUE, SUBMITTED BY SILVER OAK DEVELOPMENT RECOMMENDATION: The required improvements for DRC2003-00330 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to retain a portion of the Faithful Performance Bond in lieu of a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2003-00330, located at the southwest corner of 6th Street and Milliken Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council retain a portion of the existing Faithful Performance Bond in lieu of a Maintenance Bond. Respectfully submitted, William J. O'Neil City Engineer WJO:TCFt Attachment(s) IIZ. · -' ASSESSMENT DIAG~ LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAIi'qTF_~N~CE DISTRICT NOS. 1 AND 6 SIXTH~,,~,~,e"~-"' '..' · CITY OF RANCHO CUCAMONGA ~ORTig COUNTY OF SAN BERNARDINO I ! ,~ ST^TE 0~' C^U~Or~^ ~ RESOLUTION NO, l~g'" l~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00330 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2003-00330 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. RANCHO C U C A M O N G A ENGINEERING DEPARTMENT Repo DATE: Februanj 16, 2005 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SLJBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2003-00869, LOCATED AT THE SOUTHWEST CORNER OF HAVEN AVENUE AND 6TH STREET, SUBMI'CI'ED BY OLTMANS CONSTRUCTION CO. RECOMMENDATION: The required improvements for DRC2003-00869 have been completed in an acceptable manner, end it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUNDIANALYSlS: As a condition of approval of completion of DRC2003-00869, located at the southwest comer of Haven Avenue and 6th Street, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer. Oltmans Construction Co. Release: Faithful Performance Bond #104199927 $7§9,200.00 (Bond No.) Accept: Maintenance Bond #104199927 $76,920.00 (Bond No,) Respectfully submitted, William J. O'Neil City Engineer WJO:TCH Attachment(s) __~, FOOTHILL BL VD ~ ARROW ROUTE ' ~ ~ SIT~ ~TH ST IN. ND; EMPIRE BL VD ~~0 CITY OF I'I'F.,M: ,~~:~~ RANCHO CUCAMONGA gNG]Z~.I~.ING DI%qSION RESOLUTION NO, ~..~"" ~Zj~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2003-00869 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2003-00869 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N H O C U C A M O N G A ENGINEERING DIVISION Staf:f Re rt DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY' Tasha Hunter, Public Svc. Tech I SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND FOR DRCDR01-03, LOCATED ON THE EAST SIDE OF HERMOSA AVENUE, NORTH OF SHARON CIRCLE, SUBMITTED BY FULLMER CONSTRUCTION RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for DRCDR01-03, located on the east side of Hermosa Avenue, north of Sharon Circle, submitted by Fullmer Construction BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER Fullmer Construction 1725 S. Grove Avenue Ontario, Ca 91761 Release: Maintenance Guarantee Bond #24-000-511 $3,080.00 Respectfully submitted, Wi[liam d. O'Neil City Engineer WJO:tch Attachment VICINITY MAP 8 th Si ~EET 'I PROJECT'Si CITY OF RANCHO CUCAMONGA I~ A N C H O C U C A M O N G A E N G I N E E R I N G D E P A R T M E N T DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: ACCEPT IMPROVEMENTS, RELEASE ALL BONDS AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR PM 15731, LOCATED AT THE SOUTHEAST CORNER OF WHITE OAK AND ELM AVENUES, SUBMITTED BY MDC RANCHO TWO, LLC RECOMMENDATION: The required improvements for PM 15731 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release all Bonds. BACKGROUND/ANALYSIS: As a condition of approval of completion of PM 15731, located at the southeast corner of White Oak and Elm Avenues, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release all existing Bonds and file a Notice of Completion. Developer: MDC Rancho Two, LLC Release: All Bonds Respectfully submitted, · O'Neil City Engineer WJO:TCH Attachment(s) HAVEN AVE. UTICA AVE. ASPEN AVE O RED OAK AVE. o ~ ~m E 0'0 ~ Z~ m m WHITE OAK AVE. MAPLE PL. Z MAP ~)RO zO01-' CO"! I dr MiLLiKEN AVE. RESOLUTION NO. ~.~'~"' ~5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15731 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for PM 15731 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County R A N C H O C U C A M O N G A ~ N Gl N I~I~D i N G DIVI&I O N Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Svc. Tech I SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BONDS FOR TR 13279, LOCATED ON THE SOUTH SIDE OF HIGHLAND AVENUE, BETWEEN ROCHESTER AND MILLIKEN AVENUES, SUBMITTED BY LYON HOMES, INCORPORATED RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bonds, for TR 13279, located on the south side of Highland Avenue, between Rochester and Milliken Avenues, submitted by Lyon Homes, Incorporated. BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER Lyon Homes, Incorporated 4490 Von Karman Avenue Newport Beach, Ca 92660-2008 Release: Maintenance Guarantee Bonds #7132212-M $15,504.10 #7132208-M $30,355.90 #7132207-M $36,205.50 Respectf,ully submitted, City Engineer WJO:tch Attachment R A N C H O C U C A M O N G A ENGINEERING DE PARTIal EN'~ DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Svc. Tach I SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BONDS FOR TR 15072 AND 15072-1, LOCATED ON THE SOUTHWEST CORNER OF BASE LINE ROAD AND ROCHESTER AVENUE, SUBMITTED BY LEWIS DEVELOPMENT COMPANY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for TR 15072 and TR 15072-1, located on the southwest corner of Base Line Road and Rochester Avenue, submitted by Lewis Development Company and Kaufman and Broad of Southern California, Inc. BACKGROUND/ANALYSIS The required one-year maintenance period has ended, and the street improvements remain free from defects in materials and workmanship. DEVELOPER Lewis Development Company 1156 North Mountain Avenue Upland, Ca 91786 Release: Maintenance Guarantee Bonds: TR 15072 #513532S $210,200.00 TR 15072-1 #515121S $49,320 CiTY COUNCIL STAFF REPORT 2 TR 15072 & 15072-1 - LEWIS DEVELOPMENT & KAUFMAN & BROAD OF SO. CALIF. February 16, 2005 Page 2 DEVELOPER Kaufman & Broad of So. California 801 Corporate Center Dr., Ste. #201 Pomona, Ca 91786 Release: Maintenance Guarantee Bonds: TR 15072 #929117041 $78,200.00 TR 15072 #11133425261 $405,000.00 Respectfully submitted, Will~am J. O'Neil City Engineer WJO:tch Attachment VICINITY MAI,' TRACT 15072 BASE LINE ROAD CITY OF RANCHO CUCAMONGA COUNTY OF SA. BEH, NABDINO R A N C H O C U C A M O N G A N G I N E E I~ I N G D E P A I~ T M £ N T Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Tasha Hunter, Public Service Tech I SUBJECT: ACCEPT iMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TR 15838, LOCATED ON THE SOUTHWEST CORNER OF WILSON AVENUE AND BLUEGRASS AVENUE, SUBMITTED BY STANDARD PACIFIC CORPORATION RECOMMENDATION: The required improvements for TR 15838 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of TR 15838, located on the southwest corner of Wilson Avenue and Bluegrass Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: Standard Pacific Corporation Release: Faithful Performance Bond 111 3362 1521 $539,200.00 (Bond No.) Accept: Maintenance Bond 111 3362 1521 $53,920.00 (Bond No.) Respectfully submitted, William J. O'Neil City Engineer WJO:TCH Attachment(s) BOUNDARY OF' ANNE'XATION NORTH ~ NTS CITY OF ITEM: Tract RANCHO CUCAMONGA TIer[E: Rancho Etiwanda ENGINEERING DIVISION EXHIBIT: Vicinity Ma~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TR 15838 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for TR 15838 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N C H O C U C A M O N G A ENGINEERI~'G DEPARTMENT Staff Report DA'~E: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Cindy Hackett, Associate Engineer['~'~" Richard Oaxaca, Engineering Techn-"i'r~ian ;~ SUBJECT: ACCEPT THE ARROW ROUTE PAVEMENT REHABILITATION FROM ARCHIBALD AVENUE TO HERMOSA AVENUE, CONTRACT NO. 04-168 AS COMPLETE, APPROVAL TO APPROPRIATE $6,000.00 TO ACCOUNT NO. 11763035650/1370176-0 FROM MEASURE I FUND BALANCE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $267,120.81 RECOMMENDATION It is recommended that the City Council accept the Arrow Route Pavement Rehabilitation from Archibald Avenue to Hermosa Avenue, Contract No. 04-168, as complete, approval to appropriate $6,000.00 to Account No. 11763035650/1370176-0 from Measure I fund balance, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $157,325.90 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $26,712.08, 35 days after acceptance. Also, approve the final contract amount of $267,120.81. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Arrow Route Pavement Rehabilitation from Archibald Avenue to Hermosa Avenue scope of work consisted of cold milling, removal and replacement of heavily degraded pavement, asphalt rubber hot mix overlay, adjustment of manholes, gas and water valves, replacement of damaged CITY COUNCIL STAFF REPORT Re: Accept Arrow Route Pavement Rehabilitation from Archibald Avenue to Hermosa Avenue February 16, 2005 Page 2 traffic signal loops, re-striping and pavement markings. Pertinent information of the project is as follows: > Budgeted Amount: $275,000.00 > Account Numbers: 11763035650/1370176-0 > Engineer's Estimate: $189,514.00 > City Council's Approval to Advertise: September 15, 2004 > Publish dates for local paper: September 21 & 28, 2004 > Bid Opening: October 5, 2004 ~> Contract Award Date: October 20, 2004 > Low Bidder: Silvia Construction, Inc. ~ Contract Amount: $157,325.90 > 10% Contingency: $15,732.59 > Final Contract Amount: $267,120.81 ~. Difference in Contract Amount: $109,794.91 (69.79%) The net increase in the total cost of the project is a result of final quantities being higher than estimated quantities and emergency work added to the contract. Notable overages were the additional pavement removal and replacement, and Contract Change Order No. 1 for the repair required after drainage and street failure caused by a severe rainstorm outside the scope of the original contract. Respectfully submitted, W~O'Noil City Engineer WJO:CH/RO:Is Attachments RESOLUTION NO. ~,~'" ~)~-~ ¢ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE PAVEMENT REHABILITATION FROM ARCHIBALD AVENUE TO HERMOSA AVENUE, CONTRACT NO. 04-168 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Arrow Route Pavement Rehabilitation from Archibald Avenue to Hermosa Avenue, Contract No. 04-168, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bemardino County. PROJECT CITY OF RANCR0 CUCAMONGA T H C I T Y O F RANCHO CUCAMONGA Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Michelle Dawson, Management Analyst III SUBJECT: APPROVAL OF RESOLUTIONS AUTHORIZING THE RANCHO CUCAMONGA POLICE DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN THE MARLBOROUGH VILLAS, TERRA VISTA WESTGATE, AND RANCHO VISTA GATED COMMUNITIES AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 Recommendation It is recommended that the City Council approve the attached resolutions authorizing the Rancho Cucamonga Police Department to enforce the California Vehicle Code (C.V.C.) on the roads in the Marlborough Villas, Terra Vista Westgate, and Rancho Vista gated communities. Back.qround C.V.C. Section 21107.7 authorizes city councils to pass resolutions allowing local police departments to enforce the Vehicle Code on private roads in proximity to or connected to public highways. The owners of the roads or a majority of the board of directors of the common interest development must petition the City Council and the City Council must hold a public hearing, the notice for which must have been provided to all of the owners ten days prior to the hearing. The City has received the request from the boards of directors of the Marlborough Villas Homeowners Association, the Terra Vista Westgate Homeowners Association, and the Rancho Vista Maintenance Corporation. Notices of this hearing have been mailed to all of the owners in these communities as required. It should be noted that authorizing enforcement of the C.V.C. does not also mean there will be additional enforcement. No new personnel are required by the passage of these resolutions. Should the resolutions be approved, staff will work with these organizations to ensure that the proper signs are posted in their community. The costs for these signs will be born by the homeowners' associations and not the City. As this item will be revenue neutral and will enhance public safety it is staff's recommendation that these resolutions be approved. Respectfully submitted, Michelle Dawson Management Analyst III City Manager's Office RESOLUTION NO. 05-O6~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE ENFORCEMENT OF THE · CALIFORNIA VEHICLE CODE IN THE MARLBOROUGH VILLAS GATED COMMUNITY (GENERALLY LOCATED EAST OF ARCHIBALD AVENUE, NORTH OF FOOTHILL BOULEVARD, WEST OF RAMONA AVENUE, AND SOUTH OF CHURCH STREET) AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 WHEREAS, California Vehicle Code Section 21107.7 allows the City to authorize that provisions of the California Vehicle Code be enforced on privately owned and maintained roads near to or connected to public highways; and WHEREAS, the City Council has received a petition from the board of directors of the Marlborough Villas Homeowners Association requesting that the provisions of California Vehicle Code 21107.7 be applied to the roads in their community; and WHEREAS, a public hearing on the matter has been conducted and notice of such hearing was sent to all of the owners in Marlborough Villas in conformance with California Vehicle Code Section 21107.7. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does herby resolve as follows: 1. That the conditions of California Vehicle Code Section 21107.7 have been met. 2. That public safety would be served by making the roads in the Independence at Marlborough Villas Gated Community subject to the California Vehicle Code. 3. That prior to the start of enforcement of the California Vehicle Code, the Marlborough Villas Homeowners Association will post a sign or signs at the entrances to their property of the size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the roads within the community are subject to the provisions of the California Vehicle Code. That prior to the start of enforcement of the California Vehicle Code, the Marlborough Villas Homeowners Association will file with the City Traffic Engineer a plan showing that the location and type of traffic signs, markings or devices are in conformance with the uniform standards of the City of Rancho Cucamonga and the Department of Transportation. RESOLUTION NO. 05-~¢¢~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE TERRA VISTA WESTGATE GATED COMMUNITY AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 WHEREAS, California Vehicle Code Section 21107.7 allows the City to authorize that provisions of the California Vehicle Code be enforced on privately owned and maintained roads near to or connected to public highways; and WHEREAS, the City Council has received a petition from the board of directors of the Terra Vista Westgate Homeowners Association requesting that the provisions of California Vehicle Code 21107.7 be applied to the roads in their community; and WHEREAS, a public hearing on the matter has been conducted and notice of such hearing was sent to all of the owners in Terra Vista Westgate in conformance with California Vehicle Code Section 21107.7. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does herby resolve as follows: 4. That the conditions of California Vehicle Code Section 21107.7 have been met. 5. That public safety would be served by making the roads in the Terra Vista Westgate Gated Community subject to the California Vehicle Code. 6. That prior to the start of enforcement of the California Vehicle Code, the Terra Vista Westgate Homeowners Association will post a sign or signs at the entrances to their property of the size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the roads within the community are subject to the provisions of the California Vehicle Code. 7. That prior to the start of enforcement of the California Vehicle Code, the Terra Vista Westgate Homeowners Association will file with the City Traffic Engineer a plan showing that the location and type of traffic signs, markings or devices are in conformance with the uniform standards of the City of Rancho Cucamonga and the Department of Transportation. RESOLUTION NO. 05-O7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE IN THE RANCHO VISTA GATED COMMUNITY AS AUTHORIZED BY CALIFORNIA VEHICLE CODE SECTION 21107.7 WHEREAS, California Vehicle Code Section 21107.7 allows the City to authorize that provisions of the California Vehicle Code be enforced on privately owned and maintained roads near to or connected to public highways; and WHEREAS, the City Council has received a petition from the board of directors of the Rancho Vista Maintenance Corporation requesting that the provisions of California Vehicle Code 21107.7 be applied to the roads in their community; and WHEREAS, a public hearing on the matter has been conducted and notice of ' such hearing was sent to all of the owners in Rancho Vista in conformance with California Vehicle Code Section 21107.7. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does herby resolve as follows: 1. That the conditions of California Vehicle Code Section 21107.7 have been met. 2. That public safety would be served by making the roads in the Rancho Vista Gated Community subject to the California Vehicle Code. 3. That prior to the start of enforcement of the California Vehicle Code, the Rancho Vista Maintenance Corporation will post a sign or signs at the entrances to their property of the size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the roads within the community are subject to the provisions of the California Vehicle Code. 4. That prior to the start of enforcement of the California Vehicle Code, the Rancho Vista Maintenance Corporation will file with the City Traffic Engineer a plan showing that the location and type of traffic signs, markings or devices are in conformance with the uniform standards of the City of Rancho Cucamonga and the Department of Transportation. THE CITY OF RANCHO CU CAMONGA Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson, AICP, Principal Planner SUBJECT: CONSIDERATION OF A REQUEST FROM GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) TO HAVE THE CITY DESlGNATE THE HABITAT TRUST AS A QUALIFIED CONSERVATION ENTITY FOR THE PURPOSE OF THE MANAGING OF 54 ACRES OF OPEN SPACE PURSUANT TO AN OPEN SPACE TRANSFER PLAN IN SATISFACTION OF THE REQUIREMENTS OF THE ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT FOR THE HENDERSON CREEK PROJECT. RECOMMENDATION: Determine that the Habitat Trust has not demonstrated sufficient qualifications as a conservation entity for the required open space transfer and direct the property to be transferred to the County of San Bernardino Special Districts OS~1. BACKGROUND/ANALYSIS: On July 7, 2004, the City Council approved the project commonly known as the Henderson Creek Development by certifying the Final Environmental Impact Report for Tentative Tract Map SUBTT16324, Development Agreement DRC2003-00751, and Annexation DRD2003-00865 to initiate proceedings for the annexation of 160 acres of land generally located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue; to allow the General Plan Land Use Amendment from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for approximately 63.5 acres of land; to approve the amendment to the Etiwanda North Specific Plan to change the district designation for 63.5 acres of land from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre); deny the appeal thus upholding the Planning Commission's decision to approve Tentative Tract Map SUBTT16324; and to adopt an Ordinance to allow the City to enter into Development Agreement DRC2003-00751. The subject land was annexed to the City on December 26, 2004, by the actions of the Local Area Formation Commission (LAFCO). CITY COUNCIL STAFF REPORT HENDERSON CREEK OPEN SPACE TRANSFER February 16, 2005 Page 2 Granite Equities has submitted a request for the City to consider the Habitat Trust as the conservation entity for managing the open space habitat that was required as mitigation in the Final EIR and by the Development Agreement. The attached correspondence details the information requested by staff and submitted by the Habitat Trust in support of City approVal. Specifically, the Open Space Transfer requirement is as follows: Open Space Transfer Plan The Property Owner shall transfer to the County of San Bernardino Special Districts OS-1 or other qualified conservation entity approved by the City, in fee, a minimum of 54 acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be mutually agreed upon by the property owner and the conservation entity, to provide for long-term maintenance of said land. The preferred location of the off- ' site land is in the environment surrounding the North Etiwanda Preserve in the City's Sphere-of-influence, other properties may be considered based upon the review of appropriate BioloGical Habitat Assessments and concurrence of ~he City Planner. The transfer and funding shall occur*prior to recording of the first final map of the project. This condition or requirement is pursuant to CEQA Guidelines Section 15097 (a), the City is responsible for ensuring that mitigation measures imposed on the project are implemented and accomplished in accordance with the Mitigation Monitoring Program. In addition, the mitigation measures imposed on the project must be fully enforceable through permit conditions, agreements, or other measures (Public Resources Code Section 21081.6 (b); CEQA Guidelines Section 15126.4 (a)(2)). Therefore, the City is held accountable under State law to assure that the mitigation measure is adequately addressed. In reviewing the information requested and supplied to the City, staff does not believe the Trust is an acceptable entity for the following reasons: 1. The most recent auditor's report for the Trust, received November 24, 2004, does not clearly reflect that the information is for Habitat Trust's financial records and that they are in compliance with annual audit requirements. The report was for the Social and Environmental Entrepreneurs (SEE) as of December 31, 2002. 2. A copy of the Habitat Resource Management Plan (or similar property management document) with all related habitat studies for the nearest site currently owned by the Trust was received November 24, 2004, (appears to be unsigned draft of a Document called, "The Habitat Trust for Wildlife Nature Sanctuaries Management Plan Cucamong(n)a, {sic} North Etiwanda, West Valley Foothills Area 2003-2004." The submitted document acknowledges it was, "... adapted from the North Etiwanda Habitat Preserve Management Plan, 2001 USFVVS, CDFG, San Bernardino County Open Space District 1." The submitted document is incomplete with blank spaces and no map exhibits attached as referenced. In addition, the "Assessment of Management Planning Needs" authored by James des Lauriers on behalf of The Habitat Trust (THT) and dated January 24, 2005 constitutes a series of observations, suggestions and recommendations to THT as to how all of THT's property in the area should be managed. There is no evidence that these CITY COUNCIL STAFF REPORT HENDERSON CREEK OPEN SPACE TRANSFER February 16, 2005 Page 3 observations, suggestions and recommendations have been considered by THT or that they have been made a pad of THT's proposed management plan for the subject site. 3. A list of all Board Members of the Trust has not been provided. Craig Sherman's letter dated November 15, 2004, received November 24, 2004, indicates that currently there are only three Board Members. We note that none of the Board Members are from the local area. 4. A list of the Trust Office locations has not been provided. 5. A list of personnel who would be involved with management of the Open Space Transfer Plan, including their qualifications and experience, is still outstanding according to Hogle Ireland transmittal sheet received November 24, 2004. Staff received, via e-mail on January 5, 2004, a resume for Kenneth Shawn Smallwood, a consulting ecologist. Also, via e-mail on January 20, 2005, the addition of Professor Jim des Lauder, a zoologist, from Claremont, CA, that taught at Chaffey College, Rancho Cucamonga, for over 25 years. We assume that based on Mr. Sherman's previous correspondence that they rely on volunteers to accomplish qualified biological studies and analysis for on-going management responsibilities. 6. A proposed Operations Plan including a maintenance schedule was not submitted. CORRESPONDENCE: Copies of this report were mailed to Craig Sherman, Legal Counsel to Habitat Trust; Dodan Johnson, Executive Vice President, Granite Equities; Pamela Steele, Hogle Ireland, and Paul Biane, 2nd District Supervisor of San Bernardino County. CONCLUSION: In staff's opinion, the Habitat Trust is not an acceptable entity from an open management standpoint and that the County Open Space District with its local board of di.rectors and County museum and Code Enforcement staff provide a complete and publicly accountable management entity. Respectfully submitted, Brad Buller City Planner BB:LH\Is Attachments: Exhibit "A" - Staff Report dated January 2, 2005 Exhibit"B"-Correspondence to Hogle Ireland Requesting Information be Submitted by :the Applying Trust Draft Resolution Finding the Habitat Trust For Wildlife Inc., Lacking Qualifications to Manage Mitigation Lands as Described in the Open Space Transfer Plan for Henderson Creek Properties THE ~ I T Y OF I~AN C 110 CUCAI~ONGA DATE: February 2, 2005 TO' Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson, AICP, Principal Planner SUBJECT: CONSIDERATION OF A REQUEST FROM GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) TO HAVE THE CITY DESIGNATE THE HABITAT TRUST AS A QUALIFIED CONSERVATION ENTITY FOR THE PURPOSE OF THE MANAGING OF 54 ACRES OF OPEN SPACE PURSUANT TO AN OPEN SPACE TRANSFER PLAN IN SATISFACTION OF THE REQUIREMENTS OF THE ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT FOR THE HENDERSON CREEK PROJECT. RECOMMENDATION: Determine that the Habitat Trust has not demonstrated sufficient qualifications as a conservation entity for the required open space transfer and direct the property to be transferred to the County of San Bemardino Special Districts OS-1. BACKGROUND/ANALYSIS: On July 7, 2004, the City Council approved the project commonly known as the Henderson Creek Development by certifying the Final Environmental Impact Report for Tentative Tract Map SUBTT16324, Development Agreement DRC2003-00751, and Annexation DRC2003-00865 to initiate proceedings for the annexation of 160 acres of land generally located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue; to allow the General Plan Land Use Amendment from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for approximately 63.5 acres of land; to approve the amendment to the Etiwanda North Specific Plan to change the district designation for 63.5 acres of land from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre); deny the appeal thus upholding the Planning Commission's decision to approve Tentative Tract Map SUBTT16324; and to adopt an Ordinance to allow the City to enter into Development Agreement DRC2003-00751. The subject land was annexed to the City on December 26, 2004, by the actions of the Local Area Formation Commission (LAFCO). ~'~ II CITY COUNCIL STAFF ~EPoRT HENDERS0~'CREEK OPEN_ SPACE TRANSFER Februa~ 2, 2005 Page 2 Granite Equities has submitted a request for the City to consider the Habitat Trust as the conservation entity for managing the open space habitat that was required as mitigation in the final EIR and by the Development Agreement. The attached correspondence details the mforroabon requested by staff and submitted by the Habitat Trust in support of City approVal. Specifically, the Open Space Transfer requirement is as follows: Open Space Transfer Plan The Property Owner shall transfer to the County of San Bernardino Special Districts 0S-1 or other qualified conservation entity approved by the City, in fee, a minimum of 54 acres of off-site land~ for permanent open Space and habitat preservation; along with funding in an amount to be mutually agreed upon by the property owner and the conservation entity, to provide for !ong-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the City's Sphere-of-Influence, other properties may be considered based upon the review of appropriate Biological Habitat Assessments and concurrence of the City, Planner. The transfer and funding shall occur prior to recording O~ the first final map of the project. This condition or requirement is pursuant to CEQA Guidelines Section 15097 (a), the City is responsible for ensuring that mitigation measures imposed on the project are implemented and accomplished in accordance with the Mitigation Monitoring Program. In addition, the mitigation measures imposed on the project must be fully enforceable through permit conditions, agreements, or other measures (Public Resoumes Code Section 21081.6 (b); CEQA Guidelines Section 15126.4 (a)(2)). Therefore, the City is held accountable under State law to assure that the mitigation measure is adequately addressed. In reviewing the information requested and supplied to the City, staff does not believe the Trust is an acceptable entity for the following reasons: 1. The most recent auditor's report for the Trust, received November 24, 2004, does not clearly reflect that the information is for Habitat Trust's financial records and that they are in compliance with annual audit requirements. The report was for the Social and Environmental Entrepreneurs (SEE) as of December 31, 2002. 2. A copy of the Habitat Resource Management Plan (or similar property management document) with all related habitat studies for the nearest site currently owned by the Trust was received November 24, 2004, (appears to be unsigned draft of a Document called, "The Habitat Trust for Wildlife Nature Sanctuaries Management Plan Cucamong(n)a, {sic} North Etiwanda, West Valley Foothills Area 2003-2004." The submitted document acknowledges it was, "... adapted from the North Etiwanda Habitat Preserve Management Plan, 2001 USFWS, CDFG, San Bernardino County Open Space District 1." The submitted document is incomplete with blank spaces and no map exhibits attached as referenced. 3. A list of all Board Members of the Trust has not been provided. Craig Sherman's letter dated November 15, 2004, received November 24, 2004, indicates that currently there are only three Board Members. We note that none of the Board Members are from the local a rea. CITY COUNCIL STAFF REPORT HENDERSON CREEK OPEN SPACE TRANSFER February 2, 2005 Page 3 4. A list of the Trust Office locations has not been provided. 5. A list of personnel who would be involved with management of the Open Space Transfer Plan, including their qualifications and experience, is still outstanding according to Hogle I~'eland transmittal sheet received November 24, 2004. Staff received, via e-mail on January 5, 2004, a resume for Kenneth Shawn Smailwood, a consulting ecologist. Also, via e-mail on January 20, 2005, the addition of Professor Jim des Lauder, a zoologist, from Claremont, CA, that taught at Chaffey College, Rancho Cucamonga, for over 25 years. We assume that based on Mr. Sherman's previous correspondence that they rely on volunteers to accomplish qualified biological studies and analysis for on-going management responsibilities. 6. A proposed Operations Plan including a maintenance schedule was not submitted. CORRESPONDENCE: Copies of this report were mailed to Craig Sherman, Legal Counsel to ~ Trust; Dorian Johnson, Executive Vice President, Granite Equities; and Paul Biane, 2nd District Supervisor of San Bernardino County. CONCLUSION: In staffs opinion, the Habitat Trust is not an acceptable entity from an open management standpoint and that the County Open Space District with its local board of directors and County museum and Code Enforcement staff provide a complete and publicly accountable management entity. Respectfully submitted, Brad Buller City Planner BB:LH\ma Attachments: Exhibit"A" -Memo dated July 15, 2004, Responding to Paul Biane, 2nd District Supervisor Exhibit "B" - Transmittal dated November 15, 2004, from Hogle-lreland Exhibit "C" - Correspondence from Craig Sherman dated November 3, 2004 Exhibit "D" - Transmittal dated November 18, 2004, from Hogle-lreland Exhibit"E" - Letter from Dorian A. Johnson, Granite Homes, dated November 3, 2004 Exhibit "F" - Transmittal dated November 24, 2004, from Hogle-lreland Exhibit "G" - Correspondence from Craig Sherman dated November 15, 2004 Exhibit"H"-Kenneth Shawn Smallwood's Resume Received Via E-mail January 5, 2005 Exhibit"l" - Letter from Dorian A. Johnson, Granite Homes, dated January 10, 2005 THE CITY OF ~^NCliO Memorandum DATE: July 'l 5, 2004 TO: '/ Mayor and Members of City Council Bullet, City Planner Henderson AICP, Principal Planner SUB, IEG'T: RESpoNSE TO JUNE 14, 2004 LETTER FROM PAUL BIANE, SECOND.. DISTRICT SUPERVISOR This memorandum is to update the Mayor and City Council on the actions of staff Ko address Supervisor Biane's concerns relative to recent annexation/development agreements and open space transfer language contained therein. The subject letter from Supervisor Biane is attached for reference. In summary, the letter requests the Council consider using the County Open Space District as the preferred entity for receiving open space mitigation land and not individual non-profit groups. The County's position is adequately explained and staff does not dispute the position of the Supervisor's Office. The current language in the City Development Agreement was intended to offer some flexibility in handling potential litigation from environmental interest groups and not to eliminate the County from consideration as the open space receiver. Staff has taken the following actions in response to Supervisor's Biane's request. 1. Before and after receiving the County's letter staff has talked to and met with County staff tO communicate the City's position as outlined above. 2. Staff and each of the ProjectJs Applicants for the annexations met with Superv sor Biane on June 29, 2004, to discuss this issue. It was indicated that it was not the County's intent to hinder the process but to express the preference for open space management. City staff's recommendation that the City Planner refer all open space mitigation plans back to the City Council for ultimate decision was acceptable to the County and the Project/s Applicants. A formal response for the City was not needed. In conclusion, staff will bring back to the City Council the individual open space mitigation land plans at the time of submittal. If there are any questions, please contact Larry Henderson or me. BB:LH/Is cc: Pamela Easter =f trperrfisar PAULBIANE ~llll~il_l IJf ~Ill emarhi S~ER~SORSECO~DIS~CT ,~:~.~: .... ~... ~ ADMINISTRATION 17 June 14, 2004 Mayor Bill Alexander City Council Members · City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Dear Mayor and Council Members, It is with reluctance that I wdte this letter, but I need to express my concerns about the recent actions that have been pursued by certain environmental groups in regard to development in the Northern Etiwanda Area. As you probably know, the City of Rancho Cucamonga's standard form Development Agreement includes a section entitled "Open Space Transfer Plan" that currently states, 'The Property Owners shall transfer to the County of San Bernardino Special Districts 0S-1, or other qualified conservation entities approved by the C/b/..." I would urge the City Council to reconsider this provision and rewrite it to read, "The Property Owners shall transfer property to the County of San Bernardino Special Districts OS-L" The following are the reasons for my proposal: 1. San Bernardino County, CSA 70 0S-1 is a public entity of San Bernardin0 County; this means that CSA 70 OS-1 is held accountable to the citizenry for its action(s). 2. The Nodh Etiwanda Commission oversees the North Etiwanda Preserve and holds quarterly meetings that are open to the public. 3. The North Etiwanda Preserve has a management plan that has been approved by U.S. Fish and Wildlife, as well as the State of California Department of Fish & Game. The County of San Bemardino and the City of Rancho Cucamonga have historically had an excellent working relationship, and one of the ways we continue that excellent relationship is by working together to ensure that there is appropriate preservation of resources in the area. Imposing a requirement that private developers transfer property to "...other qualified conservation entities approved by the City..." will not provide for independent public agency oversight, accountability to the public and a coordinated approach to open space management. We have a great concern about transferring stewardship of open space to groups that may have rdina County Government Center ' 385 North .4.rrowhead Avenue. F~fth Floar, San l~.rnardino, CA 9241~0110 · (909) 3fl7-4833 · Fax (909)38%3265 ~ Cucarnon~a DistHcl Office · Foo~fliliCommuniries Law a~d Justice C~nler · 8303 Haven Avenue , .q~ncho Cucamong;x. CA 91730 · 1909)945-4297 .. Fax {909) 945-1037 } II l insufficient resources to properly manage open space, and in the name of the environment, file frivolous lawsuits that only serve to delay development, increase their land ban. ks and build up the r own bank accounts. Do nbt hesitate tO contact my Field Representative, .Tim Johnson, Or me at (909) 945-4297 if you have any questions or wish to further discuss this important matter. I thank you for your · time apd consideration. ' Since~ly, PAUL BIANE Second ,District Supervisor PB:TJ:MB:as Ashaw~/c/,mydocum ents/PauFRC/6-14-04 4280 Latham Street, Suite C ~ Riverside, CA 92501 : A Land Plannhlg & D~u~lopment Consulting Firm (951) 787-9222 FAX (951) 781-6014 www. hogleireland, com TRANSMITTAL TO: Larry Henderson DATE: November 15, 2004 C!ty of Rancho Cucamonga Ptanning Division PROJECT NO: 1512 PROJECT: Henderson Creek FROM: Para Steele E-MAIL ADDRESS: psteele@hogleireland.com TRANSMII-FED BY: Fax X Hand Delivered By C.J. Davis Overnight Mail/Delivery By Mail QUANTITY DESCRIPTION · 1 c?py City letter from Brad Buller dated October 7, 2004 1 package Information from The Habitat Trust Including: Letter to Roger Grable from Craig Sherman dated November 3, 2004 w/exhibits: 1. Incorporation papers 2. Adopted bylaws 3. Dept of Treasury, IRS exempt organization ruling 4. Action agenda/accomplishments 5/5/02 5. Summary of qualifications 6. Descriptions / species list - North Etiwanda Sanctuary 7. Two (2) informational brochures For your information X Per your request URGENT For your approval X For your review For Submittal/Resubmittal COMMENTS: Larry, These items are being submitted in response to our request to The Habitat Trust to provide the information and materials requested in Brad Buller's letter dated October 7, 2004. Mr. Sherman's response letter is also included. In our review of the City's letter and the information provided, we have identified several items that are still outstanding - and we have requested these additional items from The Habitat Trust. Specifically the additional items we have requested to be provided, corresponding to the numbering in the City's letter, are: 2. Board minutes reflecting acquisition of the mitigation propertY' CITY OF RA , CHO CUCAMONGA 4. Audited financial statement. NOV 1 5 November 15, 2004 Henderson Creek Page 2 Transmittal to City - The Habitat Trust documents 5. Management Plan or strategy. 7. List of Board Members of the Trust. 8. Personnel - employees or volunteers who would be actively involved in the management of the property. 9. Operations Plan/Maintenance Schedule. As soon as we receive any of th~s add t ona nformat o , we will provide it to you as well. If you have any questions in the interim, please call me at (951) 787-9222 cc: Steve Stewart, Henderson Creek LLC Dorian Johnson, Granite Homes Roger Grable, Manatt, Phelps, & Phillips w/o attachments - via facsimile 714-371-2550 CRAIG A. SHERMAN A~ORNEY AT LAW 1901 FIRST AVENUE, SUITE 335 SAN DIEGO. CA 92101-2311 SHERMANLAW@AOL.COM November 3, 2004 FACSIMILE -ELEPHONE (619) 702-9291 19) 702-7892 Via Facsimile (714) $ 71-2550 Followed by Overnight Mail Roger A. Grable, Esq. MANATT, PHELPS & PHILLIPS 695 Town Center, 14th Floor Costa Mesa, California 92626 Re: ' Qualifications ofThe Habitat Tmst for Wildlife, Inc. Henderson Creek Properties, Mitigation Lands This letter responds on behalf of Spirit of the Sage Council and The Habitat Trust for Wildlife, Inc. to provide requested information about The Habitat Trust for Wildlife, Inc. as being a recognized entity for acquiring and managing conservation lands. In addition to the enclosed information about The Habitat Trust's (THT) corporate land trustee status, the City of Rancho Cucamonga has already acknowledged and accepted this land trust (originally formed through its fiscal sponsor, SEE, Inc.) as the donee for City of Rancho Cucamonga project environmental mitigation land. Excluding 500 acres previously committed or granted by the County of San Bernardino, land conveyed via direct consent of the City of Rancho Cucamonga include the approximate 174 acres transferred in conjunction with the Crest/Rancho Etiwanda Estates project (Spirit of the Sage Council v. City of Rancho Cucarnonga et al, San Bemardino County Superior Court, Case No. RCV 057112). Notwithstanding the prior City of Rancho Cucamonga, federal and state agency recognition of THT's land trust qualifications, find enclosed requested information itbout The Habitat Trust, including: (1) incorporation papers; (2) adopted bylaws; (3) Dept. of Treasury, IRS exempt organization ruling; (4) action agenda/accomplishments 5/5/02; (5) summary of qualifications; (6) description/species list -North Etiwanda Sanctuary; and (7) informational brochure, 2 included). s, Craig A. Sherman Encls, EXHIBIT I ~ ~ ENDORSED. FILED ARTICLES OF INCORPO~TION FOR THE ~IFORNIA NONPROFIT CO--OPTION THE H~ITAT TRUST FOR ~LDLIFE ~icles of Inco~oration of ~c undersized, a majofi~ of whom are citizens of ~e U~ted S~tes, des~g to fo~ a Nonprofit Co~orafion under ~e Nonprofit Co~orafion ~w of Ca~fo~, do hereby ce~: I ~e name of ~s co.option is THE HABITAT ~UST FOR WILDLIFE. A ~s co.option ~ a nonprofit PUBLIC BENEFIT CORPO~TION and is not or~ed for ~e private ~ of any pe~on. It is or~ed under ~e Nonprofit Pubic Benefit Co~onfion ~w for pubfic and charitable pu~oses. B ~e specific p~os~ 0f ~s co~onfion are: 1~ ~e acq~sifion, conse~afion, restoration, and ~na~ment of habi~t for r~e, ~eatened and endangered spedes of p~n~, fish and ~fe ~t may also con~bute to sdenfific research, education and ecolo~ rescue pe~e~; and 2. To accept financial con~bufions and se~ce donations to ~f~ objectives and pu~oses identified in (1 .) and for a~ms~afive needs. III A ~e name and address ~ ~e S~te ofCa~forMa of~e co~orafion's ~1 a~nt for se~ce of process is Dolores Wel~, 30 N. ~ymond Avenue, ~302-303, Pasadena. CaEfo~ 91103. B ~e names and addresses of ~e persons who are ~e ~fial ~stees of ~e co~orafion are as fo~ows: Name: Ad&ess: Dolores Wel~ 2076 Sheridan Road. ~uca~a. CA 92024 Ma~ K. ~ght 1122 Oak S~eet, Santa MoMca, CA 9040~ Steve Suga~an 20178 Rockport Way. Ma~bu. CA 90265 ~eona ~ppsteM 439 Wes~ood S/C ~l~. Fayettev~e. NC 28314 Frank ScMavone 8060 Creswiew Court. Alta ~ma, CA 91701 IV A This corporation is orgamzed and operated exclusively for charitable purposes within the meaning of Section 501(c)(3), Internal Revenue Code. I of 2 B No substantial part of the activities of this corporation shall consist of canying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign ("including the punishing or distribution of statements) on behalf of any candidate for public office. C Notwithstanding any other provision of these articles, this corporation shall not, except ', to an insubstantial degree, engage in any activities or exercise any powers that are not in , furtherance o f the purposes of this corporation. V The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable phrposes and which had established its tax exempt status under Section 501(c)(3), Internal l~evenue Code. ~n wimess whereof, we have hereunto subscribed our names this llth day of February of 2002. ~,~ ~ Craig A. Sherman, Esq. Incorporator 2 of 2 /53 STATE OF CALIFORNIA DEPARTMENT OF FINANCIAL INSTITUTIONS CERTIFICATE OF APPROVAL OF NAME Pursuant to section 3903 of the Financial Code, I, DONALD R. MEYER, Commissioner of Financial Institutions of the State of California, do hereby approve the name "TBE HABITAT TRUST FOR WILDLIFE" set forth in the attached Articles of Incorporation of The Habitat Trust for Wildlife. ~ Given under my hand and official seal this 14th day of February, 2002, in the City and · County of San Francisco, State of California- DONALD R. MEYER Commissioner of Financial Institutions : JAMES M. PATTEN Staff Counsel EXHIBIT 2 BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 1 of 16 BYLAWS OF THE HABITAT TRUST FOR WILDLIFE A CAL~ORNIA PUBLIC BENEFIT CORPORATION ARTICLE I - OFFICES " SECTION 1. PRINCIPAL OFFICE The principal office of the corporation for the transaction of its business is located at 30 N. Raymond Ave #303, Pasadena, in Los Angeles County, California 91103. SECTION 2.: CHANGE OF ADDRESS The address of the corporation's principal office can be changed only by amendment of these Bylaws and not otherwise. The Board of Directors may, however, change the principal office fi.om one location to another by noting the changed address and effective date below, and such changes of address shall not be deemed an amendment of these Bylaws. SECTION 3. OTHER OFFICES The corporation may also have offices at such other places, within or without the State of California, where it is qualified to do business, as its business may require and as the board of directors may, from time to time, designate. ARTICLE 2 - PURPOSES SECTION 1. OBJECTIVE AND PURPOSES The primary objectives and purposes of this corporation shall be: (a) To give Nature sanctuary, thru the following means; (b) The acquisition, conservation, restoration, and management of habitat for rare, threatened and endangered species of plants, fish and wildlife that may also contribute to scientific research, education and ecological reserve in perpetuity. (c) To accept financial contributions and service donations to fulfill objectives and purposes identified in (b) and for administrative needs. (d) To accept donations of vital habitat lands and waters, including management funds and/or endowments for such habitat conservation in perpetuity BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 2 of 16 ARTICLE 3 - DIRECTORS SECTION 1. NUMBER Th~ corporation shall have five (5) directors, and collectively they shall be known as the Bohrd of Directors. The number may be changed by amendment of this bylaw, or by repeal of this Bylaw and adoption of a new bylaw, as provided in these bylaws. ~ SECTION 2. POWERS Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any limitations in the Articles of Incorporation and Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. ~ECTION 3.' DUTIES It shall be the duty of the directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this corporation, or these bylaws; Co) Appoint and remove, employ and discharge, and, except as otherwise provided in these bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly: (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation and notices of meetings mailed or telegraphed to them at such addresses shall be valid notice thereof. SECTION 4. TERMS OF OFFICE Each director shall hold office of the Board of Director~ as specified in these Bylaws, and until his or her successor is appointed except for the Executive Director and/or Conservation Director that are permanent paid staff and director positions. Permanent director positions shall not require reelection by the Board of Directors. Board of Directors are appointed by the Executive Director of Spirit of the Sage Council that has legal responsibility for fulfilling settlement agreements in which land and/or funds have been given to The Habitat Trust For Wildlife. BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 3 of 16 SECTION 5. COMPENSATION Executive Director and/or Conservation Director shall receive compensation at no more than $35.00 per hour and no more than $55,000.00 annually with Medical and Dental Insurance as employees or independent contractors for The Habitat Trust For Wildlife. Other Directors shrill serve without compensation except that they shall be allowed and paid out-of-pocket expenses as authorized by the Board of Directors. In addition, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their regular duties as specified in Section 3 of this Article. Directors may not be compensated for rendering services to the corporation in any capacity other than director unless such other compensation is reasonable and is allowable under the provisions of Section 6 of this Article. SECTION 6. RESTRICTION REGARDING INTERESTED DIRECTORS Nbtwithstanding any other provision of these Bylaws, not more than forty-nine percent (,~9%) of the persons serving on the board may be interested persons. For purposes of this S'ecfion, "interested persons" means either: (a) Any person currently being compensated by the corporation for services rendered it within the previous twelve (12) months, whether as a full or part-time office of other employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a director as director; or (b) Any brother, sister, ancestor, descendent, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. SECTION 7. PLACE OF MEETINGS Meetings shall be held at the principal office of the corporation unless otherwise provided by board or at such place within or without the State of California that has been designated from time to time by resolution of the Board of Directors. In the absence of such designation, any meeting not held at the principal office of the corporation shall be valid only if held on the written consent of all directors given either before or after the meeting and filed with the secretary of the corporation or after all board members have been given written notice of the meeting as hereinafter provided for special meetings of the board. Any meeting, regular or special, may be held by conference telephone or similar communications equipment, so long as all directors participating in such meeting can hear one another. SECTION 8. REGULAR AND ANNUAL MEETINGS Annual meeting of Directors shall be held on the first Friday of November at 7:00P.M.; unless such day falls on a legal holiday, in which event the annual meeting shall be held at the same hour and place the next business day. Regular meetings are not necessary except for quarterly reports by Executive Director and Financial Officer/Director to be distributed to board via electronic mail, facsimile or postal service. BYLAWS rg ~ ~a-e~o~'z SECTION 9. SPECIAL MEI~TINGS Special meetings of the Board of Directors may be called by the President, the Vice President, the Secretary, or by any two directors, and such meetings shall be held at the place, within or without the State of California, designated by the persons calling the meeting, and in the absence of such designation, at the principal office of the corporation. All directors must be contacted and adequately informed of the meeting agenda. SECTION 10. NOTICE OF MEETINGS Regular meetings of the board may be held without notice. Specialmeetings of the board shall be held upon four (4) days notice by first class mall or forty-eight (48) hours notice delivered personally or by 'telephone or telegraph. If sent by mail or telegraph, the notice shall be deemed delivered on its deposit in the mails or On'its deliv?y to the telegraph company. Stroh notices shall be addressed to each director at his or her addressas sh°wn the books of the corporation and email addresses. Notice of the time and pla~e of holding an adjourned meeting need not be given to absent directors atthe time and Place of ~djoumed meeting are fixed at the meeting adjourned and if such adjourned meeting is held no more than twenty-four (24) hours from the time of the original meeting. Notice shallbe given to adjourned regular or special meeting to directo~ absent from the original meeting if the adjourned meeting is held more than twenty-four (24) hours from the time of the original meeting. SECTION 11. CONTENTS OFNOTICE Notice of meetings not herein dispensed with shall specify the place, day and hour of the meeting. The purpose of any board meeting needs to be specified in'the notice. SECTION 12. wAIVER OF NOTICE AND CONSENT TO HOLDING MEETINGS The transactions of any meeting of the board, however called and noticed or wherever held, arc as valid as though the meeting had been duly held after proper call and notice, provided a quorum, as hereinafter defined, is present and provided that either before or after the meeting each director not present'signs a waiver of notice, a consent to holding the meeting, or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. SECTION 13. QUORUM FOR MEETINGS A quorum shall consist of four (4) Directors. Except as otherwise provided by these bylaws or in the Article of Incorporation of this corporation, or by law, no business shall be considered by the board at any meeting at which quorum, as hereinafter defined, is not present, and the only motion which the chair shall entertain at such meeting is a motion to adjourn. However, as majority of the directors present at such meeting may adjourn from time to time until the time fixed for thc next regular meeting of the board. BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 5 of 16 When a meeting is adjoumed for lack of a quorum, it shall not be necessary to give any notice of the time and place of the adjourned meeting or of the business to be transacted at such meeting, other than by announcement at the meeting at which the adjournment is taken, except as provided in Section 10 of this Article. The directors present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of directom from the meeting, provided that any action thereafter taken must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by law, or the Articles of Incorporation or Bylaws of this corporation. SECTION 14. MAJORITY ACTION IS BOARD ACTION Every action or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Article of Incorporation or Bylaws of this corporation, or provisions of the California Nonprofit Public Benefit Corporation Law, particularly those provisions relating to appointment of committees (Section 5212), approval of contracts or transactions, (Section 5233) and indenmification of directors (Section 5238c), require a greater percentage or different voting roles for approval ora matter by the board. SECTION 15. CONDUCT OF MEETINGS Meetings of the Board of Directors shall be presided over by the President of the corporation, or in his or her absence, by the Vice President of the corporation shall act as secretary of all meetings of the board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation of this corporation, or with previsions of law. SECTION 16. ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT MEETING Any action required or permitted to be taken by the Board of Directors under any provision of law may be taken without a meeting, if all members of the board shall individually or collectively consent in writing and/or electronic mail to such action. For the purposes of this Section only, "all members of the board" shall not include any "interested director" as defined in Section 5233 of the California Nonprofit Public Benefit Corporation Law. Such written consent or consents shall be filed with the minutes of the proceedings of the board. Such action by written consent shall have the same force and effect as the unanimous vote of the directors. BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 6 of 16 Any certificate or other document filed under any other provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without ~ meeting and that the Bylaws of this corporation authorize the dire, ctors to so act, and such statement shall be prima facie evidence of such authority. SI~CTION 17. VACANCIES Vacancies on the Board of Directors shall exist (1) on the death, resignation or removal of any appointed director, and (2) whenever the number of authorized directors is increased. The Board of Directors may declare vacant the office of a director who has been declared of unsound mind by a final order of court, or convicted of a felony, or been found by a final order or judgment of any court to have breached any duty under Section 5230 and following of the California Nonprofit Public Benefit Corporation Law. P~n~y director may resign effective upon giving written notice to the Executive Director and/or t~e Conservation Director, Premdent, th Vice President, the Treasurer, the Secretary, or the Board of Directors, unless the notice specifies a later time for the effectiveness of such a resignation. No director may resign if the corporation would then be left without a duly appointed director or directors in charge of its affairs, except upon notice to the Attorney General. Vacancies on the board may be filled by appointment by the Executive Director of the board or, in case of death of the Executive Director, the President shall appoint a replacement that is unanimously supported by remaining directors. SECTION 18. NON-LIABILITY OF DIRECTORS The directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. SECTION 19. INDEMNIFICATION BY CORPORATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS To the extent that a person who is, or was, a director, officer, employee, or other agent of this corporation has been successful on the merits in defense of any civil, criminal, administrative, or investigative proceeding brought to procure .a judgment against such person by reason of the fact that he or she is, or was, an agent of the corporation, or has been successful in defense of any claim, issue or matter, therein, such person shall be indemnified against expenses actually and reasonably incurred by the person in connection with such proceeding. If such person either settles any such claim or sustains a judgment against him or her, then indemnification against expenses, judgments, fines, settlements, and other amounts reasonably incurred in connection with such proceedings shall be provided by this corporation but only to the extent allowed by, and in accordunce with the requirements of Section 5238 of the California Nonprofit Public Benefit Corporation Law. BYLAWS OF THE HABITAT TRUST FOR WILDLI3FE Page 7 of 16 SECTION 20. INSURANCE FOR CORPORATE AGENTS The Board of Directors may adopt a resolution authorizing the purchase of maintenance of insurance on behalf of any agent of the corporation (including a director, officer, employee or other agent of the corporation) against any liability other than for violating provisions of law relating to self-dealing (Section 5233 of the California Nonprofit Public Benefit Corporation Law) ~serted against or incurred by the agent in such capacity or arising out of the agents status as such, whether or not the corporation would have the power to indemnify the agent " against such liability under the provisions of Section 5238 of the California Nonprofit Public Benefit Corporation Law. ARTICLE 4 - OFFICERS SECTION 1. NUMBER OF OFFICERS The officers of the corporation shall be an Executive Director and/or Conservation Director, a President, a Vice President, a Secretary, and a Chief Financial Officer who shall be designated the Treasurer. The corporation may also have, as determined by the Board of Directors, Assistant Secretaries, Assistant Treasures, or other officers. Any number of offices may be held by the same person except that neither the Secretary nor the Treasurer may serve as the President. SECTION 2. QUALIFICATION~ ELECTION~ AND TERM OF OFFICE Any appointed person may serve as officer of this corporation. Officers shall be appointed by the Executive Director, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be appointed and qualified, whichever occurs first. SECTION 3. SUBORDINATE OFFICERS The Board of Directors may appoint such other officers or agents as it may deem desirable, and such officers shall serve such terms, have such authority, and perform such duties as may be prescribed from time to time by the Board of Directors. SECTION 4. REMOVAL AND RESIGNATION Any officer may be removed, either with or without cause, by the Executive Director, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract that has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 8 of 16 SECTION 5. VACANCIES Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Executive Director or in case of death, by the President. In the eveht of a vacancy in any office other than that of Executive Director, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the board may or may not be filled as the board shall determine. SECTION 6. DUTIES OF EXECUTIVE DIRECTOR The Executive Director shall be the Chief Executive Officer of the corporation and shall supervise and control ttie affairs of the corporation and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be reklnired by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be prescribed fi.om time to time by the Board of Directors. Unless another person is specifically appointed as Chairperson of the Board of Directors, he or she shall preside at all meetings of the Board of Directors. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by the Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks or other instruments which may fi.om time to time be authorized by the Board of Directors. As needed, the Executive Director may act as the Conservation Director. SECTION 7. DUTIES OF CONSERVATION DIRECTOR The Conservation Director shall: Oversee the management of acquired habitat lands held in trust. Hire and work cooperatively with natural resource managers and scientists. Report to Board of Directors on the status of habitats and health of the ecosystem. Assigns scientific studies and reviews reports accordingly. Provides regular site visits to habitat areas to ensure conservation efforts are adequate. Assesses and reports to the Board of Directors any and all problems or threats to habitat lands held and habitat lands that may be considered for future acquisition. In general, perform all duties incident to the office of Conservation Director and such other duties as may be required by law, by the Articles of Incorporation of the corporation, or these Bylaws. SECTION 11. DUTIES OF THE PRESIDENT Cooperate with the Executive Director in performing administratix~e duties. Attend public hearings and meetings on behalf of the board when necessary. Assist Secretary and Treasurer in maintaining records fi.om board meeting minutes and donations recognition. Review and sign comment letters and solicitation letters in regards to the organization and its conservation mission. BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 9 of 16 The Habitat Acquisition Coordinator shall: Cooperate with the Executiv~ Director and/or the Conservation Director regarding habitat acqgisition proposals, habitat and land donation proposals. Other duties include providing corttmunications and meetings between interested landholders desiring to donate habitat lankls and management funds and reporting to the Board of Directors. In general, perform all duties incident to the office of Habitat Acquisition Coordinator and such other duties as may be required by law, by the Articles of Incorporation of the corporation, or these Bylaws, or which may be assigned to him or her from time to time by the Executive Director or Board of Directors. SECTION 7. DUTIES OF VICE PRESIDENT ~i'the' absence of the President, or in thc event of his or her inability or refusal to act, the ce President shall perform all the duties of the President, and when so acting shall have all t~e powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these Bylaws, or as may be prescribed by the Board of Directors. SECTION 8. DUTIES OF SECRETARY The Secretary shall: Certify and keep at the principal office of the corporation the original, or a copy of these Bylaws as amended or otherwise altered to date: Keep at the principal; office of the corporation or at such other place as the board may determine, a book off minutes of all meetings of the directors, and, if applicable, meetings of committees of directors and of members, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof; See that all notices are duly given in accordance with the provisions of these Bylaws or required by law: Be custodian of the records and of the seal of the corporation and see that these affixed to all duly executed documents, the execution of which on behalf of the corporation under its seal is authorized by law or these Bylaws; Coordinate with the Executive Director and Treasurer the keep of, at the principal office of the corporation, a receipt of donations book containing the name ands address of each and any donors, and, in the case where any donation has been terminated, he or she shall record such fact in the membership book together with the date on which donation ceased; BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page I0 of 16 Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on. request thereof, the Bylaws, the receipt of donations book, and the minutes of the proceedings of the directors of the corporation; In general, perform all duties incident to the office of Secretary and such other duties as may be r6q~/lred by law, by the Articles of Incorporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors. SECTION 9. DUTIES TREASURER Subject to the provisions of these Bylaws relating to the "Execution of Instruments, Deposits and Funds" the Treasurer shall: Have oversight and be responsible for, all funds and securities of the corporation with the Executive Director that will deposit all such funds in the name of the corporation in such banks, trust companies, or other depositories as shall be selected by the Executive Directors and from time to time as needed with review by the Board of Directors; Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever with the Executive Director. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Executive Director or the Board of Directors, taking proper vouchers for such disbursement; With the assistance of a independent Certified Public Accountant and Executive Director, keep and maintain adequate and correct accounts of the corporations properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses; Exhibit at all reasonable times the books of account and financial records to any director of the corporation, or to his or her agent or attorney, on request therefore; Render top the Executive Director and directors, whenever requested, an account of any of all of his or her transactions as Treasurer and have the financial condition of the corporation; Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports; In general, perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of the corporation, or these Bylaws, or wkich may be assigned to him or her from time to time by the Board of Directors. BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page I1 of 16 SECTION 12. COMPENSATION The salaries of the officers, if any, shall be fixed from the time to time by resolution of the Board of Directors, and no officer shall be prevented from receiving such salary by reason of the fact that he or she is also director of the corporation, provided, however, that such compensation paid a director for serving as an officer of this corporation shall only be allowed if permitted under the provisions of Article 3, Section 6 of these Bylaws. In all cases, ....any salaried received by officers of this corporation shall be reasonable and given in return for services actually rendered for the corporation which relate to the performance of " the charitable or public purposes of this corporation. ARTICLE $ - COMMITTEES SECTION L EXECUTIVE COMMITTEE The Board of Directors may, by a majority vote of directors, designate two (2) or more of its members (who may also be serving as officers of this corporation) to constitute an Executive Committee and delegate to such Committee any of the powers and authority of the board in the management of the business and affairs of the corporation, except with respect to: (a) The approval of any action, which, under law or the provisions of the Bylaws, requires the approval of the members or of a majority of all of the members; (b) The filling of vacancies on the board or on any committee, which has the authority of the board; (c) The fixing of compensation of the directors for serving on the board Or on any committee; (d) The amendment or repeal of bylaws or the adoption of new Bylaws; (e) The amendment or repeal or any resolution of the board which by its express terms is not so amendable or repeal able; (f) The appointment of committees of the board or the members thereof; (g) The expenditure of corporate fimds to support a nominee for director after there are more peeple nominated for directors than can be elected; (h) The approval of any transaction to which this corporation is a party and in which one or more of the directors has a material financial interest, except as expressly provided in Section 5233 (d) (3) of the California Nonprofit Public Benefit Corporation Law. By a majority vote of its members then in office, the board may at any time revoke or modify any or all of thc authority so delegated, increase or decrease but not below two (2) the number of its members, and fill vacancies therein from the members of the board. The /ga BYLAWS OF THE HABITAT TRUST FOR WILDL~E Page 12 of 16 Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the board from time to time as the board may reqmre. SECTION 2. OTHER COMMITTEES The corporation shall have such other committees as may fi.om time to time be designated by resolution of the Board of Directors. Such other committees may consist of persons who are not also members of the board. These additional committees shall act in an advisory capacity only to the board and shall be clearly titled as "advisory" committees. S~CTION 3. MEETINGS AND ACTION OF COMMITTEES Meetings'and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the corm-nittee and its members for Board of Directors and its members, except that the time for regular meetings of committees may be fixed by resolution of the Board of Directors of by thc committee. The time for special meetings of committees may also be fixed by the Board of Directors. The Board of Directors may also adopt rules and regulations pertaining to thc conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the provisions of these Bylaws. ARTICLE 6 - ExECuTION OF INTSTRUMENTS, DEPOSITS AND FUNDS SECTION 1. ExECUTION OF INSTRUMENTS The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. SECTION 2. CHECKS AND NOTES Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the corporation shall be signed by the Treasurer and countersigned by the Executive Director of the corporation. BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 13 of 16 SECTION 3. DEPOSITS All funds of the corporation 'shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Executive Director or Board of Directors may selects. SECTION 4. GIIq'I'S The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest, or devise for the charitable or public purposes of the corporation. ARTICLE 7 o CORPORATE RECORDS~ REPORTS AND SEAL T~e corporation shall keep at its principal office in the State of California: ! (a) Minutes of all meetings of directors, committees of the board and, if this corporation has members, off all meetings of members, indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereon; Co) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; (c) A record of its contributors, if any, indicating the names and addresses. (d) A copy ~f the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by contributors, if any, of the corporation at all reasonable times during office hours. SECTION 2. CORPORATE SEAL The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. SECTION 3. DIRECTORS' INSPECTION RIGHTS Every director shall have the absolute right at any reasonable time to inspection and copy all books, records and documents of every kind and to inspect the physical properties of the corporation at their own expense. BYLAWS O~ THE HABITAT TRUST FOR WILDLIFE Page 14 of 16 SECTION 4. RIGHT TO COPY AND MAKE EXTRACTS Any inspection under the provisions of the Article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts at their own cost. SECTION 5. ANNUAL REPORT The board shall cause an annual report to be furnished no later than one hundred and twenty (120) days after the close of the corporation's fiscal year to all directors of the corporation and, to any member who requests it in writing, which report shall contain the following information in appropriate detail: (a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal years; (b) The principal changes in assets and liabilities, including trust funds, during the fiscal year; (c) The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes, for the fiscal year; (d) The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year; (e) Any information required by Section 7 of the Article. The annual report shall be accompanied by any report thereon of independent accountant, or if there is no such report, the certificate of an authorized officer of the corporation that such statements were prepared without audit from the books and records of the corporation. ARTICLE 8 - FISCAL YEAR SECTION 1. FISCAL YEAR OF THE CORPORATION The fiscal year of the corporation shall begin on the first day of January and end on the last day of December in each year. ARTICLE 9 - AMENDMENT OF BYLAWS SECTION 1. AMENDMENT Subject to any provision of law applicable to the amendment of Bylaws of public benefit nonprofit corporations, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted as follows: BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 15 of 16 (a) Subject to the power of members, if any, to change or repeal these Bylaws under Section 5150 of the Corporations Code, by approval of the Board of Directors unless the Bylaw amendment would materially and adversely affect the rights of members, if any, .as to voting or transfer, provided, however, if this corporation has admitted any members, then a Bylaw specifying or changing the fixed number of directors of the corporation, the maximum or minimum number of directors, or changing from a fixed to variable board or vice versa, may not be adopted, amended, or repealed except as ' ~provided in subparagraph 00) of this Section. ,' ARTICLE 10 - AMENDMENT OF ARTICLES SECTION 1. AMENDMENT OF ARTICLES BEFORE ADMISSION OF MEMBERS Before any members have been admitted to the corporation, any amendment of the Articles of Incorporation may be adopted by approval of the Executive Director or Board of Directors. SECTION 2. AMENDMENT OF ARTICLES AFTER ADMISSION OF MEMBERS After members, if any, have been admitted to the Corporation, amendment of the Articles of Incorporation may be adopted by the approval of the Executive Director or Board of Directors and by the approval of the members of this corporation. SECTION 3. CERTAIN AMENDMENTS Notwithstanding the above Sections of this Article, this corporation shall not amend its Articles of Incorporation to alter any statement which appears in the original Articles of Incorporation and of the names and addresses of the first directors of the corporation or the name and address of its initial agent, except to correct an error in such statement or to delete either statement after the corporation has filed a "Statement by a Domestic Non-Profit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law. ARTICLE 11 - PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS SECTION 1. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS No member, director, officer, employee, or other person connected with this corporation, or any private individual, shall receive at any time any of the net earnings or pecuniary profit fi.om the operations of the corporation, provided, however, that this provision shall not prevent payment to any such person or reasonable compensation for services performed for BYLAWS OF THE HABITAT TRUST FOR WILDLIFE Page 16 of 16 the corporation in effecting ahy of its public or charitable purposes and no such person or persons shall be entitled to share in the distribution of, and shall not receive, any of the corporate assets on dissolution of the corporation. All members, if any, of the corporation shall be deemed to have expressly consented and agreed that on such dissolution or winding up of the affairs of the corporation, after all debts have been satisfied, shall be distributed as required by the Articles of Incorporation of this corporation and not otherwise. SECTION 2. - IDENTIFIED BOARD OF DIRECTORS Executive Director, Leeona Klippstein President, Dolores Welty Vlce President, Steve Sugarman Secretary, Kathy Knight Treasurer, Ouida Newell STATEMENT OF INCORPORATION I, Leeona Klippstein, hereby adopt the foregoing bylaws for thc corporation of The Habitat Trust For Wildlife pursuant to California Corporation Code Section 5134~ DATED: May 26, 2002 Leeena Klippstcin, Incorporator 17l INTEP~NAL REVENUE SERVICE DEPARTMENT OF THE T~EASU~Y P, O. BOX 2508 CINCI~TI, OH 45201 Employer Id~ntification Numar: OCT 0.8 2003 DLN~ 170S~1260~30~3 THE ~TAT TRUST FOR WILDL~F~ C/O LE~ ~PPSTEIN ~LER N 439 WES~OOD SHOPPIN~ CE~R ~on~act Telephone Nu~er= FA~, NC 2~314 (877~ Acco~in~ Pe~t~ Ending: ,,, Dece~ez 31 Fo~ 990 Requir~ Addcndu~Appl~ee~ No Dear Applicant: Rased on information supplied, and &esumln9 your operations will be ae stated in your application for recognition of exem~tion, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code ee an organization described in section S01(c)(3), we have further determined that you are not · private foundation within the meaning of section 509(a) of the Code, because you are an organization described in sections 509(e) (1) and 170(U) {1) (A) |vi) . If your sources of support, or your purposes, character0 or method of operation change, please let us know e~ we can COr~ider the e£fect of the change on your exempt statue and found&tlon status. In the case of an amend- ment to your organieational document or bylaws, ~leaee send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or adc~eee. AS of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Since you are not a private foundation, you ere not aub~ect to ~he excise taxes under Chapter 42 of the Code. However, if you are involved in an excess benefit transact/on, that tran~action might be eubJec~ to the excise taxes of section 4959. Additionally, you are no~ automatically exempt from other federal excise taxes, If you have any questions about excise, employment, or other federal taxes0 please contact your key dietr~ct office. Grantors and contributors, may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a) (1) statue, · grantor or ¢ontribu~or may not rely on this determination if he or she was ~n part responsible for, or was aware o~, the act or ~ailure to act, or the substantial or material change on the Letter 947 (DO/C~) 173 -2' THE ~L~BITAT TRUST FOR WILDLIFE part of the organization ~hst resulted in your lose of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you ~ould no longer be classified as a section 509(a)(1) organization. Donors may deduct contributions to you as provided in section 170 of the Code.' Bequests, legacies, devises, transfera~ or gifts to you Or for your use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of Code sections 20SS, 2106, and 2522. Contribution deductions are allowable to donors only co the extent that their contributions ara gifts, with no consideration received. Ticket pux- chases and elmilar payments tn conjunction with fundratsing events may not necessarily qualify as daGucttble contributions, dependtn~'o~ =he circum-- stances. See Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, which sets forth guidelines regarding the deductibility, as char/- table contributions, of payments made by taxpayers for adm~seion to or other part~cipation in fundraislng activities for charity. ,In the heading of this letter we have indicated whether you must file Form 990,I Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year'are normally more than $2S,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label-provided, check the box in the heading to indicate that your annual gross receipts are normally $2S,000 or less, and sign the return. If a return ie recD~tred, it must be filed by the 1Sth day of the fifth month after the end of your annual accounting period. A penalty of $20 a day ~s charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your gross receipts for the year, whichever is ieee. For orgsni~ations with gross receipts exceeding $1,000,000 in any year, the penal~y ia $100 per day per return, unless there ts reasonable cause for the clelay. The maximum penalty for an organization with gross receipts exceeding $1,000,000 shall not exceed $$0,000. This penalty may also be charged if a return is not complete, so be sure your return ia complete before you file it. You are required to make your annual information return, Form 990 or Form 990-EZ, availah~e for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any suppor~ing documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge o~her than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be ~mposod for failure to comply with these requirements. Additional information is available in Publication 557, Tak-Eaempt Status for Your Organization, or you may call our toll free number shown above. ~etter ~47 (DO/CO) T~E }{A~ITAT TRUST FO~ WILDLIFE ,You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this ta~, you must fils an income tax return on Form 990-T, Exempt Or~snization Business Income Tax Return. In th/e letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Intcrmal I If we h~ve indicated inthe heading of this letter that an addendum applies, the enclosed addendum ie an lnte~ral part of th~s letter. Because this letter could help =ssolve any questions ~bout your exempt status and foundation status, you should keep it in your permanent records. We have sent a copy of this let=er to your representative as indicated ~n your power of attorney. If you have any clueet~ons, please contac= thc person whose name and telephone nu~0er are shown in the heading of this letter. S~csrely yours, Di=ector, Exemp= Organizations ~ulings and Agreements Letter 947 (DO/CG) /75 EXHIBIT 4 THE HABITAT TRUST May 5, 2002 A~ccomplish ments ~ Articles of Incorporation- Bylaws signed ~ ,~,eceived 134-acres and $125,000.00 from Sage Council legal settlement with UCP 'Inc. over University/Rancho Etiwanda Development ~ Developed budget blueprint - 2001 and 2002 ~ Completed Procedures for Donating Land - on web site ~ Approved By-laws amendments ~ Developed Land Acquisition Criteria - on web site ~ Identified SW comer of North Etiwanda Creek Nature Sanctuary ~ Consensus on land management strategy - "hands off' approach, signs ~, Acquired aerial photo and large blow up of Nature Sanctuary area ~ Obtained Copy of CAPP proposal submitted by City of Rancho Cucamonga Joined LTA - Insurance 2001 ~ Requested membership to North Etiwanda Reserve Committee as voting member to the County and was denied ~ Leeona attended LTA workshop on conservation easements, VA ~ Frank attended LTA workshop on fnndraising, IL ~ Leeona and Dolores attended LTA national convention, MD ~ Leeona attended LTA Pacific conference, CA m Developed and Printed brochures ~ Business cards made ~ Comment letter on Crest/Rancho Cucamonga Estates submitted ~ Received State incorporation, Federal Employment ID ~ Dissolved project and bank accounts under S.E.E. ~ Opened a bank account with B of A ~ Developed Web site and placed on Interact along with 2 web addresses ~ Received $10,000.00 installment from Sage Council settlement with City of Rancho Cucamonga over Crest/Rancho Etiwanda Estates ~ Grant application to Patagonia and Turner ~ Standard Business Practices - Adopted LTA Standards and Practices ~ Personnel changes to Board of Directors ~ Volunteers to field check and report on Nature Sanctuaries Projects in Development (Current Action Items) ~ 501©3 Tax Exempt Status ~ Letters to property owners introducing ours.elves and offering assistance to conservation sellers - Draft completed by Dolores and Frank ~ Letter of introduction to DFG/USFWS and other government agencies ~ Long Range Vision of Organization (and strategic plan) ~ Receivership of 174-acres and $350,000.00 per Sage Council settlement with A&J Resources over Crest/Rancho Etiwanda Estates in City of Rancho Cucamonga ~ Grant application to Home Depot for Nature Sanctuary sign posting and info area construction supplies and equipment - Leeona ~ Land Inventory and Priority Acquisitions Discussion Items ~ Hii~ a CPA to keep books 0p-to-date monthly ($50.00 x 12 -- $600.00) and annual tax filing EXHIBIT 5 /~? The Habitat Trust for Wildlife Nailing: 439 Westwood SC #144, Fayetteville, NC 28314 Southwest USA: Scandia Bldg, 30 North Raymond Avenue, Suite 303, Pasadena, CA 91103 Southeast USA: Ecology Center, :106 Rockingham Street, Carthage, NC 28327 Phone: (626) 676-4116 and (910) 947-5091 www.TheHa bitatTr ust.oro QUALIFICATIONS A Recognized California Corporation U.S. Department of Treasury, Internal Revenue Service Identified 509 (a) (1) and 501 (c) (3) status given on October 8, 2003 with prior status as of January 1, 1984. EIN# 04-3637770 A Sponsor Member of the Land Trust Alliance since 2000. A 2004 Recognized Blue Ribbon "Ambassador of Standards and Practices" nationwide for the 1,300 member organizations of the Land Trust Alliance. We do not allow Trespassing, Off Road Vehicles, Motorcycles, Shooting, Hunting, Equestrians and Dogs Off Leash on our, Nature Sanctuaries. We encourage scientific studies and publications that assist in furthering the conservation of rare, threatened and endangered species, including their habitats. We photograph, monitor, map and report baseline habitat quality and changes occurring in and adjacent to our Nature Sanctuaries. We support legal actions and take legal actions as needed to protect our Nature Sanctuaries. We have access to a number of volunteer and hired qualified biologists and naturalists to assist ~n the management and conservation of our Nature Sanctuaries and the species that reside and migrate to the area. · 2° We actively seek out prospective land donors and identify lands that could contribute to the growth of our Nature Sanctuaries. FINANCIAL ACCOUNTABILITY Our annual accounting of finances and tax reporting is performed by a former IRS agent and current tax accounting company, Dennis Rickman & Associates, Hope Mills, North Carolina that is independent of our organization. We seek, write, and obtain, grant pt0posals, seek memberships and benefactors. PUBLIC OUTREACH ~e have a website that provides detailed information, including our Mission Statement, How to D, onate Lands, Habitat types that we are interested in acquiring. BOARD OF DIRECTORS We have over forty years experience in community relations, social justice and environmental activism, and include: President, Leeona Klippstein has over fourteen years experience as a conservation leader. Co- founded the nonprofit wildlife conservation organization "Spirit of the Sage Council" enforcing environmental regulations and successfully protecting over 2,000-acres of globally imperiled habitats. U.S. House of Representatives recognized expert, and invited speaker on Habitat Conservation Planning. A selected Advisory Committee Member of Western Riverside County's Multi-Species Habitat Conservation Plan. Vice President, Doug Doepke, PhD has been a Board Member of County of Los Angeles Nature Centers since 1991. He served as President from 1991 - 1995 and has been the Vice President from 1997 - 2004. Secretary, Marleen Trunnell is a member of the Cherokee Nation with over 30 years experience working with various nonprofit and grassroots organizations, including those that are recovery wolf populations. A member and spokesperson of Spirit of the Sage Council for over a decade. EDUCATION We support continuing education of our Board Members and consultants in conservation issues and organizational interests, programs and capital campaigns. EXHIBIT 6 /?Z NORTH ET. IWANDA CREEK NATURE SANCTUARY This Nature Sanctuary is 135-acres of canyon riparian, riversidean sage scrub, cismontane and forest habitat within the San Bemardino National Forest on the coastal facing easterly San Gabriel Mountains, San Bemardino, California. (See USGS Cucamonga Quad Section 9, SW ¼ section) From the southwestern comer of the Nature Sanctuary, below an ancient oak tree and from tti~ canyon wall facing the vistas of the San Gabriel Mountains is a biologically ,, diverse alluvial wash. Sage scrub and yucca lanterns meet California walnut, White alder, Pines in a lush and pristine riparian habitat. Further north in the North Etiwanda Creek Nature Sanctuary is a beautiful waterfall and rock formation that sustains ferns and other plants that grow in the soil of crevices. Following the steep northeastern Etiwanda Creek drainage up into the San Gabriels, the riparian woodlands become more dense with tree canopies until the mountain peak opens. The Nature Sanctuary crosses over the peak into the next draifiage to the east - Henderson Canyon. The water flows from both of these headwaters south down the creeks, across the Day/Etiwanda/I-Ienderson/San Sevain alluvial fan ecosystem and onward to the Santa Aha River which flows to meet the Pacific Ocean at Newport Back Bay, Orange County, California. The majority of this Nature Sanctuary is forest, cismontane, riparian and riversidean alluvial sage scrub habitat. The highest elevation is 3325 feet and the lowest is 2400 feet. The habitat throughout is intact having kept its pristine character regardless of an unpaved and non-maintained Forest Service firebreak road that meanders between canyons. To access the Nature Sanctuary one must have a key to a series of locked gates that are only available for access by The Habitat Trust, San Bemardino Natural History Museum biologists, Chaffey College biology instructors, State and Federal wildlife authorities and the local water company. No motorized vehicles, shooting, hunting, horses or dogs are allowed in the Nature Sanctuary or the 762-acre North Etiwanda Preserve that is to the immediate southwest. Human disturbance of plants and animals on the Nature Sanctuary is discouraged. The Habitat Trust shall not be held responsible for those people w. ho enter Nature Sanctuary without authorization. People wishing to enter the Nature Sanctuary for educational, scientific research or spiritual renewal may contact The Habitat Trust for permission. In this way The Habitat Trust can maintain the integrity of the habitat for plants and animals. SPECIES INVENTORY- It is thc policy of The Habitat Trust for Wildlife to compile a list of species that are known and/or expected to occur within the Nature Sanctuaries. This species list may be derived from surveys past or present, published or unpublished and may be updated as new', species information is made available. The Board of Directors may hire a qualified botanist and/or biologist on occasions when funding for such specified activities are avai'lable and/or needed. The following is a partial list of other rare animal species that have been confirmed or have moderate to high oecnrrenee of probability in the area: Arroyo southwestern toad (Bufo microscaphus californicus) FE/CSC/SP Western spadefoot toad ($caphiopus hammondiO FSC/CSC/SP California red-legged frog (Rana aurora draytonii) FT/CSC/SP c~°untain yellow-legged flog (Rana muscosa) FPE/CSC/SP ast range newt (Taricha torosa torosa) CSC ~ellow-blotched salamander (Ensatina eschscholtziicroceator) CSC Arroyo chub (Gila orcutti) CSC Santa Ana speckled dace (Rhinichthys oscultus ssp.3) FSC/CSC Santa Ana sucker ( Catostomus santaanae) FPT San Diego banded gecko (Coleonyx variegatus abbottii) CSC San Diego homed lizard (Phrynosoma coronatium blainvilleO FSC/CSC/SP Coastal Rosy boa (Lichanura trivirgata rosafusca) FSC/CSC San Bemardino mountain king snake (Lampropeltis zonataparvirubra) FSC/CSC San Beruardino ring-neck snake (Diadophis punctatus mode~tus) FSC Coast Patch-nosed snake (Salvadora hexalepis virgultea) FSC/CSC Two-striped garter snake (Thamnophis harnmondii) FSC/CSC/SP California Legless lizard (Aniella pulchra) CSC Coastal western whiptail (Cnemidophorus tigris multiscutatus) FSC Night snake, Western Yellowbelly Racer snake Western skink Southern Alligator lizard. Ash-throated Flycatcher Ashy mfous-crowned sparrow (Aimophila ruficeps canescens) CSC Anna's Hummingbird Acorn Woodpecker American Kestrel American Goldfinch Barn Owl Barn Swallow Bell's sage sparrow (Amphispiza belli belli) CSC Bewick's Wren Brewer's Blackbird Brewer's Sparrow Black-chinned Sparrow Burrowing owl (Athene cunicularia hypugea) FSC/CSC Band-tailed Pigeon Black-chinned Hummingbird Belted Kingfisher Black shouldered Kite Bla~k Phoebe BlaCk Throated, Gray Warbler Black-headed Grosbeak Blue-gray Gnatcatcher Blue Grosbeak California Gnatcatcher FT California Quail California Thrasher California Towhee Cactus wren (Campylorhynchus brunneicapillus) CSC FE C~ssin's Kingbird C~dar Waxwing Ohipping sparrow Cliff Swallow Common Snipe Cooper's hawk (.,tccipiter cooperi) CSC Costa's Hummingbird Common Raven Common Crow Common Bushtit Canyon Wren Downy Woodpecker Dusky Flycatcher Ferruginous Hawk Golden eagle (Aquila chry~aetos) CSC/SFP Great Blue I-Iemn Great homed Owl Greater Roadrunner Hairy Woodpecker Hammond's Flycatcher Homed lark (Eremophilus alpestris actia) CSC House Sparrow Killdeer Least Bell's Vireo FE Lesser Nighthawk Loggerhead shrike (Lanius ludovicianus) CSC Long-eared owl (Asio otus) CSC Mallard Duck Mountain quail (Oreotyxpicta) CSC Mourning Dove -2- Northern Fliqker Northem harrier (Circus cyaneus) CSC Nuttall's Woodpecker Olive-sided Flycatcher Pacific Slop~ Flycatcher Peregrine Falcon FE Poorwill Prairie Falcon Red-breasted Sapsucker Red-tailed Hawk Rock Dove Rough winged Swallow Rufous Hummingbird Say's Phoebe Sharp-shinned hawk (Accipiter straighus) CSC Short-eared Owl Sora Rail Southwestern Willow flycatcher FE Turkey Vulture Western Screech Owl White-throated Swit~ Western Kingbird Western wood Pewee Violet-green Swallow Steller's Jay Scrub Jay Mountain Chlekadee Oak Titmouse White-breasted Nuthatch Dipper House Wren Rock Wren Ruby-crowned Kinglet Mockingbird Hermit Thrush Robin Western Bluebird Wrentit phainopepla Loggerhead Shrike Huttoffs Vireo Warbling Vireo Orange-crowned Warbler Nashville Warbler Yellow Warbler Wilson's Warbler -3- Yellow-rumped Warbler Yellowthroat Warbler Westem Meadowlark Northem Oriole Hooded Oriole W~stern Tanager Lazuli Bunting H~use Finch Pine Siskin Lesser Goldfinch Spotted Towhee Vesper Sparrow Lark Sparrow Rufous-erowned Sparrow Bell's Sage Sparrow Dark-eyed Junco X~/hite-erowned Sparrow Golden-crowned Sparrow ~ong Sparrow Vaux's swift (Chaetura vaux0 CSC Yellow warbler (Dendroica petechia) CSC Brown-headed Cowbird (non-native) European Starling (non-native) San Diego black-tailed jackrabbit (Lepus californicus bennettii) CSC Los Angeles pocket mouse (Perognathus longimembris brevinasus) FSC/CSC San Diego pocket mouse (Chaetodipusfallax) FSC/CSC San Diego desert woodrat (Neotoma lepida intermedia) FSC/CSC Southern grasshopper mouse (Onychomys torridus ramona) FSC/CSC American badger (Taxidea taxus) SA Ringtail cat (Bassariscus astutus octarus) SFP Mountain lion (Felis concolor) SP Pallid bat (,{ntrozous pallidus) CSC Townsend's big-eared bat (Plecotus townsendii townsendiO FSC/CSC Yuma myofis (Yuma myotis) FSC/CSC Rare plant species confirmed or that have high probability of occurrence in the proposed planning area: Many-stemraed dudleya (Dudleya multicaulis) lB Plummer's madposa lily (Calochortusplummerae) lB Slender-homed spineflower (Dodecahema leptoceras) FE, SE, lB -4- Party's spineflower (Chorizanthe parryi ver. parryO 3 Pious daisy (Erigeron breweri var. bisanctus) lB California muhly (Muhlenbergia californica) lB Ashy spike-moss (Selaginella cinerascens) 4 Plummer's b.accharis (Baccharis plummerae ssp. Plummerae) 4 Nevin's barberry (Berberis neviniO FE, SE, lB Southern California black walnut (Juglans californica var. californica) 4 Rock monardella (Monardella virdis ssp. saxicloa) 4 California androsace (Adrosace elongata ssp. acuta) 4 LITERATURE REFERENCES BIRDS OF DAY CANYON 1981- 2001, San Bcrnardino Co., CA. Unpublished surveys compiled by James des Lauriers, Department of Biology, Chaffey College, Alta Loma, CA 91737. : VERTIBRATES OF DAY CANYON 1987, San Bemardino Co., CA. Unpublished surveys compiled by James des Lauders, Department of Biology, Chaffey College, Alta Loma, CA 91737. PLANTS OF DAY CANYON edited 1995, Unpublished surveys compiled by James des Lauders, Deparhnent of Biology, Chaffey College, Alta Loma, CA 91737.Contributors to this list; Greg Bartman, David Bixler, Rose Ann Cobos, Deborah Dorsett, Jeff Glazner, Michelle Havener, Robert Mums, Michele Myers, Jean Nelson, Wally Spaulding, Robert Thorne, Diana Six, John F. Wear, Nathan T Moorhatch, [Gerald Benny & Colin Wainwright 1971 (Students of Robert Thorne)], Steve Fischer = ~, CSU, Los Angeles' (1995), Jack Easton = #. Tierra Madre Consultants. "BIRDS, VERTEBRATES AND PLANTS FOUND IN CANYONS OF THE SAN GABRIEL MOUNTAINS, CA" 1996, unpublished USFWS database, provided by James Bums. -5- EXHIBIT 7 RIVERSIDE OFFICE 4280 Latham Street, Suite C Riverside, CA 92501 HOGLE-I. RELAND 951 ,8,.9222 FAX (951) 781-6014 _ ~ www. hogleireland, com A Land Ptanning & Development Consulting Firm CITY OF RAI~CI-:O CUCAI~ONGA TRANSMITTAL ro: Larr~ Henderson DATE: November 18, ZUU~ City of Rancho Cucamonga PROJECT NO: RE ['ilZFr),, - Planning Department PROJECT: Henderson Creek FROM: Pam Steele E-MAIL ADDRESS: steele ho leireland.com tRANSMITTED BY: 2 F~x X Hand Delivered by Lori Shriver 3 Qvemight Mail/Delivery [] By Mail QUANT TY DESCRIPTION 1 Original letter from Granite Homes to Brad Bullet dated November 3, 2004 l( For your information and files Per your request [] URGENT 13 For your approval [] For your review 13 For Submittal/Resubmittal COMMENTS: Larry, This letter is to provide certainty that the mitigation property will be conveyed to an appropriate conse~ation entity. We appreciate the City's support for this project and look forward to the completion of the annexation process. Please call if you have any questions, 909-787-9222. Thanks, Para Cc: Steve Stewart- 714-839-8470 Dorian Johnson - 949-250-9231 Roger Grable- 714-371-2550 Tim Johnson - 909-945-4037 GRANITE HOMES I Irvine, CA 92614 Bm'lding Quality For A Lifetime 949.250.9229 Fax 949.250.9231 November 3, 2004 CITY OF RA[~C, HO CUC,C,,~iONGA Brad Buller City Planner NOV 1 8 2004, City of Rancho Cucamonga P.O. Box 807 RECFI?r~ - PLANNING ,, Rancho Cucamonga, CA 91729-0807 Re: Open Space Transfer Plan - Henderson Creek Dear Mr. Buller, The purpose of our letter is to advi~e you that Rancho 2004, LLC (with Granite Homes as its manager) has acquired the interest of Henderson Creek Properties, LLC, in the property which is the subject of Tentative Tract Map SUBTT16324 and the related development approvals received from the City of Rancho Cucamonga. Please copy us with all further correspondence relating to these approvals. We also wish to advise you that we are in receipt of a copy of your letter dated October 7, 2004, addressed to Para Steele of Hogle-Ireland, and we have passed the request for information on to the Habitat Trust for Wildlife, Inc (the "Habitat Trust"). As of this point we have not received a response from them. We will continue to work with them to supply the requested information. The purpose of this letter is to advise you that if the Habitat Trust refuses to accept the conveyance of the property to be acquired for mitigation, or to manage the property as required by Mitigation Measure BIO-1, or fails to provide sufficient information which would enable the City to determine whether the Habitat Trust is a suitable manager of the property to be acquired for mitigation purposes in accordance with Mitigation Measure BIO-1, or if the Habitat Trust is found to be unsuitable by the City we, as the property owner, would then intend to comply with the provisions of Mitigation Measure BIO-1 by transferring the property to be acquired for mitigation to the County Special District OSol as referenced in Mitigation Measure BIO-1. We have contacted the Special District and are in the process of acquiring the necessary documents from them should this course of action prove necessary. / ~Executive Vic P~,.~f'dent Granite Homes Cc: Paul Blanc xff/ r " --" RIVERSIDE OFFICE :~[ HOGLE~~D 4280 Latham Street, Su,te C Riverside, CA 92601 A Land Planning & De~lopment Consulting Firm (951) 787-9222 FAX (951) 781-6014 ~.hogleiroland. com TRANSMITTAL TO: Larry Henderson DATE: November 24, 2004 City of Rancho Cucamonga PROJECT NO: 1512 Planning Division ~ PROJECT: Henderson Creek FROM: Pam Steele E-MAIL ADDRESS: psteele@hogleireland.com TRANSMITTED BY: CiTY OF RANCHO CUCAMONGA Fax X Hand Delivered By Alex Steele Overnight Mail/Delivery By Mail NOV 2 4 200/~' QUANTITY DE_~_SCRIPTION RECEIVF0 - PLANNING 1 paclage Information from The Habitat Trust Including: Letter to Roger Grable from Craig Sherman dated November 15, 2004(received 11/22/04) * w/exhibits: ! 1. Minutes from November 1, 2004 Board meeting 2. 2003 Attachment to Form 990 3. Independent Auditor's Report 4. The Habitat Trust for Wildlife Nature Sanctuaries Management Plan For your information X Per your request URGENT For your approval X For your review For Submittal/R~submittal COMMENTS: Larry, These additional items are being submitted in response to our request to The Habitat Trust to provide the information and materials requested in Brad Buller's letter dated October 7, 2004. Mr. Sherman's response letter is also included. Based on the materials submitted on November 15 and these items, it appears that there are still three (3) items listed in the City's letter to be provided. They are as follows, numbered as shown on the City letter: 7. List of Board Members of the Trust. 8. Personnel - employees or volunteers who would be actively involved in the management of the property. 9. Operations Plan/Maintenance Schedule. We will notify The Habitat Trust that these items are required. And as soon as we receive them, we will provide them to you. If you have any questions in the interim, please call me at (951) 787-9222 cc: Steve Stewart, Henderson Creek LLC Dorian Johnson, Granite Homes Roger Grable, Manatt, Phelps, & Phillips w/o attachments- via facsimile 714-371-2550 "F'" os- CRAIG A. SHERMAN ~ ~ C E ! V E D A'I-rORNEYAT LAW N0~/ 2 2 2004 SAN DIEGOi CA 92101 '2311 SHERMANLAW~AOLCOM Novcmb~ [ 5, 2004 tELEPHONE FACSIMfLE 19) 70~-7892 (619) 70~-9291 Via Facsimile (714) 371-2550 Followed by Overnight Mail ,, Roger A. Grable, Esq. MANATT, PHELPS & PHILLIPS 695 Town Center, 14th Floor Costa Mesa, California 92626 Re: Further Information Regarding The Habitat Trust Qualifications Henderson Creek Properties, Mitigation Lands The following responds to the 6 queries set forth in your emall dated November 11, 2004 regarding the qualifications, acceptance of mitigation lands, and management activities of The Habitat Trust's (THT): No. 2 The THT board of directors had prior knowledge of the terms of the Settlement Agreement and acceptance of the Henderson Creek mitigation land, and on November 1, 2004, at its Annual Meeting discussed and ratified the same. A copy of THT's minutes from its Annual Meeting is enclosed (1 p.). No. 4 The Habitat Trust received their 501(c)(3) status in 2003 and that was the primary official IRS tax filing thus far. THT hired the tax accounting services of Dennis Riekman & Associates for that filing. As far as the 2003 tax filings, I was able to obtain the attachments to IRS Form 990 and the profit loss statement for FY 2003. These are very detailed and should be sufficient and I have enclosed them herewith (4 pp.). No annual report or independent audit has yet been finalized for FY 2003. An independent audit was conducted for FY 2002, when the THT was a subsidiary of its predecessor entity Social and Environmental Entrepreneurs, Inc., a copy of SEE, lnc.'s California Form 199 (10 pp.) and the Independent Auditor's Report (7 pp.) is enclosed herewith. Page Two November 15, 2004 Roger A. Grable, Esq. Nqs. 5 and 9 The referenced "Land Management Strategy" is very basic. Land trusts can choose whether or not to implement intensive or non-intensive management depending upon the habitat type, species needs and parcel location. THT has chosen a mix of both, i.e., since the parcels are I close proximity to the National Forest and residential development there will be non-intensive weed abatement and/or vegetation burns, however, non-native plant removal may be eradicated by hand. P~iority management strategies of THT are to focus on Protecting Lands from Human r~lated impacts - e.g., keeping out motorized vehicles, shootersJhunters, equestrians, and ~, umping. A copy of THT's management plan (19 pp.) and monitoring form (9 pp.) are enclosed herewith. No. 7 The board members of THT have changed since the last tax filing. These include Leeona Klippstein (president), Doug Doepke (vice president) and Marlene Trurmell (Secretary). The board may be made up of three persons, and no more than six. The website for THT has not been updated and reflects only the names of the original board members. (See, enclosed Annual Minutes (1 p.). No. 8 The board members and volunteers participate in monitoring the Nature Sanctuaries of THT. THT does not have "employees" but instead hires consultants as independent contractors as needed. If you have any questions regarding the above or you require any additional information, please do not hesitate to contact this office. Craig A. Sherman Enclosures The Habitat Trust for Wildlife 2004 Annual Board Meeting November 1, 2004 Meeting Place: Courtyard by Marriott, Providence, Rhode Island Time: 10:15 AM Pre3ent: Leeona Klippstein, Doug Doepke, Marlene Trunnell Agenda 1. Budget Report - Attached Proposed 2004-2005 Annual Budget of $140,000. 2. Secretary Report - No new business 3. Old Business - None 4. New Business- a. Motion to Adopt Land Trust Alliance (LTA) Revised Standards and Practices. Approved Unanimously. b. Motion to Assert that President of Board is not a paid position, but post of I Executive Director is a paid position. Approval would bring THT into ~ compliance with LTA Standards and Practices. Approved Unanimously. ' c. Motion to clarify that pos of President does not include function of acting as a Treasurer. In lieu of Treasurer, THT will hire a tax accountant to file year end tax report to IRS. Approved Unanimously. d. Motion to clarify that Executive Director is responsible for administrative and banking tasks in lieu of a Board Treasurer. Approved Unanimously. e. Motion to erect effective signage at THT Nature Sanctuaries. Approved Unanimously. f. Motion to hold a regular meeting later this month, November, to further clarify and organize THT needs. Approved Unanimously. g. Motion to hold next year's annual board meeting at LTA Rally. Rejected Unanimously. h. Motion to automatically accept mitigation lands, as Nature Sanctuaries, from Spirit of the Sage Council litigation subject to consistency with THT Criteria and Procedures for land receivership. Approved Unanimously. ADJOURNED 11:17 AM Minutes: Marlene Trunnell The Habitat TrUst for Wildlife Hailing: 439 Westwood SC #144, Fayettevllle,-NC 28314 Southwest USA: Scandia Bldg, 30 North Raymond Avenue, Suite 303, Pasadena, CA 91103 Southeast USA: Ecology Center, 106 Rocklngham Street, Carthage, NC 28327 I ' Phone: (626) 676-4116 and (910) 947-5091 ~ www,TheHabltatTrust.om ! IRS EID# 04-3637770 · - 2003 ATTACHMENT to FORM 990 Return of Organization Exempt From' Income Tax Part IH Statement of Program Service Accomplishments Number of clients served - The conservation work of The Habitat Trust serves hundreds of known and unknown rare, threatened and cndsngered species of plants and animals. The habitat lands (over 300- acres of Riversidean Alluvial Fan Sage Scrub .(RAFSS) and Riparian natural communities), that we hold in fee title and administer or care for, are within a region of Southern California and the Earth identified by scientists and conservationists as a global "hot spot" of biodiversity. Through acquisition of imperiled habitat lands and giving nature sanctuary, our organization is serving all of humanity, now and for future gencrations. When we give nature sanctuary, we are in essence allowing biodiversity, along with natural genetic exchanges, to continue as undisturbed as possible. Giving Nature Sanctuary in California and throughout the United States is om: service. The Habitat Trust continued to be a member of the tax -exempt organization, Land Trust Alliance, providing membership fees/dues. In regards to "clients" and/or individual persons, we provided needed assistance to the conservation organization, Spirit of thc Sage Council, that is a project of the 501c3 Social and Enviromncntal Entrepreneurs (95-4116679) by accepting habitat lands and funding that were included in an out-of- court settlement (Spirit of the Sage Council v. City of Rancho Cucamonga and A & J Resourcos). Spirit of the Sage Counoil legally challenged a residential development project (Rancho Etiwanda Estates or "Crest") of A & J Resources that was. approved by the City. As a result of enforcement* of environmcntal laws, City and A & J Resources agreed to settle out-of-court and provide additional mitigation of impacts to habitat caused by the development. Spirit of thc Sage Council directed the habitat mitigation lands and funding to Thc Habitat Trust for Wildlife. In turn, our organization covered legal expenses to have a conservation easement placed on the habitat lands and included in our Nature Sanctuaries at Etiwanda and Henderson Canyons. In an informal partnership with Spirit of the Sage ~r HABITAT'TRUST FOR WILDLIFE 2003. Return of Organlzation Exempt ~ im:~me Tax 2 of 2 Council, The Habitat Trust for Wildlife also accepted the funding to administer the care of the habitat lands for conservation purposes and associated costs to do so. Publications isst~ed - Several hundred of our organization brochures were printed and distributed. Achievements - (see above, Clients served.) In addition, The Habitat Trust, jqined with Spirit of the Sage Council, opened an office in the Southeastern United States to work fxom and provide an Ecology Center. The Habitat Trust currently pays rent for three offices - 30 North Raymond Avenue #303, Pasadena, CA and two rooms/offices at 106 Rockingham Street, Carthage, NC, referred to as The Ecology Center. The Ecology Center will provide office space to two or mom nonprofit organizations dedicated to conserving imperiled habitats and wildlife. 