HomeMy WebLinkAbout2005/09/21 - Agenda Packet 10500 Civic Center Drive + Rancho Cucamonga, CA 91730-3801
AGENDAS
Ii¢~GULAR 1MIEET[NGS
tst and 3rd Wednesdays ~ 7:00 p.m.
AGENCY~ ]~OARD & C~[TY COUNCIL iM[EMI~ERS
William J. Alexander .................... Mayor
Diane Williams ............... I~layor Pro Tern
Rex Gutierrez ............................ i~lember
L. Dennis Michael ..................... Member
Sam Spagnolo .......................... i~tember
Jack Lam ......................... City I~lanager
James L. Markman ............. City Attorney
Debra J. Adams ..................... City Clerk
5:30 p.m. Closed Session ................... Tapia Conference Room
7:00 p.m. Regular Redevelopment Agency IVleeting... Council Chambers
Regular Fire Protection District .......... Council Chambers
Regular City Council IVleefing .............Council Chambers
INFORMATION FOR THE PUBLIC
~.,.RANCHO
~UC~MONC,~
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 forward to the podium located at the center of the staff table. State your
name for the record and speak into the microphone.
All items to be placed on a City Council Agenda must be in writing. The deadline for submitting these items is 6:00
p.m. on Tuesday, one week prior to the meeting. The City Clerk's office receives all such items.
AGENDA BACK-UP MATERIALS
Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter and the
Public Library. A complete copy of the agenda is also available at the sign in desk located behind the staff table
during the Council meeting.
LIVE BROADCAST
Council meetings are broadcast live on Channel :~ 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, c£rancho-cucamonga, ca.us
If you need special assistance or accommodations to participate in this meetihg, 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 21, 2005 - 7:00 P.M.
THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 1
cRANcHO HALL, 10500 CIVIC CENTER DRIVE
UCAMONGA
II A. CALL TO ORDER I
1. Roll Call: Alexander __, Gutierrez __,
Michael__, Spagnolo , and Williams__.
B. ANNOUNCEMENTS/PRESENTATIONS I
1. Presentation of Proclamations and Certificates of Recognition to five
Little League Divisions for winning their District/Section
Ghampionehips in Rancho Gucamonga.
2. Presentation of a Proclamation to the Daughters of the American
Revolution in recognition of the 2'10th anniversarg of the signing of the
United Statas Constitution.
II c. ' JBLIC COMmJN CAT ONS
lhia ia the time and place for the general public to address the City
Council. State law prohibits the City Council from addreaaing any
iseua not praviouely included on the .agenda. lha City Council may
receive teetimoa¥ and aet the matter for a subsequent meeting.
Commenta are to be limited to five minutes per individual.
II ¢oNs T I
Tho followin9 gon~nt Galandar Roma ara oxp,~tad to bo routine and
nonmontrovamiaL Iha~ will ha acted upon b~ the Council at eno time
without discussion. An~ item ma~ ha removed by a ~ouncilmambar
or member of th* audionoo [or diaoua~ion.
~. Approval of Minutes: September 6, 2005 (Joint Mt9.)
2. Approval of Warrants, Register August 3~ through September
200~, and Payroll endino September ~3, 2005 for th~ total amount of
$2,377, ~8~.86.
3. Approw to rocoiw and file currant Investment Schedule as of Au9ust
3~, 2005.
CITY COUNCIL AGENDA
SEPTEMBER 21, 2005 - 7:00 P.M.
THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 2
~NCHO HALL, 10500 CIVIC CENTER DRIVE
CUCAMONGA
4. Approval of a donation of a parlor grand piano for the Victoria 31
Gardens Cultural Center and the appropriation and authorization of
funds not to exceed $7,500 for its refurbishment, to be funded from
Acct. No. 2650-801-5300/1357-6322.
5. Approval to appropriate $5,000.00 to complete materials testing for 33
the Emergency Erosion Control Projects from the General Fund to
Acct. No. 1001307-5650/1501001-0.
6. Approval of Parks, Recreation Facilities and Community Services 35
Update.
7. Approval of a Resolution authorizing the destruction of City records 49
pursuant to California Government Code Section 34090, the City's
Records Retention Schedule, and other applicable legal citations.
RESOLUTION NO. 05-267 50
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CITY RECORDS WHICH
ARE NO LONGER REQUIRED AS SET FORTH
IN CALIFORNIA GOVERNMENT CODE
SECTION 34090 AND OTHER APPLICABLE
LEGAL REFERENCES
8. Approval of Parcel Maps 15699-1 and 15699, located north of the
extension of Day Creek Boulevard and west of Etiwanda Avenue, 90
submitted by JTY Investment LLC.
RESOLUTION NO. 05-268 91
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING PARCEL MAP
NUMBERS 15699-1 AND 15699
9. Approval of Improvement Agreement, Improvement Security, Ordering 93
the Annexation to Landscape Maintenance District No. 1 and Street
Lighting Maintenance District Nos. 1 and 2 for DRC2001-00439,
located at the southeast corner of Vineyard Avenue and Calle del
Prado, submitted by Lifeway Church, a California nonprofit religious
corporation.
RESOLUTION NO. 05-269 94
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT
SECURITY FOR DRC2001-00439
CITY COUNCIL AGENDA
SEPTEMBER 21, 2005 -- 7:00 P.M.
THE MEETING TO BE HELD in THE COUNCIL CHAMBERS, CITY 3
(~RANoHO HALL, 10500 CaVlC CENTER DRIVE
UCAMONGA
RESOLUTION NO. 05-270 95
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 DRC2001-00439
10. Approval of Improvement Agreement, Improvement Securities, 103
Monumentation Cash Deposit and Ordering the Annexation to
Landscape Maintenance District No. 1 and Street Lighting
Maintenance District Nos. 1 and 2 for Tract 16311, located at the
southeast corner of Hellman Avenue and 6th Street, submitted by
Crestwood Corporation.
RESOLUTION NO. 05-271 106
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITIES
AND MONUMENTATION CASH DEPOSIT FOR
TRACT 16311
107
RESOLUTION NO. 05-272
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 TRACT 16311
116
11. Approval of Map, Improvement Agreement, Improvement Security and
Ordering the Annexation to Landscape Maintenance District 3B and
Street Lighting Maintenance District Nos. 1 and 6 for Tract 17277,
located on the east side of Archibald Avenue north of 6th Street,
submitted by G & L Commercial.
RESOLUTION NO. 05-273 i 19
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING TRACT MAP
NUMBER 17277, IMPROVEMENT
AGREEMENT AND IMPROVEMENT
SECURITY
CITY COUNCIL AGENDA
SEPTEMBER 21, 2005 - 7:00 P.M.
THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY
(~,I~..~.NCHO HALL, 10500 CIVIC CENTER DRIVE
UCAMONGA
RESOLUTION NO. 05-274
120
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION
OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND
STREET LIGHTING MAINTENANCE DISTRICT
NOS. 1 AND 6 FOR TRACT NO. 17277
12. Approval of a Contract Amendment (CO 03-090) adjusting the hourly 129
rate for inspection services provided by Associated Engineers, Inc.
13. Approval to enter into a Professional Services Agreement (CO 05- 143
089) with BD Systems to provide contract staffing services for GIS
assistance in the preparation of maps, fire run books, block plans and
other GIS work as needed, to be funded by Acct. Nos. 1016301-5300
($52,000); 1154303-5300 ($28,000); and 3281501-5300 ($10,000).
14. Approval to accept the bids received and award and authorize the
execution of the contract in the amount of $197,133.00 to the 145
apparent Iow bidder, Steiny and Company, Inc. (CO 05-090), and
authorize the expenditure of a 10% contingency in the amount of
$19,713.30 for the Etiwanda Avenue at Church Street Traffic Signal
Improvements, to be funded from CFD 2001-01 funds, Acct. No.
16123035650/1442612-0 and appropriate $241,846.30 (contract
award of $197,133.00 plus 10% contingency in the amount of
$19,713.30 plus construction soils and materials testing in the amount
of $10,000.00 plus construction survey in the amount of $15,000.00)
to Acct. No. 161239035650/1442612-0 from CFD 2001-01 fund
balance.
15. Approyal to release Maintenance Guarantee Bonds for DR 98-10 (TR 149
13316), located on the east side of Archibald Avenue and Carreri
Street, submitted by Barrett American, Inc.
16. Approval to accept Improvements, release the Faithful Performance 151
Bond, accept a Maintenance Bond, and file a Notice of Completion for
improvements for PM 15966 (DRC2002-00845) located at the
northeast corner of White Oak and Elm Avenues, submitted by
Rancho Oaks, LL.
RESOLUTION NO. 05-275 153
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PM 15966 (DRC2002-
00845) AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
CITY COUNCIL AGENDA
SEPTEMBER 21, 2005 - 7:00 P.M.
THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY
C[[:~U~.NCHO HALL, 10500 Civic CENTER DRIVE
UGAMONGA
17. Approval to accept Improvements, release the Faithful Performance 154
Bond, accept a Maintenance Bond, and file a Notice of Completion for
improvements for TR 16332, located on the north side of Hillside
Road, east of Hermosa Avenue, submitted by Stonebridge Rancho
Cucamonga, LLC.
RESOLUTION NO. 05-276 155
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TR 16332 AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
18. Approval to release the Faithful Performance Bond No. 08658633 in
the amount of $243,432.00 for the Local Street Pavement 157
Reconstruction north of 19th Street and east of Haven Avenue,
Contract No. 04-018.
19. Approval to release Maintenance Guarantee Bond No. 8738461 in the 159
amount of $29,111.83 for the Grove Avenue Pavement Rehabilitation
Improvements from Arrow Route to Foothill Boulevard, Contract No.
04-026.
20. Approval to accept the Sapphire Street Pavement Rehabilitation from 161
19 Street to Banyan Street, Contract No. 05-033 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
$151,192.88.
RESOLUTION NO. 05-277 163
A RESOLUTION OF THE CiTY COUNCIL OF
THE CiTY OF RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE SAPPHIRE
STREET PAVEMENT REHABILITATION FROM
19TM STREET TO BANYAN STREET,
CONTRACT NO. 05-033 AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
II CoNs, NT O AN,:ES 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.
