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HomeMy WebLinkAbout2005/09/07 - Agenda Packet 10500 Civic Center Drive + Rancho CuCamonga, CA 91730-3801 AGENDAS ~EGULAR ~EET~NGS Ist and 3rd Wednesdays + 7:00 p.m. AGENCY~ I~OARD & CITY COUNCIL 1MiEMBERS William J. Alexander .................... IViayor Diane Williams ............... IVlayor Pro Tem Rex Guflerrez ............................ IVlember L. Dennis iVlichael ..................... IVlember Sam Spagnolo .......................... IVlember Jack Lam ......................... City iVtanager James L. iVlarkman ............. City A~orney Debra J. Adams ..................... City Clerk ORDER OF ~US~NESS 5:30 p.m. Closed Session ................... Tapia Conference Room 7:00 p.m. Regular Redevelopment Agency IVteeting... Council Chambers Regular City Council iVieeflng.. Council Chambers INFORMATION FOR THE PUBLIC ~.~kNCHO ~_jI~CAMONOA 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 so 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 fonvard 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 padicipate 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 SEPTEMBER 7, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 1 I~NCHO HALL, 10500 Civic CENTER DRIVE CUCAMONGA 1. Roll Call: Alexander__, Gutierrez__, Michael__, Spagnolo__, and Williams__. II S. ANNOUNCEMENTS/PRESENTATIONS I II c. PUSLiC 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. 1. Request by Madhu S. Mohanty for the City of Rancho Cucamonga to consider subsidizing Metrolink commuters. 1 II o. CONSENT CALENDAR lhe 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 Couneilmember or member of the audience for discussion. 1. Approval of Minutes: June 6, 2005 (Joint Mtg.) August 15, 2005 (Special Mtg.) August 17, 2005 August 23, 2005 (Special Mtg.) 2. Approval of Warrants, Register 8/10/2005 through 8/30/05 and Payroll 2 ending 8/30/05, for the total amount of $7,833,001.00. 3. Approval to appropriate $60,112 from Community Development Technical Services Fund (AB 1600) into Acct. No. 1016301-5300 to 37 fund temporary personnel as a result of increased demands for service from support personnel due to new development in the City. 4. Approval to appropriate $52,000 from the Community Development 39 Technical Services Fund (AB 1600) into Acct. No. 1016301-5300 to fund temporary personnel due to increased demands for GIS services in public safety due to new development in the City. CITY COUNCIL AGENDA SEPTEMBER 7, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 2 C~NCHO HALL, 10500 CIVIC CENTER DRIVE UC/d~IONOA 5. Approval of one time support from the County of San Bernardino in 41 the amount of $300,000 for the library portion of the Victoria Gardens Cultural Center Project into Acct. No. 1312000-4740 and approval of a budget appropriation in the amount of $300,000 into Acct. No. 1312602-5650/1357312-6314. 6. Approval of a Public Convenience and Necessity, DRC2005-00642 - 42 7-Eleven, Inc., for a Type 20 off-sale beer and wine license for a convenience store in the Industrial Park District, located on the northwest corner of Haven Avenue and Sixth Street - APN: 0209-262- 19 and 20. RESOLUTION NO. 05-246 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCArvlONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT, LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND SIXTH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF; APN: 0209-262-19 AND 20 7. Approval of the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for 7066 55 Etiwanda Avenue, located on the west side of Etiwanda Avenue between Base Line Road and Victoria, submitted by Stevie and Cynthia Bullington. RESOLUTION NO. 05-247 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR 7066 ETIWANDA AVENUE (APN: 1089-07%25) 8. Approval of the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for 10253 24th 64 Street, located on the south side of 24TM Street east of Hermosa Avenue, submitted by Martin A. Gonzalez. CITY COUNCIL AGENDA SEPTEMBER 7, 2005 -- 7:00 P.M. THE MEETING 1tO BE HELD IN THE COUNCIL CHAMBERS, CITY c[~CHO HALL, 10500 Civic CENTER DRIVE UCAMONGA RESOLUTION NO. 05-248 66 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 10253 24TM STREET (APN: 0209-112-08) 9. Approval of Improvement Agreement, Improvement Securities, 73 Maintenance Agreement and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance Districts Nos. 1 and 7 for Rancho Etiwanda Estates infrastructure (Tentative Tracts 16226 and 16227), located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue, submitted by JTY Investment, LLC. RESOLUTION NO. 05-249 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) RESOLUTION NO. 05-250 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MAINTENANCE AGREEMENT AND LICENSE FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) RESOLUTION NO. 05-251 78 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 RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) CITY COUNCIL AGENDA SEPTEMBER 7, 2005 - 7:00 P.M. THE MEETING TO BE HELD ~N THE COUNCIL CHAMBERS, CITY 4 cRANcHO HALL, 10500 CIVIC CENTER DRIVE UCAMONGA 10. Approval of Map, Improvement Agreement, Improvement Security and 88 Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 16227, located at the northwest corner of Day Creek Boulevard and Etiwanda Avenue, submitted by K. Hovnanian at Rancho Etiwanda, LLC.. RESOLUTION NO. 05-252 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 05-253 92 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 16227 11. Approval of Map, Improvement Agreement, Improvement Security and 100 Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract Map 16227-1, located on the north side of Day Creek Boulevard west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc.. RESOLUTION NO. 05-254 103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO.05-255 104 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 NUMBER 16227-1 CITY COUNCIL AGENDA SEPTEMBER 7, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY C[~NCHO HALL, 10500 Civic CENTER DRIVE UC, AMONGA 12. Approval of Amendment No. 3 to City of Rancho Cucamonga, Rancho 112 Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commeme Agreement for a Plan of Cooperative Action for Economic Development (CO 99-056/RA 99-017). 13. Approval to accept the bids received and award and authorize the 114 execution of the contract in the amount of $153,781.00 to the apparent Iow bidder, CS Legacy Construction, Inc. (CO 05-082), and authorize the expenditure of a 10% contingency in the amount of $15,378.10, for the Victoria Gardens Lane Median Island Rockscape Improvements from Day Creek Boulevard to Church Street, to be funded from CFD 2003-01 funds, Acct. No. 16143035650/1442614-0 and appropriate $169,159. I0 (contract award of $153,781.00 plus 10% contingency in the amount of $15,378.10) to Acct. No. 16143035650/1442614-0 from CFD 2003-01 fund balance. 14. Approval of a Resolution and a Cooperative Agreement between the City of Rancho Cucamonga and the State of California (CO 05-083) 119 for the improvement of the northbound 1-15 Freeway off-ramp at Foothill Boulevard. RESOLUTION NO. 05-256 122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA 15. Approval of Improvement Agreement Extension for Tract 16454, 123 located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 05-257 125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16454 16. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for 127 improvements for PM 15665, located at 6th Street and Santa Anita Avenue, submitted by Paragon Santa Anita, LLC. CITY COUNCIL AGENDA SEPTEMBER 7, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS~ CITY 6 CI:~'CHO HALL, '~ 0500 CIVIC CENTER DRIVE UGAMONGA RESOLUTION NO. 05-258 129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15665 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 17. Approval to accept Improvements, release the Faithful Performance 130 Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for PM 16118, located on the east side of Charles Smith Avenue and south of San Marino Drive, submitted by RSCS, LLC. RESOLUTION NO. 05-259 132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 16118 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 18. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for 133 improvements for Tract 16237, located on the south side of Wilson Avenue, approximately 200 feet west of Haven Avenue, submitted by Stonebridge Rancho Cucamonga, LLC. RESOLUTION NO. 05-260 135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16237 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 19. Approval to accept Storm Drain Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of 136 Completion for storm drain improvements for PM 16245 (storm drain), located at the northwest corner of 4th Street and Milliken Avenue, submitted by Jefferson on Fourth, L.P. RESOLUTION NO. 05-261 138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC STORM DRAIN IMPROVEMENTS FOR PM 16245 (STORM DRAIN) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK CITY COUNCIL AGENDA ' SEPTEMBER 7, 2005 -- 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY C~NOHO HALL, 10500 CIVIC CENTER DRIVE 20. Approval to accept Improvements, release the Faithful Performance 139 Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16615, located on the northwest corner of Long Meadow Drive and Victoria Park Lane, submitted by Standard Pacific / Victoria Arbors, LLC. RESOLUTION NO. 05-262 141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16615 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 21. Approval to accept the Traffic Signals and Safety Lighting at the intersection of Victoria Street and Etiwanda Avenue, Contract No. 03- '142 133 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to fife a Notice of Completion and approve the final contract amount of $153,900.00. RESOLUTION NO. 05-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF VICTORIA STREET AND ETIWANDA AVENUE, CONTRACT NO. 03-133 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 22. Approval to release the Faithful Performance Bond No. 08658613 in 146 the amount of $278,938.00 for the Arrow Route Pavement Rehabilitation from Haven Avenue to Milliken Avenue, Contract No. 04-001. 23. Approval to release the Faithful Performance Bond No. 837663P in 148 the amount of $74,236.21 for the Beryl Community Trait from Hillside Road to north of Almond Street, Contract No. 04-022. 24. Approval to accept the traffic signals and safety lighting at Los Osos High School, Contract No. 04-028 as complete, retain the Faithful 150 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 $194,424.00. ~ CITY COUNCIL AGENDA SEPTEMBER 7, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 8 ~CHO HALL, 10500 CIVIC CENTER DRIVE CUCAMONGA RESOLUTION NO. 05-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT LOS OSOS HIGH SCHOOL, CONTRACT NO. 04- 028, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK [I E. 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. II F.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, 1. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIl OF THE CITY OF RANCHO CUCAMONGA, ADOPTING ELECTRIC 154 RATES, FEES AND CHARGES PURSUANT TO THF REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLF 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODF RESOLUTION NO. 05-265 176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE  CITY COUNCIL AGENDA SEPTEMBER 7, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 9 cg~cHo HALL, 10500 Civic CENTER DRIVE UGAMONGA IIG. PUBLIC HEARINGSI The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. [I H. CITY MANAGER'S STAFF REPORTS I The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. The following Rems 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. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) 2. CONSIDERATION OF PROPOSAL FOR THE FREEDOM'S FLAMF MEMORIAL TO BE LOCATED AT CENTRAL PARK (CONTINUED FROM JULY 6, 2005) 3. CONSIDERATION OF TWO JOINT COMMUNITY FACILITY '178 AGREEMENTS WITH ETIWANDA SCHOOL DISTRICT (CO 05-084 & CO 05-085) RESOLUTION NO. 05-266 '184 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF TWO JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS PERTAINING TO THE ETIWANDA SCHOOL DISTRICT PINEHURST PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2005-1 ,~ CITY COUNCIL AGENDA SEPTEMBER 7, 2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 10 [~CHO HALL, '10500 CIVIC CENTER DRIVE CU~J~MONGA 4. CONSIDERATION OF AMENDMENTS TO EXISTING CONTRACT,C; 249 WITH THE COUNTY OF SAN BERNARDINO - Amendment No. 1 to San Bernardino County Contract No. 96-872 (CO 96-047) for animal control services, and Amendment No. 1 to San Bernardino County Contract No. 01-869 (CO 96-048) for animal shelter services. 5. LEGISLATIVE UPDATE (Oral Report) 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 September '1, 2005, seventy two (72) hours prior to the meeting per Government Code 54954.2 at '10500 Civic Center Drive. June 6, 2005 CITY OF RANCHO CUCAMONGA JOINT CITY COUNCIL/PARK AND RECREATION COMMISSION MINUTES Special Meeting A. CALL TO ORDER A special joint meeting of the Rancho Cucamonga City Council and the Park and Recreation Commission was held on Monday, June 6, 2005, in the Tri Communities Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Albxander called the meeting to order at 5:33 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Present were Park and Recreation Commissioners: Patricia Carlson, Martin Dickey, Antonio Karraa, Ann Punter and Chairman Luis Munoz. Also present were: Jack Lam, City Manager; Brad Buller, City Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Palmer, Marketing Manager; Paula Pachon, Management Analyst III; Melissa Morales, Sr. Administrative Secretary; Kimberly Thomas, Management Analyst III; and Debra J. Adams, City Clerk. B. PUBLIC COMMUNICATIONS No communication was made from the public. [[ C. ITEM(S) OF DISCUSSION Cl. DISCUSSION OF ITEMS OF MUTUAL INTEREST Chairman Munoz stated it is a pleasure to meet with the City Council tonight and praised them for the new Central Park facility. He also complimented Kevin McArdle, Community Services Director, and his staff for all of their work on the project. Mayor Alexander stated he recognizes all the work that staff and the Commission has done on this project as well. Commissioner Punter stated two issues she would like to talk about would be the opportunity to bank any land for future parks and asked what year the Council thinks Central Park will be completed. Mayor Alexander stated he felt we should go back to the community to see if they are willing to pay to complete the park. He felt the completion of the park should be aggressively approached. Commissioner Punter felt we might have a better result with an election now since people have seen what has been completed so far. Joint City Council/Park and Recreation Commission Minutes June 6, 2005 Page 2 Councilmember Michael felt Community Services projects, including the youth and the seniors are very important to our community. He stated he agreed with Commissioner Punter about Central Park. He felt land banking would be a good thing. He felt we needed the finances to build a park project. He asked if developers have a requirement to put money in for a park. Brad Buller, City Planner, stated yes there is a per capita requirement for park dedication fees. Councilmember Michael asked if there was any other mechanism available to fund the parks that we need to have. Kevin McArdle, Community Services Director, stated the master plan that was approved as part of the General Plan update is a 20-year wish list to strive towards. He stated this master plan includes special use facilities, which would not be funded by a housing developer. He stated this is a vision for the master plan to develop multi-field kinds of specialty complexes, but that there is currently no mechanism in place. Commissioner Dickey felt contractors are starting to hold the City to the law, and instead of them putting in parks, they are giving the City the money to do whatever they see fit. Jack Lam, City Manager, stated parks are funded through development fees. He stated there are not many tools to fund the larger parks. Councilmember Michael asked if the City is still using the public/private partnerships. Kevin McArdle, Community Services Director, stated yes. Commissioner Carlson mentioned when she was part of the Central Park Task Force, that in talking to people, it wasn't that they did not want the park, but that they didn't want to be taxed for it. She felt people still feel this way. Mayor Alexander stated timing is everything. Councilmember Gutierrez stated he is weary of relying on an election. He did not feel the older people would vote for it. He did not think people with children would vote for a tax. He wished we could clear the rest of the land and make walking areas and make it passive through there. He stated he would like to hear the Park and Recreation Commission's goals about parks. He stated one of his goals is the North Etiwanda Preserve and the Trail System. He said the dog park is great, but pretty small. He would like to see us expand the dog park or get more land to have something really nice. He hoped youth sports would be looked at. He felt we should do all we can to accommodate youth sports groups. He stated he would still like to see the Grape Harvest Festival and Founders Day Parade combined into one celebration. He stated he would like to see a "Cucamonga Beach" implemented where people can surf, lay out and there be a whole line of clothing for kids and families to enjoy. He stated he is very excited for the future. Commissioner Carlson commented on the beach idea. She felt Rancho Cucamonga's facilities are phenomenal. She stated she would like to know what the role of the Park and Recreation Commission should be in the Council's eyes. She stated she hears from people all the time that would like a tot lot or basketball facilities for the kids at Central Park. She felt this should be a high priority. She suggested that the other 70 acres at Central Park be used as working farmland. She felt there were groups that could utilize this land. She wished there was a way to get participation from residents so they could get feedback on what people expect from Park and Recreation Commission. She mentioned the Cultural Arts Center and use of it by children. She felt the City should look at something where the kids that come to the Cultural Arts Center and have a way to buy food or snacks. Commissioner Dickey felt our sphere areas need to be monitored and was concerned about them getting built out. He felt a problem for the future would be purchasing land for parks. Joint City Council/Park and Recreation Commission Minutes June 6, 2005 Page 3 Jack Lam, City Manager, mentioned that developers are required to dedicate parkland per the Quinby Act. Kevin McArdle, Community Services Director, stated they would be looking at this whole issue. Commissioner Dickey mentioned the Sports Advisory Commission and their function. He stated travel teams (Club) have some issues also, and that they are finding loopholes in the policy regarding allocation of fields. Mayor Alexander stated we should not forget that Club or other organizations bring in a lot of money to the community. Commissioner Punter stated she did not think anyone is advocating to leave Club out. Councilmember Spagnolo stated he appreciates the opportunity to meet with the Park and Recreation Commission. He hoped we can continue to have these meetings. He stated because of the time and space available, we need to carefully look at what we are doing. He stated his concern is what we do today will benefit the City tomorrow. He felt we need to look at doing what will benefit generations in the future. Councilmember Spagnolo left the meeting at 6:44 p.m. Councilmember Williams suggested there be a workshop to teach people how to run their league. She felt the Park and Recreation Commission are saints for working with the sports teams. She stated most people feel they are treated fairly by the Park and Recreation Commission. Kevin McArdle, Community Services Director, stated the Park and Recreation Commission does a really good job. He stated this is a fairly complex issue with regards to the sports groups. He felt the process is a good process and the Commission does a good job with it. Commissioner Karraa thanked the Council for this opportunity to meet together. He hoped they could do this more often. He felt the hard work at Central Park has just begun in providing the service at that facility. He stated he looks forward in getting direction from the City Council as to what their priorities are. He stated anytime you're building something the operation cost has to be considered. He felt revenues from the mall will hopefully help. He felt if there is another election for Central Park that it be handled a different way so that it is included with a regular City election so there might be a better turnout. He felt possibly a survey should be taken to see what the community wants. Councilmember Williams stated everyone is excited about the senior center at Central Park and felt there should be something done to get a tot lot there to better serve families in our community. She urged us to meet the needs of the community. She felt further development of Central Park will occur when a group of residents come forward and offer to assist to get additional funds to fudher develop it. She complimented the Park and Recreation Commission for what they do with the trails, and felt we need to keep working on them. She stated she is concerned that we are not keeping track of the accounting practices for our new facilities. She wanted to make sure the City is getting the most bang for its buck. She felt we should monitor this to make sure the programs are successful. She felt we should all meet again in November to hear how these new projects are going. Jack Lam, City Manager, pointed out that the City has a policy through a Resolution that states no new facility will be built unless the costs are identified and the City feels it can afford it. Joint City Council/Park and Recreation Commission Minutes June 6, 2005 Page 4 Councilmember Williams asked if we have signs that state this function is being paid for by "Joe Smith or whomever." Kevin McArdle Community Services Director, stated they are working on this. He stated the plans for a tot lot are in the plans. He stated they have also received inquires about a pool. He stated in a few months the consultant will be provided information on the feasibility of these additional things. Councilmember Michael felt the Commission is doing a good work and applauded them, and that the City couldn't do without them. He mentioned the Council is concerned about senior transpodation. He also appreciates the work they are doing on youth sports. He felt the City has done a great job in padnering. He felt these meetings are impodant, and that in the future they should have specific topics to be discussed instead of being so broad. He felt if we go back too soon to ask for a special tax it might not work, and did not want to get beat again on this. He hoped there might be some more general fund money to do more projects. Councilmember Williams suggested the Commission have their meetings at Central Park to get more people involved. Commissioner CaHson stated they are planning on doing this next May. Councilmember Williams wished they could do this a little sooner. Commissioner Punter gave kudos to the Community Services staff for all of their work to get Central Park done. D. ADJOURNMENT The meeting adjourned a 7:35 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk/Records Manager Approved by Park and Recreation Commission: August 18, 2005 4-0-1 (Absent: Carlson) Approved by City Council: * August 15, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meeting II A. CALL TO ORDER I A special closed session of the Rancho Cucamonga City Council was held on Monday, August 15, 2005, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 9:00 a.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager and Dr. Bill Mathis, Facilitator [[ B. ANNOUNCEMENT OF CLOSED SESSION ITEM Mayor Alexander announced the closed session item. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM No communication was made from the public. D. CONDUCTOF CLOSED SESSION D1. PERFORMANCE EVALUATION OF CITY MANAGER PER GOVERNMENT CODE SECTION 54957. The meeting adjourned at 11:45 a.m. with no action taken. Respectfully submitted, Debra J. Adams, CMC Approved: * City Clerk/Records Manager August 17, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES The Rancho Cucamonga City Council held a closed session on Wednesday, August 17, 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, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; and Joe O'Neil, City Engineer. II B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) I B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY OWNED BY ALLYN B. SCHEAU, ET AL, AND IDENTIFIED AS ASSESSOR'S PARCEL NUMBER APN: 0209-143-02; NEGOTIATING PARTIES, WILLIAM J. O'NEIL, CITY ENGINEER, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE; NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNER, ALLYN B. SCHEAU, ET AL. - CITY B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY OWNED BY HOFER PROPERTIES, LLC, PARCEL IDENTIFIED AS APN: 0209-131-02; NEGOTIATING PARTIES, WILLIAM J. O'NEIL, CITY ENGINEER, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE; NEGOTIATING PARTIES MY NEGOTIATE WITH THE PROPERTY OWNERS, HOFER PROPERTIES, LLC - CITY B3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY OWNED BY ARMANDO AND YADIRA AMADOR AND IDENTIFIED AS APN: 0209-242-06; NEGOTIATING PARTIES, WILLIAM J. O'NEIL, CITY ENGINEER, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE; NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS, ARMANDO AND YADIRA AMADO - CITY II c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No communication was made on the closed session items. D. CONDUCT OF CLOSED SESSION I The closed session began at 5:35 p.m. City Council Minutes August17,2005 Page 2 [] E. CITY MANAGER ANNOUNCEMENTS AND REPORTS The closed session recessed at 6:40 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regu ar Meetin,q II A. CALL TO ORDER I A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 17, 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 7:23 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, 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; Linda D. Daniels, Redevelopment Director; Mike Nelson, Sr. RDA Analyst; Jan Reynolds, RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Manuel Pilonieta, Information Systems Manager; Charles Scott, Sr. Information Systems Specialist; Sid Siphomsay, Information Systems Analyst; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Jerry Dyer, Sr. Civil Engineer; Brad Bullet, City Planner; Larry Henderson, Principal Planner, Candyce Burnett; Associate 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; Kimberly Thomas, Management Analyst III; Fabian Villenas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, Secretary. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation and City Plaque to Brad Buller, City Planner, in recognition of his years of service to the City of Rancho Cucamonga. A proclamation and City tile were presented to Brad Buller, City Planner, thanking him for his years of service to the City of Rancho Cucamonga. The City Council commended Mr. Buller for what he has done for the City. Brad Buller, City Planner, thanked his wife for putting up with him being gone from home so much He stated it has been his honor to work for the City. City Council Minutes August 17, 2005 Page 3 Susan Buller stated she is proud of her husband, and thanked the City for the opportunity he had to work here. B2. Update on the Cultural Center Project and Presentation of Donation from Bank of America Foundation to the City Council in support of the Performing Arts and Literacy (PAL) Campaign for the Victoria Gardens Cultural Center. Kevin McArdle, Community Services Director gave a power point presentation (which is on file in the City Clerk's office) on the progress of the construction of the Cultural Center project. Deborah Clark, Library Director, continued with the presentation by talking about the PAL campaign and the "topping off' ceremony and the money that has been collected. She called up Chuck Buquet from the Community Foundation; Ruth Leal from the Library Foundation, and representatives from the Bank of America who presented a check in the amount of $500,000 to the PAL campaign. B3. Update on the West Nile Virus. Dr. Min-Lee Cheng, West Valley Mosquito and Vector Control District Manager, gave an update on the West Nile Virus. He stated the Governor has provided money for mosquito control efforts. He stated there have not been any human cases reported in our area, but there have been ten cases reported in San Bernardino County. He stated the closest case was in Fontana, although he stated the virus is around. He also distributed information (on file in the city clerk's office) about the West Nile Virus. B4. Presentation of a check to benefit the Inland Empire Pacific Electric Trail Project. The check was presented by Brian Edwards of Rr:l to Brian Curtis from the Friends of the Pacific Electric Trail. Brad Buller, City Planner, thanked them for their support of the Rails to Trails project. C. PUBLIC COMMUNICATIONS No communication was made from the public. II ,,. CONSENT CALENDAR [ D1. Approval of Minutes: July 20, 2005 August 3, 2005 (Gutierrez & Michael absent) D2. Approval of Warrants, Register 7/27/05 through 8/9/05, and Payroll ending 8/9/05, for the total amount of $5,314,600.63. D3. Approve to receive and file current investment Schedules ending June 30, 2005, and July 31,2005. D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Archibald Pavement Rehabilitation from Base Line Road to 19th Street, to be funded from Acct. No. 11763035650/1371176-0 (Measure "1" funds). City Council Minutes August17,2005 Page 4 RESOLUTION NO. 05-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "ARCHIBALD AVENUE PAVEMENT REHABILITATION FROM BASE LINE ROAD TO 19TM STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Base Line Pavement Rehabilitation from Hermosa Avenue to Valencia Avenue, to be funded from Acct. No. 11763035650/1469176-0. RESOLUTION NO. 05-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BASE LINE ROAD PAVEMENT REHABILITATION FROM HERMOSA AVENUE TO VALENCIA AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval of plans, specifications and estimates and to authorize the advertising of the "Notice Inviting Bids" for the Beryl Park Sports Field Screen Construction, to be funded from Acct. No. 11203055650/133512-0. RESOLUTION NO. 05-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BERYL PARK SPORTS FIELD SCREEN CONSTRUCTION" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D7. Approval to appropriate funds received from the U.S. Department of Health and Human Services/Administration on Aging for a Grant in the amount of $146,866 for the implementation of a Senior Wellness and Transportation Program (Fund 1270401). ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. D8. Approval to purchase three (3) computer servers from GSTI, utilizing a U.S. Communities Competitively Bid Contract in the amount of $39,876 from Acct. No. 1016301-5605. Dg. Approval of Parks, Recreation Facilities and Community Services Update. D10. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for DRC2003~00719, located on the northeast corner of Day Creek Boulevard and Highland Avenue, submitted by Pacific Globe, Inc., a California Corporations. RESOLUTION NO. 05-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2003-00719 City Council Minutes August 17, 2005 Page 5 RESOLUTION NO. 05-240 A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR DRC2003-00719 D11. Approval of a Professional Services Agreement extension with Asfrum Utility Services (CO 05-080) in the amount of $30,000 for utility billing services funded from Acct. No. 1705303-5309, Municipal Utility Account. D12. Approval to execute a Professional Services Agreement with Michael Brandman Associates (CO 05-081), not to exceed $64,500 for the preparation of a Supplemental Environmental Impact Report (DRC2005-01204) for the North Eastern Sphere Annexation Project in the Rancho Cucamonga's Sphere of Influence, and for the authorization to re-appropriate $66,000 out of AB1600 Reserves into Acct. No. 1016301-5300 (Contract Services) in connection with the City/County initiated annexation. D13. Approval of Improvement Agreement Extension for Tract 16113, located on the southwest corner of Wilson and East Avenue, submitted by Trimark Pacific Rancho Cucamonga, LLC. RESOLUTION NO. 05-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16113 D14. Approval of Improvement Agreement Extension for Tract 16430, located on the west side of Archibald Avenue between Wilson Avenue and Hillside Road, submitted by Archibald Ventures, LLC. RESOLUTION NO. 05-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16430 D15. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Cash Deposit and file a Notice of Completion for mprovements for DRC2002-00884, ocated on the south S th , de of 6 Street, east of Ufica Avenue, submitted by F & F Simon Rancho Tech, LLC. RESOLUTION NO. 05-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00884 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D16. Approval to release the Maintenance Guarantee Bond for Tract 14497, located on the west side of Bluegrass Avenue, south of Wilson Avenue, submitted by Standard Pacific Corporation. D17. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16157, located at the northwest corner of Church Street and Terra Vista Parkway, submitted by Concours Development co., LLC & LDC Cougar, LLC. City Council Minutes August17,2005 Page 6 RESOLUTION NO. 05-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16157 AND AUTHORIZING THE · FILING OF A NOTICE OF COMPLETION FOR THE WORK D18. Approval to accept the Improvements, release the Faithful Performance Bond and file a Notice of Completion for Improvements for Tract 16370, Traffic Signal Construction, located at Church Street and Arbor Lane, submitted by Standard PacificNictoria Arbors, LLC. RESOLUTION NO. 05-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16370 TRAFFIC SIGNAL CONSTRUCTION AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of item DT. Motion carried unanimously 5-0 Discussion of item D7. Approval to appropriate funds received from the U.S. Department of Health and Human Services/Administration on Aging for a Grant in the amount of $146,866 for the implementation of a Senior Wellness and Transportation Program (Fund 1270401). Councilmember Williams asked for a staff report on this item. A staff report was presented by Kevin McArdle, Community Services Director. MOTION: Moved by Williams, seconded by Alexander to approve item D7. Motion carried unanimously 5-0. l[ E. CONSENT ORDINANCES I El. CONSIDERATION OF SECOND READING OF AN ORDINANCE REPEALING COUNCIL ACTION,g IN REFERENCE TO THE ETIWANDA CREEK PROJECT IN CONFORMANCE WITH THE SUPERIOR COURT JUDGMENT, CASE NO. RVC 081807 Debra J. Adams, City Clerk, read the title of Ordinance No. 747. ORDINANCE NO. 747 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ITS ORDINANCE NO. 728 MOTION: Moved by Michael, seconded by Spagnolo to waive full reading and approve Ordinance No. 747. City Council Minutes August 17, 2005 Page 7 I] F. ADVERTISED PUBLIC HEARINGS I Fl. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2003-01144- CITY OF RANCHO CUCAMONGA - A request to amend Section 17.16.030 use regulations to allow public storage facilities, including outdoor RV parking, in the Utility Corridor District. Related flies: Conditional Use Permit DRC2003-01130 and Preliminary Review DRC2002-00704. Staff has prepared a Negative Declaration of environmental impacts for consideration. (CONTINUED FROM JULY 20, 2005) ORDINANCE NO. 746 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-01144, A REQUEST TO AMEND SECTION 17.16.030 USE REGULATIONS TO ALLOW PUBLIC STORAGE FACILITIES, INCLUDING OUTDOOR RV PARKING, IN THE UTILITY CORRIDOR DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF DEVELOPMENT REVIEW DRC2005-00078 CITY OF RANCHO CUCAMONGA/SOUTHERN CALIFORNIA EDISON - Consideration of a Memorandum of Understanding for the use of Southern California Edison Utility Corridors for recreational trail use and some commercial/industrial uses in selected areas as allowed by the General Plan. ((~ONTINUED FROM JULY 20, 2006) A staff report was presented by Larry Henderson, Principal Planner. He displayed a map for viewing, which is on file in the City Clerk's office. Councilmember Williams asked how the RV storage would be screened. This was explained by Larry Henderson, Principal Planner, and Brad Buller, City Planner. Mayor Alexander opened the item for public comment. Addressing the City Council were: Neil Derry of Southern California Edison commented on the project and explained the design of it. He felt this project is needed in the city. He stated it would be a high security project. He stated at the present time they are only asking that a portion of this be rezoned. Councilmember Gutierrez asked Mr. Derry if Edison had prope south of Foothill because his contention was that there is a lot of room down by 4th Street for th'is project, which would not interfere with residences. Michael Orduna of Southern California Edison stated they are willing to revise the MOU so this is part of the City's master plan. He stated they would be willing to make north/south trails as well and work with everyone on this. Mayor Alexander felt all of the Council needs to go take a look at this. He stated this is not going to be voted on tonight. He was glad to hear that Edison is willing to work with everyone on this. Mark Voss stated he spoke at the last meeting and displayed a map for the Council to view. He stated he lives north of the proposed project and pointed out the areas that are in opposition to this project. He stated they are opposed to this project. He stated they felt this was going to be a "graffiti magnet." He did not feel there was enough open space in their area. He read a letter into the record (which is on file in the City Clerk's office) from Mr. and Mrs. Case, which indicated they are opposed to the project. City Council Minutes August17,2005 Page 8 Donald Bornemann showed pictures of existing storage facilities. He read information into the record, which indicated he is opposed to the project. They asked the City Council not to approve this commercial venture. Rafael Agano lives near this facility and felt this would create crime in their area. He did not feel it would be safe for their children. He felt property values would decrease. He asked the City Council to do the right thing. Margaret Lawrence of Northglenn Housing Tract stated she would be able to look out her bedroom window into this storage facility. She did not like the eight-foot wall and felt it would create graffiti problems. She hoped their property values are considered and hoped the City Council would help to keep the City safe. A lady, who did not give name, felt Edison has options and choices to build this some place else. She felt it would affect their property value. She felt if the City gives them the zoning they want they will keep coming back and asking for more. She hoped the City Council would take care of their concerns. Kathy Munson referred to an article in the Daily Bulletin that quoted various City Councilmembers regarding the Colonies Project. She stated she is glad Edison has offered some options but felt it is at the sacrifice of their homes. She stated they want to work with Edison to make this a win- win situation. Robed Aguilar stated he is opposed to this project. He stated he ds a fire fighter and looks at this from a safety standpoint. He felt this project is too close to the residences and that it is unsafe and should go in another location. A man, who did not give his name, stated the residents do not want this storage facility. He stated there is an existing storage facility close by to this proposed one. He asked the City Council to be fair and equitable in making their decision and hoped the residents will be kept in the loop through this process. He felt this storage facility should be south of Foothill. Deb Dearinure stated srie lives east of the area and enjoys the natural things out there. She hoped the City Council would consider the resident's concerns. Maurizio Avola stated his home butts up to this project. He stated his home would overlook the storage facility and felt this will be an area for graffiti. He did not think this project would look nice no matter how it is designed. He stated he was told they would get a break on their Edison bill because of this. Mary Lopez stated they do have a lot of traffic in her area and also a lot of graffiti on her wall. She felt the storage will create more of these problems and hoped the City Council would not approve this. A man, who did not identify himself, stated he wanted to voice his concern for this project. He asked that the residents be considered and maintain the aesthetic value of their area. Brenden DuDillon stated he is about 200 feet away from this and stated he opposes this project. There being no further input, the public hearing was closed. Mayor Alexander stated it is imperative that those that have signed in are notified of any future meetings regarding this. City Council Minutes August 17, 2005 Page 9 MOTION: Moved by Michael seconded by Williams to continue the public hearing to September 21 at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried unanimously 5-0. Councilmember Spagnolo urged anyone that sees graffiti to call it in no matter where it is. No items submittad. II ~. CITY MANAGER'S STAFF ~PORTS I H1. CONSIDE~TION OF A RESOLUTION OF THE Cl~ COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2005/2010 MEASURE 'T' FIVE-YEAR CAPITAl IMPROVEMENT PROG~M AND ~ENTY-YEAR T~NSPORTATION PLAN BEGINNING IN FISCAl YEAR 2005/06, AS REQUIRED FOR MEASURE "1" FUNDS (CONTINUED FROM AUGUST 3, 2005) A staff repod and power point presentation were given by Jer~ Dyer, Sr. Civil Engineer, which is on file in the City Clerk's office. RESOLUTION NO. 05-234 A RESOLUTION OF THE CITY COUNCIL OF THE CI~ OF ~NCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2005/2010 MEASURE 'T' FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND ~ENTY- YEAR T~NSPORTATION PLAN BEGINNING IN FISCAL YEAR 2005/06 FOR THE EXPENDITURE OF MEASURE 'T' FUNDS MOTION: Moved by Michael, seconded by Spagnolo to approve Resolution No. 05-234. Motion carried unanimously 5-0 Il I. COUNCIL BUSINESS [ ITEM 14 WAS CONSIDERED AT THIS TIME. THE MINUTES WILL REMAIN IN AGENDA ORDER. I1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Williams reminded people that September 8th will be the formation of the Pacific Electric Trail at Central Park, She also congratulated everyone on the Victoria Arbors Park opening. Councilmember Spagnolo encouraged everyone to attend the 9-11 memorial. He stated on September 1 in the City Courtyard there will be the unveiling of the bust for the late Deputy Ron Ives. 12. DESIGNATION OF A VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CITIES ANNUAL MEETING A staff report was presented by Jack Lam, City Manager. City Council Minutes August17,2005 Page 10 Mayor Alexander suggested that Councilmember Williams be the delegate and Councilmember Michael be the alternate. The City Council concurred with this suggestion. 13. DISCUSSION OF TOWN HALL MEETING FOR PUBLIC SAFETY (Oral) Councilmember Spagnolo felt in light of what has been done through the Fire Strategic Plan, and after all that has been said about it at various meetings, and considering the fact the City Council did not want to form a Public Safety Commission, he would like to have a town hall meeting when the financing for the strategic plan is discussed. Councilmember Williams stated she supports this. Councilmember Michael stated he supports this also, especially for the financial aspect of this. The City Council concurred to do this in the future. 14. CONSIDERATION OF THE CITY OF RANCHO CUCAMONGA STATEMENT OF GOALS AND POLICIES FOR THE USE OF THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 A power point presentation was given by Warren Diven of Best, Best & Kdeger and Jim Fabian of Fieldman and Rolapp (which is on file in the City Clerk's Office). Councilmember Spagnolo asked whom the packet of information would be given to that was mentioned in the presentation. Mr. Divert stated it would be given to the homebuyer prior to the time they enter into a purchase contract and would need to be signed by the homebuyer. Mayor Alexander stated it is unfortunate people aren't reading the materials given them when they purchase a home. MOTION: Moved by Spagnolo, seconded by Williams to approve the Statement of Goals and Policies as recommended in the staff report. Motion carried unanimously 5-0. [] J. ADJOURNMENT ] MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 10:10 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * August 23, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meetinq [ A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Tuesday, August 23, 2005, in the City Council Chambers at City Hall, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 6:30 p.m. Present were Councilmembers: Rex Gutierrez, b Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Kimberly Thomas, Management Analyst III; Fabian Villenas, Management Analyst II; Sig Dellhime, Management Analyst II; Mark Salazar, Code Enforcement Supervisor; Shirr'l Griffin, Office Specialist II; and Kathy Scott, Deputy City Clerk. I B. PUBLIC COMMUNICATIONS I No communication was made from the public. I C. ITEM(S) OFBUSINESS I C1. PRESENTATION ON ANIMAL SHELTER TRANSITION PLANNING FOR RANCHO CUCAMONGA BY MR. NATHAN WlNOGRAD OF NO KILL SOLUTIONS Jack Lam, AICP, City Manager, announced that a few months ago the City retained the services of Mr. Winograd of "No Kill Solutions" to develop a transition plan to move from a County-operated to City- operator shelter. Mr. Lam said Mr. Winograd is present this evening to provide the City with his Phase I recommendations. Mr. Winograd of No Kill Solutions stated he has a complete report for each Councilmember in excess of 100 pages that will also be available on the City's Website as of August 24, 2005. He said the purpose of tonight is to talk about the issues that the City faces in terms of transitioning from a contracted to a City-run shelter and some issues that are going to be faced by himself, staff and City Council, and its role in the next 7+ months and how the public can be involved. Mr. Winograd presented a PowerPoint presentation on "Shelter Transition Planning" (on file in the City Clerk's Office). Mr. Winegrad also provided to the Couacilmembers a report far "Shelter Transition Planning for Rancho Cucamonga and No Kill program Area" dated August 23, 2005. A copy of this report is on file in the City Clerk's Office. In conclusion, Mr. Winograd stated that given the complexity of the undertaking to start a new program from scratch, he has completed a potential timeline for consideration based on his experiences which he believes is the standard of one year: City CouncilSpecial Meeting Minutes August23,2005 Page 2 > Week of August 22, 2005 Study Session > Mid to End October, 2005 Council Direction Approval of transition, preliminary costs Definition of "No Kill" Set service levels Approve operating budget Approve initial capital budget Approve transition timing Approve personnel hiring needs Approve field services Approve architectural review ~ Late Nov. to Early December, 2005 Stu. dy Session - Policies & Procedures > December, 2005 Select Architects ~ Early to Mid February, 2006 Approval of Policies & Procedures ~ Early March, 2006 Study Session: Capital Improvements >. Mid to End March, 2006 Complete Purchasing > Early April, 2006 Complete Hiring Process ~' Early to Mid April, 2006 - Approval of Capital budget (bldg) - Approval of Capital scope ~ Maythrough June, 2006 Training & Team Building > Early June, 2006 Capital Improvements (short term completed) > July 1,2006 Take Over Administration of Shelter A short question and answer period ensued between City Councilmembers and Mr. Winograd. Mr. Winograd emphasized that if it (the transition) can be done faster, it will be done faster. Councilmembers stated that they would like to hold a meeting/workshop prior to October to address concerns/issues they might have after reading the report and would also like an opportunity to receive comments from the general public. I D. ADJOLIR1N2CIENT I MOTION: Moved by Michael, seconded by Williams to adjourn. Motion carried unanimously 5-0-0. The meeting adjourned at 7:36 p.m. Respectfully submitted, Kathryn L. Scott, CMC Deputy City Clerk Approved: **** CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226315 8/10/2005 A AND K 30 M1N PHOTO LAB INC 9.08 AP-00226316 8/10/2005 ABC LOCKSMITHS 10.00 AP- 00226316 8/10/2005 ABC LOCKSMITHS 4.31 AP ~ 00226316 8/10/2005 ABC LOCKSMITHS 30.00 AP-00226316 8/10/2005 ABC LOCKSMITHS 48.49 AP- 00226317 8/10/2005 ABLAC 297.52 AP - 00226318 8/10/2005 ABLETRONICS 45.04 AP - 00226319 8/10/2005 ACH MECHANICAL CONTRACTORS [NC 23,288.20 AP - 00226319 8/10/2005 ACH MECHANICAL CONTRACTORS INC 14,927.10 AP - 00226319 8/10/2005 ACH MECHANICAL CONTRACTORS INC -2,328.82 AP - 00226319 8/10/2005 ACH MECHANICAL CONTRACTORS i-NC -1,492.71 AP - 00226319 8/10/2005 ACH MECHANICAL CONTRACTORS INC -358.28 AP - 00226319 8/10/2005 ACH MECHANICAL CONTRACTORS INC 3,582.80 AP - 00226320 8/10/2005 ACTION ENVIRONMENTAL ENTERPRISES INC 5,000.00 AP- 00226321 8/10/2005 ACTIVE NETWORK, THE 25,163.72 AP - 00226322 8/10/2005 ADEYEMO, ANNAH 40.00 AP - 00226323 8/10/2005 AG ELECTRIC CAR SPECIALISTS 126.27 AP - 00226324 8/10/2005 AG ENGINEERING INC 577.79 AP - 00226325 8/10/2005 ALL CITIES TOOLS 110.93 AP- 00226326 8/10/2005 ALLEN KENT CONSTRUCTION 500.00 AP - 00226327 8/10/2005 ALTA FIRE EQUIPMENT CO 53.22 AP - 00226328 8/10/2005 ALVAREZ, KRISTIN 80.00 AP- 00226329 8/10/2005 AMERINATIONAL 280.00 AP- 00226330 8/10/2005 AMERICOMP INFOSYSTEMS INC 10,502.65 AP-00226331 8/10/2005 AMETA, TERESA 40.00 AP- 00226332 8/10/2005 ANAHEIM, CITY OF 288,362.40 AP - 00226332 8/10/2005 ANAHEIM, CITY OF 372.30 AP- 00226333 8/10/2005 ANDREW[N, MELISSA 170.08 AP - 00226334 8/10/2005 APPLIED METERING TECHNOLOGIES [NC 5,956.97 AP- 00226335 8/10/2005 ASIM, ALI 80.00 AP- 00226336 8/10/2005 ASSI SECURITY 105.00 AP - 00226337 8/10/2005 ASSISTANCE LEAGUE OF FOOTHILL COMMUNI 1,200.00 AP - 00226338 8/10/2005 AUFBAU CORPORATION 11,544.00 AP - 00226339 8/10/2005 AUTO BODY 2000 918.95 AP- 00226339 8/10/2005 AUTO BODY 2000 610.80 AP-00226340 8/10/2005 AYON, OLIVIA 26.00 AP - 00226341 8/10/2005 B AND K ELECTRIC WHOLESALE 8 t .89 AP - 00226341 8/10/2005 B AND K ELECTRIC WHOLESALE 109.05 AP - 00226341 8/10/2005 B AND K ELECTRIC WHOLESALE 54.82 AP - 00226341 8/10/2005 B AND K ELECTRIC WHOLESALE 29.63 AP- 00226341 8/10/2005 B AND K ELECTRIC WHOLESALE 260.09 AP - 00226342 8/10/2005 BALDEON, CARLOS 625.00 AP - 00226344 8/10/2005 BEN BOLLINGER PRODUCTIONS LTD. 150.00 AP - 00226344 8/10/2005 BEN BOLLINGER PRODUCTIONS LTD. 500.00 AP - 00226346 8/10/2005 BHIBEKSHAN, SAROJ 40.00 AP- 00226347 8/10/2005 BIANE, PAUL 160.00 AP - 00226348 8/10/2005 BLACKMAN, GUY 900.00 AP- 00226349 8/10/2005 BLAQUIERE, SONYA 500.00 AP- 00226350 8/10/2005 BONGARDE HOLDINGS INC. 458.95 AP- 00226351 8/I0/2005 BOPKO, CHRISTOPHER 102.74 AP- 00226352 8/10/2005 BREST, KERI 100.00 AP- 00226353 8/10/2005 BRITE LITE NEON 19.14 AP- 00226354 8/10/2005 BROWN, TRACY 49.05 AP- 00226355 8/10/2005 BRUCE, INGRID 74.86 User: VLOPEZ - Veronica Lopez Page: 1 Current Date: 08/31/200 Report:CK_AGENDA KEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date. Vendor Name Amount AP - 00226356 8/10/2005 BURTON, BRIGETTE 40.00 AP - 00226357 8/10/2005 BURTON, CAROLE 69.00 AP - 00226358 8/10/2005 CAKLOVIC, MAP, LA 40.00 AP- 00226359 8/10/2005 CALIFORNIA, STATE OF 22.50 AP-00226360 8/10/2005 CALLEJAS, CHARLAE 40.00 AP - 00226362 8/10/2005 CARDINAL INDUSTRIAL FINISHES 134.69 AP - 00226363 8/10/2005 CARUSO, STACY 40.00 AP 00226364 8/10/2005 CCIHAVENRCLLC 74.10 AP 00226365 8/10/2005 CERTIFIED TOWING 185.00 AP 00226365 8/10/2005 CERTIFIED TOWING 185.00 AP 00226366 8/10/2005 CHACON, MARY 80.00 AP 00226367 8/10/2005 CITY RENTALS 55.00 AP 00226368 8/10/2005 CLARKE PLUMBING SPECIALTIES INC. 210.98 AP 00226371 8/10/2005 COMPU COM 610.29 AP 00226372 8/10/2005 COMPUCOM 7,874.60 AP 00226373 8/10/2005 COURT TRUSTEE 118.50 AP 00226374 8/10/2005 COURT TRUSTEE 200.00 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 199.28 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 90.82 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 1,924.88 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 548.48 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 219.95 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 421.28 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 2,049.68 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 1,222.88 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 150.08 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 105.68 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 622.28 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 213.43 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 77.08 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 2,255.83 3,P 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 226.28 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 2,664.35 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 171.68 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 651.04 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 35.78 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 100.88 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 769.28 AP 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 684.08 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 8I 1.28 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 716.48 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 537.08 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 1,186.88 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 48.08 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 33.38 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 151.28 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 927.68 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 1,582.88 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 704.48 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 1,026.08 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 492.44 User: VLOPEZ - Veronica Lopez Page: 2 Current Date: 08/31/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:,,,, 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 155.08 AP - 00226376 8/10/2005 CUCAMONGA VALLEY WATER DISTRICT 1,828.88 AP- 00226378 8/10/2005 CUSHING, DAWN 460.00 AP - 00226379 8/10/2005 D 7 CONSULTING INC 300.00 AP - 00226380 8/10/2005 D AND K CONCRETE COMPANY 694.99 AP-00226381 8/10/2005 DAADOUCH, KASIBA 40.00 AP- 00226382 8/10/2005 DAMASKE, PATTI 100.00 AP - 00226383 8/10/2005 DAN GUERRA AND ASSOCIATES 41,982.50 AP- 00226384 8/10/2005 DANIEL, NIKI 50.00 AP-00226385 8/10/2005 DANIELS, KATHY 14.25 AP- 00226387 8/10/2005 DAWSON, WILLIAM D. 700.00 AP 00226388 8/10/2005 DAYTIMERS INC 102.35 AP 00226389 8/10/2005 DEER CREEK CAR CARE CENTER 159.50 AP 00226390 8/10/2005 DELGADO, KIM 60.00 AP 00226391 8/10/2005 DELTA DENTAL 30,925.47 AP 00226393 8/10/2005 DIETERICH INTERNATIONAL TRUCK 51.31 AP 00226393 8/10/2005 DIETERICH INTERNATIONAL TRUCK 96.86 AP 00226394 8/10/2005 DISCOVER PLASTICS 307.61 AP 00226396 8/10/2005 DOMINGUEZ, MERCEDES 18.33 AP 00226397 8/10/2005 DOUBLET-DE LION, PATRICIA 728.70 AP 00226398 8/10/2005 DRACHAND, MELISSA 297.00 AP 00226399 8/10/2005 DUNN EDWARDS CORPORATION 45.41 AP 00226400 8/10/2005 ELLISONSCHNEIDER&HARRISL.L.P. 2,075.00 AP 00226401 8/10/2005 EMPIRE MOBILE HOME SERVICE 200.00 AP 00226402 8/10/2005 ENDTER, CONNIE 100.00 AP 00226403 8/10/2005 ESCOBAR, KAREN 40.00 AP 00226404 8/10/2005 ETIWANDA SCHOOL DISTRICT 770.00 AP 00226405 8/10/2005 EWING IRRIGATION PRODUCTS 815.93 AP 00226406 8/10/2005 EXPRESS BRAKE SUPPLY 82.34 AP 00226408 8/10/2005 FASTENAL COMPANY 221.10 AP- 00226408 8/10/2005 FASTENAL COMPANY 12.59 AP- 00226408 8/10/2005 FASTENAL COMPANY 84.07 AP- 00226408 8/10/2005 FASTENAL COMPANY 101.81 AP - 00226408 8/10/2005 FASTENAL COMPANY 69.42 AP - 00226408 8/10/2005 FASTENAL COMPANY 196.21 AP - 00226408 8/10/2005 FASTENAL COMPANY 47.02 AP - 00226409 8/10/2005 FASTERNAL COMPANY 108.23 AP - 00226410 8/10/2005 FEDERAL EXPRESS CORP 11.64 AP- 00226410 8/10/2005 FEDERAL EXPRESS CORP 16.27 AP- 00226410 8/10/2005 FEDERAL EXPRESS CORP 18.37 AP- 00226410 8/10/2005 FEDERAL EXPRESS CORP 17.58 AP- 00226411 8/10/2005 FENNELL, TANYA 45.00 AP- 00226412 8/10/2005 FILARSKY AND WATT 1,782.50 AP- 00226413 8/10/2005 FINESSE PERSONNEL ASSOCIATES 603.50 AP- 00226413 8/10/2005 FINESSE PERSONNEL ASSOCIATES 924.00 AP - 00226413 8/10/2005 FINESSE PERSONNEL ASSOCIATES 780.00 AP- 00226413 8/10/2005 FINESSE PERSONNEL ASSOCIATES 780.00 AP- 00226413 8/10/2005 FINESSE PERSONNEL ASSOCIATES 720.00 AP - 00226413 8/10/2005 FINESSE PERSONNEL ASSOCIATES 696.00 AP - 00226413 8/10/2005 FINESSE PERSONNEL ASSOCIATES 792.00 AP - 00226414 8/10/2005 FIRST CENTENNIAL BANK 2,328.82 AP ~ 00226414 8/10/2005 FIRST CENTENNIAL BANK 1,492.71 AP- 00226414 8/10/2005 FIRST CENTENNIAL BANK 358.28 AP- 00226415 8/10/2005 FISHER SCIENTIFIC 145.62 User: VLOPEZ - Veronica Lopez Page: 3 Current Date: 08/31/200 Repor t:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~ 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP-00226416 8/10/2005 FISHER,MELISSA 40.00 AP - 00226417 8/10/2005 FLOT, CHRISTINE 40.00 AP- 00226418 8/10/2005 FORD