'Besides the work office, the Ecology Center will also provide for a full-time resident and part-time intern with two bedrooms, kitchen, living room and exereise/healing room. In addition, the ¼-acre grounds of the Ecology Center includes an organic vegetable and flower gardens that are a work in progress as the grass/lawn is removed and replaced by native plants, trees and gardens of vegetables and flowers. Within the past year we have established three'raised organic vegetable beds, planted twenty'seven native tre~ and four flower beds of primarily native wildflowers and drought tolerant hardy perennials The Ecology Center is in a small rural and historic town of Carthage, the capital Of Moore County, North Carolin~. The Ecology Center is an old Victorian style house built in 1920, located in the historic district and a~cross the street from a museum, park and elementary school. The house and land are owned by Leeona Klippstein who is the full-time resident and conservationist. Once all repairs and renovations are complete at the Ecology Center, The Habitat Trust will hold events and socials to ~:ncouraga local landowners to conserve and donate habitat lands, such as wetlands and imperiled long-leaf pine forests..4nother vision and goal of the Ecology Center is to be able to "go o. ff the grid" by becoming a self-sustainable and solar powered. Achievements not measurable - The Habitat Trust continues to research the location of land parcels and their landowners to become more aware of who might be a donor or willing seller of habitat lands needing conservation. Our organization has had an ongoing need to cover legal fees and expenses for legal counsel to meet with prospective land donors. Some of these meetings have not yet come to bear the' fruits of conservation, yet we are hopeful that additional habitat lands and funds will be given to our organization in 2004. Part VII 103 Other Revenue There were no other revenues, other than those reported. Part VIII Relationship of Activities to the Accomplishment of Exempt Purposes All activities were consistent with our mission statement, including the administration activities of the organization. The Habitat Trust for Wildlife accomplished our goal of"Giving Nature Sanctuary" in the : public trust of conserving imperiled habitats of rare, threatened and endangered species within the United States of,~nerica. Therefore, the organization contributed towards providing a better natural environment in conserving biodiversity - a benefit to the public. Part IX Information Regarding Taxable Subsidiaries and Disregarded Entities The Habitat Trust does not have any subsidiaries and/or taxable subsidiaries. Neither does the organization have any entities and./or disregarded entities. The Habitat Trust for Wildlife Tax ID# 04-3637770 Nailing: 439 Westwood SC #144, Fayettevllle, NC 28314 Southwest USA: 30 North Raymond Avenue, Suite 303, Pasadena, CA 91103 Southeast USA: Ecology Center, 106 Rocklngham Street, Carthage, NC 28327 Phone: (626) 676-4116 and (910) 947-5091 Www.TheHa bltatTrust.or~ ATTACHMENT to FORM 990, 2003 Return of Organization Exempt From Income Tax Profit & Loss Statement 2,003: Jan.1, 2003 - Dee. 31, 2003 INCOME ($143,052.51) Direct public Support 142,434.26 Indirect public Support 5 i 8.25 Oovt contributions (grants) 0 Public service revenue including govt fees and contracts 0 Membership dues and assessments 0 Interest on savings and temporary cash invesUnents 0 Dividends and interest fi'om securities 0 Gross rents 0 Net rental income 0 Other investment income 0 Gross amount from sales of assets other than inventory 0 Special events and activities (net income) 0 Other revenue 0 EXPENSES ($137,743.83) Program sarvices~ 97;363.85 Management and general 39,993.88 Fundraising 0 Payments to affiliates 376.10 ATTACtn rr' tO F°RM 90, 2oo3 (con n d) Return of Organization Exempt FrOm Income Tax Profit & Loss Statement 2003: Jan.l, 2003 - Dec.31, 2003 CATAGORIES Income ($143,052.51) Bank credits Individual donors 7,278151 (Lecona Klippstein 1878.51, Ben Anders~n 5,000.00, Mary Tkach 409.) OrganiZation grants .. Refund-Reimbursement Awards (legal ere) 133,654.09 . (A&J Resources, Inc., Lytle Companies via SPirit of the Sage Council and legal counsel, Craig Sherman) Expenses ($137,743.83) Bank ~:harga 2,945.57 Conf~rence-Meetings 262.00 C0ns61tant fees (71,646.88) I Executive Director/Conservation 34,660.00 Legal 31,653.00 Project Asstds 2,300.00 Medical/Dental benefits 2,033.88 Tax Accountant 500.00 Donation-Tithe 376.10 Education 0 Equipment and Maintenance 0 Insurance & Taxes (travel, pwperty, event) 4004.70 Communications (8,857.95) Cable/DSL 791.10 Inteme~/emaiVhosting 1424.85 Telephoneffs 7,642.00 Fax 0 Project materials (15,375.98) Office supplies/Research and documentation Postage 3,555.57 Printing/Copying/Publications 7,901.90 Oceupancy/Rent and Utilities 19,385.75 Travel 3,421.43 ;t igley & Miron Certified Public ~Account~,,k. Suite 1660 Suite 317 3550 Wilshire Boulevard 528 Arizona Avenue Los Angeles, California 90010 Santa Monica, California 90401 Telephone: (FI3) 639-3550 Telephone: (310) 394-6687 Facsimile: (213)639-3555 Facsimile: (310)394,-6027 INDEPENDENT AUDITOR' S REPORT ;oard of Directors :ocial and Environmental Entrepreneurs ,os Angeles, california re have audited the accompanying statement of financial position of :ocial and Environmental Entrepreneurs (SEE), a nonprofit corporation, .s of December 31, 2002, and the related statements of activities and ..ash fl6ws for the year then ended. These financial statements are the .esponslibility of SEE's management. Our responsibility is to express an ,pinion, on these financial statements based on our audit. Ie conducted our audit in accordance with auditing standards generally .ccepted in the United States of America. Those standards require that ,e plan and perform the audit to obtain reasonable assurance about rhether the financial statements are free of material misstatement. An .udit includes examining, on a test basis, evidence supporting the .mounts and disclosures in the financial statements. An audit also .ncludes assessing the acco%ulting principles used and significant ~stimates made by management, as well as evaluating the overall !inancial statement presentation. We believe that our audit provides a .easonable basis for our opinion. in our opinion, the financial statements referred to above present !airly, in all material respects, the financial position of social and :nvironmental Entrepreneurs as of December 31,' 2002, and the changes in .ts net assets and its cash flows for the year then ended in conformity rith accounting principles generally accepted in the United States of znerica. ,os Angeles, california ',eptember 5, 2003 SOCIAL AND EN~'IRONMENTAL EN.~.~EPRENEURS STATEMENT OF FINANCIAL POSITION December 31, 2002 ASSETS CURRENT ASSETS ~ Cash and cash equivalents TOTAL CURRENT'ASSETS 1,021,341 EQUIPMENT, NET 6,100 Equipment (2.033) Less adc~mulated depreciation TOTALN~T EQUIPMENT 4,067 6,399 INVESTME/gTS INVESTMENT IN UNDEVELOPED LAND ~2.188 TOTAL ASSETS ~ LIABILITIES AND NET ASSETS CURRENT LIABILITIES 56.069 Accounts payable and accrued expenses TOTAL CURRENT LIABILITIES 56,069 NET ASSETS 30,038 Unrestricted 997.888 Temporarily restricted TOTAL NET ASSETS ~ TOTAL LIABILITIES AND NET ASSETS ~ See notes to financial statements. 2 SOCIAL AIqD ENVIRONMENTAL E~'~.~EPRE1FEURS STATEMENT OF ;~CTIVITIES Year Ended December 31, 2002 Temporarily Unrestricted Restricted Total SUPPORT ANDR~-"~NUE Contributions $ 5,100 $ 3,319,808 $ 3,324,908 Fiscal fees 176,855 176,855 Interest i~ome 3,500 6,405 9,905 TOTAL SUPPORT ~ REVENUE 185,455 3,326,213 3,511,668 NET ASSETS' RELEASED FROM RESTRICTIONS 3,388'.542 (3.388.542) TOTAL SUPPORT, REVENUE AND NET ASSETS RELEASED FROM RESTRICTIONS 3,573,997 (62,329) 3,511,668 EXPENSES Program services 3,429,604 3,429,604 Management and general ~57.573 157.573 TOTAL EXPENSES 3,587.177 3.587.177 CHANGE IN NET ASSETS (13,180) (62,329) (75,509) NET ASSETS AT BEGINNING OF ~ 431218 1,060.217 1,103.435 NETASSETS AT END OF YEAR ~ 30,038 L 997.888 $ 1.027.926 See notes to financial statements. Year Ended December 31, 2002 Management Program and ~ ~ Total EXPENSES Salaries, wages, payroll taxes, and ,employee benefits $ $ 104,826 $ 104',826 Bank fees 21,029 231 21,260 Conferences and meetings 28,214 28,214 Consulting fees 657,199 21,519 678,718 2,03~ 2,033 Depreciation 375,580 375,580 Direct support 75,022 75,022 Education EquiPment 185,962 1,493 187,455 · 176,855 176,855 Fiscal fees 6,.552 1,985 8,537 Insurance internet and website 24,257 1,340 25,597 46,313 46,3-13. Lega~fees Maintenance and repairs 163,270 160 163,~430 Materials 587,590 58~,59.0 Miscellaneous 8,686 5,088 13,774 OutreaCh efforts 425,247 3,607' 428,854 183i, 670 183,670 Occupancy ~ . Postage-:and-shipplng 27,139 5,479 32,618 Printing and. publications 138,912 1,661 140,573 Research and documentation 19,806 19,8106 Supplies 15,698 4,758 20,456 Taxes and licenses 2,730 2,730 Telephone 53,340 5,426 58,766 Travel and meals 204.500 204.500 TOTALS ~ ~ ~3,587,177 See notes to financial statements. ~oCIAL AND ENVIRONMENTAL ElTo'REPRENEURS ~TATEMENT OF CAS}{ FLOWS :ear Ended December 31, 2002 )PERATING ACTIVITIES $ (75,509) Change in net assets Adjustments to reconcile change in net assets to net ca-4h used in operating activities: 2; 033 D~preciation Changes in operating assets and 'liabilities: Accounts payable and accrued expenses 47. 569 NET CASH USED IN OPERATING ACTIVITIES (25,907 ) iNVESTING ACTIVITIES (6. 399) Purchase of investments NET CASH USED IN INVESTING ACTIVITIES (6. 399) NET DECREASE IN CASH AND CASH EQUIVALENTS (32,306) I%SH AND CASH EQUIVALENTS AT BEGINNING OF YEAR CASH AND CASH EQUIVALENTS AT ElqD OF YEAR $ 1.021.341 IUPPLEMENTARY DISCLOSURES $ Income taxes paid Interest paid $ ;ee notes to financial statements. 5 ~oCIAL AND ENVIRONMElqTAL ENTREPRENEUR~ ~OTES TO FINANCIAL STATEMENTS )ecember 31, 2002 ~OTE 1--SUMMARY OF SIGNIFICAAVfACCOUNTI~G POLICIES {ature of Activities--Social and Environmental Entrepreneurs (SEE) was ~nitiated in 1994 as 'a non-profit administrative structure for ~rassroots projects. In addition to providing necessary admini~trative ~ervices at a low cost, this structure is a model of activist ~mpower~,ent and mutual support. As of December 31, 2002, SEE has ~rown :o encompass approximately 200 projects, from one-person, start-up ~olunteer efforts to full-scale, long-term operations. ~asis of Accounting--The accounts of SEE are maintained, and the ~inancial statements are prepared, on the accrual basis of accounting. ~ccordingly, revenues are recognized when earned, and expenses are ~eco~nized when incurred. ~--Non-reciprocal contributions received are recorded as ~lrestricted, temporarily restricted or permanently restricted support [epend~ng on the existence and/or nature of any donor restrictions. ;se o~ Estimates--The financial statements include estimates and ~ssump~ions made by management that affect the carrying amounts of ~ssets and liabilities and the reported amounts of revenues and ~xpenses. Actual results could differ from those estimates. ~ash and Cash Ec~ivalents--For purposes of the statement of cash flows, :EE considers all unrestricted highly liquid investments with aninitial ~turity of three months or less to be cash equivalents. ~--Investments are valued at fair market value. 'ro~ertv and E~u~Dment--Property, furniture, and equipment are stated at 'os~. Acquisitions in excess of $3,000 are capitalized. Property, urniture, and equipmen~ are depreciated on the straight-line method .sing useful lives ran~ing from 5 to 31.5 years. ncome Taxes--SEE is a nonprofit health and human services organization xempt from federal income taxes under Section 501(c)(3) of the Internal evenue Code (Code) and from california franchise tax under Section 3701(d) of the California Revenue and Taxation Code. Accordingly, no rovision for federal or state income taxes is included in the inancial statements. In addition, SEE has been determined by the nternal Revenue Service not to be a private foundation within the eaning of Section 509(a) of the Code. oncentrations..pf Credit Risk--Financial instruments which potentially ubject SEE to concentrations of credit risk consist of cash and cash quivalents. SEE places its cash with a high credit quality financial nstitution where the funds are ~uaranteed by the Federal Deposit nsurance Corporation (FDIC) up to $100,000 per institution. Such cash alances exceeded the FDIC insurance limits by approximately $950,000 as f December 31, 2002. SOCIAL AND ENVI'RONMENTAL E~-£~EPRE~:0KS NOTES TO FINANCIAL STATEMENTS-~continued NOTE 2--INVESTMENTS Investments at December 31, 2002, consist of 75 shares of common stock between two publicly held companies. NOTE 3--INVESTMENT IN UNDEVELOPED LAND in April,.2900, SEE received commercial property on behalf of a project valued at $52,188. As a consequence of apr. ovision in the transfer grant deed, use of the property is irrevocably restricted for open-space purposes. NOTE 4--TEMPORARILY RESTRICTED NET ASSETS Donor restricted contributions and grants are reported as increases in temporarily restricted support when such gifts are received with donor stipulations that limit the use of the donated assets. Since the contributions and grants relate to the various projects of SEE,' essentially all contributions and grants are temporarily restricted. When a donor restriction expires, essentially as the monies are spent, temporarily restricted net assets are reclassified to unrestricted net assets and reported as released from restrictions. NOTE 5 - - COMMITMENTS SEE leases its administrative office facilities in Los Angeles under a noncancellable operating lease that commenced on April 1, 2003 and expires on March 31, 2006. Upon expiration of this lease, SEE has the option to extend the lease for an additional two year period at a negotiated rate of $1,500 per month. Future minimum annual payments under this. lease agreement are as follows: Year Endin* December 31. 2003 $ 9,000 2004 13,800 2005 17,100 2006 4. 500 TOTAL $ 44.400 No rental expense was incurred for the year ended December 31, 2002. NOTE 6--RELATED-PARTY TRANSACTIONS Prior to April 1, 2003, SEE's administrative office facilitieS were. donated by a member of the Board of the Directors. In early 2003 SEE negotiated a three-year lease agreement for office space and relocated to its new facilities in April 2003 (see Note 5). 7 , I yEAR California Exempt Organization FORM -- 199 2002 Annual Information Return · ~21790 11948 ~ST WASHINGTON E ~,~.~ CASH Pa~I ~ · ~ 186 760. I Gross ~les or re~ip~ from othe~ sources. Rom Side 2, Part , ne 8 .......... · ~even~e~ 4 Total gr~s receipts for filing requirement tesb Add line 1 through line S T~i~li~eaustbeCemHeted. fftheresu~islessthan$25,0~,seeGen~ I~ns~c{ionC ................... ' 4 3,5~1,668. 7 Tota~ cos~. Add line 5 and I~ne 6 ............................................................... ~ ................................. ~ s 3 511,668. 8 Total gross income. Sub,act fine 7 Eom line 4 .................................................... ' .......................... 9 Total e~enses and disbursements. From Side 2, Part tl, line 18 ....................................... ; ....... 9 3 5 3 9 608. 1 o Excess of receipts over expenses and disbursement~ Sub,act line 9 from line 8 .................................... 1~ -2 ? 9 A 0 , ~ 10. 11 Filing fee $10 or ~5. ~e ~neral Instruction F ........................................... : ......................................... 12 Filing 12 PenalW for Aiiure to fib on time. ~e General Instruction L ....................................................................... Fee 13 Balance due. Add line H and line 12 ..................................................... ~ ......................................... 13 ~0, 14 If exempt under R&TC Se~ion 23701d, has the organ~tion during the year: (1) participated in any p~liti~t ~mpaign or (2) a~empted to inPuence legislation or any ballot measure, or (3) made an election under R&TC Section 23704.5 (felating to lobbying by public charities)? if ~es,' complete and a~ch form ~B 3509, Pohtl~l o[ Leg~sBtive Acti~ties bY ~cti°n 23701d Organ~h°ns ........................... ~5 Did the organization have any changes in its act~ities, governing instrumenl, adicles of incorporaUon; or bylaws that have not be~n reported to the Franchise T~ 8~rd? if ~es," complete an e~nati°n and aHach c°pies °l ~evised d°cuments ............................ ~v~ 16 Is the organBation exempt under R&TC ~ction 23701g? ...................................................... ~ ......................................................... 17 Did the organization file Form 100, Form 100S, 100W, or Form 109 to report ~ble income? 18 The financial records are in ~re of SOC~ ~ ~O~?~ ~?~ Oa~ime telephone ( 3 ~ 0 ) ? 3 ?- 9 1 A 8 564-82-0019' ~7:~' ~0 WI~SHIaE BO~EV~D--SUITE 1660 I°~i' · .... ~?n 3550 · ' SOCIAL & ENVIRONMENTAL ENTREPRENEURS 5-411667 Part II Organ zat OhS w th gross receipts o more than $25,000 and private foundations regardless of amount of gross receipts - complete Pad II or furnish substitute information· See Specific Line instructions. : . 1 Gross sales or receipts from all business activities. See insfructions ................... : .................................. I 9 2 Interest ........................ ~ 3 Dividends ............................................................................................. ~ .................................. Receipts 4 Gross rents ........................................................................................... from Other 5 ............ Sources 6 Gross amount received fi.om sale of assets ..................................................................................... 7 Other ncome .................................... i ............................ $.E.~...$.~-~?~*~ 2 176,8.55. ~ Total gross sales or receipts from other sources. Add line 1 through line 7. i 1~6 0. ~ § Contributions, gifts, grants, and similar amounts paid. 10 Oisbursements to or for members .................................................................................................... 0 11 Compensation of officers, directors, and trustees. S ~..E- .~ ~A?~Z~T~..NT 3 .. 89,582. Exl)ensee 12 Other salarms and wages ............................................................................. i ................................ end 13 Interest .................................................................................................. ~ .................................. 8 f 181. Disburse- 14 Taxes ...................................................................... 183 mauls 16 Rents ..................................................................................................... i .................................. 2,033. Depreciation and deplation .......................................................................... ~ ................................. 16 Other .......................................................... S.~.~...~.?-~.~ .4 .... 3.42. 18 Total expenses and disbursements. Add line 9 fhrouoh line 17. Enter here and on Side 1, Pad t, line 9 ......... -- of taxable year End of tsxabie year ~e ~_._Balance SheetS -~u,,,,,,,,v ............. ~ (a) . -- (b) ~ (c) (d) AseetS 1,053~6 7 i, ':'. : ,;. 1~09.1,343.. 8 Mortgage loans (number of loans ) ~ ~ ~: ~:: ~, i · 9 Otherinvestmants ................................. '~ ~'~i':?: ':~#~ ':: "~: :~'1i:' 6 ~ 3.00. 10 a Oepreciableassets 6 , ?00 · ~'/: · . ::: 6,3.00 2,033. ~, 06"/. ............... .:: ..... s?.,3.8;8 i! 11 Land .................................................... ~,~?~: ~ ~i~. : i i!~.~.::.":~': :: ' 12 Other assetS ........................................ !: ~ ~i~>::i~*:~-'"~i~i ;::': 3., 3.13., 9~15~ ,:'=~: '~ ~ 1,083,995. 17 Mortgages payable ................................. ~-~'~!~.::~ ,~ ~.~: ~ ~ 18 Otherliabilities.. ...................................... ' ~i~;~i~!:~>! :i :~ t9 Capital stock or principle fund !~!~t~ '~-% ~ ~'~.~- .>' ~'' ' : .................. ~ ~ ..... ~ .~ ..... I ~..? ~? ~ : ~ ~:,~: :--'~!::,-,,~, ..... 3. 113. 935.~.~,:,~ 22 Total liabilities and nef ........................ $¢h~du]~ M-1 Reoonciliation of income per booko with income per retnrn Oo not complete this schedule if the amount on Schedule L line 1 ~, column (d), is lese than $25,000 -75,509. 2 Federalincome tax ...................................... 8 Deducfione in this return not charged deductad in this return ............. $?~...~ .... ~? ~ 56~ · 9 TotaI. Add line 7 and line 8 ................. $ Total. "~ ' : ....... ~"' Add line 1 through line 5 ..................... - 9. ? ~ Subtract line 9 from line 6 - SOCIAL & ENVIRONMENTAL ENTREPRENEURS 95-4116679 ORM 199 CASH CONTRIBUTIONS OF $5000 OR MORE STATEMENT 1 INCLUDED ON PART I, LINE 3 DATE OF ONTRIBUTOR'S NAME CONTRIBUTOR'S ADDRESS GIFT AMOUNT DELAIDE P. GOMER 422,CAYUGA HEIGHTS RD ITHACA, NY 14850 5,000. LFRED & HARRIET FEINMAN 134. LINCOLN AVE PURCHASE, NY OUNDATION ' 10577-2311 5,000. NN & GORDON GETTY 1 EMBARCADERO CENTER, S~ITE OUNDATION 1050 SAN FRANCISCO, CA 941[1-3642 12,000. RCA FOUNDATION 115~ CONNECTICUT AVE N-W, SUITE 400~WASHINGTON, DC 20036 15,000. .USTIN COM14UNITY PO BOX 5159 AUSTIN, TX 78763 OUNDATION 8,000. ERKELEY PA IENTS 2747 SAN PA.BLO AVE BERKELEY, ROUP,INC. i CA 94702 6,250. 'ALIFORNIA CERTIFIED 23 CORRAL RD BELL CANYON, CA 'ARMERS MAREKT 913~7 13,615. !~RNIA COM/vFu/qITY 445 S FIGUEROA ST, SUITE 3400 'O[/NDATION LOS ANGELES, CA 90071 71,567. !ALIFORNIA FEDERAL BANK 840 STILLWATER RD WEST SAC]UkMENTO, CA 95605-1649 ' 5,000. ~AROL' SNYDER HALBERSTADT 9 ~'ITTEMORE RD NEWTON, MA 02458_2105 5,880. :AROLE & ROBERT DALY 9460 WILSHIRE BLVD, SUITE 600 :HARITABLE FOUNDATION BEV~,RLY HILLS, CA 90212 25,000. ~ENTER FOR PUBLIC 29 TEMPLE PL BOSTON, MA 02111 iNTEREST RESEARCH, INC. 6,500. 1HARTWELL CI{ARITABLE 1999 AVENUE OF THE STARS, 'OUNDATION SUITE 3050 LOS ANGELES, CA 90067 50,000. ~LAIRE B. WILLIS 183!BABCOCK ST, SUITE 1 BROOKLINE, MA 02446-3171 5,000. IRA INVESTMENT 16900 GOLDEN WEST ST HUNTINGTON BEACH, CA 92647 5,000. STATEMENT ( S ) 1 SOCIAL & ENVIRO,I~~ENTAL ENTREPRENEURS 95-4116679 DANIEL GOLDBERG 9100 WILSHIRE BLVD, SUITE 1000 WEST BEVERLY HILLS, CA 90212-3413 5,00~ D~VID FAMILY FOUNDATION, 10960 WILSHIRE BLVD, SUITE INC. 2150 LOS ANGELES, CA 90024 10,000. DAVID HEARTLIFE 16 SHELTER COVE PACIFICA, CA 94044 5'00~0' EARTH ISLAND PO BOX 9400 CANOGA PARK~ CA .... 91309-0400 i 5,20~Q. EARTH LINKS, INC. 519 SEABRIGHT AVE, SUITE 103 SANTA CRUZ, CA 95062-3482 6,37.5. ELAINE SEILER 3 BARNABAS RD MARION, MA 02738-1421 10,000. ENTERTAINMENT INDUSTRY 11132 VENTURA BLVD, SUITE 401 FOUNDATION STUDIO CITY, CA 91604-3!56 10,00.0. FiDELiTY INVESTMENTS 82 DEVONSHIRE ST BOSTON~ MA CHARITABLE GIFT FUI~-D 02109 i 35,500. FOUNDATION FOR PO BOX 149 LAGUNA BEACH;: CA SUSTAINABILITY AND 92652 ~ 5,00 INNOVATION GARY N. CRAMER 17406 STONEY MEADOWS DR! ~ 5,000. VANCOUVER, WA 98682 ~ GIFF-SOM BACK FOUNDATION 810 7TH AVE NEW YORK, N~ 10019 18,000. GRANT L. NEMIROW 2550 N. HOLLYWOOD WY, SUITE 600 BURBANK, CA 91505 i 7,500. HAMILL FAMILY FOUNDATION 10 S, WACKER DR, SUITE ~150 CHICAGO, IL 60606 i 17,000. HORN FOUNDATION 335 N. MAPLE DR, SUITE 135 BEVERLY HILLS, CA 90210~3879 42,500. I.L.T./INCOME BUILDERS 200 LIME QUARRY RD MADISON, AL INTERNATIONAL 35758 9,000. JAMES W. & CHARbOTTE L. 1787 KING RD VISTA, CA 92084 22,500. WHEELER JEWISH COMMUNAL FUND 130 E. 59TH ST, SUITE 1204 MEW YORK, NY 10022 15,000. JOHN GILMORE PO BOX 170608 SAN FRANCISCO, CA 94117 20,00 STATEMENT .SOCIAL & ENVIRONMENTAL ENTREPRENEURS 95-4116679 iOSEPH K. & INEZ 190 N~ CANON DR, SUITE 404 BEVERLY HILLS, CA 90210~5323 50,0001.. [EITNETH S. ALPERN 3222 MILITARY AVE LOS ANGELES, 5,300., CA 90034 ~OHLBERG FOUNDATION 111 RADIO CIRCLE MOUNT KISCO, NY 10549 40,000. {RISTINA KIEHL & ROBERT 2275 SUMMIT DR HILLSBOROUGH, ~. FRIEDMAN CA 94010 i 5,000. bEAR FAMILY FOUNDATION 100 N. CRESCENT DR, FL0~R 2 oo6' BEVERLY HILLS, CA 90210 : 10, . ~EONARDO DICAPRIO PO BOX 291958 LOS ANGEL~S, CA FOUNDATION 90029 i 7,710. 5EVITT DEVELOPMENT PO BOX 207 MOUNT ARLINGTON, NJ ~ 8,000. 30MPANY~ 07856 H. CAROLYN. JUDD 8955 INDIAN SPRINGS RD I 12,000. FREDERICK, MD 21702 ~.ARION R. WEBER 30 ROCKEFELLER PLAZA NE~YORK, , 10,000. NY 10012 MORELOCK 1187 AZTEC TOPAMGA, CA 9!0290 8,400. MILO & ABBY DEVRIES 1935 GULF OF MEXICO, UNI~ 301 ~ 5,000. FOUNDATION LONGBOAT, FL 34228 NATIONAL CITY BANK 1900 E. 9TH ST CLEVELANDI, OH 44114 { 35,000. NATIONAL FISH AND 1120 CONNECTICUT AVE NW,i SUITE WILDLIFE FOUNDATION 900 WASHINGTON, DC 20036! 5,000. NATIONAL FOREST 4800 HAMPDEN LN, FLOOR 9 FOUNDATION BETHESDA, MD 20814 ! 13,890. NATURGAMIC FOUNDATION 5300 SANTA MONICA BLVD LBS ANGELES, CA 90029 i 35,000. NICOLE HILLEBRANDT 930 N. PALM AVE, SUITE 1~5 WEST HOLLYWOOD, CA 90069! 10,000. OWEN DAVIS 169 27TH ST SAN FRANCISCO, CA ,~ 94110-4312 6,000. PATAGONIA, INC. PO BOX 150 VENTURA, CA 93002-0150 250,100. STATEMENT ( S ) 1 SOCIAL & ENVIRONMENTAL ENTREPRENEURS 95-4116679 RATTY SHENKER 971 ENCHANTED WY PACIFIC PALISADES, CA 90272-2824~ 5 000. PAUL NEWMAN-NEWMAN'S OWN 523 DANBURY RD WILTON, CT FUND 06897 10 PETER WAGNER AND 2850 S. MOJAVE RD, LOT B LAS TONYE-MARIE CASTENADA VEGAS, NV 89121 5 000. POND FOUNDATION 1447 SEVILLE RD SANTE FE!, NM ' 87505 i 18 900. RALLY TO SAVE AHMANSON 1534 N. MOORPARK RD', UNIT 306 RANCH THOUSAND OAKS, CA 91360' 16 096. RONALD MEYER 11400 W. OLYMPIC BLVD, SUITE 550 LOS ANGELES, CA 90064 10 000. SNAPPLE 709 WESTCHESTER AVE WHITE PLAINS, NY 10604 i 9,000. STEINBERG ~AMILY FUND, 5901 N. SNOWFLAKE DR ~ FLAGSTAFF, AZ 86004 : 5,000. INC. SUSAN'BLOOM PO BOX 525 SALT SPRING ISLAND, : 5,000. BC VSK 2W2, CANADA TIDES FOUNDATION PO BOX 29903 SAN FRANCISCO, CA 94129-0903 '169,324 VANGUARD PUBLIC 383 RHODE ISLAND ST, SUITE 301 FOUNDATION SAN FRANCISCO, CA 94103 5,000. WASHINGTON MUTUAL BANK 350 S. GRAND AVE, FLOOR ~4 LOS ANGELES, CA 90071 i 5,000. WEAKEST LINK PRODUCTIONS, 3000 W. ALAMEDA AVE, SUITE 9, INC. ROOM 2738 BURBANK, CA 91523 28,750. WENDY & 0ZZIE SILNA 23301 PALM CANYON LN MALIBU, CA 90265 10,000. ANONYMOUS 47,500. ANTHONY CRABB & BARBARA 129 FERRERO DR HERALDSBURG, CA GRASSESCHI FOUNDATION 95448 i 10,000. CANADIANS IN SUPPORT OF 151 REBECCA ST, SUITE 227 AFGHAN WOMEN OAKVILLE, ON, L6L 5G8 CANADA 7,319. ANONYMOUS 20,244. COMMON CENTS NEW YORK 104 W. 88TH ST NEW YORK, NY 10024 17,050. STATEMENT(S) 1 SOCIkL & ENVIRONMENTAL ENTREPRENEURS 95-4116679 FORD MOTOR COMPANY PO BOX 1758 DEARBON, MI~48121 10,000. JO SMUDSKI & ROBERT 11509 PATRIOT LN POTOMAC, MD RU~NOFF 20854 5,000. JOHNSON FAMILY FOUNDATION 4601 RUE BELLE MER SANIBEL, FL 5,000. 33957 ~ TEE BANKY L~ ROCQUE 5332 HARBOR ST CITY OF FOUNDATION , COMMERCE, CA 90040 10,000. THE BODY SHOP FOUNDATION WATERSMEAD, LITTLEHAMPTON WEST SUSSEX, BN17 6LS UNITEDI ~ 8,587. KINGDOM ~ THE GUACAMOLE FUND 440 B PIER AVE HERMOSA BEACH, CA 90254 8,063. THE WOMEN'S FOUNDATION 340 PINE ST, SUITE 302 SAN FRANCISCO, CA 94104 i 94,500. THOMAS P. ~ ANCELLA PO BOX 1204 ROSS, CA 94957 · ~ 25,000. TOLDRIAN ! : TOTAL INCLUDED ON LINE 3 1,574,120. FoRM 199 OTHER INCOME STATEMENT 2 AMOUNT DESCRIPTION 176,855. FISCAL FEES TOTAL TO FORM 199, PART II,' LINE 7 176,855. STATEMENT(S) 1 - 2 SOCIAL & ENVIRONMENTAL ENTREPRENEURS Mb-41lb579 'ORM 199 COMPENSATION OF OFFICERS, DIRECTORS AND TRUSTEES STATEMENT 3 TITLE AND !AME AND ADDRESS AVERAGE HRS WORKED/WK COMPENSATIO NDREW BEATH PRESIDENT 0. .1948 W. WASHINGTON BLVD, SUITE 201 1 ,OS ANGELES, CA 90066 h%X GAIL SECRETARY 0. .1948 W. WASHINGTON BLVD, SUITE 201 1 ,OS ANGELES, CA...90066 lIMA DI LMAGHANI ~ TREASURER .1948 W. WASHINGTON BLVD, SUITE 201 1 ,OS ANGELES, CA 90066 ~TOSSA SOLTANI DIRECTOR 0. .1948 W. WASHINGTON BLVD, SUi~E 201 1 ,OS ANGELES, CA 90066 ~OTAL TO FORM 199, PART II, LINE 11 0~ FORM 199 OTHER EXPENSES STATEMENT 4 AMOUNT )ESCRIPTION 21,260. ~ANK FEES 673 542. 20NSULTING FEES 75 022. ~DUCATION 180 615. ~MALL EQUIPMENT 176 855. ~ISCAL FEES 8 537. INSURANCE 375 580. )IRECT SUPPORT 25 597. [NTERNET AND WEBSITE ' 163.430. ~EPAIRS AND MAINTENANCE 556.422. ?ROGRAM MATERIALS 14.809. ~ISCELLANEOUS 428,854. )UTREACH EFFORTS 19,806. {ESEARCH AND DOCUMENTATION 7,063. )THER EMPLOYEE BENEFITS 54,813. ~EGAL FEES 19,016. ~UPPLIES 58,766. ?ELEPHONE 22,868. ?OSTAGE AND SHIPPING 140,573. ?RINTING AND PUBLICATIONS 204,500. ?RAVEL 28 214. 20NFERENCES,CONVENTIONS AND MEETINGS ' ?OTAL TO FORM 199, PART II, LINE 17 3,256,142. STATEMENT(S) 3, 4 , SOCi"A.L & ENVIRONMENTAL ENTREPRENEURS 95-4116679 FORM 199 INVESTMENTS IN STOCK S-TATEMENT 5 DESCRIPTION BEG. OF YEAR END OF YEAR 74 SHARES OF PROCTOR & GAMBLE CO. 0. 6,359. 1 SHARE OF J.M. SMUCKER CO. 0. 40. TOTAL TO FOI~M 199, SCHEDULE L, LINE 7 0. 6,399. FORM 199 EXPENSES RECORDED ON BOOKS THIS YEAR STATEMENT 6 NOT DEDUCTED IN THIS RETURN DESCRIPTION AMOUNT NET ADJUSTMENT OF ACCOUNTS PAYABLE 47,569. TOTAL TO F~RM 199, SCHEDULE M-l, LINE 5 47,569. FORM 199 FUND BALANCES i STATEMENT 7 ~IPTION BEG. OF YEAR END OF YEAR UNRESTRICTED ASSETS . 43,218. 30,038. TEMPORARILY RESTRICTED ASSETS 1,068 , 717. 1,053,957. TOTAL TO FORM 199, SCHEDULE L, LINE 21 1,111,935. 1,083,995. STATEMENT(S) 5, 6, 7 ' * TA~LE YEAR CALIFOR NIA'FOR M , 2002 'Corporation Depreciation and Amortization 3885 Attach to Form 100 or Form 100W. FORM 199 FEIN 95-4116679 Corporation name California corporafioo num~ SOCIAL & ENVIRONMENTAL ENTREPRENEURS C2179086 , Part I Depreciation (b) (c) (d) . (e) (f) (g) (h) (a) Description of property Date pcquired Cost or Depreciation allowed or M~t.o~ o~ Life or Depreciation Addil~al other basis allowable in earlier years fi~,.?e rate for this year F~a yea- 1 I EQUI PME RT VARIOUS 6,100 ST~ 3.00 2,033. 2 Add the amounts in column (g) and columfl (h). The combined total of column (h) may not exceed $2,000. See instructions for line 1, column {h)' . ......................................................................................... i ......................... 2 2 r 0 3 3 3 Total. Add the amounts online 2, cotamn (g)and column (h) .................................................................................................. 3 2,033 , 4 Total depreciation claimed Ior federal purposes from federal Form 4562, line 22 ....................................... , ......................................... 4 2,0 3 3. 5 Depreciation adjustmenL If line 4 is greater than line 3, enter the difference here and on Form 100 or Form t00W, Side 1, line 6. If line 4 is less than line 3, enter the difference here and on Form 100 or Form 100W, Side 1, line 12. (if Calitorn!a depreciation amounts are used to determine net income before state adjustments on Form 100 or Form 100W, no adjustment is necessa~,.) .................. 5 Part II Amortization (b) (e) (d) (,) (q (0) (a) Description Date acquired Cost or Amortization allowed or R&TC Period or Amortization of property other basis allowable in earlie[ years section percentage for this year 1 ; 2 Total. Add the amounts in column (g) ....................................................................................................................................... 2 3 Total amodization claimed for federal purposes from taderai Form 4562, line 44 .................................................................... 4 Amortization adjustment. If line 3 is greater than line 2, enter the difference here and on Form 100 or Form 100W, Side 1, line 6. If line 3 is less than tine 2, enter the difference here and on Form 100 or Form 10OW, Side 1, line 12 .................................................... 4 388502104022 ] FTB 38852002 The Habitat Trust for Wildlife Nature Sanctuaries Management Plan Cucamong(n)a, North Etiwanda, West Valley Foothills Area 2003 - 2004 Developed by The Habitat Trust in Consideration of, and adapted from, the North Etiwanda Habitat Pt:6'serve Management Plan, 2001 USFWS, CDFG, San Bemardino County Open Space District 1. 1. INTRODUCTION The purpose of the Nature Sanctuaries Management Plan is to provide guidance to the Board of Directors, Officers and Consultants of The Habitat Trust in protecting, conserving and appropriately managing habitat for flora and fauna in perpetuity. A series of Nature Sanctuaries have been created through receivership of habitat mitigation . parcels associated with approved residential development by the City of Rancho Cucamonga and County of San Bemardino. Such development approvals were legally challenged by a nonprofit conservation organization, Spirit of the Sage Council, and as a result the habitat mitigation lands were directed to The Habitat Trust to own in deed and fee title. 1.1 Importance of North Etiwanda as a Regional Resource The alluvial fan located in the North Etiwanda area near Rancho Cucumonga is considered by the California Department offish and Game (CDFG) and US Fish and Wildlife Service CLISFWS) to be an important ecological area. The Preserve is wholly located within a State- designated Significant Natural Area (Fish and Game Code Section 1930 et. seq.). The property's value as an important ecological and cultural resource is attributed to the following: Presence of alluvial scrub, ranked by the State, Natural Diversity Data Base (NDDB) as a very threatened and rare natural community that is globally imperiled; · Presence of other rare and threatened habitats such as sycamore alluvial woodland, white alder riparian forest, California walnut woodland, flesh water springs, blue-line streams and canyon alluvial washes; · Presence of approximately 46 sensitive species of wildlife and plants occur within the Nature Sanctuaries and in locally contiguous habitats, including State- and federally-listed endangered, threatened, and/or sensitive species such as Plummer's mariposa lily, Party's spine flower, Bell's sage sparrow, rufous- crowned sparrow, San Diego homed lizard, Los Angeles pocket mouse, California gnatcatcher, least Bell's vireo, and San Bemardino Merriam's kangaroo rat; · The Nature Sanctuaries and the surrounding area of the indigenous Cucamong(n)a , area is known to be a sacred site by the Gabrielino- Shoshone Nation aka the , Gabrielino Band of California Mission Indians, by State legislation, and is currently used for cultural purposes; · Much of the northern boundary is contiguous with the San Bernardino National Forest and the surrounding landscape is currently mostly undeveloped. 1.2 Purpose of the Management Plan The general purpose of this Management Plan is to provide a conceptual framework for the overall long-term conservation and management of the Nature Sanctuaries. The primary goal of this l~lanagement Plan is to guide conservation and management of existing on-site habitats, ~ncl~ding waters, by providing direction toward the development of annual work plans by the Boa/'d of Directors. In support of this overarching goal, this plan will: Identify the habitats to be protected, conserved and managed under this plan; · Identify general management goals, objectives and actions to protect sensitive habitats within the Preserve from existing and future impacts; · Identify a hierarchy of management actions associated with management objectives; and · Outline a management process for the Board of Directors whose direction is to implement thc objectives of the Management Plan 2. PROPERTY DESCRIPTION For a more detailed description of the area of the Nature Sanctaries, see Safford and Quinn's 1998 Conservation Plan for the Etiwanda-Day Canyon Drainage System Supporting the Rare Natural Community of Alluvial Fan Sage Scrub. 2.1 Location The Nature Sanctuaries are located on a large alluvial fan at the southern end of the San Gabriel Mountains and north of the City of Rancho Cucumonga at the northerly terminus of Etiwanda Avenue. The Nature Sanctuaries are generally bounded between Cucamongu Canyon and the Cajon Pass - adjacent on the west is the County's North Etiwanda Habitat Preserve; on the north by the San Bemardino National Forest; on the east by Henderson Creek; and on the south by a Los Angeles Department of Water and Power (LADWP) transmission easement and privately owned parcels. In addition, some of the parcels are "in-holdings" located within the Congressionally-designated boundary of the Sen Bemardino National Forest. 2 2.2 Site Description The northernmost portion of the Nature Sanctuaries encompasses the mouths of East Etiwanda and Henderson canyons at an elevation of approximately 2,900 feet above sea level, and slopes to the south and southeast at an average 10% slope to approximately 2,100 feet elevation at the southern property line. The Nature Sanctuaries are bordered on the west by Etiwanda Creek that flows from East Etiwanda Canyon and the County's No,da Etiwanda Habitat Preserve/Open Space ,District 1. The Nature Sanctuaries are on a geomorphologieally complex alluvial fan, bordered on the north by the San Gabriel Mountains, and transitioning southward into the San Bernardino Valley. The hydrology of East Etiwanda Creek remains relatively intact, but is threatened by a future County Flood Control Project. In addition to East Etiwanda and Henderson Creeks, the Nature Sanctuaries are traversed by Middle Canyon Wash that crosses the central portion. A system of faults that cross the Nature Sanctuaries has created scarps and a fresh water spring. The Nature Sanctuaries are covered with a number of plant communities associated with alluvial fans and washes, including alluvial scrub, coastal sage sernb, alluvial chaparral, walnut woodland, syca~,a, ore woodland, and riparian vegetation. On the mountain slopes, chaparral and sage scrub elements occur. (See Section 3.1, Natural Communities.) 2.3 Existing Uses The Nature Sanctuaries area is eurrentiy used for passive recreation and cultural activities of the indigenous Shoshone-Gabrielino people. Uses which have degraded habitat and wildlife values here include plinking and shooting, trash dumping, off-road vehicle use and water diversion. Structural improvements within the Nature Sanctuaries are limited to the Cucamonga Water Company water transmission system and access road easements. The Cucamonga Water Company has some easements over existing wells, water distribution lines from East Etiwanda Canyon that transverse the western portion of the Nature Sanctuary. The San Bernardino County Flood Control District has drainage easements within East Etiwanda Creek extending into the canyon mouth, abutting a Nature Sanctuary parcel. Unimproved access roads and fire road easements, for US Forest Service and Cucamonga Water Company use, provide the only access within the site. The roads are supposes to remain gated and closed within the boundary of the Nature Sanctuaries. The main access road and gate intersects the LADWP power casement and the County's North Etiwanda Habitat Preserve and leads north up Middle Creek, adjacent and into East Etiwanda Canyon within the National Forest, ending at a waterfall on the Nature Sanctuaries. 3. HABITAT AND SPECIES DESCRIPTIONS Thc Nature Sanctuaries biological communities and habitats have developed in response to long- term geologic and hydrologic processes. The Etiwanda alluvial fan formed over tens of thousands of years. At the base of the steep San Gabriel Mountains, Day Creek Deer Creek, East Etiwanda Creek and Henderson Creek sweep onto the valley floor. As flood flows merge from the canyons and Slow down, their load of boulders, rocks, cobbles, sand and silt are deposited forming alluvial fans. The Nature Sanctuary is located on a contiguous fan complex formed primarily by Day Creek, and to a lesser extent, Middle, .East Etiwanda, Henderson and San Sevaine Creeks.:. The existing fan consists of areas that continue that to receive hydrologic runoff and intervening upland terrain that may be currently fluvially active. Episodic flooding events scour vegetated channels and deposit t~esh debris, which triggers recolonization of plants. This creates a mosaic of different aged stands of vegetation. East Etiwanda Creek remains largely unmodified along the. upper fan within the Nature Sanctuaries. However, flood control modifications are planned, including construction of a debris basin about two miles downstream of its debaucher. However, the project has been designed to maintain hydrologic activity in the upper portion of East Etiwanda Creek, thereby maintaining the fluvial activity which rejuvenates alluvial scrub vegetation along the wash. For a more detailed description of geologic and hydrologic processes at the Preserve, see Safford and Quinn's 1998 Conservation Plan for the Etiwanda-Day Canyon Drainage System Supporting the Rare Natural Community of.diluvial Fan Sage Scrub. 3.1 Natural Communities Vegetation at the preserve has developed in response to geologic and hydrologic prOcesses. It has also been influenced by periodic wildfires. The most recent wildfire occurred in 2003. The Nature Sanctuaries possess a high degree of biological diversity and habitat value. This region of Southern Calif0mia has been identified as a global biodiversity "hot spot" by numerous scientists as published by Conservation International. Approximately 68 percent of the site supports natural plant communities identified as rare by the California Depathnent offish and Game. Based on Southwest Environmental, ESA and LSA Associates field surveys, the Nature Sanctuaries contain tree, scrub, and herbaceous-dominated plant communities. Areas such as East Etiwanda Creek and Middle Canyon Wash receive flood flows and therefore tend to support early successional stages of alluvial scrub. Where groundwater persists near the surface, riparian tree species such as the inland White Alder, Califomia Sycamore and California Walnut occur. On the southwest portion of the Nature Sanctuaries fan is an area of alluvial chaparral which contains a blend of chaparral and alluvial elements. This area probably represents the oldest geologic surface on the fan. South facing mountain slopes are largely dominated by chaparral and coastal sage scrub. The Nature Sanctuaries support several unique vegetation features. The alluvial scrub occupying the upland portions of the fan is dominated by white sage. In a study initiated by the CDFG and USFWS, Barbour and Wirka (1997) conducted a floristically based analysis of alluvial scrub'in the Southern California region and found that the white sage-dominated group on the Etiwanda 4 fan was unique and distinct from other sampled stands of alluvial scrub in Los Angeles, San Bernardino, and Riverside Counties. 3.1.1. Tree Dominated Communities There are five tree-dominated natural communities on the site. Figure 1 shows the locations of White Alder Riparian Forest (WARF/OW)3 - __ acres of this natural community are found in Day Canyon at the north side of the property. It is supported by clear, swiftly moving stream. This community is considered rare by CDFG. Interior Live Oak Woodland (OW) - acres of interior live oak, canyon oak, and mountain mahogany occur along rocky margins, slopes, and sand bars in Day Canyon and the western bank of Etiwanda Creek. There are few understory species except poison oak. Sycamore Alluvial Woodland {RIP) - Approximately __ acres of this community occur along Efiwanda Creek, the Middle Canyon Wash, along several unnamed stream courses and in a few dry washes. This community is considered rare by CDFG. California Walnut Woodland (WW) - This community is considered rare by CDFG. There are approximately acres ofwainut woodland Eucalyptus Windrows (E) - Eucalyptus sp., totaling about __ acres, were planted on the north central portion of the alluvial fan during past agricultural periods. While the trees are non-native species, they do supply roosting and nesting habitat for raptom and other birds. TABLE 1 AREA AND STATUS OF NATURAL COMMUNITIES WITHIN NORTH ETIWANDA White Alder Riparian Forest (WARF) Rare Interior Live Oak Woodland (OW) ND Sycamore Alluvial Woodland 0>dP) Rare California Walnut Woodland (WW) Rare Eucalyptus Windrows (E) ND Riversidan Alluvial Fan Sage Scrub (Alluvial Scrub) Rare Chamise Chaparral (CH) ND 5 ICeanothus Chaparral/Riversidian Alluvial Fan Sage Scrub (CC/Alluvial Scrub) or Alluvial Chaparral Rare Freshx~ater Cienega (Cienega) Rare Non-n~tive Grassland (NNG) ND Disturbed Areas (D) ND TOTAL LSA Associates, Inc. December 1994 survey A CI~FG State Designated (Rare) or Not Desi~nated (ND) ~ESA, Inc. North Etiwanda Planned Development Environmental Impact Report Draft. December 7, 1993 2LSA ASSociates. Biological Survey of North Etiwanda. November 1994 Table 1 summarizes the approximate acreage of each plant community. The communities are summarized as follows: 3.1.2 Shrub Scrub Dominated Communities The majority of the Nature Sanctuaries are characterized by scrub-dominated plant communities2 These scrubland types include sage scrubs, which are dominated by soft-leaved drought deciduous species, and chaparrals dominated by woody evergreen species. Riversidan Alluvial Fan Sage Scrub (Alluvial Scrub) - there are an estimated __ acres of alluvial scrub within the Nature Sanctuaries. This community is found on the coastal base of the Transverse range and on a few isolated alluvial fans on the cismontane base of the Penninsular Range. In the Nature Sanctuaries, alluvial scrub also covers most of the gently slopirig alluvial fan surfaces that have not been recently subjected to scouring by flood waters. This variety of substrate comprises the large majority of the site. The CDFG and the USFWS are concerned about the continued losses of alluvial sage scrub, the rarest sub-association of Coastal Sage Scrub. The CDFG'S Natural Diversity Data Base ranks alluvial scrub SI.1 (very threatened) and a G1 (global level) rare natural community. This is the highest ranking used by the CDFG in its inventory of rare natural communities and receives high priority ranking for preservation. Chamise Cha ~al~_.~_~L~ - Approximately acres of CH occur on the Preserve primarily on south facing slopes. 6 Ceanothus Chaparral/Riversidian Alluvial Fan Sage Scrub (CC/Alluvial Scrub) or Alluvial Chaparral - Approximately __ acres of this mixed scrubland occur on the south-central portion of the Preserve. This large area of shrubland has been visibly evident on aerial photographs since the 1930's and has been described as Alluvial Chaparral in recent floristic. treatments (Barbour and Wirka, '1997). 3.1.3 ;Herbaceous Species Dominated Communities There ~re two communities on the site dominated by herbaceous plant species: non-native grassland and disturbed. Non-native Grassland {NNG) - A small area of non-native grassland, totaling __ acres, are currently described. One area is located to the east of Etiwanda Creek levee road and below the road along the lower toe of the hill. It is anticipated that this area will naturally recover back to Al*SS due ti 2003 wildfire. Distu[bed (D) - Ther~ are approximately additional acres within the Nature Sanctuaries that have been disturbed. It should be noted that portions of the Nature Sanctuaries that are not considered disturbed where affected by past agricultural clearing and are recovering from these activities. Other disturbed areas are associated with road casements and unauthorized vehicles, equestrian use and human disturbances. 3.2 Threatened, Rare, or Endangered Species The No~h Etiwanda arca suppoas a number of sensitive plant and wildlife species, several of which are Federal or State listed threatened or endangered. Several California Species of Special Concern and also occur within or nearby the Preserve. Listed species that may occur within the Nature Sanctuaries include the least Bell's vireo, California gnatcatcher, the southwestern willow flycatcher and San Beruardino Merriam's kangaroo rat. Sensitive species include: Los Angeles pocket mouse, San Diego black-tailed jackrabbit, American badger, Coastal cactus wren, San Diego horned lizard, coastal western whiptall, Southern sagebrush lizard, San Bcruardino ringneck snake, coastal rosy boa, coastal patch-nose snake, mountain yellow-legged frog, and two-striped garter snake, Party's spineflower, and Plummer's mariposa lily. 4. MANAGEMENT GOALS~ OBJECTIVES~ AND ACTIONS Sections 4.1 to 4.5 will be described and specified each year in the annual work plan developed by the Board of Directors in cooperation with biological consultants. Annual work plans will be developed by the Board of Directors with substantive input from consultants that are qualified professional biologists and botanists. All annual activities that involve natural resource management, restoration and biological monitoring will be based upon specific plans with the assistance of qualified biologists and/or botanists as appropriate. Specific plans that deal with vegetation and plant-related issues will be developed with the assistance of qualified botanists experienced with native plant ecology and 7 onsite plant communities. Where these activities could potentially affect wildlife species, a qualified wildlife biologist will be consulted. Implementation of these activities will be overseen and supervised by qualified botanists and biologists. Volunteers, students, conservation corps crews, or other sources of labor may be used. The Board of Directors will investigate hiring a professional natural resource manager on a part time basis to oversee annual work planning and preserve management activities. The central management issue that affects the success of the Nature Sanctuaries is the protection and preservation of all species, habitats, and natural features and ecosystem processes existing on site. To that end, the Management Plan identifies five principal goals: 1) Conservation of Native Species, Habitats, and Ecosystem Processes 2) Protection of Cultural Resources 3) Monitoring Existing Habitats, Species and Physical Conditions 4) Restoration of On-Site Habitats 5) Develop and Maintain an Informational Database Action Hierarchy In addition to describing management actions, the Management Plan also identifies a recommended hierarchy of relative priority. The action hierarchy consists of: First Priority Critical actions to be initiated immediately on availability of funding. Second Priority Those less critical actions to be completed under the annual work plan in years where funding is available in excess of that needed to implement first priority actions. Additional Actions Those actions are to be completed using funds from independent sources, and/or through coordination with easement holders, local jurisdictions, resource agencies, etc. Permissible Actions These actions can be completed at any time, do on available funding, and are generally associated with activities that can be initiated by volunteer or service-related organizations. Associated with each goal are specific management objectives, and actions needed to accomplish the objectives. Management objectives together with prioritized actions are described for each major goal in sections 4.1 through 4.5. 4.1 Goal: Conservation of Native Species, Habitats and Ecosystem Processes Protecting the Nature Sanctuaries from detrimental affects is central to the mandate of perpetual conservation of species, habitat, and ecosystem processes. Therefore, avoidance and 8 minimization of impacts associated with public access and adjacent land uses is a vital component of the management of the Nature Sanctuaries. 4.1.1 Objective: Achieve and maintain Site Protection Through Security and Monitoring Authorized access is currently restricted to such agencies as the Cucamongu Water Company and U.S. Fprest Service. The Cucamonga Water Company has placed heavy duty security gates on primatny entry points to protect their facilities on the property. To the detriment of the Nature Sanc~aries and conservation needs, the Cucamonga Water District fails to insure that the gates remain closed. In addition, the County and Open Space District fail to provide guard monitoring and penalties with fines to unauthorized users. Therefore, the Board of Directors may seek legal action against easement holders and adjacent landowners that are not cooperating with conservation needs and goals. Other vehicle entry points will be identified and blocked by gates, boulder and barriers. Aerial photos and site surveys will be used to detect entry points. Access roads and easements used by Los Angeles Department of Water and Power (LADWP), SBC~CD, CWC, and the U.S. Forest Service will be maintained by those agencies. All other road~ will be barricaded with large boulders or other effective barriers. Firs{ Priority Actions · Regular site monitoring and patrol will be performed. The purposo of the site monitoring will be to check for evidence of incompatible human activities such as trash dumping, vehicular encroachments, shooting, gate damage, equestrians etC. Remedial action, such as barricade enhancements, will be performed as necessary. The purpose of patrol is to provide, through official presence and enforcement, a deterrent to incompatible activities. · Institute a system of regular patrolling of accessible preserve perimeter areas, internal road system, and other areas as appropriate. A private security service may be retained to implement regular patrols. Patrolling should be sufficiently intensive to establish an active presence and timed to deter unauthorized activities, including night patrols as needed. Patrolling needs will be re-evaluated each year, and adjusted as appropriate. · Surveyed property corner markers will be established and maintained. · Trash will be removed when discovered. · Signs will be posted along essential roads advising public visitors that the Nature Sanctuary is an important habitat area, off limits to unauthorized public use. A phone number will be included on signs so that access may be requested. · Perimeter signage identifying the Nature Sanctuaries and No Tresspassing will be installed at all points ofentryby gates. These signs will list restrictions and cite enfoming ordinances. 