CITY COUNCIL AGENDA
SEPTEMBER 21, 2005 - 7:00 P.M.
THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 6
~CHO HALL, '~ 0500 Civic CENTER DRIVE
IIADVERTISED PUBLIC HEARINGS I
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. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE 165
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 files: Conditional Use
Permit DRC2003-01130 and Preliminary Review DRC2002-00704.
Staff has prepared a Negative Declaration of environmental impacts
for consideration. (CONTINUED FROM AUGUST 17, 2005)
ORDINANCE NO. 746 (first reading) 309
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 LIMITED
LOCATIONS OF THE UTILITY CORRIDOR
DISTRICT, AND MAKING FINDINGS IN
SUPPORT THEREOF
MEMORANDUM OF UNDERSTANDING DRC2005-00078 - CITY
OF RANCHO CUCAMONGNSOUTHERN CALIFORNIA EDISON - 165
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. (CONTINUED FROM AUGUST 17, 2005)
II~. 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.
,~ CITY COUNCIL AGENDA
SEPTEMBER 21, 2005 - 7:00 P.M.
THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS~ CITY 7
(~RANcHO HALL, 10500 CIVIC CENTER DRIVE
UCAMONGA
Il H. CITY MANAGER'S STAFF REPORTS I
Tho following items do not legally require any public testimony,
although the Chair may open the meeting for public input.
1. CONSIDERATION OF LANDMARK DESIGNATIONS DRC-2005- 321
00777 AND DRC-2005-00776 CHRIS NICHOLS - A
recommendation to initiate Historic Landmark Designations for 9532
Roberd's Ct. for the original Roberd's House, located at 9532
Roberd's Ct., and 7201 Amethyst St., the Nazarene Church (second
Roberd's House), located at 7201 Amethyst St. as Designated Local
Landmarks-APN: 202-161-05 & APN: 202-161-04.
2. CONSIDERATION OF THE ISSUANCE OF THE CiTY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 331
(RANCHO SUMMIT) 2005 SPECIAL TAX BONDS AND APPROVAL
OF THE FORMS OF THE FISCAL AGENT AGREEMENT, BOND
PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT
AND OTHER TRANSACTIONAL DOCUMENTS.
RESOLUTION NO. 05-278 337
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2000-03 (RANCHO
SUMMIT), AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF SPECIAL TAX
BONDS OF THE DISTRICT, APPROVING THE
FORM OF FISCAL AGENT AGREEMENT,
BOND PURCHASE AGREEMENT,
PRELIMINARY OFFICIAL STATEMENT AND
OTHER DOCUMENTS AND AUTHORIZING
CERTAIN ACTIONS IN CONNECTION WITH
THE ISSUANCE OF SUCH BONDS
II L COUNCIL BUSINESS I
The following items have been requested by the City Council for
discussion. They are not public hearing items, although the Chair
may open the meeting for public input.
1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three
minutes per Councilmember.)
2. CONSIDERATION OF ALTERNATIVES REGARDING THE
POTENTIAL HOSTING OF THE FREEDOM'S FLAME MEMORIAl 569
AT CENTRAL PARK (CONTINUED FROM JULY 6, 2005)
CITY COUNCIL AGENDA
SEPTEMBER 21, 2005 - 7:00 P.M.
THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY 8
(~RA~cHo HALL, 10500 Cavlc CENTER DRIVE
J. ADJOURNMENT I
l, 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 15, 2005, seventy two (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic
Center Drive.
September 6, 2005
CITY OF RANCHO CUCAMONGA
CITY COUNCIL/CUCAMONGA VALLEY WATER DISTRICT (CVWD) MINUTES
Special Joint Meetinq
II A. C^L,.TO I
A special joint meeting of the Rancho Cucamonga City Council and the Board of Directors for the
Cucamonga Valley Water District (CVWD) was held on Tuesday, September 6, 2005, in Etiwanda Hall at
the Central Park Facilities located at 11200 Base Line Road, Rancho Cucamonga, California. Mayor Pro
Tem Diane Williams called the meeting to order at 6:30 p.m.
Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and
Mayor William J. Alexander (arrived at 6:33 p.m.).
Present were CVVVD Boardmembers: James V. Curatalo, Jr., Robert Neufeld, Randall Reed, Jerome M.
Wilson, and President Henry L. Stoy.
Also present were: Jack Lam, City Manager; Larry Henderson, Principal Planner, Joe O'Neil, City
Engineer; Robert Lemon, Management Analyst II; Erica Darplee, Management Analyst I, Trang Huynh,
Building Official; Francie Martindale, Marketing Manager; Chief Peter Bryan, Rancho Cucamonga Fire
Protection District;; and Debra J. Adams, City Clerk.
II B. PUBLIC COMMUNICATIONS I
B1. John Lyons mentioned President Bush's recent visit at this facility. He commented on his
experiences during this event.
Mayor Alexa. nder arrived at 6:33 p.m.)
C. ITEM(S) OF BUSINESS
Jack Lam, City Manager, stated this agenda was developed by both agencies.
C1. DISCUSSION OF WATER USE ISSUES AND THE FUTURE OF WATER DELIVERY TO THF
COMMUNITY
A power point presentation, which is on file in the City Clerk's office, was given by Robert A. De Loach,
General ManagedChief Executive Officer of CVWD.
The CVVVD Boardmembers provided additional information about this item with questions asked by the
City Council about water supply.
City Council/CVWD Special Meeting Minutes
September 6, 2005
Page 2
The City Council and CVWD Board talked about the storing of bottled water in case of a disaster and the
storage of water for the entire community's use.
C2. DISCUSSION OF CITY POLICIES REGARDING PUBLIC LANDSCAPE DESIGN AND WATER
CONSERVATION
A power point presentation, which is on file in the City Clerk's office, was introduced by Joe O'Neil, City
Engineer, and given by Erica Darplee, Management Analyst I.
CVVVD Boardmember Neufeld commented on the design of Haven and Milliken. He felt the City and
CVWD should work together to try and control what people are planting in their backyards in an effort to
try and save water.
Joe O'Neil, City Engineer, stated they could do this through the City's newsletter and through other means
of education.
Mayor Alexander stated he did not know how to control what people plant in their backyard since permits
are not required for this.
Councilmember Williams felt people should be aware of economics and how much money they would
save by smart planting. She stated she would love to revisit the idea a water conservation garden and
felt this could be accomplished through education.
CVWD Boardmember Curatalo stated there are also rebate programs for their customers who conserve
water on their landscaping.
CVWD Boardmember Stoy was glad to see the City is on the same page as CVWD with regards to
conserving water.
C3. DISCUSSION OF RECLAIMED WATER - VARIOUS OPPORTUNITIES AND POTENTIAl
LOCATIONS FOR USE, IMPLEMENTATION TIME FRAMES AND SCHEDULE,°,
Robert De Loach, General Manager/Chief Executive Officer of CVWD, talked about the reclaimed water
project on 6th Street.
Marly Zvirbulis, Assistant to the General Manager/COO of CVWD, talked about using recycled water at
various City facilities and the timeframe for that to be available. He stated CVWD is on track in meeting
their recycled water goals as was shown in Mr. De Loach's power point.
Councilmember Williams asked if the color of the covers for the aerators could be changed that are
located on 6th Street.
Marly Zvirbulis, Assistant to the General Manager/COO of CVWD, stated they are currently purple
because that makes them very obvious. He felt there were things that could be done to change this a
little.
Councilmember Williams felt they should be a little less obvious than they are, and that this should be
changed.
Councilmember Williams asked if CVWD felt recycled water could some day be available to homeowners.
Robed De Loach, General Manager/Chief Executive Officer of CVWD, stated this would be quite difficult.
City Council/CVWD Special Meeting Minutes
September 6, 2005
Page 3
C4. DISCUSSION OF THE USE OF PACKAGE TREATMENT PLANTS, I.E., AT CENTRAL PARK, AND
USE OF THE WATER FOR WATER FEATURES AND IRRIGATION
Robert De Loach, General Manager/Chief Executive Officer of CVWD, stated they have been pursuing for
some time with City staff the use of recycled water for various City facilities. He stated the farther up the
hill you go, the harder it is to get recycled water to a facility. He reported on ways to make this easier and
without any problems to residences. He stated they want to add to the beauty of Central Park, and not
take away from it by the development of their facilities. He did not think they would be getting any federal
dollars for this project.
CVWD Boardmember Curatalo stated he would like to move forward with a committee consisting of two
Councilmembers and two CVWD Boardmembers to work on this project.
Councilmember Spagnolo stated he agreed there should be open dialogue so everyone is aware of what
is being developed. He wished the public could hear what dialogue is going on between the City Council
and the CVWD Board.
CVWD Boardmember Neufeld felt it was important for the public to be informed about this. He stated he
is very excited to be part of this community.
CVWD Boardmember Curatalo wanted to commit the Water District to collect the information they need
on storing bottled water. He stated he would like his staff to gather the information and provide it to the
City.
Councilmember Spagnolo felt the City needs to continue looking at its disaster plan to make sure we are
ready if a disaster does hit. He complimented the City on its State-of-the-art Emergency Operations
Center (EOC).
CVWD Boardmember Neufeld hoped there would be a future meeting of the City Council and the CVWD
Board to discuss what would happen if the water supply was lost during a disaster. He did not want the
City to get caught like New Orleans has.
C5. DISCUSSION OF BUILD-OUT OF THE CITY AND THE IMPACTS ON FUTURE WATER NEED,";,
A power point was given by Larry Henderson, Principal Planner, which is on file in the City Clerk's office.
C6. DISCUSSION OF OPPORTUNITIES FOR COOPERATION BETWEEN THE DISTRICT AND THF
CITY
· Irrigation coordination and conservation
· Construction coordination
· Development of a joint policy document for fire requirements
· Ongoing communication between the two agencies on policies and projects
Jack Lam, City Manager, stated listed in the title are the opportunities for the City and Water District to
cooperate. Jack stated when there are protocols with these items, it is always a good idea to meet to
discuss these.