FRAMING CO. 77.50 AP- 00226419 8/10/2005 FRONT BRIDGE TECHNOLOGIES 850.00 AP - 00226421 8/10/2005 GALAXY CAMPERS 546.00 AP - 00226421 8/10/2005 GALAXY CAMPERS 642.97 AP - 00226422 8/10/2005 GALVIN, CHRISTINA 36.00 AP - 00226423 8/10/2005 GARONER, CAROL 20.00 AP 00226424 8/10/2005 GRAINGER 798.65 AP 00226425 8/10/2005 GRAND PACIFIC CONTRACTORS INC 242,529.45 AP 00226425 8/10/2005 GRAND PACIFIC CONTRACTORS INC -24,252.95 AP 00226426 8/10/2005 GRANT, WILMA 40.00 AP 00226427 8/10/2005 GREEN ROCK POWER EQUIPMENT 29.49 AP 00226427 8/10/2005 GP~EEN ROCK POWER EQUIPMENT 58.38 AP 00226428 8/10/2005 GTSICORP 18,437.32 AP 00226428 8/10/2005 GTSICORP 1,953.91 AP 00226428 8/10/2005 GTSI CORP 14,130.22 AP 00226429 8/10/2005 GUARDIAN 2,706.75 AP 00226430 8/10/2005 GUERRA, KELLY 40.19 AP 00226431 8/10/2005 H K CONSTRUCTIONINC 750.00 AP 00226432 8/10/2005 HAIDER, MOURSHAD 250.00 AP 00226433 8/10/2005 HA[FA, IYAD 4,887.00 AP 00226434 8/10/2005 HAKIMI, SUSAN 523.02 AP 00226435 8/10/2005 HEILIG, KELLY 793.20 AP 00226436 8/10/2005 HEWLETT PACKARD EXPRESS SERVICES 6,098.65 AP 00226436 8/10/2005 HEWLETT PACKARD EXPRESS SERVICES 1,369.00 AP 00226437 8/10/2005 HILLTOP GEOTECHNICAL INC. 12.00 AP 00226438 8/10/2005 HILO, YACOUB 55.00 AP 00226439 8/10/2005 HIRED GUN EXTERMINATING INC 395.00 AP 00226440 8/10/2005 HOFFMAN, TAMARA 40.00 AP 00226442 8/10/2005 HOLT'S AUTO ELECTRIC INC 123.91 AP 00226442 8/10/2005 HOLT'S AUTO ELECTRIC INC 107.75 AP 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 81.15 AP 00226443 8/10/2005 I-IOME DEPOT CREDIT SERVICES 74.94 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 53.75 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 104.01 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 20.94 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 234.90 AP- 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 161.91 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 17.96 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 41.45 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 11.81 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 17.29 AP- 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 206.36 AP- 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 279.36 AP- 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 704.88 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 21.44 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 71.49 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 69.28 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 71.79 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 17.18 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 46.76 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 64.28 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 31.52 User: VLOPEZ - Veronica Lopez Page: 4 Current Date: 08/31/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: ~ 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount. AP- 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 236.86 AP - 00226443 8/10/2005 HOME DEPOT CREDIT SERVICES 32.31 AP - 00226444 8/10/2005 HOSE MAN [NC 92.56 AP - 00226444 8/10/2005 HOSE MAN 1NC 9.34 AP- 00226444 8/10/2005 HOSE MAN 1NC 188.34 AP- 00226444 8/10/2005 HOSE MAN INC 44.67 AP- 00226446 8/10/2005 HURST, CHERYL 288.50 AP - 00226447 8/10/2005 IBM CORPORATION 27,756.08 AP- 00226447 8/10/2005 IBM CORPORATION 53.88 AP- 00226447 8/10/2005 IBM CORPORATION 1,291.24 AP - 00226448 8/10/2005 IBM CORPORATION 370.68 AP - 00226448 8/10/2005 IBM CORPORATION 883.96 AP- 00226448 8/10/2005 IBM CORPORATION 10,312.02 AP - 00226448 8/10/2005 IBM CORPORATION 622.11 AP - 00226450 8/10/2005 INLAND VALLEY DAILY BULLETIN 369.85 AP - 00226450 8/10/2005 INLAND VALLEY DAILY BULLETIN 293.50 AP - 00226450 8/10/2005 INLAND VALLEY DAILY BULLETIN 343.30 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 151.20 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 327.60 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 681.60 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 163.20 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 405.60 AP ~ 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 232.80 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 283.20 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 648.00 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 405.60 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 346.80 AP - 00226451 8/10/2005 INLAND VALLEY DAILY BULLETIN 195.60 AP- 00226452 8/10/2005 INSIGHT DIRECT 325.75 AP- 00226453 8/10/2005 INSIGHT DIRECT 162.88 AP - 00226455 8/10/2005 INTRAVAIA ROCK AND SAND INC 532.55 AP - 00226456 8/10/2005 JIMENEZ, MARCELA 40.00 AP - 00226456 8/10/2005 JIMENEZ, MARCELA 5.00 AP- 00226457 8/10/2005 JOBS AVAILABLE [NC 183.60 AP ~ 00226457 8/10/2005 JOBS AVAILABLE INC 715.00 AP - 00226459 8/10/2005 JOHNSON, SAMUEL 250.00 AP - 00226460 8/10/2005 KALBACH, ANNA 45.00 AP ~ 00226461 8/10/2005 KECHOUR, DAVE 40.00 AP - 00226462 8/10/2005 KELLER, MATT 369.99 AP - 00226464 8/10/2005 KOONTZ, AARON 40.00 AP - 00226465 8/10/2005 KORANDA CONSTRUCTION 645.00 AP - 00226466 8/10/2005 KORANDA CONSTRUCTION 738.50 AP - 00226467 8/10/2005 KORANDA CONSTRUCTION 650.00 AP- 00226468 8/10/2005 LANCE, BRETT 320.00 AP - 00226469 8/10/2005 LARSON, ROSE 50.00 AP - 00226470 8/10/2005 LAUDEMAN, JACKIE 160.00 AP- 00226471 8/10/2005 LAVALLEE, JACQUE 86.00 AP- 00226472 8/10/2005 LEE, JIYOUN 120.00 AP - 00226473 8/10/2005 LINDBERG, LISA 20.00 AP- 00226476 8/10/2005 LOS ANGELES TIMES 42.00 AP ~ 00226478 8/10/2005 MACIAS, MAYRA 80.00 AP- 00226479 8/10/2005 MACIAS, VANESSA 200.00 AP- 00226480 8/10/2005 MADISON, BRITTNEY 50.00 AP- 00226481 8/10/2005 MAGNUS, DEBBIE 77.00 User: VLOPEZ - Veronica Lopez Page: 5 Current Date: 08/31/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~ 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No.. Check Date Vendor Name Amount AP- 00226482 8/10/2005 MAIN STREET SIGNS 64.65 AP - 00226482 8/10/2005 MAIN STREET SIGNS 64.65 AP-00226483 8/10/2005 MANUEL, LIONEL 176.00 AP - 00226484 8/10/2005 MARROQUIN, ROSALINA 40.00 AP - 00226485 8/10/2005 MARTINEZ, CONNIE 69.00 AP - 00226486 8/10/2005 MARTINEZ, JACKQUELINE 54.00 AP- 00226487 8/10/2005 MARTINEZ, JEANETTE 40.00 AP 00226488 8/10/2005 MCCAUGHEY, WILLIAM 250.00 AP 00226489 8/10/2005 MCG1NNIS'S REMODELING 9,400.50 AP 00226490 8/10/2005 MEYER, PATRICIA 500.00 AP 00226492 8/10/2005 MOTOROLA COMMLrN AND ELEC INC 987.64 AP 00226493 8/10/2005 MOUNTAIN VIEW GLASS AND MIRROR 809.45 AP 00226494 8/10/2005 MUNDY, L1NDA 250.00 AP 00226496 8/10/2005 N M A DUES C/O DAVID MCDONALD 5.54 AP 00226497 8/10/2005 NATIONAL ASSOC OF TOWN WATCH 281.00 AP 00226498 8/10/2005 NATIONAL CRIME PREVENTION COUNCIL 459.25 AP 00226499 8/10/2005 NATIONAL DEFERRED 29,256.85 AP 00226500 8/10/2005 NAVARRO, GUADALUPE 78.00 AP 00226501 8/10/2005 NBSGOVERNMENT FINANCE GROUP 1,077.50 AP 00226502 8/10/2005 NELWAN, FANYFRED 35.00 AP 00226503 8/10/2005 NINYOANDMOOREGEOTECHNICAL 3,327.00 AP 00226503 8/10/2005 NINYO AND MOORE GEOTECHNICAL 2,475.75 AP 00226504 8/10/2005 NORMAN, CHRIS 40.00 AP 00226505 8/10/2005 O'BRIEN, MICHEAL 138.00 AP 00226506 8/10/2005 OFFICE DEPOT 334.63 AP 00226506 8/10/2005 OFFICE DEPOT 21.63 AP 00226506 8/10/2005 OFFICE DEPOT 54.59 AP 00226506 8/10/2005 OFFICE DEPOT 10.83 AP 00226506 8/10/2005 OFFICE DEPOT 77.89 AP 00226506 8/10/2005 OFFICE DEPOT 18.81 AP 00226506 8/10/2005 OFFICE DEPOT 529.76 AP 00226506 8/10/2005 OFFICE DEPOT 38.37 AP 00226506 8/10/2005 OFFICE DEPOT 27.85 AP 00226506 8/10/2005 OFFICE DEPOT 198.88 AP 00226506 8/10/2005 OFFICE DEPOT 847.73 AP 00226506 .8/10/2005 OFFICE DEPOT 374.70 AP 00226506 8/10/2005 OFFICE DEPOT 111.79 AP 00226506 8/10/2005 OFFICE DEPOT 30.70 AP 00226506 8/10/2005 OFFICE DEPOT 16.22 AP 00226506 8/10/2005 OFFICE DEPOT 10.06 AP 00226506 8/10/2005 OFFICE DEPOT 45.32 AP 00226506 8/10/2005 OFFICE DEPOT 202.95 AP 00226506 8/10/2005 OFFICE DEPOT 182.08 AP 00226506 8/10/2005 OFFICE DEPOT 17.11 AP 00226506 8/10/2005 OFFICE DEPOT 55.72 AP 00226506 8/10/2005 OFFICE DEPOT 20.69 AP 00226506 8/10/2005 OFFICE DEPOT 255.08 AP 00226506 8/10/2005 OFFICE DEPOT 4.62 AP 00226506 8/10/2005 OFFICE DEPOT 672.55 AP 00226507 8/10/2005 ONE HOUR AIR CONDITIONING 2,272.77 AP 00226508 8/10/2005 ONTARIO, CITY OF 95,565.00 AP - 00226509 8/10/2005 ORTIZ, REYNA 76.00 AP- 00226510 8/10/2005 PACHECO, SIMONE 40.00 AP- 00226511 8/10/2005 PAL CAMPAIGN 94.92 User: VLOPEZ - Veronica Lopez Page: 6 Current Date: 08/31/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~j~' 15:21:5 '/ CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226512 8/10/2005 PALLOTTA, ROBERT 40.00 AP-00226513 8/10/2005 PATCHL1NKCORPORATION 14,649.00 AP-00226514 8/10/2005 PEP BOYS 6.45 AP-00226514 8/10/2005 PEP BOYS 71.61 AP - 00226515 8/10/2005 PERRY, TERRI 50.00 AP- 00226516 8/10/2005 PETERSON, JANN 40.00 AP- 00226517 8/10/2005 PETES ROAD SERVICE INC 389.25 AP- 00226517 8/10/2005 PETES ROAD SERVICE [NC 115.00 AP 00226518 8/10/2005 PHASE II SYSTEMS 3,500.00 AP 00226519 8/10/2005 PIMENTEL, SYLVIA 40.00 AP 00226520 8/10/2005 PMI 982.80 AP 00226521 8/10/2005 POMA DISTRIBUT1NG CO 11,862.21 AP 00226521 8/10/2005 POMA DISTRIBUTING CO 8,589.88 AP 00226522 8/10/2005 POMONA PRINT STOP 969.75 AP 00226523 8/10/2005. POUKAND STEINLEINC. 14,029.17 AP 00226524 8/10/2005 PRE-PAIDLEGALSERVICESINC 129.39 AP 00226525 8/10/2005 PRUDENTIAL OVERALL SUPPLY 7.00 AP 00226526 8/10/2005 QUINTANA, ZITA 193.00 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 55.00 AP 00226527 8/10/2005 R AND R AUTOMOTIVE 777.54 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 433.53 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 127.28 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 25.00 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 652.11 . AP 00226527 8/10/2005 RAND RAUTOMOTIVE 637.90 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 256.82 AP 00226527 8/10/2005 RAND R AUTOMOTIVE 55.00 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 421.60 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 31.92 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 915.07 AP 00226527 8/10/2005 R AND R AUTOMOTIVE 382.11 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 28.95 AP 00226527 8/10/2005 RANDRAUTOMOTIVE 274.31 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 643.62 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 194.86 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 114.54 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 49.20 AP 00226527 8/10/2005 RANDRAUTOMOTIVE 502.34 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 219.60 AP 00226527 8/10/2005 RAND RAUTOMOT1VE 455.83 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 361.62 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 378.37 AP 00226527 8/10/2005 RANDRAUTOMOTIVE 744.55 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 55.00 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 45.03 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 238.45 AP 00226527 8/10/2005 RAND RAUTOMOTIVE 480.61 AP 00226528 8/10/2005 RANDRAUTOMOTIVE 243.70 AP 00226529 8/10/2005 RHF INC 85.00 AP 00226529 8/10/2005 RHF 1NC 102.24 AP 00226530 8/10/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 25.00 AP- 00226530 8/10/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 25.00 AP - 00226530 8/10/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 25.00 AP - 00226530 8/10/2005 RANCHO CUCAMONGA CHAMBER OF COMME1 25.00 User: VLOPEZ - Veronica Lopez Page: 7 Current Date: 08/31/200 Report:CK_AGENDA_REG_PORT1LAIT_RC - CK: Agenda Check Register Portrait Layout Time~ 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226530 8/10/2005 RANCHO CUCAMONGA CHAMBER OF COMME! 25.00 AP - 00226530 8/10/2005 RANCHO CUCAMONGA CHAMBER OF COMME! 25.00 AP - 00226530 8/10/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 45.00 AP - 00226530 8/10/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 25.00 AP - 00226531 8/10/2005 RBM LOCK AND KEY SERVICE 8.08 AP - 00226531 8/10/2005 RBM LOCK AND KEY SERVICE 45.26 AP- 00226532 8/10/2005 RDO EQUIPMENT CO 390.86 AP - 00226533 8/10/2005 REINHARDTSEN, DEBRA 282.50 AP-00226534 8/10/2005 RELIABLEG1LAPHICS 81.14 AP - 00226535 8/10/2005 RICHARDS WATSON AND GERSHON 260.00 AP - 00226536 8/10/2005 RIVERSIDE BLUEPRINT 24.50 AP - 00226537 8/10/2005 RIVERSIDE CO DEPT CHILD SUPPORT 250.00 AP-00226538 8/10/2005 ROBERTS, ERIKA 40.00 AP - 00226539 8/10/2005 RODRIQUEZ, DAVID 27.00 AP-00226540 8/10/2005 ROSS ASSOCIATES 9,706.50 AP- 00226541 8/10/2005 RUBEL, SHANNYN 113.83 AP - 00226542 8/10/2005 SALCEDO, BEVERLY 80.00 AP - 00226543 8/10/2005 SAMPONG, ELLEN 36.00 AP - 00226544 8/10/2005 SAMUEL FRENCH INC 324.00 AP - 00226546 8/10/2005 SAN BERNARDINO COUNTY 20.00 AP - 00226547 8/10/2005 SAN BERNARD[NO CTY CHILD SUPPORT PAYM 408.00 AP - 00226548 8/10/2005 SAN BERNARD[NO CTY CHILD SUPPORT PAYM 213.50 AP - 00226549 8/10/2005 SAN BERNARD[NO CTY CHILD SUPPORT PAY~ 322.50 AP - 00226550 8/10/2005 SAN BERNARDINO CTY SHERIFFS DEPT 243,158.85 AP - 00226550 8/10/2005 SAN BERNARD[NO CTY SHERIFFS DEPT 12,862.15 AP - 00226550 8/10/2005 SAN BERNARD[NO CTY SHERIFFS DEPT 45,043.00 AP - 00226551 8/10/2005 SAN BERNARD[NO CTY SHERIFFS DEPT 422.00 AP-00226552 8/10/2005 SBC 2,968.94 AP-00226553 8/10/2005 SCOTT, DIANA 250.00 AP - 00226554 8/10/2005 SHERIFFS COURT SERVICES 281.59 AP-00226555 8/10/2005 SHOETERIA 150.00 AP- 00226555 8/10/2005 SHOETERIA 135.74 AP-00226555 8/10/2005 SHOETERIA 114.46 AP-00226555 8/10/2005 SHOETERIA 146.52 AP-00226556 8/10/2005 SIERRA SPRINGS 145.80 AP-00226557 8/10/2005 SIMANI, LISA 40.00 AP - 00226558 8/10/2005 SLJ PRO AUDIO SERVICES 400.00 AP- 00226559 8/10/2005 SLUKA, SUSAN 264.48 AP-00226559 8/10/2005 SLUKA, SUSAN 78.85 AP- 00226561 8/10/2005 SOLIS, ISABLE 20.00 AP-00226562 8/10/2005 SOTO, LETICIA 120.00 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 3,237.36 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 23.07 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 72.67 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 78.74 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 99.63 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.27 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.29 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.95 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 104.87 User: VLOPEZ - Veronica Lopez Page: 8 Current Date: 08/31/200 Report:CK_AGENDA_REG_PORTP, AIT_RC - CK: Agenda Check Register Portrait Layout Time:st~r 15:21:5 -1 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.74 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.82 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 15.23 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 59.61 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 90.19 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.80 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 20.57 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.76 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 52.21 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 31.24 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP 00226565 8/10/2005 SOUTHERN CAL1FOILNIA EDISON 48.56 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 2,409.20 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 92.05 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 15.95 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226565 8/10/2005. SOUTHERN CALIFORNIA EDISON 97.22 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 107.82 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 33.60 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 79.84 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.45 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 89.48 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 55.38 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 11.27 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 49.73 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 67.56 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 80.94 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 44.50 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.46 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 25.60 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 6,287.50 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON ' 88.84 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 126.73 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 15.11 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 66.88 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.45 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 22.94 User: VLOPEZ - Veronica Lopez Page: 9 Current Date: 08/31/200 Report:CK AGENDA_REG_PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time:. __ 15:21:5 1 O CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 111.46 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 207.49 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 27.91 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 107.90 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 17.62 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 133.89 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 8,172.76 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 17.93 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.27 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 4.02 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 18.65 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 34.60 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.95 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.76 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 111.79 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.93 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 33.88 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 103.88 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 24.27 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 36.75 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 19.61 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 6,766.45 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 97.45 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 66.84 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 39.20 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 32.76 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 8,460.04 AP- 00226565 8/10/2005 SOUTHERN CALIFORNIA EDISON 619.06 AP - 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 32.23 AP - 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 30.89 AP - 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 6,660.38 AP - 00226566 8/10/2005 SOUTHERN CALIFO1LNIA EDISON 6,089.25 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 535.23 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 44.45 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 25.24 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 4,029.35 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 35,467.54 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 32.28 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 74.56 AP - 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 71.29 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 4,212.90 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 2,868.67 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 2,727.75 User: VLOPEZ - Veronica Lopez Page: 10 Current Date: 08/31/200 Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portxait Layout Time:, t 15:21:5 / / CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 44.24 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 12,120.96 AP- 00226566 8/10/2005 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00226567 8/10/2005 STANDARD DRYWALL 1NC 47,791.56 AP- 00226567 8/10/2005 STANDARD DRYWALL [NC 39,521.09 AP - 00226567 8/10/2005 STANDARD DRYWALL 1NC 5,013.67 AP - 00226567 8/10/2005 STANDARD DRYWALL [NC -4,571.65 AP - 00226567 8/10/2005 STANDARD DRYWALL [NC -3,952.11 AP 00226567 8/10/2005 STANDARD DRYWALL INC -501.37 AP 00226569 8/10/2005 STE1NL1NE, JOAN 40.00 AP 00226570 8/10/2005 STERLING COFFEE SERVICE 523.02 AP 00226571 8/10/2005 STEVES TOWING AND TRANSPORT 37.00 AP 00226572 8/10/2005 STOFA, JOSEPH 15.00 AP 00226573 8/10/2005 SUNRISE FORD 68.98 AP 00226573 8/10/2005 SUNRISE FORD -33.64 AP 00226573 8/10/2005 SUNRISE FORD 128.35 AP 00226573 8/10/2005 SUNRISE FORD 306.20 AP 00226573 8/10/2005 SUNRISE FORD 38.49 AP 00226573 8/10/2005 SUNRISE FORD 178.95 AP- 00226573 8/10/2005 SUNRISE FORD 16.82 AP- 00226573 8/10/2005 SUNRISE FORD -53.49 AP- 00226573 8/10/2005 SUNRISE FORD 145.20 AP - 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00226620 8/I7/2005 ABLETRONICS 24.78 AP-00226620 8/17/2005 ABLETRONICS 27.41 AP- 00226621 8/17/2005 ACCENT CARE INC. 312.13 AP - 00226621 8/17/2005 ACCENT CARE INC. 511.39 AP-00226622 8/17/2005 ACIDISTRIBUTION 255.89 AP- 00226623 8/17/2005 ACUTINT AND GRAPHICS 115.00 AP- 00226624 8/17/2005 ADAME, CARLOS 54.00 AP-00226625 8/17/2005 ADAMS, SHEREE 250.00 AP - 00226626 8/17/2005 ADT SECURITY SERVICES INC 4,192.19 AP - 00226626 8/17/2005 ADT SECURITY SERVICES INC 838.05 AP- 00226627 8/17/2005 AEF SYSTEMS CONSULTING INC 175.00 AP- 00226628 8/t7/2005 APLAC 29.72 AP - 00226629 8/17/2005 AG ENGINEERING INC 1,305.00 AP-00226630 8/17/2005 AIRGASWEST 25.90 AP-00226631 8/17/2005 AISUAN, CURTISTEEN 250.00 AP- 00226632 8/17/2005 ALL AMERICAN ASPHALT 49,633.01 AP - 00226632 8/17/2005 ALL AMERICAN ASPHALT -3,874.65 AP - 00226632 8/17/2005 ALL AMERICAN ASPHALT 38,746.55 AP- 00226633 8/17/2005 ALL CITIES TOOLS 100.21 AP - 00226634 8/17/2005 ALLIANCE BUS LINES INC 545.36 AP - 00226634 8/17/2005 ALLIANCE BUS LINES INC 588.47 AP - 00226635 8/17/2005 ALTA FIRE EQUIPMENT CO 161.63 AP - 00226636 8/17/2005 AMERICAN CLASSIC SANITATION INC. 26.94 AP - 00226636 8/17/2005 AMERICAN CLASSIC SANITATION INC. 184.88 AP - 00226637 8/17/2005 AMERICAN TRAINING RESOURCES INC 916.58 AP- 00226638 8/17/2005 ANDRADE, LAINI 4.05 AP - 00226638 8/17/2005 ANDRADE, LAINI 40.50 AP - 00226639 8/17/2005 ARROWHEAD CREDIT UNION 985.70 AP - 00226639 8/17/2005 ARROWHEAD CREDIT UNION 136.90 AP- 00226639 8/17/2005 ARROWHEAD CREDIT UNION 20.36 AP- 00226639 8/17/2005 ARROWHEAD CREDIT UNION 173.65 AP-00226640 8/17/2005 ASSI SECURITY 105.00 AP-00226641 8/17/2005 ASSOCIATED ENGINEERS 12,057.00 AP- 00226641 8/17/2005 ASSOCIATED ENGINEERS 7,225.00 AP - 00226642 8/17/2005 ASTRUM UTILITY SERVICES 8,365.00 AP - 00226644 8/17/2005 AVANTS, MARGE 135.00 AP - 00226645 8/17/2005 B AND K ELECTRIC WHOLESALE 202.03 AP- 00226645 8/17/2005 B AND K ELECTRIC WHOLESALE 303.05 AP- 00226645 8/17/2005 B AND K ELECTRIC WHOLESALE 355.58 AP - 00226645 8/17/2005 B AND K ELECTRIC WHOLESALE 149.50 AP - 00226645 8/17/2005 B AND K ELECTRIC WHOLESALE 216.84 AP- 00226646 8/17/2005 BALDEON, CARLOS 315.00 AP - 00226647 8/17/2005 BANFIELD THE PET HOSPITAL 178.11 AP - 00226648 8/17/2005 BASELINE HARDWARE 9.69 AP - 00226650 8/17/2005 BMJ WORK GROUP INC 283.38 AP - 00226653 8/17/2005 BUILDERS SHOWCASE INTERIORS INC. 81.16 AP- 00226654 8/17/2005 BUSINESS AND LEGAL REPORTS INC 320.08 AP - 00226655 8/17/2005 C V C TECHNOLOGIES INC. 968.00 AP- 00226658 8/17/2005 CAJPA 275.00 AP- 00226659 8/17/2005 CAL PERS LONG TERM CARE 231.92 AP- 00226660 8/17/2005 CALIFA 400.00 AP - 00226661 8/17/2005 CALIFORNIA CITY MANAGEMENT FOUNDATIC 300.00 AP - 00226662 8/17/2005 CALIFORNIA CONSTRUCTION & ROOFING 23.16 User: VLOPEZ - Veronica Lopez Page: 13 Current Date: 08/31/200 Report:CK_AGENDA_REG PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time~/[ 15:21:5 1'7 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Cheek No. Cheek Date Vendor Name Amount AP-00226663 8/17/2005 CALIFORNIA ENDOSCOPY ' 57.52 AP - 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00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 511.28 AP- 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 527.60 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 723.68 User: VLOPEZ - Veronica Lopez Page: 14 Current Date: 08/31/200 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~ ~ 15:21:5 / CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 169.28 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 178.28 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 85.88 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 158.48 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 261.08 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 149.48 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 84.68 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 90.68 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 58.58 AP - 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00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 268.28 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 118.84 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 118.84 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 166.88 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 326.48 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 684.68 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 118.84 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 118.84 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 516.08 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 202.88 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 201.68 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 227.48 AP- 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 265.88 User: VLOPEZ - Veronica Lopez Page: 15 Current Date: 08/31/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:// 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 74.14 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 74.14 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 49.28 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 180.94 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 180.94 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 352.88 AP ~ 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 337.88 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 177.68 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 33.38 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER. DISTRICT 418.28 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 144.08 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 110.48 AP - 00226691 8/17/2005 CUCAMONGA VALLEY WATER DISTRICT 147.08 AP- 00226692 8/17/2005 CURATALO, JAMES V 519.24 AP - 00226693 8/17/2005 D 7 CONSULTING INC 512.50 AP 00226693 8/17/2005 D 7 CONSULTINGINC 262.50 AP 00226694 8/17/2005 DAN GUERRA AND ASSOCIATES 6,448.00 AP 00226694 8/17/2005 DAN GUERRA AND ASSOCIATES 6,209.00 AP 00226694 8/17/2005 DAN GUERRA AND ASSOCIATES 13,390.00 AP 00226695 8/17/2005 DAPPER TIRE CO 213.49 AP 00226695 8/17/2005 DAPPER TIRE CO 601.72 AP 00226695 8/17/2005 DAPPER TIRE CO 140.49 AP 00226696 8/17/2005 DE LAMORA, MARIO 425.00 AP 00226696 8/17/2005 DE LA MORA, MARIO 60.00 AP - 00226697 8/17/2005 DGO AUTO DETAILING 100.00 AP - 00226697 8/17/2005 DGO AUTO DETAILING 100.00 AP- 00226697 8/17/2005 DGOAUTO DETAILING 100.00 AP- 00226697 8/17/2005 DGO AUTO DETAILING 100.00 AP- 00226698 8/17/2005 DICK, ERIC 50.00 AP - 00226698 8/17/2005 DICK, ERIC 50.00 AP- 00226699 8/17/2005 DIETERICH POST COMPANY 1,292.90 AP- 00226700 8/17/2005 DRACHAND, MELISSA 291.00 AP- 00226700 8/17/2005 DKACHAND, MELISSA 396.00 AP- 00226701 8/17/2005 DUGAN, ALLISON 395.25 AP - 00226702 8/17/2005 ENVIRONMENTAL PROJECT SERVICES INC. 16.03 AP - 00226703 8/17/2005 ESPINO'S COP SHOP INC 544.00 AP - 00226704 8/17/2005 EVENT MANAGEMENT GROUP 999.99 AP- 00226705 8/17/2005 EZ RENTALS 374.37 AP- 00226705 8/17/2005 EZRENTALS 397.37 AP-00226706 8/17/2005 FASTENALCOMPANY 158.38 AP- 00226707 8/17/2005 FEDERAL EXPRESS CORP 63.54 AP- 00226707 8/17/2005 FEDERAL EXPRESS CORP 13.82 AP - 00226708 8/17/2005 FIELDMAN ROLAPP AND ASSOCIATES 1,579.25 AP - 00226709 8/17/2005 FINESSE PERSONNEL ASSOCIATES 1,080.00 AP- 00226709 8/17/2005 FINESSE PERSONNEL ASSOCIATES 1,199.25 AP- 00226709 8/17/2005 FINESSE PERSONNEL ASSOCIATES 876.00 AP - 00226711 8/17/2005 FISHER SCIENTIFIC 552.56 AP- 00226711 8/17/2005 FISHER SCIENTIFIC 182.81 AP- 00226713 8/17/2005 GARCIA, VIVIAN . 32.40 AP- 00226713 8/17/2005 GARCIA, VIVIAN 28.76 AP - 00226714 8/17/2005 GREEN ROCK POWER EQUIPMENT 75.02 AP - 00226714 8/17/2005 GREEN ROCK POWER EQUIPMENT 56.89 AP - 00226714 8/17/2005 GREEN ROCK POWER EQUIPMENT 75.02 AP - 00226714 8/17/2005 GREEN ROCK POWER EQUIPMENT 102.83 User: VLOPEZ - Veronica Lopez Page: 16 Current Date: 08/31/200 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Timea ~,q 15:21:5 / '/ CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226714 8/17/2005 GREEN ROCK POWER EQUIPMENT 57.08 AP - 00226714 8/17/2005 GREEN ROCK POWER EQUIPMENT 428.60 AP - 00226714 8/17/2005 GREEN ROCK POWER EQUIPMENT 109.79 AP - 00226714 8/17/2005 GREEN ROCK POWER EQUIPMENT 75.02 AP - 00226715 8/17/2005 HARALAMBOS BEVERAGE COMPANY 733.16 AP- 00226716 8/17/2005 HARMONY ARTISTS INC 1,100.00 AP - 00226717 8/17/2005 HDL COREN AND CONE 0.95 AP - 00226718 8/17/2005 HEWLETT PACKARD EXPRESS SERVICES 4,839.05 AP - 00226718 8/17/2005 HEWLETT PACKARD EXPRESS SERVICES 1,442.83 AP - 00226719 8/17/2005 HI STANDARD AUTOMOTIVE 58.64 AP - 00226720 8/17/2005 HOLT'S AUTO ELECTRIC 1NC 263.99 AP - 00226721 8/17/2005 HOME DEPOT CREDIT SERVICES 198.85 AP - 00226721 8/17/2005 HOME DEPOT CREDIT SERVICES 104.63 AP- 00226721 8/17/2005 HOME DEPOT CREDIT SERVICES 34.86 AP - 00226721 8/17/2005 HOME DEPOT CREDIT SERVICES 119.67 AP - 00226721 8/17/2005 HOME DEPOT CREDIT SERVICES 13.81 AP - 00226722 8/17/2005 HOSE MAN INC 60.98 AP - 00226722 8/17/2005 HOSE MAN INC 44.78 AP - 00226722 8/17/2005 HOSE MAN INC 112.50 AP - 00226723 8/17/2005 HOYT LUMBER CO., SM 244.38 AP - 00226724 8/17/2005 HU, YAN 411.35 AP - 00226725 8/17/2005 HUB DISTRIBUTING MAIL STOP #2 73.79 AP - 00226726 8/17/2005 HYATT REGENCY ALBUQUERQUE 1,745.37 AP- 00226728 8/17/2005 INDEPENDENT ELECTRONICS 380.39 AP- 00226728 8/17/2005 INDEPENDENT ELECTRONICS 85.50 AP- 00226728 8/17/2005 INDEPENDENT ELECTRONICS 331.90 AP- 00226729 8/17/2005 INDUSTRIAL SUPPLY COMPANY 35.35 AP - 00226731 8/17/2005 INLAND VALLEY DAILY BULLETIN 172.80 AP - 00226732 8/17/2005 INSIGHT DIRECT 8,120.30 AP - 00226732 8/17/2005 INSIGHT DIRECT 1,334.67 AP - 00226733 8/17/2005 INSIGHT PUBLIC SECTOR 3,950.12 AP- 00226733 8/17/2005 INSIGHT PUBLIC SECTOR 1,583.93 AP - 00226734 8/17/2005 INTERNATIONAL CODE COUNCIL 2,266.93 AP- 00226735 8/17/2005 INTERSTATE BATTERIES 126.73 AP - 00226735 8/17/2005 INTERSTATE BATTERIES 641.97 AP - 00226735 8/17/2005 INTERSTATE BATTERIES 245.53 AP - 00226735 8/17/2005 INTERSTATE BATTERIES 189.26 AP- 00226736 8/17/2005 INTOXIMETERS INC 172.35 AP - 00226737 8/17/2005 ISEC INCORPORATED 280.35 AP-00226737 8/17/2005 ISECINCORPORATED 1,207.53 AP-00226737 8/17/2005 ISECINCORPORATED -120.75 AP - 00226737 8/17/2005 ISEC INCORPORATED -28.03 AP-00226738 8/17/2005 ITE 65.00 AP-00226740 8/17/2005 JONES, BOB 2,240.00 AP- 00226741 8/17/2005 JONES, NORMA 100.00 AP - 00226742 8/17/2005 K B HOMES 4,879.94 AP - 00226743 8/17/2005 KAISER FRAMING CORP 22.00 AP- 00226744 8/17/2005 KELLY EQUIPMENT 55.51 AP- 00226746 8/17/2005 KORANDA CONSTRUCTION 11,299.50 AP - 00226747 8/17/2005 KRAZAN AND ASSOCIATES INC 800.00 AP- 00226748 8/17/2005 LASER TECHNOLOGY INC 179.02 AP- 00226749 8/17/2005 LEAGUE OF CALIFORNIA CITIES 410.00 AP- 00226750 8/17/2005 LIL STITCH 349.92 AP- 00226750 8/17/2005 LIL STITCH 422.38 User: VLOPEZ - Veronica Lopez Page: 17 Current Date: 08/31/200 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:. s~, 15:21:5 1 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Cheek No. Cheek Date Vendor Name Amount AP - 00226751 8/17/2005 LITTLE BEAR PRODUCTIONS 160.00 AP - 00226753 8/17/2005 LOS ANGELES COCA COLA BTL CO 656.13 AP- 00226756 8/17/2005 MAIN STREET SIGNS 145.46 AP - 00226757 8/17/2005 MANSOURI MSCE PE, IRAJ 2,400.00 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT INC 813.18 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT INC 1,205.51 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT 1NC 2,768.76 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT INC 124.63 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT [NC 2,121.57 AP - 00226758 8/17/2005 MARIPOSA HORTICUL]-tJRAL ENT INC 2,250.69 AP - 00226758 8/17/2005 MARIPOSA HORTICUL~I~JRAL ENT 1NC 405.33 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT INC 11,032.04 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT INC 8,398.60 AP - 00226758 8/17/2005 MARIPOSA HORTICULTLrRAL ENT INC 17,134.02 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT INC 8,287.69 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT INC 4,842.27 AP - 00226758 8/17/2005 MARIPOSA HORTICULTURAL ENT INC 3,514.87 AP - 00226759 8/17/2005 MARK CHRIS INC 126.67 AP - 00226759 8/17/2005 MARK CHRIS INC 130.51 AP - 00226760 8/17/2005 MARTINEZ UNION SERVICE 45.00 AP - 00226760 8/17/2005 MARTINEZ UNION SERVICE 125.00 AP - 00226760 8/17/2005 MARTINEZ UNION SERVICE 210.00 AP - 00226761 8/17/2005 MARTINEZ, ANA 250.00 AP - 00226762 8/17/2005 MCMASTER CARR SUPPLY COMPANY 140.49 AP - 00226762 8/17/2005 MCMASTER CARR SUPPLY COMPANY 79.69 AP - 00226764 8/17/2005 METROPOLITAN WATER DISTRICT 1,200.00 AP - 00226765 8/17/2005 MIJAC ALARM COMPANY 792.00 AP- 00226765 8/17/2005 MIJACALARM COMPANY 300.00 AP 00226765 8/17/2005 MIJAC ALARM COMPANY 600.00 AP 00226765 8/17/2005 MIJAC ALARM COMPANY 384.00 AP 00226766 8/17/2005 MITCHELLS & SON INC, ALLEN 153.39 AP 00226767 8/17/2005 MONARCH COIN & SECURITY 33.40 AP 00226768 8/17/2005 MORA, ROBERTJR 450.00 AP 00226769 8/17/2005 MORGAN, SELENA 200.00 AP 00226770 8/17/2005 MOUNTAIN VIEW SMALL ENG REPAIR 95.84 AP 00226770 8/17/2005 MOUNTAIN VIEW SMALL ENG REPAIR 2&88 AP 00226771 8/17/2005 MURADIAN, LESLIE 200.00 AP 00226771 8/17/2005 MURADIAN, LESLIE 200.00 AP 00226773 8/17/2005 NAPA AUTO PARTS 34.15 AP 00226773 8/17/2005 NAPA AUTO PARTS 356.77 AP 00226773 8/17/2005 NAPA AUTO PARTS 15.77 AP 00226773 8/17/2005 NAPA AUTO PARTS 357.14 AP 00226773 8/17/2005 NAPA AUTO PARTS -16.44 AP 00226773 8/17/2005 NAPA AUTO PARTS -26.09 AP 00226773 8/17/2005 NAPA AUTO PARTS 16.79 AP 00226773 8/17/2005 NAPA AUTO PARTS 84.52 AP 00226773 8/17/2005 NAPA AUTO PARTS -84.52 AP 00226773 8/17/2005 NAPA AUTO PARTS 264.06 AP 00226773 8/17/2005 NAPA AUTO PARTS 56.86 AP 00226773 8/17/2005 NAPA AUTO PARTS 246.77 AP 00226773 8/17/2005 NAPA AUTO PARTS 100.46 AP- 00226773 8/17/2005 NAPA AUTO PARTS 78.98 AP - 00226773 8/17/2005 NAPA AUTO PARTS 12.65 AP - 00226773 8/17/2005 NAPA AUTO PARTS 30.15 User: VLOPEZ - Veronica Lopez Page: 18 Current Date: 08/31/200 Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:t ~ 15:21:5 /¥ CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226773 8/17/2005 NAPA AUTO PARTS 51.07 AP - 00226773 8/17/2005 NAPA AUTO PARTS 31.73 AP - 00226775 8/17/2005 NAPA AUTO PARTS 17.35 AP-00226776 8/17/2005 NASH, JESSICA 395.25 AP - 00226777 8/17/2005 NATIONAL CONSTRUCTION RENTALS INC 143.52 AP- 00226778 8/17/2005 NATIONAL DEFERRED 17,481.30 AP - 00226779 8/17/2005 NATIONS RENT 70.85 AP - 00226779 8/17/2005 NATIONS RENT 4.87 AP - 00226780 8/17/2005 NEU VISION SPORTS ]NC 38.44 AP - 00226781 8/17/2005 NEW IMAGE COMMERCIAL FLOORING 5,956.25 AP - 00226782 8/17/2005 NEWPORT PRINTING SYSTEMS 46.39 AP - 00226782 8/17/2005 NEWPORT PRINTING SYSTEMS 46.39 AP - 00226783 8/17/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 128.40 AP - 00226783 8/17/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 59.29 AP - 00226783 8/17/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 106.00 AP- 00226783 8/17/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 219.62 AP - 00226783 8/17/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 223.00 AP- 00226784 8/17/2005 OFFICE DEPOT 102.88 AP- 00226784 8/17/2005 OFFICE DEPOT 77.25 AP - 00226784 8/17/2005 OFFICE DEPOT 116.92 AP - 00226784 8/17/2005 OFFICE DEPOT 117.86 AP-00226784 8/17/2005 OFFICE DEPOT 354.44 AP-00226784 8/17/2005 OFFICE DEPOT 145.68 AP- 00226784 8/17/2005 OFFICE DEPOT -34.47 AP-00226784 8/17/2005 OFFICE DEPOT 352.45 AP-00226784 8/17/2005 OFFICE DEPOT 34.47 AP- 00226784 8/17/2005 OFFICE DEPOT 150.72 AP- 00226784 8/17/2005 OFFICE DEPOT 170.08 AP- 00226784 8/17/2005 OFFICE DEPOT 73.26 AP- 00226784 8/17/2005 OFFICE DEPOT 46.04 AP- 00226784 8/17/2005 OFFICE DEPOT 103.55 AP- 00226784 8/17/2005 OFFICE DEPOT 16.12 AP - 00226784 8/17/2005 OFFICE DEPOT 11.94 AP - 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE 61.99 AP - 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE 12.90 AP - 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE 24.77 AP - 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE 3.22 AP - 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE -3.22 AP - 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE 12.79 AP 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE 1.82 AP 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE 5.43 AP 00226785 8/17/2005 ORCHARD SUPPLY HARDWARE 13.70 AP 00226786 8/17/2005 OTSUKA, DENNIS 100.00 AP 00226787 8/17/2005 OTT, LAURA 360.00 AP 00226787 8/17/2005 OTT, LAURA 120.00 AP 00226787 8/17/2005 OTT, LAURA 180.00 AP 00226788 8/I7/2005 OWEN ELECTRIC 17.15 AP 00226788 8/I7/2005 OWEN ELECTRIC 44.93 AP 00226789 8/17/2005 PACIFICARE OF CALIFORNIA 61,395.61 AP 00226790 8/17/2005 PACIFICARE OF CALIFORNIA 50,502.59 AP 00226790 8/17/2005 PACIFICARE OF CALIFORNIA 52,099.39 AP- 00226792 8/17/2005 PATTON SALES CORP 20.24 AP- 00226793 8/17/2005 PEP BOYS 21.54 AP - 00226794 8/17/2005 PETES ROAD SERVICE [NC 219.55 User: VLOPEZ - Veronica Lopez Page: 19 Current Date: 08/3t/200 Report:CK AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portxait Layout Timel~ a,. 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226794 8/17/2005 PETES ROAD SERVICE INC 345.56 AP - 00226796 8/17/2005 POMONA PRINT STOP 332.95 AP - 00226797 8/17/2005 POUK AND STEINLE INC. 6,582.64 AP - 00226798 8/17/2005 PRAXAiR DISTRIBUTION INC 76.10 AP - 00226799 8/17/2005 PRE-PAID LEGAL SERVICES INC 6.81 AP - 00226800 8/17/2005 PRUDENTIAL OVERALL SUPPLY 7.00 AP-00226803 8/17/2005 R.D. CONSULTING 3,102.00 AP - 00226804 8/17/2005 RAMOS, ERICA 14.18 AP-00226804 8/17/2005 RAMOS, ERICA 25.92 AP - 00226805 8/17/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 15.00 AP - 00226805 8/17/2005 RANCHO CUCAMONGA CHAMBER OF COMMEI 15.00 AP - 00226805 8/17/2005 RANCHO CUCAMONGA CHAMBER OF COMME! 15.00 AP - 00226805 8/17/2005 RANCHO CUCAMONGA CHAMBER OF COMME! 15.00 AP - 00226807 8/17/2005 R.AULS AUTO TRIM INC 357.75 AP - 00226808 8/17/2005 RBM LOCK AND KEY SERVICE 86.20 AP-00226809 8/17/2005 RCPFA 7,171.13 AP - 00226811 8/17/2005 REXEL CALCON 964.51 AP - 00226813 8/17/2005 RIVERSIDE BLUEPRINT 79.20 AP-00226813 8/17/2005 RIVERSIDE BLUEPRINT 17.60 AP- 00226814 8/17/2005 RIVERSIDE CONSTRUCTION COMPANY 1,029,978.80 AP- 00226814 8/17/2005 RIVERSIDE CONSTRUCTION COMPANY 28,320.45 AP- 00226814 8/t7/2005 RIVERSIDE CONSTRUCTION COMPANY -102,997.88 AP - 00226814 8/17/2005 RIVERSIDE CONSTRUCTION COMPANY -2,832.04 AP- 00226816 8/17/2005 ROLLER CITY PLUS 252.00 AP- 00226817 8/17/2005 ROTARY CORPORATION 232.88 AP-00226818 8/17/2005 SAFELITEAUTOGLASS 200.16 AP- 00226818 8/17/2005 SAFELITE AUTOGLASS 200.16 AP - 00226819 8/17/2005 SAFFRON CATERING & EVENT SERVICES 197.72 AP - 00226820 8/17/2005 SAN BERNARDINO CTY SHERIFFS DEPT 1,585,215.50 AP- 00226820 8/17/2005 SAN BERNARDINO CTY SHERIFFS DEPT 13,642.50 AP - 00226820 8/17/2005 SAN BERNARDINO CTY SHERIFFS DEPT 17,570.00 AP- 00226821 8/17/2005 SANDERS, DIANA 500.00 AP- 00226822 8/17/2005 SCANNATOA 75.00 AP - 00226823 8/17/2005 SENECHAL, CALVIN 196.00 AP- 00226823 8/17/2005 SENECHAL, CALVIN 136.50 AP - 00226823 8/17/2005 SENECHAL, CALVIN 49.00 AP-00226823 8/17/2005 SENECHAL, CALVIN 109.00 AP-00226824 8/17/2005 SHAH, ROOHI 212.50 AP - 00226825 8/17/2005 SHARP, ALVIN 500.00 AP - 00226827 8/17/2005 SIGN A RAMA 382.51 AP - 00226828 8/17/2005 SILVIA CONSTRUCTION INC 24,328.87 AP-00226829 8/17/2005 SIMPLOTPARTNERS 804.44 AP-00226829 8/17/2005 SIMPLOTPARTNERS 1,503.03 AP-00226831 8/17/2005 SLUKA, SUSAN 600.00 AP- 00226831 8/17/2005 SLUKA, SUSAN 294.27 AP- 00226832 8/17/2005 SO CALIF EDISON 110.00 AP- 00226833 8/17/2005 SO CALIF GAS COMPANY 1,166.24 AP- 00226833 8/17/2005 SO CALIF GAS COMPANY 1,486.42 AP - 00226833 8/17/2005 SO CALIF GAS COMPANY 43.55 AP - 00226833 8/17/2005 SO CALIF GAS COMPANY 201.99 AP- 00226833 8/17/2005 SO CALIF GAS COMPANY 571.26 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.94 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 15.70 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 User: VLOPEZ - Veronica Lopez Page: 20 Current Date: 08/31/200 Report:CK_AGENDA REG_PORTKAIT_RC - CK: Agenda Check Register Porffait Layout TimeL~ _ 15:21:5 / CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 15.49 AP- 00226837 8/17/2005 SOUTHERN CAL1FORNIAEDISON 15.04 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.82 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 71.83 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 23.44 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 15.84 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 64.78 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 36.20 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 68.01 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 60.94 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 36.65 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 112.22 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 73.70 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.82 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.00 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 209.15 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 22.71 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 180.13 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 31.45 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 64.30 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.27 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 43.44 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 101.85 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 362.45 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.94 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.64 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 22.18 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.47 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 16.97 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 91.79 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 185.10 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 80.13 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 74.63 User: VLOPEZ - Veronica Lopez Page: 21 Current Date: 08/31/200 Report:CK_AGENDA PEG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time;.~ ~n 15:2l:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Cheek Date Vendor Name Amount AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 19.79 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 17.47 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 25.30 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 33.50 AP- 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP - 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00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.82 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 67.49 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.17 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 107.10 AP - 00226837 8/17/2005 SOUTHERN CALIFORNIA EDISON 14.65 AP - 00226838 8/17/2005 SOUTHLAND SPORTS OFFICIALS 166.00 AP - 00226839 8/17/2005 SOUTHWEST MOBILE STORAGE 1NC 175.60 AP ~ 00226839 8/17/2005 SOUTHWEST MOBILE STORAGE [NC 175.60 AP - 00226839 8/17/2005 SOUTHWEST MOBILE STORAGE INC 175.60 AP - 00226840 8/17/2005 SPARKLETTS 21.00 AP- 00226841 8/17/2005 STERLING COFFEE SERVICE 181.81 AP- 00226841 8/17/2005 STERLING COFFEE SERVICE 88.95 AP- 00226841 8/17/2005 STERLING COFFEE SERVICE 65.25 AP - 00226842 8/17/2005 STORQUEST-RANCHO CUCAMONGA EAST 1,930.00 AP - 00226843 8/I 7/2005 SULLY-MILLER CONTRACTING COMPANY 63,124.95 AP-00226844 8/17/2005 SUN, THE 160.80 AP- 00226845 8/17/2005 SUNGARD BI TECH [NC 16,150.00 AP - 00226845 8/17/2005 SUNGARD BI TECH [NC 6,078.00 AP - 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00226856 8/17/2005 UNIFIRST UNIFORM SERVICE 112.26 AP- 00226856 .8/17/2005 UNIFIRST UNIFORM SERVICE 43.86 AP- 00226856 8/17/2005 UNIFIRSTUNIFORM SERVICE 75.76 AP- 00226856 8/17/2005 UNIFIRSTUNIFORM SERVICE 797.91 AP- 00226856 8/17/2005 UNIFIRST UNIFORM SERVICE 29.47 AP- 00226856 8/17/2005 UNIFIRSTUNIFORM SERVICE 43.86 AP- 00226856 8/17/2005 UNIFIRSTUNIFORM SERVICE 150.13 AP- 00226856 8/17/2005 UNIFIRST UNIFOR3/I SERVICE 716.91 AP- 00226856 8/17/2005 UNIFIRSTUNIFORM SERVICE 43.86 AP- 00226856 8/17/2005 UNIFIRST UNIFORM SERVICE 32.01 AP - 00226856 8/17/2005 UNIFIRST UNIFORM SERVICE 859.34 User: VLOPEZ - Veronica Lopez Page: 23 Current Date: 08/31/200 Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time.'.,./15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226857 8/17/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 2,864.33 AP - 00226857 8/17/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 33,654.49 AP- 00226858 8/17/2005 UNITED WAY 46.00 AP - 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Veronica Lopez Page: 24 Current Date: 08/31/200 Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~l 5:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 t~ough 8/30/2005 Check No. Check Date Vendor Name Amount AP- 00226864 8/17/2005 VERIZON 92.05 AP - 00226864 8/17/2005 VERIZON 46.28 AP-00226864 8/17/2005 VERIZON 92.05 AP - 00226864 8/17/2005 VERIZON 92.05 AP - 00226864 8/17/2005 VERIZON 46.49 AP-00226864 8/17/2005 VERIZON 84.39 AP-00226864 8/17/2005 VERIZON 58.44 AP-00226864 8/17/2005 VERIZON 92.03 AP - 00226864 8/17/2005 VEPdZON 29.27 AP-00226864 8/17/2005 VERIZON 29.27 AP-00226864 8/17/2005 VERIZON 29.27 AP- 00226864 8/17/2005 VERIZON 20.56 AP- 00226864 8/17/2005 VERIZON 29.75 AP - 00226866 8/17/2005 VIRTUAL PROJECT MANAGER INC 500.00 AP - 00226866 8/17/2005 VIRTUAL PROJECT MANAGER 1NC 500.00 AP- 00226867 8/17/2005 WALTERS WHOLESALE ELECTRIC CO 382.86 AP - 00226867 8/17/2005 WALTERS WHOLESALE ELECTRIC CO 34.49 AP - 00226868 8/17/2005 WARREN & CO INC, CARL 466.28 AP - 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00226881 8/24/2005 AEG ARTS & EXHIBITIONS 1,478.00 AP-00226882 8/24/2005 AFLAC 2,225.66 AP - 00226884 8/24/2005 ALBERT, KATHARINE 500.00 AP - 00226886 8/24/2005 ALLIANCE BUS LINES INC 315.79 AP - 00226887 8/24/2005 AMAZON.COM CREDIT 122.47 AP- 00226888 8/24/2005 AMESCUA, CHRISTA 80.00 AP - 00226889 8/24/2005 AQUILLAILD, SUZY 500.00 AP- 00226890 8/24/2005 ARCH WIRELESS 653.86 AP - 00226891 8/24/2005 ARCHIBALD PET HOSPITAL 50.00 AP- 00226892 8/24/2005 ARTS REACH UNLIMITED 99.00 AP- 00226893 8/24/2005 AUDIO EDITIONS 8.58 AP- 00226894 8/24/2005 BALDEON, CARLOS 625.00 AP- 00226895 8/24/2005 BARNES AND NOBLE 794.79 User: VLOPEZ - Veronica Lopez Page: 25 Current Date: 08/31/200 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~! 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP- 00226895 8/24/2005 BARNES AND NOBLE 443.25 AP - 00226896 8/24/2005 BELLITTI, NATHALIE 34.00 AP- 00226897 8/24/2005 BERGELECTRIC CORPORATION 25,258.02 AP - 00226897 8/24/2005 BERGELECTRIC CORPORATION 47,454.27 AP - 00226897 8/24/2005 BERGELECTRIC CORPORATION -216.80 AP - 00226897 8/24/2005 BERGELECTRIC CORPO1Lg. TION 30,930.71 AP-00226897 8/24/2005 BERGELECTRIC CORPORATION -121.55 AP-00226897 8/24/2005 BERGELECTRICCORPORATION -18.70 AP - 00226897 8/24/2005 BERGELECTRIC CORPORATION -3,093.07 AP - 00226897 8/24/2005 BERGELECTRIC CORPORATION 187.00 ~AP- 00226897 8/24/2005 BERGELECTRIC CORPORATION 1,215.50 AP ~ 00226897 8/24/2005 BERGELECTRIC CORPORJkTION -4,745.43 AP - 00226897 8/24/2005 BERGELECTRIC CORPORATION -2,525.80 AP - 00226897 8/24/2005 BERGELECTRIC CORPORATION 2,168.00 AP- 00226898 8/24/2005 BERGER, ROSALIE 500.00 AP - 00226899 8/24/2005 BLANDFORD, PENNY 18.00 AP - 00226900 8/24/2005 BOCTOR, ALFRED 70.00 AP 00226901 8/24/2005 BROOKS, AMORLINA 36.00 AP 00226902 8/24/2005 BRUNSWICK DEER CREEK LANES 423.50 AP 00226904 8/24/2005 BURCH, MICHELE 80.00 AP 00226905 8/24/2005 CALIFORNIA, STATE OF 22.50 AP 00226906 8/24/2005 CALIFORNIA, STATE OF 147.00 AP 00226907 8/24/2005 CARRILLO, TRINA 606.37 AP 00226908 8/24/2005 CENTER ICE ARENA 28.00 AP 00226909 8/24/2005 CERTIFIED CARE TRANSMISSION 353.11 AP 00226909 8/24/2005 CERTIFIED CARE TRANSMISSION 814.51 AP 00226910 8/24/2005 CHARTER COMMUNICATIONS 89.78 AP 00226911 8/24/2005 CHARTER MEDIA INC. 1,370.11 AP - 00226911 8/24/2005 CHARTER MEDIA INC. 3,196.93 AP - 00226912 8/24/2005 CHHAYA, ANGIRA 40.00 AP- 00226913 8/24/2005 CHIA, CONNIE 300.00 AP - 00226914 8/24/2005 CHUATRAKUL, DOMINIQUE 600.00 AP-00226915 8/24/2005 CLARK, KAREN 561.00 AP - 00226916 8/24/2005 COLOR ME MINE 540.40 AP - 00226917 8/24/2005 COMBINED MARTIAL SCIENCE INC 2,839.50 AP - 00226918 8/24/2005 CONTRERAS, CORINNE 54.40 AP- 00226919 8/24/2005 COSCO FIRE PROTECTION 4,582.50 AP- 00226919 8/24/2005 COSCO FIRE PROTECTION -5,096.00 AP- 00226919 8/24/2005 COSCO FIRE PROTECTION -784.00 AP - 00226919 8/24/2005 COSCO FIRE PROTECTION 7,840.00 AP - 00226919 8/24/2005 COSCO FIRE PROTECTION 50,960.00 AP- 00226919 8/24/2005 COSCO FIRE PROTECTION -458.25 AP - 00226920 8/24/2005 COURT TRUSTEE 118.50 AP - 00226921 8/24/2005 COURT TRUSTEE 200.00 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 5,834.97 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 198.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 182.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 864.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 489.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 794.48 AP- 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 117.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 943.28 AP- 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 772.88 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 404.48 User: VLOPEZ - Veronica Lopez Page: 26 Current Date: 08/31/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~ ~,,d5:21:5 7 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date. Vendor Name Amount AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 314.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 211.28 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 212.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 119.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 179.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 168.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 129.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 51.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 144.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 147.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 198.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 135.70 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 211.28 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 694.88 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 552.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 408.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 286.88 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 220.88 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 390.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 37.33 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 175.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 162.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 205.28 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 308.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 163.88 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 102.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 199.28 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 153.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 204.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 168.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 1,165.28 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 885.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 1,126.88 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 946.88 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 663.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 492.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 127.28 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 378.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 1,280.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 499.03 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 300.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 429.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 377.48 AP- 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 223.88 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 237.08 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 600.68 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 440.48 AP- 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 255.08 AP- 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 920.23 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 2,044.91 AP - 00226923 8/24/2005 CUCANIONGA VALLEY WATER DISTRICT 349.28 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 92.48 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 1,346.41 AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 9,387.67 User: VLOPEZ - Veronica Lopez Page: 27 Current Date: 08/31/200 Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portxait Layout Time:~,.