9 Block all known points of unauthorized vehicular access with large boulders or similarly effective barriers, and maintain as necessary. · The discharge of firearms will be restricted using signage and patrols. · Human impacts on sensitive habitats (e.g. trail use, ORV impacts, trash accumulation) will be monitored and appropriate counter measures will be . H. implemented. · Develop protocols for emergency situations. · The occurrence of human activities incompatible with the purpose and goals of this plan will be monitored. Proposals to restrict and prevent these activities, and to remedy damage, will be developed for inclusion in the annual work program. Emphasis must be placed on activities that negatively affect the habitat. Initial restrictions will include motorized.vehicles, mountain bikes, horses, and dogs. Public access will also be limited to daylight hours. Second Priority Actions: · Additional patrol or monitoring may further curtail illegal dumping and vandalism. Additional Actions:. · All utility service vehicles will be restricted to designated access roads, official Utility work, and normal business hours. · Permissible maintenance activities associated with fire protection or flood control OPerations shall be detailed in a Memorandum of Agreement (MOA) between the City of Rancho Cucumonga. SBFCD, County Fire Depadment, Open Space District Board, County Roads Department and the Army Corps of Engineers. · The Board of Directors staff shall solicit additional funding for removal of graffiti from structures, walls, boulders, etc., within the Nature Sanctuaries. · The Board of Directors shall solicit additional funding for patrols and/or security when warranted. Permissible Actions: · Volunteer and/or service-related organizations may be enlisted for the collection and disposal of trash, removal of graffiti, etc. 10 · Volunteers will be encouraged to be onsite at key times during the first few years, to inform users of appropriate activities and aid in protecting onsite resources. Volunteers and local neighborhood watch groups may assist in patrolling the Nature Sanctuaries and reporting of illegal activities to the Board of Directors. 4.1.2 Objecti~'e: Manage Public Access The management of the Nature Sanctuaries will provide for public access, by reqhest, on foot into for passive hiking and nature study in a manner that insures use levels are compatible with ,, habitat protection and conservation. First Priority actions: · Identify existing roads and trails that may have foot access. This shall not include sensitive areas used by rare and endangered species for nesting, etc. In order to discourage access to habitat used by rare, threatened and endangered species no public hiking trails will lead to or through this sensitive area and "No Trespassing" signs will be posted. · Develop and implement a system to provide a reasonable estimate of visitor use levels and activity areas. This may include visitor logs, registration box, volunteer surveys, and other appropriate methods. Should authorized passive recreational use levels reduce habitat values or impair wildlife use of key areas, further access restrictions will be implemented. This could include seasonal closures, closure of critical areas, restrictions on open days and times of day, or conversion to a docent-lead program with guided access only. These restrictions may be needed in the future should intensive urban development dramatically increase adverse human impacts to the area. Initial restrictions will include unauthorized motorized vehicles, bicycles, horses and dogs. Public access will also be limited to daylight hours. 4.1.3 Objective: Manage Easements and Roads There are a number of unimproved and unauthorized dirt roads that traverse the Nature Sanctuaries. Some of these roads function as service roads providing access to water facilities and equipment owned by the Cucamonga Water Company. The U.S. Forest Service has access roads which serve the San Bernardino National Forest. Maintenance of necessary roads will be the responsibility of the respective easement holders. All maintenance activities shall be environmentally sensitive and restricted to the roadbed. Routine maintenance activities will be limited to minimal re-grading of the road bed, and other activities as agreed. No take of listed species resulting fi.om operational use and maintenance of easements 11 is authorized. Such take can only be authorized through consultation with the appropriate wildlife agency. First Priority Actions: · The Board of Directors will work with all easement holders to identify existing legal easements that are in use and to identify easements that are not in use. Withdrawal of unused and unnecessary easements will be encouraged, and establishment of new easements will be prevented, unless established for the sole purpose of habitat conservation. · All unofficial or unnecessary roads and trails will be blocked and revegetated. Revegetation of closed roads can be passive or active as appropriate. · Keys to the Nature Sanctuary will be issued by the President of The Habitat Trust. Key holders will be reported in the annual work plan. · The Board of Directors shall coordinate with the Cucamonga Water Company regarding any proposed future expansion of water delivery system on Nature Sanctuary lands. Any expansion resulting in biological impacts in the Nature Sanctuary will be opposed by the Board and legal challenges may be pursued. Any impacts to the Nature Sanctuaries must be avoided, minimized, and mitigated to the maximum extent practicable. Additional Actions: · Maintenance of utility and/or easement roads will be the responsibility of the easement holder. All maintenance activities shall be environmentally sensitive. and restricted to the easement road. Routine maintenance activities will be restricted and limited to minimal re-grading of the road bed, use of approved weed control methods, and other activities as agreed. Any erosion of hydrological impacts caused by easement roads will require remediation by easement holders. · Efforts will be made to coordinate the activities of the SBCFCD and the Water Company in order to avoid and minimize further disturbance of habitat within and contiguous with the Nature Sanctuaries. A Memorandum of Agreement (MOA) between the Board, SBCFCD, and Water Company will be sought. Coordination will occur with the SBCFCD and the Water Company to limit service vehicles and personnel to designated service and access roads. 4.1.4 Objective: Develop and Implement a Fire Management Plan A fire management plan will be developed in coordination with the local fire districts, California Department of Forestry, the U.S. Forest Service and County Fire Department. The fire management plan will constitute an addendum to this Management Plan. Until this fire 12 management plan is adopted and approved by all of the above agencies, the following actions will be addressed in the annual work plan. First Priority Actions: · In coordination with local and State tim agencies, develop an interim fire plan directed at protecting sensitive habitats on the Nature Sanctuaries from being ' impacted by emergency fire breaks. · No camping and no campfires will be allowed within the Nature Sanctuaries. Every effort will be made to communicate the danger of fire and smoking to the authorized public visitors of the Nature Sanctuaries. Night patrols may be required if signs of campfires are detected. Additional Actions: · By means of special agreement with the City, County, and U.S. Forest Service, weed abatement and brash reduction will not be permitted within and adjacent to Nature Sanctuaries. 4.1.5 Objective: Manage the Urban Interface The Board of Directors may work with the City of Rancho Cucumonga and San Bernardino County to seek appropriate low density and open space designations for areas adjoining the Nature Sanctuaries in order to minimize the impacts of future urbanization on the habitat areas. New developments must leave an adequate buffer area to protect the Nature Sanctuaries. Such buffers must come from adjacent developing lands. In no case will Nature Sanctuaries be considered a buffer for adjoining development or an open space for an adjoining development. Maintaining continuity and linkage with other natural open space through the directed use of mitigation will be a priority. The Board of Directors may take legal action against local governments, agencies and developem if development and infrastructure projects threatened the protection and conservation of Nature Sanctuaries habitat and/or wildlife values. The occurrence of human activities incompatible with the goals of this plan will be monitored, and proposals to restrict and prevent these activities will be developed for inclusion in the annual work plans. First Priority Actions: · Signage and barricades will be installed to deter uncontrolled access into the Nature Sanctuaries. · perimeter signage identifying the Nature Sanctuaries will be installed at designated points of entry into the lands. · "No Trespassing" signage will be installed along controlled points of entry. Additional Actions: · ~he Board of Directors will coordinate with the County of San Bemardino and the City of Rancho Cucumonga to assure that any residential or other developments adjacent to or nearby the Nature Sanctuaries, or to contiguous habitat, are conditioned to include adequate set-backs, cat-proof walls, and any other appropriate protective measures. The Board of Directors may take legal actions to protect and conserve Nature Sanctuaries habitat and wildlife values. Permissible Actions: · The District Board may coordinate.occasional field trips with local schools, Chaffey College, California State University, San Bemardino, other institutions upon request of the institution or its representative. · Nominate and register the Nature Sanctuaries as a State and National Historical Landmark. 4.1.6 Objective: Manage Itydrology The vegetative diversity and structure of the creeks and washes within the Nature Sanctuaries are dependent on periodic flooding. Without this periodic hydrologic disturbance, natural succession will lead to increased vegetative cover and changes in plant composition, resulting in an overall loss of landscape-scale heterogeneity and biodiversity. The SBCFCD provides facilities for flood control and is responsible for the planning, construction, and maintenance of regional flood control facilities within San Bernardino County. The SBCFCD has flood control easements within Etiwanda Creek. The creek is large, active drainage subject to flooding. No take of listed species associated with the operation and' maintenance of these flood control facilities is authorized. Such take can only be authorized through consultation with wildlife agencies. First Priority Actions: · Any new flood activities on or affecting the Nature Sanctuaries will be limited by coordination with the SBCFCD. More precise definitions of easement grants will be sought. · The Board of Directors will coordinate with the SBCFCD to minimize any potential hydrological impacts to habitat and wildlife values. 14 · The Board of Directors shall also coordinate with the SBCFCD to minimize disturbance to alluvial scrub and other habitats during maintenance activities within flood control easements. Existing on-site washes and ravines shall be conserved to allow natural flow of water and sediment. · A plan will be developed and implemented to obtain accurate information on subsurface and surface water levels within the Nature Sanctuaries. Should additional monitoring wells, peizometers, or other techniques require physical installations that may cause ground disturbance, impacts will be minimized and .... emphasize use of existing access and disturbed areas. ,, Additional Actions: · Board of Directors shall request SBCFCD and Open Space District to incorporate preventative measures with their levees, such as fencing, gates and other barriers that restrict access into the Nature Sanctuaries. Legal actions may be taken if Districts and local governments fail to cooperate with such requests. The Board of Directors shall coordinate with SBCFCD and other responsible companies, government agencies and parties to restore habitats on Nature Sanctuary lands disturbed by the construction of any new or modified levees or other disturbances. Legal actions may be taken if Districts, local govemments or other responsible parties that fail to cooperate with such requests. 4.1.7 Objective: Control Exotic Species The introduction and invasion of exotic species of plants and animals is a threat to all habitat preserves. Each year the annual work plan will direct control measures toward exotic species determined through biological monitoring to be a threat to native species and habitats on the Preserve. First Priority Action: · Eradication of any occurrence of noxious weeds may be contracted to a qualified specialist. Noxious weeds include but are not limited to tree tobacco, caster bean, salt. cedar, cocklebur, giant reed, thistle and German ivy. Second Priority Action: · Eradication of other invasive exotic plants, particularly those occurring on the most sensitive areas on the Preserve, may be contracted to a qualified specialist. Such invasive exotic plants include mustards, Mediterranean annual grasses, etc. Permissible Action: · Brown-headed cowbird trapping may be encouraged. 15 · Eradication of exotic plants on the Nature Sanctuaries by volunteer organizations will be encouraged by the Board of Directors. 4.2 Goal: Protection of Cultural Resources Cultural resources will be identified and protected. The Board oupervisors will seek the assistaflce Gabrielino-Shoshone Nation in defining objectives and actions. 4.2.1 Objective: Manage Cultural Resources Without Interference First priority action: Coordinate with the Gabrielino-Shoshone Nation to facilitate access for ceremonial activities and to allow collection of white sage and other ceremonial mater/als, where such collection does not result in take of listed species. Encourage small-scale and sustainable collection of ceremonial mater/al while enfoming against large scale and unsustainable collection. 4.3 Goal: Monitor Biological Resources and Ecosystem Processes Management of species, habitat, and ecosystem processes is critical to maintaining the biological value of the Nature Sanctuaries. Biological monitoring involves ongoing measurement of habitat and species variables with the goal of adapting management strategies to address adverse trends. This monitoring will include vegetation surveys, and analysis, designed to quantif~ vegetation structure and species distribution and to detect changes over time. 4.3.1 Objective: Perform Regular and Scientifically Sound Biological Monitoring Sound management of the Nature Sanctuaries will require ongoing monitoring of the species, habitats, and ecosystem processes. This monitoring shall bc performed by a qualified institution or consultant which can benefit from the opportunity and also provide the required level of service. First Priority Actions: · Develop and implement a plan to monitor long term vegetation change. The plan should address vegetation monitoring for each representative habitat type, with emphasis on alluvial scrub and riparian communities. Data to be obtained will include species richness, species cover, vegetation height, riparian tree vigor, and changes in the distribution of non-native species. These data will be collected using plots, transects, and photo-points monitored at least 5-year intervals. · Lists of plant, bird mammal reptile, and amphibian species, including distributional and ecological status, will be maintained with annual updates. 16 Biological monitoring of restored habitat may be performed annually to track success criteria and provide direction for future restoration efforts. · Biological monitoring may include the preparation of onsite visit reports, annual reports on the surveyed species and habitats, and restored areas. The reports will include management recommendations for the enhancement of species, habitat, and ecosystem process on the Nature Sanctuaries. These reports will contribute to the baseline biological information available about the Nature Sanctuaries, and will provide enhancement direction toward subsequent annual work plans. Additional Actions: · The Board of Directors may solicit additional funds to conduct supplemental plant and/or wildlife surveys as needed, to conduct special research programs when warranted or take legal actions as needed. · All study proposals must be submitted to the Board of Directors for approval. ] Studies will be encouraged that add information regarding the biology of the i plants and animals that depend upon the habitats within and nearby the Nature Sanctuaries. No studies will be permitted that damage sensitive habitats. The Nature Sanctuaries are available for non-intrusive, non-manipulative scientific study by approval of requests made to the Board of Directors. No "take" of any species shall be permitted within Nature Sanctuaries, regardless if permits and approvals have been given by CDFG and USFWS. Permissible Actions: · Promote public annual surveys, such as the Audubon Christmas bird count, on the Nature Sanctuaries. 4.4 Goal: Restore Disturbed Habitats on the Preserve Restoration includes activities that improve habitat value and correct problems that degrade local and/or overall habitat value. This is accomplished by returning pre-disturbance vegetation structure and function to disturbed areas. 4.4.1 Objective: Develop and Implement Restoration Plans First Priority Actions: · Identify and prioritize areas that would benefit from restoration, revegetation, and erosion control. Emphasis will be placed on restoration efforts that can be feasibly implemented using available techniques. · Develop and implement specific restoration plans and success criteria for key habitat within disturbed areas within the Nature Sanctuaries. It is anticipated that 17 restoration efforts may be implemented in small scale projects phased, over time. l~ipping should only be performed on surfaces where compaction is preventing natural re-colonization. All restoration will be performed under the guidance of a restoration ecologist, and utilize only seeds and/or cuttings collected fi.om the Etiwanda alluvial fan complex. All restored areas may be monitored annually to assess success criteria and provide direction to future restoration projects. · Identify and implement erosion control measures at critical sites, pa_nicularly at ~. locations where there is potential for damage to expand. Second Priority Action: Removal of exotic species and other remediation of restoration areas will be performed as needed to meet success criteria. Additional Action: The Board of Directors may solicit funding for restoration of alluvial scrub habitat and others as needed. Permissible Action: · The District Board may coordinate volunteer and/or service related organizations to assist in restoration projects within the Nature Sanctuaries. · Experimentally based restoration of areas dominated by non-native grasslands may be implemented with outside funding and expertise. Such restoration efforts through academic research, or off-site mitigation will be encouraged. 4.5 Goal: Develop and maintain an Informational Database A thorough, well-organized, and accessible database of biological and land use information is a vital tool for Nature Sanctuary management. The database will be initiated as part of the first annual work plan, and will be updated and compiled annually. 4.5.1 Objective: Identify Baseline Habitat Values and Site Conditions This portion of the database is directed toward aiding planning and long-term monitoring efforts through development of a GIS database and other technical information sources. This database should be compiled prior to implementation of major pro-active management activities. First Priority Actions: · Develop map-based inventories and data of existing conditions and resources. 18 · Data layers to be obtained include: baseline topography, baseline aerial photograph, streams, washes, floodplains, vegetation polygons, localities of rare species, localities of noxious weeds, restoration areas, existing road system, access points, trash problem areas, easements, structural improvements, and adjacent parcel maps. Develop and implement a plan to create a baseline vegetation map using currently accepted, floristically based, classification schemes. · Utilize global positioning system (GPS) to locate and map property comers, key features, permanent vegetation plots, etc. · Obtain a new color aerial photograph of the Nature Sanctuaries every five years to aid in tracking long-term changes in vegetation and other site conditions. These photographs should be of fine resolution. For GIS purposes, these photographs should be as ordered as ortho-rectified digital imagery. Permissible Action: · Promote the database to geography programs at local colleges and universities with educational programs in GIS. Student GIS projects related to the Nature Sanctuary may be encouraged. 5.1 Amendments and Addendums to the Management Plan This Management Plan may, by vote of the Board of Directors, be amended or receive addenda, provided such changes are consistent with the conservation purposes. 5.2 Availability of Funds Implementation of this Management Plan by The Habitat Trust is subject to the availability of appropriated funds and/or endowments. Date: October 8, 2003 Leeona Klippstein, President The Habitat Trust for Wildlife 19 THE HABITAT TRUST FOR WILDLIFE NATURE SANCTUARY MONITORING REPORT Thank you for your assistance in monitoring the North Etiwanda Nature Sanctuaries of The Habitat Trust. Please fill out the report form to the best of your abilities and return the report as soon as possible to; ~ The Habitat Trust for Wildlife ATTN.: Marlene Trunnell, Secretary 30 North Raymond Avenue, Suite 303 Pasadena, CA 91103 REPORTER NAME DATE TIME AM/PM AFFILIATION/ORGANIZATION QUALIFICATIONS LOCATION (Upper East Etiwanda Watershed) (Falls) (Lower East Etiwanda Creek) (East Etiwanda Canyon) (Between Etiwanda & Henderson Canyons) (Upper Henderson Watershed) (Henderson Canyon) OTHER WEATHER CONDITIONS VIOLATION/S Dumping (observed and/or evidence) Explain Motorized Vehicle/s (observed and/or evidence) Explain Equestrian (observed and/or evidence) Explain SIGNAGE - Where Signs Posted? Removed? Shot Up? Replaced? REPORTERS CONTACT INFORMATION E-MAIL PHONE ( ). ZIP ADDRESS -~ : , · THE HABITAT TRUST FOR WILDLIFE NATURE SANCTUARY MONITORKNG_REI'ORT OTHER (If you need more writing room, please use the back of the page. Thank you.) THE HABITAT TRUST FOR V~ILDLIFE NATURE SANCTUARY MONITORING REP_Q_RT - SPECIES LIST If you do not know the name ora species or are not absolutely sure --- PLEASE DESCRIBE THE SPECIES TO THE BEST OF YOUR ABILITIES and HOW MANY OF THE SAME SPECIES WERE SEEN 'TOGETHER including the approximate location within or adjacent to the Nature Sanctuary. Thank you. FISH # SEEN NOTES Arroyo chub Observed Santa Aha speckled dace Observed Santa Aha sucker Observed AMPHIBIANS Arroyo southwestern toad Observed Coast range newt Observed California Legless lizard Observed California red-legged frog Observed Mountain yellow-legged flog Observed Western spade-foot toad Observed Western skink Observed Yellow-blotched salamander Observed REPTILES Coast Patch-nosed snake Observed Coastal Rosy boa Observed Coastal western whiptail Observed Collared Lizard Observed Night snake Observed Orange throated whiptail lizard Observed San Diego banded gecko Observed San Diego homed lizard Observed San Bernardino mountain king snake Observed San Bemardino ring-neck snake Observed Southern Alligator lizard. Observed Two-striped garter snake Observed Western Yellowbelly Racer snake Observed Spiny Blue Granite Lizard Observed THE HABITAT TRUST FOR WILDLIFE NATURE SANCTUARY MONITORING REPORT - SPECIES LIST BIRDS # SEEN NOTES Acorn Woodpecker Observed American Goldfinch Observed . American Kestrel Observed Anna's Hummingbird Observed Ash-throated Flycatcher Observed Ashy mfous-erowned sparrow Observed Band-tailed Pigeon Observed Barn Owl Observed Barn Swallow Observed Bell's sage sparrow Observed Belted Kingfisher Observed Bewick's Wren Observed Black-chinned Hummingbird Observed Black-chinned Sparrow Observed Black-headed Grosbeak Observed Black Phoebe Observed Black shouldered Kite Observed Black Throated, Gray Warbler Observed Blue-gray Gnatcatcher Observed Blue Grosbeak Observed Brewer's Blackbird Observed Brewer's Sparrow Observed Burrowing owl Observed Cactus wren Observed California Gnatcateher Observed California Thrasher Observed Caiifomia Towhee Observed California Quail Observed Canyon Wren Observed Cassin's Kingbird Observed Cedar Waxwing Observed THE HABITAT TRUST FOR WILDLIFE NATURE SANCTUARY MONITORING REPORT - SPECIES LIS BIRDS (continued) # SEEN NOTES Chipping sparrow Observed Cliff Swallow Observed Common Bushtit Observed Common Crow Observed Common Raven Observed Common Snipe Observed Cooper's hawk Observed Costa's Hummingbird Observed Dark-eyed Junco Observed Dipper Observed Downy Woodpecker Observed Dusky Flycatcher Observed Ferruginous Hawk Observed Golden-crowned Sparrow Observed Golden eagle Observed Great Blue Heron Observed Great homed Owl Observed Greater Roadrunner Observed Hairy Woodpecker Observed Hammond's Flycatcher Observed Hermit Thrush Observed Hooded Oriole Observed Homed lark Observed House Finch Observed House Sparrow Observed House Wren Observed Hutton's Vireo Observed Killdeer Observed Lark Sparrow Observed ~ Lazuli Bunting Observed ~. Least Bell's Vireo Observed THE HABITAT TRUST FOR WILDLIFE NATURE SANCTUARY MONITORING REP-ORT~ S. PECIES LIST BIRDS (continued) # SEEN NOTES Lesser Goldfinch Observed Lesser Nighthawk Observed Loggerhead shrike Observed Long-eared owl Observed Mallard Duck 0bsexved Mockingbird Observed Mountain Chickadee Observed Mountain quail Observed Mourning Dove Observed Nashville Warbler Observed Northern Flicker Observed Northern harder Observed Northern Oriole Observed Nuttall's Woodpecker Observed Oak Titmouse Observed Olive-sided Flycatcher Observed Orange-crowned Warbler Observed Pacific Slope Flycatcher Observed Peregrine Falcon Observed Phainopepla Observed Pine Siskin Observed Poorwill Observed Prairie Falcon Observed .'ii! Red-breasted Sapsucker Observed Red-tailed Hawk Observed Robin Observed Rock Dove Observed Rock Wren Observed Rough winged Swallow Observed Ruby-crowned Kinglet Observed Rufous-crowned Sparrow Observed Rufous Hummingbird Observed THE HABITAT TRUST FOR WILDLIFE - NATURE SANCTUARY MONITORING RE~OI~T: SPECIES LIST BIRDS (continued) # SEEN NOTES Say's Phoebe Observed Scrub Jay/Blue Jay Observed Sharp-shinned hawk Observed Short-eared Owl Observed Song Sparrow Observed Sora Rail Observed Southwestern Willow flycatcher Observed Spotted Towhee Observed Steller's Jay Observed Turkey Vulture Observed Vaux's swift Observed Vesper Sparrow Observed Violet-green Swallow Observed Warbling Vireo Observed Western Bluebird Observed Westem Kingbird Observed Western Meadowlark Observed Western Screech Owl Observed Western Tanager Observed Western wood Peewee Observed White-breasted Nuthatch Observed White-crowned Sparrow Observed White-throated Swift Observed Wilson's Warbler Observed Wrentit Observed Yellow Warbler Observed Yellow-rumped Warbler Observed Yellowthroat Warbler Observed Brown-headed Cowbird (non-native) Observed European Starling (non-native) Observed THE HABITAT TRUST FOR WILDLIFE NATURE SANCTUARY MONITORING REPORT - SPECIES LIST MAMMALS # SEEN NOTES American badger Observed ._. Black bear Observed Bobcat Observed · Coyote Observed Grey Fox Observed Los Angeles pocket mouse Observed Mountain lion Observed Mule Deer Observed Pallid bat Observed Ringtall cat Observed San Bernardino kangaroo rat Observed San Diego black-tailed jackrabbit Observed San Diego desert woodrat Observed San Diego pocket mouse Observed Southern grasshopper mouse Observed Stcphen's kangaroo rat Observed Townsend's big-eared bat Observed Yuma myotis Observed PLANTS Ashy spike-moss Observed California androsace Observed California muhly Observed Many-stemmed dudleya Observed Nevin's barberry Observed Orabanchi Observed Pan'y's spineflower Observed Pious daisy Observed Plmnmer's baccharis Observed Plummer's mariposa lily Observed Rock monardella Observed Slender-homed spineflower Observed ,%nthem California black walnut Observed THE HABITAT TRUST FOR WILDLIFE NATURE SANCTUARY MONITORING _R~_PO_~RT - SPECIES LIST OTHER SPECIES # SEEN NOTES Kenneth Shawn Smallwood Curriculum Vitae 109 Luz Place Bom May 3, 1963 in Davis, CA 95616 Sacramento, California. Phone (530) 756-4598 Married, father of two children. puma@davis.corn Affiliations: BioResource Consultants Consulting in the Public Interest, www.cipi.com Biological Sciences Department, California State University, Sacramento Disciplines: Wildlife, ecosystem and landscape ecology; conservation biology; sampling methods and systems analysis; agricultural ecology, animal damage management. Education: Ph.D. Ecology, U~iversity of California, Davis. September 1990. M.S. Ecology, University of California, Davis. June 1987. B.S. Anthropology, University of California, Davis. June 1985. Coreoran High School, Coreoran, California. June 1981. Experience: · 177 professional publications, including: · 49 peer reviewed publications · 22 in non-peer reviewed professional outlets · 97 reports and declarations · 8 in mass media outlets · 2 book reviews · 58 public presentations of research results at professional meetings · 67 papers reviewed by me for professional publications Consulting Ecologist, 7/04 to present, California Energy Commission (CEC). In collaboration with Lawrence-Livermore National Lab, I perform independent research funded by the CEC on bird behavior in the Altamont Pass Wind Resources Area. I also provide consulting services as needed to ~he CEC. Part-time Faculty, 1/98 to present, California State University, Sacramento. I have taught Contemporary Environmehtal Issues, Natural Resources Conservation, Mammalogy, Behavioral Ecology, and Ornithology Lab. Senior Ecologist, 1999 to present, BioResource Consultants. 'I plan research and monitoring projects, perform fieldwork, and analyze complex data related to avian fatalities at wind turbines, avian electrocutions on electric distribution poles across California, and avian fatalities at transmission lines. Systems Ecologist, 7/96 to present, Consulting in the Public Interest. I am part of a multi-disciplinary consortium of scientists who facilitate large-scale, environmental planning projects and litigation. We provide risk assessments, assessments of management practices, and expert witness testimony. Smallwood CV 2 Chairman, Conservation Affairs Committee, The Wildlife Society-Western Section, 1999-2001. Systems Ecologist, 1/95 to present, Institute for Sustainable Development. I head ISD's program on integrated resources management. I develop indicators of ecological integrity for large areas, using remotely sensed data, local co .mmunity involvement and GIS. Associate, 1997-1998, Department of Agronomy and Range Science, University of California, Davis. Associate Editor, Journal of Wildlife Management, duties begin March 2004. Editorial Board Member, Environmental Management, 10/99 to present. Editorial Board Member, Ecosystem Health, 9/02 to present. Lead Scientist, 6/96 to 6/99, National Endangered Species Network. I headed NESN's efforts to inform academic scientists and environmental activists about emerging issues regarding the Endangered Species Act and other environmental laws pertaining to legally rare species. I also testified at public hearings on behalf of environmental groups and endangered species. I Ecologist, 1/97 to 6/98, Western Foundation of Vertebrate Zoology. I conducted field research to determine ' thl- impact of past mercu~ mining on the status of red-legged frogs in Santa Clara County, California. Associate Editor, Biological Conservation, 9/94 to 9/95. Administered independent scientific reviews of submitted, professional papers in ecology and conservation biology, and made recommendations to the Editors. Senior Systems Ecologist, 7/94 to 12/95, EIP Associates, Sacramento, California. Provided consulting services in environmental planning. I also developed a quantitative assessment of land units for their conservation and restoration opportunities, using the ecological resource requirements of 29 legally rare species. I mapped vegetation and land use, and derived new spatial data from a GIS overlay of these variables with soil.types, flood zones, roads, and other spatially referenced data. Using these derived data, I developed a set of indicators for prioritizing areas within Yolo County that will receive mitigation funds for habitat easements and restoration. Post-Graduate Researcher, 10/90 to 6/94, with Dr. Shu Geng, Department of Agronomy and Range Science, U.C. Davis. Studied landscape and management effects on temporal and spatial patterns of abundance among pocket gophers and species of Falconiformes and Carnivora in the Sacramento Valley. I also developed and analyzed a data base of energy use in California agriculture, and I assisted with a landscape (GIS) study of groundwater contamination across Tulare County, California. Co-teacher, 1/91 to 6/91 and 1/93 to 6/93, Graduate Group in Ecology, U.C. Davis. Co-taught conservation biology with Dr. Christine Schonewald. Reader, 3/90 to 6/90, Department of Psychology, U.C. Davis. Assisted students of Psychobiology (taught by Dr. Richard Coss) with research and writing term papers. Research Assistant, 11/88 to 9/90, with Dr. Walter E. Howard, Department of Wildlife and Fisheries Biology, U.C. Davis. Tested durable baits for pocket gopher control in forest plantations, and developed gopher sampling methods. Smallwood CV 3 Fulbright Research Fellow, Indonesia, 7/88 to 11/88. Tested use of new sampling methods for monitoring the number of Sumatran tigers and six other species of endemic felids, and evaluated methods used by other researchers. Research Assistant, 7/87 to 6/88, with Dr. Ten'ell P. Salmon, Wildlife Extension, Department of Wildlife and Fisheries Biology, U.C. Dayis. Developed empirical models of mammal and bii'd invasions in North America, and a rating system for priority research and control of exotic species based on economic, ~nvironmental, and human health hazards in California. Student ~ssistant, 3/85 to 6/87, with Dr. E. Lee Fitzhugh, Wildlife Extension, Department of Wildlife and Fisheries Biology, U.C. Davis. Developed and implemented a statewide mountain lion track count for long-term monitoring of numbers and distribution. Also developed quantitative techniques to identify individual mountain lions by their tracks, and to differentiate mountain lion and dog tracks. Projects Expert Testimony and Declarations on Residential and Commercial Development Proposals. 1 have testified before the California Coastal Commission, California Energy Commission, County Boards of Su~ecv!sors, and City Councils, and I have participated with press conferences and have been deposed by, attorneys. I prepared expert witness reports and court declarations, which are summarized under R!ports (below). Expert Testimony on Proposed Gas-fired Power Plants. I provided comments letters, declarations, expert reports, and oral testimony on the impacts and appropriate mitigation of natural gas-fired power plants in California. Protocol-level endangered species searches and recovery efforts. I search for special-status species using Department offish and Game and US Fish and Wildlife Service protocols. 1 have searched for, or otherwise worked with, California red-legged frog, arroyo southwestern toad, California tiger salamander, blunt-nosed leopard lizard, western pond turtle, giant kangaroo rat, Fresno kangaroo rat, San Joaquin kit fox, Sumatran tiger, willow flycatcher, least Bell's vireo, western burrowing owl, Swainson's hawk, Valley elderberry longhorn beetle and many other special-status species. I also help with recovery of the Fresno kangaroo rat at Lemoore Naval Air Station. Conservation of the endangered Fresno kangaroo rat. I am performing applied research to identify the factors responsible for the decline of this endangered species at Lemoore Naval Air Station, and am implementing habitat enhancements designed to reverse the trend and to expand the area occupied by this species. Workshops on HCPs. Assisted Dr. Michael Morrison with organizing and conducting a 2-day workshop on Habitat Conservation Plans, sponsored by Southern California Edison, and another 1-day workshop sponsored by PG&E. These Workshops were attended by academics, attorneys, and consultants with HCP experience. We guest-edited a Proceedings published in Environmental Management. Research to reduce avian mortality due to wind turbines at Altamont Pass. I am using GPS and GIS to map and study environmental impacts of several thousand wind turbines. I am relating the number of raptor fatalities at wind turbines to the degree of aggregation of prey species around the turbines, as well as many other factors related to where the turbines are located, how they are designed and operated, and how raptors behave at Altamont Pass. Mapping of biological resources along Highways 101, 46 and 41. I used GPS and GIS to delineate vegetation complexes and locations of special-status species along 26 miles of highway in San Luis Smallwood CV ' 4 Obispo County, 14 miles:of highway and roadway in Monterey County, and in a large area north of Fresno, including within reclaimed gravel mining pits. GPS mapping and monitorlnff at restoration sites and at Caltrans mitigation sites. I am monitoring the success of elderberry shrubs at one location, the success of willows at another location, and the response of wildlife to the ~uccession of vegetation at both these sits. I am also using CPS to monitor the response of fossorial animals to yellow star-thistle eradication and natural grassland restoration efforts at Bear Valley, Colusa County, and at the decommissioned Mather Air Force Base in Sacramento County. Mercu~ effects on Red-leaaed Froa. I assisted Dr. Michael Morrison and US Fish and Wildlife Service in assessing the possible impacts of historical mercury mining on the federally listed California red-legged frog in Santa Clara County. I also measured habitat variables in numerous streams. Opposition to proposed No Surprises rule. I wrote a white paper and summary letter explaining scientific grounds for opposing the incidental take permit (rFP) rules providing rFP applicants and holders with general assurances they will be free of compliance with the Endangered Species Act once they adhere to the terms of a "properly functioning HCP." I obiained 188 signatures of scientists and environmental professionals on the letter submitted to the US Fish and Wildlife Service and the National Marine Fisheries Service. The letter was also provided to all US Senators. It helped change the prevailing view of HCPs as beneficial to listed species. Natomas Basin Habitat Conservation Plan alternative. I designed narrow channel marsh to increase the likelihood of survival and recovery in the wild of giant garter snake, Swainson's hawk and Valley Elderberry Longhorn Beetle. The design included replication and interspersion of treatments for experimental testing of critical habitat elements. I provided a report to Northern Territories, Inc. Cook et al. v. Rockwell International et al., No. 90-K-181 (D. Colorado). I am providing expert testimony on the role of burrowing animals in affecting the fate of buried and surface-deposited radioactive and hazardous chemical wastes at the Rocky Flats Plant, Colorado. I provided expert reports based on four site visits and the most extensive document review of burrowing animals ever conducted. I conducted transect surveys for evidence of burrowing animals and other wildlife on and around waste facilities. I also discovered substantial intrusion of waste structures by burrowing animals. Hanford Nuclear Reservation Litigation. I am providing expert testimony on the role of burrowing animals in affecting the fate of buried radioactive wastes at the Hanford Nuclear Reservation, Washington. I provided three expert reports based on three site visits and extensive document review. I predicted and verified a certain population density of pocket gophers on buried waste structures, as well as, incidence of radionuclide contamination in body tissue. I conducted transect surveys for evidence of burrowing animals and other wildlife on and around waste facilities. I also discovered substantial intrusion of waste structures by burrowing animals. Assessment of Environmental Technology Transfer to China, and Assessment of Agricultural Production System. I twice traveled to China and interviewed scientists, industrialists, agriculturalists, and the Directors of the Chinese Environmental Protection Agency and the Department of Agriculture to assess the need and possible pathways for environmental clean-up technologies and trade opportunities between the US and China. I spent a total of five weeks in China, including in Shandong and Linxion Provinces and in Beijing. Yolo County Habitat Conservation Plan. I cOnducted the landscape ecology study of Yolo County to identify the priority land units to receive mitigation so as to most improve the ecosystem functionality within the County from the perspective of 29 special-status species of wildlife and plants. I used a hierarchically structured indicators approach to apply principles of landscape and ecosystem ecology, .Z. 6 Smallwood CV 5 conservation biology, and local values in rating land units. I derived GIS maps to help guide the conservation area design, and then I developed implementation strategies. Mountain Lion Track Count. I developed and conducted the camivorc monitoring program throughout California since 1985. Species counted include mountain lion, bobcat, black bear, coyote, red and gray fox, raccoon, striped skunk, badger, and black-tailed deer. Vegetation and land use arc also monitored. The transect was established on dusty, dirt roads within randomly selected quadrats. These roads arc searched for ti~acks of the camivorcs, which routinely use the roads for travel paths. Sumatran Tiger and other Felids. I designed and conducted track counts for seven species of wild cats in Sumatra, including the Sumatran tiger, fishing cat, and golden cat. I spent four months on Sumatra and Java, ~nc[leamed Bahasa Indonesia (the official Indonesian language). I was awarded a Fulbright Research Fellowship to complete the project. Wildlife in A~. Beginning as my post-graduate research, 1 have studied pocket gophers and other wildlife in 40 alfalfa fields throughout the Sacramento Valley, and I surveyed for wildlife along a 200 mile road transect for six years. The data were analyzed using GIS and methods from landscape ecology, and the results were published and presented orally to farming groups in California and elsewhere. I also conducted the first study of wildlife in cover crops used on vineyards and orchards. Agricultural Energy Use and Tulare County Groundwater Study. I developed and analyzed a data base of energy use in California agriculture, and collaborated on a landscape (GIS) study of groundwater contamination across Tularc County, California. Pocket Gopher Damage in Forest Clearcuts. I tested various poison baits and baiting regimes for pocket gopher control in forest plantations, and I developed gopher sampling methods. I conducted the most extensive field study of pocket gophers ever, involving thousands of gophers in 68 research plots on 55 clearcuta among 6 National Forests in northern California. Risk Assessment of Exotic Si~ecies in North America. I developed empirical models of mammal and bird species invasions in North America, as well as a rating system for assigning priority research and control to exotic species in California, based on economic, environmental, and human health hazards. Smallwood CV 6 Representative Clients Law offices and environmental groups Government agencies Law Offices .of Berger &'Montague US Department of Agriculture Law Officeslof Roy Haber US Forest Service Law Offlces~of Edward MacDonald US Fish & Wildlife Service Law Office of John Gabrielli US Navy Law Office of Bill Kopper California Energy Commission Law Office of Donald B. Mooney California Department ofFish & Game California Wildlife Federation California Department of Transportation Defenders of Wildlife California Department of Forestry Sierra Club California Department of Food & Agriculture National Endangered Species Network Ventura County Counsel Spirit of th,e Sage Council County of Yolo The Humane Society Tahoe Regional Planning Agency Hagens Be~'man LLP Sustainable Agriculture Research & Education Program Enwronmo~ntal Protection Information Center (EPIC) Goldberg, ~amin & Garvin, Attorneys at Law Californians for Renewable Energy (CARE) Seatuck Environmental Association ~usinesses Other organizations and Individuals Pacific Gas & Electric Co. Don & LaNelle Silverstien Southern California Edison Co. Seventh Day Adventist Church Georgia-Pacific Timber Co. Escuela de la Raza Unida Northern Territories Inc. Susan Pelican and Howard Beeman National Renewable Energy Lab Residents Against Inconsistent Development, Inc. David Magney Environmental Consulting Bob Sarvey Wildlife History Foundation Mike Boyd Emerald Farms Hillcroft Neighborhood Fund Terry Preston, Wildlife Ecology Research Center Joint Labor Management Committee of the Retail Food Industry G3 Energy Lisa Rocca Kevin Jackson Smallwood CV 7 Representative special-status species experience Common name Species name Status~ Description Field experience California red-legged frog Rana aurora draytonii FT, CSC Protocol searches & detected at multiple si Foothill yellow-legged frog Rana boylii FSC, CSC Research and search detections Western spadefoot Spea hammondii FSC, CSC Searches and search detections California tiger salarnalider Ambystoma californiense FC, CSC Protocol searches & detected in Monterey Coast range newt Taricha torosa torosa CSC Searches and multiple detections Blunt-nosed leopard lizard Gambelia sila FE, CE Detected in San Luis Obispo County California Horned Lizard Phrynosoma coronatum FSC, CSC Search and detected in San Luis Obispo Ce frontale Western pond turtle Clemmys marmorata FSC, CSC Searches and detected at multiple sites San Joaquin kit fox Vulpes macrotis mutica FE, CT Protocol searches and detections Sumatran tiger Panthera tigris Research in Sumatra Mountain lion Puma concolor californicus (dlq' Research and publications Point Arena mountain beaver Aplodontia rufa nigra FE, CSC Remote camera operation Giant kangaroo rat Dipodomys ingens FE, CE Detected in Cholame Valley Fresno kangaroo rat Dipodomys nitratoides FE, CE Research and conservation at Lemoore Na Air Station -- reports Monterey dusky-footed Neotomafuscipes luciana FSC, CSC Captures and mapping of dens woodrat Salinas harvest mouse Reithrodontomys megalotus G5TISI Captures in the Salinas area distichlus California clapper rail Rallus longirostris FE, CE Surveys at Concord Naval Weapons Static Golden eagle Aquila chrysaetos CSC Research in Sacramento Valley Swainson's hawk Buteo swainsoni CT Research in Sacramento Valley Northern harrier Circus cyaeneus CSC Research and p~blication White-tailed kite Elanus leucurus CFP Research and publication Loggerhead shrike Lanius ludovicianus FSC, CSC Research in Sacramento Valley Least Bell's vireo Vireo belliipusillus FE, CE Detected in Monterey County Willow flycatcher Empidonax traillii extimus FE, CE Research at breeding sites in high Sierra Nevada Burrowing owl Athene cunicularia hypugia FSC, CSC Research at rnultiple locations Valley elderberry longhorn Desmocerus californicus FT Research on mitigation site in Central Val beetle dimorphus publication Analytical Arroyo southwestern toad Bufo microscaphus FE, CSC Research and report. californicus Giant garter snake Thamnophis gigas FT, CE Research and publication. Northern goshawk Accipiter gentilis FSC, CSC Research and publication. Northern spotted owl Strix occidentalis FT Research and reports. Publication in prog I lEE = Federal Endangered, FT = Federal threatened, FC = Federal candidate for listing, FSC = Federal species of concern, CE = California Endangered, CT = California threatened, CFP = California Fully Protected, CSC = California Species of Concern, G5TISI = CNDDB rating of imperiled throughout California range. Smallwood C¥ 8 Peer Reviewed Publications: Cain, J. W. III, K. S. Smallwood, M. L. Morrison, and H. L. Loffiand. 2005. Influence of mammal activity on nesting success of Passerines. J. Wildlife Management, In press. Smallwood, K.S. 2002. Habitat models based on numerical comparisons. Pages 83-95 in Predicting species occurrences: Issues of scale and accuracy, I. M. Scott, P. J. Hegluod, M. Morrison, M. Raphael, J. Haufler, and B. Wall, editors. Island Press, Cov¢llo, California. Morriso~, M. L., K. S. Smallwood, and L. S. Hall. 2002. Creating habitat through plant relocation: Lessons from Valley elderberry longhorn beetle mitigation. Ecological Restoration 21: 95-100. Zhang, M., K. S. Smallwood, and E. Anderson. 2002. Relating indicators of ecological health and integrity to assess risks to sustainable agriculture and native biota. Pages 757-768 in D.J. Rapport, W.L. Lasley, D.E. Rolston, N.O. Nielsen, C.O. Qualset, and A.B. Damania (eds.), Managing for Healthy Ecosystems, Lewis Publishers, Boca Raton, Florida USA. Wilcox, B. A., K. S. Smallwood, and J. A. Kahn. 2002. Toward a forest Capital Index. Pages 285-298 in D.J. Rapport, W.L. Lasley, D.E. Rolston, N.O. Nielsen, C.O. Qualset, and A.B. Damania (ods.), M~naging for Healthy Ecosystems, Lewis Publishers, Boca Raton, Florida USA. small ~wood, K.S. 2001. The allometry of density within the space used by populations of Mammalian Carnivores. Canadian Journal of Zoology 79:1634-1640. Smallw°od, K.S., and T.R. Smith. 2001. Study design and interpretation of Sorex density estimates. Annales Zoologi Fennici 38:141-161. Smallwood, K.S., A. Gonzales, T. Smith, E. West, C. Hawkins, E. Stitt, C. Keckler, C. Bailey, and K. Brown. 2001. Suggested standards for science applied to conservation issues. Transactions of the Western Section of the Wildlife Society 36:40-49. Geng, S., Yixing Zhou, Minghua Zhang, and K. Shawn Smallwood. 2001. A Sustainable Agro-ecological Solution to Water Shortage in North China Plain (Huabei Plain). Environmental Planning and Management 44: 345-355. Smallwood, K. Shawn, Lourdes Rugge, Stacia Hoover, Michael L. Morrison, Carl Thelander. 2001. Intra- and inter-turbine string comparison of fatalities to animal burrow densities at Altamont Pass. Pages 23- 37 in S. S. Schwartz, ed., Proceedings of the National Avian-Wind Power Planning Meeting IV. RESOLVE, Inc., Washington, D.C. Smallwood, K.S., S. Geng, and M. Zhang. 2001. Comparing pocket gopher (Thomomys bottae) density in alfalfa stands to assess management and conservation goals in northern California. Agriculture, Ecosystems & Environment 87: 93-109. Smallwood, K. S. 2001. Linking habitat restoration to meaningful units of animal demography. Restoration Ecology 9:253-261. Smallwood, K.S. 2000. A crosswalk from the Endangered Species Act to the HCP Handbook and real HCPs. Environmental Management 26, Supplement 1:23-35. Smallwood, K.S., J. Beyea and M. Morrison. 1999. Using the best scientific data for endangered species conservation. Environmental Management 24:421-435. Smallwood CV 9 Smallwood, K.S. 1999. Scale domains of abundance among species of Mammalian Carnivora. Environmental~ Conservation 26:102-111. Smallwood, K.S. 1999. Suggested study attributes for making useful population density estimates. Transactions of the Western Section of the Wildlife Society 35: 76-82. Smallwood, K.S. and M.L. Morrison. 1999. Estimating burrow volume and excavation rate of pocket gophers (Geomyidae). Southwestern Naturalist 44:173-183. Smallwood, K.S. and M.L. Morrison. 1999. Spatial scaling of pocket gopher (Geotnyidae) density. Southwestern Naturalist 44:73-82. Smallwood, K.S. 1999. Abating pocket gophers (Thomomys spp.) to regenerate forests in clearcuts. Environmental Conservation 26:59-65. Smallw°od, K.S. 1998. Patterns of black bear abundance. Transactions of the Western Section of the Wildlife Society 34:32-38. Smallwood, K.S. 1998. On the evidence needed for listing northern goshawks (Accipter gentilis) under the Endangered Species Act: a reply to Kennedy. J. Raptor Research 32:323-329. Smallwood, K.S., B. Wilcox, R. Leidy, and K. Yarris. 1998. Indicators assessment for Habitat Conservation Plan of Yolo County, California, USA. Environmental Management 22: 94%958. Smallwood, K.S., M.L. Morfison, and J. Beyea. 1998. Animal burrowing attributes affecting hazardous waste management. Environmental Management 22: 831-847. Smallwood, K.S, and C.M. Schonewald. 1998. Study design and interpretation for mammalian carnivore density estimates. Oecologia 113:474-491. Zhang, M., S. Geng, and K.S. Smallwood. 1998. Nitrate contamination in groundwater of Tulare County, California. Ambio 27(3): 170-174. Smallwood, K.S. and M.L. Morrison. 1997. Animal burrowing in the waste management zone of Hartford Nuclear Reservation. Proceedings of the Western Section of the Wildlife Society Meeting 33:88-97. Mordson, M.L., K.S. Smallwood, and J. Beyea. 1997. Monitoring the dispersal of contaminants by wildlife at nuclear weapons production and waste storage facilities. The Environmentalist 17:289-295. Smallwood, K.S. 1997. Interpreting puma (Puma concolor) density estimates for theory and management. Environmental Conservation 24(3):283-289. Smallwood, K.S. 1997. Managing vertebrates in cover crops: a first study. American Journal of Alternative Agriculture 11:155-160. Smallwood, K.S. and S. Geng. 1997. Multi-scale influences of gophers on alfalfa yield and quality. Field Crops Reseamh 49:159-168. Smallwood, K.S. and C. Schonewald. 1996. Scaling population density and spatial pattern for terrestrial, mammalian carnivores. Oecologia 105:329-335. Sm~llwood C'V 10 Smallwood, K.S., G. Jones, and C. Schonewald. 1996. Spatial scaling of allometry for terrestrial, mammalian carnivores. Oecologia 107:588-594. Van Vuren, D. and K.S. Smallwood. 1996. Ecological management of vertebrate pests in agricultural systems. Biological Agriculture and Horticulture 13:41-64. Smallwood, K.S., B.J. Nakamoto, and S. Geng. 1996. Association analysis of raptors on an agricultural landscape. Pages 177-190 in D.M. Bird, D.E. Varland, and J.J. Negro, eds., Raptors in human landscapes. Academic Press, London. Erichsen, A.L., K.S. Smallwood, A.M. Commandatore, D.M. Fry, and B. Wilson. 1996. White-tailed Kite movemefi't and nesting patterns in an agricultural landscape. Pages 166-176 in D.M. Bird, D.E. Varland, ,, and J.J. Negro, eds., Raptors in human landscapes. Academic Press, London. Smallwood, K.S. 1995. Scaling Swainson's hawk population density for assessing habitat-use across an agricultural landscape. J. Raptor Research 29:172-178. Smallwood, K.S. and W.A. Erickson. 1995. Estimating gopher populations and their abatement in forest plantations. Forest Science 41:284-296. Smallwood, K.S. and E.L. Fitzhugh. 