/-2..
City Council/CVWD Special Meeting Minutes
September 6, 2005
Page 4
C7. UPDATE ON CVWD'S WATER BOTTLE DISTRIBUTION PROGRAM
Jo Lynne Pereyra, Assistant to the General Manager of CVWD, stated they have received two grants this
year that can assist customers with their bills. She mentioned their program for the 6th thru 12th grade
students to design the bottle cover, and that they are now storing many cases of water. She stated they
do provide water for various community events. She stated they do this to market their organization.
Councilmember Spagnolo stated earlier, CVWD Boardmember Curatalo mentioned a Task Force of City
Councilmembers and CVVVD Boardmembers, and asked when we could meet to do this.
Jack Lam, City Manager, stated it could be placed on each Board's agenda to select a subcommittee to
be part of this.
CVVVD Boardmember Reed thanked the City Council for meeting with them. He hoped they have related
to the Council their concerns for meeting the City's needs.
CVWD Boardmember Stoy also thanked the City for this meetir~g. He felt communication was the key to
good relations. He stated he is impressed with the spirit of everyone here.
CVVVD Boardmember Neufeld also thanked the Council. He stated CVWD has made a commitment to be
the best water agency in the region and the state. He stated they are now known nationally because of
their commitment and for making Rancho Cucamonga a better place. He stated they are partners with
the City. He stated they are always willing to help the City when they can.
CVVVD Boardmember Wilson thanked the Council for sitting down with them. He felt it might be helpful to
have a disaster exercise in case something does happen. He stated he does like the idea of a
subcommittee of the City Council and the CVVVD Board to meet.
Mayor Alexander felt this would happen through direction from Jack Lam and Robed De Loach.
D. ADJOURNMENT
Jack Lam, City Manager, stated a tour is being offered of this facility for anyone that is interested.
The meeting adjourned at 8:45 p.m.
Respectfully submitted,
Debra J. Adams, CMC
City ClerkJRecords Manager
Approved: *
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227137 9/1/2005 A AND A AUTOMOTIVE 50.00
AP - 00227137 9/1/2005 A AND A AUTOMOTIVE 291.24
AP - 00227138 9/1/2005 A G ELECTRIC CAR SPECIALISTS 782.30
AP - 00227139 9/1/2005 AA EQUIPMENT 61.51
AP - 00227139 9/1/2005 AA EQUIPMENT 66.54
AP - 00227140 9/1/2005 AAVCO 8,222.00
AP - 00227141 9/1/2005 ABC LOCKSMITHS 47.31
AP - 00227141 9/1/2005 ABC LOCKSMITHS 32.33
AP - 00227141 9/1/2005 ABC LOCKSMITHS 241.04
AP - 00227141 9/1/2005 ABC LOCKSMITHS 608.78
AP - 00227141 9/1/2005 ABC LOCKSMITHS 51.72
AP - 00227141 9/1/2005 ABC LOCKSMITHS 17.92
AP - 00227141 9/1/2005 ABC LOCKSMITHS 247.55
AP - 00227141 9/1/2005 ABC LOCKSMITHS 82.67
AP - 00227142 9/1/2005 ABLAC 16.39
AP - 00227143 9/1/2005 ACCELA 54,503.55
AP - 00227144 9/1/2005 ACUT1NT AND GRAPHICS 99.00
AP - 00227145 9/1/2005 AEF SYSTEMS CONSULTING INC 875.00
AP 00227146 9/1/2005 AFLAC 14.86
AP 00227149 9/1/2005 ALCOA WIRELESS 55.00
AP 00227150 9/1/2005 ALL CITIES TOOLS 274.44
AP 00227150 9/1/2005 ALL CITIES TOOLS 150.74
AP 00227151 9/1/2005 ALLIANCE BUS LINES INC 272.68
AP 00227153 9/1/2005 AMERICAN ASSOC. FOR THE ADVANCEMENT ( 135.00
AP 00227154 9/1/2005 AMERICAN TRAINING RESOURCES INC 482.21
AP 00227156 9/1/2005 AMS PAVING INC 1,993.45
AP 00227157 9/1/2005 AMTECH ELEVATOR SERVICES 191.99
AP 00227158 9/1/2005 ANELI, GEMMA 50.00
AP 00227159 9/1/2005 ARCH WIRELESS 594.46
AP 00227160 9/1/2005 ARCHITERRA DESIGN GROUP 3,600.00
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 37.59
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 543.89
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 50.69
AP ~ 00227162 9/I/2005 ARROWHEAD CREDIT UNION 46.66
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 45.85
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 129.16
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 23.90
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 270.80
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 150.00
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 53.33
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 123.14
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 126.70
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 607.91
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 665.40
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 920.00
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UN~ON 47.00
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 106.39
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 148.20
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 144.20
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 80.00
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 480.00
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 387.42
AP - 00227162 9/I/2005 ARROWHEAD CREDIT UNION 212.64
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 180.91
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2
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 275.93
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 562.34
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 1,374.73
AP - 00227162 9/1/2005 ARROWHEAD CREDIT UNION 55.52
AP - 00227163 9/1/2005 ASSI SECURITY 142.50
AP - 00227164 9/1/2005 ATTRUIA, MIA 450.00
AP - 00227164 9/1/2005 ATTRUIA, MIA 500.00
AP - 00227165 9/1/2005 AUDIO EDITIONS 8.58
AP - 00227166 9/1/2005 AUFBAU CORPORATION 8,880.00
AP - 00227166 9/1/2005 AUFBAU CORPORATION 1,095.00
AP - 00227166 9/1/2005 AUFBAU CORPORATION 2,094.00
AP - 00227166 9/1/2005 AUTBAU CORPORATION 827.50
AP - 00227166 9/1/2005 AUFBAU CORPORATION 547.50
AP - 00227166 9/1/2005 AUFBAU CORPORATION 11,026.00
AP - 00227166 9/1/2005 AUFBAU CORPORATION 1,505.00
AP - 00227166 9/1/2005 AUFBAU CORPORATION 1,912.50
AP - 00227166 9/1/2005 AUFBAU CORPORATION 762.00
AP - 00227166 9/1/2005 AUFBAU CORPORATION 2,352.50
AP - 00227167 9/1/2005 AUTO BODY 2000 584.17
AP - 00227168 9/1/2005 B AND K ELECTRIC WHOLESALE 149.50
AP - 00227168 9/1/2005 B AND K ELECTRIC WHOLESALE 505.08
AP - 00227168 9/1/2005 B AND K ELECTRIC WHOLESALE 430.73
AP - 00227168 9/1/2005 B AND K ELECTRIC WHOLESALE 245.31
AP - 00227168 9/1/2005 B AND K ELECTRIC WHOLESALE 505.08
AP - 00227168 9/1/2005 B AND K ELECTRIC WHOLESALE 156.32
AP - 00227169 9/1/2005 BARi,OW, MARIA 20.00
AP 00227170 9/1/2005 BARNES AND NOBLE 219.15
AP 00227171 9/1/2005 BEARD PROVENCHER AND ASSOC 5,720.00
AP 00227171 9/1/2005 BEARD PROVENCHER AND ASSOC 8,558.00
AP 00227171 9/1/2005 BEARD PROVENCHER AND ASSOC 2,602.00
AP 00227171 9/1/2005 BEARD PROVENCHER AND ASSOC 2,985.00
AP 00227172 9/1/2005 BEN BOLLINGER PRODUCTIONS LTD. 350.00
AP 00227173 9/I/2005 BENSON, CHARMAINE 40.00
AP - 00227175 9/1/2005 BISHOP COMPANY 415.41
AP - 00227175 9/1/2005 BISHOP COMPANY 298.21
AP - 00227178 9/1/2005 BRODART BOOKS 668.83
AP - 00227178 9/1/2005 BRODART BOOKS 1,146.41
AP - 00227178 9/1/2005 BRODART BOOKS 785.54
AP - 00227180 9/1/2005 BURTRONICS BUSINESS SYSTEMS 1,107.84
AP - 00227181 ' 9/1/2005 BUTSKO UTILITY DESIGN INC 99.23
AP - 00227181 9/1/2005 BUTSKO UTILITY DESIGN INC 3,080.00
AP - 00227181 9/1/2005 BUTSKO UTILITY DESIGN INC 20.42
AP - 00227182 9/1/2005 BUTSKO UTILITY DESIGN INC. 1,776.00
AP - 00227182 9/1/2005 BUTSKO UTILITY DESIGN INC. 1,362.00
AP - 00227183 9/1/2005 CAL OSHA REPORTER 427.00
AP - 00227184 9/1/2005 CALIFORNIA ELECTRONIC ENTRY 150.00
AP - 00227185 9/1/2005 CALIFORNIA PUBLIC EMPLOYEES 77,458.39
AP - 00227186 9/1/2005 CALIFORNIA, STATE OF 88.75
AP - 00227186 9/1/2005 CALIFORNIA, STATE OF 31.25
AP - 00227187 9/1/2005 CAMERON WELDING SUPPLY 36.42
AP - 00227189 9/1/2005 CASTRO, MARIA 138.00
AP - 00227190 9/1/2005 CERTIFIED CARE TRANSMISSION 62.13
AP - 00227190 9/1/2005 CERTIFIED CARE TRANSMISSION 173.52
AP - 00227190 9/1/2005 CERTIFIED CARE TRANSMISSION 85.82
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227192 9/1/2005 CHAFFEY COLLEGE FOUNDATION 1,258.73
AP - 00227193 9/1/2005 CHARTER COMMUNICATIONS 84.73