~l 5:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226923 8/24/2005 CUCAMONGA VALLEY WATER DISTRICT 1,046.48 AP - 00226924 8/24/2005 CULP, STEPHANIE 50.00 AP - 00226925 8/24/2005 CUORVO, ELENA 40.00 AP - 00226926 8/24/2005 DAGHDEVIRIAN, KATHY 2,116.80 AP- 00226927 8/24/2005 DANCE TERRIFIC 1,659.90 AP - 00226928 8/24/2005 DANIELS, KATHY 100.00 AP ~ 00226928 8/24/2005 DANIELS, KATHY 156.75 AP - 00226929 8/24/2005 DE SANTIAGO, PATTY 80.00 AP-00226930 8/24/2005 DEER, SONIA 22.00 AP- 00226931 8/24/2005 DELANY, DANI 147.00 AP - 00226932 8/24/2005 DELESOLERNIER, DORIS 28.00 AP - 00226933 8/24/2005 DELTA MICROIMAG1NG INC 3,667.29 AP - 00226933 8/24/2005 DELTA MICROIMAGING INC 2,453.42 AP- 00226935 8/24/2005 DIRECTV 33.06 AP-00226935 8/24/2005 DIRECTV 29.99 AP- 00226936 8/24/2005 DONOFRIO, KELLE 50.00 AP - 00226937 8/24/2005 DOUBLET-DELION, PATRICIA 483.00 AP - 00226938 8/24/2005 DRACHAND, D! ANNE 30.00 AP- 00226939 8/24/2005 DUFFY, RICK 2,112.25 AP - 00226940 8/24/2005 DV UC FP & OCC HEALTH 30.00 AP- 00226941 8/24/2005 DYAN, DIANE 838.50 AP - 00226942 8/24/2005 DYNASTY GYM 2,027.40 AP - 00226943 8/24/2005 EASTON SPORTS DEVELOPMENT FOUNDATIO~ 616.00 AP - 00226944 8/24/2005 ECKL, ELENA 22.50 AP - 00226945 8/24/2005 EDIOR, ANTHONY 118.00 AP- 00226946 8/24/2005 EGGERS, ROBERT A. 276.50 AP- 00226947 8/24/2005 EMPIRE ECONOMICS 5,825.00 AP- 00226948 8/24/2005 EOM, YUNWON 40.00 AP- 00226950 8/24/2005 ESTRADA, CEASAR 375.00 AP- 00226951 8/24/2005 EXCLUSIVE EMAGES 196.11 AP - 00226952 8/24/2005 EZ UP DIRECT 1,113.37 AP - 00226953 8/24/2005 FEDERAL EXPRESS CORP 11.86 AP - 00226953 8/24/2005 FEDERAL EXPRESS CORE 11.64 AP - 00226953 8/24/2005 FEDERAL EXPRESS CORP 15.48 AP - 00226955 8/24/2005 FIALLOS, LILLY 40.00 AP - 00226956 8/24/2005 FIELDMAN ROLAPP AND ASSOCIATES 5,303.06 AP - 00226957 8/24/2005 FINESSE PERSONNEL ASSOCIATES 612.00 AP- 00226957 8/24/2005 FINESSE PERSONNEL ASSOCIATES 612.00 AP- 00226958 8/24/2005 FIRSTPLACE TROPHIES 29.09 AP - 00226959 8/24/2005 FORD OF UPLAND INC 34.58 AP - 00226961 8/24/2005 GALVIN, CHRISTINA 32.00 AP - 00226961 8/24/2005 GALVIN, CHRISTINA 3.00 AP - 00226962 8/24/2005 GARCIA, ALFONSO 57.50 AP- 00226962 8/24/2005 GARCIA, ALFONSO 22.50 AP - 00226963 8/24/2005 GARCIA, JESSICA 16.00 AP - 00226964 8/24/2005 GARNEY, CATHLEEN 51.03 AP - 00226965 8/24/2005 GEORGE, JANET 52.00 AP - 00226966 8/24/2005 GILLARD, H'ATINA 500.00 AP - 00226967 8/24/2005 GIORDANO, MARIANNA 228.00 AP- 00226968 8/24/2005 GOLDEN WEST DISTRIBUTING 94.66 AP- 00226968 8/24/2005 GOLDEN WEST DISTRIBUTING 36.36 AP - 00226969 8/24/2005 GONZALES, CARLOS 70.00 AP- 00226969 8/24/2005 GONZALES, CARLOS 72.00 AP - 00226969 8/24/2005 GONZALES, CARLOS 118.00 User: VLOPEZ - Veronica Lopez Page: 28 Current Date: 08/31/200 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:2t:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00226970 8/24/2005 GRIBIB, BETH 24.00 AP- 00226971 8/24/2005 HADDON, DAWN 125.00 AP - 00226972 8/24/2005 HAKIMI, SUSAN 627.75 AP - 00226973 8/24/2005 HAMPTON, ANTONIA 595.20 AP - 00226974 8/24/2005 HANGER 18 LLC. 462.00 AP - 00226975 8/24/2005 HARALAMBOS BEVERAGE COMPANY 376.24 AP - 00226976 8/24/2005 HARRIS, JAMES T. 37.15 AP - 00226977 8/24/2005 HARRISON, STARR 150.00 AP 00226978 8/24/2005 HEWLETT PACKARD EXPRESS SERVICES 2,522.67 AP 00226979 8/24/2005 HILL, LAUREN 88.34 AP 00226980 8/24/2005 HILTY, JENNIFER 28.00 AP 00226981 8/24/2005 HOYT, RAYMOND 853.50 AP 00226982 8/24/2005 HUDLOW, DIEDRE 40.00 AP 00226983 8/24/2005 HUMANE SOCIETY OF SAN BERNARD1NO VAL1 317.00 AP 00226984 8/24/2005 HUO, WENDY 40.00 AP 00226984 8/24/2005 HUO, WENDY 40.00 AP 00226985 8/~4/2005 HURST, CHERYL 288.50 AP 00226986 8/24/2005 IEMA 25.00 AP- 00226986 8/24/2005 IEMA 25.00 AP 00226986 8/24/2005 IEMA 25.00 AP 00226987 8/24/2005 INLAND EMPIRE TOURS AND TRANSPORTATIE 717.00 AP 00226988 8/24/2005 INLAND FAIR HOUSING AND MEDIATION 25.00 AP 00226989 8/24/2005 INLAND VALLEY DAILY BULLETIN 172.80 AP 00226990 8/24/2005 INLAND VALLEY DANCE ACADEMY 2,785.20 AP 00226991 8/24/2005 1NTERNATIONAL COMMUNITY CHURCH, KEN~ 500.00 AP 00226992 8/24/2005 IZQUIEDO, KARLA 32.00 AP 00226993 8/24/2005 JOHNSTON CONSULTING, CHRIS 1,841.87 AP 00226993 8/24/2005 JOHNSTON CONSULTING, CHRIS 1,308.13 AP 00226994 8/24/2005 JORDAN, EDWARD 40.00 AP 00226995 8/24/2005 KAPLAN, DENEAN 1,387.20 AP 00226996 8/24/2005 KC PRINTING & GRAPHICS INC 2,379.60 AP 00226997 8/24/2005 KELLEY BLUE BOOK 109.00 AP 00226998 8/24/2005 KENNARD, ROSALIE 12.00 AP 00226998 8/24/2005 KENNARD, ROSALIE 50.00 AP 00226999 8/24/2005 KIDSART 682.50 AP 00227000 8/24/2005 KIRCHHOFF, RICHARD 700.00 AP 00227002 8/24/2005 KODEIN, LAMIA 50.00 AP 00227004 8/24/2005 KOZLOVICH, DEBBIE 3,424.50 AP 00227005 8/24/2005 LaLONDE, JOHN 400.00 AP 00227006 8/24/2005 LAWSON PRODUCTS [NC 232.71 AP 00227007 8/24/2005 LEMUS, MARIA 381.25 AP 00227008 8/24/2005 LIEBERT CASSIDY WHITMORE 6,532.25 AP 00227008 8/24/2005 LIEBERTCASSIDYWHITMORE 528.10 AP 00227010 8/24/2005 LIM, HEATHER 800.00 AP 00227011 8/24/2005 LITERACY PRO SYSTEMS INC 431.92 AP 00227012 8/24/2005 LIVE OAK DOG OBEDIENCE 739.20 AP 00227014 8/24/2005 LOPEZ, MARIA 500.00 AP 00227015 8/24/2005 LOPEZ, ROBERT 155.00 AP 00227016 8/24/2005 LOWE'S COMPANIES INC. 213.32 AP 00227016 8/24/2005 LOWE'S COMPANIES INC. 416.99 AP 00227016 8/24/2005 LOWE'S COMPANIES INC. 164.29 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 23.47 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 141.83 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 38.73 User: VLOPEZ - Veronica Lopez Page: 29 Current Date: 08/31/200 Report:CK_AGENDA REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time,:~ 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP- 00227016 8/24/2005 LOWE'S COMPANIES 1NC. 419.08 AP - 00227016 8/24/2005 LOWE'S COMPANIES INC. 99.47 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 38.75 AP- 00227016 8/24/2005 LOWE'S COMPANIES 1NC. 35.72 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 438.51 AP - 00227016 8/24/2005 LOWE'S COMPANIES 1NC. 102.76 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 252.44 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 168.61 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 16.16 AP - 00227016 8/24/2005 LOWE'S COMPANIES INC. 28.22 AP- 00227016 8/24/2005 LOWE'S COMPANIES INC. 29.33 AP - 00227016 8/24/2005 LOWE'S COMPANIES INC. 50.49 AP - 00227018 8/24/2005 MAD SCIENCE 2,626.50 AP - 00227019 8/24/2005 MAGANA, ZOILA 12.00 AP - 00227019 8/24/2005 MAGANA, ZOILA 12.00 AP - 00227020 8/24/2005 MAGRUDER, KA1LEN 239.40 AP- 00227021 8/24/2005 MAIN STREET SIGNS 80.81 AP - 00227022 8/24/2005 MANELA, ROSARIO 62.14 AP - 00227022 8/24/2005 MANELA, ROSARIO 8.84 AP - 00227023 8/24/2005 MANNION, MELISSA 22.22 AP - 00227024 8/24/2005 MARIPOSA HORTICULTURAL ENT INC 441.44 AP - 00227025 8/24/2005 MARK CHRIS INC 280.50 AP - 00227026 8/24/2005 MARSHALL, SYLVIA 1,314.60 AP - 00227027 8/24/2005 MARTINEZ UNION SERVICE 210.00 AP 00227028 8/24/2005 MAYLAD, JOSELIE 40.00 AP 00227029 8/24/2005 MCCAUGHEY, WILLIAM 250.00 AP 00227030 8/24/2005 MCI 646.39 AP 00227030 8/24/2005 MCI 45.49 AP 00227031 8/24/2005 METROPOLITAN COOPERATIVE LIBRARY 200.00 AP 00227032 8/24/2005 MIDWEST TAPE 275.86 AP 00227032 8/24/2005 MIDWEST TAPE 264.87 AP 00227032 8/24/2005 MIDWEST TAPE 174.92 AP 00227032 8/24/2005 MIDWEST TAPE 99.96 AP 00227032 8/24/2005 MIDWEST TAPE 43.98 AP 00227033 8/24/2005 MILLS, CAREY 651.00 AP 00227034 8/24/2005 MOE, JOHN 518.40 AP 00227035 8/24/2005 MONTEALEGRE, MARIA 40.00 AP 00227038 8/24/2005 NM A DUES C/O DAVID MCDONALD 5.54 AP 00227039 8/24/2005 NATIONAL DEFERRED 29,395.59 AP 00227040 8/24/2005 NIKPOUR, MOHAMMED 83.00 AP 00227040 8/24/2005 NIKPOUR, MOHAMMED 118.00 AP 00227040 8/24/2005 NIKPOUR, MOHAMMED 96.00 AP 00227041 8/24/2005 NURMI, SUE 36.95 AP 00227042 8/24/2005 ODUYEMI, SOLA 250.00 AP 00227043 8/24/2005 OFFICE DEPOT 173.19 AP 00227043 8/24/2005 OFFICE DEPOT 154.02 AP 00227043 8/24/2005 OFFICE DEPOT 501.10 AP 00227043 8/24/2005 OFFICE DEPOT 62.24 AP 00227043 8/24/2005 OFFICE DEPOT 11.12 AP 00227043 8/24/2005 OFFICE DEPOT 324.25 AP 00227043 8/24/2005 OFFICE DEPOT 234.36 AP ~ 00227043 8/24/2005 OFFICE DEPOT 17.35 AP- 00227043 8/24/2005 OFFICE DEPOT 133.62 AP- 00227043 8/24/2005 OFFICE DEPOT 218.16 User: VLOPEZ - Veronica Lopez Page: 30 Current Date: 08/31/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Till 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP-00227043 8/24/2005 OFFICE DEPOT 228.05 AP - 00227043 8/24/2005 OFFICE DEPOT 105.45 AP - 00227043 8/24/2005 OFFICE DEPOT 116.89 AP-00227043 8/24/2005 OFFICE DEPOT 282.70 AP- 00227043 8/24/2005 OFFICE DEPOT 11.93 AP- 00227043 8/24/2005 OFFICE DEPOT 23.30 AP - 00227044 8/24/2005 ONTARIO ICE SKATING CENTER 672.00 AP - 00227045 8/24/2005 OVERHEAD DOOR SYSTEMS [NC 23.19 AP - 00227046 8/24/2005 OWEN ELECTRIC 1,251.47 AP - 00227047 8/24/2005 PAL CAMPAIGN 131.46 AP-00227049 8/24/2005 PEP BOYS 39.08 AP- 00227050 8/24/2005 PEREZ, HECTOR 35.00 AP - 00227051 8/24/2005 PHUNG, THU 36.00 AP - 00227052 8/24/2005 PIRANHA POOL & SPA CONSTRUCTORS INC 250.00 AP - 00227053 8/24/2005 POUK AND STEINLE INC. 18,520.43 AP - 00227053 8/24/2005 POU'K AND STEINLE INC. 33,360.38 AP - 00227054 8/24/2005 PRE-PAID LEGAL SERVICES iNC 122.58 AP - 00227055 8/24/2005 PRECISION GYMNASTICS 1,484.70 AP-00227056 8/24/2005 PRINCIPAL LIFE 1,818.15 AP - 00227058 8/24/2005 PROGRESSIVE BUSINESS PUBLICATIONS SPECi 94.56 AP - 00227059 8/24/2005 QUINTANA, ZITA 193.00 AP - 00227060 8/24/2005 QWEST 4.55 AP - 00227061 8/24/2005 RADULESCU, ELIADE 35.00 AP - 00227062 8/24/2005 RAMOS, GRETTA 360.00 AP - 00227064 8/24/2005 RANCHO SCREEN PRINT AND EMBROIDERY 306.01 AP - 00227065 8/24/2005 RBF CONSULTING ~ 5,204.40 AP- 00227065 8/24/2005 RBF CONSULTING 5,172.85 AP - 00227065 8/24/2005 RBF CONSULTING 18,679.81 AP- 00227066 8/24/2005 RBM LOCK AND KEY SERVICE 86.20 AP- 00227067 8/24/2005 REINHARDTSEN, DEBRA 282.50 AP - 00227068 8/24/2005 RELIANT ENERGY ETIWANDA LLC 5,098.72 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 6,307.60 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 2,844.05 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 3,603.69 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 24,900.82 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 83.20 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 75.00 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 48.50 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 128.00 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 150.00 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 41.84 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 130.00 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 1,782.00 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 1,072.91 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 1,257.35 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 1,221.20 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 391.00 AP - 00227069 8/24/2005 RICHARDS WATSON AND GERSHON 2,383.75 AP - 00227070 8/24/2005 RIVERSIDE CO DEPT CHILD SUPPORT 250.00 AP - 00227071 8/24/2005 SAFELITE GLASS CORP 171.04 AP - 00227073 8/24/2005 SAN BERNARD1NO COUNTY 23,878.14 AP - 00227074 8/24/2005 SAN BERNARDINO COUNTY 116,100.00 AP- 00227075 8/24/2005 SAN BERNARDINO COUNTY 837.79 AP - 00227076 8/24/2005 SAN BERNARDINO CTY CHILD SUPPORT PAYi~ 392.44 User: VLOPEZ - Veronica Lopez Page: 31 Current Date: 08/31/200 Report:CKAGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Re~ister 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00227077 8/24/2005 SAN BEILNAKDINO CTY CHILD SUPPORT PAYM 322.50 AP - 00227078 8/24/2005 SAN BERNARDINO CTY CHILD SUPPORT PAYM 213.50 AP - 00227079 8/24/2005 SAN BERNARD1NO CTY SHERIFFS DEPT 2,700.00 AP - 00227080 8/24/2005 SANDOVAL, LYDIA 40.00 AP-00227081 8/24/2005 SANTOS, MANNY 105.00 AP - 00227081 8/24/2005 SANTOS, MANNY 70.00 AP - 00227082 8/24/2005 SBC LONG DISTANCE 0.24 AP - 00227082 8/24/2005 SBC LONG DISTANCE -2.00 AP- 00227082 8/24/2005 SBC LONG DISTANCE 16.00 AP- 00227082 8/24/2005 SBC LONG DISTANCE 1,798.89 AP- 00227083 8/24/2005 SC DESIGN INC 10.80 AP - 00227084 8/24/2005 SCHULTEJANN, MARY 600.00 AP - 00227085 8/24/2005 SCOTT, DIANA 250.00 AP - 00227087 8/24/2005 SHAFER, DAYNA 432.00 AP- 00227088 8/24/2005 SHERIFFS COURT SERVICES 281.59 AP - 00227089 8/24/2005 SIGNATURE AUTO COLLISION CENTER 4,068.97 AP- 00227091 8/24/2005 SIRCHIE FINGERPRINT 27.66 AP - 00227092 8/24/2005 SMITH, MYISHA 30.00 AP - 00227093 8/24/2005 SO CALIF GAS COMPANY 32.02 AP - 00227093 8/24/2005 SO CALIF GAS COMPANY 92.21 AP - 00227093 8/24/2005 SO CALIF GAS COMPANY 19.78 AP - 00227093 8/24/2005 SO CALIF GAS COMPANY 162.09 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 2,580.67 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.99 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.83 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 63.13 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 84.73 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 98.75 AP 00227096 8/24/2005 SOUTHERN CALIFOILNIA EDISON 57.43 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 16.62 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 30.93 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 124.70 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 29.99 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 76.90 AP: 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 17.95 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 37.84 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.07 AP - 00227096 8/24/2005 SOUTHERN CALIFORIx3A EDISON 87.91 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 83.54 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 103.74 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 94.97 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 49.17 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 14.65 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 74.65 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 14.82 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.99 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 108.11 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 73.83 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 75.79 AP- 00227096 8/24/2005 SOUTHER~ CALIFOICNIA EDISON 14.10 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 61.65 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 19.50 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 310.85 User: VLOPEZ - Veronica Lopez Page: 32 Current Date: 08/31/200 Report:CK_AGENDA REG PORTILMT RC - CK: Agenda Check Register Portrait Layout Timg:~ ~ 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 4,379.36 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.16 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 89.54 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 14.65 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 0.26 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 106.61 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 36.66 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 18.33 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.99 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 14.10 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 165.21 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 81.40 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 70.28 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 21,662.04 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 11.07 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 27.33 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 26.34 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 937.82 AP 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 1,045.32 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 82.42 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.99 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 103.08 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 16.46 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 14.29 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP ~ 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 49.72 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 56.10 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 25.02 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 25.02 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 208.15 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 130.22 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 14.29 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 13.80 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 71.41 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 0.21 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 12.03 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 5.95 AP - 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 130.61 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 32.10 AP- 00227096 8/24/2005 SOUTHERN CALIFORNIA EDISON 0.07 AP - 00227097 8/24/2005 SOUTHERN CALIFORNIA EDISON 851.15 AP - 00227098 8/24/2005 STEINY AND COMPANY INC 19,442.40 User: VLOPEZ - Veronica Lopez Page: 33 Current Date: 08/31/200 Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time~9 t I 15:21:5 CITY OF RANCHO CUCAMONGA Al~enda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP - 00227098 8/24/2005 STE1NY AND COMPANY INC 15,390.00 AP- 00227099 8/24/2005 STOFA, JOSEPH 15.00 AP- 00227101 8/24/2005 SWANK MOTION PICTURES [NC 303.55 AP- 00227102 8/24/2005 SWAZZLE 300.00 AP- 00227103 8/24/2005 T MOBILE 191.54 AP-00227105 8/24/2005 TATE, HEATHER 80.00 AP - 00227106 8/24/2005 TAUSSIG AND ASSOCIATES INC, DAVID 2,764.44 AP- 00227107 8/24/2005 TELE WORKS INC 5,500.00 AP - 00227108 8/24/2005 TEMECULA MECHANICAL INC 23,711.20 AP- 00227108 8/24/2005 TEMECULA MECHANICAL INC -2,371.12 AP - 00227108 8/24/2005 TEMECULA MECHANICAL [NC -229.00 AP- 00227108 8/24/2005 TEMECULA MECHANICAL INC -8,841.32 AP - 00227108 8/24/2005 TEMECULA MECHANICAL [NC 2,290.00 AP - 00227108 8/24/2005 TEMECULA MECHANICAL INC 88,413.23 AP- 00227110 8/24/2005 TERRY, DONNA 586.25 AP - 00227111 8/24/2005 TOBIN, RENEE 42.25 AP - 00227112 8/24/2005 TOTAL PLAN OF THE INLAND EMPIRE [NC 966.52 AP - 00227112 8/24/2005 TOTAL PLAN OF THE INLAND EMPIRE INC 644.34 AP - 00227113 8/24/2005 TRAFFIC SPECIALTIES [NC 153.54 AP 00227114 8/24/2005 TUPOU, NUNIA 500.00 AP 00227115 8/24/2005 TUTORWHIZINC 1,920.80 AP 00227116 8/24/2005 ULLOA, DAYSI YOLANDA 250.00 AP 00227118 8/24/2005 UNIQUE MANAGEMENT SERVICES INC 837.44 AP 00227119 8/24/2005 UNITED WAY 501.82 AP 00227120 8/24/2005 UNITEKTECHNOLOGYINC 971.91 AP 00227120 8/24/2005 UNITEKTECHNOLOGY1NC 273.00 AP - 00227120 8/24/2005 UNITEK TECHNOLOGY 1NC 1,997.68 AP - 00227120 8/24/2005 UNITEK TECHNOLOGY INC 54.64 AP - 00227120 8/24/2005 UNITEK TECHNOLOGY INC 705.00 AP - 00227120 8/24/2005 UNITEK TECHNOLOGY INC 21.16 AP- 00227120 8/24/2005 UNITEKTECHNOLOGY [NC 1,722.92 AP - 00227120 8/24/2005 LrNITEK TECHNOLOGY [NC 116.00 AP - 00227120 8/24/2005 UNITEK TECHNOLOGY [NC 8.99 AP - 00227121 8/24/2005 UPLAND MUSIC SCHOOL 2,656.00 AP - 00227122 8/24/2005 UPLAND TENNIS CLUB 2,117.40 AP-00227124 8/24/2005 VERIZON 86.39 AP - 00227124 8/24/2005 VERIZON 93.44 AP - 00227124 8/24/2005 VEKIZON 92.04 AP-00227124 8/24/2005 VERIZON 20.88 AP- 00227124 8/24/2005 VERIZON 20.88 AP-00227124 8/24/2005 VERIZON 0.31 AP-00227124 8/24/2005 VERIZON 20.88 AP- 00227124 8/24/2005 VERIZON 20.88 AP- 00227124 8/24/2005 VERIZON 89.24 AP- 00227124 8/24/2005 VERIZON 28.75 AP- 00227124 8/24/2005 VERIZON 61.07 AP - 00227124 8/24/2005 VERIZON 29.74 AP- 00227124 8/24/2005 VERIZON 150.37 AP- 00227124 8/24/2005 VERIZON 28.75 AP- 00227124 8/24/2005 VERIZON 28.30 AP- 00227124 8/24/2005 VERIZON 92.04 AP- 00227124 8/24/2005 VERIZON 92.04 AP- 00227124 8/24/2005 VERIZON 20.88 AP- 00227124 8/24/2005 VERIZON 28.76 User: VLOPEZ - Veronica Lopez Page: 34 Current Date: 08/31/200 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~ 15:21:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 8/10/2005 through 8/30/2005 Check No. Check Date Vendor Name Amount AP-00227124 8/24/2005 VERIZON 60.08 AP- 00227124 8/24/2005 VERIZON 31.30 AP-00227124 8/24/2005 VERIZON 28.75 AP- 00227124 8/24/2005 VERIZON 92.04 AP-00227124 8/24/2005 VERIZON 92.04 AP - 00227124 8/24/2005 VERIZON 24.04 AP- 00227124 8/24/2005 VERIZON 0.12 AP- 00227124 8/24/2005 VERIZON 0.56 AP-00227124 8/24/2005 VERIZON 92.04 AP- 00227124 8/24/2005 VERIZON 781.44 AP- 00227124 8/24/2005 VERIZON 143.07 AP- 00227124 8/24/2005 VERIZON 22.40 AP-00227124 8/24/2005 VERIZON 57.50 AP- 00227124 8/24/2005 VERIZON 89.24 AP- 00227124 8/24/2005 VERIZON 495.38 AP- 00227124 8/24/2005 VERIZON 1.20 AP - 00227124 8/24/2005 VERIZON 0.27 AP- 00227124 8/24/2005 VEKIZON 0.27 AP-00227124 8/24/2005 VERIZON 28.75 AP- 00227124 8/24/2005 VERIZON 29.30 AP- 00227124 8/24/2005 VERIZON 51.71 AP- 00227124 8/24/2005 VERIZON 27.34 AP - 00227124 8/24/2005 VERIZON 44.91 AP- 00227124 8/24/2005 VERIZON 467.75 AP-00227124 8/24/2005 VERIZON 78.06 AP- 00227125 8/24/2005 VIDEO GUYS, THE 103.88 AP - 00227126 8/24/2005 VIGILANCE, TERRENCE 200.00 AP-00227126 8/24/2005 VIGILANCE, TERRENCE 275.00 AP- 00227127 8/24/2005 VILLEGAS, ARGELITO 40.00 AP- 00227127 8/24/2005 VILLEGAS, ARGELITO 40.00 AP- 00227128 8/24/2005 VOLM, LIZA 112.50 AP - 00227130 8/24/2005 WARD, DESIKEE 452.50 AP - 00227131 8/24/2005 WEST PAYMENT CENTER 53.90 AP - 00227132 8/24/2005 WHITEHEAD, L1NDA 40.00 AP- 00227133 8/24/2005 XEROX CORPORATION 12,976.51 AP - 00227133 8/24/2005 XEROX CORPORATION 36.96 AP-00227133 8/24/2005 XEROX CORPORATION 34.93 AP - 00227133 8/24/2005 XEROX CORPORATION 34.93 AP-00227133 8/24/2005 XEROX CORPORATION 929.35 AP - 00227133 8/24/2005 XEROX CORPOP,.ATION 124.02 AP-00227133 8/24/2005 XEROX CORPORATION 36.31 AP- 00227134 8/24/2005 YEE, LARRY 31.00 AP-00227134 8/24/2005 YEE, LARRY 31.00 AP - 00227135 8/24/2005 YOUNG CALIFORNIA HOMES LP 3,700.00 AP- 00227136 8/24/2005 ZAILO, ROBERT 345.60 Total for Check ID AP: 6,159,666.48 Total for Entily: 6,159,666.48 User: VLOPEZ - Veronica Lopez Page: 35 Current Date: 08/31/200 Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:~/15:21:5 R A N H O C U C A M O N G A FIRE PROTECTION DISTRICT Staff Report DATE: Sel:e0ember 7, 20~5 T~. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Peter M. Bryan, Fire Chief BY: Janet Walker, Senior Administrative ~ SUBJECT: AUTHORIZATION TO APPROPRIATE $60,112 FROM COIVIMUNITY DEVELOPMENT TECHNICAL SERVICES FUND (AB1600) INIO ACCOUNT NUMBER 1016301-53(1) TO FUND TEMI~RARY PERSONNEL AS A ~SULT OF INCREASED DEMAND~ FOR SERVICE FROM SUPFORT PERSONNEL DUE TO RECOMMENDATION It is recommended that Council approve an appropriation in the amount of $60,112 from Community Development Technical Services Fund (AB1600) into account number 1016301-5300 to fund temporary personnel thru June 30, 2006 as a result of increased demands for service from support persormel due to new development in the City. BACKGROUND Due to the tremendous growth in the City, support staff has experienced a tremendous increase in workload in several areas. The shear number of CFD annexations has increased dramatically; we now have 3-6 every Board Meeting and the time required for management ability has significantly increased. In the area of budget development, as of FY 2004/05 we are now doing a Mid-year Analysis and we have added an additional station. We have also added additional budget divisions in order to better account for various program~. In order to attain better cost efficiency, we are now.requesting quotes/bids for services, analyzing expenditures every month, and conducting two training sessions each year for personnel responsible for managing programs and making purchases. I:\Clerical\Word Processing Docs\Staff Reports\Temp Personnel Using AB1600 Funds.doc Grants administration has greatly increased and we are applying for more each year. In addition, cost r~covery has generally been postponed and the future Headquarters Building will be a major project during the next two years, especially with multiple contractors and a Construction Management process. With the current level of support staff, we are finding we are unable to keep up with current as well as anticipated future workload demands. Respectfully submitbed, -2- I H E C I T Y 0 F [ 1 RANCHO CUCAMONGA StaffR DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECT: APPROVAL TO APPROPRIATE $52,000 FROM TItE COMMUNITY DEVELOPMENT TECHNICAL SERVICES FUND (AB 1600) INTO ACCOUNT NO. 1016301-5300 TO FUND TEMPORARY PERSONNEL DUE TO INCREASED DEMANDS FOR GIS SERVICES IN PUBLIC SAFETY DUE TO NEW DEVELOPMENT IN THE CITY RECOMMENDATION It is recommended that Council approve an appropriation in the amount o£ $52,000 from Community Development Technical Services Fund (AB1600) into account number 1016301- 5300 to fund temporary personnel through June 30, 2006 as a result of increased demands for GIS services in Public Safety, due to new development in the City. BACKGROUND Over the past 3V2 years, all GIS work £or Fire had been handled by contract employees. The turnover in contract personnel places a heavy burden and responsibility on GIS staff to train contractors that are not committed to the City and can leave for more lucrative employment elsewhere. As development continues in the City, along with the increases in the number o£residents, it is critical to the well-being of everyone that public safety keep current with the changes. These changes include new streets with fire hydrants, block plans and addresses that are transferred to Dispatch £or emergency response. To ensure that Fire is fully prepared to respond efficiently and effectively when dispatched, it is imperative that a contract GIS Technician is hired immediately. However, because o£past experience, staffproposes to enter into a professional services agreement with Page 2 September 7, 2005 bd SYSTEMS, Inc. an engineering firm that would provide the City with a Technician to work here at City Hall. This Technician will be an employee ofbd SYSTEMS Inc. with all benefits offered and covered by them. By taking this approach the City will have continuity without interruption as staff strives to maintain the Fire GIS data. Respectfully submitted, Lawrence I. Temple Administrative Services Director R A N C H O C U C A M O N G A [ ] COMMUNITY SERVICES Sbfl Report DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Karen McGuire-Emery, Senior Park Planner SUBJECT: ACCEPTANCE OF ONE TIME SUPPORT FROM THE COUNTY OF SAN BERNARDINO IN THE AMOUNT OF $300,000 FOR THE LIBRARY PORTION OF THE VICTORIA GARDENS CULTURAL CENTER PROJECT INTO ACCOUNT NO. 1312000-4740 AND APPROVAL OF A BUDGET APPROPRIATION IN THE AMOUNT OF $300,000 INTO ACCOUNT NO. 1312602-5650/1357312-6314 RECOMMENDATION Accept the $300,000 from the County of San Bernardino for the library portion of the Victoria Gardens Cultural Center Project into Account Number 1312000-4740 and approve the budget appropriation in the same amount into Account Number 1312602-565011357312-6314. ANALYSIS In Fall 2004, per San Bernardino County Supervisor Paul Biane's request, the County Board of Supervisors approved funding for a number of capital projects throughout the County, including $300,000 for the construction of the Victoria Gardens Library. The agreement between the City of Rancho Cucamonga and the County of San Bernardino has now been executed and funds are available for the project. Res e ully s Community Services Director T H'E CITY OF [ I~AN ClIO C U CAM 0 N GA DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Dan Coleman, Acting City Planner BY: Tabe van der Zwaag, Assistant Planner SUBJECT: CONSIDERATION OF A PUBLIC CONVENIENCE AND NECESSITY DRC2005-00642 - 7-Eleven, Inc. - A request to determine a Public Convenience and Necessity for a Type 20 off-sale beer and wine license for a convenience store in the Industrial Park District, located on the northwest corner of Haven Avenue and Sixth Street - APN: 0209-262-19 and 20. RECOMMENDATION: Staff recommends that the City Council approve the determination of Public Convenience and Necessity for 7-Eleven, Inc. through the adoption of the attached Resolution of Approval, and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS: A. Background: The 7-Eleven store is proposed for the northwest corner of Haven Avenue and Sixth street, as shown on the attached Site Plan (Exhibit A). The Planning Commission approved the Conditional Use Permit 99-53 on July 12, 2000. On Nov 27, 2000, the City Council approved the related Industrial Specific Plan Amendment 99-05 to allow the land use on Haven Avenue. The applicant's establishment will be part of a larger 174,238 square foot project site, which will include a 2,950 square foot convenience store and a self-serve gasoline station. The convenience store will sell a variety food and beverages, magazines, and a limited selection of prepared foods. Alcoholic beverage sales are projected to make up 10 to 15 percent of total sales. The convenience store will be open 24 hours per day, 7 days per week. B. Requirements from Department of Alcohol Beveraqe Control: The Department of Alcohol Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to population of the census tract. According to ABC staff, the off-sale and on-sale licenses in this census tract (0021) total 22. Census tract 0021 is generally CITY COUNCIL STAFF REPORT DRC2005-00642 - 7 ELEVEN, INC September 7, 2005 Page 2 south of Foothill Boulevard, west of 1-15 freeway (see Exhibit B). This is 5 over the limit of the 17 licenses and thus necessitates a finding of Public Convenience or Necessity (PCN). Additionally, ABC staff stated that a finding of PCN is required by the local agency (as governed by Section 23958 of the Business and Professional Code), because of a moratorium on all new ABC licenses within San Bernardino County. The legislation purposely left the term PCN undefined so that the local legislative body, in this case the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances. C. Facts To Support A Public Convenience And Necessity Determination: The following are facts to support the requested Public Convenience and Necessity. Fact: A convenience store selling general food items along with alcoholic beverages is a common and accepted business. Fact: The site is located at the northwest corner of Haven Avenue and Sixth Street; Haven Avenue is designated as a major thoroughfare, and the site is suited for this type of business. Fact: The census tract in which the site is located (0021) also includes the Ontario Mills shopping center in the City of Ontario, which has a large number of restaurants with alcohol licenses. The Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district. Fact: The site is not close to sensitive users such as day care facilities, schools, and/or churches. Fact: Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of alcoholic beverages to the selection of general food items provided by the market. CONCLUSION: Based on the above analysis, staff finds that the off-sale beer and wine (Type 2_0~ ~ite~JPh~ have a negative impact to the surrounding uses. Dan Coleman Acting City Planner BB:TV/ge Attachments: Exhibit A - Site Plan Exhibit B - Census Map Exhibit C - ABC Application Work Sheet Exhibit D - Census Tract 0021 Alcohol License Survey Draft Resolution of Approval for Public Convenience and Necessity DRC2005-00642 · Combe ~ A~eldteets R~ho Pacffic ................................................................ Develop~nt Corporation ; ~t~ ~e ~ ~ Site Plan PUBLIC CONVENIENCE AND NECESSITY m DRC2005-00642 000807 002008 00080~ Project location ~ NWC 6th Street and "' · Haven Avenue · 002204 001 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL j~ Riverside District Office 3737 Main Street, Suite 900 Riverside, CA 92501 (951) 782-4400 April 29, 2005 Alcoholic Beverage Consulting Service 41715 Enterprise Circle N Ste 208 Temecula, CA 92590 RE: Pending License# 20-4425374-Sixth St & Haven Ave NWC, Rancho Cucamonga Dear Applicant: I need the following information and/or documents to complete my investigation on the above referred application: '~1. ABC-293 Affidavit of Posting. ~2. ABC-207 E&F Declaration of Service by mail to residents within 500 feet. "-, 3. ABC-203 sign and retum acknowledging receipt of Drug paraphernalia information. "- 4. Sign and return enclosed Gas/Alcohol Acknowledgment. --- 5. Proof of Publication. ~ 6. Letter of Public Convenience or Necessity fi.om city of Rancho Cucamonga. ~ 7. ABC-226 signed by escrow officer. Failure to submit the above information will delay your request and can possibly lead to a denial. Please submit the above information as soon as possible to avoid any delays or denials. If you have any questions you can contact me at 951-782-4442. '~el.y'~ ~ /1~ Lori Tolle Investigator Cc: 7 Eleven Inc EXHIBIT C ' PREMISES ADDRESS:' LICENSE T]'P~' 'I. CRIME REPORTL.NG DISTRICT Jurisdic:ion unable :o pr ica/data. Reporting Dis~ric::.., Total number of :eFor::ng dLtri,.,.,.~ ~"' / Total number of offenses: / .... . Average number of offans/~per 129~- of average nur",/,~er of Total offensesses :/r~is,:rk::: ~is,.'rk:: . "CaNaLS TRACT/UNDUE CONCE:X,TfLATION Population:., ~County Ratio Number of licenses allowed: I --'1 Number of existing licenses: Z Z. Ui~dt:e concentra:~on ex,'st~\'o. ' EXHIBIT D ' 07-26-05 CENSU9 TRACT INFOMATION BY CENSUS TRACT WITH ADDRE88 PAGF~ 1 08:15 AM WHERI~ COUNTY IS ~-SAN BERNARDINO AND CENSUS TRACT 18 0021. Ce~_ ~ Lioense Licensee Traot Type~ Status Num F~ml~ 0021. 20 ACT 396593 ANILCO INC 790 N ARCHIBALD, ONTARIO CA 91764 0021. 47 ACT 220980 EL TORITO RESTAURANTS INC 3680 INLAND EMPIRE BLVD, ONTARIO CA 91764 0021. 47 ACT 225562 ARG Eh i r.r~RI~ES INC 3640 PORSCHE WAY, ONTARIO CA 91764 0021, 47 ACT 391455 CRABBY BOBS FRANC~SE CORP 3660 PORSCHE WY. ONTARIO CA 91764 0021. 47 ACT 410773 INTERSTATE MANAGEMENT COMPANY LLC 700 N HAVEN AVE, ONTARIO CA 91764 0021. 47 ACT 340038 INNSUITES HOTELS INC 3400 SHELBY ST, ONTARIO CA 91764 0021. 48 FEI~D 427796 RJOREA FLEXEE LYNN 750 N ARCHIBALD AVE B, ONTARIO CA 91764 0021. 48 ACT 256121 MCDONALD STANLEY LLOYD 750 N ARCHIBALD AVE B, ONTARIO CA 91764 0021. 41 ACT 420520 ARMNE PAF~ CORFORA~DN 790 N ARCHIBALD STE B, ONTARIO CA 91764 0021. 47 ACT 323121 DAVE & BUSTERS INC 4821 MILLS ClR, ONTARIO CA 91764 0021. 41 ACT 324102 HO~ MARRIOTT SERVICES USA INC ONE MILLS CIRCLE STE Fl, ONTARIO CA 91764 0021. 41 ACT 324199 HOS'F MARRK:)TT SERVICES USA INC ONE MILL~ CIRCLE STE Fll & F12, ONTARIO CA 91764 0021. 41 ACT 326201 SPECIHUM APPf. E INC 4360 MILL CIR, ONTARIO CA 91764 0021. 47 ACT 376666 MARKET BROILER ONTARIO LLC 4557 MILLS CIRCLE, ONTARIO CA 91764 0021. 41 ACT 327007 HOST MARRIOTT -~--RVICE$ USA INC ONE MILLS CIRCLE STE F6, ONTARIO CA 91764 0021. 41 ACT 327010 ' HOST ~ 8ERV1CES USAINC ONE MILLS CIRCLE STE FS, ONTARIO CA 91764 0021. 47 ACT 412565 COLIN I I=HPO!NTE FF_STAURANT GROUP LLC 960 ONTARIO MILLS DR, ONTARIO CA 91764 0021, 47 ACT 350392 WDI INTERNATIONAL INC 3550 PORSCHE WY, ONTARIO CA 91764 0021. 47 ACT 338589 SEGA GAMEWOP~S LLC 1 MILLS CIR 4641, ONTARIO CA 91764 0021. 47 ACT 333875 MILL RING RESTAURANT PARTNERS L~o~-IIP 950 N ONTARIO MILLS DR, ONTARIO CA 91764 0021. 41 ACT 339389 RUBIO8 RESTAURANTS INC 980 N ONTARIO MILLS DR STE A, ONTARIO CA 91764 0021. 20 ACT 335652 CROSSROADS AUTO SERVICE LLC 1090 N ONTARIO MILLS DR, ONTARIO CA 91764 07-26-05 CENSUS TRACT iNFOMATION BY CENSUS TRACT WITH ADDRESS PAGE: 2 08:15 AM WHERE COUNTY IS 38-SAN BERNARDINO AND CENSUS TRACT IS 0021. Cen~t~ License Traot Types Status Num 0021. 41 ~ 403739 ~SI~G~P ~ ~00~10 MILLS DR S~ H, O~ARIO CA 917~ 0021. 47 ~ 338162 ~1~~ 37~ E IN.ND EMPIRE BLVD, ONTARIO CA 91764 0021. 47 ~ 376961 ~F~I~ 4810 MI~8 CIRC~, O~ARIO 0021. 47 A~ 422153 4551 MI~ ClR, O~ARIO CA 917~ 0021. 20 A~ 352811 ~1~ ~21 MI~S CI~, ONT~IO CA 917~ 0021. 70 ~ 356989 ~Y ~S ~10 MI~ L~P ~70 MI~S ClRC~. O~10 CA 917~ 0021. 2t A~ 371428 ~1~ 951 N MI~I~N AVE, ONTARIO CA 917~ 0021. ~ ~ 428648 ~1 ~ARIO MI~S P~ STE A, O~ARIO CA 917~ 0021. 20 A~ 375148 MI~FU~ ~21 O~AR~ MI~S P~ STE A, O~ARIO CA 917~ 0021. 20 A~ 386475 911 N MI~IKEN AVE, O~10 CA 91784 0021. 20 A~ 376960 ~ ~AT~NS I~ ~1 N MI~N A~, O~ARIO CA 917~ 0021. 47 A~ 379534 ~ ~ L~SHIP ~92 ONTARIO MI~ P~, O~tO CA 917~ 0021. 41 ~ 381577 ~51 ONTAR~ MILLS P~ B, O~ARIO CA 917~ 0021. 41 ~ 381980 ~WI~ ~ 725 N MI~I~N AVE, O~10 CA 917~ 0021. 47 ~ 382656 ~Y~BR~ 45~ MI~S CIR, O~ARIO CA 91764 0021. 41 ~ 383589 ~E~ ~23 E MILLS CIR, O~ARIO CA 917~ 0021. · 47 ~ 380636 FOU~ ~ & MI~N AVE S~, O~10 CA 917~ 0021. 41 ~ 395063 RJ~ 4~0 E MI~ ClR 8~ A, ONTARIO CA 917~ 0021. 41 ~ 424158 KlM JAY 730 N ARCHIBA~ AVE A & B, ONTARIO CA 91764 0021. 47 ~B 410479 TO~O W~O ~ E O~ARIO MI~S P~, O~ARIO CA 91764 0021. 41 47 ~ 412174 B& F LLO ~95 E CO.OURS ~ D & E. ONTARIO CA 917~ 0021. 41 A~ 413284 951 N HA~N AVE C, ONTARIO CA 91764 07-28-05 CENSUS TRACT INFO~ATiON BY CENSUS TRACT WITH ADDRESS PAOE: 8 08:15 AM WHERE COUNTY I~ 36-8AN BERNARDINO AND CENSUS TRACT IS 0021. Census Ucen~e Licensee Tract Type~ Status Hum Pmmlm~ 0021. 47 ACT 94 C & C ORGANIZATION THE 8689 NINTH ST, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 384227 WANIS BASSAM 8847 ARCHIBALD AVE, RANCHO CUCAMONGA CA 91730 0021. 20 PESO 428709 DY VANNAC 8809 N GROVE AVE, RANCHO CUGAMONGA CA 91730 0021, 48 ACT 422858 WRIGHT PETER A] I · 8108 SAN BERNARDINO RD, RANCHO CUCAMONGA CA 91730 0021. 52 ACT 150777 VF~V POST 8680 8751 INDUSTRIAL LN, RANCHO CUCAMONGA CA 91730 0021. 21 ACT 176035 ~ SI:~NUCH P 10080 ARROW I'"NVY, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 351021 ,S h'=t=R N $1 t=~N ~ INC 8348 ARCHIBALD, RANCHO CUCAMONGA CA 91730 0021. 21 ACT 343852 SAMOUH JAMIL 8114 ARROW HWY, RANCHO CUCAMONGA CA 91730 0021· 21 ACT 428315 FLORES ARTURO I.NV~ERTO JR 8939 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 220704 UM IKE KYO 10120 25TH ST, RANCHO CUCAMONGA CA 91730 0021. 21 ACT 371440 OAYAL SUKET 9755 ARROW HWY A-C, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 420777 K]M DEBORAH SONG 10970 ARROW RTE; 101, RANCHO CUCAMONGA CA 91730 · 0021. 41 ACT 391976 MR WOK ~ CU~ Il,lC 10877 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 R85 236704 HORTA LUIS A 9223 ARCHIBALD AVE H, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 390331 EXXONMOBII. OIL CORPORATION 8514 VINE'YARD AVE, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 397023 r Cr~ANI:)ES BRIAN SIMON 9640 CENTER AVE STE 150, RANCHO CUCAMONGA CA 91730 0021. 21 ACT 255181 WANI$ GHASSAN 8880 ARCHIBALD AVE A, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 366649 ROBLES JOSERNA 8880 ARCHIBALD AVE STE G, RANCHO CUCAMONGA CA 91730 0021, 41 ACT 322261 CHAVEZ DAVID 10062 ARROW ROUTE, RANCHO CUCAMONGA CA 91730 0021, 41 ACT 278662 ~KO FANG 9028 ARCHIBALD AVE, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 397991 VAI ~ FY CONCESSIONS INC 8408 ROCHESTER AVE, RANCHO CUCAMONGA CA 91730 07-26-06 CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRE~ PAGE: 4 08:15 AM WHERE COUNTY IS 36-SAN BERNARDINO AND CENSUS TRACT I$ 0021. Ce,,,-~ License Hsensee Tract 'rype~ Status Num Pmmlsse 0021. 20 ACT 281881 SHEHADEH JAMAL 188A 8694 ARROW HWY, RANCHO CUCAMONGA CA 91730 0021. 41 AC~' 424022 PAKZAT AHMAD 9616 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 410926 OAK CREEK RANCH GOLF CLUB INC 11015 SIXTH ST, RANCHO CUCAMONGA CA 81730 0021. 47 ACT 411833 GOU F~V~-T SYSTEM8 OF CAUFORNIA INC 10709 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 386468 BP WEST COAST PRODUCTS LLC 11768 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 327748 SWH COFPORATION 10909 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 20 ~ 428109 BUCHAKJIAN JOHN 8118 MAS1 DR, RANCHO CUCAMONGA CA 91731 0021. 20 ACT 313713 ETEMADIAN AU A 8118 MASI DR, RANCHO CUCAMONGA CA 91731 0021. 41 47 ACT 367819 DELAPIEDRA ALMA V 11815 FOOTHILL BLVD UT E, RANCHO CUCAMONGA CA 91730 0021. 75 ACT 412076 MCCARTHY M]CI'L~'L JOHN 11837 FOOTHILL BLVD, RANCHO CUCAMONQA CA 91730 0021. 20 PEM~) 428004 ENN GEE CORPORATION 10075 ARROW RTE, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 383885 ABSCO ENTEF~F~.~E INC 10075 ARROW RTE, RANCHO CUCAMONGA CA 91730 0021. 21 ACT 328590 ZAYER EVELYN EUAS 11897 FOOTHILL BLVD D, RANCHO CUCAMONGA CA 61730 0021. 47 ACT 422126 ABSO~Y FrAUAN RANCHO CUCAMONGA INC 8153 ASPEN AVE, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 409178 UMPAC8 U_C 11849 FOOTHILL BLVD UNIT A, RANCHO CUCAMONGA CA 91730 0021. 47 R65 389178 B; ~ ~851MO PIZZA & PASTA INC 11849 FOOTHILL Bi. VD UNIT A, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 375884 WABI SABI JAPANESE RESTAURANT LLC 11837 FOOTHILL BLVD B, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 380842 CHIPOTLE MEXICAN GRILL INC 10811 FOOTHILL BLVD, RANCHO CUCAMONGA CA 01730 0021. 47 ACT 390683 ISI.ANDS RANCHO (~JCNVlONGA LLC 11425 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 396208 ~ R(~vEO 9626 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 425091 LEYVA LUI$ ENRIQUE 9339 FOOTHILL BLVD UT 1, RANCHO CUCAMONGA CA 91730 07-26-05 CENSUS TRACT INFOMATION BY CENSUS TRACT WITH ADDRESS PAGE: 5 08:15 AM WHERE COUNTY IS 36-$AN BERNARDINO AND CENSUS TRACT 18 0021. Census Llusnes Uesn~es Tract Types States Num Premises 0021. 41 ACT 402069 PA~< SUN YOUNG 9319 FOOTHILL BLVI:) E, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 402088 SHAAI~-I GLOBAL GROUP INC 11669 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 406433 ALCHEHAYED ~ 9465 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 401571 PE] WEI AS,V~I DINER INC 8220 HAVEN AVE STE 100, RANCHO CUCAMONGA CA 91730 0021. 47 PEM~ 404913 UM C;'-[N'~I VVHE 11260 FOURTH ST, RANCHO CUCAMONGA CA 91761 0021. 41 ~ 409174 PASTA POMODORO INC ' 8220 HAVEN AVE STE 101, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 409581 GN RBPtZT.,A lNG 10455 FOOTHILL BLVD u I ~ B, RANCHO CUCAMONGA CA 91730 0021. 41 ACT 411185 RE EN¥ i~lt"l"~SES INC 8140 RAVEN AVE STE 101, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 412408 CHEVRON ST^TIONS INC 8801 FOOTHILL BLVD, RANCHO CUCAMONGA CA 91730 0021. 47 ACT 412522 BJS RESTAURANTS INC 11520 FOURTH ST, RANCHO CUCAMONGA CA 91730 0021. 20 ACT 417315 SEAR~ GRAND LLC 8250 DAY CREEK BLVD. RANCHO CUCAMONGA CA 91730 0021. 47 ACT 418635 SUNSET WINGS L-PSHIP 8188 DAY CREEK BLVD 140, RANCHO CUCAMONGA CA 91739 0021. 41 PE~) 419880 JOSE8 ~ FOOD iNC 11226 FOURTH ST, RANCHO CUCAMONGA CA 91730 0021. 21 PI~D 418502 LEE ~=ONG JIN 9849 FOOTHILL $LVD M, RANCHO CUCAMONGA CA 91730 0021, 20 ~ 425374 7 F[FVEN INC SIX'tH ST & HAVEN AVE NWC, RANCHO CUCN~ONGA CA 91730 0021. 70 ~ 427923 H W H~AGE II~N OF RANCHO CUCAMONGA INC 11433 MISSION VISTA DR, RANCHO CUCAMONGA CA 91730 0021. 41 I={~E) 428331 Ei'v~'ER0;~ KTI'QflEN 9319 FOOTHILL BLVD Ao RANCHO CUCAMONGA CA 91730 52. R SOLUT,ON 0.06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT, LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND SIXTH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF; APN: 0209-262-19 AND 20. A, Recitals. 1. 7-Eleven, Inc. filed an application for Public Convenience and Necessity DRC2005-00642, as described in the title of this Resolution, for a Type 20 (off-sale beer and wine) license from the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On the 7th day of September 2005, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, a~d 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 substantial evidence presented to this Council during the above-referenced meeting on September 7, 2005, including written and oral staff reports, this Council hereby specifically finds as follows: a. A convenience store selling general food items along with alcoholic beverages is a common and accepted business; and b. The site is located at the northwest corner of Haven Avenue and Sixth Street; Haven Avenue is designated as a major thoroughfare, and the site is suited for this type of business; and c. The census tract in which the site is located (0021) also includes the Ontario Mills shopping center in the City of Ontario, which has a large number of restaurants with alcohol licenses. The Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district; and CITY COUNCIL RESOLUTION NO. 05- DRC2005-00642 - 7-ELEVEN, INC. September 7, 2005 Page 2 d. The site is not close to sensitive users such as day care facilities, schools, and/or chumhes; and e. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of alcoholic beverages to the selection of general food items provided by the market. 3. Based upon the findings set forth in paragraphs I and 2 above, this Council concludes that the issuance of an off-sale liquor license for 7-Eleven, Inc. will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Council hereby determines that the issuance of an off-sale liquor license for 7-Eleven, Inc. will service the Public Convenience and Necessity. 5. The City Clerk shall certify the adoption of this Resolution. R A N C H O C U C A M O N G A ENGINEERING DE PARTI~EN T Staff Report DATE: September 7, 2005 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY.' Shelley Hayes, Engineering Technician SUBJECT: APPROVAL OF THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NOS. 2 AND STREET LIGHT1NG MAINTENANCE DISTRICT NOS. 1 AND 3 FOR 7066 ETIWANDA AVENUE, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE BETWEEN BASE LINE ROAD AND VICTORIA SUBMITTED BY STEVIE AND CYNTHIA BULLINGTON RECOMMENDATION It is recommended that the City Council adopt the attached resolution, ordering the annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. I and 3. BACKGROUND/ANALYSIS 7066 Etiwanda Avenue, located in the Very Low Residential District (less than 2 dwelling units per acre), has applied for a building permit for a new second dwelling unit. The developer is required to fulfill certain conditions along with the normal processing. As part o£those conditions, the developer is required to have the project annexed into the appropriate lighting and landscape maintenance district. The Consent and Waiver to Annexation forms signed by the developer are on file in the City Clerk's Office. Respectfully Submitted, COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION William ~ ~ City Engineer WJO:SH:pjb Attachments Vicinity Map BASE LINE 7066 Etiwanda Ave Annexation LMD & SLMD'S RESOLUTION NO. ~} ,5" ~ q7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR 7066 ETIWANDA AVENUE (APN: 1089-071-25) 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 special maintenance district known and designated as Landscape Maintenance District No. 2 Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 3 (referred to collectively as the "Maintenance Distri~cts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Acto of 1972" 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 heating and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to 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 C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true 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. 2 7066 Etiwanda Avenue Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Stevie Joe Bullington and Cynthia Gail Bullington, husband and wife as joint tenants The legal description of the Property is: The real property in the City of Rancho Cucamonga, County of San Bemardino, State of California, described as: The North 121.55 feet of the South 321.55 feet of the East 200 feet of Lot 8, Block "J," Etiwanda Colony, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as per map recorded in Book 2, Page 24 of Maps, in the office of the County Recorder of said County. APg: 1089-071-25 The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereofi A-1 7066 Etiwanda Avenue Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY). Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the Victoria Planned Community. These sites are associated with areas within Victoria and as such any benefit derived from the landscape installation can bc directly attributed to those parcels within that community. Because of this, assessments required for this district are charged to those parcels within that planned community. Thc sites maintained by the district consist of parkways, median islands, street trees, pascos, community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park, Victoria Groves Park, Vintage Park, Windrows Park and Ellena 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 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. 3 (VICTORIA PLANNED COMMUNITY): Street Light Maintenance District No. 3 (SLD #3) is used to fund the maintenance and/or installation of street lights and traffic signals located within the Victoria Planned Community. Generally, this area encompasses the area of the City east of Deer Creek Channel, south of Highland Avenue, north of Base Line Road, and west of Etiwanda Avenue. 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 streetlights on local streets and traffic signals (or a portion thereof) on local streets within the Victoria Planned Community. g-1 7066 Etiwanda Avenue Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 7066 Etiwanda Avenue Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 ............... SLD # 3 ............... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 2 ............ *Existing items installed with original project Assessment Units by District Parcel DU or Acres S 1 S 3 L 2 1 DU 1 I I B-2 7066EtiwandaAvenue ~/ Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY): The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2005/06. Thc following table summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned Community): # of Assessment # of Rate Per Physical Units Assessment Assessment Land Use Ty~e Units Factor Units Unit Revenue Single Parcel 5060 1.00 5060 $422.00 $2,177,520.00 Family Multi- Parcel 124 1.00 124 $422.00 $52,328.00 Family Corem/Ind. Acre 44.18 2.00 88.36 $422.00 $37,287.92 Vacant Acre 337.97 0.25 84.4925 $422.00 $35,655.84 TOTAL $2,302,791.76 The Proposed Annual Assessment against the Property (7066 Etiwanda Avenue) is: 1 Parcel x 1 A.U. Factor x $422.00 Rate Per A.U. = $422.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. 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 Tyne Units Units Factor Units Unit Revenue Single Family Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Multi- Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family 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 (7066 Etiwanda Avenue) is: 1 Parcel x 1 A.U. Factor x $17.77 Rate Per A.U. = $17.77 Annual Assessment C-I 7066 Etiwanda Avenue ~_~ ~ STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY): The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2005/06. The £ollowing table summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned Community): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Twe Units Units Factor Units Unit Revenue Single Family Parcel 5160 1.00 5160 $47.15 $243,294.00 Multi- Family Unit 124 1.00 124 $47.15 $5,846.60 Commercial Acre 44.18 2.00 88.36 $47.15 $4,166.17 Vacant 10.95 2.0 21.90 $47.15 $1,032.59 TOTAL $254,339.36 The Proposed Annual Assessment against the Property (7066 Etiwanda Avenue) is: 1 Parcel x 1 A.U. Factor x $47.15 Rate Per A.U. = $47.15 Annual Assessment C-2 7066 Etiwanda Avenue [~ A C h O C U C A M O N G A ENGINEERING DEPARTMENT StaffR port DATE: September 7, 2005 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECT: APPROVAL OF THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NOS. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR 10253 24TM STREET, LOCATED ON THE SOUTH SIDE OF 24TM STREET EAST OF HERMOSA AVENUE RECOMMENDATION It is recommended that the City Council adopt thc attached resolution, ordering thc annexation Eo Landscape Maintenance District No. 1 and Street Lighting Maintenance Dis~ct Nos. 1 and 2. BACKGROUND/ANALYSIS 10253 24th Street, located on the south side of 24th Street east of Hermosa Avenue in the Low Residential District (2-4 dwelling units per acre), has applied for a building permit for a new single- family residence. The developer is required to fulfill certain conditions along with the normal processing. As part of those conditions, the developer is required to have the project annexed into the appropriate lighting and landscape maintenance district. The Consent and Waiver to Annexation forms signed by the developer are on file in the City Clerk's Office. Respectfully Submitted, COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION William J. O'Neil City Engineer WJO:SH:pjb Attachments Vicinity Map lllllllllll~lltlllllJ~ Ilfllll I Illlllltllltll½ 10253 24th Street Annexation Exhibit RESOLUTION NO. 0 5" 2 ~ g 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 10253 24TM STREET (APN: 0209-112-08) 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 special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Acto of 1972" 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 owners of property within the territory to be annexed; and WHEREAS, notwithstanding the' such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and VvI-IEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to 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 C 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 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. 2 10253 24TH STREET Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: Martin A. Gonzalez, a single man The legal description of the Property is: LOT 17, BLOCK 62 OF THE TOWNSITE OF NORTH CUCAMONGA, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED OF RECORD, 1N THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A- 1 10253 24TH STREET Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD #1) represents 23.63 acres of landscape area, 41.88 acres of parks and 16.66 acres of community trails that arc located at various sites throughout the City. These sites are not considered to bc associated with any one particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do thc City's remaining LMD's. Typically parcels within this district have been annexed upon development Thc various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. Thc 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. 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. 2 (LOCAL STREETS): Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. It has been determined that the facilities in this district benefit this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. B-1 10253 24TH STREET ~l~l~ Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 10253 24th Street Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 ............... SLD # 2 1 ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 1 ......... 1 *Existing items installed with original project Assessment Units by District Parcel DU or Acres S 1 S 2 L 1 1 DU 1 I 1 B-2 I0253 24TH STREET 7b Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Thc rate per assessment unit (A.U.) is $92.21 for thc fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Family Parcel 7699 1.0 7951 $92.2 l $733,161.71 Multi- Family Units 7091 0.5 3570 $92.21 $329,189.70 Comm/Ind. Acre 2 1.0 2 $92.21 $184.42 TOTAL $1,062,535.83 The Proposed Annual Assessment against the Property (10253 24th Street) is: 1 SFR x 1 A.U. Factor x $92.21 Rate Per A.U. = $92.21 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2005/06. 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 Tvoe Units Units Factor Units Unit Revenue Single Family Parcel 21,151 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 (10253 24th Street) is: 1 SFR x 1 A.U. Factor x $17.77 Rate Per A.U. -- $17.77 Annual Assessment C-1 10253 24TH STREET 7/ STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS): The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets): # o£ # o£ Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvoe Units Units Factor Units Unit Revenue Single Family Parcel 6050 1.00 6050 $39.97 $241,818.50 Multi Family Unit 24 1.00 919 $39.97 $36,732.43 Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86 Total $280,073.79 The Proposed Annual Assessment against the Property (10253 24th Street) is: 1 Parcel x 1 A.U. Factor x $39.97 Rate Per A.U. = $39.97 Annual Assessment C-2 10253 24TH STREET R A N C H 0 C U C A M 0 ENG i N E E R I N G D E PAR TI'~l E N T Staff Report DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Betty Miller, Associate Engineer SUBJEC'D: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MAINTENANCE AGREEMENT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227), LOCATED NORTH OF THE EXTENSION OF DAY CREEK BOULEVARD AND WEST OF ETIWANDA AVENUE, SUBMITTED BY JTY INVESTMENT LLC RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions accepting the subject agreements and securities, ordering the annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7, and authorizing the Mayor and the City Clerk to sign said agreements. BACKGROUND/ANALYSIS: Tentative Tracts 16226 and 16227, located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue in the Low Residential Development District were approved by the Planning Commission on July 24, 2002, for the division of 93 and 145 acres into 265 and 367 lots respectively. The Developer, JTY Investment LLC, is submitting an agreement and securities to guarantee the construction of the Rancho Etiwanda Infrastructure off-site improvements in the following amounts: CITY COUNCIL STAFF REPORT TRACT 16226 AND 16227 - JTY INVESTMENT LLC September 7, 2005 Page 2 Faithful Performance Labor and Material North Properly Line Channel $3,631,000 $1,815,500 Day Creek Storm Drain and Basin $1,790,800 $ 895,400 Day Creek Blvd, Etiwanda Ave. $1,136,600 $ 568,300 Tract 16227 collector streets & SD $ 984,400 $ 492,200 Tract 16226 collector streets & SD $1,133,500 $ 566,750 $8,676,300 $4,338,150 A letter of approval has been received from Cucamonga Valley Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Copies of the Agreement and securities are available in the City Clerk's Office. Respectfully submitted, City Engineer WJO:BAM:dlw Attachments ,.4CITY OF NORTH >>> l"= 1000' (~RANCHO CUCAMONGA TITLE: Rancho Etiwanda Estates ENGINEERING DIVISION EXHIBIT: Vicinity Map RESOLUTION NO. i~) 5- ~1~ ~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) WHEREAS, The City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by JTY Investment LLC, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue; and WHEREAS, the installation of such backbone infrastructure improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Tracts 16226-1, 16226-2, 16226, 16227-1, 16227-2 and 16227, the first two of which are scheduled for concurrent approval; and WHEREAS, said improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement all the requirements established as prerequisite to approval of the final map by the City. 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 Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. RESOLUTION NO. ~) 5- 2 5 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MAINTENANCE AGREEMENT AND LICENSE FOR RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) WHEREAS, The City Council of the City of Rancho Cucamonga, California, has for its consideration a Maintenance Agreement by Chin Yurt Yeh Chuang, as owner, for maintenance by the private Homeowners Association of public right-of-way dedicated to the City by Southern California Edison adjacent to the real property specifically described therein, and generally located north of the extension of Day Creek Boulevard and west of Etiwanda Avenue; and WHEREAS, the installation of such improvements, described in said Maintenance Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Tracts 16226-1, 16226-2, 16226, 16227-1, 16227-2 and 16227. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Maintenance Agreement and License 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. The City Engineer is authorized to cause said Maintenance Agreement and License to be recorded. RESOLUTION NO. ~ ~ "~, 5/ 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 RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS '16226 AND 16227) 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 special maintenance district known and designated as Landscape District Maintenance No. 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 RESOLUTION NO. RANCHO ETIWANDA ESTATES INFRASTRUCTURE (TENTATIVE TRACTS 16226 AND 16227) September 7, 2005 Page 2 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 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 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 true 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: CHIN YUN YEH CHUANG, A SINGLE WOMAN The legal description of the Properties are: PARCEL 1: THAT PORTION OF THE NORTH HALF OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, LYING SOUTHERLY AND SOUTHEASTERLY OF THE SOUTHERLY AND SOUTHEASTERLY LINE OF A STRIP OF LAND 330.00 FEET WIDE, LYING 100.00 FEET NORTHERLY AND NORTHWESTERLY AND 230.00 FEET SOUTHERLY AND SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE "SURVEYED REFERENCE LINE" AS DESCRIBED IN PARCEL 2 OF DEED RECORDED JUNE 29, 1973 AS INSTRUMENT NO. 45 IN BOOK 8215, PAGE 61 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING SOUTHERLY AND SOUTHEASTERLY OF A LINE AND ITS EASTERLY PROLONGATION, WHICH IS PARALLEL WITH AND DISTANT 100.00 FEET NORTHERLY AND NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE "SURVEYED REFERENCE LINE" AS DESCRIBED IN PARCEL 1 OF SAID DEED HEREINABOVE DESCRIBED. CONTAINING 153.065 ACRES, MORE OR LESS PARCEL 2: THAT PORTION OF THE NORTH HALF OF SECTION 20, TOWNSHIP I NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF A STRIP OF LAND 330.00 FEET WIDE, LYING 100.00 FEET NORTHERLY AND NORTHWESTERLY AND 230.00 FEET SOUTHERLY AND SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE "SURVEYED REFERENCE LINE" AS DESCRIBED IN PARCEL 2 OF DEED RECORDED JUNE 29, 1973 AS INSTRUMENT NO. 45 IN BOOK 8215, PAGE 61 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED tN DEED RECORDED NOVEMBER 19, 1962 AS INSTRUMENT NO. 198 IN BOOK 5803, PAGE 217 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DEED RECORDED JULY 9, 1963 AS INSTRUMENT NO. 212 IN BOOK 5944, PAGE 443 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. CONTAINING 95.811 ACRES, MORE OR LESS. The above described parcels are shown on sheet A-2 attached herewith and by this reference reade a part hereof. ~ NORTH , 1"= 600' CITY OF ITEM: Tracts 16227~1, 16227 RANCHO CUCAMONGA z-:ex,s,~ L..~.~. ~,~s ENGINEERING DIVISION TITLE: Rancho Etiwanda Estates EXHIBIT: A- ~. Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 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 pamels within that district. Because of this, assessments required for this district are charged to those pamels 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. I (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. 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 ~he 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. Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: Tentative Tracts 16226 and 16227* Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 ............... SLD # 7 48 ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD #7** ............ Assessment Units by District Parcel DU or Acres S 1 S 7 L7 TT16226 265 DU 265 265 265 TT16227 367 DU 367 367 367 632 632 632 632 * All perimeter improvements to be installed with first two of six tracts to develop (Tracts 16227-1 and 16227 scheduled for concurrent approval). Interior streetlights and street trees will not annex to the Work Program as this is a private gated community. Four additional tracts will join all 3 districts as final maps record. ** LMD areas to be annexed to the Work Program at a future date. Exhibit C Proposed Annual Assessment Fiscal Year 2005~2006 LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda): # of Physical Assessment #of Rate Per Units Units Factor Assessment Assessment Land Use Type Units Unit Revenue Single Family Parcel 1572 1.00 1572 $307.05 $482,682.60 Comm/Ind. Acre 5 2.00 10 $307.05 $3,070.50 TOTAL $485,753.10 The Proposed Annual Assessment against the Property (TR 16226) is: 265 Parcels x 1.00 A.U. Factor x $307.05 Rate Per A.U. = $81,368.25 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. '1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Family 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 (TR 16226) is: 265 Parcels x 1.00 A.U. Factor x $17.77 Rate Per A.U. = $4,709.05 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2005/06. 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 16226) is: 265 Parcels x 1.00 A.U. Factor x $33.32 Rate Per A.U. = $8,629.80 Annual Assessment C-2 Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda): # of Physical Assessment # of Rate Per Units Units Factor Assessment Assessment Land Use Type Units Unit Revenue Single Family Parcel 1572 1.00 1572 $307.05 $482,682.60 Comm/Ind. Acre 5 2.00 10 $307.05 $3,070.50 TOTAL $485,753.10 The Proposed Annual Assessment against the Property (TR 16227 is: 367 Parcels x 1.00 A.U. Factor x $307.05 Rate Per A.U. = $112,687.35 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. 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 21,151 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 (TR 16227) is: 367 Parcels x 1.00 A.U. Factor x $17.77 Rate Per A.U. = $6,521.59 Annual Assessment C-3 STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2005/06. 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 16227) is: 367 Parcels x 1.00 A.U. Factor x $33.32 Rate Per A.U. = $12,228.44 Annual Assessment C-4 R ^ ¢ H O ¢ U ¢ ^ M 0 N G ^ I i I ENGINEER[NC DEPARTMENT Staff Report DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Betty Miller, Associate Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 7 FOR TRACT MAP 16227, LOCATED AT THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND ETIWANDA AVENUE, SUBMITTED BY K. HOVNANIAN AT RANCHO ETIWANDA, LLC RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions approving Tract Map 16227, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7, and authorizing the Mayor and the City Clerk to sign said agreement and the City Engineer to cause said map to record. BACKGROUND/ANALYSIS: Tentative Tract 16227 located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue in the Low Residential Development District was approving by the Planning Commission on July 24, 2002, for the division of 145 acres into 367 lots. The Developer, K. Hovnanian at Rancho Etiwanda, LLC, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: $1,251,100.00 Labor and Material Bond $ 625,550.00 Monumentation $ 6,200.00 CITY COUNCIL STAFF REPORT TRACT 16227 - K. HOVNANIAN September 7, 2005 Page 2 A letter of approval has been received from Cucamonga Valley Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Copies of the Agreement and securities are available in the City Clerk's Office. Respectfully submitted, City Engineer WJO:BAM:dlw Attachments T ..~ITY OF NORTH ))) 1"= 1000' ~RANCHO CUCAMONGA ENGINEERING DIVISION TITLE: Rancho Etiwanda Estates EXHIBIT: Vicinity Map RESOLUTIONNO. ~.~'~52. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map 16227, submitted by BCA Development, and consisting of 367 lots located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue, was approved by the Planning Commission of the City of Rancho Cucamonga on July 24, 2002, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map 16227 is the second of three final maps of the division of land approved as shown on the Tentative Tract Map; and WHEREAS, all the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by K. Hovnanian at Rancho Etiwanda, LLC, Inc. as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 16227 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. /~ 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 16227 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 special maintenance district known and designated as Landscape Distdct Maintenance No. 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 pretest 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 previsions 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 RESOLUTION NO. TR 16227 - K. Hovnanian at Rancho Etiwanda, LLC September 7, 2005 Page 2 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 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 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 true 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: K. HOVNANIAN AT RANCHO ETIWANDA, LLC The legal description of the Properties are: TRACT NO. 16227, BEING A SUBDIVISION OF A PORTION OF THE FOLLOWING: THAT PORTION OF THE NORTH HALF OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, LYING SOUTHERLY AND SOUTHEASTERLY OF THE SOUTHERLY AND SOUTHEASTERLY LINE OF A STRIP OF LAND 330.00 FEET WIDE, LYING 100.00 FEET NORTHERLY AND NORTHWESTERLY AND 230.00 FEET SOUTHERLY AND SOUTHEASTERLY, MEASURED AT RIGHT ANGLES,' FROM THE "SURVEYED REFERENCE LINE" AS DESCRIBED IN PARCEL 2 OF DEED RECORDED JUNE 29, 1973 AS INSTRUMENT NO. 45 IN BOOK 8215, PAGE 61 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM .THAT PORTION OF SAID LAND LYING SOUTHERLY AND SOUTHEASTERLY OF A LINE AND ITS EASTERLY PROLONGATION, WHICH IS PARALLEL WITH AND DISTANT 100.00 FEET NORTHERLY AND NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE "SURVEYED REFERENCE LINE" AS DESCRIBED IN PARCEL 1 OF SAID DEED HEREINABOVE DESCRIBED. The above described parcels are shown on Sheet A-2 attached herewith and by this reference made a part hereof. V ACAh7 LADWP PF{O PF.,RTY ~CITY OF ~ NORTH , 1"= 600' ITEM: Tracts 16227-1, 16227 ~NCHO CUCAMONGA ~e~,~.~ t.,~. ~. ~s ENG~E~G DIVISION TITLE: Rancho Etiwanda Estates EXH~IT: A- ~ Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 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 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. 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. Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: TR '16227 No additions beyond Rancho Etiwanda Estates Infrastructure. Assessment Units by District Parcel DU or Acres S 1 S 7 L 1 111 DU 111 111 111 Exhibit C Proposed Annual Assessment Fiscal Year 2005/2005 LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda): # of Assessment # of Rate Per Physical Units Factor Assessment Assessment Land Use Type Units Units Unit Revenue Single Family Parcel 1572 1.00 1572 $307.05 $482,682.60 Comm/Ind. Acm 5 2.00 10 $307.05 $3,070.50 TOTAL $485,753.10 The Proposed Annual Assessment against the Property (TR 16227) is: 111 Parcels x 1.0 A.U. Factor x $307.05 Rate Per A.U. = $34,082.55 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. I (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Pamel 21,151 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 (TR 16227) is: 111 Parcels x 1.0 A.U. Factor x $17.77 Rate Per A.U. = $1,972.47 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA).. The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2005/06. 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 16227) is: 111 Parcels x 1.00 A.U. Factor x $33.32 Rate Per A.U. = $3,698.52 Annual Assessment f~ A N C H O C tJ C A M O N G A ENGINEERING DEPARTMENT SlaffR ort DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Betty Miller, Associate Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 7 FOR TRACT MAP 16227-1, LOCATED ON THE NORTH SIDE OF DAY CREEK BOULEVARD WEST OF ETIWANDA AVENUE, SUBMITTED BY MERITAGE HOMES OF CALIFORNIA, INC. RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions approving Tract Map 16227-1, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7, and authorizing the Mayor and the City Clerk to sign said agreement and the City Engineer to cause said map to record. BACKGROUND/ANALYSIS: Tentative Tract 16227 located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue, in the Low Residential Development District, was approving by the Planning Commission on July 24, 2002, for the division of 145 acres into 367 lots. The Developer, Meritage Homes of California, Inc., is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: $1,383,900.00 Labor and Material Bond $ 691,950.00 Monumentation Cash Deposit $ 9,900.00 CITY COUNCIL STAFF REPORT TRACT 16227-1 - MERITAGE HOMES OF CALIFORNIA, INC. September 7, 2005 Page 2 A letter of approval has been received from Cucamonga Valley Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Copies of the Agreement and securities are available in the City Clerk's Office. Respectfully submitted, City Engineer WJO:BAM:dlw Attachments '~CITY OF  AN~NCHO CUCAMONOA NORTH >>~ ~,,= ~000' INEERING DIVISION TITLE: Rancho Etiwanda Estates EXI-IIBIT: Vicinity Map .ESO.UT.O. ,O. O 5 "/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16227-1, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map 16227, submitted by BCA Development, and consisting of 367 lots located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue, was approved by the Planning Commission of the City of Rancho Cucamonga on July 24, 2002, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map 16227-1 is the first of three final maps of the division of land approved as shown on the Tentative Tract Map; and WHEREAS, all the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Meritage Homes of California, Inc. as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 16227-1 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. ~)5' ~.55 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 16227-1 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 special maintenance district known and designated as Landscape District Maintenance No. 7, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance Distdct 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 RESOLUTION NO. TR 16227-1 - MERITAGE HOMES OF CALIFORNIA, INC. September 7, 2005 Page 2 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 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 XlIID 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 tt~e 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 true 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: MERITAGE HOMES OF CALIFORNIA, INC. The legal description of the Properties are: TRACT NO. 16227-1, BEING A SUBDIVISION OF A PORTION OF THE FOLLOWING: THAT PORTION OF THE NORTH HALF OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, LYING SOUTHERLY AND SOUTHEASTERLY OF THE SOUTHERLY AND SOUTHEASTERLY LINE OF A STRIP OF LAND 330.00 FEET WIDE, LYING 100.00 FEET NORTHERLY AND NORTHWESTERLY AND 230.00 FEET SOUTHERLY AND SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE "SURVEYED REFERENCE LINE" AS DESCRIBED IN PARCEL 2 OF DEED RECORDED JUNE 29, 1973 AS INSTRUMENT NO. 45 IN BOOK 8215, PAGE 61 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING SOUTHERLY AND SOUTHEASTERLY OF A LINE AND ITS EASTERLY PROLONGATION, WHICH IS PARALLEL WITH AND DISTANT 100.00 FEET NORTHERLY AND NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE "SURVEYED REFERENCE LINE" AS DESCRIBED IN PARCEL 1 OF SAID DEED HEREINABOVE DESCRIBED. The above described parcels are shown on Sheet A-2 attached herewith and by this reference made a part hereof. ^-1 ~ITY O~ ~o~ , ~"~ ~oo' ~NCHO CUCAMONGA ~ C~s~e~ t. ~. ~. E~ S ITEM: Tracts 16227-1, 16227 ENG~E~G DIVISION T~LE: R~cho Etiw~da Estates EXH~IT: A- Z Exhibit B To Description of the District Improvements Fiscal Year 2005~2006 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. I (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. 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. Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: TR 16227-1 No additions beyond Rancho Etiwanda Estates Infrastructure. Assessment Units by District Parcel DU or Acres S 1 S 7 L 1 145 DU 145 145 145 Exhibit C Proposed Annual Assessment Fiscal Year 200512006 LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $307.05 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda): # of Physical Assessment # of Rate Per Units Units Factor Assessment Assessment Land Use Type Units Unit Revenue Single Family Parcel 1572 1.00 1572 $307.05 $482,682.60 Comm/Ind. Acre 5 2.00 10 $307.05 $3=070.50 TOTAL $485,753.10 The Proposed Annual Assessment against the Property (TR 16227-1) is: 145 Parcels x 1.0 A.U. Factor x $307.05 Rate Per A.U. = $44,522.25 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. I (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. I (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 21,151 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 Properly TR 16227-1) is: 145 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $2,576.65 Annual Assessment o-1 ~lb STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2005/06. 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 Pamel 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 16227-1) is: 145 Parcels x 1.0 A.U. Factor x $33.32 Rate Per A.U. = $4,831.40 Annual Assessment c-2 I1! T H C I T Y 0 F I ] I~AN C H 0 C U CA Yi 0 N C.A Staff Report DATE: September 7, 2005 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Lynda L. Thompson, Assistant Redevelopment Analyst SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO CITY OF RANCHO CUCAMONGA, RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND THE RANCHO CUCAMONGA CHAMBER OF COMMERCE AGREEMENT FOR A PLAN OF COOPERATIVE ACTION FOR ECONOMIC DEVELOPMENT RECOMMENDATION Approval of Amendment No. 3 to City of Rancho Cucamonga, Rancho Cucamonga Redevelopment Agency and the Rancho Cucamonga Chamber of Commerce Agreement For A Plan of Cooperative Action For Economic Development. BACKGROUND In June 1999 the City and Agency approved a revised Plan of Cooperative Action for Economic Development with the Chamber of Commerce for FY 1999/00. As part of the Agreement, the Chamber acts as a contractor to the City and Agency by providing several services and products in furtherance of the economic development goals of the community. In August 2000, the City and Agency approved an Amendment No. 1 to the Agreement to expand the Scope of Services and Responsibilities to include the biannual production of a City Street Map and establish the City's and Agency's increase in contribution to the Chamber as established in the Agreement. In June 2004, the City and Agency approved an Amendment No. 2 to the Agreement to reduce the amount of consideration provided for general economic development Page 2 September 7, 2005 Staff Report - Plan of Cooperative Action Amendment No. 3 services, due to the State budget crisis and the resulting constraints placed on the City's budget. ANALYSIS Due to the recent decision to eliminate the Agency's booth presence at the ICSC Trade Show at the Spring Convention in Las Vegas, Chamber participation in the booth at this event is no longer required. Staff recommendation is to eliminate the requirement for ICSC Economic Development Services and apply the amount of consideration for these services, currently $2,500 annually, towards General Economic Development Services. The Scope of Services for General Economic Development Services has been expanded to include promotion of tourism opportunities in the community and Chamber participation and support at local and/or regional trade shows determined by the Chamber to be of economic value to the city and/or region. Also, the City is able to reinstate the funding that was reduced in June 2004 for General Economic Development Services. The budget for FY 05/06 already includes an appropriation for the City. This item also appears on the Redevelopment Agency agenda. Respectfully Submitted, Redevelopment Director A N C H O C U C A M O N G A ~ ENGI~NEERING DEPARTMENT StaffR ort DATE: September 7, 2005 TO' Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry Dyer, Senior Civil Engineer Richard Oaxaca, Engineering Technician ~_~ SUBJECT: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $153,781.00 TO THE APPARENT LOW BIDDER, CS LEGACY CONSTRUCTION, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $15,378.10 FOR THE VICTORIA GARDENS LANE MEDIAN ISLAND ROCKSCAPE IMPROVEMENTS FROM DAY CREEK BOULEVARD TO CHURCH STREET, TO BE FUNDED FROM CFD 2003-01 FUNDS, ACCOUNT NO. 16143035650/1442614- 0 AND APPROPRIATE $169,159.10 (CONTRACT AWARD OF $153,781.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $15,378.10) TO ACCOUNT NO. 16143035650/1442614-0 FROM CFD 2003-01 FUND BALANCE RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $153,781.00 to the apparent Iow bidder, CS Legacy Construction, Inc., and authorize the expenditure of a 10% contingency in the amount of $15,378.10, for the Victoria Gardens Lane Median Island Rockscape Improvements from Day Creek Boulevard to Church Street, to be funded from CFD 2003-01 funds, Account No. 16143035650/1442614-0 and appropriate $169,159.10 (Contract award of $153,781.00 plus 10% contingency in the amount of $15,378.10) to Account No. 16143035650/1442614-0 from CFD 2003- 01 fund balance. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on August 2, 2005, for the subject project. The Engineer's estimate was $200,425.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. CITY COUNCIL STAFF REPORT Re: Accept Bids Received and Award to CS Legacy Construction, Inc. - Victoria Gardens Lane Median Island Rockscape Improvements September 7, 2005 Page 2 The construction of this project is to install cobble hardscape in the Victoria Gardens Lane median islands and in the irregularly shaped island on Monet Avenue, just north of Foothill Boulevard. The contract documents call for twenty-five (25) working days to complete this construction. This will be the last construction project to be awarded for Community Facilities District 2003-01. Respectfully submitted, William J. O'Neil City Engineer WJO:JD/RO:Is Attachment 115 BID SUMMARY FOR BID OPENING AUGUST 2, 2005 /IPPARENT LOW BIDDER Victoria Gardens Lane Median Island Rockscape Improvements from ENGINEERS COST Day Creek Boulevard to Church Street ESTIMATE CS Legacy, Inc. Belaire West Landscape, Inc. UNIT [ UNITI UNIT] NO QTY UNIT DESCRIPTION COST i AMOUNT COST AMOUNT COST AMOUNT 1. LS Clearing & Grubbing/Mobilization $4,400.00! $4,400.00 $30,670.00 $30,670.00 $1,000.001 $1,000.00 2. 15300 SF CobbleHardscape $12.501 $191,250.001 $7.22 $110,466.00 $9.751 $149,175.00 3. 15 EA Y Diameter Boulder $125.00 $1,875.013 $243.00 $3,645.00 $100.001 $1,500.013 4. 19 EA 2' Diameter Boulder $100.00 $1,900.00 $200.00 $3,800.00 $75.00 $1,425.013 5. 1 LS Traffic Control $1,000.001 $1,000.00 $5,200.00 $5,200.00 $1,000.00 $1,000.00 [ TOTAL $200,425.00 I $153,781.00 $154,100.00 BID SUMMARY FOR BID OPENING AUGUST 2, 2005 Victoria Gardens Lane Median Island Rockscape Improvements from Day Creek Boulevard to Church Street America West Landscape, Inc. Mega Way Enterprises UNIT BID CORRECTED UNIT 1~'O QTY UNIT DESCRIPTION COST AMOUNT AMOUNT AMOUNT COST 1. 1 LS Clearing&Grubbing/Mobilization $30,572.60 $30,572.601 $30,572.60 $15,000.00 $15,000.013 2. 15300 SF CobbleHardscape $7.62 $116,573.461 $116,586.00 $10.00 $153,000.013 3. 15 EA Y Diameter Boulder $273.371 $4,100.57[ $4,100.55 $175.001 $2,625.00 4. 19 EA 2' Diameter Boulder $273.37 $5,194.05 $5,194.03 $150.001 $2,850.00 5. LS Traffic Control $14,150.13 $14,150.13 $14,150.13 $3,000.001 $3,000.00 TOTAL i $170,590.81 $170,603.31 $18,335.00 $176,475.00 Page 1 BID SUMMARY FOR BID OPENING AUGUST 2, 2005 Victoria Gardens Lane Median Island Rockscape Improvements from Environmental Construction Da ~ Creek Boulevard to Church Street Gentry Brothers, Inc. Inc. UNIT UNIT NO QT¥ UNIT DESCRIPTION COST AMOUNT COST AMOUNT 1. 1 LS Clearing&Grabbing/Mobilization $20,000.00[ $20,000.00 $51,875.00i $51,875.00 2. 15301 SF CobbleHardscape $12.00 $183,600.00 $20.001 $306,000.00 3. 15 EA 3' Diameter Boulder $500.00 $7,500.00 $280.001 $4,200.00 4. 19 EA 2' Diameter Boulder $450.00 $8,550.00 $70.00[ $1,330.00 5. 1 LS Traffic Control $5,000.00 $5,000.00 $10,000.00[ $10,000.00 TOTAL [ $224-,650.00 15373,405.00 Page 2 ' HIC4#.AND AVENUE V~OI~PARKU~E ,PROJECT/ ~ LOCATION' ~,~ CITY OF. RANCHO i iCUCAMONGA VICTORIA GARDENS LANE MEDIAN ISLAND ROCKSCAPE IMPROVEMENTS T H E C I T Y 0 F r ] I~AN CH 0 C U CA H 0 N GA Staff Report' DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jon Gillespie, Traffic Engineer SUBJECT: APPROVAL OF A RESOLUTION AND A COOPERATIVE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE IMPROVEMENT OF THE NORTHBOUND 1-15 FREEWAY OFF-RAMP AT FOOTHILL BOULEVARD RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving the Cooperative Agreement between the City and the State of California, and authorizing the City Clerk to attest, and the Mayor to sign the agreement, for the improvement of the northbound 1-15 Freeway off-ramp at Foothill Boulevard. BACKGROUND/ANALYSIS: Traffic congestion regularly occurs during the AM and PM peak traffic periods at the Foothill Boulevard and 1-15 Freeway Interchange. New residential and commercial development, including the new Victoria Gardens shopping mall, continue to add traffic to this already congested interchange. Caltrans District 8 staff has designed a project to construct a 400 meter (1312 ft) long deceleration lane along the freeway mainline, and to widen the northbound off-ramp from one to two lanes. This project was designed by Caltrans staff, and Caltrans staff will provide all construction management and inspection needed for this project. The total estimated cost of this project is $1,425,000. However, Caltrans does not have enough funds available to construct this project entirely using only their own funds, so they have requested financial assistance from the City in the amount of $675,000. Caltrans has $750,000 that they can contribute towards the cost of this project. In the opinion of City staff, this project will directly benefit the City of Rancho Cucamonga, and therefore, we recommend that the City Council support this project by participating in the project cost. If the City should decide to not participate in the funding of this project, the $750,000 in Caltrans funds will go back into the State's General Transportation Fund, and the project will be abandoned. /R Page 2 September 7, 2005 APPROVAL OF A RESOLUTION AND A COOPERATIVE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE IMPROVEMENT OF THE NORTHBOUND 1-15 FREEWAY OFF-RAMP AT FOOTHILL BOULEVARD The $675,000 represents the City's entire participation in the cost of this project. The City is not responsible to participate in the cost of any change orders if the total project cost should exceed $1,425,000. Caltrans has programmed their funds for use in the 2006/2007 fiscal year. Construction of this project is scheduled to begin in January of 2007. Therefore, the City funds will not need to be budgeted until the 2006/2007 fiscal year. Caltrans staff has agreed that construction will not take place during the months of November or December. It is estimated that it will require 6 months to complete the construction of this project. The approval of a resolution, and the execution of a Cooperative Agreement with the State of California is necessary in order for the project to be constructed. The resolution and Cooperative Agreement were reviewed by and are acceptable to the City Attorney. Respectfully submitted, J. O'Neil City Engineer Attachments: Vicinity Map Resolution Cooperative Agreement _ _,~, , .~_-~_~., , =, ,~. , ~ .... - .... I , -I I / - _~,z , ~-~ ;,, ,~ ~ ~-~ .... ~~ , ,/ - /~ ~;~ ~111~ / -- ~-- ' ~1 /,/'-'/ I' ~LU~b : ~ ~ ~ ~ : ./ ' ~' - .... = ...... ~W~ ~ ~~" .2~'/ ~ I ¢,¢/.~// ~' ,--~ , I I ' :~5;r~ Hroject , // )~:~ / Locabon ~' ~ )::;? /, -- i /,,; / / ....... , // ...... ~:~ .......... , ............ .~.= ........................... ~ ....... / Vicinity Map RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Cooperative Agreement between the City of Rancho Cucamonga and the State of California for the improvement of the Northbound 1-15 Freeway off-ramp at Foothill Boulevard; and WHEREAS, the City Council has determined that the project will benefit traffic circulation in the City of Rancho Cucamonga; and WHEREAS, a Cooperative Agreement needs to be executed Agreement between the City of Rancho Cucamonga and the State of California in order for the project to be constructed; and WHEREAS, the City Council wishes to delegate authorization to execute this agreement and any amendments thereto to the Mayor. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said Cooperative Agreement be hereby approved, and the Mayor is hereby authorized to sign said Cooperative Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. R A N C H O C U C A M O N G A ~NGIN ~ I~ING D~ Pfll~TMgNT Staff Report DATE: September 7, 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 AGREEMENT EXTENSION FOR TRACT 16454, LOCATED AT THE SOUTHEAST CORNER OF BASE LINE ROAD AND ETIWANDA AVENUE, SUBMH ~P__u BY KB HOME GREATER LOS ANGELES INC. RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUNDIANALYSlS Improvement Agreement and Improvement Secudty to guarantee the construction of the public improvements for Tract 16454 were approved by the City Council on August 4, 2004, in the following amounts: Faithful Performance Bond: $3,208,700.00 Labor and Material Bond: $1,604,350.00 Monumentation Cash Deposit $ 8,250.00 The improvements have been hampered by the delay in the acquisition of the right-of-way. The developer, KB Home Greater Los Angeles Inc., is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectively submitted, William J. O'Neil City Engineer WJO:TCH Attachments VI¢IN/ T Y MA NOT 7'0 SCALE RESOLUTION NO. ~) ~" '~ "~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16454 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on September 7, 2005, by KB Home Greater Los Angeles inc., as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at the southeast corner of Base Line Road and Etiwanda Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 16454; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Secudty be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. August 5, 2005 Mr. Dan James, Senior Civil Engineer Engineering Division City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Extension of Improvement Agreement for Tract 16454 Dear Mr. James: KB Home requests an extension of the Improvement Agreement for Tract 16454. The request is necessary in order to complete the remaining offsite improvements including the completion the Base Line Road improvements which has been hampered by the delay in the acquisition of the right of way. Aisc, the last phases of homes are still under construction so the R & R work and the street capping can not be completed until the construction of these homes is closer to completion. Thank you for your consideration in this matter. If you have any questions, please contact me at (909) 618-1449. Sincerely yours, ~ KB HOME G~ j~a~ C'~kroft ~, Senior Project Manager KB HOME INLAND VALLEY 801 CORPORATE CENTER DR SUITE 201 POMONA,CA 91768 TEL 909 802 ]]00 FAX 909 802 1111 KBHOME,COM R 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 Staff:Report DATE: September 7, 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 PM 15665, LOCATED AT 6TM STREET AND SANTA ANITA AVENUE, SUBMITTED BY PARAGON SANTA ANITA, LLC RECOMMENDATION: The required improvements for PM 15665 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 PM 15665, located at 6~h Street and Santa Anita 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: Paragon Santa Anita, LLC Release: Faithful Performance Bond #2123890 $1,264,200.00 (Bond No.) Accept: Maintenance Bond #2123890A $ 126,420.00 (Bond No.) Respectfully submitted, William O. O'Neil City Engineer WJO:TCH Attachment(s) ~ _ SITE CITY OF /~,ANCHO CUCAMONGA I~~G DIVISION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 15665 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for PM 15665 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 E R I N O DE P A R T M E N ~ Staff Report DATE: September 7, 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 PM 16118, LOCATED ON THE EASTSlDE OF CHARLES SMITH AVENUE AND SOUTH OF SAN MARINO DRIVE, SUBMITTED BY RSCS, LLC RECOMMENDATION: The required improvements for PM 16118 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 PM 16118, located on the eastside of Charles Smith Avenue and south of San Marino Drive, 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: RSCS, LLC Release: Faithful Performance Bond #SU 5010768 $97,600.00 (Bond No.) Accept: Maintenance Bond #SU 5010768-A $ 9,760.00 (Bond No.) Respectfully submitted, William J. O'Neil City Engineer WJO:TCH Attachment(s) VICINITY MAP NOT TO SCALE City of Item: Parcel Map No. 16111~ Rancho Cucamonga Title: VICINITY MAP ENGINEERING EXHIBIT: DIVISION RESOLUTION NO. i~ ~" .~' ~'~¢ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM 16118 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for PM 16118 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. I~ A'N H O C U C A M O N G A E N O I N E E R I N O D EPA R TM E N T Staff Report DATE: September 7, 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 TRACT 16237 LOCATED ON THE SOUTH SIDE OF WILSON AVENUE, APPROXIMATELY 200 FEET WEST OF HAVEN AVENUE, SUBMITTED BY STONEBRIDGE RANCHO CUCAMONGA, LLC RECOMMENDATION: The required improvements for Tract 16237 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 Tract 16237, located on the south side of Wilson Avenue, approximately 200 feet west of Haven Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Per[ormance Bond and accept the Maintenance Bond. Developer: Stonebridge Rancho Cucamonga, LLC Release: Faithful Ped'ormance Bond # SU5001040 $247,000.00 (Bond No.) Accept: Maintenance Bond # SU5001040-A $ 24,700.00 (Bond No.) Respectfully submitted, Wi~O'Neil City Engineer WJO:TCH Attachment(s) _Vicinity Map NOT TO $CAzE CITY OF RANCHO CUCAMONGA Tri~. ,V'I clAI I.-PY 1,1AP ENGINEERING DIVISION EXBIBIT:.. ~.-~ RESOLUTION NO. ~.~'~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16237 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16237 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 Iz N O I N E E R I N G DE PA R T M E N T Staff Report DATE: September 7, 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 SLIBJEOT: ACCEPT STORM DRAIN IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FQR STORM DRAIN IMPROVEMENTS FOR PM 16245 (STORM DRAIN), LOCATED AT THE NORTHWEST CORNER OF 4TH STREET AND MILLIKEN AVENUE, SUBMITTED BY JEFFERSON ON FOURTH, L.P. RECOMMENDATION: The required storm drain improvements for PM 16245 (Storm Drain) have been completed in an acceptable manner, and it is recommended that the City Council accept said storm drain 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 PM 16245 (STORM DRAIN), located at the northwest corner of 4th Street and Milliken Avenue, the applicant was required to complete storm drain improvements. The storm drain improvements have been completed and it is recommended that the City Council release the existing Faithful Performance B6nd and accept the Maintenance Bond. Developer: Jefferson on Fourth, L.P. Release: Faithful Performance Bond # 929320705 $380,800.00 (Bond No.) Accept: Maintenance Bond #929374435 $ 38,080.00 (Bond No.) Respectfully submitted, William J. O'Neil City Engineer WJO:TCH Attachment(s) ARROW ROUTE ' ~ PE OJE ~ LOCATION 4TH ST. INLAND EMPIRE BLVD. ~AN BERNARDINO (10) FREEWAY CITY OF rr~:~ 1ZANCH0 CUCAMONGA Trr~~ ENG]Z~,~G DIVISION RESOLUTION NO. ~,,~"' ,~// A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC STORM DRAIN IMPROVEMENTS FOR PM 16245 (STORM DRAIN) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public storm drain improvements for PM 16245 (Storm Drain) 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 I ~ E B G I N E E R IN O D E P A R T M E N T StaffRe DATE: September 7, 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 TRACT 16615 LOCATED ON THE NORTHWEST CORNER OF LONG MEADOW DRIVE AND VICTORIA PARK LANE, SUBMITTED BY STANDARD PACIFIC/VICTORIA ARBORS, LLC RECOMMENDATION: The required improvements for Tract 16615 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 Tract 16615, located on the northwest comer of Long Meadow Drive and Victoria Park Lane, the applicant was required to complete 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 / Victoria Arbors, LLC Release: Faithful Performance Bond # 6304177 $2,650,100.00 (Bond No.) Accept: Maintenance Bond # 6304177-M $ 265,010.00 (Bond No.) ' i~am J-~OO'~Ne~l/~ (~R''e'~ecffully submitted, City Engineer WJO:TCH Attachment(s) TRACT 16371 LOT 2 LOT A LOT 1 6615 TRACT 16373 TRACT 16615 RESOLUTION NO. A RESOLUTION OF THE CitY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16615 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16615 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 DEPARTHENT SlaffReport DATE: September 7, 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/~/''''' Richard Oaxaca, Engineering Technlc. iin ~d~ SUBJECT: ACCEPT THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT THE INTERSECTION OF VICTORIA STREET AND ETIWANDA AVENUE, CONTRACT NO. 03-133 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 $153,900.00 RECOMMENDATION It is recommended that the City Council accept the Traffic Signal and Safety Lighting at the Intersection of Victoria Street and Etiwanda Avenue, Contract No. 03-133, as complete, 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 $153,900.00 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 $15,390.00, 35 days after acceptance. Also, approve the final contract amount of $153,900.00. 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 Traffic Signal and Safety Lighting at the Intersection of Victoria Street and Etiwanda Avenue scope of work consisted of furnishing and installing of traffic signals, safety lighting and pertinent signing and striping improvements at the intersection of Victoria Street and Etiwanda Avenue. Pertinent information of the project is as follows: > Budgeted Amount: $125,000.00 ~' Account Numbers: 11243035650/1285124-0 CITY COUNCIL STAFF REPORT Re: Accept Traffic Signals and Safety Lighting at Victoria Street and Etiwanda Avenue September 7, 2005 Page 2 > Engineer's Estimate: $130,000.00 > City Council's Approval to Advertise: October 1, 2003 > Publish dates for local paper: October 7 & 14, 2003 > Bid Opening: November 4, 2003 ~- Contract Award Date: November 9, 2003 > Low Bidder: Steiny and Company, Inc. ;~ Contract Amount: $153,900.00' ;' 10% Contingency: $15,390.90 > Final Contract Amount: $153,900.00 > Difference in Contract Amount: $0.00 (0.00%) The project was completed as per contract plans and specifications with no change orders. Costs above the original budget and estimate are attributed to recent increases in steel, concrete and other construction and material costs. Respectfull~.s~u bmitted, William J. O'Neil City Engineer WJO:JTH/RO:Is Attachments ~-~ Project ' , -' Location I --" i ,/ i t o~, .~/'1 _, I '".,~.; ,~ , ~t , ~' , .'" !i, J constTuction ~ ..... of Traffic Signals and Safety Lighting -~-'?,-'~i., i~- , -F~! '~~i i !~ .... I ~i i ~ .~ ~i i '-f '~ ' ~i RESOLUTION NO. ~,.~"'~,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF VICTORIA STREET AND ETIWANDA AVENUE, CONTRACT NO. 03-133 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Traffic Signals and Safety Lighting at the Intersection of Victoria Street and Etiwanda Avenue, Contract No. 03-133, 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 Bernardino County. ///5 I~ ^ C H 0 C U C A M O N G A ENGINEERING DEPART~IENT Staff Report DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer Cindy Hackett, Associate Engineer~ BY: Richard Oaxaca, Engineering Technician''5 f/z'~ SUBJECT: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 08658613 IN THE AMOUNT OF $278,938.00, FOR THE ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE, CONTRACT NO. 04-001 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 08658613 in the amount of $278,938.00 for the Arrow Route Pavement Rehabilitation from Haven Avenue to Milliken Avenue, Contract No. 04-001. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Contractor: Silvia Construction, Inc. 9007 Center Avenue Rancho Cucamonga, CA 91730-5311 Respectfully submitted, William J. O'Neil City Engineer WJ©:CH/RO:Is Attachments 'ARROW ROUTE PAVEMENT REHABILITATION (FROM HAVEN AVENUE TO Mn.T.rg~.N AVENUE) 4 FOO~IILL CITY OF 'RANCHO CUCAMONGA R A N C H O C U C A tv10 N G A ENGINEERING DEPARTMENT SlaffR port DATE: September 7, 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 Tech~cian',,/~ SUBJECT: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 837663P IN THE AMOUNT OF $74,236.21, FOR THE BERYL COMMUNITY TRAIL FROM HILLSIDE ROAD TO NORTH OF ALMOND STREET, CONTRACT NO. 04-022 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 637663P in the amount of $74,23§.21 for the Beryl Community Trail from Hillside Road to North of Almond Street, Contract No. 04-02Z BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the trail improvements remain free from defects in materials and workmanship. Contractor: Dye & Browning Construction, Inc. 10640 Redwood Avenue Fontana, CA 92337 Respectfully submitted, William O. O'Neil City Engineer WJO:CH/RO:Is Attachments BERYL COMMUNITY TRAIL (FRO]~ HHJ~IDE ROAD TO NORTH OF M.MOND STREET) ..i~i~,~ .~":~' :' CITY' OF RANCHO CUCAMONGA , Q ] · .. ......... .._ ... . R A N C H O C U C A M O N G A ENGINEERING D E PAR TIll F N T SlaffReport DATE: September 7, 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~ Richard Oaxaca, Engineering Techni~3i~n'/~ SUBJECT: ACCEPT THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT LOS OSOS HIGH SCHOOL, CONTRACT NO. 04-028 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 $194,424.00 RECOMMENDATION It is recommended that the City Council accept the Traffic Signal and Safety Lighting at Los Osos High School, Contract No. 04-028, as complete, 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 $193,049.00 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 $19,442.40, 35 days after acceptance. Also, approve the final contract amount of $194,424.00. 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 Traffic Signal and Safety Lighting at Los Osos High School scope of work consisted of construction of traffic signals and safety lighting for Los Osos High School along Milliken Avenue and pertinent signing and striping changes. Pertinent information of the project is as follows: > Budgeted Amount: $120,000.00 > Account Numbers: 11243035650/1415124-0 > Engineer's Estimate: $139,000.00 /50 CITY COUNCIL STAFF REPORT Re: Accept Traffic Signals and Safety Lighting at Los Osos High School September 7, 2005 Page 2 > City Council's Approval to Advertise: March 3, 2004 ~ Publish dates for local paper: March 9 & 16, 2004 > Bid Opening: March 30, 2004 ~- Contract Award Date: April 7, 2004 ~ Low Bidder: Steiny and Company, Inc. ~' Contract Amount: $193,049.00 > 10% Contingency: $19,304.90 > Final Contract Amount: $194,424.00 ~' Difference in Contract Amount: $1,375.00 (0.71%) The net increase in the total cost of the project is a result of one (1) contract change order for the contractor to remove/sandblast conflicting striping and markings not originally on the contract plans. Costs above the original budget and estimate are also attributed to recent increases in steel, concrete and other construction and material costs. Respectfully submitted, William J. O'Neil City Engineer WJO:JTH/RO:Is Attachments /5/ WILSON AVE Project Sife~ VINTAGE DR 210 ~AY VICINITY MAP RESOLUTION NO. ~)~'~ ~// A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE TRAFFIC SIGNALS AND SAFETY LIGHTING AT LOS OSOS HIGH SCHOOL, CONTRACT NO. 04-028 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Traffic Signals and Safety Lighting at Los Osos High School, Contract No. 04-028, 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 Bernardino County. R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT SlaffR port DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Michael TenEyck, Administrative Resource Manager SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RECOMMENDATION: The City Council adopt a Resolution amending the existing electric rates, fees and charges pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. BACKGROUND/ANALYSIS: The City Council of the City of Rancho Cucamonga established a municipal utility on August 31, 2001. The City has subsequently undertaken the actions necessary or desirable to obtain electric power from energy suppliers and construct the necessary facilities to distribute the acquired electric power to retail customers within the City. The City Council has determined that the adoption of Electric Service Rules and Regulations is necessary to further the orderly distribution of the electric power to the City's retail customers. On July 1, 2005, Southern California Edison (SCE) as part of their recent rate change modified their electric rates between -0.003874& 0.013700 cents per Kilowatt Hour. The change in Rancho Cucamonga Municipal Utility Electric Service Rates is to maintain parity with (SCE) Electric Service Rates. The City Council has subsequently adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing that the rates, fees and charges, may be amended from time to time by resolution. CiTY COUNCIL STAFF REPORT ADOPTION OF A RESOLUTION ADOPTING RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHARTER 3.46 OF TILE 3 OD THE RANCHO CUCAMONGA MUNICIPAL CODE SEPTEMBER 7, 2005 PAGE 2 The City has provided the required notification to the public by publishing notice of this hearing on August 23, 2005, and August 31, 2005, in the Inland Valley Daily Bulletin, a local newspaper of general circulation, and posting notice in at least two separate locations within the City. The proposed revised rates have been available for public review in the City Clerk's Office since the advertisements and resolution were first published on August 23, 2005. The City Council has assured itself that the amended rates, fees and charges reflect the City's reasonable and prudent costs for such an enterprise and do not establish unfair, unreasonable or excessive rates that exceed the City's reasonable costs of doing business. Respectfully Submitted, William O. O'Neil City Engineer W JO:MT CITY OF RANCHO CUCAMONGA NOTICE OF PUBLIC HEARING ADOPTION OF RATES AND CHARGES FOR ELECTRIC DISTRIBUTION AND SERVICE COSTS AND RELATED ACTIONS - PLEASE TAKE NOTICE that the City Council of the City of Rancho Cucamonga will conduct a public hearing on Wednesday, September 7, 2005 at 7:00 p.m. or as soon thereafter as it may be heard, to consider the adoption of the proposed resolution entitled "A Resolution Of The City Council Of The City Of Rancho Cucamonga Amending Electric Rates, Fees And Charges Pursuant To The Requirements And Authority Of Chapter 3.46 Of Title 3 Of The Rancho Cucamonga Municipal Code "attached hereto as Attachment 1. The public hearing shall be held in the Council Chambers of the City of Rancho Cucamonga located in Rancho Cucamonga City Hall, which is addressed as 10500 Civic Center Drive, Rancho Cucamonga, California 91730.Every interested person is invited to attend the public hearing, including all' land owners within the City, and address the City Council in regards to the matters set forth in the proposed ordinance in regards to the charges for services and electric service, including, but not limited to whether the proposed rates and charges are discriminatory, excessive, insufficient under California Government Code Section 54515, will be noncompliant with the Revenue Bond Law of 1941 or on any matter relating to the proposed ordinance or the rates or charges proposed therein./Anyone having concerns or questions regarding this hearing may contact the Engineering Division at (909) 477-2740, or visit City Offices at 10500 Civic Center Drive, Monday through Thursday from 7:00 a.m. to 6:00 p.m./Publish: Tuesday, August 23, 2005 and Wednesday, August 31, 2005. 11236-O001\792725vl.doc /5~i~ Table of Contents Electric Rates and Tariffs SMALL COMMERCIAL 1 MEDIUM COMMERCIAL 3 LARGE COMMERCIAL 7 LIGHTING - STREET AND HIGHWAY 11 TRAFFIC CONTROL 14 OUTDOOR AREA LIGHTING 16 SERVICE ESTABLISHMENT CHARGE 18 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS SMALL COMMERCIAL A. Applicability. Applicable to single and three-phase general service including lighting and power, except that the Customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 20 kW or has exceeded 20 kW in any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility of any Customer served under this Schedule, the Customer's account shall be transferred to another applicable Rate Schedule. B. Territory. Within the entire territory served. C. Rates. Energy Charge S/kWh/Meter/Month Summer 0.16621 Winter 0.11592 Customer Charge- S/Meter/Day 0.47 Three Phase Service - S/Day 0.079 1. The energy charge reflects that 22.93% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D. Special Conditions. 1. Summer and Winter Seasons are defined as follows: The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one (1) standard voltage. 3. Three-Phase Service. Where the Utility provides three-phase service, the billing will be increased by the amount shown in the Rates section above. E. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within 1 Effective Date: July 1,2005 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. F. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the anxiliary/emergency generating facilities. G. Installation of Demand Meters. Where a Customer's usage exceeds an average of 4,500 kWh pel: month in the preceding 12-month period, the Utility may, at its sole option, install a demand Meter on the account at the Utility's expense. H. Billing. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Delivery Service and Generation rates when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). I. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. J. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 2 Effective Date: July 1, 2005 /~q CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS MEDIUM COMMERCIAL A. Applicability. Applicable to single and three-phase service including lighting and power, except that the customer whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW for any three (3) months during the preceding twelve (12) months is ineligible for service under this Schedule. Effective with the date of ineligibility, the Customer's account shall be transferred to Large Commercial - Time of Use Schedule. Further, any Customer served under this Schedule whose monthly Maximum Demand has registered 20 kW or less for twelve (12) consecutive months is eligible for service under another applicable Rate Schedule. A customer served under this Schedule whose monthly Maximum Demand is 200 kW or greater for any three months during the preceding 12 months shall receive service under the Time-of-Use (TOU) pricing provisions of this Schedule. When such customer's Maximum Demand has registered less than 200 kW for 12 consecutive months the customer is eligible for service under the Non TOU pricing provisions of this Schedule or service under another applicable rate schedule. This Schedule is subject to Meter availability. B. Territory. Within the entire territory served. C. Rates. Energy Charge - S/kWh/Meter/Month Non TOU Pricing Option Summer Season 0.08278 Winter Season 0.07897 TOU Pricing Option Summer Season - On-Peak 0.14088 Mid-Peak 0.08332 Off-Peak 0.04745 Winter Season.- Mid-Peak 0.10550 Off-Peak 0.04934 Customer Charge - S/Meter/Month 70.28 Demand Charge - S/kW of Billing Demand/Meter/Month Facilities Related 9.19 Time Related Summer 15.48 Winter 0.00 Power Factor Adjustment - $/kVgJMonth Greater than 50 kV 0.17 50 kV or less 0.19 TOU Option Meter Charge - S/Meter/Month Standard 12.76 RTEM 45.47 3 Effective Date: July l, 2005 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS 1. The energy charge reflects that 22.93% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D. Special Conditions. 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. TOU Pricing for Customers Whose Maximum Demand is less than 200 kW: Customers served under this Schedule whose Maximum Demand is less than 200 kW may elect TOU pricing, but, only after installation of an interval meter provided at the customer's expense. Customers may elect a standard interval meter or Real Time Energy Metering (RTEM) meter and shall pay the monthly charges, as indicated in the Rates Section of this Schedule. Service under TOU pricing will become effective on the next regularly scheduled meter read date following installation of the standard interval meter or RTEM meter. 3. Voltage. Service will be supplied at one (1) standard voltage. 4. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing 4 Eft~ctive Date: July 1, 2005 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. 5. Maximum Demand. The Maximum Demand in any month shall be the measured maximum average kilowatt input, indicated or recorded by instruments, during any 15-minute metered interval in the month, but, where applicable, shall not be less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. E. Power Factor Adjustment. When the Maximum Demand has exceeded 200 kW for three (3) consecutive months, kilovar metering will be installed as soon as practical, and, thereafter, until the Maximum Demand has been less than 150 kW for twelve (12) consecutive months, the billing will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed on the Utility. The reactive demand will be determined as follows: 1. For Customers with metering used for billing that measures reactive demand, the maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15-minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar meter to prevent reverse operation of the Meter. 2. For Customers with metering used for billing that measures kilovar-hours instead of reactive demand, the kilovars of reactive demand shall be calculated by multiplying the kilowatts of measured Maximum Demand by the ratio of the kilovar-hours to the kilowatt hours. Demands in kilowatts and kilovars shall be determined to the nearest unit. A ratchet device will be installed on the kilovar- hour Meter to prevent its reverse operation on leading power factors. F. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer resuming service within twelve (12) 5 Effective Date: July 1, 20{)~ CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARiFFS · months after such service was discontinued will be required to pay all charges which would have been billed if service had not been discontinued. G. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. H. Billing. A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Delivery Service and Generation rates when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). I. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. J. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 6 Effective Date: July 1, 2005 /~ CITY OF RANCHO CUCAMONGA MUNICIPAL, UTILITY ELECTRIC RATES & TARiFFS LARGE COMMERCIAL A. Applicability. Applicable to general services including lighting and power. This Schedule is applicable to and mandatory for all Customers whose monthly Maximum Demand, in the opinion of the Utility, is expected to exceed 500 kW or has exceeded 500 kW in any three (3) months during the preceding twelve (12) months, except that Customers served on this Schedule may elect service under any applicable schedules optional hereto. Any existing Customer on this Schedule whose monthly Maximum Demand has registered 500 kW or less for twelve (12) consecutive months is ineligible for service under this Schedule (see Section J). Service trader this Schedule is subject to Meter availability. B. Territory. Within the entire territory served. C. Rates. Energy Charge - S/kWh/Meter/Month Summer Season - On-Peak 0.12343 Mid-Peak 0.07104 Off-Peak 0.03838 Winter Season - On-Peak N/A · Mid-Peak 0.09121 Off-Peak 0.04012 Customer Charge - S/Meter/Month 317.58 Demand Charge - S/kW of Billing Demand/Meter/Month Facilities Related 8.78 Time Related Summer Season - On-Peak 25.80 Mid-Peak 4.14 Off-Peak 0.00 Winter Season - On-Peak ' N/A Mid-Peak 0.00 Off-Peak 0.00 Power Factor Adjustment - $/KVA 0.19 l. The energy charge reflects that 22.93% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. 7 Effective Date: July 1~ 2005 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS D. Special Conditions. 1. Time periods are defined as follows: On-Peak: Noon to 6:00 p.m. summer weekdays except holidays. Mid-Peak: 8:00 a.m. to noon and 6:00 p.m. to 11:00 p.m. summer weekdays except holidays. 8:00 a.m. to 9:00 p.m. winter weekdays except holidays. Off-Peak: All other hours. Holidays are New Year's Day (January 1), Washington's Birthday (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veteran's Day CNovember 11), Thanksgiving Day (fourth Thursday in November), and Christmas (December 25). When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. No change will be made for holidays falling on Saturday. The Summer Season shall commence at 12:00 a.m. on June 1st and continue until 12:00 a.m. on October 1st of each year. The Winter Season shall commence at 12:00 a.m. on October 1st of each year and continue until 12:00 a.m. on June 1st of the following year. A pro rata computation will be made for seasonal billing purposes. 2. Voltage. Service will be supplied at one standard voltage. 3. Maximum Demand. Maximum Demands shall be established for the On-Peak, Mid-Peak, and Off- Peak periods. The Maximum Demand for each period shall be the measured maximum average kilowatt input indicated or recorded by instruments, during any 15-minute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated Welder Service in Rule 2. Where the demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. 4. Billing Demand. The Billing Demand shall be the kilowatts of Maximum Demand, determined to the nearest kW. The Demand Charge shall include the following billing components. The Time Related Component shall be for the kilowatts of Maximum Demand recorded during (or established for) the monthly billing period for each of the On-Peak, Mid-Peak, and Off-Peak Time Periods. The Facilities Related Component shall be for the kilowatts of Maximum Demand recorded 8 Effective Date: July I, 2005 CITy OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS during (or established for) the monthly billing period. However, when the Utility determines the Customer's Meter will record little or no energy use for extended periods of time or when the Customer's Meter has not recorded a Maximum Demand in the preceding eleven (11) months, the Facilities Related Component of the Demand Charge may be established at fifty percent (50%) of the Customer's Connected Load. Separate Demand Charge(s) for the On-Peak, Mid-Peak, and Off-Peak Time Periods shall be established for each monthly billing period. The Demand Charge for each time period shall be based on the Maximum Demand for that time period occurring during the respective monthly billing period. E. Power Factor Adjustment. The Customer's bill will be increased each month for power factor by the amount shown in the Rates section above for service metered and delivered at the applicable voltage level, based on the per kilovar of maximum reactive demand imposed by the Utility. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15 minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar Meter to prevent reverse operation of the Meter. F. Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any Customer, prior to resuming service within twelve (12) months after such service was discontinued, will be required to pay all charges which would have been billed if service had not been discontinued. G. Customer-Owned Electrical Generating Facilities. Upon written approval by the Utility, momentary parallel operation may be permitted to allow the Customer to test the auxiliary/emergency generating facilities. H. Contracts. An initial three-year facilities contract may be required where Applicant requires new or added serving capacity exceeding 2,000 kVA. I. Removal From Schedule. Customers receiving service under this Schedule whose monthly Maximum Demand has registered 500 kW or less for twelve (12) consecutive months shall be changed to an applicable Rate Schedule effective with the date the Customer became ineligible for service under this Schedule. J. Billing. 9 Effective Date: July 1,200~ /~:~ CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS A Customer's bill is calculated according to the rates and conditions above. The charges are calculated by applying the Delivery Service and Generation rates when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). K. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. L. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 10 Effective Date: July 1, 2097 /~7 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARJFFS LIGHTING - STREET AND HIGHWAY A. Applicability. Applicable to meter for the lighting of streets, highways, and publicly-owned and publicly- operated automobile parking lots which are opened to'the general public where the City owns and maintains the street lighting equipment and associated facilities included under this Schedule. B. Territory. Within the entire territory served. C. Rates High Pressure Sodium Vapor Lamps - All Night Service Lamp Wattage Initial Lumens S/Lamp/Month 150 16,000 $ 9.91 250 27,500 $12.84 1. The charge per lamp reflects that 22.93% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This pementage will be adjusted monthly to reflect actual energy purchases. D. Special Conditions 1. . The Applicant shall install streetlights that will be served by the Utility. These streetlights must be installed in accordance with the Utility's specifications and the developer will deed such facilities to the City. 2. Requirements and Restrictions. a. The Applicant for street light service shall specify the type of service, lamp size, and location of street lights. b. Service shall not be furnished under this Schedule where location, mounting height, and/or other considerations are unacceptable to the Utility. c. The installation of street lighting equipment and facilities hereunder is contingent upon the utility obtaining easements, rights of way, and highway permits satisfactory to the Utility for the required poles, lines, equipment, and facilities. 11 Effec6ve Date: July 1, 2005 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS d. In accordance with Rule No. 4, a written contract for a term of not less than one year and not more than five years is required in order to receive street light service under the provisions of this Schedule. e. Should the Applicant not commence using the street lighting in a bona fide manner within ninety (90) days after date of completion and installation of a street light or street lighting system requested by the Applicant, the Utility will bill, and the Applicant shall pay, the applicable lamp charges(s). 3. Hours of Service: Under the Utility's standard all night operating schedule, approximately 4,140 hours of service per year will be furnished. 4. Maintenance shall include periodic inspection, renewal of lamps, cleaning of glassware, replacement of damaged glassware and lamps, and minor repairs to wiring and electrical appurtenances. Where the Utility experiences, or expects to experience, maintenance costs exceeding its normal maintenance expense resulting from, but not limited to, vandalism, the Utility may require the customer to pay the excess maintenance expense. 5. Liability of the Utility: The Utility shall not, by taking action pursuant to its tariffs, be liable for any loss, damage, or injury, established or alleged, which may result, or be claimed to result, therefrom. 6. Removal of Equipment. Where street lighting service and facilities were ordered removed by a Customer and such service and facilities, or their equivalent are ordered reinstalled within thirty-six (36) months from the date of the order to remove, the Customer shall pay to the Utility in advance of reinstallation a nonrefundable amount equal to the cost of removal of the prior facilities and the estimated cost of such reinstallation. Utility-owned facilities removed or installed remain the sole property of the Utility. 7. Modification of Facilities. Where the Customer requests a modification of Utility-owned facilities serving Customer-owned street light facilities, and such modifications are acceptable to the Utility, the Utility will perform the requested modifications, provided the Customer agrees to pay the cost of said modifications. E. Billing. A Customer's bill is first calculated according to the rates and conditions above. F. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 12 Effective Date: July 1~ 2005 /~q CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TAKIFFS G. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 13 Effective Date: July 1,2005 /7~ CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS TRAFFIC CONTROL A. Applicability. Applicable to single and three-phase service for traffic directional signs or traffic signal systems located on streets, highways and other public thoroughfare~ and to railway crossing and track signals; for public thoroughfare lighting that is utilized twenty-four (24) hours per day or is not controlled by switching equipment, such as tunnel or underpass lighting; and, to public authorities for the illumination of bus stop shelters located in the dedicated road right-of-way where such service is combined with other traffic control service as defined above. B. Territory. The entire territory served. C. Rates. Energy Charge - $/kWWMeter/Month I 0.08616 Customer Charge - S/Meter/Day 0.38 Three-Phase Service - S/Day 0.085 1. The energy charge reflects that 22.93% of the investor-owned utility energy requirements am supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D. Voltage. Service will be supplied at one (1) standard voltage not in excess of 240 volts or, at the option o£the Utility,~ at 240/480 volts, three wire, single-phase. E. Three-Phase Service. Where the Utility provides three-phase service, the billing will be increased by the amount shown in the Rates section above. F. Billing. A Customer's bill is calculated according to the total rates and conditions above. The charges are calculated by applying the Delivery Service and Generation rates when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). G. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. 14 Elrective Date: July l, 2005 /7/ CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS H. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 15 Effective Date: July 1,2005 / 72 CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS OUTDOOR AREA LIGHTING A. Applicability. Applicable to single-phase service for metered outdoor area lighting load, controlled for dusk to dawn operation and used for purposes other than street and highway lighting such as, but not limited to parking lots, pedestrian walkways, billboards, building exteriors, security, sports and recreation areas, monuments, decorative areas, and bus shelters. B. Territory. Within the entire territory served. C. Rates. Energy Charge - S/kWh/Meter/Month 0.04786'. Customer Charge- S/Meter/Month 17.62 1. The energy charge reflects that 22.93% of the investor-owned utility energy requirements are supplied by the California Department of Water Resources. This percentage will be adjusted monthly to reflect actual energy purchases. D. Voltage. Service will be provided at one (1) standard voltage. E. Three-Phase Service. · Where, in the sole opinion of the Utility, it is impractical to provide single-phase service under this Schedule, three-phase service will be provided. F. Separate Point of Delivery. When requested by the Applicant or Customer, and agreed upon by the Utility, an additional Point of Delivery may be provided, separate from any other Point of Delivery provided under any other applicable Rate Schedule. Customers so served shall not be permitted to have an electrical intemonnection beyond the Utility's Point of Delivery between the separately metered loads except upon written approval of the Utility. A change from this Schedule to any other Rate Schedule will be permitted if the additional Point of Delivery is removed. Any such removal shall be at the Customer's expense. Any rearrangement of facilities required to provide the additional Point of Delivery shall be at the expense of the requesting Applicant or Customer. 16 Ef£ectiv¢ Date: July 1, 2005 /73 CITy OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC RATES & TARIFFS G. Controlled Operation. Service under this Schedule requires the control of lamps in a manner acceptable to the Utility so that lamps will not be lighted daily from dawn to dusk. Customer shall install, own, operate, and maintain the control device. The Utility shall have the fight to periodically inspect the .control device to ensure its correct operation and maintenance. H. Distribution Line Extension. Distribution Line Extensions to reach an outdoor area light or area lighting system shall be in accordance with Rule 15. I. Services. Services shall be installed and maintained as provided in Rule 16. J. Incidental Loads. Incidental, non-lighting loads may be served under this Schedule only where such Connected Loads do not exceed fifteen percent (15) of the Customer's total Connected Load. Incidental Loads must also be controlled for dusk to dawn operation exclusively. K. Billing. A Customer's bill is first calculated according to the rates and conditions above. The charges are calculated by applying the Delivery Service and Generation rates when applicable to the actual billing determinants (kilowatt hours [kWh], demand [kW], etc.). L. Power Cost Adjustment Factor (PCAF). The rates above are subject to an adjustment as provided in Rule 12, Section E. M. Change of Law Adjustment Factor (CLAF). The rates above are subject to an adjustment as provided in Rule 12, Section F. 17 Effective Date: July 1 2~005 / 17~q CITY OF RANCHO CUCAMONGA MUNICIPAL UTILITY ELECTRIC PATES & TARIFFS SERVICE ESTABLISHMENT CHARGE A. Applicability. Applicable to General Service and Domestic Service customers. B. Territory. Within the entire territory served. C. Rates. For each establishment of electric service .................................... $12.00 D. Special Conditions. 1. The service establishment charge provided for herein is in addition to the charges calculated in accordance with the applicable schedule and may be made each time an account is established. As used herein, establishment means each time an account is opened, including a tum on of electric service or a change of name which requires a meter reading. 2. In case the customer requests that electric service be established on the day of his request or outside of regular hours, an additional charge of $10.00 may be made. 18 Effective Date: July 1,2005 / 75 SOLUTION NO. ,9.5'- 2 $.5' A SOLUTION OF TaE C TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. (i) The City Council of the City of Rancho Cucamonga has previously adopted Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code establishing Electricity Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be amended from time to time by resolution. (ii) City staff has prepared a comprehensive schedule of the rates, fees and c. harges that reflect the reasonable and prudent costs relating to the acquisition and distribution of electric power to retail customers and are recommending that the City Council adopt the recommended fees. These rates do not present the City an opportunity to achieve profits or to impose charges in excess of the costs reasonably related to the development, maintenance and expansion of a municipal electric distribution system. The City Council has directed City staff to regularly review the operations of the City's electric utility to ensure that the rates are sufficient to cover all prudent business costs, reserves and capital equipment acquisition but not exceeding the amount necessary for the same. The rates, fees and charges reflect the reasonable costs to the City system only and do not reflect any excess rates, fees, or charges that are in excess of the reasonable costs of providing the electrical services as set forth hereinafter. (iii) The City Council has reviewed the adoption of this Resolution pursuant to the requirements of the Califoruia Environmental Quality Act of 1970, as amended, and has determined that the adoption of the Electric Rules and Regulations has no foreseeable potential to a result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has 11231-0001\807726vl.doc /7~ determined that the adoption of the fees is exempt fi.om substantive environmental review under Section 15273 of the State CEQA Guidelines as no capital projects for system expansion are included in the proposed action. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. .Section 2. The rates, fees and charges assessed under Chapter 3.46 of Title 3 shall be as set forth on Attachment 1 hereto and incorporated by reference as if fully set forth herein. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED this day of ,2005. Mayor I, Debra Adams, City Clerk, City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of ,2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Rancho Cucamonga 2 l1231-0001\807726vl.doc /77 T H C I T Y 0 F I~ANCHO CUCAHONGA Memorandum DATE: September 6, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager ~/~ FROM: Kevin McArdle, Community Services Direct SUBJECT: FREEDOM°S FLAME PROPOSAL The City Council agenda for the September 7, 2005, meeting includes an item under Council Business regarding discussion of the Freedom's Flame proposal. Unfortunately, this item was inadvertently placed on this week's agenda, when it is actually scheduled for the next meeting on September 21st. This item should get continued until the September 21st meeting. I apologize for any confusion. c: Pam Easter, Deputy City Manager ~ Debbie Adams, City Clerk Francie Palmer, Marketing Manager T H E C I T Y 0 F [ ~ANCHO CUCAMONGA StaaXepm DATE: September 7, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Pamela S. Easter, Deputy City Manager Ingrid Y. Bruce, GIS/Special Districts Manager S~: CONSIDERATION OF TWO JOINT COMMUNITY FACILITIES AGREEMENTS (JCFAs) WlTIt THE ETIWANDA SCHOOL DISTRICT RECOMMENDATION: It is recommended that the City Council consider the request of the Etiwanda School District (the "School District")' that the City of Rancho Cucamonga (the "City") enter into two separate Joint Community Facilities Agreements (each, a "JCFA" and collectively, the "JCFAs") pertaining to the financing of public infrastructure through the Pinehurst Public Facilities Community Facilities District (the "School District CFD"), a community facilities district proposed to be formed by the School District pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 and following) (the "Act"). Upon completion of the City Council's consideration of the School District request, it is recommended that the City Council take one of the following actions: 1. Adopt a motion to approve the Resolution Approving the Forms of Two Joint Community Facilities Financing Agreements Pertaining to the Etiwanda School District Pinehurst Public Facilities Community Facilities District No. 2005-1 (the "Resolution"); 2. Adopt a motion to agree to enter into each JCFA subject to such additional terms and conditions as the City Council may direct and direct staff to communicate such additional terms and conditions to the School District; or 3. Adopt a motion to decline to enter the JCFAs. Page 2 September 7, 2005 CONSIDERATION OF TWO JOINT COMMUNITY FACILITIES AGREEMENTS (JCFAs) WITH THE ETIWANDA SCHOOL DISTRICT BACKGROUND/ANALYSIS: This matter was continued from the City Council's July 20, 2005 meeting to enable the City Council to consider the revisions to the City's then existing Statement of Goals and Policies Regarding the Use of the Mello-Roos Community Facilities Act (the "Original Goals and Policies") and to subsequantly consider the approval of the JCFAs in light of revisions that the City Council may adopt to the Original Goals and Policies. The City Council considered revisions to the Original Goals and Policies at its August 17, 2005 meeting and adopted its Amended and Restated Statement of Goals and Policies regarding the use of the Mello-Roos Community Facilities Act (the "Goals and Policies"). The Goals and Policies provide that the City will not enter into a Joint Community Facilities Agreement with regard to a community facilities district proposed to be formed by a public agency other than the City unless (a) the proposed community facilities district complies with the provisions o£the Goals and Policies under the headings "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues," "Disclosure to Prospective Property Purchasers in CFDs" and such other provisions as the City Council may deem applicable to the proposed community facilities district and (b) the public facilities to be owned by such public agency will be financed by a larger share of the proceeds of the bonds issued for such community facilities district than the share of such proceeds of such bonds to be used to finance the public facilities to be owned by the City. The following information regarding the proposed JCFAs, the applicable statutory authority, the proposed facilities to be financed and the proposed special taxes to be levied by the School District CFD and compliance with the Goals and Policies is provided to assist the City Council in its consideration of the School District request. The JCFAs. The School District has requested that the City enter into the following separate JCFAs: · Joint Community Facilities Agreement by and among the City, the School District and Richland Tracy, Ltd. ("Richland"); and · Joint Community Facilities Agreement by and among the City, the School District and Hill Country, S.A. Ltd. ("Hill Country" and, together with Richland, the "Developers"). The Developers are the owners of approximately 150 acres (Hill Country owns approximately 130 acres and Richland Tracy owns approximately 20 acres) in the City, which the Developers intend to develop with approximately 358 residential dwelling units. This project is proposed to be located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue. The Developers have approached the School District and requested that the School District undertake proceedings to form the School District CFD to finance infrastructure required for such development including school facilities to be owned and operated by the School District and Chaffey Joint Union High School District Page 3 September 7, 2005 CONSIDERATION OF TWO JOINT COMMUNITY FACILITIES AGREEMENTS (JCFAs) WITH THE ETIWANDA SCHOOL DISTRICT ("Chaffey") and other public improvements to be owned and maintained by the City, the San Bemardino County Flood Control District ("County Flood") and the Cucamonga Valley Water District ("Water District"). Applicable Statutory Authority. Under the provisions of the Act, the School District may form a community facilities district to finance facilities to be owned or operated by a public agency other than the School District only pursuant to a joint community facilities agreement adopted pursuant to the Act. Government Code Section 53316.2(a). In addition the legislative bodies of both the School District and any other public agency agreeing to enter into such a joint community facilities agreement must adopt a resolution declaring that such an agreement would be beneficial to the residents of that public agency. Government Code Section 53316(b). In the instant case, if the City Council desires to enter into the JCFAs with the School District, the City must adopt a resolution in which the City Council declares that the JCFAs will be beneficial to the residents of the City. Finally, the School District may not have primary responsibility for formation of a community facilities district unless that the School District is reasonably expected to have responsibility for providing facilities to be financed by a larger share of the proceeds of special taxes and bonds of the community facilities district than any other public agency entering into a joint community facilities agreement with the School District pertaining to that community facilities district. Government Code Section 53316. 2(e). It should be noted that under the existing statutory framework, the School District has the authority to form the School District CFD whether or not the City elects to approve the proposed JCFAs. Additionally, the School District CFD could finance public facilities to be owned by other public agencies even if the City elects not to approve the JCFAs. Advantages to School Districts to Form Community Facilities Districts. There is a significant advantage to school districts to agree to form community facilities districts to finance not only school facilities but also other public improvements to be owned by other public agencies such as the City. School districts are restricted under the state law to the collection of statutory school fees from developers to mitigate the impact of new development on the need to provide additional student housing unless the school district can negotiate a mitigation agreement with developers to provide additional financing for school facilities. Statutory school fees and state funding for the construction of new schools are not adequate to finance the full cost of construction of those school facilities. The financing of public infrastructure required for new development projects through community facilities districts can provide significant economic advantages to the developers of such projects and hence an incentive for developers to enter into mitigation agreements. Consequently, school districts may negotiate mitigation agreements with developers requiring the payment of amounts over and above the statutory school fees in exchange for the school district agreeing to form a community facilities district to finance school facilities and public facilities for other public agencies as well. According to figures provided by the School District as reflected below, the School District CFD would finance significantly more school facilities Page 4 September 7, 2005 CONSIDERATION OF TWO JOINT COMMUNITY FACILITIES AGREEMENTS (JCFAs) WITH THE ETIWANDA SCHOOL DISTRICT for the School District than the projected $2,675,741 in statutory school fees to which the School District would otherwise be entitled. Public Facilities Proposed to be Financed_ In the proposed JCFAs, the School District CFD would be authorized to finance from the proceeds of bonds issued by or for the School District CFD public facilities for the previously mentioned public agencies in the following approximate dollar amounts: Public Agency Amount of Facilities to be financedo) School District $5,365,052 City 5,365,000 Chaffey 1,377,324 Water District 7,971,570 County Flood 919,122 Notes: (1) Source: School District The foregoing amounts differ from the amounts shown on the staff report for the July 20th City Council meeting as a result of modifications made by the School District to bring the District into conformity with the City's Goals and Policies. Proposed School District CFD Special Taxes - Conformance with the City's Amended and Restated Goals and Policies. The special taxes as proposed to be levied within the School District CFD are as follows: Dwelling Unit Size Special Taxes/Year Less than 3300 square feet $4,893 3300-3500 square feet 5,377 3501-4000 square feet 5,692 Greater than 4001 square feet 6,217 Source: Development Planning and Financing Group, financial advisors to the Developers The special tax rates shown in the table above are significantly higher for certain sized dwelling units than the special tax rates shown on the July 20th staff report. The July 20th staff report showed special taxes rates of $5,017 for dwelling units of 3,300 to 3,500 square feet and $5,792 for dwelling units over 4,000 square feet. Although the special tax rates for these classes of dwelling units have gone up, as shown in the next paragraph the projected aggregate tax rates have gone down. Page 5 September 7, 2005 CONSIDERATION OF TWO JOINT COMMUNITY FACILITIES AGREEMENTS (JCFAs) WITH THE ETIWANDA SCHOOL DISTRICT Based upon information provided by or on behalf of the School District, the aggregate tax burden on such pamels (ad valorem taxes, special taxes, assessments, standby charges) would range from $12,580 for the smallest units to $14,185 for the largest units. The aggregate tax burden as a pementage of the projected sales prices of the homes would be approximately 1.85%. This aggregate tax burden as a percentage of the projected sales prices of homes has been reduced from 1.94% as shown in the July 20th staff report. This reduction is not due to a decrease in the proposed special taxes. It is due to an increase in the projected sales prices of the homes from an average of $667,000 to an average of $766,000. Based upon the updated projections on sales prices, the special tax rates would comply with the 1.85% limit as set forth in the Goals and Policies. The resolution of intention of the Board of Trustees of the School District (the "Board") to establish the School District CFD adopted on May 26, 2005 declares the intention of the Board to levy the special taxes pursuant to a rate and method of apportionment thereof that permits the special taxes to be escalated at 2% per year (the "Escalator"). In order to comply with the provision of the Goals and Policies that prohibits the escalation of special taxes levied on residential properties, the Developers have requested that the rate and method of apportionment of the special taxes be amended prior to or at the time of formation of the School District CFD to eliminate this escalator. The form of the JCFAs specifically provides: "The rate and method of apportionment of the special taxes authorized to be levied by the District, the bonds issued by or for the District and the disclosure of the District to prospective pumhasers of property within the District shall conform to the provisions of the City Policies entitled "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues" and "Disclosure to Prospective Property Purchasers in CFDs," respectively. A copy of the City's Policies is attached as Exhibit E hereto and is incorporated herein by this reference. Nothing in this section shall be deemed to prohibit or waive the application of School District policies that are more restrictive than the City Policies." Consequently, the School District CFD is required to conform to the applicable provisions of the Goals and Policies. Additionally, should the City Council desire to approve the JCFAs, the resolution approving the form of the JCFAs specifically provides that such approval is subject to a condition subsequent that the rate and method of apportionment of the special taxes be amended at or prior to the formation of the School District CFD to eliminate the Escalator. Page 6 September 7, 2005 CONSIDERATION OF TWO JOINT COMMUNITY FACILITIES AGREEMENTS (JCFAs) WITH THE ETIWANDA SCHOOL DISTRICT Staff will be prepared to answer specific questions, which the City Cotmcil may have regarding the proposed JCFAs or the proposed School District CFD. Respectfully submitted, Pamela S. Easter . Deputy City Manager GIS/Special Districts Manager Attachments: Resolution JCFAs - Richland Tracy Hill Country RESOLUTION NO. 2005- ~ ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORMS OF TWO JOINT COMMUNITY FACILITIES FINANCING AGREEMENTS PERTAINING TO THE ETIWANDA SCHOOL DISTRICT PINEHURST PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2005-1 WHEREAS, the Etiwanda School District (the "School District"), has initiated proceedings to create a Community Facilities District designated as the Pinehurst Public Facilities Community Facilities District No. 2005-1 (the "District") pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing for the financing of the acquisition or construction of certain public facilities to serve the development of approximately 150 acres of property located in the City on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue (the "Project"); and, WHEREAS, included among the public facilities proposed to be financed by the District are certain public facilities which will be owned, operated and maintained by the City of Rancho Cucamonga (the "City"); and, WHEREAS, the Act provides that a community facilities district formed by the School District may finance the acquisition or construction of facilities to be owned or operated by the City only pursuant to a Joint Community Facilities Agreement adopted pursuant to Government Code Section 53316.2; and WHEREAS, the School District has requested that the City agree to enter into two separate Joint Community Facilities Agreements: a Joint Community Facilities Agreement by and among the City, the School District and Richland Tracy, Ltd., the developer of approximately 20 acres of the Project and a Joint Community Facilities Agreement by and among the City, the School District and Hill Country, S.A., Ltd., the developer of approximately 130 acres of the Project (the Joint Community Facilities Agreements may be referred to collectively as the "JCFAs"); and WHEREAS, Government Code Section 53316.2 provides that the City Council and the governing board of the School District may enter into the JCFAs at any time prior to the adoption by the governing board of the School District of the resolution of formation creating the District if each legislative body declares that each Joint Community Facilities Agreement would be beneficial to the residents of each respective agency; and WHEREAS, the form of the JCFAs have been presented to this City Council for its consideration; and 1 WHEREAS, the Amended and Restated Statement of Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted on August 17, 2005 (the "Goals and Policies") provide that the City will not enter into a Joint Community Facilities Agreement with regard to a community facilities district proposed to be formed by a public agency other than the City unless (a) the proposed community facilities district complies with the provisions of the Goals and Policies under the headings "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues," "Disclosure to Prospective Property Purchasers in CFDs" and such other provisions as the City Council may deem applicable to the proposed community facilities district and (b) the public facilities to be owned by such public agency will be financed by a larger share of the proceeds of the bonds issued for such community facilities district than the share of such proceeds of such bonds to be used to finance the public facilities to be owned by the City; and WHEREAS, the form of each JCFA expressly provides that (a) the School District shall be responsible for ensuring that the School Facilities (as defined in the JCFAs) will be financed by a larger share of the proceeds of the bonds issued by or for the District than the share of such proceeds to be used to finance the facilities to be owned by the City and (b) and the rate and method of apportionment of the special taxes authorized to be levied by the District, the bonds issued by or for the District and the disclosure of the District to prospective purchasers of property within the District shall conform to the provisions of the Goals and Policies entitled "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues" and "Disclosure to Prospective Property Purchasers in CFDs," respectively; and WHEREAS, the Board of Trustees of the School District will need to amend the rate and method of apportionment of the special taxes (the "Rate and Method") proposed to be levied within the District to eliminate a provision that provides for an annual escalation of the special tax (the "Escalator") authorized to be levied on residential property within the District which does not conform to the Goals and Policies; and WHEREAS, any approval of the JCFAs shall be subject to a condition subsequent that the Rate and Method be amended at or prior to the time of formation of the District to eliminate the Escalator. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DECLARATION. The City Council hereby declares that: 2 A. The District and the JCFAs will conform to the applicable provisions of the Goals and Policies; and B. The JCFAs will be beneficial to the residents of the City. SECTION 3. APPROVAL OF THE JCFAS. The form of each Joint Community Facilities Agreement as presented to this City Council and on file with the City Clerk is hereby approved subject to a condition subsequent that the RMA be amended by the Board of Trustees of the School District to eliminate the Escalator at or prior to the formation of the District. The City Manager or such other official of the City as may be designated by the City Manager (an "Authorized Officer"), acting for and on behalf of the City, is hereby authorized and directed to execute and deliver each Joint Community Facilities Agreement subject to such additions or changes therein as such Authorized Officer shall deem to be in the best interests of the District following consultation with and review by the City Attorney and Best Best & Krieger LLP, the City's bond counsel; provided, however, the JCFAs shall not be executed on behalf of the City unless and until the RMA has been amended to eliminate the Escalator. PASSED, APPROVED, And ADOPTED this day of ,2005. AYES: NOES: ABSENT: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk 3 JOINT COMMUNITY FACILITIES AGREEMENT THIS JOINT COMMUNITY FACILITIES AGREEMENT (the "Agreement") is entered into effective as of the day of ., 2005, by and among the CITY OF RANCHO CUCAMONGA, a city duly organized and existing under the laws of the State of California (the "City"), the ETIWANDA SCHOOL DISTRICT, a public entity (the "School District"), and RICHLAND TRACY, LTD., a Florida limited partnership (the "Owner"), and relates to the proposed formation of PINEHURST PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2005-1 (the "District"). RECITALS: A. The Owner is the owner and developer of real property located within the City and described in Exhibit "A" attached hereto (the "Property"). The Property is proposed to constitute a portion of the land within the boundaries of the District. B. The Owner and Hill Country, S.A. Ltd. intend to obtain the necessary development approvals to construct approximately 358 residential dwelling units on the Property and on the property owned by Hill Country, S.A. Ltd. and which will be included in the District and to provide the required infrastructure for such units, including the financing of school facilities to be owned and operated by the School District (the "School Facilities"), certain improvements to be owned and operated by the City and which are described in Exhibit "B" hereto and incorporated by reference herein (the "City Facilities"), certain improvements which the Cucamonga Valley Water District (the "Water District" or "CVWD") will own or operate (the "Water District Facilities"), certain improvements which the Chaffey Joint Union High School District (the "High School District") will own or operate (the "Chaffey Facilities") and certain improvements which the San Bernardino Flood Control District (the "Flood Control District") will own or operate (the "Flood Control District Facilities"). The City Facilities are a condition to development of the Property in accordance with the Development Agreement between the Owner and the City and other development approvals (the "Development Approvals"). The City Facilities include (i) certain City development impact fees pursuant to the Development Agreement and ("City Fees") and (ii) certain other master planned facilities to be constructed by or on behalf of the Owner and acquired by the City for their actual cost, together with appurtenances and appurtenant work, and incidental expenses related thereto (each, a "City Acquisition Facility," and, collectively, the "City Acquisition Facilities"). The City Facilities, the Water District Facilities, the Chaffey Facilities, the Flood Control District Facilities, and the School Facilities are sometimes collectively referred to herein as the "Facilities." C. The Owner has requested the Board of Trustees of the School District (the "Board of Trustees") to form and establish the District pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act") to include the Property for the purpose of financing the design, construction and acquisition of the Facilities. D. Subsection (e) of Section 53316.2 of the Act provides that, notwithstanding any other provision of the Act, no local agency which is party to a joint exercise of power agreement or joint community facilities agreement shall have primary responsibility for formation of a community facilities district unless that agency is one or more of certain specified types of agencies, including an agency that is reasonably expected to have responsibility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the community facilities district or districts created pursuant to the joint exemise of powers agreement or the joint community facilities agreement than any other local agency. E. The provision of the Facilities is necessitated by the development of the land within the District and the parties hereto find and determine that the residents of the City, the School District, the High School District, the Water District, the Flood Control District and the District will be benefited by the construction and/or acquisition of the Facilities and that this Agreement is beneficial to the interests of such residents. F. The parties hereto intend to have the District assist in financing the City Facilities by disbursing District note or bond proceeds at the written direction of the City and the Owner, in accordance with this Agreement or any other agreements between the City and the Owner to finance the acquisition or construction of the City Facilities. G. The City is authorized by Section 53313.5 of the Act to assist in the financing of the acquisition and/or construction of the City Facilities and the School District is authorized to assist in the financing of the School Facilities. This Agreement constitutes a joint community facilities agreement, within the meaning of Section 53316.2 of the Act, by and among the City, the Owner and the School District, pursuant to which the District when formed will be authorized to finance the construction and/or acquisition of the City Facilities and to finance the School Facilities. As authorized by Section 53316.6 of the Act, responsibility for constructing, providing and operating the School Facilities is delegated to the School District and responsibility for constructing and providing the City Facilities is delegated to the City to the extent set forth herein. H. On August 17, 2005, the City Council of the City adopted its amended and restated "City of Rancho Cucamonga Statement of Goals and Policies for the Use of the Mello- Roos Community Facilities Act of 1982" (the "City Policies") which provides in pertinent part that the City will not enter into a joint community facilities agreement with regard to a community facilities district proposed to be formed by a public agency other than the City unless the proposed community facilities district complies with certain specified provisions of the City Policies and the public facilities to be owned by such public agency will be financed by a larger share of the proceeds of the bonds issued for such conununity facilities district than the share of such proceeds of such to be used to finance public facilities to be owned by the City. The City, the School District and the Owner intend that this Agreement shall comply with and implement the applicable provisions of the City Policies as they apply to the District. I. Pursuant to Government Code Section53314.9, the Board of Trustees is authorized to accept advances of funds or work in-kind from any source, including, but not limited to, private persons or private entities, and may provide, by resolution, for the use of those funds or that work in-kind for any authorized purposes, including, hut not limited to, paying any costs incurred by the local agency in creating a community facilities district. The legislative body may also enter into an agreement, by resolution, with the person or entity advancing the funds or work in-kind, to repay all or a portion of the funds advanced provided that certain conditions are met. The conditions to be satisfied require that (1) the proposal to repay the funds or the value or cost of the work in-kind must be included in the resolution of intention for the proposed community facilities district and in the resolution of formation for the proposed community facilities district, (2)that any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act and that if not approved, any funds which have not been committed for any authorized purpose by the time of the election must be returned to the person or entity advancing funds, and (3) any work in-kind accepted shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority, of the local agency. J. The City, the School District and the Owner are desirous of entering into this Agreement in accordance with Government Code Section53314.9 in order to provide a mechanism by which the Owner may advance certain costs related to the formation of the District and the Facilities to be financed by the District, when and if formed, and to set forth the conditions upon which the District will reimburse the Owner for the amounts advanced to form the District and upon which the District will finance the School Facilities and acquire the City Acquisition Facilities from the Owner. K. The School District and the Owner represent that the School District and Richland Pinehurst, Inc. (the "Original Owner") entered into a School Facilities and Funding Agreement (the "Mitigation Agreement"), dated April 15, 2005, which Mitigation Agreement was assigned to Owner and Hill Country, S.A. Ltd. (collectively herein, the "Successors"). AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Proposed Formation of District. At the request of the Owner, the School District shall conduct proceedings pursuant to the Act to form the District to finance the Facilities. The School District shall also conduct proceedings pursuant to the Act to authorize the District to incur bonded indebtedness in an amount not to exceed $30,000,000 for the purpose of financing the design, construction and acquisition of the Facilities. The City is not directly or indirectly approving or responsible in any way whatsoever for the levy of special taxes within the District, or any improvement area therein, nor is the City directly or indirectly approving or responsible in any way whatsoever for the issuance of bonds by or for the District or the payment of principal of antUor interest on such bonds. The City shall not be responsible in any way whatsoever for the costs of the proceedings described in the first paragraph of this Section 2, or ongoing administration of the CFD, or of any bonds issued by or on behalf of the CFD. 3. Reimbursement Procedure. The Owner agrees that any work in-kind to be performed by or on behalf of it and to be accepted by the City shall be performed or constructed as if the work had been performed or constructed under the direction and supervision, or under 3 the authority, of the City. In the event it is not so performed or constructed, the Owner shall not be entitled to reimbursement for it. It is the intention of the parties to make any work that is undertaken or expenses that are incurred by or on behalf of the Owner with respect to the City Facilities eligible for reimbursement when and if the District is formed and notes and/or bonds are issued. It is agreed that any "cost" and "incidental expense" (as those terms are defined in Government Code Section 53317) incurred with respect to any of the City Facilities shall be eligible for reimbursement only when and if the District is formed and notes and/or bonds are issued; provided that the Owner will be reimbursed only if all City policies with respect to reimbursement, including those set forth herein, have been satisfied as of the date that reimbursement is to be made. 4. Sale of Bonds and Use of Proceed~ In the event the District is formed, the Board of Trustees of the School District acting as the legislative body of the District expects to finance the design, construction and acquisition of the Facilities by issuing bonds in one or more series (collectively, the "Bonds"). After payment of the costs of issuing each series of Bonds, the funding of a bond reserve fund and capitalized interest for each series of Bonds, and administrative expenses, there shall first be reserved from the Bond proceeds approximately $5,365,052 to finance the School Facilities and with a portion of the balance remaining thereafter to be available to finance the City Facilities of approximately $5,365,000. In any event, the School District and the District shall ensure that the School Facilities will be financed by a larger share of the proceeds of the bonds issued by or for the District than the share of such proceeds to be used to finance the City Facilities. The Bonds shall be issued only if in its sole discretion the Board of Trustees determines that all requirements of state and federal law and all School District policies and City Policies described herein have been satisfied or waived by the School District or the City, as applicable. In no event shall the Owner have a right to compel the issuance of the Bonds. Upon the issuance and sale of the Bonds, the bond indenture or fiscal agent agreement with respect to the Bonds shall provide for the establishment of a separate account in the construction or improvement fund for the Bonds for the City Facilities (the "City Facilities Account"). An amount equal to the School Facilities Proceeds shall be deposited in the Etiwanda School Facilities Account and the remainder of the net proceeds of the Bonds shall be deposited in the City Facilities Account, the CVWD Account, the Chaffey Facilities Account, the Flood Control District Facilities Account, and any other accounts. The City shall have no responsibility whatsoever to review or approve the bond indenture or fiscal agent agreement with respect to the Bonds or any series thereof. The District shall pay disbursements out of the proceeds of the sale of Bonds deposited in the City Facilities Account to the Owner to make payments for the City Facilities as provided in Section 9 herein. The District shall maintain records relating to the disbursements of proceeds of the sale of the Bonds. The Owner acknowledges that the acceptance and approval of reimbursement for the City Facilities shall be in all respects subject to the approval of the City in accordance with this Agreement. 4 Upon the issuance of Bonds and receipt by the School District of a written requisition from the Owner, the School District shall cause the District to disburse and deliver to the City the amount of Bond proceeds requested in the requisition to fund City Fees, not to exceed the amount determined to be available for financing City Fees. As proceeds of the Bonds are transferred to the City to fund City Fees, the City agrees that Owner shall receive a credit, in an amount equal to the amount of such Bond proceeds so received, against the City Fees required to be paid by the Owner in connection with the development of the Property. Nothing herein shall supersede the obligation of any owner of the Property to pay City Fees to the City when due. The parties hereto agree that neither the District nor the School District will have any liability to the City or the Owner for a shortfall in funding in the event that the available Bond proceeds are inadequate to finance any contract pertaining to the design, engineering, construction or acquisition of the City Acquisition Facilities. The parties hereto further agree that the City shall have no liability whatsoever to the Owner, the School District or the District in connection with the reimbursement to the Owner for the City Acquisition Facilities or the payment of the City Fees. 5. Construction. The Owner will complete the design of the City Acquisition Facilities and the plans and specifications for construction of the City Acquisition Facilities (hereinafter the "Plans and Specifications") in a form and substance, which is satisfactory to the City. Upon approval of the Plans and Specifications by the City, the Owner may proceed with the construction of the City Acquisition Facilities in accordance with the provisions of Section 6 hereof. 6. Public Works Requirements. In order to insure that the City Acquisition Facilities will be constructed as if they had been constructed under the direction and supervision, or under the authority of, the City, so that they may be acquired by the City pursuant to Government Code Section 53313.5, the Owner shall comply with all of the following requirements: (a) Bids shall be solicited from at least three (3)qualified contractors; provided at least three (3) qualified contractors are reasonably available. The Owner may also directly solicit bids. (b) The bidding response time shall be not less than ten (10) working days. (c) An authorized representative of the City shall be provided a copy of the tabulation of bid results. (d) Contract(s) for the construction of the City Acquisition Facilities shall be awarded to the qualified contractor(s) submitting the lowest responsible bid(s), as determined by the Owner. (e) The contractor to whom a contract is awarded shall be required to pay not less than the prevailing rates of wages pursuant to Labor Code Sections 1770, 1773 and 1773.1. A current copy of applicable wage rates shall be on file in the Office of the City Engineer, as required by Labor Code Section 1773.2. 5 (f) Said contractors shall be required to furnish labor and material payment bonds and contract performance bonds in an amount equal to 100 percent of the contract price naming the Owner and the City as obligees and issued by insurance or surety companies approved by the City. All such bonds shall be in a form approved by the City's Public Works Department. (g) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the City Acquisition Facilities, which they will construct in conformance with the City's standard procedures and requirements. (h) The Owner and all such contractors shall comply with such other requirements relating to the construction of the City Acquisition Facilities which the City may impose by written notification delivered to the Owner and each such contractor at any time either prior to the receipt of bids by the Owner for the construction of the City Acquisition Facilities or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. The Owner shall provide proof to the City, at such intervals and in such form as the City may require, that the foregoing requirements have been satisfied as to all of the City Acquisition Facilities. 7. Inspection; Completion of Construction. The City shall have primary responsibility for providing inspection of the work of construction of the City Acquisition Facilities to insure that the work of construction is accomplished in accordance with the Plans and Specifications. The City's personnel shall have access to the site of the work of construction at all reasonable times for the purpose of accomplishing such inspection. Upon the completion of the construction of each of the City Acquisition Facilities (or any approved portion) to the satisfaction of the City's inspectors, the Owner shall notify the City in writing that the construction of the City Acquisition Facilities has been completed in accordance with the Plans and Specifications. Upon receiving such written notification from the Owner, and upon receipt of written notification from its inspectors that construction of the City Acquisition Facilities has been completed in accordance with the Plans and Specifications and the City's standard requirements, the City shall in a timely manner notify the Owner in writing that the construction of the City Acquisition Facilities has been satisfactorily completed. Any costs incurred by the City in inspecting and approving the construction of the City Acquisition Facilities not previously paid by the Owner shall be reimbursed from the proceeds of the Bonds of the District, if available. Notwithstanding the timing of substantial completion or final completion and acceptance of the City Acquisition Facilities, the Owner may submit a payment request upon substantial and/or final completion of a City Acquisition Facility. The form of payment request to be submitted to the City by the Owner in requesting payment by the District of the acquisition price or funding with respect to the City Acquisition Facility shall be substantially in the form of Exhibit "D-I' hereto. Within ten (10) business days of the Owner's submission to the City of a payment request, the City shall determine if the City Acquisition Facility has been substantially completed and shall either deny or approve the payment request solely upon the determination 6 I whether the City Acquisition Facility has been substantially completed, which approval shall not be unreasonably withheld. If the City denies any payment request it shall provide the Owner a detailed written explanation describing the reasons or rationale for such denial. All denied payment requests may be resubmitted for approval. The Owner shall reimburse the City for its actual costs incurred in connection with the processing of such payment requests, including the inspection of the City Acquisition Facilities and such amounts shall be included in the acquisition price paid by the District. The City's sole responsibility with respect to any payment request shall be to confirm that the City Acquisition Facility described in such payment request has been substantially completed in accordance with the Plans and Specifications. The City shall have no responsibility whatsoever to determine the adequacy, accuracy, completeness or reasonableness of the payment request itself and/or the acquisition price requested to be paid for any City Acquisition Facility. Within ten (10) days of the School District's receipt of a signed payment request, the School District shall authorize payment of the disbursement request by the trustee or fiscal agent for the Bonds. 8. Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Owner shall provide to the City such evidence or proof as the City shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the City Acquisition Facilities have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, the Owner may elect to provide to the City a title insurance policy or other security acceptable to the City guaranteeing that no such claims of liens will be recorded or become a lien upon the Property with priority over the lien of the special taxes to be levied thereon in the proceedings for the formation of the District. 9. Acquisition; Acquisition Price; Source of Funds. Provided the Owner has complied with the requirements of this Agreement and completed the construction of each City Acquisition Facility in accordance with the Plans and Specifications, the City agrees to assume ownership of each City Acquisition Facilities from the Owner. The price to be paid by the District for the acquisition of the City Acquisition Facilities shall be the lesser of the amount of Bond proceeds available for the City Acquisition Facilities or the total of the actual costs incurred by the Owner to design, plan, engineer, construct, install, and test the City Acquisition Facilities. The City shall have no responsibility whatsoever for determining the price to be paid by the District for the acquisition of any City Acquisition Facility. For purposes of determining the acquisition price to be paid by the District for the acquisition of such City Acquisition Facilities, the value of such facilities shall be based on the Actual Costs submitted by the Owner, as that term is defined in Exhibit "C" attached hereto and incorporated herein by reference. As a condition to the payment of such acquisition price, the Owner shall transfer ownership of the City Acquisition Facilities to the City by grant deed, bill of sale or such other documentation as the City may require. Upon the transfer of ownership of the City Acquisition Facilities or any portion thereof from the Owner to the City, the City shall be responsible for the maintenance of the City Acquisition Facilities or the portion transferred. Notwithstanding the ~foregoing, the acquisition price of any of the City Acquisition Facilities may be paid prior to transfer of ownership and acceptance if it is substantially completed at the time of payment. A City 7 /q3 Acquisition Facility shall be considered "substantially complete" when it has been reasonably determined by the City to be usable by the public for the purpose for which it is intended, subject only to final completion of such items as are not essential to the primary use or operation of such City Acquisition Facility. Park improvements shall be considered substantially complete prior to conclusion of a "growing in" or maintenance period provided the Owner has provided performance bonds for the maintenance and replacement of any defective materials. Roadway improvements shall be considered substantially complete upon completion of all curb to curb improvements and street lighting, but excluding the final asphalt cap and sidewalks. If the costs of the City Acquisition Facilities are greater than the amount of the Bond proceeds available for City Acquisition Facilities, none of the District, the School District or the City is in any way obligated to pay the Owner and any difference is the sole responsibility of the Owner. Upon completion of the construction of the City Acquisition Facilities, the Owner shall deliver to the City copies of the contract(s) with the contractor(s) who have constructed the City Facilities or other relevant documentation with regard to the payments made to such contractor(s) and each of them for the construction of the City Acquisition Facilities, and shall also provide to the City invoices and pumhase orders with respect to all supplies and materials pumhased for the construction of the City Acquisition Facilities. The City shall require its city engineer (the "City Engineer") to complete its determination of the value of the City Acquisition Facilities as promptly as is reasonably possible. Notwithstanding th6 preceding provisions of this section, the sole source of funds for the acquisition by the City of the City Acquisition Facilities or any portion thereof shall be the proceeds from the sale of the Bonds made available by the District pursuant to Section 2 above. If for any reason beyond the City's control the proceedings for the formation of the District are not completed or the Bonds are not sold, the City shall not be required to acquire the City Acquisition Facilities from the Owner. In such event, the Owner shall complete the design and construction and transfer to the City ownership of such portions of the City Acquisition Facilities as are required to be constructed by the Owner as a condition of the Development Approvals, but need not construct any portion of the City Acquisition Facilities which it is not so required to construct. 