1995. A track count for estimating mountain lion Fells concolor californica population trend. Biological Conservation 71:251-259 Smallwood, K.S. 1994. Site invasibility by exotic birds and mammals. Biological Conservation 69:251- 259. Smallwood, K.S. 1994. Trends in California mountain lion populations. Southwestern Naturalist 39:67-72. Smallwood, K.S. 1993. Understanding ecological pattern and process by assdciation and order. Acta Oecologica 14(3):443-462. Smallwood, K.S. and E.L. Fitzhugh. 1993. A rigorous technique for identifying individual mountain lions Fells concolor by their tracks. Biological Conservation 65:51-59. Smallwood, K.S. 1993. Mountain lion vocalizations and hunting behavior. The Southwestern Naturalist 38:65-67. Smallwood, K.S. and T.P. Salmon. 1992. A rating system for potential exotic vertebrate pests. Biological Conservation 62:149-159. Smallwood, K.S. 1990. Turbulence and the ecology of invading species. Ph.D. Thesis, University of California, Davis. Peer-reviewed Reports Smallwood, K. S. and C. Thelander. 2004. Developing methods to reduce bird mortality in the Altamont Pass Wind Resource Area. Final Report to the California Energy Commission, Public Interest Energy Research - Environmental Area, Contract No. 500-01-019. Sacramento, California. 531 pp. Smallwood, K. S. and C. Thelander. 2004. Bird mortality at the Altamont Pass Wind Resource Area, March 1998 - September 2001 Final Report. National Renewable Energy Laboratory, Golden, Colorado. Draft submitted for review. Smallwood CV 11 Thelander, C.G.S. Smallwood, and L. Rugge. 2003. Bird risk behaviors and fatalities at the AItamont Pass Wind Resource Area. Period of Performance: March 1998--December 2000. National Renewable Energy Laboratory, NREL/SR-500-33829. U.S. Department of Commerce, National Technical Information Service, Springfiel~l, Virginia. Theland~r, C.G.S. Smallwood, and L. Rugge. 2001. Bird risk behaviors and fatalities at the AItamont Wind Resource Area - a progress report. Proceedings of the American Wind Energy Association, Washington D.C. 16 pp. Non-Peer Reviewed Publications Jennifer Davidson and Shawn Smallwood. 2004. Laying plans for a hydrogen highway. Comstock's Business, August 2004:18-20, 22, 24-26. Jennifer Davidson and Shawn Smallwood. 2004. Refined conundrum: California consumers demand more oil ,while opposing refinery development. Comstock's Business, November 2004:26-27, 29-30. Small~ood, K.S. 2002. Review of"The Atlas of Endangered Species." By Richard Mackay. ' Erjvironmental Conservation 30:210-211. Thelander, C.G. and S. Smallwood. 2002. The Altamont Pass Wind Resource Area's Effects on Birds: A Case History. Manuela de Lucas, Guyonne Janss, and Miguel Ferret, eds. Birds and wind power. In press. Smallwood, K.S. 2002. Review of''The Endangered Species Act. History, Conservation, and Public Policy." By Brian Czech And Paul B. Krausman. Environmental Conservation 29: 269-270. Smallwood, K.S. 1997. Spatial scaling of pocket gopher (Geomyidae) burrow volume. Abstract in Proceedings of 44th Annual Meeting, Southwestern Association of Naturalists. Department of Biological Sciences, University of Arkansas, Fayetteville. Smallwood, K.S. 1997. Estimating prairie dog and pocket gopher burrow volume. Abstract in Proceedings of 44th Annual Meeting, Southwestern Association of Naturalists. Department of Biological Sciences, University of Arkansas, Fayetteville. Smallwood, K.S. 1997. Animal burrowing parameters influencing toxic waste management. Abstract in Proceedings of Meeting, Western Section of the Wildlife Society. Smallwood, K.S, and Bruce Wilcox. 1996. Study and interpretiye design effects on mountain lion density estimates. Abstract, page 93 in D.W. Padley, ed., Proceedings 5th Mountain Lion Workshop, Southern California Chapter, The Wildlife Society. 135 pp. Smallwood, K.S, and Bruce Wilcox. 1996. Ten years of mountain lion track survey. Page 94 in D.W. Padley, ed. Abstract, page 94 in D.W. Padley, ed., Proceedings 5th Mountain Lion Workshop, Southern California Chapter, The Wildlife Society. 135 pp. Smallwood, K.S, and M. Grigione. 1997. Photographic recording of mountain lion tracks. Pages 75-75 in D.W. Padley, ed., Proceedings 5th Mountain Lion Workshop, Southern California Chapter, The Wildlife Society. 135 pp. Smallwood C"V 12 Smallwood, K.S., B. Wilcox, and J. Kart. 1995. An approach to scaling fragmentation effects. Brief 8, Ecosystem Indicators Working Group, 17 March, 1995. Institute for Sustainable Development, Thoreau Center for Sustainability - The Presidio, PO Box 29075, San Francisco, CA 94129-0075. Wilcox, B., and K.S. Smallwood. 1995. Ecosystem indicators model overview. Brief 2, Ecosystem Indicators Working Group, 17 March, 1995. Institute for Sustainable Development, Thoreau Center for Sustainability - The Presidio, PO Box 29075, San Francisco, CA 94129-0075. EIP Ass6ciates. 1996. Yolo County Habitat Conservation Plan. Yolo County Planning and Development Department, Woodland, Cahfom~a. Geng, S., K.S. Smallwood, and M. Zhang. 1995. Sustainable agriculture and agricultural sustainability. Proc. 7th International Congress SABRAO, 2nd Industrial Symp. WSAA. Taipei, Taiwan. Smallwood, K.S. and S. Geng. 1994. Landscape strategies for biological control and [PM. Pages 454-464 in W. Dehai, ed., Proc. International Conference on Integrated Resource Management for Sustainable Agriculture. Beijing Agricultural University, Beijing, China. Small~ood, K.S. and S. Geng. 1993. Alfalfa as wildlife habitat. California Alfalfa Symposium 23:105-8. I .Small~ood, K.S. and S. Geng. 1993. Management of pocket gophers in Sacramento Valley alfalfa. Califomia Alfalfa Symposium 23:86-89. Smallwood, K.S. and E.L. Fitzhugh. 1992. The use of track counts for mountain lion population census. Pages 59-67 in C. Braun, ed. Mountain lion-Human Interaction Symposium and Workshop. Colorado Division of Wildlife, Fort Collins. Smallwood, K.S. and E.L. Fitzhugh. 1989. Differentiating mountain.lion and dog tracks. Pages 58-63 in Smith, R.H., ed. Proc. Third Mountain Lion Workshop. Arizona Game and Fish Department, Phoenix. Fitzhugh, E.L. and K.S. Smallwood. 1989. Techniques for monitoring mountain lion population levels. Pages 69-71 in Smith, R.H., ed. Proc. Third Mountain Lion Workshop. Arizona Game and Fish Department, Phoenix. Reports Smallwood, K. S., and L. Neher. 2005. Repowering the APWRA: Forecasting and minimizing avian mortality without significant loss of power generation. California Energy Commission report: In press. Morrison, M. L., and K. S. Smallwood. 2004. Kangaroo rat survey at RMA4, NAS Lemoore. Report to U.S. Navy. 4 pp. Smallwood, K. S., and M. L. Morrison. 2003. 2003 Progress Report: San Joaquin kangaroo rat (Di£odomys nitratoides)Conservation Research at Resources Management Area 5, Lemoore Naval Air Station. Progress report to U.S. Department of the Navy, Lemoore, California. 56 pp. + 58 figures. Smallwood, K. S. 2003. Comparison of Biological Impacts of the No Project and Partial Underground Alternatives presented in the Final Environmental Impact Report for the Jefferson-Martin 230 kV Transmission Line. Report to California Public Utilities Commission. 20 pp. Morrison, M. L., and K. S. Smallwood. 2003. Kangaroo rat survey at RMA4, NAS Lemoore. Report to U.S. Navy. 6 pp. + 7 photos + 1 map. Smallwood CV 13 Smallwood, K. S. 2003. Assessment of the Environmental Review Documents Prepared for the Tesla Power Project.' Repoa. to the California Energy Commission on behalf of Californians for Renewable Energy. 32 pp. Smallwood, K. S., and M. L. Morrison. 2003. 2002 Progress Report: San Joaquin kangaroo rat (Dipodomys n~tratoides) Conservation Research at Resources Management Area 5, Lemoore Naval Air Station. Progress report to U.S. Department of the Navy, Lemoore, California. 45 pp. + 36 figures. Smallwood, K. S., Michael L. Morrison and Carl G. Tbelander 2002. Study plan to test the effectiveness of aerial ma~'kers at reducing avian mortality due to collisions with transmission lines: A report to Pacific Gas & Electric Company. 10 pp. Smallwood, K. S. 2002. Assessment of the Environmental Review Documents Prepared for the East Altamont Energy Center. Report to the California Energy Commission on behalf of Californians for Renewable Energy. 26 pp. Thelander, Carl G., K. Shawn Smallwood, and Christopher Costello. 2002 Rating Distribution Poles for Threat of Raptor Electrocution and Priority Retrofit: Developing a Predictive Model. Report to . Southern California Edison Company. 30 pp. Smallwood, K. S., M. Robison, and C. Thelander. 2002. Draft Natural Environment Study, Prunedale Highway 101 Project. California Department of Transportation, San Luis Obispo, California. 120 pp. Smallwood, K.S. 2001. Assessment of ecological integrity and restoration potential of Beeman/Pelican Farm. Draft Report to Howard Beeman, Woodland, Califorrtia. 14 pp. Smallwood, K. S., and M. L. Morrison. 2002. Fresno kangaroo rat (Dipodomys nitratoides) Conservation Research at Resources Management Area 5, Lemoore Naval Air Station. Progress report to U.S. Department of the Navy, Lemoore, California. 29 pp. + 19 figures. Smallwood, K.S. 2001. Rocky Flats visit, April 4t~ through 6t~, 2001. Report to Berger & Montaque, P.C. 16 pp. with 61 color plates. Smallwood, K.S. 2001. Affidavit of K. Shawn Smallwood, Ph.D. in the matter of the U.S. Fish and Wildlife Service's rejection of Seatuck Environmental Association's proposal to operate an education center on Seatuck National Wildlife Refuge. Submitted to Seatuck Environmental Association in two parts, totaling 7 pp. Magney, D., and K.S. Smallwood. 2001. Maranatha High School CEQA critique. Comment letter submitted to Tamara & Efren Compe~n, 16 pp. Smallwood, K.S. 2001. Preliminary Comments on the Proposed Blythe Energy Project. Submitted to California Energy Commission on March 15 on behalf of Californians for Renewable Energy (CARE). I4 pp. Smallwood, K. S. and D. Mangey. 2001. Comments on the Newhall Ranch November 2000 Administrative Draft EIR. Prepared for Ventura County Counsel regarding the Newhall Ranch Specific Plan EIR. 68 pp. Smallwood CV 1 Magney, D. and K. S. Smallwood. 2000. Newhall Ranch Notice of Preparation Submittal. Prepared for Ventura County Counsel regarding our recommended scope of work for the Newhall Ranch Specific Plan EIR. 17 pp. ,. · Smallwood, K. S. 2000. Comments on the Preliminary Staff Assessment of the Contra Costa Power Plant Unit 8 Project. Submitted to California Er~ergy Commission on November 30 on behalf of Californians for Renewable Energy (CARE). 4 pp. Smallwood, K. S. 2000. Comments on the California Energy Commission's Final Staff Assessment of the MEC. Submitted to California Energy Commission on October 29 on behalf of Californians for Renewable Energy (CARE). 8 pp. Smallwood, K. S. 2000. Comments on the Biological Resources Mitigation Implementation and Monitoring Plan (BRMIMP). Submitted to California Energy Commission on October 29 on behalf of Californians for Renewable Energy (CARE). 9 pp. Smallwood, K. S. 2000. Comments on the Preliminary Staff Assessment of the Metcalf Energy Center. Submitted to California Energy Commission on behalf of Californians for Renewable Energy (CARE). 11 pp. Smallwood, K. S. 2000. Preliminary report of reconnaissance surveys near the TRW plant south of Phoenix, Arizona, March 27-29. Report prepared for Hagens, Berman & Mitchell, Attorneys at Law, Phoenix, AZ. 6pp. Morrison, M.L., K.S..Smallwood, and M. Robison. 2001. Draft Natural Environment Study for Highway 46 compliance with CEQA/NEPA. Report to the California Department of Transportation. 75 pp. Morrison, M.L., and K.S..Smallwood. 1999. NT1 plan evaluation and comments. Exhibit C in W.D. Cartier, M.L. Morrison, K.S. Smallwood, and Vail Engineering. Recommendations for NBHCP land acquisition and enhancement strategies. Nortbem Territories, Inc., Sacramento. Smallwood, K. S. i999. Estimation of impacts due to dredging of a shipping channel through Humboldt Bay, California. Court Declaration prepared on behalf of EPIC. Smallwood, K. S. 1998. 1998 California Mountain Lion Track Count. Report to the Defenders of Wildlife, Washington, D.C..5 pages. Smallwood, K.S. 1998. Draft report of a visit to a paint sludge dump site near Ridgewood, New Jersey, February 26th, 1998. Unpublished report to Consulting in the Public Interest. Smallwood, K.S. 1997. Science missing in the "no surprises" policy. Commissioned by National Endangered Species Network and Spirit of the Sage Council, Pasadena, California. Smallwood, K.S. and M.L. Morrison. 1997. Alternate mitigation strategy for incidental take of giant garter snake and Swainson's hawk as part of the Natomas Basin Habitat Conservation Plan. Pages 6-9 and iii illustrations in W.D. Carrier, K.S. Smallwood and M.L Morrison, Natomas Basin Habitat Conservation Plan: Narrow channel marsh alternative wetland mitigation. Northern Territories, Inc., Sacramento. Smallwood, K.S. 1996. Assessment of the BIOPORT model's parameter values for pocket gopher burrowing characteristics. Report to Berger & Montague, P.C. and Roy S. Haber, P.C., Philadelphia. (p~r reviewed). Smallwood CV 15 Smallwood, K.S. 1997. Assessment of plutonium releases from Hanford buried waste sites:. Report Number 9, Consulting in the Public Interest, 53 Clinton Street, Lambertville, New Jersey, 085:30. Smallwood, K.S. 1996. Soil Bioturbation and Wind Affect Fate of Hazardous Materials that were Released at the Rocky Flats Plant, Colorado. Report to Berger & Montague, P.C., Philadelphia. Smallwc~t, K.S. 1996. Second assessment of the BIOPORT model's parameter values for pocket gopher burr6wing characteristics and other relevant wildlife observations. Report to Berger & Montague, P.C. and Roy S. Haber, P.C., Philadelphia. Smallwood, K.S., and R. Leidy. 1996. Wildlife and Their Management Under the Martell SYP. Report to Georgia Pacific, Corporation, Martel, CA. 30 pp. El1> Associates. 1995. Yolo County Habitat Conservation Plan Biological Resources Report. Yolo County Planning and Development Department, Woodland, California. Smallwood, K.S. and S. Geng. 1995. Analysis of the 1987 California Farm Cost Survey and recbmmendations for future survey. Program on Workable Energy Regulation, University-wide Energy R~eamh Group, University of California. Fi~zhu/gh, E.L. and K.S. Smallwood. 1987. Methods Manual - A statewide mountain lion population index technique. California Department of Fish and Game, Sacramento. Salmon, TiP. and K.S. Smallwood. 1989: Final Report - Evaluating exotic vertebrates as pests to California agriculture. California Department of Food and Agriculture, Sacramento. Smallwood, K.S. and W. A. Erickson (written under super, vision of W.E. Howard, R.E. Marsh, and R.J. Laacke). 1990. Environmental exposure and fate of multi-kill strychnine gopher baits. Final Report to USDA Forest Service-NAPIAP, Cooperative Agreement PSW-89-O010CA. Fitzhugh, E.L., K.S. Smallwood, and R. Gross. 1985. Mountain lion track count, Matin County, 1985. Unpublished report on file at Wildlife Extension, University of California, Davis. Comments on Environmental Documents I was retained or commissioned to comment on environmental planning and review documents, including: · Buena Vista Wind Energy Project Notice of Preparation of EIR (2004; 15 pp); · Negative Declaration of the proposed Winters Highlands Subdivision (2004; 9 pp); · Negative Declaration of the proposed Winters Highlands Subdivision (2004; 13 pp); · Negative Declaration of the proposed Creekside Highlands Project, Tract 7270 (2004; 21 pp); Conditional Use Permit renewals from Alameda County for wind turbine operations in the AItamont Pass Wind Resource Area (2003; 41 pp); · UC Davis Long Range Development Plan of 2003, particu!arly with regard to the Neighborhood Master P!an (2003; 23 pp); · Anderson Marketplace Draft Environmental Impact Report (2003:18 pp + 3 plates of photos); · Negative Declaration of the proposed expansion of Temple B'nai Tikyah (2003:6 pp); · Antonio Mountain Ranch Specific Plan Public Draft EIR (2002:23 pp); · Response to testimony of experts at the East Altamont Energy Center evidentiary hearing on biological resources (2002:9 pp); Smallwood CV 16 · Revised Draft Environmental Impact Report, The Promenade (2002:7 pp); · Recimulated Initial Study for Calpine's proposed Pajaro Valley Energy Center (2002:3 pp); · UC Merced -- Declaration of Dr. Shawn Smallwoed in support of petitioner's application for temporary restraining order and preliminary injunction (2002:5 pp); · Replies to response to com ~ments in Final Environmental Impact Report, Atwood Ranch Unit III Subdivision (2003:22 pp); · Draft Environmental Impact Report, Atwood Ranch Unit IH Subdivision (2002:19 pp + 8 photos on 4 plates); · ~2alifomia Energy Commission Staff Report on GWF Tracy Peaker Project (2002:17 pp + 3 photos; follow-up report of 3 pp); · Initial Study and Negative Declaration, Silver Bend Apartments, Placer County (2002:13 pp); · UC Merced Long-range Development Plan DEIR and UC Merced Community Plan DEIR (2001:26 PP); · Initial Study, Colusa County Power Plant (2001:6 pp); · Comments on Proposed Dog Park at Catlin Park, Folsom, California (2001:5 pp + 4 photos); · Pacific Lumber Co. (Headwaters) Habitat Conservation Plan and Environmental Impact Report (1998:28 pp); · Final Environmental Impact Report/Statement for Issuance of Take authorization for listed species within the MSCP planning area in San Diego County, California (Fed. Reg. 62 (60): 14938, San Diego Multi-Species Conservation Program) (1997:10 pp); · Permit (PRT-823773) Amendment for the Natomas Basin Habitat Conservation Plan, Sacramento, CA (Fed. Reg. 63 (101): 29020-29021) (1998); · Draft Recovery Plan for the Giant Garter Snake (Thamnophis gigas). (Fed. Reg. 64( 176): 49497- 49498) (1999:8 pp); · Review of the Draft Recovery Plan for the Arroyo Southwestern Toad (Bufo microscaphus californicus) (1998); · Ballona West Bluffs Project Environmental Impact Report (1999: oral presentation); · California Board of Forestry's proposed amended Forest Practices Rules (1999); · Negative Declaration for the Sunset Skyranch Airport Use Permit (1999); · Calpine and Bechtel Corpgrations' Biological Resources Implementation and Monitoring Program (BRMIMP) for the Metcalf Energy Center (2000:10 pp); · California Energy Commission's Final Staff Assessment of the proposed Metcalf Energy Center (2000); · US Fish and Wildlife Service Section 7 consultation with the California Energy Commission regarding Calpine and Bechtel Corporations' Metcalf Energy Center (2000:4 pp); · California Energy Commission's Preliminary Staff Assessment of the proposed Metcalf Energy Center (2000:11 pp); · Site-specific management plans for the Natomas Basin Conservancy's mitigation lands, prepared by Wildlands, Inc. (2000:7 pp); · Affidavit of K. Shawn Smallwood in Spirit of the Sage Council, et al. (Plaintiffs) vs. Bruce Babbitt, Secretary, U.S. Department of the Interior, et al. (Defendants), Injuries caused by the No Surprises policy and final rule which codifies that policy (1999:9 pp). I also issued formal comments on the following documents: · Bureau of Land Management Wind Energy Programmatic EIS Scoping document (2003:7 pp.); · NEPA Environmental Analysis for Biosafety Level 4 National Biocontainment Laboratory (NBL) at UC Davis (2003:7 pp); · Notice of Preparation of UC Merced Community and Area Plan EIR, on behalf of The Wildlife Society--Western Section (2001:8 pp.); · Preliminary Draft Yolo County Habitat Conservation Plan (2001; 2 letters totaling 35 pp.); · Merced County General Plan Revision, notice of Negative Declaration (2001:2 pp.); · Notice of Preparation of Campus Parkway EIR/EIS (2001:7 pp.); · Draft Recovery Plan for the bighorn sheep in the Peninsular Range (Ovis candensis) (2000); · Draft Recovery Plan for the California Red-legged Frog (Rana aurora draytonii), on behalf of The Wildlife Society--Western Section (2000:10 pp.); · Sierra Nevada Forest Plan Amendment Draft Environmental Impact Statement, on behalf of The Wi d"ife Society--Western Section (2000:7 pp.); · State Water Project Supplemental. Water Purchase Program, Draft Program EIR (1997); · Davis General Plan Update EIR (2000); · Covell Center Project Ell*, and EIR Supplement (1997); · Turn of the Century EIR (1999:10 pp); · Proposed termination of Critical Habitat Designation under the Endangered Species Act (Fed. Reg. 64(113): 31871-31874) (1999); · NOA Draft Addendum to the Final Handbook for Habitat Conservation Planning and Incidental Take Permitting Process, termed the HCP 5-Point Policy Plan (Fed. Reg. 64(45): 11485 - 11490) (1999). Position Statements I prepared the following position statements: · Recommended that the California Department of Fish and Game prioritize the extermination of the introduced southern water snake in northern California. The Wildlife Society--Western Section (2001); · Recommended that The Wildlife Society--Western Section appoint or recommend members of the independent scientific review panel for the UC Merced environmental review process (2001 ); · Opposed the siting of the University of California's 10th campus on a sensitive vernal pool/grassland complex east of Merced. The Wildlife SOCiety--Western Section (2000); · Opposed the legalization of ferret ownership in California. The Wildlife Society--Western Section (2000);. · Opposed the Proposed "No Surprises," "Safe Harbor," and "Candidate Conservation Agreement" rules, including permit-shield protection provisions (Fed. Reg. Vol. 62, No. 103, pp. 29091-29098 and No. 113, pp. 32189-32194). This statement was signed by 188 scientists and went to the responsible federal agencies, as well as to the U.S. Senate and House of Representatives. Printed Mass Media Smallwoed, K.S., D. Mooney, and M. McGuinness. 2003. We must stop the UCD biolab now. Op-Ed to the Davis Enterprise. Smallwood, K.S. 2002. Spring Lake threatens Davis. Op-Ed to the Davis Enterprise. Smallwood, K.S. Summer, 2001. Mitigation of habitation. The Flatlander, Davis, California. Entrikan, R.K. and K.S. Smallwood. 2000. Measure O: Flawed law would lock in new taxes. Op-Ed to the Davis Enterprise. Smallwoed CV 18 Smallwoed, K.S. 2000. Davis delegation lobbies Congress for Wildlife conservation. Op-Ed to the Davis Enterprise. Smallwood, K.S. 1998. Davis Visions. The Flatlander, Davis, California. Smallwood, K.S. 1997. Last grab for Yolo's land and water. The Flatlander, Davis, California. Smallwqod, K.S. 1997. The Yolo County HCP. Op-Ed to the Davis Enterprise. Radio/Television KDVS Speaking in Tongues (host Ron Glick), Yolo County HCP: 1 hour. Decembe{ 27, 2001; KDVS Speaking in Tongues (host Ron Glick), Yolo County HCP: I hour. May 3, 2001; KDVS Speaking in Tongues (host Ron Glick), Yolo County HCP: I hour. February 8, 2001; KDVS Speaking in Tongues (host Ron Glick & Shawn Smallwood), California Energy Crisis: I hour. Jan. 25; 2001; KDV~ Speaking in Tongues (host Ron Glick), Headwaters Forest HCP: I hour· 1998; Davis Cable Channel (host Gerald Heffernon), Burrowing owls in Davis: half hour. June, 2000; Davis Cable Channel (hosted by Davis League of Women Voters), Measure O debate: I hour. October, 2000; KXTV 10, In Your Interest, The Endangered Species Act: half hour. 1997. Posters at Professional Meetings Smallwood, K. S., C. G. Tbelander and L. Spiegel. 2003. Toward a predictive model of avian fatalities in the Altamont Pass Wind Resource Area. Windpower 2003 Conference and Convention, Austin, Texas. Smallwood, K.S. and Eva Butler. 2002. Pocket Gopher Response to Yellow Star-thistle Eradication as part of Grassland Restoration at Decommissioned Mather Air Force Base, Sacramento County, California. White Mountain Research Station Open House, Barcroft Station. Smallwood, K.S. and Michael L. Morrison. 2002. Fresno kangaroo rat (Dipodomys nitratoides) Conservation Research at Resources Management Area 5, Lemoore Naval Air Station. White Mountain Research Station Open House, Barcroft Station. Smallwood, K.S. and E.L. Fitzhugh. 1989. Differentiating mountain lion and dog tracks. Third Mountain Lion Workshop, Prescott, AZ. Smith, T. R. and K. S. Smallwood. 2000. Effects of study area size, location, season, and allometry' on reported Sorex shrew densities. Annual Meeting of the Western Section of The Wildlife Society. Presentations at Professional Meetings and Seminars: Minimizing avian mortality in the Altamont Pass Wind Resources Area. UC Davis Wind Energy Collaborative Forum, Palm Springs, California, December 14, 2004. Smallwood CV 19 Selecting electric distribution poles for priority retrofitting to reduce raptor mortality. Raptor Research Foundation Meeting, Bakersfield, California, November 10, 2004. Lessons learned from five years of avian mortality research at the Altamont Pass Wind Resources Ama in California. The Wildlife Society Annual Meeting, Calgary, Canada, September 2004. The ecology and impacts of power generation at Altamont Pass. Sacramento Petroleum Association, Sacramento, California, August 18, 2004. Burrowing owl mortality in the Altamont Pass Wind Resource Area. California Burrowing Owl Consortium meeting, Hayward, California, February 7, 2004. Burrowing owl mortality in the Altamont Pass Wind Resource Area. California Burrowing Owl Symposium, Sacramento, November 2, 2003. Raptor Mortality at the Altamont Pass Wind Resource Area. National Wind Coordinating Committee, Washington, D~C., November 17, 2003. Raptor Behavior at the Altamont Pass Wind Resource Area. Annual Meeting of the Raptor Research Foundation, Anchorage, Alaska, September, 2003. Raptor Mortality at the Altamont Pass Wind Resource Area. Annual Meeting of the Raptor Research Foundation, Anchorage, Alaska, September, 2003. California mountain lions. Ecological & Environmental Issues Seminar, Department of Biology, California State University, Sacramento, November, 2000. Using a Geographic Positioning System (GPS) to map wildlife and habitat. Annual Meeting of the Western Section of The Wildlife Society, Riverside, CA, January, 2000. Suggested standards for science applied to conservation issues. Annual Meeting of the Western Section of The Wildlife Society, Riverside, CA, January, 2000. The indicators.framework applied to ecological restoration in Yolo County, California. Society for Ecological Restoration, September 25, 1999. · Ecological restoration in the context of animal social units and their habitat areas. Society for Ecological Restoration, September 24, 1999. Relating Indicators of Ecological Health and Integrity to Assess Risks to Sustainable Agriculture and Native Biota. International Conference on Ecosystem Health, August 16, 1999. A crosswalk from the Endangered Species Act to the HCP Handbook and real HCPs. Southern California Edison, Co. and California Energy Commission, March 4-5, 1999. Mountain lion track counts in California: Implications for Management. Ecological & Environmental Issues Seminar, Department of Biological Sciences, California State University, Sacramento, November 4, 1998. "No Surprises" -- Lack of science in the HCP process. California Native Plant Society Annual Conservation Conference, The Presidio, San Francisco, September 7, 1997. Smallwood CV 20 In Your Interest. A half hour weekly show aired on Channel 10 Television, Sacramento. In this episode, 1 served on a panel of experts discussing problems with the implementation of the Endangered Species .. Act. Aired August 31, 1997. Spatial scaling of pocket gopher (Geomyidae) density. Southwestern Association of Naturalists 44th Meeting, Fayetteville, Arkansas, April 10, 1997. Estimating prairie dog and pocket gopher burrow volume. Southwestern Association of Naturalists 44th Meeting, Fayetteville, Arkansas, April 10, 1997. Ten years of.mountain lion track survey. Fifth Mountain Lion Workshop, San Diego, February 27, 1996. ,, Study and interpretive design effects on mountain lion density estimates. Fifth Mountain Lion Workshop, San Diego, February 27, 1996. Small animal control. Session moderator and speaker at the California Farm Conference, Sacramento, California, Feb. 28, 1995. Small animal control. Ecological Farming Conference, Asylomar, California, Jan. 28, 1995. Habitat associations of the Swainson's Hawk in the Sacramento Valley's agricultural landscape. 1994 Raptor Research Foundation Meeting, Flagstaff, Arizona. Alfalfa as wildlife habitat. Seed Industry Conference, Woodland, California, May 4, 1994. Habitats and vertebrate pests: impacts and management. Managing Farmland to Bring Back Game Birds and Wildlife to the Central Valley. Yolo County Resource Conservation District, U.C. Davis, February 19, 1994. Management of gophers and alfalfa as wildlife habitat. Orland Alfalfa Production Meeting and Sacramento Valley Alfalfa Production Meeting, February I and 2, 1994. Patterns of wildlife movement in a farming landscape. Wildlife and Fisheries Biology Seminar Series: Recent Advances in Wildlife, Fish, and Conservation Biology, U.C. Davis, Dec. 6, 1993. Alfalfa as wildlife habitat. California Alfalfa Symposium, Fresno, California, Dec. 9, 1993. Management of pocket gophers in Sacramento Va!ley alfalfa. California Alfalfa Symposium, Frgsno, California, Dec. 8, 1993. Association analysis of raptors in a farming landscape. Plenary speaker at Raptor Research Foundation Meeting, Charlotte, North Carolina, Nov. 6, 1993. Landscape strategies for biological control and IPM. Plenary speaker, International Conference on Integrated Resource Management and Sustainable Agriculture, Beijing, China, Sept. 11, 1993. Landscape Ecology Study of Pocket Gophers in Alfalfa. Alfalfa Field Day, U.C. Davis, July 1993. Patterns of wildlife movement in a farming landscape. Spatial Data Analysis Colloquium, U.C. Davis, August 6, 1993. Smallwood CV 21 Sound stewardship of wildlife. Veterinary Medicine Seminar: Ethics of Animal Use, U.C. Davis. May 1993. Landscape ecology study of pocket gophers in alfalfa. Five County Grower's Meeting, Tracy, California. February 1993. Turbulence and the community organizers: The role of invading species in ordering a turbulent system, and the Pactors for invasion success. Ecology Graduate Student Association Colloquium, U.C. Davi~. May 1990. Evaluation of exotic vertebrate pests. Fourteenth Vertebrate Pest Conference, Sacramento, California. March 1990. Analytical methods for predicting success of mammal introductions to North America. The Western Section of the Wildlife Society, Hilo, Hawaii. February 1988. A state-wide mountain lion track survey. Sacramento County Dept Parks and Recreation. April 1986. The m~untain lion in California. Davis Chapter of the Audubon Society. October 1985. ' I Ecology Graduate Student Seminars, U.C. Davis, 1985-1990: Social behavior of the mountain lion; Mountain lion control; Political status of the mountain lion in California. Other forms of Participation at Professional Meetings · Chair of Animal Damage Management Session, The Wildlife Society, Annual Meeting, Reno, Nevada, September 26, 2001. · Chair of Technical Session: Human communities and ecosystem health: Comparing perspectives and making connection.' Managing for Ecosystem Health, International Congress on Ecosystem Health, Sacramento, CA August 15-20, 1999. · Student Awards Committee, Annual Meeting of the Western Section of The Wildlife Society, Riverside, CA, January, 2000. · Student Mentor, Annual Meeting of the Western Section of The Wildlife Society, Riverside, CA, January, 2000. Reviews of Journal Papers (Number of papers I reviewed for each journal) Papers Pape~ Journal reviewed Journal review American Naturalist I Journal of Animal Ecology 1 Auk I Journal of Raptor Research 1 Biological Conservation >31 National Renewable Energy Lab reports 4 Canadian Journal of Zoology I Oikos 1 Ecosystem Health 1 The Prairie Naturalist 1 Environmental Conservation 3 Restoration Ecology 1 Enviroemental Management 15 Southwestern Naturalist 1 Functional Ecology I The Wildlife Society-Western Section Trans. 3 Journal of Zoology (London) I Prec. Int. Congress on Managing for I Smallwood CV 22 Journal of Applied Ecology I ] Ecosystem Health I Transactions in GIS 1 Tota in my records maintained since 1997 67 Committees Ph.D. Thesis Committee, Steve Anderson, University of California, Davis. Board M~ember, Iron Mountain Conservancy Membe~'shlps in Professional Societies: The Wildlife Society Society for Ecological Restoration Association of Southwest Naturalists Raptor Research Foundation American Museum of Natural History HonorS and Awards: Certificate of Appreciation, The Wildlife Society---Western Section, 2000, 2001 Fulbright Research Fellowship to Indonesia, 1987. Northern California Athletic Association Most Valuable Cross Country Runner, 1984. J.G. Boswell Full Academic Scholarship, 1981 (Paid expenses for undergraduate education). American Legion Award, Corcoran High School, 1981, and John Muir Junior High, 1977. CIF Section Champion, Cross Country in 1978 and Track & Field 2 mile run in 1981. National Junior Record, 20 kilometer run, 1982. National Age Group Record, 1500 meter run, 1978 Community Activities: Davis Little League Chief Umpire and Board member, 2004-2005. Davis Little League Safety Officer, 2004-2005. Davis Little League Certified Umpire, 2002-2004 Davis Little League Scorekeeper, 2002 Davis Visioning Group member Petitioner for Writ of Mandate under the California Environmental Quality Act against City of Woodland decision to approve the Spring Lake Specific Plan, 2002 Served on campaign committee for City Council candidate References: Professor-Emeritus K.E.F. Watt, Department of Zoology, University of California, Davis, CA 95616. Phone: (530) 752-1558 Dr. Jan Beyea, Consulting in the Public Interest, 53 Clinton Street, Lambertvil]e, New Jersey, 08530. Phone: (609) 397-2370 email: jbeyea@cipi.com Dr. Christine Schonewald, Retired Research Scientist, Biological Resources Division, US Geological Survey, Department of Environmental Studies, University of California, Davis, CA 95616. Present address: 2916 Princeton Ct., Cameron Park, CA 95682-9278. Phone: (530)676-4866 email: CGEMS@earthlink.net Smallwood CV 23 Dr. Bruce Wilcox, Professor and Chair, Division of Ecology and Health, University of Hawaii, John A. Bums School of Medicine, 1960 East-West Road, Biomedical Sciences Building C-105a, Honolulu, HI 96822-2319 Phone: (808)956-5770 email: bwilcox@hawaii.edu Dr. Michael Morrison, PO Box 816, Bishop, CA 93515. Phone: (775) 233-8630 email: res080cg@verizon.net Dr. Gene R. Trapp, Dept. of Biological Sciences, California State University, Sacramento, CA 95819-6077 Phone: (916) 278-6279 email: trappgr@csus.edu Professor Richard G. Coss, Professor of Psychology and member of the Graduate Groups in Ecology and Animal Behavior Department of Psychology, University of California, Davis, CA 95616. Phone: (530) 752-1626. Professor Shu Geng, Department of Agronomy and Range Science, University of California, Davis, CA 95616. Phone: (530) 752-6939 Email: sgeng@ucdavis.edu ..... _.~"~[ll~/~, 2 Park Plaza, Suite 700 ~' R./~ N I T t Irvine, CA 92614 E Q U I T I ,E S 949.~50.9229 Fax 949 2,50 9231 January 10., 2005 Brad Buller Via Facsimile 909/477-2849 City Planner City of Rancho Cucamonga 10500 Civic Center Dr. " Rancho Cucamonga, CA 91729-0807 Re: Open Space Transfer Plan-Henderson Creek Dear Mr. Buller: The purpose of this letter is to request that the City schedule a hearing no later than February 2, 2005, before the City Council to determine if The Habitat Trust for Wildlife, Inc. ("Habitat Trust"), will qualify to be the conservation entity for the Henderson Creek Project. As you know, Rancho 2004 has acquired the interest of Henderson Creek Properties, LLC., in the property that is the subject of Tentative Tract Map SUBTT 16324, and the related development approvals, in the City of Rancho Cucamonga ("City"). Condition BIO- 1 of Resolution No. 04-60, of the City's Planning Commission requires that the developer "transfer to the County of San Bernardino Special Districts OS-1 or other qualified conservation entity approved by the City" off-site land for habitat preservation. It is our understanding that since October 2004, the City has been receiving information from the Habitat Trust about its ability to qualify as the conservation entity for the project. On January 10, 2005, we send the attached letter to the Habitat Trust, enclosing your January 6~ letter and telling the Habitat Trust that we are asking the City to set a hearing on whether the Habitat Trust can serve as the conservation entity for the project. Please let us know as soon as possible when the hearing will be set. If you have any questions, please give us a call. Dorian Johnson 'x.,._.~ CITY OF RANCHO CUCAMONGA · Executive Vice President Granite Equities JAN 1 3 2005 Fror ? iT6fic(¢l 'lidus Jacksonl DeMarcolPeCkenpau. [1 A LAW CORPORATION ' j~JAN .] ! 2.005 Jan. ua~ 10, 2005 Direct Dial: 949.851,742, Email: mtidus{~jdpla Reply to: Irvine Office ' Fle No: 35829 VIA FACSIMILE & U.S. MAIL craig A. Sherman, Esq. 1901 First Avenue, Suite 335 · San Diego, CA 92101 I Re: Open Space Transfer Plan-Henderson Creek Dea~ Mr. Sherman: We represent Granite Homes, the manager of Rancho 2004. Rancho 2004 has acquired the interest of Henderson Creek Properties, LLC., in the property that is the subject of Tantafive Tract Map SUBTT 16324, and the related development approvats,.in the City of Rancho Cucamonga C'City"). · Condition BIO-1 of Re~olufion No. 04-60, of the City's Planning commission requires that the developer "transfer to the County of San Bemardino Special Dislricts OS-1 or other qualified conservation entity approved by the City" off-site land for habitat preservation. · · It is our understanding that since October 2004, your client, The Habitat Trust for Wildlife, Inc. ("Habitat Trust"), has been sending information to the City to qualify as the Conservation entity for the Henderson Creek Project. We received a letter dated Janmey 6, 2005, from the City discussing Habitat Trust's submittals. A copy nfthe letter is attache~l. To satisfy Condition BIO-I, Rancho 2004 is asking the City to set a heating to determine whether Habitat Trust can serve as thc conservation entity for the Project We believe the hearing will be on February 2, 2005. Please review the City's January 6~ letter to us and submit any additional information to the City and carbon copy us on the submittal, if any. We also learned that the Habitat Trust filed a lawsuit against, among others, Rancho 2004 on January 5, 2005, conceming this same issue. Our client has agreed'to let us accept service of process on the complaint for Rancho, 2004, and the three Granite entities. Despite the lawsuit, Rancho 2004 will continue to process the Habitat Trust's application to the City, unless you instruct us, in writing, not to do so. I~ne Office Westlake Village Office 2030 Main Street, Suite &200 28%5 Townsgate Road, Suite 200 www.jdCaw, com Irvine, California 926&4 WestJake Village, California 9~36! t:949.752.8585 f:949~752.0597 t:805.230.0023 f:805.230.0087 Craig A. Sherman, Esq. January 10, 2005 Page 2 If you have any questions, please give us a call. Very truly yours, Michael L Tidus MI,T/jlc Enclosue 561477.1 Craig A. Sherman, Esq. January 10, 2005 Page 3 bec: Dan Kassel* / Dorian Johnson* Benjamin T. Benumof, Esq. (w/enel.) * via fax and U.S. Mail (w/end.) %VILUA~ J. ,'KLEXANDER SAM SPAGNO~ THE CI~ OF ~CHO CU~ON~ j~cP R~CHO ~AMONGA dan~6, 2005 Dorian Johnson Executive ~ President Granite Hom~ 2 Pa~ Pla~, SuRe 700 I~ne, 'CA 926 ~ 4 SUBJECT: oPEN SPACEf~NSF5R P~N SUBMI~AL Dear Dorian Johnson: This le~er is to a~nowleflge ~e multiple subm~ls re~ved by'this Deponent for materials requested in my previous lefler dated O~ober 7, '20~. Before preceding to the Ci~ Council for a dete~inafion on ~e qual~tions ~ the Habi~t T~sL I wanted to 'make sure the info.at;on is complete and lo cla~ any ques~ons on the material lbat has be~n submiRed to date. In addition [ would tike to re~ive a w~en mque~ from you to proceed to.the C~ ~un~l for'a final dete~inalion. Please review the fol[o~n~ items and respond as needed (these 'are the items requested in our O~ober 7, 2004 lefler with a ~mment in i~li~ after.each): ~. The Tmsl's I~oration Papem. Received November ~5. 2~4. 2. The Tmsi's Boa~ of Dire~fs meeting minutes for ~e action approving ~e'a~pta~ of the open space mitigation land. Received November24. 2004. 3. The Trust's Bylaws. Re.wed November ~5, 2004. 4. The most recent abditofs repofl for .the TrusL Repo~ reoeived was for ~6 Social and Environmental Entrepreneurs [SEE) as of December 3~,2002. It does not cleady re~ed that tDe inio~atibn is for the HabRat T~st's ~nancial records and that they a~ in compliance ~itD annual aud~ requ(rements. Received November 24, 2004. 5. A copy of the Hab~at Resource Management:Plan'(or similar prope~ management document) wi~ 'a~l related habitat studies for the .nearest site cumently owned by the T~st Received November 24, 2004 (appears to' be unsigned dra~ of a Document called, "TDe Habitat Trust for Wildlife Nature Sandua~es Management Plan Cucamon9(n)8, {sic} NoRD Etiwanda, West Valley FootDills Area 2003-2004." TDe submi~ed document acRnowledges it was, "... adapted from the No~ Etiwanda HaDdar Pres~e Management Plan, 200~ USFWS, CDFG, San Bema~ino County Open. Space Dis~ ~." TDe submi~ed document is incomplete with blank spaces and no map exDib~s a~acDed as refe~nced. ~ 0 477.2?00 ' F~x ~09 ~7 ~849 ww-.., ¢ r-~ncno-~ucamon~, ca ~s 500 Civic C~m~r Dr. · EO. Box 807 ' Rancho C camonga, CA 917~-0807 · Tel 9 9- . .. - o 7- ' '. '. " ' . - - - OPEN SPACE TRANSFER PLAN SUBMITTAL DORIAN JOHNSON - GRANITE HOMES January 6, 2005 Page 2 ,6. A list of ali Board Members of the Trust. Mr.. Sherman's leffer dated November 15, 2004 (Received November 24, 200#)' indicates the! currently there are only three Board. Members. WenotethatnoneoftheBoard, arefromthelocalarea. 7. A list of the Trust'Office IocatioR~; This inforr~a~on has not been I~roWded. 8. A list of personnel who would be involved with management of the Open Space Transfer Plan, including their qualifications and experience. This information is s~ill outstanding according to the Hogle Ireland transmittal sheet received NoVember 24, 2004.. We did '.. receive via e-mail on January.5, 2004. a resume for Kenneth Shawn Smallwood, a consulting ecologist. Should' we assume that based On Mr. Sherman's previous correspondence they use volunteers to accomplish qualified biological studies .and. analysis for on going management responsibilities? / 9~ A proposed Operations Plan, including a maintenance Schedule. Not submitted. Th~ank you for you c~,operafion and we.look forward to Working with you. Please contact Lan'y ." H~nderson AICP, Principal Planner or me if you have any question{.' SincerelY, City Planner. ' LJH:Is · cc: Paul Biane, Supervisor 2nd District Tim Johnson, Assistant to Supervisor 2nd District. Pamela Steele, Hogle Ireland ,275' '~ OFFICE OF THE MAYOR RANCHO ~UCAMONGA October 7, 2004 Pamela Steele Hogle Ireland 4280 Lathan Street, Suite C Riverside, CA 92501 Subject: OPEN SPACE TRANSFER PLAN SUBMITTAL Dear Pamela Steele: Thank you for submitting the request for approval of the 'Open Space Transfer Plan', as required by the Henderson Creek Development Agreement and the EIR Mitigation requirements. From the materials submitted, we understand that it is your client's desire to transfer all mitigation required habitat land to the 'Habitat Trust For Wildlife Inc.". The Open Space Transfer Plan will need to be reviewed and approved by the City Council. In order to proceed to the City Council the following information will need to be submitted: 1. The Trusrs Incorporation papers. 2. The Trust's Board of Directors meeting minutes for the action approving the acceptance of the open space mitigation land. 3. The Trusts Bylaws. 4. The most recent auditor's report for the Trust. 5. A copy the Habitat Resource Management Plan (or similar property management document) with all related habitat studies for the nearest site currently owned by the Trust. 6. A list of all Board Members of the Trust. 7. A list of the Trust's office locations. 8. A list of all personnel who would be involved with management of the Open Space Transfer Plan, including their qualifications and experience. 9. A proposed Operations Plan, including a maintenance schedule. After receiving the above information we will schedule your request before the City Council. If you have any questions please contact Larry Henderson, Principal Planner or myself at (909)477-2750, Monday through Thursday, between the hours of 7:00 a.m. to 6:00 p.m. Sincerely, I City Planner oj'- .. 0 Civic Center Dr. · P.O. Box $07 · Rancho Cucamoaga, CA 91729-0807 ° Tel 909-477-2700 · Fax 909-477-2846 · www. ci.rancho-cacamonga.ca, us California Secretary of State - California Business Search - Corporation Search Results Page 1 of 1 Business Search Corporations I Prin~er Friendly Paee I New Search ISearch Tips The information displayed here is current as of "FEB 11, 2005" and is - updated weekly. It is not a complete or certified record of the Corporation. Field Definitions Istatus Definitions I Name Availability Corporation ICoroorate Records THE HABITAT TRUST FOR WILDLIFE CoroorateForm Records Order Number: C228770allOatB Filed:2 27/200 ll te us:suBpended ' ~ificates Jurisdiction: California copies Status Printouts Address I FAQS 439 WESTWOOD SC #144 ICoroorations Main Paae FAYETTEVILLE, NC 28314 I ISite Search Agent for Service of Process DOUG DOEPKE 1921 WHEATON AVE CLAREMONT, CA 91711 New Search · For information about certification of corporate records or for additional corporate information, please refer to Coroorate Records. · Blank fields indicate the information is not contained in the computer file. · If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 21J,4 for information relating to service upon corporations that have surrendered. Copyright (02001 California Secretary of State, Privacy Statement. http://kepler.ss.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C2287703 2/16/2005 CRAIG A. SHERMAN ATFORNEY AT LAW 1901 FIRST AVENUE, SUITE 335 SAN DIEGO, CA 92101-2322 TELEPHONE FACSIMILE (619} 702-7892 (619}-702-9291 Facsimile from the Law Office of Craig A. Sherman To: City Clerk From: Craig Sherman, Esq. Fax: (909) 477-2846 Pages (including cover): 41 Phone: (909) 477-2700 Date: February 16, 2005 Re: Comments For City Council Mtg 02-26-05 CC: City Arty James Markman: (213) 626-0078 [] Urgent [] For Review [] Please Comment [] Please Reply [] Please Recycle · Comments: Dear Deputy Clerk: Please distribute to the City Council for tonight's City Council Meeting and Agenda Item No. I(1 ) ** If for any reason the City Clerk has cannot forward this document to the appropriate City department, please notify this sender immediately. Thank you very much. Re: City Council - Feb. 16,200f Manager's Report, Agenda item 1.1 Proposed Resolution no. 05-071 HARD COPY TO FOLLOW VIA HAND DELIVERY THE INFORMATION CONTAINED IN THIS FACSIMILE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INTENDED RECIPIENT NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY COPYING OF THIS COMMUNICATION OR DISSEMINATION OR DISTRIBUTION OF IT TO ANYONE OTHER THAN THE INTENDED RECIPIENT IS STRiCTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE LAW OFFICE OF CRAIG A. SHERMAN AT THE ABOVE TELEPHONE NUMBER AND RETURN THE ORiGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S, POSTAL SERVICE. CRAIG A. SHERMAN ATTORNEY AT LAW 1901 FIRST AVENUE, SUITE 335 SAN DIEGO, CA 92101-2311 TELEPHONE FACSIMILE (819) 702-7892 (619) 702-9291 February 16, 2005 MAYOR and CITY COUNCIL City of Rancho Cucamonga c/o City Clerk 10500 Civic Center Drive Rancho Cucamonga, CA 91730 James Markman, Esq. City Attorney City of Rancho Cucamonga RICHARDS WATSON GERSHON 355 So. Grand Avenue, 40th Floor Los Angeles, CA 90071 RE: RESOLUTION NO. 05-071 CONSIDERATION OF A REQUEST FROM GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) TO HAVE THE CITY DESIGNATE HABITAT TRUST AS A QUALIFIED CONSERVATION ENTITY FOR THE PURPOSE OF THE MANAG1NG 54 ACRES OF OPEN SPACE PURSUANT TO AN OPEN SPACE TRANSFER PLAN 1N SATISFACTION OF THE REQUIREMENTS OF THE ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT FOR THE HENDERSON CREEK PROJECT Honorable Mayor and City Council: This office represents both Spirit of the Sage Council and The Habitat Trust for Wildlife, Inc. (collectively, "Habitat Trust") in this matter. My clients object and oppose the staff recommendation that the Habitat Trust bas not proven itself to be a "qualified conservation entity" for holding title and maintaining open space conservation land. By this letter, the Habitat Trust requests that the City of Rancho Cucamonga ("City") approve the Habitat Trust as "qualified" land trust and conservation entity, because there is no support for the City's determination and its definition and/or application of the term "qualified conservation entity" is arbitrary and capricious. By its definition and ruling, the City knowingly intends to cause harm and injury to the Habitat Trust in violation of statutory and constitutional protections. Page 2 of 8 February 16, 2005 City of Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity 1. The Habitat Trust for Wildlife is a Qualified Conservation Entity First, and foremost, the Habitat Trust for Wildlife is a Qualified Conservation Entity. The Habitat Trust is a 501(c)(3) non-profit public benefit corporation formed for the purpose of accepting conservation dedications, including land in fee. The Habitat Trust is duly registered with the Secretary of State Department of Charitable Trusts (Reg. # CT 123858), and meets the qualification for receiving conservation dedications pursuant to Internal Revenue Code § 170(h) & 509(a)(2). Thc Habitat Trust meets all thc reporting requirements under Federal and State Statutes. They meet the management requirements that are commonly practiced by land trusts. Furthermore, the Habitat Trust currently holds 308 acres of wildlife sanctuary land within the County of San Bcrnardino. The County of San Bemardino and the City of Rancho Cucamonga have already accepted thc Habitat Trust for Wildlife as a qualified conservation entity on two previous occasions. There have been no complaints lodged concerning the receipt and management of previous mitigation lands and funds. In fact, A & J Resources, one of the previous developers who transferred mitigation lands to Habitat Trust for Wildlife, expressed satisfaction in working with the Habitat Trust. (Exhibit 1). The City cannot, without substantial justification, based on arbitrary and capricious reasons, and without substantial due process, deny thc status of the Habitat Trust as being a qualified conservation entity. 