AP - 00227194 9/1/2005 CHEMSEARCH 286.46
AP - 00227195 9/1/2005 CHO, IRENE 22.00
AP - 00227196 9/1/2005 CITY RENTALS 108.90
AP - 00227197 9/1/2005 CLABBY, SANDRA 1,000.00
AP - 00227198 9/1/2005 CLARKE PLUMBING SPECIALTIES INC. 71.44
AP - 00227198 9/1/2005 CLARKE PLUMBING SPECIALTIES INC. 71.44
AP - 00227199 9/1/2005 CLOUD, DON 1,350.00
AP - 00227200 9/1/2005 COASTAL BUILDING SERVICES INC 25,886.85
AP - 00227201 9/1/2005 COLTON TRUCK SUPPLY 7.52
AP - 00227201 9/1/2005 COLTON TRUCK SUPPLY 10.09
AP - 00227201 9/1/2005 COLTON TRUCK SUPPLY 12.34
AP - 00227202 9/1/2005 COPP CRUSHING CORP, DAN 10.00
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 199.28
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 193.88
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 554.48
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 350.48
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 112.28
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 102.68
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 204.08
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 116.48
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 233.48
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 230.48
AP ~ 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 54.08
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 1,166.48
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 1,322.48
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 1,216.88
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 1,197.68
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 432.08
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 224.48
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 174.98
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 34.88
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 72.08
AP 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 194.48
AP 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 301.28
AP 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 44.48
AP 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 137.48
AP 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 50.48
AP 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 264.68
AP 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 73.28
AP 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 143.08
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 181.28
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 27.38
AP - 00227204 9/1/2005 CUCAMONGA VALLEY WATER DISTRICT 91.88
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 934.20
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 495.65
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 312.48
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 716.00
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 716.00
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 767.39
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 626.57
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 972.99
AP - 00227206 9/1/2005 D AND K CONCRETE COMPANY 874.93
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227207 9/1/2005 DAPPER TIRE CO 967.31
AP - 00227207 9/1/2005 DAPPER TIRE CO 967.31
AP - 00227207 9/1/2005 DAPPER TIRE CO 967.31
AP - 00227207 9/1/2005 DAPPER TIRE CO 78.86
AP - 00227208 9/1/2005 DAY TIMERS INC 35.54
AP - 00227209 9/1/2005 DEALERS AUTO TRIM 110.00
AP - 00227209 9/1/2005 DEALERS AUTO TRIM 110.00
AP - 00227210 9/1/2005 DELLHIME, SIGMUND 271.53
AP - 00227211 9/1/2005 DENTAL HEALTH SERVICES 130.50
AP - 00227212 9/1/2005 DEYAN, ALEXANDRA 167.00
AP - 00227213 9/I/2005 DGO AUTO DETAILING 200.00
AP - 00227214 9/1/2005 DIETERICH INTERNATIONAL TRUCK 28.62
AP - 00227215 9/1/2005 DMJM HARRIS 29,971.17
AP - 00227216 9/1/2005 DOORKEYPER INC. 609.03
AP - 00227217 9/1/2005 DOUBLET-DE LION, PATRICIA 1,350.00
AP - 00227218 9/1/2005 DYNIX INC 20,604.12
AP - 00227219 9/1/2005 EDMISTON, WALT 6.25
AP - 00227220 9/1/2005 ELLISON SCHNEIDER & HARRIS L.L.P. 973.00
AP - 00227221 9/1/2005 EMPIRE MOBILE HOME SERVICE 4,844.23
AP - 00227222 9/1/2005 EMPIRE MOTOR SPORTS 341.63
AP - 00227223 9/1/2005 EWING IRRIGATION PRODUCTS 90.49
AP - 00227223 9/1/2005 EWING IRRIGATION PRODUCTS 481.06
AP - 00227223 9/1/2005 EWING IRRIGATION PRODUCTS 1,001.06
AP - 00227223 9/1/2005 EWING IRRIGATION PRODUCTS 586.76
AP - 00227223 9/1/2005 EWING IRRIGATION PRODUCTS 124.95
AP - 00227224 9/1/2005 EXPRESS BRAKE SUPPLY 6.02
AP - 00227224 9/1/2005 EXPRESS BRAKE SUPPLY 26.46
AP - 00227224 9/1/2005 EXPRESS BRAKE SUPPLY 157.42
AP - 00227224 9/1/2005 EXPRESS BRAKE SUPPLY 136.91
AP 00227224 9/1/2005 EXPRESS BRAKE SUPPLY 52.52
AP 00227224 9/1/2005 EXPRESS BRAKE SUPPLY 89.81
AP 00227225 9/1/2005 F S MOTOR SPORTS INC 350.00
AP 00227226 9/1/2005 FAIRFIELD CHAMBRAY 55.00
AP 00227227 9/I/2005 FASTENAL COMPANY 108.23
AP 00227227 9/1/2005 FASTENAL COMPANY 27.56
AP - 00227229 9/1/2005 FERM1N, VICTOR 36.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 720.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 720.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 390.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 468.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 960.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 840.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 630.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 868.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 868.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 840.00
AP - 00227230 9/1/2005 FINESSE PERSONi~EL ASSOCIATES 780.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 651.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 720.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 720.00
AP - 00227230 9/1/2005 FINESSE PERSONNEL ASSOCIATES 702.00
AP - 00227231 9/1/2005 FISHER SCIENTIFIC 113.09
AP - 00227232 9/1/2005 FISHER, THERESE 36.00
AP - 00227233 9/1/2005 FORD PRi2qT1NG AND MAILING 1NC 1,301.54
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227235 9/1/2005 FUKUSHIMA, JUDITH 2,040.00
AP - 00227236 9/I/2005 GALLS INC 996.31
AP - 00227237 9/1/2005 GOLDEN STATE FENCE COMPANY 982.80
AP - 00227237 9/1/2005 GOLDEN STATE FENCE COMPANY 3,418.12
AP - 00227237 9/1/2005 GOLDEN STATE FENCE COMPANY 3,011.26
AP - 00227237 9/1/2005 GOLDEN STATE FENCE COMPANY 2,281.52
AP - 00227237 9/1/2005 GOLDEN STATE FENCE COMPANY 2,080.66
AP - 00227238 9/1/2005 GOLDEN WEST DISTRIBUTING 54.60
AP - 00227239 9/I/2005 GOLF VENTURES WEST 168.65
AP - 00227239 9/1/2005 GOLF VENTURES WEST 12.28
AP - 00227240 9/1/2005 GRAINGER 61.78
AP - 00227241 9/1/2005 GREEN ROCK POWER EQUIPMENT 128.76
AP - 00227242 9/1/2005 GUTIERREZ, SANDRA 72.00
AP - 00227243 9/1/2005 HAAKER EQUIPMENT CO 2,599.24
AP - 00227243 9/1/2005 HAAKER EQUIPMENT CO 976.66
AP - 00227244 9/1/2005 I-lAN, CAROL 183.00
AP - 00227244 9/1/2005 HAIg, CAROL 100.00
AP - 00227245 9/1/2005 HART'S AUTO SUPPLY 153.88
AP - 00227246 9/1/2005 HEKNANDEZ, ADRIANA 80.00
AP - 00227247 9/1/2005 HOLIDAY PRINTING 21,523.24
AP 00227248 9/1/2005 HOME DEPOT CREDIT SERVICES 73.95
AP 00227248 9/1/2005 HOME DEPOT CREDIT SERVICES 11.79
AP 00227248 9/1/2005 HOME DEPOT CREDIT SERVICES 14.10
AP 00227248 9/1/2005 HOME DEPOT CREDIT SERVICES 69.63
AP 00227248 9/1/2005 HOME DEPOT CREDIT SERVICES 16.13
AP 00227249 9/1/2005 HOUSE OF RUTH 633.00
AP - 00227251 9/1/2005 HUANG, PRUDENCE 900.00
AP - 00227252 9/1/2005 HYDROSCAPE PRODUCTS I-NC 44.65
AP - 00227252 9/1/2005 HYDROSCAPE PRODUCTS INC 182.80
AP - 00227252 9/1/2005 HYDROSCAPE PRODUCTS INC 43.07
AP - 00227252 9/1/2005 HYDROSCAPE PRODUCTS INC 19.78
AP - 00227252 9/1/2005 HYDROSCAPE PRODUCTS INC 118.40
AP - 00227252 9/1/2005 HYDROSCAPE PRODUCTS INC 73.27
AP - 00227252 9/1/2005 HYDROSCAPE PRODUCTS INC 4.69
AP - 00227253 9/1/2005 ILLUMINATING ENGINEERING SOCIETY 170.00
AP - 00227254 9/1/2005 INDUSTRIAL SUPPLY COMPANY 42.10
AP - 00227254 9/1/2005 INDUSTRIAL SUPPLY COMPANY 37.85
AP - 00227255 9/1/2005 INGERSOLL RAND 1,652.75
AP - 00227255 9/1/2005 INGERSOLL RAND 0.02
AP - 00227256 9/1/2005 INLAND FAIR HOUSING AND MEDIATION 939.37