10. Easements. The Owner shall at the time the City acquires the City Acquisition Facilities as provided in Section 9 hereof, grant to the City, by appropriate instruments prescribed by the City, all easements on private property which may be reasonably necessary for the proper operation and maintenance of the City Acquisition Facilities, or any part thereof. 11. Maintenance. Prior to the transfer of ownership of the City Acquisition Facilities by the Owner to the City, as provided in Section 9 hereof, the Owner shall be responsible for the maintenance thereof and shall maintain and transfer the City Acquisition Facilities to the City in as good condition as the City Acquisition Facilities were in at the time the Owner notified the City that construction of same had been completed in accordance with the Plans and Specifications. 8 Iqq 12. Inspection of Records. The District and the School District shall have the right to review all books and records of the Owner pertaining to costs and expenses incurred by the Owner for the design and construction of the City Acquisition Facilities during normal business hours by making arrangements with the Owner. The Owner shall have the right to review all books and records of the City pertaining to costs and expenses incurred by the City for the services of the City Engineer by making arrangements with the City. 13. Ownership of Facilities. Notwithstanding the fact that some or all of the City Acquisition Facilities may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated to the City, the City Acquisition Facilities shall be and remain the property of the Owner until acquired by the City as provided in the preceding sections of this Agreement. Such ownership by the Owner shall likewise not be affected by any agreement which the Owner may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et. seq of the Government Code, which may contain or include provisions with respect to the construction and ownership of public facilities which may seem to be contradictory to the provisions of this Agreement, and the provisions of this section shall control. 14. Improvement Security; Maintenance Bond Notwithstanding the provisions of this Agreement, the Owner shall be required to secure the construction and completion of construction of the City Acquisition Facilities as required by Sections 66499 through 66499.10 of the Government Code. 15. Independent Contractor. In performing this Agreement, the Owner is an independent contractor and not the agent of the School District, the District or the City. None of the School District, the District or the City shall have any responsibility for payment to any contractor or supplier of the Owner. It is not intended by the parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed. 16. Investment Earnings and Accountability. The City shall assist the School District in complying with the arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations which relate thereto, by keeping accurate records of the investment earnings on any and all investments which the City may make with amounts drawn on the City Facilities Account and at the end of each fiscal, year shall provide to the School District and its consultants such records and documents as they may reasonably request to enable them to determine the nature of any such investments and the interest earnings thereon for purposes of determining whether any portion thereof must be rebated to the United States of America as rebateable arbitrage earnings. The District shall reimburse the City for its administrative costs incurred in connection with such recordkeeping to the extent of available special tax revenues for administrative purposes. Upon the District's request, the Owner shall provide the District with a description of the status of construction of all City Acquisition Facilities authorized to be constructed by the Owner for acquisition with Bond proceeds pursuant to this Agreement. 17. Indemnification; Insurance. The Owner shall assume the defense of, indemnify and save harmless, the School District, the District, the City, their respective officers, employees, and agents, and each and every one of them, fi.om and against all actions, damages, claims, 9 losses or expenses of every type and description to which they may be subjected or put (including reasonable attorney fees and costs), by reason of, or resulting from the design, engineering and construction of the City Acquisition Facilities and any act or omission of the Owner, including without limitation any material misstatement or materially misleading information provided by the Owner in connection with this Agreement and the issuance of the Bonds. No provision of this Agreement shall in any way limit the extent of the Owner's responsibility for payment of damages resulting from the operations of the Owner and its contractors; provided, however, that the Owner shall not be required to indemnify any person or entity as to damages resulting from negligence, recklessness, or willful misconduct of such person or entity or their agents or employees. The Owner shall furnish to the City a certificate or certificates of insurance substantiating that it has obtained for the entire period of the construction of the City Acquisition Facilities a policy of comprehensive general liability insurance with coverage broad enough to include the Owner's contractual obligations under this section and having a combined single limit of liability in the amount of $2,000,000. Said certificate of insurance shall include an endorsement naming the School District, the City, and their respective officers, employees and agents as additional insureds. The Owner's obligations pursuant to this section shall cease upon the acquisition of the City Facilities by the City as provided in Section 9 hereofi District and School District shall defend, indemnify and hold harmless the City, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting from, or arising out of the District proceedings as described in Section 2 hereto, the authorization of the levy of special taxes and the issuance of bonds by or for the District to finance the City Facilities, the administration of the District and the bonds issued by or for the District, the levy of special taxes by or for the District and the issuance of bonds by or for the District, and initial and continuing disdlosure related to such bonds and all expenses of investigating and defending against same. 18. City Policies. The rate and method of apportionment of the special taxes authorized to be levied by the District, the bonds issued by or for the District and the disclosure of the District to prospective purchasers of property within the District shall conform to the provisions of the City Policies entitled "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues" and "Disclosure to Prospective Property Purchasers in CFDs," respectively. A copy of the City Policies is attached as Exhibit E hereto and is incorporated herein by this reference. Nothing in this section shall be deemed to prohibit or waive the application of School District policies that are more restrictive than the City Policies. 19. Termination. If the District is unable to sell the Bonds or the required conditions are not met, this Agreement shall terminate and be of no further force and effect. 20. Disclosure and Accountability. The Owner shall cooperate with the District and the School District in complying with the requirements of Rule 15c2-12 of the Securities and Exchange Commission in connection with the issuance and sale of the Bonds. The Owner acknowledges that, due to the extent of its current property ownership in the District, it may be an "obligated person" under Rule 15c2-12(b)(5). In connection with the foregoing, the Owner 10 agrees to enter into a continuing disclosure undertaking that so long as it remains an obligated person it will annually, at the time specified in such undertaking, provide information to the District and the School District regarding the Owner's financial condition, including, if available, audited financial statements, to be included in the annual reports to be filed with the Nationally Recognized Municipal Securities Repositories which are identified by the Securities and Exchange Commission and any state information depository that may be designated for the State of California, as required by such rule. In addition, the Owner shall provide to the District, as requested by the District, a description of the status of construction of the City Acquisition Facilities authorized to be constructed by the Owner. The City shall have no responsibility whatsoever to ensure Owner's compliance with the provisions of this Section 20 nor shall the City have any responsibility whatsoever to ensure that the original or continuing disclosure related to any bonds or other securities issued by or for the District complies with any federal or state securities laws. 21. Assignment. Nothing in this Agreement shall in any way limit the right or ability of the Owner to assign its rights pursuant to this Agreement to a purchaser of all or any portion of the Property (a "Transfer") without the consent of the District, provided that: (i) the Owner gives the District written notice bf the Transfer within ten (10)days, and (ii)the transferee assumes all obligations of the Owner under this Agreement with respect to the portion of the Property transferred. If these conditions are met, the School District, the City and the District agree to look solely to the transferee for performance of the Owner's obligations under this Agreement. 22. Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto. 23. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: 11 /q7 TO DISTRICT: ETIWANDA SCHOOL DISTRICT 6061 East Avenue Rancho Cucamonga, CA 91739 Attn: Superintendent TO CITY: CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager TO OWNER: Richland Tracy, Ltd. 4100 Newport Place, Suite 800 Newport Beach, CA 92660 Attn: John Schafer Each party may change its address for delivery of notice by delivering written notice of such change of address to the other parties hereto 24. Notice of Zone. Change. The City and the Owner shall provide written notice to the District of any change in the zoning of any portion of the Property upon approval of such zone change. 25. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference. 26. Severabilit¥. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 27. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 29. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parties hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other parties with the terms of this Agreement thereafter. 30. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the School District, the District and the Owner (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 31. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 32. Attorney Fees~ In the event of any action or proceeding brought by any party hereto against any other party under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and all fees, costs and expenses incurred for prosecution, defense, consultation, or advice in such action or proceeding. In addition to the foregoing, the prevailing party shall be entitled to its reasonable attorneys' fees and all fees, costs and expenses incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 33. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. [Signatures on following page] 13 IN WITNESS WHEREOF, the parties have duly executed this Joint Community Facilities Agreement as of the date first set forth above. "SCHOOL DISTRICT" ETlWANDA SCHOOL DISTRICT By: Name: Its: ATTEST: Secretary to the Board of Trustees "CITY" CITY OF RANCHO CUCAMONGA By: Name: Its: ATTEST: City Clerk "OWNER" RICHLAND TRACY, LTD., a Florida limited partnership doing business in California as Richland Tmcy, Ltd. By: Richland Stone Oak, Inc. a Florida corporation its general partner By: Name: Its: By: Name: Its: 14 EXHIBIT "A" DESCRIPTION OF PROPERTY Landowner Tract APN Acreage Richland Tracy, Ltd. 16072 225-083 - 15 6.98 4100 Newport Place 225 -083 - 16 13.02 Suite 800 Newport Beach, CA 92660 A-1 EXHIBIT "B" DESCRIPTION OF FACILITIES The following improvements are eligible for acquisition or funding as City Facilities: Description of Improvement Estimated Cost~ Public improvements to be constructed with the following development fees required as a part of the conditions to development in Tract No. 16072 and described as follows: Park Fees $ 2,362,800 Equestrian Fees $ 358,000 Less Master Plan Drainage Fees ($ 834,713) Less City Park Fee Credit ($ 600,000) Storm Drain Improvements $ 2,156,980 Channel Improvements $1,968,131 Street Improvements $1,447,765 Landscaping Improvements $ 868,394 Total City Facilities $ 7,727,357 These are eshmated construction costs only. The actual costs of any improvement may be more or less than those estimated herein. B-1 EXHIBIT "C" ELIGIBLE COSTS The eligible costs for the City Acquisition Facilities shall include all of the actual costs and expenses, directly or indirectly related to the design, planning, engineering, construction, installation and testing of the City Acquisition Facilities (the "Actual Costs"). Actual Costs shall include without limitation, the following: 1. Costs for the construction of the City Acquisition Facilities, including employment of licensed contractor(s) to construct, install, complete and test the City Acquisition Facilities. 2. Allocated grading costs based upon the square footage of grading area for the City Acquisition Facilities and the grading of slope areas relating to the City Acquisition Facilities as a percentage of the total graded area under the applicable grading contract. 3. All permit fees, inspection fees and other fees customarily charged by governmental agencies or other entities, including the City, arising out of or in connection with the design, planning, engineering, construction, installation or testing of the City Acquisition Facilities. 4. Costs of tests, inspections, studies, reports and surveys, including, without limitation, any environmental, archaeological, biological or cultural studies or any mitigation requirements that may be requested by federal, state or local agencies evaluations attributable to the City Acquisition Facilities. 5. Professional costs and fees associated with design, engineering, accounting, inspection, construction staking, materials testing, legal and accounting and other similar services. 6. Costs of labor and material payment bonds and contract performance and maintenance bonds. 7. Builder's risk insurance, employer's liability insurance and comprehensive liability insurance obtained with respect to the City Acquisition Facilities. 8. Costs of acquiring from unrelated third parties any fee or easement interest in real property or licenses or encroachment permits to install the City Acquisition Facilities, including, without limitation, temporary construction easements, haul road and maintenance easements, the cost to prepare surveys, deeds and easement documents, and professional and escrow fees. 9. Construction and project management and supervision (which costs may include the Owner's internal cost allocations) not to exceed 10% of the costs of construction of the related City Acquisition Facilities. 10. Costs and expenses of the City in connection with the performance of its obligations under this Facilities Agreement, including, but not limited to, (i) attorneys, C-1 accountants and other professionals retained in connection with the City's compliance with this Facilities Agreement or any matter related to the design, planning, engineering, construction, installation or testing of the City Acquisition Facilities, and (ii) employee time to review the Plans and Specifications, inspect the construction and installation of the City Acquisition Facilities and process payment requests. C-2 EXHIBIT "D" FORM OF PAYMENT REQUEST The undersigned hereby requests payment fi.om the City Facilities Account of the Acquisition and Construction Fund, or any applicable account or subaccount thereof, established by Pinehurst Public Facilities Community Facilities District No. 2005-1 (the "CFD") in connection with Series 200__ Special Tax Bonds (the "Bonds"), an amount equal to $ for the City Acquisition Facilities (as defined in the Joint Community Facilities Agreement by and among the Etiwanda School District (the "School District"), the City o£ Rancho Cucamonga (the "City") and Richland Tracy, Ltd., a Texas limited partnership (the "Owner"), dated ,2005 (the "Facilities Agreement"), all as more £ully described in Attachment I hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to the City as follows: 1. He (she) is a duly authorized officer or representative of the Owner, qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein. 2. All costs of the City Acquisition Facilities (as defined in the Facilities Agreement) for which payment is requested hereby are those Actual Costs (as described in Exhibit "C" to the Facilities Agreement) and have not been inflated in any respect. The Actual Costs for which payment is requested have not been the subject of any prior disbursement request submitted to the CFD. 3. Supporting documentation (such as third party invoices, lien releases and cancelled checks or other evidence of payment) is attached with respect to each cost for which payment is requested. 4. The City Acquisition Facilities for which payment is requested were constructed in accordance with the requirements of the Facilities Agreement. 5. The undersigned is in compliance with the terms and provisions of the Facilities Agreement and no portion of the amount being requested to be paid was previously paid. 6. The acquisition price for the City Acquisition Facilities (a detailed calculation of which is shown in Attachment 1 hereto) has been calculated in conformance with the terms of the Facilities Agreement. 7. Please authorize payment of the acquisition price by the CFD to the following entity(ies), if other than the undersigned, in the amounts or percentages indicated: [Insert names of payees and amounts or percentages] D-1 I declare under penalty of perjury that the above representations and warranties are true and correct. Date: HILL COUNTRY, S.A. LTD., a Texas limited partnership doing business in California as Hill Country, S.A., L.P. By: Richland Stone Oak, Inc. a Texas corporation its general partner By: Name: Its: By: Name: Its: The City of Rancho Cucamonga hereby confirms the substantial completion of the City Acquisition Facility described in Attachment 1. Date: CITY OF RANCHO CUCAMONGA By: Its: D-2 ATTACHMENT 1 SUMMARY OF CITY ACQUISITION FACILITIES TO BE ACQUIRED AS PART OF PAYMENT REQUEST City Acquisition Disbursement Facilities Actual Costs Requested [List here City Acquisition Facilities for which payment is requested and attach supporting documentation] D-3 EXHIBIT "E" CITY OF RANCHO CUCAMONGA STATEMENT OF GOALS AND POLICIES FOR THE USE OF THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Amended and Restated August 17, 2005 CITY OF RANCHO CUCAMONGA STATEMENT OF LOCAL GOALS AND POLICIES FOR THE USE OF THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Introduction, The City Council of the City of Rancho Cucamonga (the "City Council") hereby amends and restates its goals and policies concerning the use of Chapter 2.5 of Part I of Division 2 of Title 5 of the Government Code of the State of California (the "Act") in providing adequate public infrastructure improvements for the City of Rancho Cucamonga (the "City"). The following amended and restated goals and policies shall apply to all Community Facilities Districts (each a "CFD") hereafter formed or proposed to be formed by the City and to requests from other public agencies for the City to enter into joint community facilities agreements pertaining to community facilities districts proposed to be formed by such public agencies. Any policy or goal stated herein may be supplemented or amended by resolution of the City Council. The purpose of this Statement of Goals and Policies is to provide the City staff, the residents of the City and the owners and developers of property located within the City with guidance in the application for and consideration of the establishment of community facilities districts within the City for the purpose of financing or assisting in financing the acquisition or construction of public infrastructure to benefit and serve either existing or new development or a combination thereof. It is also the purpose of this Statement of Goals and Policies to provide guidance to any other public agency considering the formation of a community facilities district to finance improvements to be owned by the City as well as such public agency regarding the criteria which the City Council will apply in considering the approval of a joint community facilities agreement with any such public agency. The underlying principals behind this policy are the protection of the public interest, assuring fairness in the application of special taxes to current and future property owners, assuring full disclosure of the existence of any special tax liens, insuring the creditworthiness of any CFD bonds, protecting the City's credit rating and financial position and assuring that applicants for all community facilities district proceedings other than City initiated proceedings pay all costs associated with the formation of any CFD. The scope of this policy is limited to the proposed formation of community facilities districts by (a) the City for the limited purpose of financing or assisting in financing the acquisition or construction of public infrastructure or to provide funding for services or maintenance or (b) any other public agency to finance improvements to be owned by the City. The City is under no obligation to issue CFD Bonds. The ability to issue CFD Bonds depends upon the particular facts and circumstances of each CFD. When issuing CFD Bonds, the developer must agree to cooperate in connection with any covenants or other requirements that may be necessitated by tax-exempt bonds. Priorities for CFD FinancinR/Fundin~l. The priority that various kinds of public facilities or services will have for financing or funding through the City's use of the Act is as follows: E-! (a). public facilities to be owned and operated by the City and or the Rancho Cucamonga Fire Protection District (the "Fire Protection District")that provide a demonstrated public benefit; and (b). public services to be performed by the City and or the Fire Protection District (c). public facilities to be owned and operated by a public agency other than the City or the Fire Protection District. Examples of a demonstrated public benefit may include, but are not limited to, the following: 1. Construction of a major public facility which meets a community need, e.g., a major arterial which will provide a vital roadway facility to alleviate congestion, park or recreational facilities intended to serve residents throughout the City, water storage facilities which will remedy inadequate fire flow, and storm drainage facilities which are a part of the storm drainage master plan. 2. Construction of public infrastructure sooner than would otherwise be required for a particular development project. 3. Construction of public infrastructure to serve commercial or industrial projects that will expand the City's employment and/or sales tax base. Equity of Special Tax Formulas and Maximum Special Taxes for CFDs Reasonable Basis of Apportionment. Special taxes must be allocated and apportioned on a reasonable basis to all categories and classes of property (other than exempt property) within the CFD. Exemptions from the special tax may be given to parcels which are publicly-owned, held by property owners associations, used for a public purpose such as permanent open space or wetlands, or affected by public utility easements making impractical their utilization for other than the purposes set forth in the easement. Total Tax Burden, The total tax burden (that is, the anticipated maximum annual CFD special tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees and charges payable from and secured by the property) on any residential owner-occupied parcel in a CFD shall not exceed 1.85% of the estimated base sales price of such parcel upon completion of the public and private improvements relating thereto. Rate and Method of Apportionment. The rate and method of apportionment for CFD special taxes. must be structured so as to produce special tax revenues sufficient to (a) pay scheduled debt service on all CFD bonds, (b) pay annual services or maintenance expense if applicable, (c) fund any amounts required to establish or replenish any reserve fund established for a CFD bond issue, and (d) pay reasonable and necessary annual administrative expenses of the CFD. Additionally, the rate and method of apportionment may be structured so as to produce amounts sufficient to fund (a) amounts to pay directly the costs of public facilities authorized to be financed by the CFD, (b) the accumulation of funds reasonably required for future debt service on CFD bonds, (c) amounts equal to projected delinquencies in special tax payments, (d) remarketing, credit enhancement or liquidity fees, and (e) any other costs or payments permitted by law. In any case, the rate and method of apportionment must be structured such that the projected maximum special tax that could be levied in any fiscal year would produce special tax revenues at least equal to (a) 110% of projected annual debt service on all CFD bonds for the calendar year commencing in such fiscal year, plus (b) projected administrative expenses of the CFD for the calendar year commencing in such fiscal year. Generally, the rate and method of apportionment for CFD special taxes will be required to include a back-up tax to ensure that changes in development within the CFD would not result in the inability to levy special taxes that would produce special tax revenues in such amounts. Increases in Special Tax. The maximum special tax authorized to be levied on any parcel used or authorized to be used for residential purposes to finance the acquisition or construction of public facilities shall not escalate. The maximum special tax authorized to be levied on any parcel used or authorized to be used for non-residential purposes to finance the acquisition or construction of public facilities shall not escalate more than two percent (2%) per year. The increase in the special tax authorized to be levied on any parcel within a CFD as a consequence of delinquency or default by the owner of any other parcel may not exceed the maximum, if any, specified in the Act. The maximum special tax authorized to be levied on any parcel, whether authorized to be used for residential or non-residential purposes, to finance maintenance or services may be subject to annual escalation as provided for in the rate and method of apportionment of such special taxes to compensate for inflationary increases in the costs of providing such maintenance or services. Prepayment of Special Tax Obligation. Generally, the rate and method of apportionment of a special tax for a CFD will be structured so as to allow the prepayment of the full amount of the special tax obligation by property owners. Partial prepayments of the special tax obligation by property owners will not be allowed. Use of Special Tax Proceeds. Generally, the rate and method of apportionment of a special tax for a CFD may not be structured so as to permit the use of special tax coverage to reimburse a Developer for acquired public facilities. Credit Quality Requirements for CFD Bond Issues. All terms and conditions of any CFD bonds, including, without limitation, the sizing, timing, term, interest rates, discount, redemption features, flow of funds, investment provisions and foreclosure covenants, shall be established by the City. Each CFD bond issue shall be structured to adequately protect bond owners and to avoid negatively impacting the bonding capacity or credit worthiness of the City. Unless otherwise approved by the City Council, the following shall serve as minimum CFD bond requirements: Project Viability. The viability of the development project within a CFD is a critical component of the credit quality of a CFD bond issue. Accordingly, the viability of each such development project will be reviewed and evaluated by the City. Under most circumstances, the viability of a development project is enhanced as the project moves further through the development process. Therefore, generally, a CFD will be established only if tract or parcel maps for the development project to be undertaken therein have been approved by the City Council and the project is consistent with the City's General Plan. ~.-3 Statutory Requirements. The City will require that the credit quality of any CFD bond issue be such that the requirements of Section 53345.8 of the Government Code will be met. Reserve Fund. In order to enhance the credit quality of CFD bond issues, the City will require that each such bond issue be secured by a reserve fund. Generally, each such reserve fund will be required to be funded (with cash or an acceptable reserve surety or other credit facility) in an amount no less than the least of (a) 10% of the initial principal amount of the bonds of such issue, (b) maximum annual debt service on the bonds of such issue, and (c) 125% of the average annual debt service on the bonds of such issue. Any reserve surety or other credit facility funding all or any portion of such a reserve fund will generally be required to be issued or guaranteed by an entity, the long term unsecured obligations of which are rated at least "A" by Moody's Investors Service or Standard & Poor's Ratings Service. Credit Enhancement. Where a substantial amount of the property within a CFD is undeveloped, the City may require credit enhancement to increase the credit quality of any bond issue for such CFD. The credit enhancement will be in the amount equivalent to two (2) years of debt service payments on the bonds as security for the amount of future special taxes to be paid. The credit enhancement shall remain in place until the special tax burden of the property owner providing the credit enhancement falls below 20 % of the aggregate special tax burden for such CFD. Capitalized Interest. Interest shall be capitalized for a bond issue only so long as necessary to place the special tax installments on the assessment roll; provided, however, interest may be capitalized for a term to be established in the sole discretion of the City Council on a case-by-case basis, not to exceed an aggregate of 18 months, taking into consideration the value-to-debt ratio, the expected timing of initial residential occupancies, expected absorption and build out of the project, the expected construction and completion schedule for the public improvements to be funded from the proceeds of the bond issue in question, the size of the bond issue, the development pro forma and the equity position of the applicant and such other factors as the City Council may deem relevant. Bond Structure. The term to maturity of any CFD bonds shall not exceed the maximum term specified in the Act. Principal amortization of CFD bonds shall commence no later than the end of the second bond year. CFD bonds shall be structured such that, once principal amortization thereof has commenced, debt service thereon will be substantially level. Limited Obligations. Neither the faith, credit or taxing power of the City shall be pledged to the payment of CFD bonds. The sole source of revenue for the payment of CFD bonds shall be the special taxes (net of a reasonable amount determined by the City to pay the annual costs of administration of the CFD and the CFD Bonds), capitalized interest, if any, credit enhancement, if any, and moneys on deposit in the reserve fund established for such bonds. Appraisals for CFD Bond Issues. The definitions, standards and assumptions to be used in appraisals required in connection with the City's use of the Act for CFDs are as set forth in the Appraisal Standards for Land Secured Financings published by the California Debt Advisory Commission and originally dated May 1994 and modified July 2004 (the "CDIAC Guidelines"). Notwithstanding the foregoing, if there is a conflict between the definitions, standards or assumptions in the CDIAC Guidelines and the corresponding definitions, standards or assumptions in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation ("USPAP"), USPAP shall govern. Independent Absorption Study. An independent absorption study of any proposed residential development project within a proposed CFD shall be required for the formation of such CFD. The independent absorption study shall be used 1) as a basis to verify proposed base pricing of the residential units subject to the levy of the special tax and 2) to determine if the public financing of the public facilities is appropriate given the timing of development. The City may require an independent absorption study of any proposed industrial or commercial development within a proposed CFD. Additionally, the projected absorption rates will be provided to the appraiser for use in the appraiser. Disclosure for CFD Bond Issues. Initial Disclosure. Each owner of property within a CFD that has not reached its planned development stage and that will be responsible for the payment of special taxes representing a substantial portion (as determined by the City) of annual debt service on an issue of CFD bonds will be required to provide for inclusion in the official statement or other offering materials distributed in connection with the offering and sale of such bonds such information as may be required for the City to comply with, satisfy any requirements of, or avoid any liability under, any applicable federal or state securities laws. Continuing Disclosure. Each owner of property within a CFD, and each subsequent owner of property therein, that has not reached its planned development stage and that will be responsible for the payment of special taxes representing a substantial portion (as determined by the City) of annual debt service on an issue of CFD bonds will be required to provide such information, on an ongoing basis, as may be required for the underwriter of such bonds to satisfy the requirements imposed on it pursuant to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934. Joint Community Facilities A.qreements/Joint Powers Authority. The City will not participate in a Joint Powers Authority nor will it enter into a Joint Community Facilities Agreement ("JCFA") or a joint exercise of powers agreement ("JPA") with regard to a CFD proposed to be formed by a public agency other than the City unless (a) the proposed CFD complies with the provisions of these Goals and Policies under the headings "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues," "Disclosure to Prospective Property Purchasers in CFDs' and such other provisions as the City Council may deem applicable to the proposed CFD and (b) the public facilities to be owned by such public agency will be financed by a larger share of the proceeds of the bonds issued for such CFD than the share of such proceeds of such bonds to be used to finance the public facilities to be owned by the City. The City may require that a public agency requesting that the City enter into a JCFA or a JPA deposit, or cause to be deposited, with the City such amount as the City Manager deems necessary to enable the City staff and City financing consultants to review the proposed CFD and proposed JCFA or JPA to ensure compliance with the provisions of these Goals and Policies applicable to such CFD and such JCFA or JPA. All disclosures provided to prospective property owners within a CFD formed by another public agency in which the City has entered into a JCFA or a JPA shall clearly specify that such public agency is solely responsible for the formation of such CFD, the levy of special taxes within such CFD and the administration of such special taxes, the bonds of such CFD and such CFD itself. Such disclosures shall provide contact information for such public agency to which all questions regarding such CFD shall be directed. Such public agency shall provide a copy of all such disclosures to the City Manager. Disclosure to Prospective Property Purchasers in CFDs. The applicant for the formation of a CFD will be required to demonstrate to the satisfaction of the City Manager (when the term City Manager is used herein it shall mean the City Manager or his designee) that there will be full disclosure, in a format satisfactory to the City Council, of the special tax obligation for such CFD and of any and all ad valorem, general and other special taxes and assessments, both fixed lien and annual, levied on individual parcels within such CFD to prospective purchasers or lessees of property within such CFD, including merchant builders, residential homeowners and commercial or industrial purchasers or lessees. Such notice must include all of the following in addition to such other provisions as may be required by the Act or the applicant may deem necessary: (a). Provide for full disclosure of (i) the existence of the special tax obligation for the CFD and any ad valorem, general and other special tax obligations and any assessment, fixed lien or annual, applicable to the properties within the CFD (whether imposed by the City or any other public agency), (ii) the principal amount, if applicable, of the special tax obligation and any other applicable fixed lien assessment or special tax obligation, (ii) the term of each ad valorem, general or special tax and assessment and (iii) the projected annual amount of each such tax and assessment. (b). Disclose the option to prepay any special tax obligation for the CFD to finance public facilities or allow such special tax to be assumed by the purchaser of such property and the adjustment, if any, in the sales price of the homes or other property which will apply if the special tax lien is assumed by the purchaser. Provide the ability for the prospective purchaser to elect to exercise the option either to prepay such special tax obligation in full at or prior to the close of escrow or to have such special taxes levied annually on the property. Such disclosure shall be placed in all sales brochures, all other on-site advertising and all purchase documents. (c). Specify in all disclosure documents the name, title, telephone number and address of a representative of the City as provided by the City to the applicant who may be contacted by any prospective purchaser or lessee of property within the CFD for further information regarding the CFD and the special tax obligation. (d). Disclose the obligation, if any, of the City or the CFD' to initiate judicial foreclosure proceedings against any parcel for which the payment of special taxes utilized to pay debt service on bonds of a CFD are delinquent. The applicant must agree to provide an original copy of al~ applicable disclosure documents to the City prior to initiating property sales for review and comment by the City. Advance of Funds to Pay Formation and Issuance Costs. Except for those applications for community facilities districts where the City is the applicant, all City and consultant costs incurred in the evaluation of applications and the proceedings to form a CFD and issue CFD bonds therefore will be paid by the applicant by advance deposit with the City of moneys sufficient to pay all such costs. Each application for the formation of a CFD shall be accompanied by an initial deposit in an amount to be determined by the City Manager to be adequate to fund the evaluation of the application and undertake the proceedings to form the CFD and issue the CFD bonds therefore (collectively, the "Formation and Issuance Costs"). The City Manager may, in his or her sole discretion, permit an applicant to make periodic deposits to cover the Formation and Issuance Costs rather than a single lump sum deposit; provided, however, no such costs shall be incurred by the City in excess of the amount then on deposit for such purposes. If additional funds are required to pay required the Formation and Issuance Costs, the City Manager may make written demand upon the applicant for such additional funds and the applicant shall deposit such additional funds with the City within five (5) working days of the date of receipt of such demand. Upon the depletion of the funds deposited by applicant for Formation and Issuance Costs, all proceedings to form the CFD and/or issue the CFD bonds shall be suspended until receipt by the City of such additional funds as the City Manager may demand. The deposits shall be used by the City to pay for Formation and Issuance Costs incurred by the City incident to the evaluation of the application and the proceedings for the formation of the CFD and the issuance of the CFD bonds therefore, including, but not limited to, legal, special tax consultant, engineering, appraisal, market absorption, financial advisor, administrative and staff costs and expenses, required notifications, printing and publication costs. The City shall refund any unexpended portion of the deposits, after payment or provision for payment of all Formation and Issuance Costs previously incurred, upon the occurrence of one of the following events: (a). The formation of the CFD and the issuance of the CFD bonds; (b). The formation of the CFD or the issuance of the CFD bonds is disapproved by the City Council; (c). The proceedings for the formation of the CFD and the issuance of the CFD bonds are abandoned at the written request of the applicant; or (d). The CFD bonds may not be issued and sold. Except as otherwise provided herein, the applicant shall be entitled to reimbursement of all amounts deposited with the City to pay for Formation and Issuance Costs upon the formation of the CFD and the successful issuance and sale of the CFD bonds for the CFD. Any such reimbursement shall be payable solely from the proceeds of the CFD bonds. The City shall not accrue or pay interest on any moneys deposited with the City. The obligation of the applicant to advance funds and the reimbursement of such funds all as provided for in this section shall be memorialized in a reimbursement agreement by and between the City and the applicant in a form satisfactory to the City Manager, City Attorney and bond counsel to the City. Selection of Consultants. The City shall select, in its sole discretion, and retain all consultants necessary for the evaluation of any application and the proceedings for the formation of a community facilities district and the issuance of the special tax bonds therefore, including, but not limited to, special tax consultant, bond counsel, financial advisor, underwriter, appraiser, and market absorption consultant after consultation with the applicant and consideration of any recommendations of the applicant. Development Ri.qhts. Properties proposed to be included in a CFD must have received such discretionary land use approvals as may, in the determination of the City, be necessary to enable the City to adequately evaluate the CFD including the properties to be included and the improvements proposed to be financed. The City will issue bonds secured by the levy of special taxes within a CFD only when (i) the properties included within such community facilities district have received those applicable discretionary land use approvals which would permit the development of such properties consistent with the assumptions utilized in the development of the rate and method of apportionment of the special taxes for such community facilities district and (ii) applicable environmental review has been completed. It is the policy of the City Council in granting approval for development such as zoning, specific plan or subdivision approval to grant such approval as a part of the City's ongoing planning and land use approval process. In granting such approval, the City reserves such rights as may be permitted by law to modify such approvals in the future as the City Council determines the public health, safety, welfare and interest may require. Such approval when granted is subject to a condition that the construction of any part of the development does not, standing alone, grant any rights to complete the development of the remainder of such development. Construction of public improvements to serve undeveloped land financed through a community facilities district shall not vest any rights to the then existing land use approvals for the property taxed for such improvements or to any particular level, type or intensity of development or use. Applicants for a CFD must provide an express acknowledgment of this policy and shall expressly waive on their behalf and on behalf of their successors and assigns any cause of action at law or in equity including, but not limited to, taking or damaging of property, for reassessment of property or denial of any right protected by USC Section 1983 which might be applicable to the properties to be assessed. Application Procedure for CFD's. Any application for the establishment of a CFD shall contain such information and be submitted in such form as the City Manager may require. In addition to such other information as the City Manager may require, each application must contain: (a). Proof of authorization to submit the application on behalf of the owner of the property for which the application is submitted if the applicant is not the owner of such property. (b). Evidence satisfactory to the City Manager that the applicant represents or has the consent of the owners of not less than 67%, by area, of the property proposed to be subject to the levy of the special tax. (c). For any CFD proposed to finance improvements to benefit new development, a business plan for the development of the property within the proposed community facilities district and such additional financial information as the City Manager may deem necessary to adequately review the financial feasibility of the community facilities district. For any CFD proposed to finance improvements to benefit new development, the applicant must demonstrate to the satisfaction of the City Manager the ability of the owner of the property proposed to be developed to pay the special tax installments for the CFD and any other assessments, special taxes and ad valorem taxes on such property until full build out of the property. It is the intention of the City Council that applicants for a community facilities district have an early opportunity to have the application reviewed by City staff for compliance with this policy. In that regard, the City Council hereby directs the City Manager to create a CFD application review committee composed of such staff members and additional persons as the City Manager may deem necessary. The committee may meet with the applicant for the purpose of reviewing an application to form a CFD following the determination by the City Manager that the information contained in the application complies with the requirements of this policy. Following the review of such an application, the City Manager shall prepare and submit a report to the City Council containing the findings and recommendations of the committee regarding the application. Following completion of the committee report, the City Manager shall place the application on the City Council agenda for review. After review of the application and consideration of the committee report, the City Council shall determine whether or not to approve the initiation of proceedings to form the CFD. The decision of the City Council pertaining to the application shall be final. JOINT COMMUNITY FACILITIES AGREEMENT THIS JOINT COMMUNITY FACILITIES AGREEMENT (the "AgrecmenC) is entered into effective as of the day of ., 2005, by and among the CITY OF RANCHO CUCAMONGA, a city duly organized and existing under the laws of the State of California (the "City"), the ETIWANDA SCHOOL DISTRICT, a public entity (the "School District"), and HILL COUNTRY, S.A. LTD., a Texas limited partnership (the "Owner"), and relates to the proposed formation of PINEHURST PUBLIC FACILITIES COMMUNITY FACILITIES DISTRICT NO. 2005-1 (the "District"). RECITALS: A. The Owner is the owner and developer of real property located within the City and described in Exhibit "A" attached hereto (the "Property"). The Property is proposed to constitute a portion of the land within the boundaries of the District. B. The Owner and Richland Tracy, Ltd intend to obtain the necessary development approvals to construct approximately 358 residential dwelling units on the Property and on the property owned by Richland Tracy, Ltd and which will be included in the District and to provide the required infrastructure for such units, including the financing of school facilities to be owned and operated by the School District (the "School Facilities"), certain improvements to be owned and operated by the City and which are described in Exhibit "B" hereto and incorporated by reference herein (the "City Facilities"), certain improvements which the Cucamonga Valley Water District (the "Water District" or "CVWD") will own or operate (the "Water District Facilities"), certain improvements which the Chaffey Joint Union High School District (the "High School District") will own or operate (the "Chaffey Facilities") and certain improvements which the San Bemardino Flood Control District (the "Flood Control District") will own or operate (the "Flood Control District Facilities"). The City Facilities are a condition to development of the Property in accordance with the Development Agreement between the Owner and the City and other development approvals (the "Development Approvals"). The City Facilities include (i)certain City development impact fees pursuant to the Development Agreement and ("City Fees") and (ii) certain other master planned facilities to be constructed by or on behalf of the Owner and acquired by the City for their actual cost, together with appurtenances and appurtenant work, and incidental expenses related thereto (each, a "City Acquisition Facility," and, collectively, the "City Acquisition Facilities"). The City Facilities, the Water District Facilities, the Chaffey Facilities, the Flood Control District Facilities, and the School Facilities are sometimes collectively referred to herein as the "Facilities." C. The Owner has requested the Board o£ Trustees of the School District (the "Board of Trustees") to form and establish the District pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act") to include the Property for the purpose of financing the design, construction and acquisition of the Facilities. D. Subsection (e) of Section 53316.2 of the Act provides that, notwithstanding any other provision of the Act, no local agency which is party to a joint exercise of power agreement or joint community facilities agreement shall have primary responsibility for formation of a community facilities district unless that agency is one or more of certain specified types of agencies, including an agency that is reasonably expected to have responsibility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the community facilities district or districts created pursuant to the joint exemise of powers agreement or the joint community facilities agreement than any other local agency. E. The provision of the Facilities is necessitated by the development of the land within the District and the parties hereto find and determine that the residents of the City, the School District, the High School District, the Water District, the Flood Control District and the District will be benefited by the construction and/or acquisition of the Facilities and that this Agreement is beneficial to the interests of such residents. F. The parties hereto intend to have the District assist in financing the City Facilities by disbursing District note or bond proceeds at the written direction of the City and the Owner, in accordance with this Agreement or any other agreements between the City and the Owner to finance the acquisition or construction of the City Facilities. G. The City is authorized by Section 53313.5 of the Act to assist in the financing of the acquisition and/or construction of the City Facilities and the School District is authorized to assist in the financing of the School Facilities. This Agreement constitutes a joint community facilities agreement, within the meaning of Section 53316.2 of the Act, by and among the City, the Owner and the School District, pursuant to which the District when formed will be authorized to finance the construction and/or acquisition of the City Facilities and to finance the School Facilities. As authorized by Section 53316.6 of the Act, responsibility for constructing, providing and operating the School Facilities is delegated to the School District and responsibility for constructing and providing the City Facilities is delegated to the City to the extent set forth herein. H. On August 17, 2005, the City Council of the City adopted its Amended and Restated "City of Rancho Cucamonga Statement of Goals and Policies for the Use of the Mello- Roos Community Facilities Act of 1982" (the "City Policies") which provides in pertinent part that the City will not enter into a joint community facilities agreement with regard to a community facilities district proposed to be formed by a public agency other than the City unless the proposed community facilities district complies with certain specified provisions of the City Policies and the public facilities to be owned by such public agency will be financed by a larger share of the proceeds of the bonds issued for such community facilities district than the share of such proceeds of such to be used to finance public facilities to be owned by the City. The City, the School District and the Owner intend that this Agreement shall comply with and implement the applicable provisions of the City Policies as they apply to the District. I. Pursuant to Government Code Section53314.9, the Board of Trustees is authorized to accept advances of funds or work in-kind from any source, including, but not limited to, private persons or private entities, and may provide, by resolution, for the use of those funds or that work in-kind for any authorized purposes, including, but not limited to, paying any costs incurred by the local agency in creating a community facilities district. The legislative body may also enter into an agreement, by resolution, with the person or entity advancing the funds or work in-kind, to repay all or a portion of the funds advanced provided that certain 2 conditions are met. The conditions to be satisfied require that (1) the proposal to repay the funds or the value or cost of the work in-kind must be included in the resolution of intention for the proposed community facilities district and in the resolution of formation for the proposed community facilities district, (2)that any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act and that if not approved, any funds which have not been committed for any authorized purpose by the time of the election must be returned to the person or entity advancing funds, and (3) any work in-kind accepted shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority, of the local agency. J. The City, the School District and the Owner are desirous of entering into this Agreement in accordance with Government Code Section53314.9 in order to provide a mechanism by which the Owner may advance certain costs related to the formation of the District and the Facilities to be financed by the District, when and if formed, and to set forth the conditions upon which the District will reimburse the Owner for the amounts advanced to form the District and upon which the District will finance the School Facilities and acquire the City Acquisition Facilities from the Owner. K. The School District and the Owner represent that the School District and Richland Pinehurst, Inc. (the "Original Owner") entered into a School Facilities and Funding Agreement (the "Mitigation Agreement"), dated April 15, 2005, which Mitigation Agreement was assigned to Owner and Richland Tracy, Ltd. (collectively herein, the "Successors"). AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Proposed Formation of District. At the request of the Owner, the School District shall conduct proceedings pursuant to the Act to form the District to finance the Facilities. The School District shall also conduct proceedings pursuant to the Act to authorize the District to incur bonded indebtedness in an amount not to exceed $30,000,000 for the purpose of financing the design, construction and acquisition of the Facilities. The City is not directly or indirectly approving or responsible in any way whatsoever for the levy of special taxes within the District, or any improvement area therein, nor is the City directly or indirectly approving or responsible in any way whatsoever for the issuance of bonds by or for the District or the payment of principal of and/or interest on such bonds. The City shall not be responsible in any way whatsoever for the costs of the proceedings described in the first paragraph o£this Section 2, or ongoing administration of the CFD, or of any bonds issued by or on behalf of the CFD. 3. Reimbursement Procedure. The Owner agrees that any work in-kind to be performed by or on behalf of it and to be accepted by the City shall be performed or constructed as if the work had been performed or constructed under the direction and supervision, or under 3 the authority, of the City. In the event it is not so performed or constructed, the Owner shall not he entitled to reimbursement for it. It is the intention of the parties to make any work that is undertaken or expenses that are incurred by or on behalf of the Owner with respect to the City Facilities eligible for reimbursement when and if the District is formed and notes and/or bonds are issued. It is agreed that any "cost" and "incidental expense" (as those terms are defined in Government Code Section 53317) incurred with respect to any of the City Facilities shall be eligible for reimbursement only when and if the District is formed and notes and/or bonds are issued; provided that the Owner will be reimbursed only if all City policies with respect to reimbursement, including those set forth heroin, have been satisfied as of the date that reimbursement is to be made. 4. Sale of Bonds and Use of Proceeds. In the event the District is formed, the Board of Trustees of the School District acting as the legislative body of the District expects to finance the design, construction and acquisition of the Facilities by issuing bonds in one or more series (collectively, the "Bonds"). After payment of the costs of issuing each series of Bonds, the funding of a bond reserve ftmd and capitalized interest for each series of Bonds, and administrative expenses, there shall first be reserved from the Bond proceeds approximately $5,365,052 to finance the School Facilities and with a portion of the balance remaining thereafter to be available to finance the City Facilities of approximately $5,365,000. In any event, the School District and the District shall ensure that the School Facilities will be financed by a larger share of the proceeds of the bonds issued by or for the District than the sham of such proceeds to be used to finance the City Facilities. The Bonds shall be issued only if in its sole discretion the Board of Trustees determines that all requirements of state and federal law and all School District policies and City Policies described herein have been satisfied or waived by the School District or the City, as applicable. In no event shall the Owner have a right to compel the issuance of the Bonds. Upon the issuance and sale of the Bonds, the bond indenture or fiscal agent agreement with respect to the Bonds shall provide for the establishment of a separate account in the construction or improvement fund for the Bonds for the City Facilities (the "City Facilities Account'). An amotmt equal to the School Facilities Proceeds shall be deposited in the Etiwanda School Facilities Account and the remainder of the net proceeds of the Bonds shall be deposited in the City Facilities Account, the CVWD Accotmt, the Chaffey Facilities Account, the Flood Control District Facilities Account, and any other accotmts. The City shall have no responsibility whatsoever to review or approve the bond indenture or fiscal agent agreement with respect to the Bonds or any series thereof. The District shall pay disbursements out of the proceeds of the sale of Bonds deposited in the City Facilities Account to the Owner to make payments for the City Facilities as provided in Section 9 herein. The District shall maintain records relating to the disbursements of proceeds of the sale of the Bonds. The Owner acknowledges that the acceptance and approval of reimbursement for the City Facilities shall be in all respects subject to the approval of the City in accordance with this Agreement. 