2. The City Cannot Make Sufficient Findings to Disqualify the Habitat Trust for Wildlife as Being a "Qualified Conservation Entity." Thc Habitat Trust is more than willing happy to work with thc City of Rancho Cucamonga to resolve any alleged disputes and alleged deficiencies in thc documents that thc Trust has provided to the City. However, every time thc Habitat Trust provides information, thc city comes up with another mason to reject the Habitat Trust as being "qualified." Thc Habitat Trust has significant experience as a qualified conservation entity and currently holds 308 acres of conservation land within thc County of San Bernardino. Furthermore, thc Habitat Trust is a qualified organization under the IRC § § 170(h) & 509(a)(2) for receiving conservation contributions. Thc following analysis provides an initial response to thc City Staff's concerns: A. The City's proposed finding that the Habitat Trust does not have sufficient financial and/or staff resources is not supported by the evidence, is based on deliberately false information provided by staff, and deviates from accepted state and federal standards for operating non-profit land trusts (City proposed findings, No. 4.b, 4.c & 4.d) The Habitat Trust for Wildlife's list of board members has been available to the City through numerous sources. For example, the original list of board members is provided with the articles of Page 3 of 10 February 16, 2005 City of Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity incorporation filed with the Secretary of State. The current officers were identified in the statement of information on file and publicly available from the Secretary of State. Contrary to implications and misinformation stated and argued in the Staff Report, there is no statutory requirement to have more than three members of the board of directors. Cal. Corp. § 5151 (a). Please note that contrary to the staff report, two of the board members live in nearby communities. However, there is no legal requirement that the board members live in the same or nearby communities for qualification as a conservation entity. The following members currently serve on the board of directors for the Habitat Trust for Wildlife: Leeona Klippstein (President) 2002-2005 has over fourteen years experience as a conservation leader. Co~founded the nonprofit wildlife conservation organization "Spirit of the Sage Council" enforcing environmental regulations and successfully protecting over 2,000-acres of globally imperiled habitats. U.S. House of Representatives recognized expert, and invited speaker on Habitat Conservation Planning. A selected Advisory Committee Member of Western Riverside County's Multi-Species Habitat Conservation Plan. Carthage, North Carolina. Doug Doepke, PhD (Vice President) 2003-2005 has been a Board Member of County of Los Angeles Nature Centers since 1991. He served as President from 1991 - 1995 and has been the Vice President from 1997 - 2004. He lives locally in the area in Claremont, California. Marlene Trunnell (Secretary) 2004-2005 is a member of the Cherokee Nation with over 30 years experience working with various nonprofit and grassroots organizations, including those that are recovery wolf populations. A member and spokesperson of Spirit of the Sage Council for over a decade. She lives locally in the area in Montclair, California. Sharee Itemphill (Board Member at Large) 2004-2005 has previously served on boards for various animal rights organizations. Currently Sharee serves in the U.S. Armed Forces where she recently returned from a humanitarian mission in Bosnia. Montomery, Alabama. City staff has continued to assert that and the proposed findings of resolution 05-071 claims "no list of THT offices has been provided"..."and there is no indication that THT has any locally accessible offices from which their staff can respond to issues arising on the land." This proposed finding and misinformation by staff is another example of City' bad faith. This information has previously been provided. However, once again, the Habitat Trust submits the following list of the Trust's Offices. Southwest - 30 North Raymond Avenue, Suite 303, Pasadena, CA 91103 Southeast - 106 Rockingham Street, Carthage, NC 28314 Mailing- 439 Westwood SC 144, Fayetteville, NC 28314 Contrary by implications and statements made by city staff, the Habitat Trust does not rely solely on volunteers to perform management tasks on our Nature Sanctuaries. While the Trust does utilize volunteers, it also works with well qualified scientists and educators to assist in the management as needed. Just as the County Open Space District has contractors at the museum to assist in management, the Habitat Trust has qualified scientific advisors and educators to assist in land Page 4 of 10 February 16, 2005 City of Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity management. Further, the Habitat Trust also has a greater ability than the County to hire additional biologists rapidly if needed, rather than waiting for County Board approval of contracts and funding allocation. The Habitat Trust has an active board that takes on many administrative tasks, including monitoring of the Nature Sanctuaries. In addition, there are consultants and independent contractors that are hired as needed. To date the Habitat Trust has hired and paid Travis Longcore and Associates, James des Lauriers, Leeona Klippstein, Brian Harley, Doug Doepke, Phillips Landscaping Services, Law Office of Craig Sherman, Coast Law Group LLP, Dennis Rickman and Associates Tax Services and others for services pertaining to land management, scientific research and reporting, administration, legal defense, book keeping and accounting. The Board of Directors of the Habitat Trust is quite capable of hiring personnel as needed, including identified qualified biologists and ecologists. The proposed decision of City shows the arbitrary attempts of city to disqualify the Habitat Trust based on the failure to provide a recent audit of the Habitat Trust's financial records and compliance with annual audit requirement. First, the Habitat Trust has provided significant financial information, including attachments to IRS From 990 and the profit loss statement for Fiscal Year 2003. In addition, the Habitat Trust provided the most recent audit from Social and Environmental Entrepreneurs, which was the predecessor trust that originally accepted a portion of the North Etiwanda Wildlife Sanctuary which is now a portion of the acreage owned by the Habitat Trust for Wildlife. Secondly, there is no requirement that the Habitat Trust provide a yearly audit. According to Government Code § 12586(e): Every charitable corporation, unincorporated association, and trustee required to file reports with the Attorney General pursuant to this section that receives or accrues in any fiscal year gross revenue of two million dollars ($ 2,000,000) or more, exclusive of grants from, and contracts for services with, governmental entities for which the governmental entity requires an accounting of the funds received, shall do the following: (1) Prepare annual financial statements using generally accepted accounting principles that are audited by an independent certified public accountant in conformity with generally accepted auditing standards... (emphasis added). Because the Habitat Trust has not had a fiscal year of gross revenue in excess of two million ($2,000,000) an audit has not been required. The requirement that the Habitat Trust provide such audit is not supported by law and cannot be considered a factor in determining the fitness as a qualified conservation entity. The Habitat Trust for Wildlife has complied with all Federal and State reporting requirements, and is currently registered, in good standing, with the State Attorney General's Registry of Charitable Trusts. (CT 123858). Page 5 of 10 February 16, 2005 City of Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity B. The Submitted Habitat Management Plan is Sufficient and will be amended when sufficient information is made available. The City's proposed finding that the management plan is defective is based on deliberately false information provided by staff, and deviates from accepted standards for management plans, such as the once the County OS-1 Board uses for its lands. (City proposed finding, No. 4.c ) Habitat Trust for Wildlife submitted a detailed and extensive management plan to the City. However, certain information is not currently available. For example, the precise acreage of each "tree dominated.natural communities" is not available because the acreage of the nature sanctuaries are currently being added. Because the 54-acre land area in the proposed decision and resolution has not been identified, there is no way for the Habitat Trust to create the site specific plan that City is demanding. Also, because the 54-acre land area in the proposed decision and resolution has not been identified, there is no way for the Habitat Trust to create the site specific plan that City is demanding.~ The complaint that the management plan is adapted from the North Etiwanda Habitat Preserve Management Plan, 2001 USFWS, CDFG, San Beranardino County Open Space District 1, is specious. There is no requirement that the Habitat Trust for Wildlife reinvent the wheel. Adapting the plan from the neighboring habitat preserve is completely appropriate and proves that the habitat management plan is sufficient under the law. Furthermore, habitat conservation requires attention to preventing disturbances, and maintaining the status quo, as opposed to active management that may be envisioned by the City. The Trust Management Plan/Operations Plan cannot be objected to in any reasonable way by the City. If there are any perceived deficiencies in the management plan, then the Habitat Trust for Wildlife requests the opportunity to work with City Staff to address the City's concerns. The Habitat Trust has been unclear with the City's requirement for a "Proposed Operations Plan." Much of what the City may be requesting is incorporated into the Sanctuaries' Habitat Management Plan. As noted in the Habitat Management Plan, the "First Priority Actions" will include: 1. Regular site monitoring and patrol will be performed. The purpose of the initial patrol is to identify incompatible human activities such as trash dumping, vehicular encroachments, shooting, gate damage, and equestrian activity. Remedial action, such a banicade enhancements will be performed as necessary. While the Habitat Trust is under contract, pursuant to an out-of-court settlement with the developers of the Henderson Creek project, to receive 86 acres of nature sanctuary in the local area, there is no indication in the staff report that this 54 acres has anything to do with the contractually and specifically identified 86 acres in the July 16, 2004 Settlement Agreement. And, it should not otherwise the City's action will amount to a direct and deliberate interference with contract, business relations, and a Constitutional 5th amendment taking. (See below discussion.) Page 6 of 10 February 16, 2005 City o f Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity 2. Institute a system of regularly patrolling accessible preserve perimeter. A private security service may be retained for this function. 3. Survey property comer markers will be established and maintained 4. Trash will be removed when discovered 5. Signs posted along essential roads advising public visitors that the nature Sanctuary is an important habitat area, off limits to unauthorized public use. 6. Perimeter sanctuary and no-trespassing signs will be installed... As is readily apparent, the "Operations Plan" is incorporated into the Nature Sanctuaries Management Plan and should be sufficient for the City's purposes. The list of action items continues throughout the management plan, identifying additional first priority actions, second priority actions, additional actions and permissible actions. However, Habitat Trust for Wildlife is willing to consult with City Staff to resolve any additional concerns that the City may have regarding the Habitat Trust's proposed operational plan. 3. The City has failed to provide notice and has violated procedural due process to the public and the Habitat Trust regarding the "formulation of criteria" for determining what is a qualified land trust or conservation entity in the City of Rancho Cucamonga (City proposed criteria, Nos. 4.a through 4.d) The City cannot adopt Staff's recommendation, proposed resolution No. 05-071, and the proposed policy or "criteria" on February 16, 2005 without violating the Habitat Trust's and the public's right to due process. The Fourteenth Amendment of the federal Constitution provides that "(n)o State shall ... deprive any person of life, liberty, or property, without due process of law." (U.S. Const., amend. XIV, § 1). California's Constitution provides even greater due process protections. See Pipkin v. Board of Supervisors, 82 Cal. App.3d 652, 660 (1978). These Constitutional mandates have been applied such that, before taking an adjudicative action that deprives a reasonably identifiable citizen of"life" or "liberty," a public agency must provide that citizen with timely, particularized notice of the action. The City of Rancho Cucamonga has run afoul of this mandate. Due process considerations need only be considered to the extent that the proposed action is "adjudicative" in nature. Adjudicative actions relate to "matters in which 'the government's action affecting an individual [is] determined by facts peculiar to the individual case. (Citations omitted)." Horn v. County of Ventura (1979) 24 Cal.3d 605,613. Legislative acts, on the other hand, are those "which involve the adoption of a 'broad, generally applicable rule of conduct on the basis of general public policy. (Citations omitted)." Id. The action recommended in the Staff Report is both adjudicative and legislative in nature. First, the Staff Report recommends that the Council "(d)etermine that the Habitat Trust has not demonstrated sufficient qualifications as a conservation entity for the required open space transfer and direct the Page 7 of 10 February 16, 2005 City of Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity property to be transferred to the County of San Bernardino Special Districts OS-I." To implement this recommendation the Council would have to take an action that (i) affects an individual (i.e. the Habitat Trust), and (ii) "is determined by facts peculiar to the individual case." Second, the recommended policy or "criteria" seeks to invoke "broad, generally applicable rule of conduct rule on the basis of general public policy," it is considered "legislative." Accordingly, the proposed action is both adjudicative and legislative and impinges on the Habitat Trust's and other land trust entities' rights to procedural and substantive due process. 4. The City's proposed adoption of "criteria" for "qualified conservation entities" is unconstitutionally arbitrary, vague and ambiguous, as both adopted and applied to the Habitat Trust (City proposed criteria, Nos. 4.b & 4.d) Despite failing to circulate and notice the public as to its policy that would disqualify potentially all land trusts from doing business within the City, the City cannot adopt Staff's recommendation, proposed resolution No. 05-071, and the proposed policy or "criteria" on February 16, 2005 without violating the constitutional principals which forbid the adoption of rules that are vague, arbitrary, ambiguous, and uncertain. The proposed action stands to deprive the Habitat Trust and all state, federal and other recognized lands trust of being "qualified" to hold and manage open space lands in the City (or elsewhere), based upon, for example, whether (1) the entity "demonstrates sufficient capability in terms of resource, available staff, and offices..." and (2) the entity is "accountable to members of the immediate community." These specific terms and phrases are unconstitutionally vague. For instance, what does Cit mean by "sufficiently capable"? That it can respond to a call, query or issue? That it has a phone line that calls or contacts are received and responded to daily? That it has full-time staff paying attention to these matters? While the Habitat Trust meets all of these qualifications, the City has denied it certification or qualification. And, just what does the terms "resources" mean? The City has worded this policy or criteria that it can mean just about anything, including money, manpower, trucks, operations center., etc. Based on these criteria, the City can deny any organization from being a "qualified entity." Regarding "accountability" to members of the public, there are federal, state, and local laws which "account" for the "accountability" of land trusts. There are enforcement rights maintained by local, state and federal agencies based on police powers and explicit rights reserved in the conservation and easement deeds which are recorded in land trusts' and the Habitat Trust's deeds. But, by its proposed action, is City requiring that all "qualified" land trust entities be some other unstated form of corporate membership or open meeting organization? The proposed City's findings refiect the arbitrariness of criteria 4.d, and the information regarding location of offices, internet access, and availability of full-time staffare examples of the openness and responsiveness of the Habitat Trust. Page 8 of 10 February 16, 2005 City o f Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity Not only are many of the proposed adopted criteria of resolution No. 05-071 arbitrary, vague, ambiguous and uncertain on their face, but they are being demonstrated to be so as applied to the Habitat Trust in association with City's action. Also, the proposed action would deprive the Trust of a property right protected under the due process clause. The City has authorized, acknowledged and previously assented that the Habitat Trust was qualified to acquire and manage the subject and other CEQA mitigation lands as part of the City approved projects. By its action, City is seeking to interfere and disrupt known existing and future property rights based on the doctrines of equitable conversion (see In re Estate of Dwyer, (1911) 159 Cal. 664, 675), interference with contract and bill of attainder. The City cannot attempt to dispossess the Trust of an equitable right without due process of law. (Cameron v. United States, 252 US 450, 461 (1920)) 5. The City's proposed action of City may constitute and unlawful business tort, government interference with contract, or unconstitutional taking. The recommendation of the Staff Report and intended action of the city council to "direct the property to be transferred to the County of San Bemardino Special Districts OS-l," under most circumstances would proper, except for the fact that it is possible the subject "property" might possibly be under contract to be donated and transferred to the Habitat Trust pursuant to a July 16, 2004 written agreement and for which there is an active escrow for said land transfer (Agreement"). As indicated above in footnote 1, the City does not identify or describe the 54 acres determined to be a part of land transfer to the County. If the City is taking action with respect to land which the Habitat Trust has under contract and in escrow, the below principles are invoked and are deliberately being acted upon and infringed by City. The Habitat Trust and Henderson Creek (and successor entities) are under a separate contract for the conveyance of specifically identified conservation land (APN 225-061-02 and APN 225-041-05) and which is attached to said Agreement. Thus, the City may be intentionally seeking to frustrate the purpose of the contract, agreement, and escrow, which includes the transfer of property by the developers of the Henderson Creek Project to the Habitat Trust. Although the obligations of the developer pursuant to the settlement agreement may not be affected by the action, because the City's action may potentially dispossess the Habitat Trust of its property right, substantive due process and takings implications may be invoked, if the city is trying to deny or convey to the Coounty, 54 acres which is a part of the separate transaction's 86 acre deal. Because the City is aware of the settlement contract between the Habitat Trust (and has promoted the same to LAFCO in its annexation proceedings)2 and the developers of the Henderson Creek Project, 2 All of the information and documents contained in City's LAFCO application and proceedings relating to Henderson Creek (LAFCO 2964) are incorporated herein by reference. Page 9 of 10 February 16, 2005 City of Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity such action may cause City liability to the Habitat Trust for tortious interference with contract, interference with business relations, deprivation of a contractual or constitutional fight, and/or a fifth amendment taking. Also, as the city is aware, there is no condition or clause in said Agreement which requires any City approval for that Agreement to be effective or implemented. The existence of this known land transaction and existing escrow, which is now scheduled to closed escrow, stands to be interrupted by City's action to possibly convey away possible rights to overlapping or duplicative acreage. The City must ensure that the 54-acres that it is acting upon is not that land entitled to the Habitat Trust by said Agreement, otherwise liability will result and litigation will be forced to ensue. The recommended action would constitute an unconstitutional taking. The Fifth Amendment to the United States Constitution prohibits the government from taking property without providing just compensation. If implemented, Staff's recommendation would violate this rule. Habitat Trust has entered into a contract to possibly acquire this same Property. This contract, through the doctrine of equitable conversion, establishes that Habitat Tmst is the equitable owner of the property. See In re Estate of Dwyer (1911) 675 159 Cal. 664. The property, therefore, cannot be "taken" by a govenm~ental body unless the Trust is provided just compensation. The Staff Report, however, recommends that the Council "...direct the property to be transferred to the County of San Beruardino Special Districts OS-1 .' Though this action would be a governmental taking, the Staff Report does not recommend that the Council compensate the Trust. The Council must therefore refrain from adopting Staff's recommendation. The recommended action would also violate the Contract Clause of the federal Constitution. Article I, § 10, of the Constitution provides that "(n)o State shall.., pass any... Law impairing the Obligation of Contracts." This Article has been interpreted such that laws which "severely" affect an individual's rights under a contract must be "necessary to meet an important general social problem." Allied Structural Steel Co. v. Spannaus (1978) 438 U.S. 234, 246-247. This rule, as applied, prohibits the Council from adopting Staff's recommendation. Habitat Trust contracted for the acquisition of the Property. If the Council adopts Staff's recommendation to "...direct the property to be transferred to the County of San Bemardino ...", the Trust will be deprived of its right to the Property. This deprivation would severely, and indeed absolutely, impair the Trust's contractual rights. Further, because the action is arbitrary and relates to the Trust's fight acquire a specific parcel of land, it cannot be "necessary to meet an important general social problem." The Staff Report, therefore, recommends that the Council take action in violation of the Constitution's Contract Clause. The Council should reject that recommendation. Should the city not have these readily available for review, this writer can provide them upon request. Page 10ofl0 February 16, 2005 City of Rancho Cucamonga Re: Habitat Trust for Wildlife as Qualified Conservation Entity Also, a governmental action that detrimentally impacts an individual's reputation may deprive that individual of "liberty." "Where a person's good name, reputation, honor, or integrity is at stake because of what the government is doing to him', the minimal requirements of the (Due Process) Clause must be satisfied." Goss v. Lopez 419 U.S. 565 (1975)(citations omitted); See also, Lubey v. City and County of San Francisco 98 Cal.App.3d 340, 346 (1979). This is particularly true where the harm to the individual's reputation would make it more difficult for the individual to do business or find employment. Id. The action recommended by the Staff would impact Habitat Trust's reputation in a manner that deprives the Trust of a liberty interest. Staff recommends that the Council "determine that the Habitat Trust has not demonstrated sufficient qualifications as a conservation entity ...." Such a determination, however, is likely to affect the Trust's "good name, reputation, honor, and integrity" such that it would be more difficult for the Trust to acquire property in the future. As it would burden the Trust's future ability to do business, the impact on Habitat Trust's reputation constitutes a deprivation of liberty for due process purposes. Furthermore, the Habitat Trust currently holds 308 acres of conservation land in trust in the County of San Bernardino. The City has previously accepted the Habitat Trust for Wildlife as a qualified conservation entity. (See Exhibit 2). Nothing has changed since that time. There have been no complaints with the prior management of the sanctuaries. (See Exhibit 1). Because the City will be making a determination that will affect the good name and reputation of an organization that is currently in good standing as a qualified conservation entity, there must be proper due process provided to the Habitat Trust for Wildlife. 4. CONCLUSION The decision to disqualify the Habitat Trust as a qualified conservation entity is unsupported. The proposed policy and criteria to be adopted for "qualified" land trust entities is impermissibly vague, ambiguous and/or arbitrary. The action to potentially divest the Habitat Trust of land which it is under contract to receive is an unlawful interference and/or fifth amendment taking without due compensation. The proposed decision infringes upon an important property right and liberty interests held by the Habitat Trust and other land conservation trust entities (who would have standing except for land of notice). The City has failed to provide proper notice for the purposes of due process. For these individual and collective reasons resolution No. 05-071 must be denied. Craig A. Sherman Attachments (30 pp.) Exhibit 1 ~anua.ry 20, 2005 RI:: Tho Habitat Trust for WiMILfo, ha¢. To whom it m~,¥ concern, BCA Development, Mc, ia a privmte land development and home building compeny with ongoing land development projects in the ci~ of Pamcho Cucamon~&, BCA Development, Inc. eld B~a C. Anderson, representing A & J Resources, Inc. CRand~o Etiwand~ Bstmes) ~nd prier ~ IJCT, lac. / Sun Cai (Rancho Btiwand~) repzesentalive has had the oppollurdry to work w~th The Habitat fez Wildlife, he., a 501c3 llol~profit land txuat tluollgla rcpresentalivcs anc[ legal counse~ for the organlz~tion. Durln8 the entitlement alld approvals of both projects, we worked closely to reach se~lemom oflifig&1~oll and acquisition and tnmsfer of offilite habitat mitiisl~olt lallds fo: open apace conservation measu~s, la both Rancho Etiwaad~ and Rancho l~tiwanda E~tatcs, The Habitat Tm~ Fei' Wildlife, Iai. worked as the non-profit conservation clRily. The land ~r~fet'ence for both development projoct~ to Ille Habital Trust for Wildlife, Inc. went smoothly and BCA Development, Inc. contlnuea to have a positive experience with the orsanlza~on. Anderson Pr~sldem 17780 Fitch $~'eer, Suitg 12~, lrvfae, CA 92614 Telephoee (949) 863.10~ -Fsx (9~.¢) FEB--02-2005 ~1:20 AM SAGE.COUHCIL~$E~OFFICE 910 94? 5091 P. 05 Feb O1 2005 l:51PM Crai~ R. Shepman, Es~. G197029291 p.3 a QudJlJed Cou~r~m~m Buu~/, Flful mneudal oou~wnt ]surf of'~ mo dins, 02/01/2005 1a:27 FAX 3238883 G~oo~ FAX TRANSMISSION COVER SHEET DATE: "Itmmam/.~l~3008 _ TIME: 4'kge-~M- NO. OF P/M3ES; 3 TO: (INCt. UDIN{3 COVER 8H E~') NAME: HABITAT TRUST FOR WILDLIFE OFF)CE: LOCATION: _~0 NORTH RAYMOND AVENUE, SUITE 303, P ~-P--~_mNA. CA S'1103 FAX NO: , (gl0) ~474081 PHONE NO: (~2~) 67~411S PROM: NAME: NIOHOLA~ J. RICE-BANCHEZ OFFICE: . Atto;~&y General'-. C~,.,~. Rigletry of Ghlr!~-~b~ Trult -- LOCATION: ~,~-";~.mmnlo FAX NO: {e18) 444-3a8'l, PHONE NO: :. , (El'e) 44~-2022 ! qe ,, /INS UcTiOMs .. To Whom It May Concern: Per your request Is a copy ,of. the reglatratlon notice that Wlll'be forwarded to o ,..~,a~. lallgrl~ flumDIIr. Thank you. Nicholas PLEASE DELIVER AS SOON A8 PO881BLE! FOR ASSISTANCE WITH THIS FAX, PLEASE CALL THE SENDER JU8 13~ 02/01/200~ 18:2T FAX 3Z38883 ~00~ BILL LOCKYE~ DEP~TMgNT OF p I~ 13~T .O. BOX 9~7 ~mDe: HABITAT TRUST FOR WILDLIFE IN 9.EPLY, PIE.ASR KEFF, R ~0 NOP. TH RAYMOND AVENUE SUITE ~0~ TO OUR ~ NO. CT 1~8~8 PASADENA, CA 91103 RE: REGISTRATION Wi'iH TH~ A'I'rORNEY GENERAL'S OFFICE · You are registered with llm Alfomey Genorsi's Office and have b--- ---; m u~Su~ me state registration ~su u~n m:oouanng l~noo. You must soY'lee us o£any ~lr~ss change,e. sa Our r~ords indicate that YOur accounting peflod ends annuidiy on DECEMBER 31 Ifit is not co~ect, please inform us. Pr°~de a copy o£ the origiP, si ~NDORS~D e.rticlo~ of ilxoolporation and ]~,~[])O:~,~,~.D ~rovide a copy of your bylaws. If you have not received flmda or a~s~s by tho end of your fir~ accounting period, please inform us, You must "operate" ~o quality' for tax ~emption. [] ~porCin..~ is?ow ~qui~d~ ~fo._r the pm accounting period(s) endin~ 12/3 t.~enct a copy-oz~ t*'orm 990, 990EZ, or O90PF.) If your receipts and asse~ are leas than $25,000 fill in thru foliowina and remm e oompleted copy of this letter to this Total grc, eip~ during the last ye. ar were: $ Total ~s~ts,*,~ th~ ~d of last year we~.- $~ D° YOu cxpe'~t future receipts/assets to ~in below $25,0007 Yea No, sa Provide a Ust of your cuffent trustee/director9 with their mailing sa Provide · , a copy ofthz Internal Revenue Serv~c~ dvt~munat~on lett~rr which exempts you ii'om federal /ncome tax, If you have not yet obtained such a lolizr, provide a copy ~s soon ss it is available. The gogis~ration/R~OWsi Foe Ropor~ (RRF-I) mu~t be'filed anau~ly four mo~ths md 1 ~ days the end of your aceoun~ng p~od, If you havo filed for m IP.S extension, plosso send in the RRF-1 when your IRS , tax return i~ eomplemi, sion6 wi~h copiss of ail extension requests. Forms are V ' ~ a~lablo on our wzbmto aT http://ag.¢a,aov/ch~tifies' Complele the enclosed CTI form, FEB--O2--200§ 08:24 AM SA~£.COUNCIL*$E~OFFICE 918 947 5~91 P.04 0~/01/20D$ 16:88 FAX 3~'~8883 ,ranuary 31, 2005 Charitable trustees should lac aware of and adhoro to thc etatutory requirements relating to obligations and duties of trustees as set forth in California Probate Code section 15000, et seq, ~Yo .ur di~?. tots should adher~ to the provi?inus of the No .n~?flt Colporation Law, particularly Corporations ~O(lC sections $230-5260 relatinll to standards of conduct, mve~tl21ent8, examination by the Attotuc~/ O~eral, Ired compliaatee with the Internal Revenue Code. Tiao code should be available in a local library. I/this organization uses & commercial fund.raiser to solicit in California, then that flmd-rais~r tuust also register with this office. Sincerely, 'Nor SUE ROBERTS, Stsff Sexvice, Analyst Rosistry of Charitable Trusts For BILL LOCKYER 'Attomey'C~enoral. IIlIS LEI~EIi SItOTI~ .~ lie KEPT WITH YOUR PERMANENT RECORI)~ P.O. Box ~1447 ~,,~...~,c^.4;o=~?o STATE OF CALIFORNIA wEB m~ ~R;,~: OFFICE OF THE A~ORN~ GENE~L ~,~:,..,~.rm~ REGISTRY OF CHARITABLE TRUST8 (O~rnment CO~ 8ectlonB t~600.128~,7) ~1 nlm ~ milling Iddms ~ o~inlzBtlon: Federal Emplo~r lde~lfleatlon Number: , co · ~9 ~~ ~t~ m m~orO~anT~tlon Number: 1, Nl~e end addm~ee ~ A~ ~ee or dtmcto~ and o~cem (a~ch a IIM If ~e~aa~): 2, A~ch a e~me~ folly deeodblng the pd~ a~lvl~ ~ t~ o~an~tlon. (A copy ~ t~ ma~dal eubm ~ed ~h ~ application ~r ~deml or e~ ~ excretion wilt no.ally provide thio Infm~tl~,) 3. If the o~anl~tlon II ~eed outal~ ~ll~omla, comment ~lly on ~e e~ ~ a~vltle. In CalHom~ and how the Cal~mla acUvltlee mla~ ~ t~l letlvltl~, In eddRIon, Ilar all fund~, pmpe~, and other aeee~ held or ex~ed to ~ ~ld In Cal~la. Indlca~ ~et~r you am ~n~omd In ~ur ho~ e~, and B co, by ~om, 4. If aelm (~nde, pm~, ~e.)hive ~en received, en~r the da~ fl~t ~celvad: Annual ac=~nUno ~dod ado~d~ ~ Fleaal Year Ending , , CIIlfldlr Year 6. A~eh ~ur founding docu~n~ ne follo~: ~. Fumleh ~ =opy of ~e a~elee of Inco~mtlon and all a~nd~n~ end cu~ bHnwa, If Inco~m~d ou~lde California, en~r the da~ the eo~omtlon q~llfl~ ~h the Cal~nla ~ 8~'e ~ee to conduot e~lv~e In B) ~eoclMIone - Fumleh a copy ~ ~e Inetmmont cmaUng t~ o~nl~Uon (b~we, conet~lon, anmor a~lclee ot aeeoc~tlon). C)T~ - Fumlah I copy o~ ~e tmet I~tmmant or ~11 and decm of final dla~butlon. Hee t~ o~nl=tlon ipplled fo~ or b.n gmn~ IR9 ~x exem~ e~ Yea ~No ~ . ~ ~ of appll~Uon OR dn~ of de~l~tlon le~r ~ If g~d, exem~ under 60t(o) ~. Am =onMb~ to the o~nl~on tax dedu~e Yea ~ No ~ A~ch · copy ~ ~e ~t exemption d~n~on I~r, ff avMlable. CT-I CHARJTY REGISTRATION FORM State of California Kevin Shelley Secretary of State ~TATEMEHT OF INFORMATIOH ~TUOO0 $/C #~44 FAYETTE¥II. LE NC 3, M~c.~9~ .CA AGENT'S N,A Iv~: ..... .~ C) ~:~t' ...................................... 9. ~ C~E~KHE~E~FTHE~OApO~T~N~$ANA~8~C~AT~NFO~EDTOMANAGEACO~N~NTERE~T~EVELOpMENTUNDERTHEDAV~8. ~TIRLING COMMON INTEREST DE~L~ENT ACT AND PROCEED TO iTeMS 1~, f 1, 12 AND 13 .~OC)ATtON [[ORM 8~C O[A8 REQU REO BY CALIFORN~ CIVIL COO~EC~j83 6 PLE~UCT ONS O~ THE REV~R~ ~, ~AMe AND AODR~SS OF A$~TtON,~ ~NAGING AGENT. IF ~NY CI?Y ~TATE ZI~ COB~ ~l-lOO TITLE I ~ "State of Californ'ia' ~ Kevln Shelley ~ ~A~ME~ OF INFO~ATION FEB-O~ 2005 TUE 0?:29 PM In~raues~ Hos~i~ali~ F~X NO, ~305846290 P, 02 SETTLEMENT AGREEMENT ~ THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered this ~ day of April, 2002 by and among the Spirit of the Sage COUNCIL, an unincorporated non-profit association ("COUNCIL"), The CITY of Rancho Cucamonga ("CITY") and A&J Resources, inc. C OWNER"), all of whom may hereafter be referred to individually as a "Party" or collectively as "the Parties". RECITALS WHEREAS, on June 24, 1991, the Count~, cf San Bernardino in the State of California ("COUNTY") approved development of the University/Crest Project ("University/Crest Project")~ including approval of pUD/g7-0104/W121-49/PUDP; PKELIMINARY DEVELOPMENT PLAN; PD/89-0163/W 121-49/TR 14605; PD/89/0164/PUDF (MASTER); PD/89-0173/WI21-5/TR 14492; PD/89-0172/W121-55 PUDF (MASTER); PD/89-0175 THROUGH 0182/WI21-55/TR 14493-L4498 & 14522 & 14523; and PD-89/0174/WI21-55 / PUDF (collectively "the 1991 Approvals"). On June 24, 1991, the COUNTY also certified Final Environmental Im 3act Report No. 88082915 for the University/Crest Project; WH3EREAS, on July l 1,200L the CITY approved a revisit n to the University/ Crest Project, identified as the Rancho Etiwanda Estates Project. v, hich modified the previous entitlements granted by County; and, on the same date, in aceordance with CEQA and the Development Code, CITY certified a Supplemental EIR (SC[~ No. 88082915) in connection with the Rancho Etiwanda Projeet C'SEI] ."). The CITY's certification of the SEllL inter alia, approval ora zoning change an Development Agreement for the Rancho Etiwanda Project, (collectively the "20~3 Approvals"); WHEREAS, on August 17, 2001, the COUNCIL filed,aa a Iion entitled "Spirit of the Sage COUNCIL v. the CITY of Rancho Cucamonga, et al. , in he San Bemardlno County Superior Court, Case No. RCV 057112 (the "Action") clai ning, inter alia, that the 2001 Approvals and the CITY's certification of the SEI~ was invalid for failure to comply with certain requirements of CEQA~ including: the project was imp-operly defined, inadequacy of bio ogieal surveys and streambed/floodplain analysis~ inadequacy of' mitigation and consideration of alternatives, failure to adequately sess and mitigate impacts, and that the 2001 Approvals were not supported by snbst; ntial evidence. In the Aetinn, the COUNCIL sought, inter alia, a Walt of Mandate, decla~ atory and injunctive relief against the CITY and OWexlEP.. as the OWNER and develop, :r of Rancho Etiwanda Estates, to prevent impleanentation of the 2001 Approvals and eau., e the preparation ora new and subsequent EIR; FEB-01 2005 TUE 07:30 PM I,[ra.es[ Hos~i[alit~ FAX NO, 5305846290 P, 03 WH~EREAS, the CITY and OWNER contend (and COUNCIL disputes) that the Rancho Etiwanda Estates Project was properly and lawfully approved in accordance with CEQA and in compliance with all other requirements of law, and contend that COUNCIL would not be entitled to any relief which it seeks in the Action or to any relief whatsoever; WHEILEAS, the Parties recognize that it is in the interest of each of them to resolve these concerns thi'ough compromise and increased commitment of cooperation and understanding among the Parties with respect to development of the Pdmcho Etiwanda Estates Project; V~IEREAS, the Parties desire to resolve and settl~ the Action and any claims which the COUNCIL (including any interest represented bY COUNCIL) may have or assert now or in the future against the CITY and/or OWI~R in connection with the 2001 Approvals and development of the Rancho Etiwanda Estates Project (hereinafter "claims of COUNCIL") by entering into this Agreement, and by dismissing the Action with prejudice. ' AGREEMENT NOW, THEREFORE, in consideration of the above recitals, and the mutual promises, covenants and conditions herein contained, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree aa follows: 1. Development of the P,~aneho Etiwand~. Estates Project. The Parties agree that the dispute between the parties and all claims of COLrNCIL, whether stated in the Action or related to allegations set forth in the Action concerning the 2001 Approvals and the development of the Rancho Etiwanda Project can be resolved through the creation of new offsite mitigation and through funding of the conservation and preservation of such new offsite mitigation. In order to accomplish this resolution, the Parties agree as follows: 1.1 Offside Mitigation. 1. I. 1 OWNER. agrees to use diligent, good faith efforts to acquire 174 acres, in connection with the satisfaction of the open space land mitigation requirement of CITY and the SEI1L, which land is presently owned by Etiwanda Highland Properties Limited, a California Limited Partnership ("Seller"). The property to be acquired is identified as Assessor's Parcel Numbers 0225~061-01, 0225~061-22 and is more particolafly described in Exhibit "A" attached hereto (the "Mitigation Land"). Within ten (10) business days following the execution of a mutually acceptablepurchase agreement between OWNER and Seller ("Agreement"), OWNER and Seller shall open an escrow for the purpose of acquiring title to the Mitigation Land and conveying title to the Parties' designee as set forth below (the "First Escrow"). The escrow office to be used shall be selected solely by OWNER. Subject to any circumstances warranting an extension of time, the First Escrow shall close not later than December 30, 2002. OWNER agrees to give written notice to COUNCIL of any extension of closing beyond December 30, 2002. FE?01 2005 TUE 07:30 PM ]n[r~.est Hospltali[y F~X NO. 5305848290 P, 04 I. 1.2 Concurrently with the First Escrow, OWNER, it agents or representatives, shall cause a second escrow (the "Second Escrow") to be opened for the purpose of conveying fee title to the Mitigation Land to COUNCIL's designee, The Habitat Trust For Wildlife, a California public benefit 501(c)(3) corporation (" The Habitat Trust"). The costs of the Second Escrow shall be paid equally by OWNER and The Habitat Trust. COUNCIL hereby approves the Mitigation Land as "[easonably suitable for conservation and preservation purposes", as defined below. The conveyance to The Habitat Trust shall be subject to such covenants and conditions as are necessa[y to limit the use of the Mitigation Land for conservation and preservation purposes, including, among other things, that The Habitat Trust and all of its successors-in-interest, hold the Mitigation Land in trust for conservation and preservation purposes in perpetuity. It is the intent of COUNCIL and The Habitat Trust that the Mitigation Land be subjected to such deed restrictions, after obtaining title from OWNER, limiting the use of the land for conservation and preservation purposes so as to qualify under the Open Space Easement Act or similarly appropriate ordinance or law. For purposes of this Agreement "reasonably suitable for conservation and preservation purposes" means that- (1) there are no significant defects or conditions of title, or (2) there are no physical defects in the land introduced or caused by human intervention, such as latent chemical contamination, which would (as to both I and 2 above) negate the usefulness of the land for conservation or preservation purposes By execution ofthls document COUNCIL agrees as fo[!ows: (2 COUNCIL has received and approved the Prelimina_rv Title Report to the Mitigation Land (Fidelit. v National Title Company/Order No. 9722173 dated February 14, 2002) and the Amended Reporl, Order No. 0722173-A (hereinafter referred to jointly qs "Title Report") and (bi COUNCIl. ap_nroves the Title Renort without ob_~ection and aooroves and aece_pts the Mitigation Land as "reasonably suitable for conserv~gion and preservation pumoses,, Subject to any circumstances warranting an extension of time. the Second Escrow shall close on the date of actual beginning of the grading operations upon the Rancho Etiwanda Estates Project following issuance of final grading permits for the subject project by CITY. 1.1.3 OWNER agrees that, so long as COUNCIL has not violated this Agreement, it will refrain from any ground or surface disturbance of the real property comprising the Rancho Etiwanda Estate5 Project until the Second Escrow closes; With the exception of such limited testing or experimental purposes as may be reasonably necessary by OWNER for planning and/or engineering purposes. 1.2 Conservation and Preservafio~l. Fqcding 1.2.1 OWNER agrees to pay the sum of ONE HUNDRED TWENTY FIVE THOUSAND dollars ($125,000) to COUNCIL upon condition that the payment shall be used for the purpose of conserving, maintaining and promoting the Mitigation Land identified in Section 1.1.1 ("Preservation Purposes"). OWNER shall deliver $50,000 of the above payment upon execution of this Agreement by the Parties, and the remainder of the payment ($75,000) upon closing of the Second Escrow. _.2 FE~-O1-2005 TUE 07:31PN Int~a.~st Ho~pi~ali~ F~× NO, 5305846290 P, 05 12.2 In addition to the payment described in 1.2.1 above, OWNER agrees to pay the following for Preservation Purposes: a sum equal to the total number of residential lots included on the Final Map of Rancho Etiwanda Estates as finally approved by CITY multiplied by five hundred dollars (5;500). This payment (hereinafter "Final Preservation Payment") shall be delivered by OWNER to CO!]NCIL in increll*enta! pavmen!~s Quarterly, Each quarterly payment shall equal the sum of $500 multiplied by the total number of residential building permits issued by CITY upon lots in Rancho Etiwanda Estates during the previous quarter (three month period), hereinafter "Quarterly Payment". The first "quarterly period", for purposes of this Agreement, shall mean a three month period beginning upon the first day of the month following the month in which the first Rancho Etiwanda Estates residential building permit is delivered by CITY. Thereafter, the quarterly periods shall be calculated as the end of each subsequent three month period following tbe first quarterly period. OWNER shall deliver the Quarterly Payments no later than the end of the second full week of the month following each quarterly period to COUNCIL at the office of Craig Sherman Esquire. OWNER shall, provide copies of. all building permits issued by CITY during any single month and all building permit applications filed by OWNER with CITY during any single month~ The copies shall be delivered to COUNCIl, on or before the tenth business day of the month after the month of issue or filing application of any dwelling unit building permit. l 3 Exclusive Right To Hilrvest. At least fourteen (14) days prior to commencement of'grading of the property (subject of the 2001 Approvals). COUNCIL shall be provided with written notice of its exclusive right to harvest or collect plant life located on the Mitigation Land ['or transplantation, seeding or other conservation purposes. This right to harvest shall be conditioned upon the receipt by OWNER of Waiver and Release form~ acceptable to OWNER which fully protect, indemnify and hold harmless OWNER from and against any and all liability whatsoever due to or related to the entry onto the property and any activity of the entrant. Entrants representing COUNCIL shall be limited in number to ten persons and to a time period of five (5) days as specified in the Waiver and Release form approved by OWNER and delivered to OWNER prior to entry. As an additional condition to the right to harvest referred to herein, COUNCIL shall also provide a General Indemnity and Hold Harmless, in form acceptable to OWNER, assuring OWNER that in the event any claim is made by any person entering onto the property under this provision, COUNCIL shall defend OVfflqER, or advance all costs and expenses of defen'se (as OWNER shall determine is reasonably necessary) and hold OWNER harmless from and against all liability for injury or toss or any manner or type whatsoever. _~B-0]-2005 TUE 01:32 PM InLrawes~ Hospi~alit~ FA× NO, 5305846290 P. 06 1,4 Construction of Wall. OWNER agrees to construct a continuous block wall of not less than six (6) feet in height along the northern property line area of Rancho Etiwanda Estates, excepting for such gaps as represent, accommodate or are necessitated by existing easements ofrecerd and other access as required by CITY. 2. Dismis~l of Action 2. 1 Dismissal With prejudice, 2.1.1 A condition of opening the First Escrow, referred to in Section 1. l.l, above, shall be that the First Escrow shall not open until the COUNCIL has delivered to the escrow officer a complete, signed Dismissal With Prejudice of the entire Action in form approved by OWNER and CITY. Upon opening of thc Second Escrow, the escrow officer shall deliver the Dismissal with Prejudice to OWNER, or its designee, and the Dismissal With ?rejudice shall be filed forthwith with the San Bernardino County Superior Court, 2.1.2 In the event that the COUNCIL fails or refuses to deposit with the First Escrow the Dismissal With Prejudice within five (5) business days of the request from escrow for such deposit, or COUNCIL otherwise breaches any term of this Agreement, COUNCIL shall be deemed in violation of this Agreement. Upon a violation of this Agreement or failure to deliver Dismissal or failure or refusal to accept title to the Mitigation Land, by COUNCIL, the OWNER and CITY shall have the right to obtain entry cfa final Order of Dismissal of the Action from the Superior Court of San Bernardino County based upon COUNCIL'S failure to comply with this Settlement Agreement, whereupon O'ggTqER and CITY shall have no further obligations under this Agreement. Notwithstanding the above, upon mutual agreement of all parties7 the time in which COUNCIL shall dismiss the Action, under this paragraph 2, may be extended by a writing signed by each of the Parties. Mitigation of Damages, 2.2. 1 In the event the Mitigation Land is not delivered to COUNCIL for any reason except breach by OWNER of the Option Agreement for Purchase of the Mitigation Land, the parties agree that due to uncertainty of circumstances and the marketplace and the specific land use issues which complicate this transaction, it is impossible for the parties to establish with any reasonable certainty the damages which may be incurred by COUNCIL or OWNER or CITY. Therefore, the parties agree that upon such failure to deliver the Mitigation land to COUNCIL or to The Habitat Trust whether due to exercise of reasonable Notice of Disapproval by COUNCIL, or failure of closing under the terms of the Option Agreement with the Seller/OWNER of the Mitigation Land, or any other reason, OV~NER shall have the right, at its sole option, to satisfy the obligation to deliver Ivlitigation Land to COUNCIL and fully mitigate and satisfy all claims of COUNCIL for loss or damages and breach of Section 1 of this Agreement, by electing to either (a) deliver to COUNCIL an amount equal to the purchase ,, F~B-01-2005 TUE 07:32 PM ]ntrawest Hospitality F~× NO. 5305846290 P. 07 price of the Mitigation Land, $779,500.00 (as set forth in the Option Agreement Between OWNER and the Seller/OWNER ofthe Mitigation Land), or, (b) to obtain and deliver title to COUNCIL of not less than 174 acres of substitute mitigation land with substantially similar habitat and geographical location'as the current Mitigation Land. An election to proceed under this paragraph shall require OWNER to deliver a Notice of Election of Mitigation of Damages delivered tn COUNCBL, CITY and Escrow Holder within fifmen (15) business days following thc earlier of (a) Notice of Disapproval from COUNCnL to OWNEK, or (b) OWNERS actual knowledge of failure ofdelivepff of title to OWNER of the Mitigation Land. The Notice of Election of Mitigation of Damages shall include a statement of delivery date of the elected damage mitigation action, which shall not be later than seventy five (75) days from the date of the Notice of Election of · Mitigation of Damage. The right to mitigate damages herein stated shall be available in addition to all other rights of OWNER to enforce tiffs Agreement, including, without limitation, the right to enforce this Agreement at law and in equity. In the event COUNCIL fails to perform in accord with the stated terms of this Agreement, either OWNER or CITY shall retain the right to proceed to enforce this Agreement, notwithstanding the mitigation of damage option contained in this Section. In the event OWNER delivers a Notice of Eleetion of Mitigation of Damage which both COUNCIL and CITY believe is unreasonable, COUNCIL and CITY, together, shall have the right to proceed to enforce this Agreemen[ The San Bemardino Superior Court shall retain jurisdiction to enforce the terms of this settlement. The option contained in this paragraph for mitigation of damages for failure to deliver Mitigation Land does not affect or mitigate the failure of OWNER to perform any other obligation contained in this Agreement. including without limitation, the obligation for delivery of payment of monies described in this Agreement. 3. Attorney's Fees and Legal Costs. Concurrent with thc e~ecution ofthis Agreement, referred to in Section 1.1.2, above OWNER shall pay to COUNCIL the sum of Twenty-Five Thousand dollars ($25,000.00) as Attorney's Fees and Costs of the Action and the Dismissal of the Action as provided herein, and deliver said payment to the office of Craig Sherman, Esquire. 4. Notice. All notices, requests, demands, and other communications given or required to be given hereunder shall be in writing and personally delivered or sent by United States registered or certified mail, return receipt requested, postage prepaid, or sent by nationally recognized courier service such as Federal l~xpress, duly addressed to the Parties as follows: TO COUNCIL: Spirit of the Sage COUNCIL 30 N. Raymond Avenue, Suite 302 Pasadena, CA 9110~t Attn: Leone Klippstein WITH A COPY TO: Craig A Sherman. Esq. 1901 First Avenue, Suite :t35 San Diego. CA 92101-2322 FE~-O1-2005 ?UE 07:33 PM In'rawest Hospitality FA× NO, 5305846290 P, 08 TO CITY: City of Rancho Cucamonga ATTENTION: CITY PLANNER 10500 Civic Center Drive Rancho Cucamonga, Ca 91729 WIT[/A COPY TO: Steven H. Kaufman, Esq. City Attorney Richards, Watson & Gershon 333 South Hope Street Thirty-Eighth Floor Los Angeles, CA 90071-1469 TO OWNER: Tony Yeh A&J Resources, Inc._ . 1100 Avondale Road San Marine, CA 91108 WITH A COPY TO: Ben C. Anderson BCA Development, Inc. 4901 Birch Street, Suite C Newport Beach, CA 92660 WITH A COPY TO: Cheryl lee, Esq. 1828 Peninsula Place Costa Mesa, CA 92627 5. No Adl~issions/Authorit¥. This Agreement is executed by the Parties hereto ['or the sole purpose of settling the matters involved in the dispute, and it is expressly understood and agreed, as a condition hereof, that this Agreement should not be constitute nor be construed to be an admission or as evidencing or indicating in any degree an admission ofthe troth or correctness of any claim asserted. Each party to this Agreement, by signing below, affirms that the party signing this Agreement has full power and authority to sign and perform this Agreement, and that such signator has the authority to bind its respective party. OWNER. warrants that it is the sole holder of the OWNERship and development fights to the Rancho Etiwanda Estates project as of the date of execution of this Agreement. 6. Severability. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full rome and effect. 7. Successors. This Agreement shall be binding upon and inure to the benefit of'the Parties, their successors and assigns. No assignment of this Agreement by COUNCIL shall be effective except upon written approval of CITY and OWNER. This Agreement shall be construed according to the laws of thc State of California in effect as , .__[~B-OI 2005 TUE 07:33 PM l.[raues~ Hospi~ali[~ FAX NO, 5305846290 P, 09 of the date of execution. Upon transfer of OWNER's interest in the Rancho Etiwanda Estates project OWNER shall deliver a copy of this Agreement to the transferee and a notice of such delivery and transfer to COUNCIL pursuant to the notice requirements in Section 4 above, A Notice of Settlement Agreement ("Notice") signed by the parties to this Agreement shall be recorded in the records of San Bernardino County, and shall contain the following information: the date of this Settlement Agreement, the fact that this Agreement impose~ obligations upon the parties to the Action, the obligations of this Agreement include terms that are approved by the San Bemardino Superior Court under Case No. RCV 057112, and the names, addresses and telephone numbers for the parties to tile Action. 8. EnCre Agreement. This Agreement contains the sole, complete and entire agreement and understanding o[the Parties concerning the matters contained herein and may not be altered, modified, or changed in any manner except by a writing duly executed by the Parties, expressly stating that it is an alteration, modification or change to this Agreement. No statements, promises or representations have been made by any Party. 9. Costs and At,o~e¥ Fee,s. Except as provided in Section 81.0150 of the San Bernardino County Code of and these Conditions of Approval which implement that section, the Parties to this Agreement agree to bear their own costs, including costs of court, and attorneys' fees in connection with a the Action, except as expressly provided in Section 3, above. 10. Costs of Enforcement Action.. If'any action at law or in equity, including an action for declarative or injunctive relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to all of its attorneys fees and costs in bringing and prosecuting said action, which may be set by the Court in which the action for the enforcement is brought, or in a separate action for that purpose, in addition to any other relief to which the prevailing Party may be entitled. 11. Counterpa~s. This Agreement may be executed in one or more counterparts, all of which together constitute one single document. SPIRIT OF THE SAGE COUNCIL Title: E~ec:~,~-4'/¢2 ~,/~ _ CITY OF RANCHO CUCAMONGA By: Name: Title: [Signatures continued on following page.[ , F~B-O1-2005 TUE 07:34 PM I.tra.~s[ Hospi~at~[y FR× NO, S305846290 P, 10 COUNCIL shall be effective except upon written approval of CITY and OWNER. This Agreement shall be construed according to the laws of the State of California in effect as of the date of execution. Upon transfer of OWNER's interest in the Rancho Etiwanda Estates project OWNER shall deliver a copy of this Agreement to the transferee and a notice of such delivery and transfer to COUNCIL pursuant to the notice requirements in Section 4 above. A Notice of Settlement Agreement ("Notice") signed by the parties to this Agreement shall be recorded in the records of San Bemardino County, and shall contain the following information: the date of this Settlement Agreement, the fact that this Agreement imposes obligations upon the parties to the Action, the obligations of flus Agreement include terms that are approved by the San Bernardino St~perior Court under Case No. RCV 057112, and the names, addresses and telephone numbers for the parties to the Action. 8. Entire A~reement. This Agreement contains the sole, complete and entire agreement and underslanding of the Parties concerning the matters contained herein and may not be altered, modified, or changed in any manner except by a writing duly executed by the Parties, expressly stating that it is an alteration, modification or change to this Agreement. No statements, promises or representations have been made by any Party. 9. Costs and Attorney Fees. Except as provided in Section 81.0150 of the San Bemardino County Code of and those Conditions of Approval which implement that section, the Parties to this Agreement agree to bear their own costs, including costs of court, and attorneys' fees in conneetinn with a the Action, except as expressly provided in Section 3, above. 10. Costs of Enforcement Action. If any action at law or in equity, including an action for declarative or injunctive relief; is brought to enforce or interpret thc provisions of this Agreement, the prevailing Party shall be entitled to all of its attorneys fees and costs in bringing and prosecuting said action, which may be set by the Court in which the action for the enforcement is brought, or in a separate action for that purpose, in addition to any other relief to which the prevailing Party may be entitled. 1 [. Counternarts. This Agreement may be executed in one or more counterparts, all of which together constitute one single document. SPIRIT OF THE SAGE COUNCIL By: Name: Title: Title: I'T/~ 0 ~,/ FE~-O1-200~ TU~ 0?:34 PM In[fa.esi Hospi[al~[y FA× NO, ~30~846290 P. 11 [Signatures continued on following page.l Signed and Certified That a Copy of This Document Has Been Delivered to Mayor Bill Alexander A&J Resources, Inc. a California corporation By: Name: Tony Yeh Title: APPROVED AS TO FORM: Craig A. Sherman, Esq. By: Counsel to Spirit of the Sage COUNCiL · Ste~ _...ztvK"alll'm~, Esq., CITY Attorney Rancho Cucamonga, California Date: ~- e~ _-7 -.,q ah F~B-01-2005 TUE 07:35 PM I,traNest Hospitality FhX NO, 5305846290 P, 12 Signed and Certified That a Copy of This Document Has Been Delivered to Mayor Bill Alexander Date: A&J Resources, Inc. a California corporation Name: To Title: %/-~ ~'~ 6?mT- APPROVED AS TO FORM: By: ~, CounseI to Spirit of the Sage COUNCIL Steven H. Kaufman, Esq., CITY Attorney Rancho Cucamonga, California By: Deputy Date: Cheryl Ice~ Esq. Counsel to Agd Resources, Inc. ~ FEB-O1-2005 TUE 07:35 PM IntrauesL Hospitali~ FA× NO, 5305846290 P, 13 EXHIBIT A LEGAL DESCRIPTON OF MITIGATION LAND PARCEL 1 The Northwest 'A of Section 16, Township I North, Range 6 West, San Bernardino Base and Meridian, according to the official Plat thereo£ Excepting therefrom the South 'A of the South '.4 of said Northwest 'A PARCEL 2 The East ~ of the Southeast ~,l of Section 8, Township 1 North, Range 6 West, San Bernardino Base and Meridian, according to the official Plat thereof AS SES SOR'$ PARCEL NO: 0225-041-01-0-000 and 0225-061-22-0-000 · FEB-01-2005 TUE 07:36 PM I.trauest Hospitality FAX NO, 5305846290 P, I4 EXlCIIBIT A- 1 TITLE OBIECTIONS: Exception Items Numbered: 9, 10, 11 Contained in Preliminary Title Report Order Number 9722173, Fidelity National Title Company, dated February 14, 2002 a F.?