AP - 00227256 9/1/2005 INLAND FAIR HOUSING AND MEDIATION 935.91
AP - 00227257 9/1/2005 INLAND VALLEY APPRAISERS 130.00
AP - 00227258 9/1/2005 INLAND VALLEY DAILY BULLETIN 172.80
AP - 00227259 9/1/2005 INTERSTATE BATTERIES 363.07
AP - 00227259 9/1/2005 INTERSTATE BATTERIES 63.54
AP - 00227259 9/1/2005 INTERSTATE BATTERIES 8.57
AP - 00227260 9/1/2005 ISZARD, JOHN 104.00
AP - 00227261 9/1/2005 J J KELLER AND ASSOC INC 745.00
AP - 00227262 9/1/2005 JANECEK, LINDA 22.50
AP - 00227263 9/1/2005 JONES AND MAYER LAW OFFICES OF 505.27
AP - 00227264 9/1/2005 JONES, BOB 2,400.00
AP - 00227265 9/1/2005 JUDSON, BERNADINE 253.00
AP - 00227266 9/I/2005 KIMLEY HORN AND ASSOCIATES 6,350.00
AP - 00227268 9/1/2005 KOLA 99.9 5,520.00
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP 00227269 9/1/2005 KORANDA CONSTRUCTION 4,600.00
AP 00227270 9/1/2005 KOTZIN AND ASSOCIATES, R 3,826.50
AP 00227271 9/1/2005 LAIDLAW TRANSIT [NC 973.43
AP 00227274 9/1/2005 LE GARE, GISELE 80.00
AP 00227275 9/1/2005 LIEBERT CASSIDY WHITMORE 8,458.57
AP 00227276 9/1/2005 LITTLE BEAR PRODUCTIONS 3,700.00
AP 00227277 9/1/2005 LOPEZ, ROBERT 72.00
AP 00227280 9/1/2005 M & A INDUSTRIAL CONCRETE 1,411.20
AP 00227282 9/1/2005 MANCELL, ROBYN 225.00
AP 00227283 9/1/2005 MANSOURI MSCE PE, IRAJ 2,400.00
AP 00227285 9/1/2005 MARK CHRIS [NC 11.84
AP 00227286 9/1/2005 MARSHALL PLUMBING 355.00
AP 00227286 9/1/2005 MARSHALL PLUMBING -31.25
AP 00227286 9/1/2005 MARSHALL PLUMB[NG 125.00
AP 00227286 9/1/2005 MARSHALL PLUMBING -88.75
AP 00227287 9/1/2005 MARTINEZ, ELDA 44.00
AP 00227288 9/1/2005 MATAELE, SIPOLA 230.00
AP 00227289 9/1/2005 MCLELLAN, DIANE 40.00
AP - 00227290 9/1/2005 MCMASTER CARR SUPPLY COMPANY 449.42
AP - 00227290 9/1/2005 MCMASTER CARP,. SUPPLY COMPANY 6.90
AP - 00227291 9/1/2005 MCNICHOLS, CINDY 40.00
AP - 00227292 9/1/2005 MIDWEST TAPE 179.91
AP - 00227292 9/1/2005 MIDWEST TAPE 196.92
AP - 00227293 9/1/2005 MILLS, RACHEL 68.00
AP - 00227294 9/1/2005 MOORE, LATRESA 500.00
AP - 00227295 9/1/2005 MORELAND AND ASSOCIATES 135.00
AP - 00227296 9/1/2005 MOTOROLA COMMUN AND ELEC [NC 53,180.28
AP - 00227297 9/1/2005 MOUNTAIN VIEW GLASS AND MIRROR 252.14
AP - 00227297 9/1/2005 MOUNTAIN VIEW GLASS AND MIRROR 37.63
AP - 00227298 9/1/2005 MOUNTAIN VIEW SMALL ENG REPAIR 473.02
AP - 00227298 9/1/2005 MOUNTAIN VIEW SMALL ENG REPAIR 45.77
AP - 00227299 9/1/2005 MT SAN ANTONIO COLLEGE FARM 460.06
AP - 00227300 9/1/2005 MUNAR, ANDRE 5.00
AP - 00227301 9/1/2005 MURAD, TKACY 40.00
AP - 00227302 9/1/2005 MURRAY & ASSOCIATES, BOB 8,133.20
AP - 00227303 9/1/2005 MURRAY, TAMEKA 37.00
AP - 00227305 9/1/2005 NAPA AUTO PARTS 275.83
AP - 00227305 9/1/2005 NAPA AUTO PARTS 127.16
AP - 00227305 9/1/2005 NAPA AUTO PARTS 7.06
AP - 00227305 9/1/2005 NAPA AUTO PARTS -108.72
AP - 00227305 9/1/2005 NAPA AUTO PARTS 58.29
AP - 00227305 9/1/2005 NAPA AUTO PARTS 400.00
AP - 00227305 9/1/2005 NAPA AUTO PARTS -23.49
AP - 00227305 9/1/2005 NAPA AUTO PARTS -3.65
AP - 00227305 9/1/2005 NAPA AUTO PARTS 8.26
AP - 00227305 9/1/2005 NAPA AUTO PARTS 9.46
AP - 00227305 9/1/2005 NAPA AUTO PARTS 245.82
AP - 00227305 9/1/2005 NAPA AUTO PARTS 23.58
AP - 00227305 9/1/2005 NAPA AUTO PARTS 5.48
AP - 00227305 9/1/2005 NAPA AUTO PARTS 8.79
AP - 00227307 9/1/2005 NATIONAL DEFERRED 17,542.95
AP - 00227308 9/1/2005 NEWPORT PRINTING SYSTEMS 46.28
AP - 00227309 9/1/2005 NIKPOUR, MOHAMMED 72.00
AP - 00227310 9/1/2005 OBERHOLTZ, CORENE 40.00
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1
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227311 9/1/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 182.55
AP - 00227311 9/1/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFG 123.92
AP - 00227311 9/1/2005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 154.78
AP - 00227312 9/1/2005 OCLC INC 42.92
AP - 00227313 9/1/2005 OEN, LUCIA 36.00
AP - 00227314 9/1/2005 OFFICE DEPOT 18.17
AP - 00227314 9/1/2005 OFFICE DEPOT 36.10
AP - 00227314 9/1/2005 OFFICE DEPOT 308.21
AP - 00227314 9/1/2005 OFFICE DEPOT 95.44
AP - 00227314 9/1/2005 OFFICE DEPOT 27.76
AP - 00227314 9/1/2005 OFFICE DEPOT 15.76
AP - 00227314 9/1/2005 OFFICE DEPOT 35.69
AP - 00227314 9/1/2005 OFFICE DEPOT 66.91
AP - 00227314 9/1/2005 OFFICE DEPOT 137.60
AP - 00227314 9/1/2005 OFFICE DEPOT -14.07
AP - 00227314 9/1/2005 OFFICE DEPOT 473.45
AP - 00227314 9/1/2005 OFFICE DEPOT 10.15
AP - 00227314 9/1/2005 OFFICE DEPOT 106.97
AP - 00227314 9/1/2005 OFFICE DEPOT 37.84
AP - 00227314 9/1/2005 OFFICE DEPOT 455.35
AP - 00227314 9/1/2005 OFFICE DEPOT 105.92
AP - 00227314 9/1/2005 OFFICE DEPOT 239.63
AP - 00227314 9/1/2005 OFFICE DEPOT 73.16
AP - 00227314 9/1/2005 OFFICE DEPOT 12.55
AP - 00227314 9/1/2005 OFFICE DEPOT 47.19
AP - 00227314 9/1/2005 OFFICE DEPOT 75.34
AP - 00227314 9/1/2005 OFFICE DEPOT 55.03
AP - 00227314 9/1/2005 OFFICE DEPOT 2.59
AP - 00227314 9/1/2005 OFFICE DEPOT 112.62
AP - 00227314 9/1/2005 OFFICE DEPOT 85.77
AP - 00227314 9/1/2005 OFFICE DEPOT 3.43
AP - 00227314 9/1/2005 OFFICE DEPOT 7.67
AP - 00227314 9/1/2005 OFFICE DEPOT 17.97
AP - 00227314 9/1/2005 OFFICE DEPOT 83.09
AP 00227314 9/1/2005 OFFICE DEPOT 35.49
AP 00227314 9/1/2005 OFFICE DEPOT 195.56
AP 00227315 9/1/2005 ON VINEYARD LLC 50,000.00
AP 00227317 9/1/2005 ONTARIO WINNELSON CO 105.70
AP 00227318 9/1/2005 ORKIN PEST CONTROL 970.05
AP 00227319 9/1/2005 OSONGCO, ARSENIO 40.00
AP 00227320 9/1/2005 OWEN ELECTRIC 260.34
AP 00227320 9/1/2005 OWEN ELECTRIC 78.20
AP - 00227321 9/1/2005 PACHECO, SIMONE 40.00
AP - 00227322 9/1/2005 PACIFIC STATES UTILITY COMPANY 112.00
AP - 00227325 9/1/2005 PARAGON BUILDING PRODUCTS INC 35.56
AP - 00227326 9/1/2005 PARKER, PAM 40.00
AP - 00227327 9/I/2005 PATTON SALES CORP 12.50
AP - 00227328 9/1/2005 PAUL GONZALEZ 250.00
AP - 00227329 9/1/2005 POMA DISTRIBUTING CO 2,592.31
AP - 00227329 9/1/2005 POMA DISTRIBUTING CO 17,564.94
AP - 00227329 9/I/2005 POMA DISTRIBUTING CO 1,862.54
AP - 00227330 9/1/2005 POMONA PRINT STOP 32.33
AP - 00227330 9/1/2005 POMONA PRINT STOP 177.79
AP - 00227331 9/1/2005 PORTER, BOB 176.99
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227332 9/1/2005 POWER PLUS 25.00
AP - 00227333 9/1/2005 PRE-PAID LEGAL SERVICES ]NC 6.81
AP - 00227334 9/1/2005 PRUDENTIAL OVERALL SUPPLY 7.00
AP - 00227334 9/1/2005 PRUDENTIAL OVERALL SUPPLY 7.00
AP - 00227335 9/1/2005 PULTE HOMES 27,292.58
AP - 00227336 9/1/2005 RAMIREZ, SIMYONA 44.00
AP - 00227337 9/1/2005 RANCHO CUCAMONGA FAMILY YMCA 5,000.00
AP - 00227338 9/1/2005 RANCHO TRANSMISSION SERVICE 2,591.58
AP - 00227339 9/1/2005 RAULS AUTO TRIM INC 168.88
AP - 00227340 9/1/2005 RCPFA 7,181.13
AP - 00227341 9/1/2005 RECORDED BOOKS LLC 22.47
AP - 00227342 9/1/2005 REGENTS UC 507.00
AP - 00227343 9/1/2005 RICHARDS WATSON AND GERSHON 299.60
AP - 00227343 9/1/2005 RICHARDS WATSON AND GERSHON 1,167.88
AP - 00227344 9/1/2005 ROBLES SR, RAUL P 152.50
AP - 00227344 9/1/2005 ROBLES SR, RAUL P 60.00
AP - 00227344 9/1/2005 ROBLES SR, KAUL P 65.00
AP - 00227344 9/1/2005 ROBLES SR, RAUL P 85.00
AP - 00227344 9/1/2005 ROBLES SR, RAUL P 60.00
AP - 00227344 9/1/2005 ROBLES SR, RAUL P 60.00
AP - 00227344 9/1/2005 ROBLES SR, RAUL P 85.00
AP - 00227344 9/1/2005 ROBLES SR, RAUL P 60.00
AP - 00227344 9/1/2005 ROBLES SR, RAUL P 65.00
AP - 00227344 9/1/2005 ROBLES SIL RAUL P 90.00
AP - 00227345 9/1/2005 RODRIGUEZ ]NC, R Y 452.04
AP - 00227346 9/1/2005 RODRIGUEZ, ROLAND 460.00
AP - 00227347 9/1/2005 PPG ROOFING 1,860.00
AP - 00227348 9/1/2005 RUIZ, DAWN 22.50
AP - 00227349 9/1/2005 SAN BERNARD]NO COUNTY 168.00
AP - 00227350 9/1/2005 SAN BERNARD]NO COUNTY 859.04
AP 00227352 9/1/2005 SANTOS, MANNY 142.00
AP 00227353 9/1/2005 SBC LONG DISTANCE 838.29
AP 00227354 9/1/2005 SBC 55.58
AP 00227354 9/1/2005 SBC 55.58
AP 00227355 9/1/2005 SHAH, NITA 18.00
AP 00227355 9/1/2005 SHAH, NITA 40.00
AP 00227356 9/1/2005 SIAZ, JOAN 20.00
AP 00227357 9/1/2005 SILVA, MICHAEL 22.22
AP 00227358 9/1/2005 SILVER OAK DEVELOPMENT 1 LLC 4,650.00
AP - 00227359 9/1/2005 SIMPLOT PARTNERS 69.10
AP - 00227359 9/1/2005 SIMPLOT PARTNERS 3,114.00
AP - 00227359 9/1/2005 SIMPLOT PARTNERS 390.00