4 Upon the issuance of Bonds and receipt by the School District of a written requisition from the Owner, the School District shall cause the District to disburse and deliver to the City the amount of Bond proceeds requested in the requisition to fund City Fees, not to exceed the amount determined to be available for financing City Fees. As proceeds of the Bonds are transferred to the City to fund City Fees, the City agrees that Owner shall receive a credit, in an amount equal to the amount of such Bond proceeds so received, against the City Fees required to be paid by the Owner in connection with the development of the Property. Nothing herein shall supersede the obligation of any owner of the Property to pay City Fees to the City when due. The parties hereto agree that neither the District nor the School District will have any liability to the City or the Owner for a shortfall in funding in the event that the available Bond proceeds are inadequate to finance any contract pertaining to the design, engineering, construction or acquisition of the City Acquisition Facilities. The parties hereto further agree that the City shall have no liability whatsoever to the Owner, the School District or the District in connection with the reimbursement to the Owner for the City Acquisition Facilities or the payment of the City Fees. 5. Construction. The Owner will complete the design of the City Acquisition Facilities and the plans and specifications for construction of the City Acquisition Facilities (hereinafter the "Plans and Specifications") in a form and substance, which is satisfactory to the City. Upon approval of the Plans and Specifications by the City, the Owner may proceed with the construction of the City Acquisition Facilities in accordance with the provisions of Section 6 hereof. 6. Public Works Requirements. In order to insure that the City Acquisition Facilities will be constructed as if they had been constructed under the direction and supervision, or under the authority of, the City, so that they may be acquired by the City pursuant to Government Code Section 53313.5, the Owner shall comply with all of the following requirements: (a) Bids shall be solicited from at least three (3)qualified contractors; provided at least three (3) qualified contractors are reasonably available. The Owner may also directly solicit bids. (b) The bidding response time shall be not less than ten (10) working days. (c) An authorized representative of the City shall be provided a copy of the tabulation of bid results. (d) Contract(s) for the construction of the City Acquisition Facilities shall be awarded to the qualified contractor(s) submitting the lowest responsible bid(s), as determined by the Owner. (e) The contractor to whom a contract is awarded shall be required to pay not less than the prevailing rates of wages pursuant to Labor Code Sections 1770, 1773 and 1773.1. A current copy of applicable wage rates shall be on file in the Office of the City Engineer, as required by Labor Code Section 1773.2. 5 (f) Said contractors shall be required to furnish labor and material payment bonds and contract performance bonds in an amount equal to 100 percent of the contract price naming the Owner and the City as obligees and issued by insurance or surety companies approved by the City. All such bonds shall be in a form approved by thc City's Public Works Department. (g) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the City Acquisition Facilities, which they will construct in conformance with the City's standard procedures and requirements. (h) The Owner and all such contractors shall comply with such other requirements relating to the construction of the City Acquisition Facilities which thc City may impose by written notification delivered to the Owner and each such contractor at any time either prior to the receipt of bids by the Owner for the construction of the City Acquisition Facilities or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. Thc Owner shall provide proof to the City, at such intervals and in such form as the City may require, that the foregoing requirements have been satisfied as to all of the City Acquisition Facilities. 7. Inspection; Completion of Construction. The City shall have primary responsibility for providing inspection of the work of construction of the City Acquisition Facilities to insure that the work of construction is accomplished in accordance with the Plans and Specifications. The City's personnel shall have access to the site of the work of construction at all reasonable times for the purpose of accomplishing such inspection. Upon the completion of the construction of each of the City Acquisition Facilities (or any approved portion) to the satisfaction of thc City's inspectors, the Owner shall notify the City in writing that the construction of the City Acquisition Facilities has been completed in accordance with the Plans and Specifications. Upon receiving such written notification from the Owner, and upon receipt of written notification from its inspectors that construction of thc City Acquisition Facilities has been completed in accordance with the Plans and Specifications and the City's standard requirements, the City shall in a timely manner notify the Owner in writing that the construction of the City Acquisition Facilities has been satisfactorily completed. Any costs incurred by the City in inspecting and approving the construction of the City Acquisition Facilities not previously paid by the Owner shall be reimbursed from the proceeds of the Bonds of the District, if available. Notwithstanding the timing of substantial completion or final completion and acceptance of the City Acquisition Facilities, the Owner may submit a payment request upon substantial and/or final completion of a City Acquisition Facility. The form of payment request to be submitted to the City by the Owner in requesting payment by the District of the acquisition price or funding with respect to the City Acquisition Facility shall be substantially in the form of Exhibit "D-I" hereto. Within ten (10) business days of the Owner's submission to the City of a payment request, the City shall determine if the City Acquisition Facility has been substantially completed and shall either deny or approve the payment request solely upon the determination 6 whether the City Acquisition Facility has been substantially completed, which approval shall not be unreasonably withheld. If the City denies any payment request it shall provide the Owner a detailed written explanation describing the reasons or rationale for such denial. All denied payment requests may be resubmitted for approval. The Owner shall reimburse the City for its actual costs incurred in connection with the processing of such payment requests, including the inspection of the City Acquisition Facilities and such amounts shall be included in the acquisition price paid by the District. The City's sole responsibility with respect to any payment request shall be to confirm that the City Acquisition Facility described in such payment request has been substantially completed in accordance with the Plans and Specifications. The City shall have no responsibility whatsoever to determine the adequacy, accuracy, completeness or reasonableness of the payment request itself and/or the acquisition price requested to he paid for any City Acquisition Facility. Within ten (10) days of the School District's receipt of a signed payment request, the School District shall authorize payment of the disbursement request by the trustee or fiscal agent for the Bonds. 8.' Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Owner shall provide to the City such evidence or proof as the City shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the City Acquisition Facilities have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, the Owner may elect to provide to the City a title insurance policy or other security acceptable to the City guaranteeing that no such claims of liens will be recorded or become a lien upon the Property with priority over the lien of the special taxes to be levied thereon in the proceedings for the formation of the District. 9. Acquisition; Acquisition Price; Source of Funds, Provided the Owner has complied with the requirements of this Agreement and completed the construction of each City Acquisition Facility in accordance with the Plans and Specifications, the City agrees to assume ownership of each City Acquisition Facilities from the Owner. The price to be paid by the District for the acquisition of the City Acquisition Facilities shall be the lesser of the amount of Bond proceeds available for the City Acquisition Facilities or the total of the actual costs incurred by the Owner to design, plan, engineer, construct, install, and test the City Acquisition Facilities. The City shall have no responsibility whatsoever for determining the price to be paid by the District for the acquisition of any City Acquisition Facility. For purposes of determining the acquisition price to be paid by the District for the acquisition of such City Acquisition Facilities, the value of such facilities shall be based on the Actual Costs submitted by the Owner, as that term is defined in Exhibit "C" attached hereto and incorporated herein by reference. As a condition to the payment of such acquisition price, the Owner shall transfer ownership of the City Acquisition Facilities to the City by grant deed, bill of sale or such other documentation as the City may require. Upon the transfer of ownership of the City Acquisition Facilities or any portion thereof from the Owner to the City, the City shall be responsible for the maintenance of the City Acquisition Facilities or the portion transferred. Notwithstanding the foregoing, the acquisition price of any of the City Acquisition Facilities may be paid prior to transfer of ownership and acceptance if it is substantially completed at the time of payment. A City 7 Acquisition Facility shall be considered "substantially complete" when it has been reasonably determined by the City to he usable by the public for the purpose for which it is intended, subject only to final completion of such items as are not essential to the primary use or operation of such City Acquisition Facility. Park improvements shall be considered substantially complete prior to conclusion of a "growing in" or maintenance period provided the Owner has provided performance bonds for the maintenance and replacement of any defective materials. Roadway improvements shall be considered substantially complete upon completion of all curb to curb improvements and street lighting, but excluding the final asphalt cap and sidewalks. If the costs of the City Acquisition Facilities are greater than the amount of the Bond proceeds available for City Acquisition Facilities, none of the District, the School District or the City is in any way obligated to pay the Owner and any difference is the sole responsibility of the Owner. Upon completion of the construction of the City Acquisition Facilities, the Owner shall deliver to the City copies of the contract(s) with the contractor(s) who have constructed the City Facilities or other relevant documentation with regard to the payments made to such contractor(s) and each of them for the construction of the City Acquisition Facilities, and shall also provide to the City invoices and purchase orders with respect to all supplies and materials purchased for the construction of the City Acquisition Facilities. The City shall require its city engineer (the "City Engineer") to complete its determination of the value o f the City Acquisition Facilities as promptly as is reasonably possible. Notwithstanding the preceding provisions of this section, the sole source of funds for the acquisition by the City of the City Acquisition Facilities or any portion thereof shall be the proceeds from the sale of the Bonds made available by the District pursuant to Section 2 above. If for any reason beyond the City's control the proceedings for the formation of the District are not completed or the Bonds are not sold, the City shall not be required to acquire the City Acquisition Facilities from the Owner. In such event, the Owner shall complete the design and construction and transfer to the City ownership of such portions of the City Acquisition Facilities as are required to be constructed by the Owner as a condition of the Development Approvals, but need not construct any portion of the City Acquisition Facilities which it is not so required to construct. 10. Easements. The Owner shall at the time the City acquires the City Acquisition Facilities as provided in Section 9 hereof, grant to the City, by appropriate instruments prescribed by the City, all easements on private property which may be reasonably necessary for the proper operation and maintenance of the City Acquisition Facilities, or any part thereofi 11. Maintenance. Prior to the transfer of ownership of the City Acquisition Facilities by the Owner to the City, as provided in Section 9 hereof, the Owner shall be responsible for the maintenance thereof and shall maintain and transfer the City Acquisition Facilities to the City in as good condition as the City Acquisition Facilities were in at the time the Owner notified the City that construction of same had been completed in accordance with the Plans and Specifications. 8 12. Inspection of Records. The District and the School District shall have the right to review all books and records of the Owner pertaining to costs and expenses incurred by the Owner for the design and construction of the City Acquisition Facilities during normal business hours by making arrangements with the Owner. The Owner shall have the right to review all books and records of the City pertaining to costs and expenses incurred by the City for the services of the City Engineer by making arrangements with the City. 13. Ownership of Facilities. Notwithstanding the fact that some or all of the City Acquisition Facilities may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated to the City, the City Acquisition Facilities shall be and remain the property of the Owner until acquired by the City as provided in the preceding sections of this Agreement. Such ownership by the Owner shall likewise not be affected by any agreement which the Owner may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et. seq of the Government Code, which may contain or include provisions with respect to the construction and ownership of public facilities which may seem to be contradictory to the provisions of this Agreement, and the provisions of this section shall control. 14. Improvement Security; Maintenance Bond Notwithstanding the provisions of this Agreement, the Owner shall be required to secure the construction and completion of construction of the City Acquisition Facilities as required by Sections 66499 through 66499.10 of the Government Code. 15. Independent Contractor. In performing this Agreement, the Owner is an independent contractor and not the agent of the School District, the District or the City. None of the School District, the District or the City shall have any responsibility for payment to any contractor or supplier of the Owner. It is not intended by the parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed. 16. Investment Earnings and Accountability. The City shall assist the School District in complying with the arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations which relate thereto, by keeping accurate records of the investment earnings on any and all investments which the City may make with amounts drawn on the City Facilities Account and at the end of each fiscal year shall provide to the School District and its consultants such records and documents as they may reasonably request to enable them to determine the nature of any such investments and the interest earnings thereon for purposes of determining whether any portion thereof must be rebated to the United States of America as rebateable arbitrage earnings. The District shall reimburse the City for its administrative costs incurred in connection with such recordkeeping to the extent of available special tax revenues for administrative purposes. Upon the District's request, the Owner shall provide the District with a description of the status of construction of all City Acquisition Facilities authorized to be constructed by the Owner for acquisition with Bond proceeds pursuant to this Agreement. 17. Indemnification; Insurance. The Owner shall assume the defense of, indemnify and save harmless, the School District, the District, the City, their respective officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, 9 losses or expenses of every type and description to which they may be subjected or put (including reasonable attorney fees and costs), by reason of, or resulting from the design, engineering and construction of the City Acquisition Facilities and any act or omission of the Owner, including without limitation any material misstatement or materially misleading information provided by the Owner in connection with this Agreement and the issuance of the Bonds. No provision of this Agreement shall in any way limit the extent of the Owner's responsibility for payment of damages resulting from the operations of the Owner and its contractors; provided, however, that the Owner shall not be required to indemnify any person or entity as to damages resulting from negligence, recklessness, or willful misconduct of such person or entity or their agents or employees. The Owner shall furnish to the City a certificate or certificates of insurance substantiating that it has obtained for the entire period of the construction of the City Acquisition Facilities a policy of comprehensive general liability insurance with coverage broad enough to include the Owner's contractual obligations under this section and having a combined single limit of liability in the amount of $2,000,000. Said certificate of insurance shall include an endorsement naming the School District, the City, and their respective officers, employees and agents as additional insureds. The Owner's obligations pursuant to this section shall cease upon the acquisition of the City Facilities by the City as provided in Section 9 hereof. District and School District shall defend, indemnify and hold harmless the City, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting from, or arising out of the District proceedings as described in Section 2 hereto, the authorization of the levy of special taxes and the issuance of bonds by or for the District to finance the City Facilities, the administration of the District and the bonds issued by or for the District, the levy of special taxes by or for the District and the issuance of bonds by or for the District, and initial and continuing disclosure related to such bonds and all expenses of investigating and defending against same. 18. City Policies. The rate and method of apportionment of the special taxes authorized to be levied by the District, the bonds issued by or for the District and the disclosure of the District to prospective pumhasers of property within the District shall conform to the provisions of the City Policies entitled "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues" and "Disclosure to Prospective Property Purchasers in CFDs," respectively. A copy of the City Policies is attached as Exhibit E hereto and is incorporated herein by this reference. Nothing in this section shall be deemed to prohibit or waive the application of School District policies that are more restrictive than the City Policies. 19. Termination. If the District is unable.to sell the Bonds or the required conditions are not met, this Agreement shall terminate and be of no further force and effect. 20. Disclosure and Accountability. The Owner shall cooperate with the District and the School District in complying with the requirements of Rule 15c2-12 of the Securities and Exchange Commission in connection with the issuance and sale of the Bonds. The Owner acknowledges that, due to the extent of its current property ownership in the District, it may be an "obligated person" under Rule 15c2-12(b)(5). In connection with the foregoing, the Owner 10 227 agrees to enter into a continuing disclosure undertaking that so long as it remains an obligated person it will annually, at the time specified in such undertaking, provide information to the District and the School District regarding the Owner's financial condition, including, if available, audited financial statements, to be included in the annual reports to be filed with the Nationally Recognized Municipal Securities Repositories which are identified by the Securities and Exchange Commission and any state information depository that may be designated for the State of California, as required by such rule. In addition, the Owner shall provide to the District, as requested by the District, a description of the status of construction of the City Acquisition Facilities authorized to be constructed by the Owner. The City shall have no responsibility whatsoever to ensure Owner's compliance with the provisions of this Section 20 nor shall the City have any responsibility whatsoever to ensure that the original or continuing disclosure related to any bonds or other securities issued by or for the District complies with any federal or state securities laws. 21. Assignment. Nothing in this Agreement shall in any way limit the right or ability of the Owner to assign its rights pursuant to this Agreement to a purchaser of all or any portion of the Property (a "Transfer") without the consent of the District, provided that: (i) the Owner gives the District written notice of the Transfer within ten (10) days, and (ii) the transferee assumes all obligations of the Owner under this Agreement with respect to the portion of the Property transferred. If these conditions are met, the School District, the City and the District agree to look solely to the transferee for performance of the Owner's obligations under this Agreement. 22. Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto. 23. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: 11 TO DISTRICT: ETBVANDA SCHOOL DISTRICT 6061 East Avenue Rancho Cucamonga, CA 91739 Attn: Superintendent TO CITY: CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager TO OWNER: Hill Country, S.A. Ltd. 4100 Newport Place, Suite 800 Newport Beach, CA 92660 Attn: John Schafer Each party may change its address for delivery of notice by delivering written notice of such change of address to the other parties hereto 24. Notice of Zone Change. The City and the Owner shall provide written notice to the District of any change in the zoning of any portion of the Property upon approval of such zone change. 25. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference. 26. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 27. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 29. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parties hereto, or the failure by a party to exercise its fights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other parties with the terms of this Agreement thereafter. 30. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the School District, the District and the Owner (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 31. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 12 32. Attorney Fees. In the event of any action or proceeding brought by any party hereto against any other party under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and all fees, costs and expenses incurred for prosecution, defense, consultation, or advice in such action or proceeding. In addition to the foregoing, the prevailing party shall be entitled to its reasonable attorneys' fees and all fees, costs and expenses incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 33. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. [Signatures on following page] 13 IN VqlTNESS WHEREOF, the parties have duly executed this Joint Community Facilities Agreement as of the date first set forth above. "SCHOOL DISTRICT" ETIWANDA SCHOOL DISTRICT By: Name: Its: ATTEST: Secretary to the Board of Trustees "CITY" CITY OF RANCHO CUCAMONGA By: Name: Its: ATTEST: City Clerk "OWNER" HILL COUNTRY, S.A. LTD., a Texas limited partnership doing business in California as Hill Country, S.A., L.P. By: Richland Stone Oak, Inc. a Texas corporation its general partner By: Name: Its: By: Name: Its: 14 EXHIBIT "A" DESCRIPTION OF PROPERTY Landowner Tract APN Acreage Hill Country, S.A. Ltd. 16072 225-083-01 59.39 4100 Newport Place 225-083-12 40.00 Suite 800 225-083-13 10.00 Newport Beach, CA 92660 225-083-20 19.73 A-1 EXHIBIT "B" DESCRIPTION OF FACILITIES The following improvements are eligible for acquisition or funding as City Facilities: Description of Improvement Estimated CostI Public improvements to be constructed with the following development fees required as a part of the conditions to development in Tract No. 16072 and described as follows: Park Fees $ 2,362,800 Equestrian Fees $ 358,000 Less Master Plan Drainage Fees ($ 834,713) Less City Park Fee Credit ($ 600,000) Storm Drain Improvements $ 2,156,980 Channel Improvements $1,968,13 ! Street Improvements $1,447,765 Landscaping Improvements $ 868,394 Total City Facilities $ 7,727,357 These are estimated construction costs only. The actual costs of any improvement may be more or less than those estimated herein. B-1 EXHIBIT "C" ELIGIBLE COSTS The eligible costs for the City Acquisition Facilities shall include all of the actual costs and expenses, directly or indirectly related to the design, planning, engineering, construction, installation and testing of the City Acquisition Facilities (the "Actual Costs"). Actual Costs shall include without limitation, the following: 1. Costs for the construction of the City Acquisition Facilities, including employment of licensed contractor(s) to construct, install, complete and test the City Acquisition Facilities. 2. Allocated grading costs based upon the square footage of grading area for the City Acquisition Facilities and the grading of slope areas relating to the City Acquisition Facilities as a percentage of the total graded area under the applicable grading contract. 3. All permit fees, inspection fees and other fees customarily charged by governmental agencies or other entities, including the City, arising out of or in connection with the design, planning, engineering, construction, installation or testing of the City Acquisition Facilities. 4. Costs of tests, inspections, studies, reports and surveys, including, without limitation, any environmental, archaeological, biological or cultural studies or any mitigation requirements that may be requested by federal, state or local agencies evaluations attributable to the City Acquisition Facilities. 5. Professional costs and fees associated with design, engineering, accounting, inspection, construction staking, materials testing, legal and accounting and other similar services. 6. Costs of labor and material payment bonds and contract performance and maintenance bonds. 7. Builder's risk insurance, employer's liability insurance and comprehensive liability insurance obtained with respect to the City Acquisition Facilities. 8. Costs of acquiring from unrelated third parties any fee or easement interest in real property or licenses or encroachment permits to install the City Acquisition Facilities, including, without limitation, temporary construction easements, haul road and maintenance easements, the cost to prepare surveys, deeds and easement documents, and professional and escrow fees. 9. Construction and project management and supervision (which costs may include the Owner's intemal cost allocations) not to exceed 10% of the costs of construction of the related City Acquisition Facilities. 10. Costs and expenses of the City in connection with the performance of its obligations under this Facilities Agreement, including, but not limited to, (i) attorneys, C-1 accountants and other professionals retained in connection with the City's compliance with this Facilities Agreement or any matter related to the design, planning, engineering, construction, installation or testing of the City Acquisition Facilities, and (ii) employee time to review the Plans and Specifications, inspect the construction and installation of the City Acquisition Facilities and process payment requests. C-2 EXHIBIT "D" FORM OF PAYMENT REQUEST The undersigned hereby requests payment from the City Facilities Account of the Acquisition and Construction Fund, or any applicable account or subaccount thereof, established by Pinehurst Public Facilities Community Facilities District No. 2005-1 (the "CFD") in connection with Series 200__ Special Tax Bonds (the "Bonds"), an amount equal to $ for the City Acquisition Facilities (as defined in the Joint Community Facilities Agreement by and among thc Etiwanda School District (thc "School District"), thc City of Rancho Cucamonga (the "City") and Hill Country, S.A., Ltd., a Texas limited partnership (the "Owner"), dated ,2005 (the "Facilities Agreement"), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to the City as follows: 1. He (she) is a duly authorized officer or representative of the Owner, qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein. 2. All costs of the City Acquisition Facilities (as defined in the Facilities Agreement) for which payment is requested hereby are those Actual Costs (as described in Exhibit "C" to the Facilities Agreement) and have not been inflated in any respect. The Actual Costs for which payment is requested have not been the subject of any prior disbursement request submitted to the CFD. 3. Supporting documentation (such as third party invoices, lien releases and cancelled checks or other evidence of payment) is attached with respect to each cost for which payment is requested. 4. The City Acquisition Facilities for which payment is requested were constructed in accordance with the requirements of the Facilities Agreement. 5. The undersigned is in compliance with the terms and provisions of the Facilities Agreement and no portion of the amount being requested to be paid was previously paid. 6. The acquisition price for the City Acquisition Facilities (a detailed calculation of which is shown in Attachment 1 hereto) has been calculated in conformance with the terms of the Facilities Agreement. 7. Please authorize payment of the acquisition price by the CFD to the following entity(ies), if other than the undersigned, in the amounts or percentages indicated: [Insert names of payees and amounts or percentages] D-1 I declare under penalty of perjury that the above representations and warranties are tree and correct. Date: HILL COUNTRY, S.A. LTD., a Texas limited partnership doing business in California as Hill Country, S.A., L.P. By: Richland Stone Oak, Inc. a Texas corporation its general partner By: Name: Its: By: Name: Its: The City of Rancho Cucamonga hereby confirms the substantial completion of the City Acquisition Facility described in Attachment 1. Date: CITY OF RANCHO CUCAMONGA By: Its: D-2 ATTACHMENT 1 SUMMARY OF CITY ACQUISITION FACILITIES TO BE ACQUIRED AS PART OF PAYMENT REQUEST City Acquisition Disbursement Facilities Actual Costs Requested [List here City Acquisition Facilities for which payment is requested and attach supporting documentation] D-3 EXHIBIT "E" CITY OF RANCHO CUCAMONGA STATEMENT OF GOALS AND POLICIES FOR THE USE OF THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Amended and Restated August 17, 2005 CITY OF RANCHO CUCAMONGA STATEMENT OF LOCAL GOALS AND POLICIES FOR THE USE OF THE MELLO-ROOS COMMUNITY FACILITIES ACT OF '1982 Introduction. The City Council of the City of Rancho Cucamonga (the "City Council") hereby amends and restates its goals and policies concerning the use of Chapter 2.5 of Part I of Division 2 of Title 5 of the Government Code of the State of California (the "Act") in providing adequate public infrastructure improvements for the City of Rancho Cucamonga (the "City"). The following amended and restated goals and policies shall apply to all Community Facilities Districts (each a "CFD") hereafter formed or proposed to be formed by the City and to requests from other public agencies for the City to enter into joint community facilities agreements pertaining to community facilities districts proposed to be formed by such public agencies. Any policy or goal stated herein may be supplemented or amended by resolution of the City Council. The purpose of this Statement of Goals and Policies is to provide the City staff, the residents of the City and the owners and developers of property located within the City with guidance in the application for and consideration of the establishment of community facilities districts within the City for the purpose of financing or assisting in financing the acquisition or construction of public infrastructure to benefit and serve either existing or new development or a combination thereof. It is also the purpose of this Statement of Goals and Policies to provide guidance to any other public agency considering the formation of a community facilities district to finance improvements to be owned by the City as well as such public agency regarding the criteria which the City Council will apply in considering the approval of a joint community facilities agreement with any such public agency. The underlying principals behind this policy are the protection of the public interest, assuring fairness in the application of special taxes to current and future property owners, assuring full disclosure of the existence of any special tax liens, insuring the creditworthiness of any CFD bonds, protecting the City's credit rating and financial position and assuring that applicants for all community facilities district proceedings other than City initiated proceedings pay all costs associated with the formation of any CFD. The scope of this policy is limited to the proposed formation of community facilities districts by (a) the City for the limited purpose of financing or assisting in financing the acquisition or construction of public infrastructure or to provide funding for services or maintenance or (b) any other public agency to finance improvements to be owned by the City. The City is under no obligation to issue CFD Bonds. The ability to issue CFD Bonds depends upon the particular facts and circumstances of each CFD. When issuing CFD Bonds, the developer must agree to cooperate in connection with any covenants or other requirements that may be necessitated by tax-exempt bonds. Priorities for CFD Financin.q/Fundin~. The priority that various kinds of public facilities or services will have for financing or funding through the City's use of the Act is as follows: 1 (a). public facilities to be owned and operated by the City and or the Rancho Cucamonga Fire Protection District (the "Fire Protection District")that provide a demonstrated public benefit; and (b). public services to be performed by the City and or the Fire Protection District (c). public facilities to be owned and operated by a public agency other than the City or the Fire Protection District. Examples of a demonstrated public benefit may include, but are not limited to, the following: 1. Construction of a major public facility which meets a community need, e.g., a major arterial which will provide a vital roadway facility to alleviate congestion, park or recreational facilities intended to serve residents throughout the City, water storage facilities which will remedy inadequate fire flow, and storm drainage facilities which are a part of the storm drainage master plan. 2. Construction of public infrastructure sooner than would otherwise be required for a particular development project. 3. Construction of public infrastructure to serve commercial or industrial projects that will expand the City's employment and/or sales tax base. Equity of Special Tax Formulas and Maximum Special Taxes for CFDs. Reasonable Basis of Apportionment. Special taxes must be allocated and apportioned on a reasonable basis to all categories and classes of property (other than exempt property) within the CFD. Exemptions from the special tax may be given to parcels which are publicly-owned, held by property owners associations, used for a public purpose such as permanent open space or wetlands, or affected by public utility easements making impractical their utilization for other than the purposes set forth in the easement. Total Tax Burden. The total tax burden (that is, the anticipated maximum annual CFD special tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees and charges payable from and secured by the property) on any residential owner-occupied parcel in a CFD shall not exceed 1.85% of the estimated base sales price of such parcel upon completion of the public and private improvements relating thereto. Rate and Method of Apportionment. The rate and method of apportionment for CFD special taxes must be structured so as to produce special tax revenues sufficient to (a) pay scheduled debt service on all CFD bonds, (b) pay annual services or maintenance expense if applicable, (c) fund any amounts required to establish or replenish any reserve fund established for a CFD bond issue, and (d) pay reasonable and necessary annual administrative expenses of the CFD. Additionally, the rate and method of apportionment may be structured so as to produce amounts sufficient to fund (a) amounts to pay directly the costs of public facilities authorized to be financed by the CFD, (b) the accumulation of funds reasonably required for future debt service on CFD bonds, (c) amounts equal to projected delinquencies in special tax payments, (d) remarketing, credit enhancement or liquidity fees, and (e) any other costs or payments permitted by law. 2 In any case, the rate and method of apportionment must be structured such that the projected maximum special tax that could be levied in any fiscal year would produce special tax revenues at least equal to (a) 110% of projected annual debt service on all CFD bonds for the calendar year commencing in such fiscal year, plus (b) projected administrative expenses of the CFD for the calendar year commencing in such fiscal year. Generally, the rate and method of apportionment for CFD special taxes will be required to include a back-up tax to ensure that changes in development within the CFD would not result in the inability to levy special taxes that would produce special tax revenues in such amounts. Increases in Special Tax. The maximum special tax authorized to be levied on any parcel used or authorized to be used for residential purposes to finance the acquisition or construction of public facilities shall not escalate. The maximum special tax authorized to be levied on any parcel used or authorized to be used for non-residential purposes to finance the acquisition or construction of public facilities shall not escalate more than two percent (2%) per year. The increase in the special tax authorized to be levied on any parcel within a CFD as a consequence of delinquency or default by the owner of any other parcel may not exceed the maximum, if any, specified in the Act. The maximum special tax authorized to be levied on any parcel, whether authorized to be used for residential or non-residential purposes, to finance maintenance or services may be subject to annual escalation as provided for in the rate and method of apportionment of such special taxes to compensate for inflationary increases in the costs of providing such maintenance or services. Prepayment of Special Tax Obligation. Generally, the rate and method of apportionment of a special tax for a CFD will be structured so as to allow the prepayment of the full amount of the special tax obligation by property owners. Partial prepayments of the special tax obligation by property owners will not be allowed. Use of Special Tax Proceeds. Generally, the rate and method of apportionment of a special tax for a CFD may not be structured so as to permit the use of special tax coverage to reimburse a Developer for acquired public facilities. Credit Quality Requirements for CFD Bond Issues, Ail terms and conditions of any CFD bonds, including, without limitation, the sizing, timing, term, interest rates, discount, redemption features, flow of funds, investment provisions and foreclosure covenants, shall be established by the City. Each CFD bond issue shall be structured to adequately protect bond owners and to avoid negatively impacting the bonding capacity or credit worthiness of the City. Unless otherwise approved by the City Council, the following shall serve as minimum CFD bond requirements: Project Viability. The viability of the development project within a CFD is a critical component of the credit quality of a CFD bond issue. Accordingly, the viability of each such development project will be reviewed and evaluated by the City. Under most circumstances, the viability of a development project is enhanced as the project moves further through the development process. Therefore, generally, a CFD will be established only if tract or parcel maps for the development project to be undertaken therein have been approved by the City Council and the project is consistent with the City's General Plan. 3 Statutory Requirements. The City will require that the credit quality of any CFD bond issue be such that the requirements of Section 53345.8 of the Government Code will be met. Reserve Fund. In order to enhance the credit quality of CFD bond issues, the City will require that each such bond issue be secured by a reserve fund. Generally, each such reserve fund will be required to be funded (with cash or an acceptable reserve surety or other credit facility) in an amount no less than the least of (a) 10% of the initial principal amount of the bonds of such issue, (b) maximum annual debt service on the bonds of such issue, and (c) 125% of the average annual debt service on the bonds of such issue. Any reserve surety or other credit facility funding all or any portion of such a reserve fund will generally be required to be issued or guaranteed by an entity, the long term unsecured obligations of which are rated at least "A" by Moody's Investors Service or Standard & Poor's Ratings Service. Credit Enhancement. Where a substantial amount of the property within a CFD is undeveloped, the City may require credit enhancement to increase the credit quality of any bond issue for such CFD. The credit enhancement will be in the amount equivalent to two (2) years of debt service payments on the bonds as security for the amount of future special taxes to be paid. The credit enhancement shall remain in place until the special tax burden of the property owner providing the credit enhancement falls below 20 % of the aggregate special tax burden for such CFD. Capitalized Interest. Interest shall be capitalized for a bond issue only so long as necessary to place the special tax installments on the assessment roll; provided, however, interest may be capitalized for a term to be established in the sole discretion of the City Council on a case-by-case basis, not to exceed an aggregate of 18 months, taking into consideration the value-to-debt ratio, the expected timing of initial residential occupancies, expected absorption and build out of the project, the expected construction and completion schedule for the public improvements to be funded from the proceeds of the bond issue in question, the size of the bond issue, the development pro forma and the equity position of the applicant and such other factors as the City Council may deem relevant. Bond Structure. The term to maturity of any CFD bonds shall not exceed the maximum term specified in the Act. Principal amortization of CFD bonds shall commence no later than the end of the second bond year. CFD bonds shall be structured such that, once principal amortization thereof has commenced, debt service thereon will be substantially level. Limited Obligations. Neither the faith, credit or taxing power of the City shall be pledged to the payment of CFD bonds. The sole soume of revenue for the payment of CFD bonds shall be the special taxes (net of a reasonable amount determined by the City to pay the annual costs of administration of the CFD and the CFD Bonds), capitalized interest, if any, credit enhancement, if any, and moneys on deposit in the reserve fund established for such bonds. Appraisals for CFD Bond Issues. The definitions, standards and assumptions to be used in appraisals required in connection with the City's use of the Act for CFDs are as set forth in the Appraisal Standards for Land Secured Financings published by the California Debt ^dvisory Commission and originally dated May 1994 and modified July 2004 (the "CDIAC Guidelines"). 4 Notwithstanding the foregoing, if there is a conflict between the definitions, standards or assumptions in the CDIAC Guidelines and the corresponding definitions, standards or assumptions in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation ("USPAP"), USPAP shall govern. Independent Absorption Study. An independent absorption study of any proposed residential development project within a proposed CFD shall be required for the formation of such CFD. The independent absorption study shall be used 1) as a basis to verify proposed base pricing of the residential units subject to the levy of the special tax and 2) to determine if the public financing of the public facilities is appropriate given the timing of development. The City may require an independent absorption study of any proposed industrial or commercial development within a proposed CFD. Additionally, the projected absorption rates will be provided to the appraiser for use in the appraiser. Disclosure for CFD Bond Issues. Initial Disclosure. Each owner of property within a CFD that has not reached its planned development stage and that will be responsible for the payment of special taxes representing a substantial portion (as determined by the City) of annual debt service on an issue of CFD bonds will be required to provide for inclusion in the official statement or other offering materials distributed in connection with the offering and sale of such bonds such information as may be required for the City to comply with, satisfy any requirements of, or avoid any liability under, any applicable federal or state securities laws. Continuing Disclosure. Each owner of property within a CFD, and each subsequent owner of property therein, that has not reached its planned development stage and that will be responsible for the payment of special taxes representing a substantial portion (as determined by the City) of annual debt service on an issue of CFD bonds will be required to provide such information, on an ongoing basis, as may be required for the underwriter of such bonds to satisfy the requirements imposed on it pursuant to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934. Joint Community Facilities Agreements/Joint Powers Authority. The City will not participate in a Joint Powers Authority nor will it enter into a Joint Community Facilities Agreement ("JCFA") or a joint exercise of powers agreement ("JPA") with regard to a CFD proposed to be formed by a public agency other than the City unless (a) the proposed CFD complies with the provisions of these Goals and Policies under the headings "Equity of Special Tax Formulas and Maximum Special Taxes for CFDs," "Credit Quality Requirements for CFD Bond Issues," "Disclosure to Prospective Property Purchasers in CFDs" and such other provisions as the City Council may deem applicable to the proposed CFD and (b) the public facilities to be owned by such public agency will be financed by a larger share of the proceeds of the bonds issued for such CFD than the share of such proceeds of such bonds to be used to finance the public facilities to be owned by the City. The City may require that a public agency requesting that the City enter into a JCFA or a JPA deposit, or cause to be deposited, with the City such amount as the City Manager deems necessary to enable the City staff and City financing consultants to review the proposed CFD and proposed 5 JCFA or JPA to ensure compliance with the provisions of these Goals and Policies applicable to such CFD and such JCFA or JPA. All disclosures provided to prospective property owners within a CFD formed by another public agency in which the City has entered into a JCFA or a JPA shall clearly specify that such public agency is solely responsible for the formation of such CFD, the levy of special taxes within such CFD and the administration of such special taxes, the bonds of such CFD and such CFD itself. Such disclosures shall provide contact information for such public agency to which all questions regarding such CFD shall be directed. Such public agency shall provide a copy of all such disclosures to the City Manager. Disclosure to Prospective Property Purchasers in CFDs The applicant for the formation of a CFD will be required to demonstrate to the satisfaction of the City Manager (when the term City Manager is used herein it shall mean the City Manager or his designee) that there will be full disclosure, in a format satisfactory to the City Council, of the special tax obligation for such CFD and of any and all ad valorem, general and other special taxes and assessments, both fixed lien and annual, levied on individual parcels within such CFD to prospective purchasers or lessees of property within such CFD, including merchant builders, residential homeowners and commercial or industrial purchasers or lessees. Such notice must include all of the following in addition to such other provisions as may be required by the Act or the applicant may deem necessary: (a). Provide for full disclosure of (i) the existence of the special tax obligation for the CFD and any ad valorem, general and other special tax obligations and any assessment, fixed lien or annual, applicable to the properties within the CFD (whether imposed by the City or any other public agency), (ii) the principal amount, if applicable, of the special tax obligation and any other applicable fixed lien assessment or special tax obligation, (ii) the term of each ad valorem, general or special tax and assessment and (iii) the projected annual amount of each such tax and assessment. (b). Disclose the option to prepay any special tax obligation for the CFD to finance public facilities or allow such special tax to be assumed by the purchaser of such property and the adjustment, if any, in the sales price of the homes or other property which will apply if the special tax lien is assumed by the purchaser. Provide the ability for the prospective purchaser to elect to exercise the option either to prepay such special tax obligation in full at or prior to the close of escrow or to have such special taxes levied annually on the property. Such disclosure shall be placed in all sales brochures, all other on-site advertising and all purchase documents. (c). Specify in all disclosure documents the name, title, telephone number and address of a representative of the City as provided by the City to the applicant who may be contacted by any prospective purchaser or lessee of property within the CFD for further information regarding the CFD and the special tax obligation. (d). Disclose the obligation, if any, of the City or the CFD to initiate judicial foreclosure proceedings against any parcel for which the payment of special taxes utilized to pay debt service on bonds of a CFD are delinquent. 6 The applicant must agree to provide an original copy of all applicable disclosure documents to the City prior to initiating property sales for review and comment by the City. Advance of Funds to Pay Formation and Issuance Costs. Except for those applications for community facilities districts where the City is the applicant, all City and consultant costs incurred in the evaluation of applications and the proceedings to form a CFD and issue CFD bonds therefore will be paid by the applicant by advance deposit with the City of moneys sufficient to pay all such costs. Each application for the formation of a CFD shall be accompanied by an initial deposit in an amount to be determined by the City Manager to be adequate to fund the evaluation of the application and undertake the proceedings to form the CFD and issue the CFD bonds therefore (collectively, the "Formation and Issuance Costs"). The City Manager may, in his or her sole discretion, permit an applicant to make periodic deposits to cover the Formation and Issuance Costs rather than a single lump sum deposit; provided, however, no such costs shall be incurred by the City in excess of the amount then on deposit for such purposes. If additional funds are required to pay required the Formation and Issuance Costs, the City Manager may make written demand upon the applicant for such additional funds and the applicant shall deposit such additional funds with the City within five (5) working days of the date of receipt of such demand. Upon the depletion of the funds deposited by applicant for Formation and Issuance Costs, all proceedings to form the CFD and/or issue the CFD bonds shall be suspended until receipt by the City of such additional funds as the City Manager may demand. The deposits shall be used by the City to pay for Formation and Issuance Costs incurred by the City incident to the evaluation of the application and the proceedings for the formation of the CFD and the issuance of the CFD bonds therefore, including, but not limited to, legal, special tax consultant, engineering, appraisal, market absorption, financial advisor, administrative and staff costs and expenses, required notifications, printing and publication costs. The City shall refund any unexpended portion of the deposits, after payment or provision for payment of all Formation and Issuance Costs previously incurred, upon the occurrence of one of the following events: (a). The formation of the CFD and the issuance of the CFD bonds; (b). The formation of the CFD or the issuance of the CFD bonds is disapproved by the City Council; (c). The proceedings for the formation of the CFD and the issuance of the CFD bonds are abandoned at the written request of the applicant; or (d). The CFD bonds may not be issued and sold. Except as otherwise provided herein, the applicant shall be entitled to reimbursement of all amounts deposited with the City to pay for Formation and Issuance Costs upon the formation of the CFD and the successful issuance and sale of the CFD bonds for the CFD. Any such reimbursement shall be payable solely from the proceeds of the CFD bonds. 