-01-2005 TUE 0?:36 PM I,t. ra.es~, Hosp~,aliL;, F3× NO, ~306846290 P, ]~ 1 ~o~ ~1 O . S~E~O~ COURT OF ~ STATE OF C~O~ FO~ T~E COUN~ OF SAN BE~A~O SPIRIT OF THE SAGE COUNCIL, ) Case No, RCV 057112 I a California non-profit associaion~) I 1 ) NOTICE OF SETTLEMENT Petitioner, ) AND S'rfl-ULATION FOR 12 ) D~SMISSAL (Wrra PREJUDiCe,) v. ) OF PETITION FOR WRIT 13 ) OF MANDATE; ORDER THEREON 14 CITY OF RANCHO CUCAMONGA, ) a public entity; and DOES ONE through ) lfi FIVE, inclusive, ) ) 1 fi Respondents, ) Hearing Date: May 29, 2002 ) Time: 8:30 a.m. 17! ) Dept. S-15 18 A & J ILESOUR. CES, INC.; ) Hon./ames A. F..dwacds and DOES SIX through TEN, inclusive, ) 12 ) 20 Real Parties in Interest. ) 23 STIPULATION 24 WHEREAS, all of the parties to this action have reached agreement and settled the ' above-captioned action as set forth in the Settlement Agreement attached hereto as Exhibit 9.6~ 27 28 -I- NOTICE OF $~-I-[LEMENT AND ~TIPULATION FOR DISMISSAL (WITH PREJUDICE) OF PE i I rtON FOR WR. IT OF MANDATI~; OILDER TH]BR]BON ~ FF£-01-2005 TUE 07:37 PM lnLraues[ HospiLali~y FOX NO. 5305846290 P. 16 - , ~ 949 646 2976; ~ay-9-02 lO:O/AU; Page 3 1 2 ~AS. ~ho te~ms ofthc mutual a~rt'cd S~l~:r~ ,a~ ~de ~ ([) ~e 3 m~cr M w~ Udgation co~ ~rc m be ~d]~, ~d (2) t~t t dJ~ ~ ~di~ be 4~ ~ter~t~s ~0~, ~e ~d~ ~ies h~y Simulate zo ~= 2) ~s Noti~ ~S~I ~ ~ ~to ~e ~un ~c ~ ~s mat~ ~d 3) ~s I~it ~ to ~ dished ~th ~udice 11 IT IS SO ST~D. ~ ~ . ~l OF ~ SAGE CO~C$ 17 K~y A. Ci~ ~q. 18 Anom~ for Re~nd~ CITY OF ~CHO CUC~ONGA 21 A~mey tot ~ P~es A IT IS S0 0~. 2G Dat~ By: 27 Hofl I~ A. Edw~s ~ -2- ........ ~, p. ~ ~AS, the te~s of the mutual agreed Settlement Agr~ment pro,de for (1) the manner in whid~ litigation costs are to be Medical, and (2) that a dis~s~ ~th prejudice be cnter~ in this a~ion; THEREFORE, the undersigned parties hereby Stipulate to the following: 1) all parties will bear their own costs as set forth in the Settlement Agreement; 2) this Notice of Settlement be entered into the Court file in this matter; and 3) this lawsuit is to be dismissed with prejudice forthwith. 1! IT IS SO STI~ULATED. ~ ~ 13 Craig A. Sherman. Esq. Attorney for Petitioner 14 SPIRIT OF TIlE SAGE COUNCIL 15 16 Dated: Steven H. Kaufmann, Esq. 17 Kelly A. Casillas, Es, q. Attorneys for Respondent CITY OF RANCHO CUCAMONGA llfl Dated: Ill Cheryl Ice, Esq. Attorney for Real Parties in Interest '92 A & J RESOURCES, INC. ORDER IT IS SO ORDERED. 1 7 dames A. Edward, 26 Date: By:. 9-7 Hon. lames A. Edwards 28 -2- NOTICE OF ~1~! I LEM~I~ A.ND ~TIPULATION' FOR DISMISSAL (WITH PREJUDICE) OF PETITION FOR WRIT OF MANDATE; ORDER THEREON F, EB-O1-2005 TUE 07:38 PM [,Ira,est Hospi[ali[? FR× NO. 5305846290 ?. 18 RECOI~DINQ REQUEb-rED E ' '~- Recorded In OIIiAiM R~o~s, Coofl~l S311 Berh~l~ 1112612003 ~'&L~y ~/~'~e ~ ~RRY WALKER WHEN RECOR~E~ MAIL THiS ~EE~ ~: Aud~r/~fltreller - ~ 688 Fidelity/Riverside ~ THE ~BITAT TRUST FOR San Diego, Ca.92101 T.x86 A.~N~: 0225-041-01-0-~00/0225-06~-22-0-000 THE UNDERSIGNED GRANTOR(s) DEC.RE(s) ~UMENTARY TRANSFER T~ is $ [65. OG C~nW $ ~ c~puted on fuil ~ue et pro~ con~d, or ~ computed on ~ull ~ue le~ ~ue ~ liens or e~umbrances remaining at time of ~le ~ uni~orpomted area: ~ Ci~ of , and FOR A VALUABLE CONSIDERATION, r~pt el which is here~ ~kn~ledg~, here~ GRANT(S) to the foli~ng ~e~d~d re~ pro~dy in the C~7 o~ , County ~ Sa~ 9~n~d~o . S~te ~ California; LEGAL DESCRIPTION AS PER E~IBIT "ONE" ATTAC~ HEREIN ~ ~E A PART HEREOF. ~S0 ATTAC~D "~IBIT ~0" ~ ~E A P~T HEREOF. A&J RESOURCES, INC,, a California Corp. DaSd 11/18/2003 by: 'ttv "~. ":' : · COUNTY OF LOS ANGEh~ On 11/18/2009 before ma, J~EE-C~EN YgH,l~resSdent ~U-~IO ~0 ,a Nomw Public ~r~naHy~pear~ ~[-CH[~ ~[~ -- personally known to me (er proved to me on ~ bas~s of salisfactary evidence) [o be the person(s) whose nama(s) is/are subscribad to the within instrument and acknowleaged to me that helshellhey ~- ...... executed the same in his/her/their authodz, ad capaclty(ies), and ~x,J~g~. YU-HSIO FAO that by hislhe¢ltheir signature(s} on Ihe instrument the paean(s) iqcr-'~l~RNOtA.r~y pUBUC-CNJFOENIA t~ or the entity upon behaff of which the pemon(s) acted, executed ~--4[11~ LOS ANGffi.~ COUlflT~ WlTNES3 my hand and off. jcial seal, Signature ~ /J~'" ~ (This area lot o~ficial r.~arial NAME ~O~cc'~'~'~'~'~'~'~'~ 1. ~. J Z I,~'', , C ~f~~ [/~ ~'~STREFT/~DRESS cn~, ~ATE & ZIp Government Code 27361 I certify under the penalty of perjury that the notary seal on this document read as follows: Name of Notary: Y,-Hsio Kao Date Commission Expires: December 4, 2006 County where bond is Filed: Los Angeles Commission No.: 1385967 Manufacturer/Vendor No.: MGC1 Place of execution - Newport Beach Date - November 20, 2003 FIDELIT~ NATIC~I~AL t~rLE GOMPANY t ~EB 01-2005 TUE 07:39 P~ In~ra~es~ Hosvitali~y Ffi;: NO, 5305846290 ?, 20 EXHIBIT "ONE" PARCEL HO. 1: THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTH 1/2 OF THE SOUTH 1/2 OF SAID NORTHWEST PARCEL NO. 2: TRE EAST 1/2 OF THE SOUTHEAS]' 1/4 OF SECTION 8, TOWNSHIP I NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. Assessors Parcel No: 0225-041-01-0-000 and 0225-0E11 FEB 01-2005 TUE 07:39 PN ]nrta.esi Hospitality F~× NO, 5305846290 P, 21 EXI4_IB 1T TWO ATTACHMENT TO GRANT DEED Permanent Re~trictlons of Use of Land for Con~e~vation 1. Irrevocable Pm-oose~f Conaeruation of Notate] "Open Space" La~d Peroetai~r Thc pnrpose of this conve~y'an~¢ of tho Property from the Grantor to the Crra~tee is to.assure that the Property will be r&tained forever in predominantly its natural, scenic, and open space conditioll arid to preVent any us~ of the Property that will s~gnifioantly impair or interf~e with the conservation velum of the Property.. The Property is b~iug conveyed to The Habital Trast for wildlife, lac., a $01(e)(3) public benefit corporation t'~4st~red in the Stat~ of California, presto'ye the Prop~y, ils habitat, wildlife, pla~ts and n~mtal fentums thereon, by rmtriciing the uze of the Prol~rty ia any manner iauonsimt~nt with this cons~rv~tiun and pru~etvatlon purpose. .amy aotivit~ on or use of the Ptupm-~y iuco~,~is/~t w/th the purposo of c~n~a'vation ofth~ h~bltat, wildlife, plau~ a~l uatmal foatums pmh~ited. Not. king with~ the~a m~'ictious or prohibilior~ ~ha]l prcwmt Grantee from maintaining, rup~iring, lind i£n~o~-~m'y, cou~lructing or reeoustruet/ng new ur exiatiug improvemenm on the Property £or health. 6af~'y, or pu-,poses oonsi8teut wilh oonset'vation and prat.orion ofh~hltat m'td habflat vaiu~, pray/ding Crrantc¢ obtains a*c~asary approval of all applicable govewnmental entities having authority ov~r tho Property. The deed tustrieUoris for p~rmauc-nt eouZervalion proposes shall bo he]d, {old, couwyed, owned, and u.qed ~ubjec. t to the cOVenants, conditions, and restrictions, a~ to all successors 0.nd assigns, m y~ovided by this Grant Dee& 2. ~/iol ~tian~ and Should Cmmte~, or its ~uccessnr or ~sil~n, undertake any aofiviry violation of the tm of this Grant Deed, tho State or' California, the County of San Beraardino, and the Uni{,d States of America, aoltng tluough any nf their r~speotlw agencies, including b~t not limited to, the Califorma Deparanem: o£Fi~h and Gm'ne~ U.S. Amay Corps orl~ngiaeers, and tl~ U.S. Fish and Wildlife gervice, and successor agemo[os, each shall hav~ the right and. s~anding to enforce the ~rms ofthi~ Grant D~d and resto~, or have r~tored, that portion of the Prope'rty affected by gueh activity to the eondi0ons that existed prior thereto. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING CRITERIA FOR THE DESIGNATION OF CONSERVATION ENTITIES TO MANAGE OPEN SPACE AND HABITAT TRANSFER LANDS, AND MAKING A DETERMINATION ON A REQUEST BY GRANITE EQUITIES (DEVELOPERS OF HENDERSON CREEK PROJECT) REGARDING THE QUALIFICATIONS OF THE CONSERVATION ENTITY TO MANAGE OPEN SPACE AND HABITAT TRANSFER LANDS REQUIRED BY THE HENDERSON CREEK PROJECT; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Applications were submitted in 2003 to the City of Rancho Cucamonga by Henderson Creek Properties, LLC (the "Applicant") for approval of a General Plan Land Use Amendment (DRC2003-00749), an Etiwanda North Specific Plan Amendment (DRC2003-00750), Tentative Tract Map SUBTT16324, and an associated Development Agreement (DRC2003-00751) ("Project Approvals'). The Project Approvals were sought for the proposed development of 123 single-family housing units on approximately 65.3 acres of land and to provide for flood control, utility corridor, and open space designations on approximately 25.1 acres of land. At the time the Project Applications were submitted, the property was within the unincorporated area of San Bemardino County. The Project Approvals were accompanied by an application to annex the property into the City of Rancho Cucamonga. The total area to be annexed is approximately 100.4 acres. 2. On June 16, 2004 the City Council, by Resolution No. 04-207, certified the Final Environmental Impact Report (SCH No. 2003111057) for the Project Approvals. Asa requirement to mitigate the impacts of the project on biological resources, Mitigation Measure No. BIO-1 was imposed on the Project Approvals that provides: "The Property Owner shall transfer to the County of San Bemardino Special Districts OS-1 or other qualified conservation entity approved by the City, in fee, a minimum of 54 acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be mutually agreed upon by the property owner and the conservation entity, to provide for long-term maintenance of said land. The prefen'ed location of the off-site land is in the environment surrounding the North EtJwanda Preserve in the City's Sphere of Influence, other properties may be considered based upon the review of appropriate Biological Habitat Assessments and concurrence of the City Planner. The transfer and funding shall occur pdor to the recording of the first final map for the project." 3. After the City's approval of the Project Approvals, the Applicant requested the City to designate ~'['he Habitat Trust for Wildlife, Inc." (THT) to be the City-designated conservation entity for management of the open space and habitat transfer lands required by Mitigation Measure BIO-1 for the Project. 4. On October 7, 2004, the City Planner sent a letter to the Applicant setting forth the information that the City sought in order to make a recommendation to the City Council for a determination as to the appropriate conservation entity pursuant to Mitigation Measure BIO-1. That letter sought nine pieces of information and documents that relate to THT's legal standing, capabilities, plans for management and accountability. CITY COUNCIL RESOLUTION NO. HENDERSON CREEK OPEN SPACE TRANSFER February 16, 2005 Page 2 5. On November 3, 2004, the City received information from the Applicant's legal counsel that staff found partially responsive to the requests for information to the Applicant. Among the information submitted by the Applicant were the Articles of Incorporation and Bylaws for THT, THT's tax-exempt determination, a list of accomplishments of THT, an informational flyer regarding THT, a description of the North Etiwanda Creek Nature Sanctuary, and additional flyers about THT's activities. 6. On November 18, 2004, the City was advised by Granite Homes, that it had acquired the interest in the Project site from the original applicant and that Granite Homes was prepared to comply with the requirements of Mitigation Measure BIO-1 by transferring the propertyto either THT or to County Special District OS-1. 7. On November 24, 2004, the Applicant submitted additional information to the City, including minutes of the THT,' information relative to an independent audit of THT, a copy of a proposed management plan, an updated list of officers of THT, and information about employees and volunteers of THT. 8. On January 10, 2005, representatives of the Applicant submitted a request to the City that a hearing be set for a City determination on whether or nor THT is a qualified conservation entity to manage the open space and habitat transfer lands pursuant to Mitigation Measure BIO-1. 9. On February 2, 2005, the City Council considered the Applicant's request to designate THT for purposes of Mitigation Measure BIO-1 and continued the matter at the request of representatives of THT to the City Council meeting on February 16, 2005. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the facts and information contained in the record of this matter, the City Council makes the following findings and statements: a. Pursuant to State CEQA Guidelines Section 15097 (a), the City of Rancho Cucamonga has an obligation to implement and enforce mitigation measures imposed on the Project Approvals. b. Mitigation Measure BIO-1 was imposed on the Project Approvals and requires the City to determine if a conservation entity that is requested by the Applicant for ownership and management of open space and habitat transfer lands is a qualified conservation entity for purposes of managing open space and habitat transfer lands, and if not, to require the property owner to transfer the land to the County of San Bemardino Special Districts OS-1. c. The City Council finds it necessary to establish criteria by which to determine whether a conservation entity proposed by this Applicant is a qualified conservation entity for 809544-1 CITY COUNCIL RESOLUTION NO. HENDERSON CREEK OPEN SPACE TRANSFER Febmary 16,2005 Page 3 purposes of making its determination on the Applicant's request pursuant to Mitigation Measure BIO-1. d. In formulating criteria for the evaluation of the qualifications of a proposed open space and habitat land conservation entity, the City Council seeks to ensure conservation lands be owned and managed by entities that have been lawfully created, have the capability to manage the land as required, have a plan to manage the land in conformance with required mitigation measures, and are accountable to the community. 3. The City Council hereby establishes and approves the following criteda for the City's determination of qualified conservation entity for purposes of Mitigation Measure BIO-1: a. The entity must have fulfilled the legal requirements necessary for the creation of the public or private entity. b. The entity must demonstrate sufficient capability in terms of resources, available staff, and offices to provide sufficient management of the land and to respond in a timely manner to issues that arise thereupon. c. The entity must have proposed a site-specific Habitat Resource Management Plan and an Operations Plan to ensure management and operation of the land in compliance with any applicable mitigation measures. d. The entity must be accountable to the members of the immediate community for the enfity's management of the land. 4. Based upon the criteria established in Section 3, the City Council hereby makes the following findings and determinations: a. THT has fulfilled its legal requirements to operate as a non-profit corporation. THT has provided the City with copies of its State of California incorporation documents and its bylaws. THT has also provided the City with documentation from the Internal Revenue Service noting that THT is exempt from federal income tax as a qualified non*profit organization under section 501(c)(3) of the Internal Revenue Code. b. THT has not demonstrated capability to provide sufficient management of the land described in Mitigation Measure BIO-l, or to respond in a timely manner to issues that arise regarding the land. The most recent auditor's report that THT provided to the City was a report dated December 31, 2002, that was prepared for Social and Environmental Entrepreneurs, Inc. (SEE), an umbrella organization. The repor~ was not specific to the financial condition of THT, and thus THT has not provided sufficient evidence that it is conducting its financial affairs in compliance with applicable procedures, accounting standards, and laws. Additionally, documents provided by THT indicate that THT has only three current Board Members, none of whom is from the local area. Further, no list of THT offices has been provided, and there is no indication that THT has any locally accessible offices from which their staff can respond to issues arising on the land. Finally, THT has not provided any list of non-volunteer personnel who would be involved with management of the lands on an on-going basis. Based upon this lack of evidence, the City does not have the facts necessary to conclude that THT is capable of providing sufficient management of the lands described in Mitigation Measure BIO-1. 809544- I CITY COUNCIL RESOLUTION NO. HENDERSON CREEK OPEN SPACE TRANSFER February 16, 2005 Page 4 c. THT has not provided the City with a site-specific Habitat Resource Management Plan. Instead, THT has provided the City with a genedc document that acknowledges it was "...adapted from the North Etiwanda Preserve Management Plan, 2001 USFWS, CDFG, San . Bemardino County Open Space District 1 ." This document is incomplete, includes several blank spaces, and does not provide any map exhibits that were referenced therein. In addition, the "Assessment of Management Planning Needs" authored by James des Lauders on behalf of THT and dated January 24, 2005 constitutes a sedes of observations, suggestions and recommendations to THT as to how all of THT's property in the area should be managed. There is no evidence that these observations, suggestions and recommendations have been considered by THT or that they have been made a part of THT's proposed management plan for the subject site. Additionally, THT has not provided any Operations Plan, including a maintenance schedule for the land. Based upon this lack of evidence, the City does not have the facts necessary to find that THT has proposed a site-specific Habitat Resource Management Plan and an Operations Plan to ensure management and operation of the land in compliance with Mitigation Measure BIO-1. d. THT has not demonstrated that its operations are conducted in a manner sufficient to provide adequate accountability to members of the immediate community. There is no indication that THT holds public meetings or otherwise affords an opportunity for members of the community to provide input regarding land management issues. There appears to be no method of recourse for community members dissatisfied with land management decisions made by THT, and no local offices at which community members may contact THT Board Members or staff. Finally, because THT has failed to provide a current auditor's report that is specific to THT, the City cannot conclude that THT is financially accountable for monies expended with respect to land management. Based upon this lack of evidence, the City does not have the facts necessa~j to conclude that THT is accountable to the members of the immediate community for the entity's management of the land described in Mitigation Measure BIO-1. 5. Based upon the findings and conclusions set forth in Section 4 above, this Council hereby determines that The Habitat Trust for Wildlife is not qualified to be the conservation entity for Mitigation Measure BIO-1 for the Henderson Creek Project. 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 16TH DAY OF FEBRUARY 2005. CITY COUNCIL OF THE CITY OF RANCHO CUC^MONGA BY: ATTEST: 809544-1 lq arret Basin ~[tle 17 DEVELOPMENT CODF Chapter 17.08 RESIDENTIAL DISTRICTS Section 17.08.030 Use Regulations Uses listed in Table 17.08.030 shall be allowable in one or more of the residential districts as indicated in the columns beneath each residential district heading. Where indicated with the letter ~P," the use shall be a permitted use. Where indicated with the letter 'C," the use shall be a conditional use subject to a Conditional Use Permit. This section shall not be construed to supemede more restrictive use regulations contained in the Conditions, Covenants and Restrictions of any propen'y or dwelling units. However, in no case shall uses be permilted beyond those allowable in this section. In the event there is difficulty in categorizing a given use in one of the Dis~cts, the procedure outlined in Section 17.02.040 shall be followed. Table 17.08.030 - Use Regulations for Residential Districts 2. Single Family Attached (du-, tri* and four-plex) P P P P 13.~u~pie.mi~ellings II II II ~* I1' ~ I1" p II ~ ~.~o~,eHome,ar~s II C II ° II C II C II C II C --~.Anima, Care Facility I[ C II - Jl Il II - II 2. Cemetery II c II c II c I( c II c II c 4. Club, Lodge, Fraternity and Sorority C C C C C 5. College or University II c II c II c II c )1 c II c 16. Convalesce. Center II Il II c II c ii c II c 8. Day Cam Facility Accessory - 6 or less p p p p p p Non-Accessory - 7 or more C C C C C C Note: Astedsk (*) indicates permitted in conjunction with Optional http://municipaicodes.lcxisnexis, com/codes/ra~]chocu/_DA, TA/T[T[,EJ7/Chapter 17 08 ... 2/1(~/2005 AGENT: Any Demon showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner. AGRICULTURE: The use of land for farming, dairying, pasteurizing and grazing, horficulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and including accessory activities but not limited to storage, harvesting, feeding, or maintenance of equipment, excluding stockyards, slaughtering, or commercial food processing. ALLEY: A public thoroughfare, not exceeding 30 feet in width for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting properly. ALTERATION: Any construction or physical change in the internal arrangement of rooms or the supporting membem of a building or structure or change in the appearance of any building or structure. AMUSEMENT DEVICE: Any electronic or mechanical machine which provides amusement or entertainment which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other arlicle or device, or by paying therefor either in advance of or after use. This definition shall not include jukeboxes, telephone devices, or machines that sell merchandise. ANIMAL, EXOTIC OR WILD: An animal such as, but not limited to, a monkey, fox, non-poisonous snake, raccoon, or other similar animal, excluding predatory or poisonous animals. ANIMAL, FOWL OR RODENT: Any chicken, hen, turkey, duck, goose, game bird, rabbit, chinchilla, or other animal sir~lar in size, weight, or appearance. ANIMAL, HOUSEHOLD PET: Any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, parakeet, tropical fish, hamster, or similar domestic. ANIMAL, LARGE: Any equine or bovine animal or other animal similar in size, weight, or appearance including, but not limited to, a home, pony, mule, donkey, cow, or ox. ANIMAL, SMALL: Any animal other than a large animal, specialty animal, or fowl or rodent including, but not limited to, a goat or lamb. ANIMAL, SPECIALTY: Any bee, worm, fish, or other animal similar in size, weight, or appearance. '~NIMAL CARE FACILITY: A use providing grooming, housing, medical care, or other services to~ animals including veterinary services, animal hospitals, ovem ght or short-term boarding ancillary ~__. t.~o..vetednary care, indoor or outdoor kennels, grooming, and similar services. , '. J ANTENNA: Any system of wires, poles, rods, towem, whips, reflecting discs, or similar devices used for transmission or reception of signals. ANTIQUE SHOP. A retail store of/ering anfique clothes, jewelry, furniture, household appliances, pdntod materials, art, and similar merchandise, provided not more than 10 percent of the http://mun'[ciDelcodes.le×isne×is.com/codes/ranchocu/_DATAjTl~l~El7/Chapter 17 02 ... commodity sold on the premises, and no mechanical equipment used except that necessary for housekeeping purposes. HOMEOWNERS' ASSOCIATION: A private organization composed of residents within a project who own in common celtain property and shall be responsible for the maintenance and management of certain commonly owned property. HOSPITAL: A facility providing medical, psychiatric, or surgical services for sick or injured persons pdmedly on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and sen/ices to patients, employees, or visitors. HOTEL: Any building or portion thereof containing six or more guest rooms designed for and/or used by six or more guests for compensation and with no provision for cooldng in any individual room or suite, but not including those facilities defined es social care facir~ies. HOUSEHOLD PET: See Animal, Household. I IMPROVEMENT: Any item, which becomes part of, placed upon, or is affixed to real estate. J JUNKYARD: Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk. _coKENNEL: Any lot or premises on which five or more dogs over four months old are kept fo~'~ mmercial boarding, breeding, and training. __ KITCHEN: Any room, all or any part of which is designed and/or used for cooking and the preparation of food. L LANDSCAPING: An area devoted to or developed and maintained predominately with native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements. LAND USE: A description of how land (real estate) is occupied or utilized. LOADING SPACE: An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. LODGING UNIT: A room or group of rooms used or intended for use by overnight occupants as a single unit, whether on a transient or residential occupancy basis, located in a motel or dwelling unit providing lodging whether or not meals are provided to such persons. Where designed or used for occupancy by more than two persons, each two persons capacity shall be deemed a separate lodging unit. For the purpose of determining residential density, each two lodging units shall be considered the equivalent of one dwelling unit. ht~p://municipalcodes.lexisnexis.com/codes/ranchocu/_DATA/TiTLEl7/Chapter 17 02 ... 2/16/2005 eashes for Living Assistance Dog School Enabling the challenged to train their own Assistance Dog L~Tfai.er TO whom it may concern, 2/15/05 Di,ef:or~ofTralnin§ Leashes for Living is a nonprofit program that teaches ~' ~ people with physical challenges how to raise, train and use *~T~,~ assistance dogs. Thus ali~ing them many more freedoms ~r~ ~-~ and access to the world as individuals without physical ~ challenges. L~ ~dofo~ In that endeavor we are constantly looking for dogs with c~c~ excellent temper~ents, good conformation and healthy ~' ~ bodies. Mr. Steve KnechL located at, 10158 Sun Valley Dr, Alto ~ Loma, CA 91 737, is raising such a kind of dog. His dona- p~a~. ~0~ tions of pups to our p~ogram gets that many more chal- ~,m~ lenged people living happier lives. We fully suppo~ his endeavor to raise excellent dogs. His premises are clean and conducive to this kind of breeding. We highly suggest you do not limit him to the usual three (3) dog limit ~ that would prevent him from continuing his breeding program. Thank you for your time and consideration. If you have any questions ple~e feel free to contact us at 619-992- 9818 Sincerely~ ~- ~ire~or of Training, [4~0S July 27, 2000 Dear St~ve and Joan: not cOnta ' ou so '~--~"aga-x~e~mmz~g~of~ur I o ' ' ~ . .ctmgy onerbut edvour ..~,._,_~ .... ..~.. ap logtzem ~or thi~kiagal~om these sorts off~o~i life '"" ~'~uoamY nas n~c as ours and didn,t allow nmch time children'slife. - . · ~ * -~sm~asrgrsm~ ~.? now and the joy oftbe They love him dearly and he ~s thc most marvelous dog we have ever owned. Thuso horror ~ -s~n%~r~ e~L-- Oth~.Cmld~lLqWllcrS warlled Ils of the "long"puppyhood and to be prepared for lots of patience ~ a slow matu~g dog. T~t ~ not been the ~ nta~L I-~lS'mnt"~r~.i~thnt Ofna - mz4ye~old aog~haL~itlLallthe pl ~ .:~fulness ora young dog. His disposition is incredible! I sometimes ~ he would nip jus~ onc~ to teach llO~ll~jl~-tol~rnt°e~ev4~fll~th~thrnwatJlim lhma~ -. thechildre~lr~ooL Bllt · · · ' ca~ghtm~, oneoccad him m thor clothes. He loves them too. Never a more n ..... J ,.. ~ on, gying_s~ hard to be part of the fame. ~ u~u~ m~o, renewing them evexywbere and lq~ train~ ~ ~lingly e~ ~y He ge~sJ~t4~th hn~h°&r~ula~ a~LIm~s_the~,,toothpaste: ' '""~ om new can I~ I~R for long p~iods oftime in the ~ stfll-rettv wen = ........ ~d thor ~rmto Iris --~-~ -~ ,,~-~ a.~ ~s very ooedient. He never runs offz~d ifa loves to go out and we take him t ~o o ..z ..... ,~, ~ .- ~~tmg to be let back m. He dogpark_to_. tead im to geta o.g the Those day~,' "_axe rather rare as we don't want to risk in~ or illness, witJr.the people, not the dogs. ~l~_lcttn~ W~_~areth ,~, o°~'uo--~a~-mmenanateusmerepeatedlv ,,youg ....... ,~ . - .. the plea~are he ~ ,~c~mo~_,~,~e_ ~spend hn~ mo ' has contr~med to our family cq back to us ten fold m ~ ~,m ~es you touclL Your dogs are wond~n-~ ...... ~ a-a~erenee m the lives of the eontln.~m_hr~ ~,~h Cm~a ...... ~'~m aa-u i nave ren~rrea many Penple to your kennel Ih you) ~nPaank ou a <~ - o? ~,, ~t? ~r~ trn~ aa~.~e~_m the latin, lies they adopt, ope · y gain for letting us "pick t~om the litter. We et the b ! 14~-yOll ea~_ tn ~1~.~11~ ~,hnt a_ !,~ ,~h ......... g est Perhaps one day, we can via, it o,,a Sincerely, Randeleigh Harris 28842 Jaeger L0guna Niguel, CA 92677 January 19, 2005 Steve and Joan Kneeht Harvest Goldens 10158 Sun Valley Drive Alta Loma, CA 91737 Dear Steve and Joan: I am writing to you about our new four month old puppy that we got from you last week. We are absolutely thrilled with him. He has an excellent temperament and personality. As I explained to you, we had recently had a very negative experience with a golden that we had for a little over a year. He was very aggressive and not only bit us, but bit our son on the hand when he was playing with him. The dog also bit a dog sitter, and we decided that we had to give him away before something really terrible happened. Thank goodness, the Golden Retriever Rescue Organization took him. After such an experience, we were very wary of getting a new dog. We had another golden for 12 years that was absolutely wonderful, so we didn't want to give up on the breed. After we contacted you and told you our situation, you felt very confident that the four month old dog you had would be a perfect fit for our family. You were so right. We couldn't be happier. Duke, as we named him, is extremely docile and obedient He is also very loving and affectionate. He is the perfect dog for us. Thank you so much for raising and breeding such wonderful animals. We truly appreciate all the effort it takes to breed dogs that make such wonderful family pets. SincereJy, Teri and John Oweh~ PETITION FOR NO-KILL SHELTER REFORM PAUL BIANE SUPERVISOR, JACK LAM CITY MANAGER, BILL ALEXANDER MAYOR & COUNCIL REX GUTIERREZ, DIANE WILLIAMS, DENNIS MICHAEL AND SAM SPOGNOLO We, the undersigned citizens of Rancho Cucamonga and outlying areas, hereby write to petition you: (a) to convert the Rancho Cucamonga Animal Shelter from a high-kill shelter to a NO KILL shelter*; (b) to ensure that the City Rancho Cucamonga City Manager and City Counsel do not renew the shelter administration contract with San Bemardino County or hire Inland Valley Humane Socie~ or any other entity that has a poor record of animal care and who is resistant to no-kill shelter reform currently sweeping the nation and enacted as law by the California Legislature; ( ) to appoint a C~t~zen s Advisory Comrmttee composed ofc~t~zens and local rescuers seeking the reforms stated herein, who shall approve the appointment of any new shelter administrator and oversee the activities of the shelter to ensure that it is in compliance with California Law; (d) to guarantee that animals will receive prompt veterinary care as mandated by the California Legislature; (e) to ensure the implementation of cutting-edge strategies being used across the country with spectacular success, such as thriving foster networks than can guarantee sufficient space and important socialization, free micro-chipping funded by private donations to unite more animals with their families, listings of animals on PETFINDER.COM, the Nation's most effective animal adoption forum, a city-sanctioned feral trap-neuter- release program that prevents suffering and death of millions of unwanted kittens, personalized placement plans for every animal commencing on the day of entry, automatic notification to all area rescue groups of every animal on the day of arrival, increase of allowable neutered animals per home for approved rescuers and their designated volunteers and an aggressive ongoing adoption media-blitz, using state-of-the-art public relations and advertising techniques used by leaders of the no-kill shelter movement; (f) to eliminate boilerplate shelter operations, like ours, designed to exert the least effort possible, pocket the most profit, put up a smoke-screen show for the public but which do little to nothing to save lives or give quality care; (g) to transform our shelter fi.om one of the most avoided, dreaded and deadly places in the County, into a hub of energy, enthusiasm and joy for animals, families, volunteers, rescuers and administrators which PRESERVES LIFE and serves as a model for other communities. We agree with the State Legislature's enactment of SB 1785 Statutes of 1998 as a minimum no-kill standard and demand that the City of Rancho Cucamonga and the County of San Bemardino County comply with its provisions including: "It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home" [F&A Code, Section 17005(a)]; "Redemption of owned pets and adoption of lost or stray adoptable animals is preferable to incurring social and economic costs of euthanasia" [SB 1785 of Statutes 1998, Section l(b)(1)]; · "It is the policy of the state that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable that could become adoptable with reasonable efforts" [F&A Code, Section 17005Co)]; "Any sa-ay dog that is impounded...shall ...prior to the killing of that animal...be released to a nonprofit...if requested by the organization..." [F&A, Section 31108(I>)]; "Any stray cat that is impounded...shall...prior to the killing of that animal...be released to a nonprofit...if requested by the organization...[F&A, Section 31752Co)]: * AS DEFINED BY NATHAN J. WINOGKAD OF NO-KILL SOLUTIONS (NOKIlA.SOLUTION S.COM) Page -2- PETITION FOR NO-KILL SHELTER REFORM "Public shelters should work with humane animal adoption organizations to the fullest extent possible to promote the adoption of animals and to reduce the rate of killing" [SB 1785 of Statutes 1998, Section l(b)(5)]; · "The Legislature finds and declares that shelters should be required by law to take in lost animals and properly care for them with prompt veterinary care, adequate nutrition, shelter, exercise, and water.[SB 1785 of Statutes 1998, Section 1 (f)]; "Any depository that fails to perform these duties may be liable for civil damages as provided by law" [Califomia Civil Code, Section 1834.] · "Shelters should aggressively promote spay and neuter programs to reduce pet overpopulation" [SB 1785 of Statutes 1998, Section l(b)(3)]; "The intent of this act is to...increase the focus of shelters to owner redemption and adoption by...providing owner relinquished pets the same holding period as stray animals to allow for adoption..." [SB 1785 of Statutes 1998, Section 1 (c)( 1 )]; "Any animal relinquished by the purported owner...shall be held for the same holding periods...applicable to stray dogs and cats" [F&A Code, Section 31754(a)]. "Kittens or puppies relinquished by the...owner...may be available immediately for adoption" [F&A Code, Section 31754(b).] "The intent of this act is to...make shelters accountable to pet owners and the public for records and the care of animals in their possession [SB 1785 of Statutes 1998, Section 1(c)(4)] Community residents and rescuers have factually demonstrated to the City that it and its shelter administrator, the San Bemardino County, have repeatedly violated the law, including but not limited to, failing to provide prompt veterinary care, refusing to hold animals for rescues and instead killing animals who had homes waiting, hiding away animals from the public that should have been available for viewing and adoption, killing adoptable and treatable animals when there were several empty cages available for them, failure to aggressively offer spay and neuter services, refusal to exercise even minimal effort to adopt out animals such entry of individual animal listings on Petfinder.com -the nation's most effective animai adoption forum, incorrect labeling of animals as vicious or untreatable so they could be killed when they were not and a wholesale failure to focus on saving lives and prevent ardmal suffering in favor of the more cost-effective practice of peremptory killing and operations that require minimal effort. We, therefore, urge you to reconsider the direction you have taken and ask that you yield to the will of your constituents and implement the above-stated mandates forthwith. Sincerely, The Undersigned whose signatures appear on the pages attached hereto. ~ No Kill Solutions Home Page Page 1 of 1 NO K ~ San Diego, CA 92159 619.825.6219 Telephone S,OlUt, :o,n ~,,.~,.~,, Fax : info@ nokillsolutions.com Get the latest No Kill Solutions news delivered straight to your ~ "inbox." To subscribe, click here. To learn more about No Kill Solutions E-News, click here. copyright 2005 No Kill Solutions Resource Center Page 1 of 5 O.:Kil!~~ i' N=,thanJ. Winogr. d N Executive Director Post Office Box 19269 ~ ' ': San Diego, CA 92159 ::::::.:::.: .: .: SOlUt o.n..s ..: ,,. ,.O ,,619'825'6219Teleph°neFax .... inf~o@ nokillsolutions.com When killing is not an option, you need No Kill Solutions... Nathan J. Winograd is the former Executive Director of the Tompkins County SPCA and Director of Operations for the San Francisco SPCA. He has created successful No Kill programs in both urban and rural communities, and in both animal control and private shelters. He has also created the country's first and only truly No Kill community (saving 100% of healthy and sick/injured treatable animals, and 100% of feral cats). In Tompkins County, he reduced the death rate 75%, more than doubled the average gift, closed a budget deficit, created a major donor category for the first time in the organization's history, and built a state-of-the- art Pet Adoption and Surgery Center. For a brochure, click here. Nathan .1. Winograd, the founder and director of No Kill Solutions, is a graduate of Stanford Law School, a former criminal prosecutor and corporate attorney, has helped write legislation at the state and national level, has spoken nationally and internationally on animal sheltering issues, and has consulted with a wide range of animal protection groups including some of the largest and best known in the nation. http://www, nokillsolutions.com/bio.hlm 2/8/2005 No Kill Solutions Resource Center Page 2 of 5 As Director of Operations for the San Francisco SPCA, Nathan J. Winograd was instrumental in advancing some of the most progressive shelter programs in the nation, and helped push the lifesaving rate to over three times the national average for an urban community and at the time, the best in the nation. He oversaw a budget of $8 million per year, supervised over 170 employees, and managed a range of programs including foster care, advocacy, adoption, animal behavior, finance, fundraising, human resources, intake, public relations, animal hospital administration and capital construction. As Executive Director of the Tompkins County SPCA, he managed the full range of animal control and adoption shelter services including capital fundraising and construction of a new Pet Adoption Center achieving unprecedented results. Despite animal control contracts which required the Tompkins County SPCA to accept all dogs and cats, during his tenure: ~ He reduced the rate of shelter killing in Tompkins County by 75% to 1,8 animals for every 1,000 human residents, over eight times : less than the national average and the lowest of any community in the United States; He led Tompkins County to be ranked the safest community for homeless dogs and cats in the U.S. for two years in a row (source: Animal People); and, Tompkins County became the nation's only No Kill community saving 100% of healthy and treatable dogs and cats, and 100% of feral cats. The Ithaca Journal credited Nathan 3. Winograd with a complete reinvention of the organization including: ~ Life-Saving Programs. Nathan ]. Winograd built a strong partnership with rescue groups, and created unprecedented http://www, nokillsolutions.com/bio.htm 2/g/2005 No Kill Solutions Resource Center Page 3 of 5 adoption, foster, advocacy, medical, behavior and training programs that made Tompkins County the safest community in the U.S. for homeless pets; Public Relations and Marketing. He had well over 400 media stories in 2003 alone with a minimal public relations budget, creating ongoing opportunities with local and national newspapers, magazines and radio stations; Capital Campaign and Shelter Design, He built one of the nation's premier Pet Adoption Centers complete with training and play spaces, a medical care/surgery suite, and state-of-the- art cat condos and dog apartments; Community Support. He solidified partnerships with major retailers for highly successful offsite adoption events, ongoing promotions to support the shelter, and increased community presence; Fundraising and Development. He closed a budget deficit prior to opening the new Pet Adoption Center, finished FY2002 and FY2003 with a financial surplus, raised the average gift for three years in a row, significantly increased membership, created a major donor giving category for the first time in the organization's history, and joined with businesses and corporations including Merrill Lynch, Autodesk, H&T Bank, and others to raise millions of dollars for the shelter; And more,. , His r~sum~ includes work for many organizations including: Allie Cat Allies Animal Leqal Defense Fund ASPCA Best Friends Animal Sanctuary Cornell College of Veterinary Medicine Tompkins County SPCA Farm Sanctuary Palo Alto Humane Society San Francisco SPCA Stanford Cat Network http://www, nokillsolutions.com/bio.htm No Kill Solutions Resource Center Page 4 of 5 "Winograd developed innovative programs that helped [San Francisco] become the first major U.S. community to end the killing of adaptable pets." (Michael Mountain, Ed., Best Friends Animal Sanctuary, Best Friends, March/April 2002, p. 18.) To read the entire article, Diary ora No Kill Shelter Director, click s County SPCA saved 100% of all he friendly dogs and cats, 100% of treatable sick and injured animals, and 100O/o of feral cats. Overall, 93% of dogs and cats were saved'..._ This amazing result was accomplished by an "open-door" agency that also contracts to perform animal control. Credit for saving so many cat and dog lives rests squarely on the shoulders of the recently retired Executive Director, Nathan Winograd." (Richard Avanzino, Ed., / MadtY~e's Fund, The No Kill Nation, September 2004, p. 2.) / ~cle, She~re.~ O "Tompkins County's SPCA is the safest place to be a homeless dog or cat, according to a national publication that tracks euthanasia statistics..." (Dan Higgins, Ithaca .lournal, January 3, 2003, p. 1.) To read the entire article, Tompkins SPCA boasts lowest kill rate in U.S., click here. O "Ithaca is leading the pack when it comes to animal protection..." thanks to "a dynamic executive director." (Herritt Clifton, Ed., Animal People, cited in Tthaca Journal, 3anuary 3, 2003, p. :1.) To read the entire article, Tompkins SPCA boasts lowest kill rate in U.S., click here. "It's impressive seeing an agency doing ten times better than the national average. Knowing that the local SPCA is doing afl it can to save the lives of the dogs..." (Nerritt Clifton, Ed., Animal People, cited in Ithaca Journal, January 20, 2004, p. B:1.) To read the entire article, Tompkins SPCA given top marks, click, here. Other Articles: The SPCA's Achievement: Curbinq a needless slaughter_ (200:1) No Kill policy yields dramatic results (200:1) http://www, nokillsolutions.com/bio.htm 2/8/2005 No Kill Solutions Resource Center Page 5 of 5 'Ithacaaize' other shelters nationwide (2004) GO TO TOP copyright 2004 htlrp://www, nokill~ot ution=, eom/bio, htm 2/8/2005 All the good news about animals, wildlife, and the earth Best Friends c o n t e n t s MAGAZINE k From the Editor 4 . * The lion of Afghanistan k Mysteries of Life · Magical mystery squid · Roach fossil · Parrot glow · Green galaxy k Oddly Enough · Gorilla highs · Religious poachers · Sheep aid · Vapor mb k Thinking Globally · Building bridges &hope · Norway protest · Manitoba hunting ban · Cafes for dogs · Brazil cimus ban · X-rated bullfighting · Whale coalition · Vivisection company flees UK · Grizzly ban · Pain-free research · Celebrity news · Photos from around the world Heroes& Heartwarmers I~ Animals & Society True tales of togethemess * Protesting the Olympic rodeo ~/I k London Hound · Fox battle · Cow recognition · Dinosaur shrubbery BEST FRI~DS MAGAZINE * Player duck Edlton~Micha~ Mmmtain published by Best Friends Animal Sanctuary, the nation's Re Managing Edltor~.'StevenHimno r- . largest sanctuary for abused /aU ~ Animals & the Arts Assistant Edtt~ Natalie Munro and abandoned animals. * Poetry for primates Senior Editor:. guile Richar~ Assoclat~ Editors: KdsU Littrefl. Best Friends, located at Angel t~O Anne ZePernick Canyon, in the majestic md-rock /"O ~, On the Wildside Photos: Liana de Peyer, Harry Munro country of southern Utah, is * Home is where the nest is Production: Araie Bishop. also home to a host of wildlife A,lison Moseley who find sanctuary here. t~n ~ The Earth Advertising: Ashisy'Rllman, DeniseKstty Best Friends operates a Iow- ~'~ · Garden of earthly delights Distribution: De~ise'Kstl~, ' ' cost spay/neuter program SANCTUARY & PROGRAMS and sponsors a nationwide ~ k Best Friends Animal Sanctuary Animal Care: ~iin Maloney network of members in rescue, ~.~,r. · News fi*om the sanctuary * FfV - Squelching the foster care and humane rumors · Special adoptions · Tomato the cat Rescue Outmach::Frescis Bat~sta education. Utah Program: Gregory Castle NoMoreHomatessPGts:BonneyBrown The sanctuary is supported /~ k The Animals' Bookshelf primarily by memberships and "J:~'- * Champions in review Vetadnarlan: Virginia Froehlich. DVM: donations, and subscriptions O~Jtovm: sherrYwoodard to this magazine. TLC Cat Club: fludah Nasr. VivianEbbs J~J~ k Health & Behavior Feafllered Frlends: Sharon St. Joan'.' Your contributions are tax- '~'~'~: · Dharma & Karma · Burned out? Home Haven: PautTham deductible. · Dreaming with cats Trsasuren John Frigo Best FfiendsanlmalSanotuary BEST FRIENDS MAGAZINE is 5fl k On the Young Side Kanab, Utah84741-5000' published by Best Friends Animal ....v * The Cassowary * Wacky facts * Art * Puzzles Phone: (435} 644-2001 Sanctuary, Kanab, Utah 84741-5000. Fax: (435) 64~-2078 Subscriptions are $25 (G issues per 1~ k Mowd~ers & Pets e-mail: editor~bestffiends,org year). Standard A postage paid at www.bestfriends.org ~/.~ * Shark's attack! * Letters * Sweet memories Berne, Indiana. Vol. 11, issue 2© 2002 Best Friends Animal Sanctuary. All ADVERTISING OFFICES: rights reserved. ~'~ k On the Light Side LosAn~fles:AshisyTillman, (818) 762-2001 UU · Dog thief · Monkey bribes · Monkey's bus ride New York: Denise Kaily, (212) 5924)743 Cover photo of Bradley by * Parrot saw · Parrot eviction · Lisa the worm Harry Munro * Top ten things your cat wants you to believe no mOre hbmelbss pets' Diary of a No- Kill Shel' A former California district attorney, Nathan Winograd, joined the San Francisco SPCA in 1995 as their Director of Ethical Studies. Working with Richard Avanzino on and off for several years, and with a special passion for feral cats, Winograd developed innovative programs that helped the city on the bay become the first major U.S. Community to end the killing of adoptable pets. Last year, Winograd packed up a suitcase filled with ideas and shepherded his wife, kids, and two dogs across the country to Ithaca, New York, where he became executive director of the Tompkins County SPCA. ~ By Nathan Winograd As I approached the house that was home to Tompkins County's SPCA, I was planning for my first ~wo weeks to be a learning time. I wanted to get to know the staff and see their routine: everything from how they fions. None of those either. So much for my plan to be the silent cleaned the kennels and fed the animals to how they tested ag- observer. It was time for a staffmeeting. gressive dogs, investigated cruelty complaints, and handled ani- I introduced myself formally, told them about my background mats that were sick. I wanted to know how every little thing ran. and experience, and shared my view of what constituted a suc- I had my own philosophy and approach of how an animal shel- cessful shelter. Success, I said, is defined by how many animals ter could work best. But I wanted to give the staff an opportunity go.ho~e alive, period. Of course, we want to make sure they are to share their own views without being worried that their views going rote responsible, loving homes - anything less would mean would conflict with mine. that they would come fight back, taking us further away from, not The first day went pretty well. I at least got a sense of where closer to, our goals. But finding homes, I emphasized, was the everythingwas. DayTwo, my staff informed methat our dog ken. bottom line. And everyone would be measured by results. The nels were full and that since a litter of six puppies just came in, I rest would fall into place: community support, new resources, and needed to decide who was going to be killed in order to make the programs that follow. To get the results, we needed the desire space. I asked for Plan B. There was none. I asked for sugges- to succeed, the creativity to come up with solutions, and the flex- ibility to implement them. I got nowhere. "We don't have anywhere to put them." "We ~ ~ We did it wi~h a si['~ple, yet 'This is how we have always done it." don't have any foster parents who would take dogs or puppies." highly effective three-step process:Day Two and my experiment with trying to build consensus came to an end. It was time to lay out my own policy. 1) Stop the killing. 2) Stop the killing.'Vohintee~ who work with animals do so out of sheer love, I said. "They don't bring home a paycheck. So ifa volunteer says 'I 3) Stop the killing, do it:Ieanaccept that from them. But staff members are paid to save lives. Ifa paid member of staffthrows up their hands 1~ BEST FRIENDS MAGAZINE March/April 2002 go home alive. and says. "There's nothing that can be done," I may as well el{mi- moved on, eventually replaced with new coworkers who shared a nate their position and use the money that goes for their salaD, in vision of a no-kill Tompkins County. In the meantime, not a single a more constructive manner...like hiring tempomD, boarding space animal was kill ed for lack of space. at a kennel. So...what are we going to do with the puppies that The TC SPCA was set up like hundreds of humane societies doesn't involve killing any animals?" throughout the country. It maintains an animal control contract And a solution was found: horse troughs for puppies in the with the city of Ithaca as well as all ten townships in the county. lobby next to the front desk. What belter way to showcase those That means they are required to lake in all stray and abandoned little gems, while simultaneously giving them much needed so- animals. The scm{rural/urban county has a population of 100,000 cialization that would lead to happy permanent placements? people. The TC SPCA has an annual budget of S616,000 and takes The next weekend, 70 kittens were relinquished to the shelter, in approximately 3,000 animals per year. above and beyond the regular number of incoming dogs, cats, and So how does a traditional shelter make a community no-kill? other assorted animals (including 16 mice left out by our InTompkinsCounly, we didit with asimpleyet highly effective dumpster). As the humane officers informed me that they had just three-step process: (1) Stop the killing; (21) Stop the killing; (3 I raided a residence and were bringing in 30 sick cats, I overheard Stop the killing. I am not joking. No-kill starts as an act of will. one staffmember say to another, "Maybe now he will euthanize Like so many shelters with animal control contracts, the TC some animals." Back to square one. 1 explained that killing for SPCA had relied on the fiction that the only solution to pet over- space was no longer an ophon. Again, appropriate alternatives population is the "blue [euthanizing] solution." Staffwould shake were found, their heads and continue to blame "irresponsible owners" for the Not all staff was supportive of the new order. Over the next fact that so many animals would go out the door in barrels rather five months, seven of the twelve full-time employees on staff than in the loving arms of families. Like so many other shelters, the TC SPCA never once saw the killing as its own failure to find ~.!. ~: solutions, meet its real mandate to be an animal welfare organiza- '~ ~ tion, or live up to the very real but often ignored shelter credo that "every life is precious." But now, a new Board of Directors had decided to make a change. ..... Over the next six months, I developed a flurry of pro,ams to ~ increase the number ofhomas, reduce birthrates, rehabilitate in- jured animals, and keep animals with their loving, responsible caretakers. '~.~- Next, I approached every veterinarian in the community and "Undemtanding that the only rule that can't be broken is the no-kill rule, the bottom line is th}s: Evaluate and treat each animal as an individual and stay flexible. "Too many shelters lose sight of individual animals, stay- ing rigid with their shelter protocols, believing that these are engraved in stone. They are not. Protocols are impor- tant because they ensure accountability from staff. But pro- tocois without flexibility can have the opposite effect: sti- fling innovation, causing lives to be needlessly lost, and allowing shelter employees who fail to save lives to hide behind a paper trail. 'Come what may, you are only successful if the animals go home alive. The number of children reached through humane education is nice, the number of volunteer hours amassed is nice, the size of the endowment is nice. None of it amounts to much if the save rate (the percentage of ! app/vached ever3, veterinarian in the communii¥ and asked, animals going home alive) is not steadily increasing every "How much will you charge me for spay/neuter ~nd for year. Everyone gets a home: treatmentx? 14qll you waive your oj~fice.fees?" BEST FRIENDS MAGAZINE March/April2002 19 no more homeless pets treatments? Will you waive your office visits?" ~--~ - ....... . I went down the list of what I thought we would need. I went to !