AP - 00227359 9/1/2005 SIMPLOT PARTNERS 640.00
AP - 00227359 9/1/2005 SIMPLOT PARTNERS 190.00
AP - 00227360 9/1/2005 SLUKA, SUSAN 300.00
AP - 00227361 9/1/2005 SO CALIF GAS COMPANY 988.86
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 5,233.56
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 29.89
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.99
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.80
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.46
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.04
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.04
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7
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 31.89
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EI~ISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.80
AP - 00227364 9/l/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 77.37
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 11.96
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 452.35
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 44.66
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 69.95
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 46.17
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 18.66
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.04
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.80
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.93
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 18.42
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 21.90
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.46
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.33
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.30
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.33
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/I/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 40.98
AP - 00227364 9/1/2005 SOUTHERN CALIFOP-dNIA EDISON 60.30
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.21
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.29
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.29
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.13
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 68.43
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 93.10
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.05
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 69.07
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 65.14
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.04
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.64
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 38.42
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.29
AP ~ 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 76.99
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 0.64
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 16.71
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 96.58
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.48
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No: Check Date Vendor Name Amount
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 16.71
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.93
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.52
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 24.78
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 76.25
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.23
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 72.25
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 80.07
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.65
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 71.83
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 151.44
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.77
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 130.27
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 19.07
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 15.04
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.46
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 16.98
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 18.12
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.65
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 24.17
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 87.58
AP - 00227364 9/I/2005 SOUTHERN CALIFORNIA EDISON 21.83
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.65
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.80
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 17.83
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 82.19
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.46
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 16.06
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.53
AP - 00227364 9/1/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227365 9/1/2005 SOUTHLAND SPORTS OFFICIALS 166.00
AP - 00227366 9/1/2005 SPECTRA CONTRACT FLOORING SERVICES 2,772.00
AP - 00227368 9/1/2005 STEELWORKERS OLDTIMERS FOUNDATION 1,057.86
AP ~ 00227368 9/1/2005 STEELWORKERS OLDTIMERS FOUNDATION 51.15
AP - 00227368 9/1/2005 STEELWORKERS OLDTIMERS FOUNDATION 1,353.50
AP - 00227368 9/1/2005 STEELWORKERS OLDTIMERS FOUNDATION 708.37
AP - 00227369 9/1/2005 STRESS LESS ENVIRONMENTAL 550.80
AP - 00227370 9/1/2005 SUNGARD BI TECH 1NC 1,200.00
AP - 00227370 9/1/2005 SUNGARD BI TECH INC 300.00
AP - 00227371 9/1/2005 SUNSHINE GROWERS 228.43
AP - 00227372 9/1/2005 SWEEEDE, YOKO 36.00
AP ~ 00227373 9/1/2005 TAYLOR, CHRISTINE 15.00
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/
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227374 9/1/2005 THOMSON GALE 59.90
AP - 00227374 9/1/2005 THOMSON GALE 26.64
AP - 00227376 9/1/2005 TOMARK SPORTS INC 179.92
AP - 00227377 9/1/2005 TR, CANDICE 67.50
AP - 00227378 9/1/2005 TRUGREEN LANDCARE 3,450.00
AP - 00227378 9/1/2005 TRUGREEN LANDCARE 6,575.00
AP - 00227378 9/1/2005 TRUGREEN LANDCARE 180.00
AP - 00227379 9/1/2005 TURNER, ERIN 500.00
AP - 00227380 9/1/2005 UMPS ARE US ASSOCIATION 2,990.00
AP - 00227381 9/I/2005 UNIFIRST UNIFORM SERVICE 101.89
AP - 00227381 9/1/2005 UNIFIRST UNIFORM SERVICE 714.17
AP - 00227381 9/1/2005 UNIFIRST UNIFORM SERVICE 30.31
AP - 00227381 9/1/2005 UNIFIRST UNIFORM SERVICE 43.86
AP - 00227381 9/1/2005 UNIFIRST UNIFORM SERVICE 115.06
AP - 00227381 9/1/2005 UNIFIRST UNIFORM SERVICE 708.84
AP - 00227381 9/1/2005 UNIFIRST UNIFORM SERVICE 30.31
AP - 00227381 9/1/2005 UNIFIRST UNIFORM SERVICE 87.88
AP - 00227382 9/1/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 2,861.68
AP - 00227382 9/1/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 33,623.38
AP - 00227383 9/1/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 1,379.30
AP 00227384 9/1/2005 UNITED WAY 46.00
AP 00227385 9/1/2005 LIPS 46.18
AP 00227385 9/1/2005 UPS 24.34
AP 00227387 9/1/2005 VERIZON WIRELESS 209.16
AP 00227389 9/1/2005 VERIZON 83.37
AP 00227389 9/1/2005 VERIZON 31.64
AP 00227389 9/1/2005 VERIZON 28.30
AP 00227389 9/1/2005 VERIZON 20.69
AP - 00227389 9/1/2005 VERIZON 20.55
AP - 00227389 9/I/2005 VERIZON 20.55
AP - 00227389 9/1/2005 VERIZON 405.40
AP - 00227389 9/1/2005 VERIZON 34.68
AP - 00227389 9/1/2005 VERIZON 29.26
AP - 00227389 9/1/2005 VERIZON 29.26
AP - 00227389 9/1/2005 VERIZON 29.26
AP - 00227389 9/1/2005 VERIZON 29.74
AP - 00227389 9/1/2005 VERIZON 29.59
AP - 00227389 9/1/2005 VERIZON 92.04
AP - 00227389 9/1/2005 VERIZON 92.04
AP - 00227389 9/1/2005 VERIZON 8.52
AP - 00227389 9/1/2005 VEKIZON 20.55
AP - 00227389 9/1/2005 VERIZON 28.75
AP - 00227389 9/1/2005 VEILIZON 20.55
AP - 00227389 9/1/2005 VERIZON 90.56
AP - 00227389 9/1/2005 VERIZON 92.04
AP - 00227389 9/1/2005 VERIZON 20.55
AP - 00227389 9/1/2005 VERIZON 20.55
AP - 00227389 9/1/2005 VERIZON 34.22
AP - 00227389 9/1/2005 VERIZON 120.68
AP - 00227389 9/1/2005 VERIZON 90.81
AP - 00227389 9/1/2005 VERIZON 422.13
AP - 00227389 9/1/2005 VERIZON 28.30
AP - 00227389 9/1/2005 VERIZON 29.26
AP - 00227389 9/1/2005 VERIZON 155.81
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount.