7 The City shall not accrue or pay interest on any moneys deposited with the City. The obligation of the applicant to advance funds and the reimbursement of such funds all as provided for in this section shall be memorialized in a reimbursement agreement by and between the City and the applicant in a form satisfactory to the City Manager, City Attorney and bond counsel to the City. Selection of Consultants. The City shall select, in its sole discretion, and retain all consultants necessary for the evaluation of any application and the proceedings for the formation of a community facilities district and the issuance of the special tax bonds therefore, including, but not limited to, special tax consultant, bond counsel, financial advisor, underwriter, appraiser, and market absorption consultant after consultation with the applicant and consideration of any recommendations of the applicant. Development Ri.qhts. Properties proposed to be included in a CFD must have received such discretionary land use approvals as may, in the determination of the City, be necessary to enable the City to adequately evaluate the CFD including the properties to be included and the improvements proposed to be financed. The City will issue bonds secured by the levy of special taxes within a CFD only when (i) the properties included within such community facilities district have received those applicable discretionary land use approvals which would permit the development of such properties consistent with the assumptions utilized in the development of the rate and method of apportionment of the special taxes for such community facilities district and (ii) applicable environmental review has been completed. It is the policy of the City Council in granting approval for development such as zoning, specific plan or subdivision approval to grant such approval as a part of the City's ongoing planning and land use approval process. In granting such approval, the City reserves such rights as may be permitted by law to modify such approvals in the future as the City Council determines the public health, safety, welfare and interest may require. Such approval when granted is subject to a condition that the construction of any part of the development does not, standing alone, grant any rights to complete the development of the remainder of such development. Construction of public improvements to serve undeveloped land financed through a community facilities district shall not vest any rights to the then existing land use approvals for the property taxed for such improvements or to any particular level, type or intensity of development or use. Applicants for a CFD must provide an express acknowledgment of this policy and shall expressly waive on their behalf and on behalf of their successors and assigns any cause of action at law or in equity including, but not limited to, taking or damaging of property, for reassessment of property or denial of any right protected by USC Section 1983 which might be applicable to the properties to be assessed. Application Procedure for CFD's. Any application for the establishment of a CFD shall contain such information and be submitted in such form as the City Manager may require. In addition to such other information as the City Manager may require, each application must contain: 8 (a). Proof of authorization to submit the application on behalf of the owner of the property for which the application is submitted if the applicant is not the owner of such property. (b). Evidence satisfactory to the City Manager that the applicant represents or has the consent of the owners of not less than 67%, by area, of the property proposed to be subject to the levy of the special tax. (c). For any CFD proposed to finance improvements to benefit new development, a business plan for the development of the property within the proposed community facilities district and such additional financial information as the City Manager may deem necessary to adequately review the financial feasibility of the community facilities district. For any CFD proposed to finance improvements to benefit new development, the applicant must demonstrate to the satisfaction of the City Manager the ability of the owner of the property proposed to be developed to pay the special tax installments for the CFD and any other assessments, special taxes and ad valorem taxes on such property until full build out of ,the property. It is the intention of the City Council that applicants for a community facilities district have an early opportunity to have the application reviewed by City staff for compliance with this policy, in that regard, the City Council hereby directs the City Manager to create a CFD application review committee composed of such staff members and additional persons as the City Manager may deem necessary. The committee may meet with the applicant for the purpose of reviewing an application to form a CFD following the determination by the City Manager that the information contained in the application complies with the requirements of this policy. Following the review of such an application, the City Manager shall prepare and submit a report to the City Council containing the findings and recommendations of the committee regarding the application. Following completion of the committee report, the City Manager shall place the application on the City Council agenda for review. After review of the application and consideration of the committee report, the City Council shall determine whether or not to approve the initiation of proceedings to form the CFD. The decision of the City Council pertaining to the application shall be final. 9 T H E C I T Y O F l~AN C H 0 C U CAH 0 N CA Staff Report DATE: September 7, 200§ TO: Mayor and Members of the City Council ,- ~ ../ FROM: Pamela S. Easter. Deputy City Manag~r¥~,.~ Kimberly Thomas, Management Analyst ,., ~."J'-. SUBJECT: Consideration of Amendments to Agreements with the County of San Bernardino - Amendment 96-872 A-I to the Field Services Agreement 96-872 and Amendment 01-869 A-1 to the Shelter Services Agreement 01-869 The City Council should discuss and consider the proposed Amendments to the two Agreements with the County of San Bernardino --- Amendment 96-872 A-1 to the Field Services Agreement 96-872 and Amendment 01-869 A-1 to the Shelter Services Agreement 01-869. These Amendments cover transition related items from a County contract to a municipally operated animal services program. Background Earlier this year, the City Council advised the County of San Bernardino of its intent to terminate the contracts for the provision of Animal Field and Shelter Services, with the goal of transitioning to a City operated program by January 31, 2006. To assist the City in the transition to a City operated program and to advise on the steps necessary to become a No Kill Shelter, the City Council hired Nathan Winograd, of No Kill Solutions. Mr. Winograd comes to the City with professional experience in the field by working for San Francisco and Tompkins County, New York animal agencies in their transition to No Kill Programs. More recently, Mr. Winograd is consulting with cities throughout the Country on their change to No Kill programs. Since the Council's decision, City staff and Mr. Winograd have proceeded to work on the many actions that are necessary to complete the transition. These include initiating the recruitment of the Animal Services Director; discussions with the County on the Amendments to our existing Agreements; work on the systems that will be required in operating a City operated Shelter such as facility needs, organizational structure and personnel, community partnerships and Page 2 Amendments to existing County Animal Services Agreements communications, computer systems and software, and veterinary care; and providing information to Mr. Winograd for his Initial Phase One Report to the Council on Transition Planning. Mr. Winograd's Initial Phase I Report on Transition Planning On August 23, 2005, Mr. Winograd presented his Initial Phase I Report on Transition Planning to the City Council. In this Report, Mr. Winograd made a series of recommendations to the City Council. These included the various actions that need to be taken to complete the transition to a City operated Shelter, including Facilities, Shelter operations, Animal Care and Handling, Adoptions, Public Relations/Community Involvement, Governance, etc. Likewise in the area of field services, Mr. Winograd outlined a number of activities that need to occur including staffing, equipment and forms of licensing and canvassing, operational policies and procedures, and wildlife. in his Report and PowerPoint presentation at the August 23, 2005, Council meeting, Mr. Winograd also shared several observations based on his animal services work. As he has found in other communities, Mr. Winograd advised that Rancho Cucamonga's transition to a City operated, No Kill Shelter will not end on the day that the City begins to operate the Shelter, but will be an ongoing, multiyear process. However, to be ultimately successful, the City needs to begin with key protocols and programs in place at the time of transition. Additionally, Mr. Winograd discussed that although service levels are yet to be defined by the Rancho Cucamonga City Council, a No Kill municipal animal services operation will require additional funding that a contracted operation does not, due to the additional services and change in economy of scale that are required. Mr. Winograd recommended that, to the extent that the County would be willing, that the staff should be provided an additional four to five months beyond the goal of January 31, 2006, for the Shelter transition to occur operationally, as well as additional time to transition to field services. This recommendation presented to the Council at its August 23rd meeting, to allow more time for the transition to June is in keeping with his previous presentations to the Council in which he has stated that in his experience of working with animal programs through the Country that a typical transition takes a year. Currently with the January 31, 2006 deadline, the City has allotted seven (7) months to complete the transition from when Mr. Winograd began his work in late June 2005. Mr. Winograd concluded his Phase I Report by providing a rough timeline on the actions that the Council will need to take in the upcoming months, based on an extension to June 30, 2006. The next step will be to bring to the Council approval of preliminary costs of the transition, definition of No Kill, the setting of service levels, and to provide tentative approval of an operating budget, initial capital budget, approval of personnel hiring needs, field services, and to approve the retention of a Shelter experienced architect to assist in the review of the existing facility. Page 3 Amendments to existing County Animal Services Agreements At the end of Mr. Winograd's presentation, the Councilmembers indicated that they would like to hold a follow-up session with Mr. Winograd to discuss and as questions on the Report and to ask Mr. Winograd and City staff to hold a community meeting to answer our citizens' questions on the Report and the transition work that is occurring. Implications of a Shortened Transition Period As a follow-up to Mr. Winograd's recommendation for an extended transition period, City staff has met with County staff to explore the potential of an extension to June 2006. In later paragraphs, it will be indicated that the County is interested only in extending until April 30, 2006, with the City assuming responsibility by May 1, 2006. As Mr. Winograd has discussed in his presentations, most Animal Programs, in which the infrastructure and personnel is already in place, take at least one year to transition to a No Kill operated Shelter. Even with this year to transition, success in achieving established goals takes several years. This is not the case for the City of Rancho Cucamonga, as we are being required to develop our program basically from scratch; and along with the program, need to hire and train all new staff, establish all new policies, purchase needed equipment · and vehicles, and move towards a No Kill Program. Beyond owning a physical building that is in need of modification and modernization, everything else needs to be developed. This is all further complicated by the fact that all of the legally required and enhanced services that our City will implement are being undertaken, in an as yet, undetermined service level and budgetary environment based on direction by the City Council. It is for these reasons and those that are discussed in the following paragraphs, that Mr. Winograd has recommended to the City Council that the contract for Shelter Services be extended as long as possible, ideally until June 30, 2006. He has also recommended that for many of the same reasons that the field services contract should also be extended. If extended time is not given past January 31, 2006, the focus of the work will need to be on what must be accomplished by law to take over the Shelter operation at the end of January 2006. However, Mr. Winograd advises that, while it is imperative to take care of the legal requirements, the non-legal requirements are as vital to the success of the City's Animal Services Program. In Mr. Winograd's view, if the not legally required items are not completed, the City risks opening an unprepared Shelter that could be just like other Shelters that suffers from poor community perception, unnecessarily put down its occupants, and risks spending more money without the added benefits that the City Council wants to achieve. Opening too early also hurts the long-term goals and programs that the Council would like to see from our Animal Services Program. For your review and information, a summarized list of the projects and tasks that need to be accomplished are attached. The List is divided between the "legal necessity vs. not legally required." Page 4 Amendments to existing County Animal Services Agreements Discussions with the County on the Transition Over the last several months, City staff has been in discussions with County/ Supervisor Biane's staff and County Public Health officials to draft the Amendments to the existing Agreements that set forth various items related to the transition period. The proposed Amendments that have been written are attached your discussion and direction. The process for the consideration of these Amendments will begin with the City Council. After the Council has considered and acted upon the Amendments, the County Board of Supervisors will subsequently meeting and act on the Amendments at one of their upcoming meetings. Amendments to the Existing Agreements for Field and Shelter Services For the sake of background, the City currently has two Agreements with the County for Animal Services. The first is an Agreement for Field Services 96-872. This Agreement has been in effect since 1996, and covers the various services that the County, including field related work, vaccination clinics, and the dog licensing and canvassing program. For these services, the City compensates the County $62,700/year, in addition to the County retaining all revenues related to the licensing and canvassing program. The second Agreement 01-869 deals with the County providing Shelter related services at the City owned Shelter facility located at 11780 Arrow Route. This second Agreement was most recently amended in 2001, when the City expanded the hours of the Shelter to a seven-day a week operation. The Agreement includes the schedule of the Shelter, providing public education programs, etc. The contract amount for the County providing this service is $305,600/year. The County also retains all animal adoption and other related revenue. · Proposed Amendment 96-872 A-1 to Aqreement for Field Services 96-87? The attached proposed Amendment to the Field Services Agreement includes the County continuing to provide Field Services to the City until June 30, 2006. The County will provide services at the current level; except for canvassing activity and the conducting of vaccination clinics, which will be not be provided by the County. As part of the Shelter program, the City would anticipate providing vaccination clinics through Western University or other providers. The City will continue to compensate the County a prorated share of the $62,700/year contract cost as well as the County retention of licensing revenue during this period. On July 1, 2006, responsibility for field services and licensing will transition to the City. Since some Field related revenue is collected at the Shelter, the County and City staffs will meet in the upcoming several months to identify the field related revenue that needs to be given to the County. it should also be noted that the County would be willing to discuss extending the existing contract for field services beyond June 30, 2006, if the Council is interested in continuing with contracted field services only. However, the proposed Page 5 Amendments to existing County Animal Services Agreements Amendment that is in front of the Council for consideration only continues the provision of County field services until June 30, 2006. There are several items in the proposed Amendment that need to be noted. Section I of the Amendment states that the "County will provide the City with animal control services normally provided by the Department to the unincorporated area of the County." This language is different than in our existing Agreement for Services, which assigns officers to provide an average of one hundred and twenty (120) hours per seven-day week. However, in questioning the change in language, the County advises that the 120-hour level of service given for Rancho Cucamonga is the same as what is provided to the unincorporated area of the County, and thus the reason for the language change. Also Section I requires that the City adopt the most recent changes to County Codes related to field services. The City Attorney has preliminarily reviewed these recent County Code changes and finds them generally acceptable. If the Amendment is adopted, these modifications would be presented at an upcoming Council meeting. The proposed Amendment also includes the payment of attrition costs not to exceed $69,452 for the County employees who are being displaced. The attrition costs have been calculated based on the estimated time that it will take for the existing personnel to be placed in other similar positions in the County organization. Based on the direction by the City Council at a previous meeting, City staff has met several times with the County staff regarding the attrition costs, and the Amendment reflects the results of these discussions. The $69,452 is a not to exceed cost, with the City only paying the actual costs of attrition. Therefore, if the existing staff included in the transition costs is placed earlier than the normal time it takes to absorb staff in other positions, then the attrition costs will be reduced. · Proposed Amendment 01-869 A-1 to Aqreement for Shelter Services 01-86,0 The attached proposed Amendment to the Shelter Services Agreement includes the County providing Shelter related services up to April 30, 2005. Since Mr. Winograd made his recommendation to the City Council for additional transition time, City staff has met with County representatives to determine the potential for an extension. County staff has advised that they can provide an extension only up to April 30, 2005, with the City assuming operations by May 1, 2006. The proposed Amendment also covers a number of other items. In the City Responsibilities Section, the City agrees to exercise its best efforts to provide enhanced veterinary care for the animals. The City staff is currently working to enhance the level of veterinary care, including the provision of licensed veterinary technicians at the Shelter under the supervision of a Contract Veterinarian. The Amendment requires the City to pay for medical costs for animals held beyond the required holding period, with the County being responsible for medical costs during the holding period. The City is already paying for the medical service that is provided to the animals after the hold period. Page 6 Amendments to existing County Animal Services Agreements The Amendment also makes revisions in the County Responsibility section in how long animals will be held at the Shelter. As you are aware, the County has been holding animals thirty (30) days, at the request of City officials earlier this year. Although the City has continued to suggest language that would have the County hold healthy, adoptable animals as long as possible, but no less than 30 days as well as set a goal of having a live release (adoption, redeemed by owners, or transferred to rescue groups) rate higher than for the same period of the previous year, these suggestions have not been accepted by the County. Therefore, the language in this Amendment states that animals will be held at the Shelter for the required holding period and that animals deemed by County Shelter staff to be adoption candidates will be held as long as possible. As with the Field Services Amendment, this Amendment also includes the payment of attrition costs for the County employees who will be displaced by the transition. The attrition costs are not to exceed $307,988. The attrition costs have been calculated based on the estimated time that it will take for the existing personnel to be placed in other similar positions in the County organization. Based on the direction by the City Council at a previous meeting, City staff has met several times with the County staff regarding the attrition costs, and the Amendment reflects the results of these discussions. The $307,988 is a not to exceed cost, with the City only paying the actual costs of attrition. Therefore, if the existing staff included in the transition costs is placed earlier than the normal time it takes to absorb staff in other positions, then the attrition costs will be reduced. Finally, the Amendment includes administrative items related to the transition. These include an agreement that the County will provide information on current operations, policies, procedures, and facilities as requested by City staff and Mr. Winograd as well as provide all animal control data/information from the County computer system for the period of February 2003 to date of transition. The County agrees to do an inventory of all furnishing, equipment and supplies, allows the City to conduct training, and provide an office for the City's Animal Control Director. Requested Council Action Staff requests that the City Council review the attached Amendments for Field and Shelter Services, and after discussion, adopt the Amendments that reflect the Council discussion. Attachments - Proposed Amendment to Agreement for Field Services 96-872 - Proposed Amendment to Agreement for Shelter Services 01-869 - Project Task List FOR COUNTY USE ONLY REVENUE ONLY New Vendor Code Dept. Contract Number X Change CITYOFR002 A SC PHL ~ 96-872 A-1 Cancel County Department Dept. Orgn. City's License No. DPH - Animal Care & Control PHL PHL County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Aimee Austin (909) 891-3858 $696,452 FAS Contract Type [] Revenue [] Encumbered [] Unencumbered [] Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Dat~ Contract End Dat~ Original Amount Amendment Amount 07/01/1996 8/30/2006 $62,700 $121,702 Fund Dept. Organization Appr. Obi/Rev Source ,~RC/PROJ/JOB No. Amount AAA PHL 2600 ~ 9520 ~ 93130 $121,702 Fund Dept. Organization Appr. Obi/Rev Source ~RC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Ob?Rev Source CRC/PRO J/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Animal Care & Control FY Amount I/D FY Amount lid Field Services 96-97to $564,300 __ 05-06 $52,250 ! 04-05 06-07 $69,452 ~'- 05-06 $10,450 THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Public Health Animal Care & Control, hereinafter called the County, and Name City of Rancho Cucamonga hereinafter called City Address 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone Birth Date (909) 989-1851 Federal ID No or Social Secudty NO~ IT IS HEREBY AGREED AS FOLLOWS: AMENDMENT NO, 1 It is hereby agreed to amend County Contract No. 96-872 ("the Contract") as follows: Section I is amended to read. 1. Through its Public Health Depadment, or other such agency as the Board of Supervisors may designate, County shall provide the City with animal control services normally provided by the Department to the unincorporated area of the County. Such services may include, but are not limited to, public education and those services and functions performed under Title 3, Division 2, Chapters 1, 2, and 14 of the County Code, if adopted by City as a City ordinance. City recognizes and agrees that the County only has the authority under this agreement to enforce State law and the Chapters in the County Code (cited above) that have been adopted by City as a City ordinance. To ensure that the City receives under this agreement animal control services normally provided by the Department of Public Health to the unincorporated area of the County, City shall adopt as a City ordinance the most current version of Title 3, Division 2, Chapters 1, 2, and 14 of the County Code by November 1, 2005. County may terminate this agreement immediately should City fail to comply with the terms of this section. _,,~ ~,,,, Page 1 of 3 Section 2, Paraqraph a. is amended to read, a. Enforce State law and al~ City ordinances adopted pursuant to Section 1 of this Agreement that relate to animals, including the issuing of citations as necessary for violations of said law or ordinance. Section 2, Paragraph q. is amended to read, g. Provide a program whereby dog licenses may be issued by mail and send renewal notices by mail to owners of currently licensed dogs together with an application for renewal. Section 2, Paraqraphs h., and i. are deleted. Section 3 is amended to read, 3. For County's provision of services to City under this Agreement, City shall compensate County $52,250 for the period of September 1, 2005 through June 30, 2006, plus fees collected attendant to Paragraph 4, plus the actual costs of attrition ("attrition costs") for County employees who will be displaced on the date this Agreement terminates as specified in Section 6 (attrition costs not to exceed $69,452). The compensation of $52,250, plus the fees collected attendant to Paragraph 4, shall constitute full payment, including reimbursement for supervision, clerical assistance, field veterinary care and other overhead costs. City shall be invoiced quarterly and provided a quarterly report consisting of the number and types of calls received. With respect to attrition costs, City shall pay the actual costs of attrition determined by County for County employees who will be displaced on the date this Agreement terminates. County shall invoice City for the attrition costs on a quarterly basis, starting October 1, 2006, until displaced employees are placed in regular budgeted positions or until the attrition costs reach the amount of $69,452. City shall pay the actual costs of attrition (determined by County) within thirty (30) days after receipt of invoice. Section 4 is amended to read, 4. Up until April 30, 2006, the County shall use County Code section 16.0213A(b) in the administration of an animal license and field services program. All fees collected by County pursuant to County Code section 16.0213A(b) regarding fees associated with licensing and field services shall be retained by County. For all animals apprehended and/or licensed by the County for the period of May 1, 2006 through June 30, 2006, fees collected by City for such services shall be forwarded and paid to County as provided in Section 3 of this agreement. Section 6 is amended to read, 6. This agreement is effective as of July 1, 1996 and will expire on June 30, 2006, unless otherwise terminated or amended. Notwithstanding the foregoing, either party may terminate this Contract, with or without cause, at any time upon sixty (60) days prior written notice to the other party. Such notification shall state the effective date of termination. City's obligation to pay County for services performed prior to the effective date of termination shall survive termination of this contract. City's obligation to pay County for the actual costs of attrition shall survive termination of this contract. III I// I/I /I/ /// /// III /// Page 2 of 3 Section 16 is added to read, 16. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below. City: City of Rancho Cucamonga Attn: Pam Easter, Deputy City Manager 10500 Civic Center Drive Rancho Cucamonga, CA 91730 County: County of San Bernardino Department of Public Health Attn: James Felten, Director 351 North Mt. View Avenue San Bernardino, CA 92415-0010 All other terms and conditions of the Contract shall remain in full force and effect. This Amendment No. 1 to the Contract shall take effect on September 1, 2005. COUNTY OF SAN BERNARDINO City of Rancho Cucamonga (Print or type name of corporation, company, City, etc.) By ~" Bill Postmus, Chairman, Board of Supervisors ~' (Authorized signature - sign in blue ink) Dated Name SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name ofperson signing contract) DOCUMENT HAS BEEN DELIVERED TO THE Title CHAIRMAN OF THE BOARD (Print or Type) Clerk of the Board of Supervisors Dated of the County of San Bernardino. By Address 10500 Civic Center Drive Deputy Rancho Cucamonga, CA 91730 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature (Scott Runyan), County Counsel Jim Felten, Public Health Director Date Date Date Auditor/Controller-Recorder Use Only El Contract Database n FAS Input Dat~ Keyed By Page 3 of 3 FOR COUNTY USE ONLY REVENUE ONLY __ New Vendor Code Dept. Contract Number ~X Change CITYOFR002 A SC'PHL ~ Cancel 01-869 A-1 County Department Dept. Orgn. City's License No. DPH - Animal Care & Control PHL PHL County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Aimee Austin (909) 891-3858 $1,785,055 Contract Type F A S [] Revenue [] Encumbered [] Unencumbered [] Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 7/1/2001 4/30/2006 $305,600 $511,721 Fund Dept. Organization Appr. Obi/Rev Source CRC/PRO J/JOB No Amount AAA PHL 2600 I 9520 ~ 93130 $511,721 Fund Dept. Organization Appr. Obi/Rev Source CRC/PRO J/JOB No Amount Fund Dept. Organization Appr. Obi/Rev Source CRC/PRO J/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Animal Care & Control FY Amount I/D FY Amount I/D Shelter Services 01-02 $1,222,400 05-06 $50,934 to 04- O5 05-06 $203,733 I __ 06-07 $307,988 I THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Public Health Animal Care & Control, hereinafter called the County, and City of Rancho Cucamonga hereinafter called City Address 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone Birth Date (909) 989-1851 Federal ID No. or Social Secudty No IT IS HEREBY AGREED AS FOLLOWS: AMENDMENT NO. 1 It is hereby agreed to amend County Contract No. 01-869 ("the Contract") as follows: Paraqraph K is added to Section I1., "CITY RESPONSIBILITIES", to read, ~ K. City shall exercise its best effods to provide directly, or by contract, by October 1, 2005 and throughout the term of this Agreement, all veterinary care, treatment and medications, to be provided regularly and as-needed by a California licensed veterinarian and daily (six (6) days a week) by a California registered veterinary technician (under the supervision of the licensed veterinarian), for all animals that are held at the shelter beyond the period of time required under the Food and Agricultural Code, including sections 31108, 31752 and 31753. Upon implementation of the City's veterinary care program, County shelter staff shall cooperate with the personnel (veterinarians and Page 1 of 4 veterinary staff) providing services and shall provide care in accordance with veterinary advice. City shall be responsible for payment of all costs associated with veterinary care, treatment and medications for animals held beyond the holding period required by the Food and Agricultural Code. All costs associated with veterinary care, treatment and medications for animals being held during the holding period required by the Food and Agricultural Code shall be paid by the County as costs included in the flat rate paid by the City pursuant to Section IV., Paragraph A. Paragraph L is added to Section I1., "CITY RESPONSIBILITIES", to read, L. City staff will be available on a scheduled basis to meet with County staff and members of the public, who have questions/concerns about animal services operations. Paraqraph U is added to Section II1., "COUNTY RESPONSIBILITIES", to read, U. Animals will be held at the shelter for the minimum holding period required by the Food and Agricultural Code. Animals deemed by County shelter staff to be adoption candidates will be held as long as possible, but no less than required by State law. The goal through the term of this agreement is to maximize the number of animals that are live released (adopted, redeemed by owners or transferred to rescue groups). Neither City nor County may expand current animal capacity at the shelter without an amendment to the Contract as provided in Section VIII., Paragraph C. For purposes of this Agreement, "current animal capacity" is defined as the number animals that may be housed at the shelter (based upon the number of kennels/cages at the shelter) as of June 1, 2005, which is 55 kennels for dogs - I adult dog (or 1 adult dog with litter) per each kennel and 56 cat cages - 1 adult cat (or 1 adult cat with litter) per each cage. Paraqraph V is added to Section III., "COUNTY RESPONSIBILITIES", to read, V. Individuals that adopt an animal at the shelter are responsible for the costs associated with spaying and neutering the animal. Paraqraph W. is added to Section III, "COUNTY RESPONSIBILITIES", to read. W. County agrees to provide information on policies, procedures, physical facilities, data, and other reasonable requests made by City staff or by City contractors, passed through City staff, to aid in effecting a transition to City services. In addition, County will turn over to City, in electronic form (in a an electronic format determined by County staff with input provided by City staff), all County animal control data/information from the Chameleon system from February 2003 to April 30, 2006 which was created and used in the operation of the shelter, including, but not limited to, lost and found, intake and disposition data, license information, cruelty and code enforcement and statistics related to animal control in the City. Paraqraph X is added to Section Ill., "COUNTY RESPONSIBILITIES", to read, X. County and City staff will conduct an inventory of all furnishings, equipment, and supplies at the shelter to determine which of the items are the properties of the County or City. This inventory will be used in the disposition of these items on or before April 30, 2006. Paraqraph Y is added to Section III., "COUNTY RESPONSIBILITIES", to read, Y. County will cooperate in the City's establishment of an office for the City's Animal Services Director and the conduct of training to be provided by City's Animal Services Director to City employees at the shelter during the transition period prior to April 30, 2006. Page 2 of 4 Section IV., "FISCAL PROVISIONS", is amended to read, A. For County's provision of services to City under this Agreement, City shall compensate County $203,733 for the period of September 1, 2005 through April 30, 2006. The $203,733 to be paid to County, as provided herein, shall be in full payment for all County's services and expenses incurred in the performance hereof, including travel and per diem. The City shall also compensate County the actual costs of attrition in an amount not to exceed $307,988 ("attrition costs") for County employees who will be displaced on the date that this Agreement terminates as specified in Section VI. B. Payment Method 1. County shall submit quarterly invoices to City. City shall process County's claim for payment and make payment to the County within thirty (30) days following receipt of County invoice. 2. With respect to attrition costs, City shall pay the actual costs of attrition determined by County for County employees who will be displaced on the date this Agreement terminates. County shall invoice City for the attrition costs on a quarterly basis, starting August 1, 2006, until displaced employees are placed in regular budgeted positions or until the attrition costs reach the amount of $307,988. City shall pay the actual costs of attrition (determined by County) within thirty (30) days after receipt of invoice. C. License, shelter, and field revenues received from residents of the City shall be retained by the County to offset costs associated with this contract that are not covered under Section IV.A, above. D. County shall receive all cooperation possible from City to enable efficient enforcement of fee collection. County shall retain all fees and revenue derived from the enforcement of the City Ordinances and State law pertaining to the animal care & control services provided by County. Section VI., "TERM", is amended to read, This agreement is effective as of July 1, 2001 and will expire on April 30, 2006, unless otherwise terminated or amended. Notwithstanding the foregoing, either party may terminate this Contract, with or without cause, at any time upon thirty (30) days prior written notice to the other party. Such notification shall state the effective date of termination. City's obligation to pay County for services performed prior to the effective date of termination shall survive termination of this contract. City's obligation to pay County for actual attrition costs incurred by County shall survive termination of this contract. Page 3 of 4 Section VIII., "GENERAL PROVISIONS", Paraqraph A is amended to read, A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below. City: City of Rancho Cucamonga Attn: Pam Easter, Deputy City Manager 10500 Civic Center Drive Rancho Cucamonga, CA 91730 County: County of San Bernardino Department of Public Health Attn: James Felten, Director 351 North Mt. View Avenue San Bernardino, CA 92415-0010 All other terms and conditions of the Contract shall remain in full force and effect. This Amendment No. 1 to the Contract shall take effect on September 1, 2005. COUNTY OF SAN BERNARDINO City of Rancho Cucamonga (Print or type name of corporation, company, City, etc.) By ~' Bill Postmus, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated Name (Pdnt or type name of person signing contracO SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title CHAIRMAN OF THE BOARD (Print or Type) Clerk of the Board of Supervisors Dated of the County of San Bernardino. By Address 10500 Civic Center Drive Deputy Rancho Cucamonga, CA 91730 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature (Scott Runyan), County Counsel Jim Felten, Public Health Director Date Date Date Auditor/Controller-Recorder Use Only t-/Contract Datab~ase [3 FAS Input Dar Keyed By Pag~ 4 of 4 Must Do By Law: · Must determine flow and placement in animal housin§ areas which maximizes adoption space, promotes efficient movement of animals through the system, is public friendly and separates: sick animals from healthy animals, puppies/kittens from adult animals, and provides a separate holding area for legal holds, wildlife and feral cats. ·Eliminate the multiplicity of si§ns and remove the clutter, including vending machines in the lobby. ·If they do not belong to the City, the City must purchase a Washer & Dryer, preferably of commercial grade. ·If it does not belong to the City, the City must purchase a standard household refrigerator for vaccines and drugs which must be refrigerated. ·Contract or utilize existing departments for regular trash pick up on a timely basis. · Must determine a disposal method for bio-hazardous waste. · Must determine a disposal method for animal carcasses. · Purchase first aid kits for the shelter in the event of injury to people. ·Maintain Material Safety Data Sheets (MSDS) for all chemicals used and incorporate into any employee and volunteer training program. ·Have the City Fire District do a walk through to ensure that fire extinguishers and alarms are available, up to code, and that proper signage is in place. ·Verify that emergency telephones that exist throughout the shelter are in working order. ·Because shelters use chemicals, there should be an emergency eye wash station, at a minimum, in the main dog kennel area and the medical room. · While local government workers are excluded from Federal coverage under the Occupational Safety and Health Act of 1970, ensure that the shelter meets local and state requirements through the City's safety compliance officer. · Initiate a safety training program using existing personnel from other City departments, the health department, vector control, private practice veterinarians, and/or Western University College of Veterinary Medicine which covers, at a minimum: I.) Animal handling; 2.) Emergency treatment; and, 3.) Zoonoses detection, prevention and reporting. ·Ensure that a written protocol exists and is followed for any staff member who is injured on the job or member of the public. · Educate staff about the proper mixing and handling of chemicals used. · Offer rabies pre-exposure prophylaxis and titers to staff Who work with animals. Employees who decline such should sign waivers. The Department of Public Health, City health offices, or a local hospital can provide this service and cost proposals. · Train staff on handling, restraining and evaluation animals. · Create standardized internal signage explaining the purpose of each room and which areas are and are not open to the public. *Attachments: Provided by Mr. Winograd as guidelines for Staff- the lists are not legal opinions) *Not listed in any particular order. Must Do By Law (continued) · Coordinate through the City agency responsible for emergency planning, a role for RCAS in a City-wide plan for responding to rescue needs in the event of a disaster. · Have Fire District staff or other public safety agency do an "audit" of the current shelter to determine if the agency is prepared for power outages, fire or other disaster. · Have City staff work with the Fire District staff to determine what procedures need to be considered and added to the Procedures and Preparedness document. · Develop a comprehensive facility maintenance plan that includes regular inspection of kennels, cages, floors, equipment and lighting, including filters and fans on HVAC equipment through the auspices of the City Facilities Division. · Determine hours of operation. · Determine holiday work schedule. · Consider whether the City's 4-10 work plan is appropriate for a seven day per week operation (irrespective of whether the shelter is open to the public seven days a week, as animals need care, feeding, medication and, as appropriate, socialization, seven days a week.) · Determine "on call" procedures and compensation · City must get a dedicated cell telephone and telephone number for emergency purposes. · Work with the City's Information Services Department to determine the adequacy of the existing telephone system at RCAS, what modification are necessary, and the cost of those modifications. · The system should be pre-recorded and available to go live when the City takes over operations. · Determine if the City wants to have "live" telephone answer during the time the shelter is open, although in a modern animal shelter an audix-type system can "weed out" basic information requests that could be handled by pre-recorded messages. · Purchase shelter management software; consider additives and a training program. (If take over licensing, must include licensing capability) · Purchase and build network through IS department. · Staff uniforms. For field staff, full public safety uniforms including belts and boots. · Set fees for adoption. · Set fees, if any, for surrendering animals. While many shelters do not charge fees for owned animals, others have a "waivable" fee to help defray costs. · Set fees for redemption of animals on an escalating basis (first offense, second offense, third offense within a twelve month period.) · Create job descriptions for all mandator7 shelter positions and recruit with a goal of hiring all staff four to six weeks before taking over operations for purposes of team building and training. · Create an organization chart to be modified by the new Animal Services Director. · Create written policies and procedures for all aspects of shelter operations. Must Do By Law (continued) · City employee handbooks must be modified to reflect unique shelter needs including exposure to zoonotic diseases, aggressive animals, working around chemicals, the 24~7 nature of emergency operations, and the need to have staff 365 days a year even when the shelter is closed to feed and care for the animals. · Purchase start up and continuing care equipment and supplies. · Develop a cleaning and disinfecting protocol. · An animal flow and "hold" policy needs to be developed. · Provide training to staff in identifying animal body posture and signs of stress. · Provide training to staff in temperament evaluations. · Written guidelines must be expanded to include standard operating procedures for animal handling. · Staff should be trained to remove feral cats from traps and carriers in a quiet room using a feral cat handling system. · Purchase a feral cat restraint system, capture gloves, crates, transport cages, nets, leashes, muzzles, stretchers, and push carts, as well as towels and blankets for transport and handling. · Develop policies and procedures for intake. · Create forms for intake, including background information on each animal to aid in the adoption process. · Develop Lost & Found policies and procedures. · Train staff to identify breeds correctly. · Train staff in determining the difference between a shy or frightened cat and a truly feral cat. · Develop a relationship with veterinary providers for DEA license use, rotations, primary care, 24/7 triage, and spay/neuter. (Or have to contract it out. State law requires medical care and spay/neuter.) · Hire a trained and experienced veterinary technician, and contract with a veterinarian to evaluate and treat shelter animals. · Develop a pain protocol, appropriate medical evaluation forms, daily medication logs, a formal mechanism for flagging animals that need veterinary care, and a consistent flea preventative policy. · Develop protocols for feeding, including paying special attention to geriatric animals, infirm animals, nursing mothers and young animals. · Buy pet food. · Create a medical evaluation check-list, which includes vaccinations. · Develop protocols for vaccinations. Ensure that contracts for spay/neuter currently held between private veterinarians and the county continue once the City takes over operation of the shelter (with attention paid to the preferred procedures followed by the veterinary provider). · Develop adoption policies and procedures. · Develop adoption forms. · Set adoption fee schedule. · Develop a temperament testing protocol. · Develop staff accountability provisions. 3 Must Do By Law (continued) · Develop policies and procedures for selection, training, process, verification and disposal. · Hire and train staff to perform euthanasia according to the requirements of California law. · Associate with a veterinarian to provide a DEA Number for the purchase of euthanasia drugs (controlled substances). · Purchase a minimum of two (preferably three, in the event one is in service) animal control vehicles, with air conditioned and positively ventilated animal compartments, strobe lights, police search lights, two-way radio ability, and ladders. · Develop a vehicle maintenance plan including routine and extraordinary service.. · All officers should carry safety equipment. · Purchase uniforms and badges. · Hire trained officers or provide training. · Develop an "on call" compensation policy. · Develop forms, policies and procedures for field services. · Develop appropriate service levels (e.g., will field officers pick up owner surrendered pets as well as stray animals, will they pick up cats in addition to dogs, will they pick up on Sundays, will they euthanize in the field?) · Determine canvassing policies and procedures. · Meet with Police and Fire officials to determine how emergency response requests will be handled. · Develop field service forms. · Purchase equipment for each vehicle in addition to the safety equipment. · Develop policies and procedures for wildlife control, including submission of rabies specimens for testing. · Develop waivers of liability. · Create internal signage that acknowledges risk, explaining what areas are open to the public, and requesting that animals not be handled without the help of a volunteer or staff member. · Seek a broad commercial insurance policy specifically geared toward animal shelters. · Develop training modules. 9/1/05 NOT LEGALLY REQUIREDt PER SE: · City must provide landscaping duties. · Because of a more public persona, the transfer of liability back to the City, emergency duties in the evening hours, and possible evening events, the City should review the adequacy of outside lighting both in front and around RCAS and the parking lot. · Arrow Route sees a fair amount of traffic during weekdays, but it is not clear to passersby that the building houses a pet adoption facility. An outside banner announcing pet adoptions will give the shelter cost-effective publicity and word of mouth promotion. The Shelter should purchase or produce external signage facing Arrow Route, facing the park parking lot, and elsewhere as appropriate (such as the Epicenter), which identifies that animals are available for adoption. · There will need to be educational material from RCAS in the lobby. · Use fans in animal housing areas that are not air conditioned; however, make sure the fans are regularly cleaned. · Replace the "chips" in the outside pen in the rear of the shelter, with a drainage barrier and smooth rocks for ease of cleaning and all weather use. This will presumably be handled by the City Facilities Division utilizing existing staff, with cost to be determined by City. · Except for one of the "get acquainted" rooms, all the walls of RCAS are white or dull. The shelter should be painted in murals and motifs of various bright and cheery colors. · The City should consider the purchase of a restaurant grade dishwasher (and preferably a restaurant sanitizer) for dog and cat bowls to reduce the need to wash by hand. · Purchase a series of stack cages and cat condos to increase cat holding capacity by two fold. · Convert "get acquainted" rooms into adoption spaces, including current office in lobby, · Invest in the modification of the shelter's heating, ventilation and air-conditioning (HVAC) systems to comport to modern requirements. This is crucial for reducing disease, stress, and smell. It will also improve public perception of the shelter, and increase the length of time the public spends at the facility. · Place sinks (with a foot pedal design to prevent the spread of disease associated with hand-handled sinks) near animal wards. · Consider adding an epoxy on cement dog runs as cement is highly porous making disease control more challenging. · Commission an animal shelter experienced architect to design, and subsequently build, a new shelter. · To the extent the City determines necessary, consider installing either cameras or a building alarm system to prevent against internal threats and after hours break-ins. No cost proposals are available as this would likely be administered through the City Facilities Division. 9/I/0S Not Legally Required (continued) · Require all staff to complete the free "animals in disaster" course provided by FEP1A for animal service agencies. · Non field staff uniforms. · Develop a multi-year funding strateg-/to provide City-funded spay/neuter for qualified Iow-income Rancho Cucamonga pet owners. This can be funded, in part, with a reasonable differential dog licensing program. · Develop socialization policies and procedures. · Enroll in a shelter supplier feeding program providing all animals with nutritionally adequate dry food. · Develop a relationship with Western University and private veterinarians to include spay/neuter at a minimum. · Create a surgery/treatment room as soon as possible, even if temporary such as the current employee break room, to maximize use of veterinary and Western University resources. · Establish a working relationship with veterinarians to encourage periodic rotations through the shelter to help with vaccination, diagnosis and rehabilitation of shelter animals. · Establish a post-adoption health certificate plan that will allow adopters to get a free health exam at local veterinarians, encouraging adopters to establish a relationship with veterinary providers. (The lack of a relationship with a veterinarian is one of the primary rise factors for relinquishment.) · Develop adoption program. (expanded) · Develop adoption giveaways, including a guide for caring for the new pet, identification tags, and other new pet owner information and supplies. · Develop a post-adoption callback program utilizing adoption staff, clerical staff, or volunteers to call back at two weeks and six months. · Hire a Community Programs Coordinator to oversee programs such as rescue placements and foster care. · Develop a protocol so that rescue groups get a daily e-mail inventory list of animals in the shelter on the day the animals are impounded, as many of these groups are foster-care based and need time to arrange transportation and temporary housing. This can be occurring during the stray period so that the animal can leave on the earliest possible day. · Hire a Community Programs Manager to oversee programs such as rescue placements and foster care. · Develop policies and procedures, and forms, for foster care. · Develop a binder of materials for staff to use to provide pet behavior advice in the shelter, on the website, and through other public relations channels. · Consider development of a dedicated telephone number for dog behavior and cat behavior advice. · Hire an Animal Handler (dog and cat trainer, in-shelter socialization) who can respond to a dedicated dog and cat behavior help line. · Develop programs such as pet friendly rental listings, a Iow-cost spay/neuter fund and other pet retention programs. (Existing models exist at other agencies.) 9/I/05 Not Legally Required {continued) · Develop policies and procedures to provide dogs a daily walk on a leash, daily play in a fenced area, and daily socialization including brushing, petting, and "people" time with the do,/cat. · Develop strategies to include volunteers and staff socialization of dogs and cats, recording of daily observations in a computer or handwritten Io§, noting things like activity level, ability to follow simple commands, favorite games or toys, interaction with other dogs, and any pro§tess made or problems noticed. This information comes in handy for the next socializer, and is particularly helpful when matching the dog with a new adopter. · Hire two veterinary technicians. · Develop a partnership with the Western University College of Veterinary Medicine, local veterinary technician programs at CaI-Poly Pomona and Mt~ Sac, and private practice veterinarians. · Partner with private practice veterinarians in the following areas: Development of a program where veterinarians provide a free health exam within 30 days of a RCAS adoption; Development of a program where veterinarians participate in doing rounds at P, CAS in exchange for a stipend and referral to owners who adopt animals they treat; Development of a program whereby private veterinarians participate in a fixed-fee spay/neuter voucher program, or otherwise assist in providing a sliding scale Iow-income spay/neuter program; Development of a program where private veterinarians provide a bid based system of treating RCAS animals; Development of a program where private veterinarians donate recently expired drugs that are still efficacious to RCAS; Development of a forum where private veterinarians are made aware of viral strains and other issues in the shelter and provide that information to clients in a positive manner, cognizant of the limitations of a shelter environment; Development of a continuing education module for private veterinarians revolving around shelter medicine issues, such as pediatric neutering. · Develop a website that is a true communi~ resource which should include information on RCAS programs and services, animals available for adoption, online licensing, pet friendly rentals, events, volunteer opportunities, a wish list, and more. · Develop a comprehensive marketing strategy that is consistent and positive. · Develop forms including an application, policies and procedures for a volunteer program including the following positions: dog walker, cat socializer, groomer, kennel assistant, greeter, adoption support, photography and website update, offsite adoption, transportation, foster parent and surrender counselor. · Train staff on customer service skills. · Develop policies and procedures for feral cats that include TNR as a public option. · Develop relationships with approved DFG rehabilitators. Lists are available from the Department of Fish & Game, and the county's relationships should be expanded to include City wildlife once RCAS is run by the City. · Develop a list of wildlife rehabilitators for shelter staff and for public referrals. 7 9/I/05 Not Legally Required (continued) · Develop information for the public about humane wildlife deterrents through fact sheets in the shelter, on the website and other public relations channels. · RCAS must articulate a new mission statement, which balances its competing priorities: protecting people from animals (a traditional animal "control" program) and protecting animals from people (a historical humane society or animal "care" program). · Define "No Kill" for Rancho Cucamonga.: · Partner with private individuals to form a "Friends of the RCAS" not-for-profit. Ideally, the Animal Services Director or his/her designee would participate in the endeavor and serve on the Board of Directors.