~i" t ] the local universities and asked, "What can you provide? Do you bring them back to normal behavior?" . We went to the media and said, "Can you showcase our avail- able pets once a week on the local news?" Now, we're on the local TV news once a week, we're on the local rodin station once a week, and we're in the local newspaper once a week. So at least ~i~~i~~rai~ three times a week, we're out there. ~! - ' I contacted every church, every community group, and said, t~' Anyt'me you have an event, I'd like to be there and bring some pets who need homes." I didn't get any no's. Everybody said, "That Opce we got the ball rolling, the calls star[ed coming in. "I'm opemng up a new store. Can you bring some kittens for adopiion?" When I started, the staff didn't really want volunteers around. The then-shelter manager informed me that "volunteers are more trouble than they are worth." Once we adopted our new route, we ~ ~.£ ~ ~ ' . went very quickly from a handful ofvolnnteers to about 140. Dur- Once we got the ball rolling, the calls started coming in. 'Tm lng the summer, we were, unfortunately, even turning volunteers opening up a ne**, store, can you bring some kittens for adoption ?" away. We had our dogs going out for so many walks that they ' ' were not in the kennels long enough to be viewed by the public came to look at them, I didn't have all these empty cages. for adoption! I had to limit them to three walks a day. I had to I spent my first two months apologizing for the past actions of have the dogs in the kennels long enough so that when an adopter the organization and for how poorly people were treated. People want to save lives. What they don't want to do is help you kill animals. So it was nice to be asking volunteers to let the dogs just sit in the kennels for a little. And so we went from excuses to answers, from blaming to solving. And during our peak summer season, the death rate in Tompkins County plummeted by 78%. We didn't just save cute and cuddly animals, either. We found loving homes for old pets, blind pets, and pets missing limbs. The number of animals steril- ized prior to adoption went from 10% to 100%. We went from a handful of foster homes to 196 during our busy summer months. While all of the healthy, friendly pets were saved, overall almost 9 out of 10 dogs and cats impounded by the SPCA were either re- claimed by their owners or foand new homes, one of the best "save rates" of any county in the United States. And the level of com- munity giving skyrocketed. Next year, Tompkins County SPCA will be 100 years old. And next year, we'll be the first traditional shelter that serves as an animal control agency and assumes the responsibility for every stray animal, where no feral cat or sick or injured treatable animal is euthanized. That has been the case since my first day at work, J~ne 11,2001. And that includes goats, chickens, bunnies, guinea pigs, and other assorted critters, too. We did it not with a big shelter, not with buckets of cash, but with a simple, firm commitment to stop the killing and the flex- ibility to see it through. It started with six puppies in a horse trough. Today, it involves hundreds of animals in foster care, hundreds more traveling to off-site adoptions, a coalition of breed-specific ;~ rescue groups, local veterinary participation, and a community that has faith in its shelter and wants to support our lifesaving ~:': ~::, results. Is each life precious as every shelter tells us? Only if we believe that at the end of the day, every death ora healthy, treat- A volunteer cuddles one of the dogs rescued from a puppy mill. able sick or injured animal or feral cat is a profound failure. And The shelter went from a dozen to 140 regular volunteers and only if the shelter director acknowledges that the responsibility front a handful of foster homes to 196 during the summer, for the death is his or hers alone. · 20 BEST FRIENDS MAGAZINE March/April 2002 -No More Homeless- so aU an'sst Top the eys Pets Conference ----Or~---~'~= ~, ~.....n,~ presented and sponsored by: an all be done very cost-effectively!} Best Friends Animal Sanctuary Know Thyself. How many animals coming into the shelter are neonatal kittens and puppies? How many are dogs with hostedby: behav oral problems? How many are s ck or injured? How PAWS Chicago are they coming to the shelter- are they surrendered by own- ers? Strays? Different problems need different solutions. April 26 - 28,2002 Lend a Hand. When I arrived in Tompkins County, the then- shelter manager told methat ~volunteers are more trouble Chicago, Illinois than they are worth." Not so. We increased our volunteer core to 140 from about 12 by asking people for their help and tell- ing them what their help would accomplish. Volunteers put in Join us for this landmark gathering 10,300 hours last year fostering, socializing, grooming, and of experts from across the country caring for shelter pets. as we explore strategies to develop In Foster Parents We Trust. tf I trust them to bottle-feed baby no-kill communities. kittens for four weeks around the clock, I am going to trust them to place the kittens with loving, responsible caretakers - after we spay/neuter them· Featuring: A keynote address by Michael Mountain, There Goes the Neighborhood. We attend every neighbor~ and a special panel of top media professionals who hood fair, grand opening, church bazaar, and community will share insights into how we can get more coverage event. We set up shop at corner malls and stores. Over 10 for the animals. our adoptions occur off-site, and the number is steadily increasing. Speakers include: RichardAvanzino, Francis Ballista, Public Access. We are open seven days a week until 5:30 Paul Berry, Ed Boks, Bonney Brown, Gregory Castle, RM., giving working people an opportunity to reclaim lost pets Jufie Castle, Merritt Clifton, Susan Easterly, Paula orfindnewones. Thisdoesn'tnecessarilymeanlongerhours, Fasseas, Bonnie Harris, Lisa Lubin, Faith Maloney, just different ones~ · Michael Mountain, Becky Robinson, Mary Shurtleff, Joe Do As I Do. Thanks to partnerships with local vets, no ani- Sprague, Dennis Stearns, Bill Theobald, Nathan mai goes home unaltered. We get vastly discounted fees on care for our sick and injured animals, and we helped develop Winograd. community programs that provide Iow-cost spay/neuter to Topics include: Life-saving Programs, Coalition Bu#d- those in need. Last year, 568 pets of Iow-income Tompkins County residents were altered, lng, Volunteers, Feral Cats, Community Involvement, HearYe, HearYe...Get those press releases out. Got a great Mobile Spay/Neuter Programs, Burnout, Marketing heartwarming news story? Having an adoption day? Get the Shelter Animals, Fundraising. word out on events and stories every single day! Staying in the public eye raises awareness, increases the number of For more information contact: homes, and brings in the bucks. Get ByWith a Little Help FromYour Friends. Ask, ask, and Best Friends Animal Sanctuary ask for help-for money, for volunteers, for homes, for rescue phone: 435-644-2001 ext 129 fax: 435-644.2078 groups, for foster parents. Speak at community groups and e-maE: info~bestfriends.org always end by asking them to support your lifesaving work website: www. be~ by opening their hearts, homes, and wallets to the needy animals who make their way to your shelter· Ignore Conventional Wisdom. Advice that comes from the old-guard organizations that fancy themselves the teachers of local shelters is often mired in the past and not terribly V~s~tir~ Best Friends effective. Local shelters and rescue groups know their corn- The Best Friends Welcome Center is open every day munity better than anyone else. Look around, stay flexible, except Christmas from 8:30 A.M. to 5:00 P.M., Moun- think creatively, and act boldly - even if it is not on the "ap- tainTime. practices· The sanctuary covers a large area and some of the Where There's aWgI,There's away: No-kill begins and ends animal areas are several miles apart. Guided tours of as an act of will Do not ever accept that killing is a legitimate the sanctuary leave from the Welcome Center twice and appropriate 'solution" to homeless pets. Stay focused, work hard, make sure there is a direct lifesaving effect with daily. They need to be booked ahead of time. the programs you implement, and get rid of the ones with no To book a tour, or for more information, e-mail immediate measurable impact - and you'll get results, visiting@bestfriends.org or call (435) 644-2001, ext. 0. BEST FRIENDS MAGAZINE March/April 2002 21 No Kill Solutions Philosophy & History Page 1 of 6 Executive Director NO Post Office Box 19269 San Diego, CA 92159 619.825.6219 Solut Ohs% ' 619.825.6655 Fax inf_ o~no killsolutions.com When killing is not an option, you need No Kill Solutions.. In the nineteenth century, a new humane ethic spread across the United States bringing hope for millions of animals throughout the nation. While early SPCAs and humane societies focused primarily on trying to save lives and end the abuse of food and working animals, it did not take long for these animal welfare pioneers to turn their attention to eliminating the public display of cruelty and inhumane killing methods favored at the time by city and town dog catchers. But within a short period of time, most mainstream SPCAs and humane societies had abandoned their traditional platforms of prosecuting cruelty and advocating on behalf of animals in order to handle dog control instead. By the mid-2Oth century, they were doing little more than killing animals, regardless of whether happenthe animals? were suffering or not. How did this The Birth of a Humane Nation The nineteenth century was an era of sweeping social change. From abolitionism to women's rights, from the elimination of child labor to the closing of economic inequities, the pioneers of these movements laid down the bricks in a foundation to building a humane nation. And our own-the prevention of cruelty to animals-was no exception. The first SPCA was founded in 1866 in New York City, and spread from there very quickly. Within a short period of time, Canada and 25 states and territories across America had used the SPCA as a model for their own, independent humane societies and the numbers continued to grow. In short order, virtually every major city in the United States had an SPCA or humane society. Early SPCAs and I ...... http://www, nokillsolutions.com/philosophy.hlJn 2/8/2005 humane societies advocated for laws and practices to protect and enforce the rights of animals. Their platforms initially focused on the plight of working animals and those slaughtered for food. But given practices favored at the time, it did not take long for them to turn their sights toward fighting against cruelty by local dog catchers themselves. In the nineteenth century, all stray dogs not redeemed were killed in masse. The majority were shot. Some buried alive. Many more were drowned, with the largest dogs beat on the head with a club until they stayed underwater. Often, they were killed in what one newspaper called "the terrible iron crate," where struggling dogs were dropped in the river several times until all the dogs had drowned in front of a crowd of neighborhood children. ~ Changing of the Guard In 1872, a Pennsylvania SPCA took it upon itself to put an end to these cruel methods of slaughter, as well as their public exhibition. By accepting the first pound contract in the United IStates, they took over the work of taking in stray dogs and introduced a gas chamber to replace old, slow, more painful practices of killing stray animals. But the Women's Pennsylvania SPCA went two steps further. First, they set up a humane education program promoting lifetime commitments and the importance of keeping pets in the home. And second, they offered homeless animals for adoption. Those three concepts-education, adoption, and humane "euthanasia"- were embraced on a national scale with the founding of the American Humane Association several years later and have been the mainstays of sheltering ever since. In a very short period of time, the guaranteed source of income provided by animat control contracts helped sway many SPCAs and humane societies to abandon their traditional platforms of advocacy, prosecution and direct action in favor of administering dog control for cities and counties. In virtually every American city, the pound work of the town had been placed in the hands of the local SPCA or humane society. The Status Quo Unfortunately, the end goal of saving lives was never allowed to fully play itself out. By the middle of the 20th Century, most mainstream humane societies and SPCAs were doing little more than killing dogs and cats. A Boston shelter put it bluntly: "We keep all dogs we receive, unless very sick or vicious, five days; then those unclaimed are humanely put to death except a limited number of desirable ones for which we can find good homes. We keep from twenty to thirty of the best of the cats and kittens to place in homes and the rest are put to death... We do not keep a large number of animals alive." From New York to California, killing became the centerpiece of shelter http://www, nokillsolutions.com/philosophy.htm 2/8/2005 No Kill Solutions Philosophy & History Page 3 of 6 strategy. How did this happen? According to one national group, people "who do not spay and neuter are the greatest single cause of the companion animal tragedy... Each day an estimated 70,000 puppies and kittens are born (25.5 million a year). Six to ten million, we classify' as 'surplus' and kill... The problem is simple: we have too many dogs and cats. Too many for the too few homes available." But is this true? From the shelter director's perspective, the togic appears inescapable. There are only so many cages, limited numbers of kennels, few adoptions, and day after day, the wave of animals keep coming through the door: kittens that were unplanned, a dog that has become a burden, the stray cat nobody wants· One shelter director explained it like this: "You build a shelter with 200 cages. Today, you get 50 homeless animals and you place The other 40 go into cages. Tomorrow, you get 50, but only 15 total go home. When the fictional shelter is full [people] suggest building more cages, which we do, but then those cages are quickly filled... The inflow of unwanted animals is an ongoing phenomenon." What do you do with the rest? In just one American city, of 25,000 cats who come in through the doors every year, 21,000 will be put to death. Over 80% will die, most never even offered for adoption. Multiply that by every city, every county in the United States and the picture is bleak. But the irony is that much of this suffering is conducted under the watchful eye of self-described "animal lovers" who feel they are doing the right thing. In fact, it is often these "animal lovers" who administer the "cocktail" to disorient the animal, who bring the dog or cat into the "euthanasia" room, hold him down while he struggles to make sense of what is happening, and then administer the fatal dose. Day in and day out, until the numbers simply become staggering. And so the years came and went since the founding of our movement, and with it came the solidification of the belief that there was simply no other http://www, nokillsolutions .eom/philosophy. htm 2/8/2005 No Kill Solutions Philosophy & History Page 4 of 6 way. That the best we could do for homeless animals was to give them a "humane" death. That killing animals is an act of kindness, something we do as a favor to them in order to put them out of their "misery," without regard to whether they are suffering or not. "It's an impossible, almost schizophrenic situation," one commentator wrote. "Shelter workers themselves spend half their time protecting animals and the other half killing them." And in the end, the goal of creating a truly humane society was pushed aside by the day-to-day ordeal of intake and disposition of dogs and cats in shelters across the country. And hope for the future was replaced with despair. And then despair turned to anger. The humane movement began to blame the very people it needed to embrace in order to effect change. Shelters across the country enacted laws that put a stranglehold on the community-pet limits, registries, even laws making it a crime to feed stray cats. As a result, compassion became control. And animals-the healthy and treatable side-by-side with the hopelessly ill-died in shelters by the millions. To cope with the deaths, shelters built walls to protect themselves. They assured themselves that there was no other way. They generated innovative workshops to help shelter employees "cope" with "euthanasia." But innovation that would change the status quo got lost in the now-all-too-familiar clich~ that there were just "too many animals, and not enough homes." It is time to recapture our roots. The No Kill Movement In 1994, the City of San Francisco broke this tradition and ushered in the modern "No Kill" ' movement. The San Francisco SPCA guaranteed a home to every healthy dog and cat who entered the shelter system. But ten years after San Francisco's groundbreaking accomplishment, only one other community has so far achieved that elusive goal. In 2001, Tompkins County, New York became the second community in the nation to guarantee a home to all healthy, homeless dogs and cats. And in 2002, Tompkins County went one step further by saving 100% of sick and injured treatable animals and :100% of feral cats. It repeated that historic achievement in 2003, earning national acclaim as the community with the lowest per capita euthanasia rate in the United States. At the same time, it closed a budget deficit more than doubled the average gift, drastically increased membership, finished with operatinq surpluses, all while maintaining its animal control contracts and responsibilities. Since then, many other shelters, cities and towns have also http://www, nokillsolutions.com/philosophy.htm 2/8/2005 No Kill Solutions Philosophy & History Page 5 of 6 announced ambitious plans to become No Kill communities, but many more are mired in defeatism, convinced that there is nothing we can do. One shelter administrator stated openly that the "only solution to pet overpopulation is the blue solution," in reference to the blue- colored hue of the euthanasia drug fatal-plus. No Kill Solutions At No Kill Solutions, we believe that--as a movement--it is up to us to put aside the fatalistic attitudes that change is impossible; that the best we can offer homeless animals is a "humane" death; that a No Kill Nation is unattainable. It is up to each and every one of us to work together to implement sheltering models that have saved thousands of animals in San Francisco, California and Tompkins County, New York. A No Kill Nation is within our reach; and if we work together-with certainty of purpose, assured of our own success, with the philosophy of "what must be done, will be done"-the attainment of our goal will not be far off. As Tompkins County and San Francisco have proven - both shelters which Nathan .1. Winograd ran - no kill is possible, it is cost-effective, it can co-exist with animal control responsibilities, and it can be done regardless of whether you live in a major urban community or in the rural countryside. And No Kill Solutions can help. For more information, visit our resource library, subscribe to our newsletter, attend one of our conferences or training academies, or contact us about programs and services for your community. http://www, nokill solutions.com/philosophy.htm 2/8/2005 No Kill Solutions Philosophy & History Page 6 of 6 copyright 2004 httn://www, nokillsolutions, cored~hilosonhv.hlm 2/8/2005 I~ A N C H O C U C a M O N G A CO ~11~1 U N ITY c~ I~ l~Vl C E& SlaffReport DATE: February 16, 2005 TO: . Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director Joe O'Neil, City Engineer BY: Paula Pachon, Management Analyst III Karen McGuire-Emery, Senior Park Planner SUBJECT: PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE RECOMMENDATION: 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. This report is provided to the City Council for informational purposes only. No action need be taken on this item. A. PARKS AND FACILITIES UPDATE Central Park: · Preparing for equipmentJsystems testing by mid February. Working on finish carpentry, flooring and interior doom and hardware throughout the building. Base Line and Milliken Street improvements are complete. Central Park Landscape and Irrigation Project: · Remaining trees are being planted along with shrubs. Irrigation installation is continuing. Hydro-seed is scheduled for the middle of February. Rancho Cucamonga Cultural Center Project: · Project proceeding well. Theater basement walls have been waterproofed and the seat area has been backfilled. The Event Area footings are ready for steel. The plumbing and electrical underground rough is complete and the footings are being poured. Victoria Arbors Park: Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 · Working on installing restroom fixtures. Continuing installation of backstop and fence at ball field. Play equipment scheduled for installation early March. B. COMMUNITY SERVICES UPDATE Senior Services: · Our seniors were treated to a wide variety of events during the early part of the month Of February. These included: Black History Month (February 3rd), Super Bowl Party (February 6th), Mardi Gras Celebration (February 8th), Chinese New Year (February 9t~) and our annual Valentine's Party (February 10th). This made for a very busy but enjoyable time for all. · The seniors' annual St. Patrick's Day celebration will take place on Thursday, March 17~h starting at 10:00 a.m. at the Senior Center. Entertainment, games, green food and good old Irish fun will all be part of this fun-filled event. · The five-city Golden Follies Talent Showcase will take place on Saturday, March 19th from 2:00 p.m. until 4:00 p.m. at the Montclair Community Center. · The Senior Advisory Committee will hold their next regular scheduled meeting on Monday, February 28th, at 9:00 a.m. Trips and Tours: · Aquarium of the Pacific with lunch at Bubba Gump's Shrimp Company - February 26, 2005. Join us as we take a journey of discovery through the world's largest ocean at the Aquarium of the Pacific. After a ride to Long Beach's scenic shores in our deluxe motor coach, enjoy a self-guided tour of the Aquarium of the Pacific, including two levels of exotic fish and sea life. After the tour, we'll surf on over to Bubba Gump's Shrimp Company for lunch. Cost: $52.00 per person. · Murder Mystery at Lawry's Prime Rib - The Terminated Tenor- March 13, 2005. Celebrate St. Patrick's Day in style with a murder mystery lunch and show. Cost: $89.00 per person. Human Services: The Human Services Division has enhanced its referral program to include the following services: · Home Maintenance Services: The Oldtimers Foundation provides seniors with an on- going home maintenance service. Services include minor plumbing, electrical and carpentry repairs. For moro information, call the Oldtimers Foundation at (909) 822- 4493. · Operation Strateclic Support: Help supply our military's deployed Armed Forces with items they miss everyday such as grooming aids, letters, magazines, newspaper clippings, videos, games, non-perishable foods, phone cards, etc. If you are interested in donating to our nations heroes, please call (909) 477-2780 for more information. Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 · Free Income Tax Preparation: The City of Rancho Cucamonga and the American Association of Retired Persons (AARP) will be providing free Federal and State income tax assistance to those of Iow to moderate incomes. The tax consultants are AARP volunteers that have passed the IRS and State exams. No appointments are necessary. Participants will be assisted on a first come, first served basis. Please call (909) 477- 2780 for dates and times. · Mini-Resource Directory: The Human Services Division has created a Rancho Cucamonga Community Services Mini-Resource Guide for the Inland Empire. The following programs/services will be included: Abuse & Domestic Violence, Addiction Treatment, Anti-Gang Programs, Basic Needs & Emergency Assistance, Children & Youth, Consumer Information, Counseling & Mental Health, Education & Literacy, Employment & Volunteering, Family Planning & Parenting, Health & Medical Services, Hotlines, Housing, Legal Assistance and Senior Services. Mini-resource guides will be available at all City facilities in February. · The Dr. Is In: Dr. Harvey D. Cohen, M.D. will present the following lectures at the Rancho Cucamonga Senior Center in February: -Kidney Stones: Tuesday, February 15, 2005, 12:00 p.m. -Hormone Replacement Therapy: Wednesday, February 16, 2005, 7:00 p.m. · Health Screening: The next FREE health screening will be on Tuesday, February 8, 2005, from 9:00 a.m.-12:00 p.m., at the Rancho Cucamonga Senior Center. Health assessments are conducted by nurses from the San Bernardino County Department of Public Health to individuals 60 years and older and included the following: health history, pulse, blood pressure, height, weight, hemoglobin and blood sugar. Counseling and referrals are also available. · USDA Food Commodities: The San Bernardino County Food Bank, along with the City of Rancho Cucamonga, distributes surplus food on the first Monday of every month to eligible residents at the Rancho Cucamonga Senior Center. Eligibility is based on income and the size of the household. Distribution begins at 1:30 pm on a first come, first served basis. There is a homebound delivery program for the physically disabled. Proof of residency and income are required. Volunteer Services: · '~Ve Love Our Sensational Senior Center Volunteers" - Volunteer Services and Senior Services held a volunteer appreciation event on Monday, February 14th for all volunteers who work out of to the Senior Center. It was the perfect opportunity to acknowledge the current core group of Senior Center volunteers before the relocation to Central Park. Each volunteer received a gift bag of goodies and a Valentine's thank you card from the City. · The table on the next page summarizes the Community Services Department volunteer usage for the month of December 2004, and the totals from September through December 2004: Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 Month: December 2004 September-December 2004 #Volunteers # Hours $ Value # Volunteers I # of Hours $ Value Administration 5 15 210 2¢ 6¢ 840 Sports 20§ 5,046 70,644 454 7,214 100,996 SeniodHuman Srvs. 81 770 10,780 338 2,925 40,950 Special Events 51 203 2,842 116 438 6,132 Youth Programs 91 722 10,108 252 1,43§ 20,146 Salary based on rate of $14~r Teens: · The table below summarizes teen proqram attendance for the month of January 2005. Program Attendance / Month - January Teen Center 572 TRAC - Babysitting 71 participants; 9 volunteers TRAC - Monthly activities 38 participants; 1 meeting Spruce Skate Park 611 Teen Connection 102 hrs; 6 volunteers Babysitters/CPR Workshop 62 · During the month of January, the Teen Center celebrated several National Month Days that included Spaghetti Day, Oatmeal Day and Popcorn Day. Other highlights for the month were a basketball tournament, movie day, wheel of fortune game, Peanut Butter & Jelly sandwich day, hot chocolate and cookies day. The big event for the month was the first annual Glam Girl Slumber Party (girls only). The night was full of fun games, crafts, food, music, movies, make-up, and other girlie things that a typical slumber party would offer. It was a big hit and guaranteed to be even bigger and better next time around. Coming up in February is the annual King and Queen Ball. · Teen Center Homework Room is currently closed waiting the upgraded computers that can handle the latest software. It will also be painted and redecorated to make it a pleasant place to do homework · Teen Recreation Activity Club, TRAC, started the winter session with a fun and new crafty project. Fifteen new members attended our January meeting. The main focus at this meeting was making Valentine cards for our troops in Iraq. The cards will be mailed through the "Letters From Home" program based in Pennsylvania. TRAC babysittinq numbers have continued to increase. The parents in the community are pleased to have this program because it allows them the opportunity to spend quality time with each other and at the same time feel comfortable knowing their children are having fun interacting with others, playing games, doing arts and crafts, or watching the latest movies out on video. In February, TRAC is planning to have a canned food drive for the less fortunate. Food collected will be delivered to local churches and shelter food pantries. Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 · The Spruce Park Skate Park continues to be a hub of activity. During the month of March staff beings the safety assemblies at four local elementary schools. The safety program has been very well received in the past by school staff, students and parents. · Teen Connection is providing volunteer opportunities for high school students that need community service projects for graduation. This month teens participating in this program volunteered with our Babysitters Workshop, Glum Girl Slumber Party and at the RC Teen Center. Staff, continues to serve these students by making every effort to place them in a Community Services Department program to help them fulfill their volunteer requirement for graduation. · Teen Workshops - A Babysitters/CPR workshop was held at Lions West on Saturday, January 29, 2005 from 9:00 a.m. until 3:00 p.m. Over 60 participants participated in this information program. We will be looking to offer this workshop more often with fewer participants in each class to better serve them. · Our next big event will be the Career Expo that will take place in March. This major event is the perfect opportunity for teens and their parents to explore various career options and educational/vocational requirements. · REAL- The Rancho, Etiwanda, Alta Loma, Los Osos Hiqh School Advisory Committee- continues to meet monthly to plan and develop new programming for high school students. Youth Activities: · Our Playschool Classes Playschool registration is currently at 797 students in 49 classes. Waiting lists still exist for many of our Playschool classes. January's attendance in our Playschool program was an astounding 14,197 youngsters, between the ages 1 to 5. · The Mobile Recreation Program "Fun on the Run" is becoming a fun neighborhood event. The Fun on Run started up again January 31st after the holiday break and will continue throughout March. Our Mobile Rec birthday party is scheduled for April, and will be themed "Be a Super Hero". Staff will have many great activities planned including real live super heroes. Weekday Park Location Program Time '~ ~';~l~]~J~'~ Monday Bear Gulch Park 2:30 pm- 5:00 pm Tuesday Hermosa Park 2:30 pm - 5:00 pm ..... Wednesday Old Town Park 2:30 pm - 5:00 pm c~,,.~,~,~_, Thursday Ellena Park 2:30 pm - 5:00 pm Friday Windrows Park 2:30 pm - 5:00 pm Lewis Partnership: · The Lewis Kids Club operates Monday through Friday from 2:30 p.m. until 4:30 p.m. at the following apartment complexes in Terra Vista: Del Mar, Terra Vista, Evergreen and Carmel on alternating days of the week. Attendance for the month of January was 207. The Kids Club had a fantastic time making piggy banks this month out of water bottles Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 along with other fun crafts. Kids Club continues to offer a homework club. The Lewis Kids Club will be doing crafts and activities leading up to Super Bowl Sunday. In addition, they will be doing valentine craft projects in preparation our Valentine's party. · The Lewis Teen Center operates Monday through Friday at Terra Vista Sycamore Terrace from 2:30 p.m. until 4:30 p.m. The Teen Center provided 315 teens with fun and safe after school activities during the month of January. This number has nearly tripled since October. The Teen Center had a poster contest this month. The poster had to represent the Lewis Teen Center. The winning poster was submitted by Jasmine and was outstanding The Teen Center will continue to have competitive activities through the month in the spirit of the Super bowl and leading up to our March madness event. Facilities: · The table below displays buildinq rental and recreation contract class attendance numbers for the month of January 2005: Activity Program Number Attendance Lions East Rentals 87 bookings 820 Lions East Building 566 facility hours 6,067 Lions West Rentals 243 bookings 4,452 Lions West Building 639 facility hours 2,491 Winter Session Contract Classes 300 classes 20,000 · Staff is continuing to meet quarterly with users of the Equestrian Center to address maintenance needs and programming. Our local groups are very cooperative and supportive of the City's efforts. · Park monitors keep daily reports of activities in our parks, often helping out residents in need of assistance. Youth Sports: · The Sports Advisory Committee's next meeting will be April 13, 2005. The fall (August 1, 2005 - January 31 ) field request forms are due. · The table below summarizes youth sports activities for the reporting period: Activity # Participants Age/Gender # Teams Pee Wee Basketball 182 3-5/boys & girls 19 Youth Basketball 965 8-14/boys & girls 124 Youth Track and Field 80 8-14/boys & girls N/A Cucamonga Middle School- 35 6-13/boys & girls N/A Youth Sports Camp Cucamonga Middle School 20 8-adult N/A (CMS) Judo Cucamonga Middle School 64 8-14/boys & girls 8 (CMS) Youth Basketball Practice Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 RC Family Sports Center: · The table below provides drop-in/open play participation at the Center for the reporting period: Activity # Participants Adult Basketball 861 Youth Basketball 1,698 Adult Racquetball 485 Youth Racquetball 104 Adult Volleyball 21 Youth Volleyball 113 Jazzercise 1,190 · The table below summarizes organized Adult Activity at the Sports Center during the reporting period: Activity # Participants Age/Gender # Teams Racquetball 20 Adult/Male & Females N/A Basketball (full court) 200 Adult/Males 20 Basketball (3-on-3) 60 Adult/Males 8 Adult Sports: · The table below summarizes adult sport activities at the Epicenter for the reporting period: Activity # Participants # Teams Gender Softball 2,304 144 Males/Females Tennis 25 N/A Males/Females · There are four adult softball tournaments scheduled for the month of February at the Epicenter and Adult Sports Park. Non-Profit Sports Organizations: · Bi-annually, the Community Services Department, through the Sports Advisory Committee allocates sport fields for non-profit or.qanized youth sport leaques. For the reporting period, 10 non-profit sport groups utilized 18 City parks and had 59,907 participants and spectators enjoying our parks during both practices and game times. Special Events: · The 2005 schedule of banner displays for the calendar year 2005 is now complete. Currently we have 22 banners that will be displayed this year. These banners include: Registration, Central Park Grand Opening, Summer Concerts and Movies in the Park, Quakes Baseball, Spark of Love and many more. * Staff is currently planning for our Central Park Grand Openinq. We will be conducting a ribbon cutting ceremony for the James L. Brulte Senior Center in the early morning and a ribbon cutting ceremony for Goldy S. Lewis Community Center in the late morning. Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 The facility will be open to the public for facility tours until late afternoon. Due to construction, the exact date of the event has not yet been confirmed. · Other special events that staff are working on include: Cinco de Mayo at Old Town Park, our annual 4t~ of July Fireworks Celebration at the Rancho CuCamonga Epicenter, as well as booking movies and bands for this summer's Movies in the Park program and our annual Concerts in the Park series. Cultural and Performing Arts: · Auditions for the City's upcoming theatre production, "The World Goes Round" attracted some amazing talent from local residents and neighboring communities. After conducting two audition sessions, the show directors selected five fabulous female vocalists from approximately 60 auditionees, to handle much of the show's 30+ musical numbers. Four of the five ladies (all of whom are between the ages of 22 and 49) are current residents of Rancho Cucamonga, with the fifth residing in Fontana. To add a little balance to these powerful female voices, the directors have selected two men, also with exceptional vocal ability, to represent the male perspective in this musical review of the songs of Kander and Ebb. The show will be the first to showcase and all adult cast in the City's community theatre program. "The World Goes Round" opens in April and will kick-off the opening of the RC Theatre Ads Center. · Thanks to a program offered through Southern California Edison (SCE), the City's community theatre program will receive $100 for every 40 hours of volunteer time contributed by musical accompanist/performer Stephen Schaffer. Schaffer called the City's performing arts program in December looking for a way to share his musical talent of 30 years (where he worked professionally in New York and for the Disney Corp.). The directors of "The World Goes Round" happily accepted Mr. Schaffer's offer. They asked Mr. Schaffer to serve as the show's accompanist and performance pianist. Schaffer, a Domain Architect for SCE, who was more than willing to donate his time and talent, will additionally log his contributed hours to benefit the theatre program. For every 40 hours contributed by Schaffer, SCE will provide a $100 donation to the program. Parks and Facilities: · The table below provides usage information for park picnic shelters and special use facilities for the month of January, 2005: Park Shelter Attendance # of # of Rentals Hours Used Applications Red Hill 320 6 7 23 Heritable 222 5 6 24 Milliken 0 0 0 0 Hermosa 50 2 2 7 Coyote Canyon 25 1 1 3 Civic Center 0 0 0 0 Court Yard* Amphitheatre 0 0 0 0 Equestrian 97 2 2 5 Center Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 Departmental / City Marketing: · Marketing efforts continue being developed and implemented for the promotion of the Victoria Gardens Cultural Center and the Promotinq Arts and Literacy (PAL) fundraising campaign. · The January 2005 issue of the Inland Empire Magazine included a ¼ page placement profiling "Success Stories - Women in Business", featuring Performing Arts Coordinator, Susan Sluka leading the way with the Theatre Arts Academy offerings planned to begin in April and the anticipation of playhouse performances at the Victoria Gardens Cultural Center. · Final edits are taking place for a 30-minute show to appear on RC-TV3 and video streamed on RCpark,com sharing the Victoria Gardens Cultural Center G~oundbreakinq Celebration and construction update. This show is expected to air beginning in February. · The James L. Brulte Senior Center and Goldy S. Lewis Community Center at Central Park was the focus of a positive article in the January 30, 2005 edition of the Daily Bulletin. · Number 5 in the series of 7 Central Park bookmarks was designed and distributed in December. The bookmarks were distributed through our regular channels of City Community Centers, the Library and Barnes and Noble. Staff is very appreciative for the financial contribution made by Barnhart Construction helping make this project possible. Our sixth bookmark is scheduled for February distribution. Epicenter Rentals/Activities: · The following activity took place at the Epicenter during the reporting period: ~ Angels/Quakes - Free Winter Youth Baseball Clinic - January 22, 2005 - Epicenter Stadium. · Staff is working with the following applicants for 2005 rentals/activities: Christian Okoye Foundation - Free Youth Soccer/Football Clinic - April 2, 2005 - Epicenter Soccer Fields. Inland Valley Daily Bulletin - Ail Star Practice and Game - June 6th and 8m, 2005 - Epicenter Stadium, Rancho Cucamonga High School - Graduation Ceremony - June 9, 2005 - Epicenter Stadium. City - 4~ of July Celebration - July 4, 2005 - Epicenter Stadium and Complex. Quakes/Principal - Family Fun Fest - July 6, 2005 - Epicenter Softball Fields and Exterior Concourse Area. >Christian Okoye Foundation -Youth Holiday Event and 5/10K Run - December 10, 2005 - Epicenter Parking Lots A & B and City streets. Park and Recreation Commission: · The next meeting of the Park and Recreation Commission will take place on Thursday, February 17, 2005. The following items are scheduled to be discussed/acted upon at this meeting: Mayor and Members of the City Council PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE February 16, 2005 Update on the Senior Advisory Committee. Update on the Sports Advisory Committee. Update on the Central Park project. Update on the Victoria Gardens Cultural Center project. Fund 20 Review and Budget Recommendations. Annual Review of Trails Priorities. Recommendation from Trails Advisory Committee concerning Trail User Agreement with Southern California Edison. Rancho Cucamonga Community Foundation: · The Board of Directors met on February 9, 2005. At this meeting the following items were discussed/acted upon: > Oath of Office administered to four new Boardmembers. Approval of a modification to the PAL Campaign budget for the design and distribution of a quarterly PAL Campaign Donor Newsletter. Update on Victoria Gardens Cultural Center project. Update on Board Subcommittees. Discussion of conducting a Joint Special Meeting with the Library Foundation regarding the PAL Campaign. > Special presentation by Greg Hinrichsen, Director Performing Arts, Haugh Performing Arts Center at Citrus College. Kevin McArdle Joe O'Neil Community Services Director City Engineer k~COMMSERV~Council&BoardstCityCounciltStaffReports~2OO5~updateZ 16. 05, doc T H E C I T Y 0 F ~_ANCH © CU CAH ON GA Staff Report DATE: February 16, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. Alexander, Mayor Sam Spagnolo, Council Member SUBJECT: Animal Shelter Ad Hoc Subcommittee Update Recommendation The Animal Shelter Ad Hoc Subcommittee recommends that the City Council take the following actions: 1. Receive and file the Subcommittee's proposed action plan; 2. Formally request that the County of San Bemardino provide specific information to the City regarding re-establishing animal microchipping services at the Rancho Cucamonga Animal Shelter; 3. Formally request that the County of San Bernardino provide specific information to the City regarding enhancing veterinary care for animals housed at the Rancho Cucamonga Animal Shelter; 4. Direct City staff to solicit cost estimates and proposals from professional consultation providers to advise the City regarding the feasibility of establishing a "No Kill" animal shelter program; 5. Direct City staff to place adoptable animal information on the PetFinder. com website for a six month pilot period. Back.qround The Animal Shelter Ad Hoc Subcommittee was formed by the City Council in 2003 to review existing Shelter programs and services and investigate suggestions for new programs to enhance animal services in our community. In an effort to further define the goals of the Subcommittee and to continue to pursue the effective provision of animal care services to the community, the Subcommittee members have established an action plan. The attached action plan summarizes the goals of the Subcommittee and establishes a program of education and research over the next few months. The plan reflects the Subcommittee's desire to focus its meetings on 2,9/ February 16, 2005 Staff Report: Animal Shelter Ad Hoc Subcommittee Update Page 2 of 4 specific topics and issues relevant to the operations and administration of the Animal Shelter. Proposed topics of discussion for upcoming meetings include the laws governing Shelter operations, the specifics of the City's existing contracts with the County to provide Animal Control and Shelter services, and a review of the Shelter budgets. The purpose of these planned Subcommittee meetings is to further educate the Subcommittee members on existing Shelter operations specifically as well as on more general animal care and control issues and programs in order that they can make informed recommendations to the City Council regarding the future direction of the Rancho Cucamonga Animal Shelter. Two issues that the Subcommittee wishes to address in a timely manner are animal microchipping and veterinary care. The Rancho Cucamonga Animal Shelter was one of the first shelters in the area to offer microchipping of animals as a service to the community. Microchipping includes the implanting of a small computer "microchip" under the skin of a dog or cat. The microchip includes the pet owner's contact information which can be accessed with a scanner device that is widely used in animal shelters to identify and return lost animals to their owners. County staff operating the Shelter encountered problems and concerns with the implant process and discontinued offering microchipping services. The County veterinarian indicates that the technology for the microchipping has advanced and the Subcommittee recommends that the City Council request that the County resume this service at the Shelter in order to increase the numbers of animals successfully returned to their owners and to provide information on how the program will operate, including fees, method of providing service, etc. The Subcommittee also recommends that the City Council formally request that the County provide information to the City regarding enhanced veterinary care for animals housed at the Rancho Cucamonga Animal Shelter. County Counsel has stated that current County veterinary care policies and procedures are in compliance with State law. However, the Subcommittee is concerned about the level of care that sick or injured Shelter animals receive at our Shelter. According to the County, in the first half of the 2004/05 Fiscal Year (the months of July 2004 through December 2004), approximately 28 animals housed at the Rancho Cucamonga Animal Shelter received veterinary care other than spay or neutering services. The amount of funds expended for veterinary care during this time period, exclusive of spay/neuter, was estimated by the County to be approximately $1,300. The existing contract with the County for Shelter services does not specify what level of veterinary care is to be provided to Shelter animals, therefore it is the recommendation of the Subcommittee that the County provide the City with specific information and various options on how veterinary care may be enhanced at the Animal Shelter. The Animal Shelter currently places information on adoptable animals on the County's Animal Care and Control Department website (www.sbcounty.gov/acc) as well as on the "Pet Harbor" national animal search engine (www.petharbor.com). February 16, 2005 Staff Report: Animal Shelter Ad Hoc Subcommittee Update Page 3 of 4 The Subcommittee has received the recommendation from a number of citizens attending the Subcommittee meetings to also place the adoptable animal information on another national animal search engine called PetFinder. com. This website provides an internet search engine for people looking for adoptable animals in their area. Although the County provides photos on its website and the national Pet Harbor website, the Subcommittee is recommending that the photos and description information of our Shelter's animals also be added to the national PetFinder.com website for a pilot period of six months. At the end of the pilot period, staff will present a report to the Subcommittee regarding the number of internet "hits" received on the PetFinder website to determine if we want to continue the work of placing information on PetFinder. com. The work of placing information on PetFinder.com will be directed by City staff and done with the help of volunteer interns. Lastly, the Subcommittee recommends that the City Council direct City staff to solicit cost estimates and proposals from consultants to study and advise the City on the · feasibility of establishing a "No Kill" animal shelter. Shelters throughout the country are investigating the feasibility of implementing a "No Kill" policy at an open access shelter. The issue is complex and controversial, and even groups within the animal advocacy field do not agree on the legitimacy or feasibility of animal shelters successfully establishing a policy whereby no animal deemed to be "adoptable" is euthanised. Furthermore, there is no agreement on levels or types of services to be provided. Due to the complexity of this issue, the Subcommittee recommends the City solicit the assistance of a consultant with the required knowledge and demonstrated Shelter experience to advise the City on this policy issue. It is the intent of the Subcommittee that this process proceed in a timely manner. The Subcommittee feels that having more information would enable the Council to make more informed policy decisions. If the Council approves these recommendations, City staff would report the results of a request for qualifications to the City Council for direction on further action regarding the proposals. Please note that the City and County currently have a joint contract with the Humane Society of the United States (HSUS) to perform a comprehensive evaluation of the operations of existing Shelter and field service programs and services. The HSUS evaluation will not address anything related to "No Kill" programs and the study being proposed by the Subcommittee would be completely separate and would address different issues than the HSUS evaluation. Recommendations The Animal Shelter Ad Hoc Subcommittee recommends that the City Council take the following actions: 1. Receive and file the Subcommittee's proposed action plan; 2. Formally request that the County of San Bemardino provide specific information to the City regarding re-establishing animal microchipping services at the Rancho Cucamonga Animal Shelter; February 16, 2005 Staff Report: Animal Shelter Ad Hoc Subcommittee Update Page 4 of 4 3. Formally request that the County of San Bernardino provide specific information to the City regarding enhancing veterinary care for animals housed at the Rancho Cucamonga Animal Shelter; 4. Direct City staff to solicit cost estimates and proposals from professional consultation providers to advise the City regarding the feasibility of establishing a "No Kill" animal shelter; 5. Direct City staff to place adoptable animal information on the PetFinder.com website for a six month pilot period. Respectfully Submitted, Pamela Easter Michelle Dawson Deputy City Manager Management Analyst III Attachment: Animal Shelter Ad Hoc Subcommittee Action Plan cc: Pamela Easter, Deputy City Manager Tim Johnson, County Supervisor Biane's Office Dan Avera, County Animal Care and Control Department John Papp, County Animal Care and Control Department City Council Animal Shelter Adhoc Subcommittee Proposed Action Plan February 10, 2005 Goal of the Subcommittee The goal of the Subcommittee is to study the current provision of animal control/shelter services in the City of Rancho Cucamonga, review suggestions for new programs and policies and make recommendations to the full City Council on how the services should be provided. The subcommittee will meeting on a regular basis, study the issues, hear from various viewpoints, and formulate recommendations. Proposed Program of Work At each meeting, the Subcommittee will establish an agenda that provides them to learn more about the provision of animal care, control, and shelter services, review cutting edge philosophies and approaches, and the current provision of animal services in Rancho Cucamonga as well as receive input from citizens, experts, and providers of animal service programs. Agenda topics will include: · Receive briefing on the contracts that the City has with the County and the program of services that is provided via these contracts as well as the current Animal Shelter and Control budgets. ·Receive briefing on Hayden Law and other animal related laws from County Counsel and others parties. ·Gain input on the concept of trap, neuter and release program, including related legal issues. · Continue to discuss the larger role of veterinary support for sick animals at the Shelter, including medical care and behavioral issues to maximize adoption as well as other ways to socialize, calm, and nurture the animals to maximize adoption. · Gain feedback on other issues, including: o Ways in which to better publicize the availability of animals as well as education for pet owners o Ways of enhancing the Shelter volunteer programs o Issue of spay and neutering animals who are less than four months old, including related legal issues Trap, Neuter and Release Programs o Discussion of the need for the Shelter to work with rescue groups and members of the animal advocacy community in a compassionate manner to facilitate animal adoptions o Other issues as they arise during the Subcommittee's work · Provide information, as needed, to the Humane Society of America staff as they conduct the management evaluation of the current Animal Program provided by the County of San Bemardino. Other follow-up items to be completed: · Follow up on the offer made by a local citizen to donate 1000 microchips to the Rancho Cucamonga Animal Control Shelter. · Follow up on an offer made by Nathan Winograd of"No Kill Solutions" and UCLA Law Professor Taimie Bryant to provide free information to the City regarding the feasibility of operating the Animal Shelter in-house. Ascertain their availability to meet with the members of the Subcommittee meeting and the City regarding their proposal. · Invite Ms. Bryant and a representative from San Bemardino Cotmty Counsel to attend a future Subcommittee meeting to speak on the Hayden Law concerning Shelter animals. · Provide list to the Subcommittee at next meeting of accomplishments that have occurred over the last 18 months. · Followup on issue of public access to grooming and euthanasia rooms. Recommendations that will be forwarded to the City Council for February 16th Council meeting will include the following: · Provide a copy of the Subcommittee's Proposed Action Plan for their review · Formally request that the County of San Bernardino provide specific information to the City regarding reestablishing animal micro chipping services at the Rancho Cucamonga Animal Shelter · Formally request that the County of San Bernardino provide specific information to the City regarding enhancing veterinary care for animals housed at the Rancho Cucamonga Animal Shelter. · Direct City staff to solicit cost estimates and proposals from professional consultation providers to advise the City regarding the feasibility of establishing a "No Kill" municipal animal shelter. · Direct City staff to place adoptable animal information on Petfinder. com website for a six month pilot period.