AP - 00227389 9/1/2005 VERIZON 28.86
AP - 00227389 9/1/2005 VERIZON 56.74
AP - 00227389 9/1/2005 VERIZON 20.88
AP - 00227-389 9/1/2005 VERIZON 29.26
AP - 00227389 9/1/2005 VERIZON 20.55
AP - 00227389 9/1/2005 VERIZON 133.12
AP - 00227389 9/1/2005 VERIZON 206.98
AP - 00227389 9/1/2005 VERIZON 47.41
AP - 00227389 9/1/2005 VERIZON 47.41
AP - 00227389 9/1/2005 VERIZON 42.85
AP - 00227389 9/1/2005 VERIZON 574.95
AP - 00227390 9/1/2005 VERIZON 1,155.18
AP - 00227391 9/1/2005 VIDEO GUYS, THE 43.53
AP - 00227392 9/1/2005 VISTA PAINT 256.50
AP - 00227392 9/1/2005 VISTA PAINT 144.57
AP - 00227393 9/1/2005 VORTEX INDUSTRIES 542.61
AP - 00227394 9/1/2005 WAIGHT, CRAIG 47.50
AP - 00227394 9/1/2005 WAIGHT, CRAIG 47.50
AP - 00227395 9/1/2005 WALKER, MARIA 25.00
AP - 00227396 9/1/2005 WALTERS WHOLESALE ELECTRIC CO 42.27
AP 00227396 9/1/2005 WALTERS WHOLESALE ELECTRIC CO 16.26
AP 00227396 9/1/2005 WALTERS WHOLESALE ELECTRIC CO 13.50
AP 00227397 9/1/2005 WAXIE SANITARY SUPPLY 555.44
AP 00227397 9/1/2005 WAXIE SANITARY SUPPLY 850.77
AP 00227397 9/1/2005 WAXIE SANITARY SUPPLY 186.71
AP 00227398 9/1/2005 WEST END MATERIAL SUPPLY 115.10
AP 00227398 9/1/2005 WEST END MATERIAL SUPPLY 15.95
AP - 00227398 9/1/2005 WEST END MATERIAL SUPPLY 93.44
AP - 00227399 9/I/2005 WEST PAYMENT CENTER 257.95
AP - 00227400 9/1/2005 WEST VALLEY MRF LLC 244.80
AP - 00227400 9/1/2005 WEST VALLEY MRF LLC 48.72
AP - 00227400 9/1/2005 WEST VALLEY MRF LLC 39.12
AP - 00227400 9/1/2005 WEST VALLEY MRF LLC 54.00
AP - 00227400 9/I/2005 WEST VALLEY MRF LLC 60.88
AP - 00227400 9/1/2005 WEST VALLEY MRF LLC 74.88
AP - 00227400 9/1/2005 WEST VALLEY MRF LLC 103.12
AP - 00227401 9/1/2005 WILLDAN ASSOCIATES 41,097.50
AP - 00227402 9/1/2005 WINEGAR, MARIA 15.00
AP - 00227402 9/I/2005 WINEGAR, MARIA 25.00
AP - 00227403 9/1/2005 XEROX CORPORATION 150.53
AP - 00227403 9/1/2005 XEROX CORPORATION 150.53
AP - 00227403 9/1/2005 XEROX CORPORATION 929.35
AP - 00227404 9/1/2005 YEE, LARRY 28.00
AP - 00227405 9/1/2005 ZAMORA, DONNA 250.00
AP - 00227405 9/1/2005 ZAMOKA, DONNA 465.00
AP - 00227405 9/1/2005 ZAMORA, DONNA 60.00
AP - 00227406 9/1/2005 HANSON, BARRYE 2,880.00
AP - 00227407 9/6/2005 MCDANIEL, SONJA 15,267.91
AP - 00227408 9/7/2005 ABC LOCKSMITHS 76.84
AP - 00227408 9/7/2005 ABC LOCKSMITHS 145.00
AP - 00227409 9/7/2005 ABLAC 297.52
AP - 00227410 9/7/2005 ABLETRONICS 219.96
AP - 00227410 9/7/2005 ABLETRONICS 16.97
AP - 00227411 9/7/2005 ACUTINT AND GRAPHICS 99.00
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227412 9/7/2005 ADAMS, FAWNE 177.00
AP - 00227413 9/7/2005 ADAMSON, RONALD 1,254.00
AP - 00227413 9/7/2005 ADAMSON, RONALD 957.00
AP - 00227413 9/7/2005 ADAMSON, RONALD 1,056.00
AP - 00227413 9/7/2005 ADAMSON, RONALD 1,122.00
AP - 00227413 9/7/2005 ADAMSON, RONALD 1,089.00
AP - 00227413 9/7/2005 ADAMSON, RONALD 957.00
AP - 00227414 9/7/2005 ADVANCE UTILITY SYSTEMS CORP 16,240.00
AP - 00227415 9/7/2005 AFLAC 1,112.83
AP - 00227416 9/7/2005 ALCALA, SYLVIA 49.00
AP - 00227417 9/7/2005 ALCORN FENCE COMPANY 10,756.62
AP - 00227418 9/7/2005 ALL CITIES TOOLS 28.61
AP - 00227419 9/7/2005 AMERICAN BODY ARMOR & EQUIPMENT INC. 283.50
AP - 00227419 9/7/2005 AMERICAN BODY ARMOR & EQUIPMENT INC. 189.00
AP - 00227420 9/7/2005 AMERICAN CLASSIC SANITATION INC. 166.94
AP - 00227421 9/7/2005 AMERICAN PLANNING ASSOCIATION 280.00
AP - 00227421 9/7/2005 AMERICAN PLANNING ASSOCIATION 760.00
AP - 00227422 9/7/2005 AMTECH ELEVATOR SERVICES 195.97
AP - 00227422 9/7/2005 AMTECH ELEVATOR SERVICES 184.68
AP - 00227423 9/7/2005 ARRIAGA, KAREN 65.00
AP - 00227424 9/7/2005 ARROW TRUCK BODIES AND EQUIPMENT INC 113.29
AP - 00227425 9/7/2005 ASHRAFI, MOOMTAZ 9,541.60
AP - 00227426 9/7/2005 ASSOCIATED ENGINEERS 4,791.00
AP - 00227426 9/7/2005 ASSOCIATED ENGINEERS 19,203.00
AP - 00227427 9/7/2005 ASSOCIATED GROUP 1,723.20
AP - 00227427 9/7/2005 ASSOCIATED GROUP 1,986.59
AP - 00227427 9/7/2005 ASSOCIATED GROUP 1,986.59
AP - 00227427 9/7/2005 ASSOCIATED GROUP 263.39
AP - 00227428 9/7/2005 AT AND T 435.98
AP - 00227430 9/7/2005 AUFBAU CORPORATION 10,016.00
AP 00227430 9/7/2005 AUFBAU CORPORATION 3,166.00
AP 00227431 9/7/2005 AUTOMOBILE CLUB OF SOUTHERN CALIFORN 500.00
AP 00227432 9/7/2005 AWWA CAL NEV SECTION 200.00
AP 00227433 9/7/2005 B AND K ELECTRIC WHOLESALE 303.05
AP 00227433 9/7/2005 B AND K ELECTRIC WHOLESALE 246.60
AP 00227433 9/7/2005 B AND K ELECTRIC WHOLESALE 14.31
AP - 00227433 9/7/2005 B AND K ELECTRIC WHOLESALE 202.03
AP - 00227434 9/7/2005 BABER, TAYYABA 49.00
AP - 00227436 9/7/2005 BASSCO SPORTING GOODS 127.45
AP - 00227436 9/7/2005 BASSCO SPORTING GOODS I 16.72
AP - 00227436 9/7/2005 BASSCO SPORTING GOODS 1,981.19
AP - 00227437 9/7/2005 BISHOP COMPANY 71.55
AP - 00227437 9/7/2005 BISHOP COMPANY 547.74
AP - 00227438 9/7/2005 BRODART BOOKS 32.80
AP - 00227438 9/7/2005 BRODART BOOKS 143.84
AP - 00227438 9/7/2005 BRODART BOOKS 136.60
AP - 00227438 9/7/2005 BRODART BOOKS 365.32
AP - 00227438 9/7/2005 BRODART BOOKS 1,008.56
AP - 00227439 9/7/2005 BURTRONICS BUSINESS SYSTEMS 420.01
AP - 00227440 9/7/2005 CA DEPT OF CONSERVATION, STATE OF 7,104.02
AP ~ 00227441 9/7/2005 CAL PERS LONG TERM CARE 231.92
AP - 00227442 9/7/2005 CALIFORNIA, STATE OF 22.50
AP - 00227443 9/7/2005 CCPOA REGISTRATION COMMITTEE 255.00
AP - 00227444 9/7/2005 CENTER OF HIS WILL 250.00
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/,-/
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name. Amount
AP - 00227445 9/7/2005 CENTRAL CITIES SIGNS INC 34.48
AP - 00227446 9/7/2005 CERTIFIED CARE TRANSMISSION 116.15
AP - 00227448 9/7/2005 CLARKE PLUMBING SPECIALTIES INC. 33.18
AP - 00227449 9/7/2005 COOPER, CHERYL 172.80
AP - 00227450 9/7/2005 COPP CRUSHING CORP, DAN 10.00
AP - 00227451 9/7/2005 COURT TRUSTEE 200.00
AP - 00227452 9/7/2005 COURT TRUSTEE 118.50
AP - 00227453 9/7/2005 CPRS DISTRICT X111 150.00
AP - 00227454 9/7/2005 CPRS 125.00
AP - 00227455 9/7/2005 CROWE, DEBBIE 250.00
AP - 00227456 9/7/2005 CST CORPORATION 374.19
AP - 00227457 9/7/2005 D AND K CONCRETE COMPANY 537.14
AP - 00227457 9/7/2005 D AND K CONCRETE COMPANY 1,023.63
AP 00227458 9/7/2005 DANG, TONY 289.00
AP 00227458 9/7/2005 DANG, TONY 94.50
AP 00227458 9/7/2005 DANG, TONY 58.50
AP 00227458 9/7/2005 DANG, TONY 24.00
AP 00227459 9/7/2005 DAWSON SURVEYING INC. 5,150.00
AP 00227460 9/7/2005 DAY, MALISA 40.00
AP 00227461 9/7/2005 DEALERS AUTO TRIM 85.00
AP - 00227462 9/7/2005 DELTA DENTAL 31,911.51
AP - 00227463 9/7/2005 DGO AUTO DETAILING 100.00
AP - 00227463 9/7/2005 DGO AUTO DETAILING 200.00
AP - 00227464 9/7/2005 DIAZ, AMADA 95.00
AP - 00227465 9/7/2005 DIETERICH POST COMPANY 368.26
AP - 00227466 9/7/2005 DUNN EDWARDS CORPORATION 119.07
AP - 00227467 9/7/2005 ED'S R V REPAIR INC 822.79
AP - 00227468 9/7/2005 EMCOR SERVICE 2,673.35
AP - 00227469 9/7/2005 EXCLUSIVE EMAGES 48.49
AP - 00227470 9/7/2005 FASTENAL COMPANY 23.87
AP - 00227470 9/7/2005 FASTENAL COMPANY 23.07
AP - 00227470 9/7/2005 FASTENAL COMPANY 1,463.87
AP - 00227470 9/7/2005 FASTENAL COMPANY 88.48
AP - 00227470 9/7/2005 FASTENAL COMPANY 403.60
AP - 00227471 9/7/2005 FEDERAL EXPRESS CORP 17.34
AP - 00227471 9/7/2005 FEDERAL EXPRESS CORP 14.42
AP - 00227471 9/7/2005 FEDERAL EXPRESS CORP 26.18
AP - 00227471 9/7/2005 FEDERAL EXPRESS CORP 17.37
AP - 00227472 9/7/2005 FILM PERMITS UNLIMITED 218.00
AP - 00227472 9/7/2005 FILM PERMITS UNLIMITED 2,500.00
AP - 00227473 9/7/2005 FINESSE PERSONNEL ASSOCIATES 868.00
AP - 00227473 9/7/2005 FINESSE PERSONNEL ASSOCIATES 840.00
AP - 00227473 9/7/2005 FINESSE PERSONNEL ASSOCIATES 720.00
AP - 00227473 9/7/2005 FINESSE PERSONNEL ASSOCIATES 471.75
AP - 00227473 9/7/2005 FINESSE PERSONNEL ASSOCIATES 612.00
AP ~ 00227473 9/7/2005 FINESSE PERSONNEL ASSOCIATES 1,008.00
AP - 00227473 9/7/2005 FINESSE PERSONNEL ASSOCIATES 1,443.00
AP - 00227473 9/7/2005 FINESSE PERSONNEL ASSOCIATES 720.00
AP - 00227474 9/7/2005 FOOTHILL LAW'NMOWER 74.57
AP - 00227475 9/7/2005 FORD OF UPLAND INC 77.54
AP - 00227475 9/7/2005 FORD OF UPLAND INC -4.31
AP - 00227476 9/7/2005 FRIAS, SEL1NA 100.00
AP - 00227477 9/7/2005 FRONT BRIDGE TECHNOLOGIES 850.00
AP - 00227478 9/7/2005 FURMAN, ROLAND 500.00
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Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time:t ~ 08:54:3
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227479 9/7/2005 GADABOUT TOURS INC 1,581.30
AP - 00227479 9/7/2005 GADABOUT TOURS [NC 1,909.80
AP - 00227479 9/7/2005 GADABOUT TOURS [NC 1,581.30
AP - 00227480 9/7/2005 GALLS [NC 1,009.24
AP - 00227481 9/7/2005 GALVIN, CHRISTINA 100.00
AP - 00227482 9/7/2005 GARNER, CATHLEEN 46.17
AP - 00227483 9/7/2005 GEIGER BROTHERS WEST 676.20
AP - 00227485 9/7/2005 GOMEZ, GLORIA 200.00
AP - 00227486 9/7/2005 GONZALES, CARLOS 72.00
AP - 00227487 9/7/2005 GREEN, MELVIN 20.75
AP - 00227488 9/7/2005 GUARDIAN 2,679.50
AP - 00227489 9/7/2005 HAAKER EQUIPMENT CO 189.27
AP - 00227490 9/7/2005 HAI~IMI, SUSAN 564.98
AP - 00227491 9/7/2005 HDL COREN AND CONE 5,000.00
AP - 00227492 9/7/2005 HERNANDEZ, YOLANDA 20.00
AP - 00227494 9/7/2005 HOMELESS OUTREACH PRGMS AND EDUCATI( 535.00
AP - 00227495 9/7/2005 HURST, CHERYL 288.50
AP - 00227496 9/7/2005 HYDROSCAPE PRODUCTS [NC 569.25
AP - 00227496 9/7/2005 HYDROSCAPE PRODUCTS [NC 297.06
AP - 00227496 9/7/2005 HYDROSCAPE PRODUCTS INC 165.13
AP - 00227496 9/7/2005 HYDROSCAPE PRODUCTS [NC 1,033.75
AP - 00227497 9/7/2005 IBM CORPORATION 883.96
AP - 00227498 9/7/2005 INLAND EMPIRE MAGAZINE 795.00
AP - 00227499 9/7/2005 INLAND EMPIRE TOURS AND TRANSPORTATI£ 920.00
AP - 00227500 9/7/2005 IRON MOUNTAIN OSDP 456.00
AP - 00227501 9/7/2005 IRVINE, PAUL 250.00
AP - 00227502 9/7/2005 JACKSON HIRSH [NC 171.78
AP - 00227503 9/7/2005 JOHNSTON CONSULTING, CHRIS 1,875.00
AP - 00227504 9/7/2005 JONES AND MAYER LAW OFFICES OF 125.00
AP - 00227505 9/7/2005 KAISER FOUNDATION HEALTH PLAN [NC 69,062.96
AP - 00227505 9/7/2005 KAISER FOUNDATION HEALTH PLAN [NC 698.43
AP - 00227506 9/7/2005 KAMRANI, JOSEPH 35.71
AP - 00227507 9/7/2005 KEYSTONE EDUCATION 100.00
AP - 00227508 9/7/2005 KING, BRENDA 132.00
AP - 00227510 9/7/2005 KRAZAN AND ASSOCIATES [NC 2,970.00
AP - 00227511 9/7/2005 LITTLE BEAR PRODUCTIONS 200.00
AP - 00227511 9/7/2005 LITTLE BEAR PRODUCTIONS 135.00
AP - 00227513 9/7/2005 LOPEZ, JUNE 37.50
AP - 00227514 9/7/2005 LOPEZ, ROBERT 72.00
AP - 00227515 9/7/2005 MARK CHRIS INC 33.73
AP - 00227516 9/7/2005 MARTIN AND CHAPMAN CO 19.01
AP - 00227517 9/7/2005 MAY, MICAH 155.00
AP - 00227517 9/7/2005 MAY, MICAH 100.00
AP - 00227518 9/7/2005 MCCLURE, TINA 250.00
AP - 00227519 9/7/2005 MCLEAN, SCOTT 925.00
AP - 00227520 9/7/2005 MCLNTYRE, MILES 77.00
AP - 00227521 9/7/2005 MENKEL, PENNY 15.00
AP - 00227522 9/7/2005 MIJAC ALARM COMPANY 65.00
AP - 00227523 9/7/2005 MR TS 24HR TOWING 85.00
AP - 00227524 9/7/2005 MURADIAN, LESLIE 400.00
AP - 00227525 9/7/2005 N M A DUES C/O DAVID MCDONALD 5.54
AP - 00227526 9/7/2005 NATIONAL ARBOR DAY FOUNDATION 15.00
AP - 00227527 9/7/2005 NATIONAL DEFERRED 36,751.22
AP - 00227528 9/7/2005 NATIONAL FLOOD INSURANCE PROGRAM ' 400.00
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Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time// 08:54:3
l
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount.
AP 00227529 9/7/2005 NAVA, ART 100.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 210.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 310.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 16,194.19
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 310.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS 1NC 325.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 360.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 347.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS 1NC 185.00
AP 00227530 9/7/2005 NEC BUS1NESS NETWORK SOLUTIONS INC 400.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 460.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 225.00
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 811.58
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 1,297.68
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS 1NC 771.27
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 994.24
AP 00227530 9/7/2005 NEC BUSINESS NETWORK SOLUTIONS INC 290.00
AP 00227531 9/7/2005 NEW IMAGE COMMERCIAL FLOORING 501.56
AP - 00227532 9/7/2005 NEWPORT PRINTING SYSTEMS 42.95
AP 00227532 9/7/2005 NEWPORT PRINTING SYSTEMS 42.95
AP 00227532 9/7/2005 NEWPORT PR1NTING SYSTEMS 42.95
AP 00227532 9/7/2005 NEWPORT PRINTING SYSTEMS 42.95
AP 00227532 9/7/2005 NEWPORT PRINTING SYSTEMS 42.95
AP 00227532 9/7/2005 NEWPORT PRINTING SYSTEMS 42.95
AP 00227533 9/7/2005 NICKOLS, PATRICIA 100.00
AP 00227534 9/7/2005 NORTHTOWN HOUSING DEV CORP. 500.00
AP 00227536 9/7/2005 OFFICE DEPOT 24.07
AP 00227536 9/7/2005 OFFICE DEPOT 154.88
AP 00227536 9/7/2005 OFFICE DEPOT 11.66
AP 00227536 9/7/2005 OFFICE DEPOT 18.07
AP 00227536 9/7/2005 OFFICE DEPOT 5.90
AP 00227536 9/7/2005 OFFICE DEPOT 127.24
AP 00227536 9/7/2005 OFFICE DEPOT 25.85
AP 00227536 9/7/2005 OFFICE DEPOT 42.33
AP 00227536 9/7/2005 OFFICE DEPOT 322.94
AP 00227536 9/7/2005 OFFICE DEPOT 29.35
AP 00227536 9/7/2005 OFFICE DEPOT 58.21
AP 00227536 9/7/2005 OFFICE DEPOT 689.75
AP 00227536 9/7/2005 OFFICE DEPOT 38.79
AP - 00227536 9/7/2005 OFFICE DEPOT -10.66
AP - 00227536 9/7/2005 OFFICE DEPOT 117.59
AP - 00227536 9/7/2005 OFFICE DEPOT 90.73
AP - 00227536 9/7/2005 OFFICE DEPOT 967.97
AP - 00227536 9/7/2005 OFFICE DEPOT 967.97
AP - 00227536 9/7/2005 OFFICE DEPOT 967.97
AP - 00227536 9/7/2005 OFFICE DEPOT 135.15
AP - 00227536 9/7/2005 OFFICE DEPOT 10.66
AP - 00227536 9/7/2005 OFFICE DEPOT 106.10
AP - 00227536 9/7/2005 OFFICE DEPOT 5.08
AP - 00227536 9/7/2005 OFFICE DEPOT -9.78
AP - 00227536 9/7/2005 OFFICE DEPOT 9.78
AP - 00227536 9/7/2005 OFFICE DEPOT 936.75
AP - 00227536 9/7/2005 OFFICE DEPOT 755.80
AP - 00227536 9/7/2005 OFFICE DEPOT 767.69
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Report:CK_AGENDA KEG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time:~ tq' 08:54:3
/
CITY OF RANCHO CUCAMONGA
Agenda Cheek Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount.
AP ~ 00227536 9/7/2005 OFFICE DEPOT 138.97
AP - 00227536 9/7/2005 OFFICE DEPOT 45.73
AP - 00227536 9/7/2005 OFFICE DEPOT 27.11
AP - 00227536 9/7/2005 OFFICE DEPOT 15.55
AP - 00227536 9/7/2005 OFFICE DEPOT 68.82
AP - 00227536 9/7/2005 OFFICE DEPOT 60.67
AP - 00227536 9/7/2005 OFFICE DEPOT 211.34
AP - 00227536 9/7/2005 OFFICE DEPOT 455.35
AP - 00227536 9/7/2005 OFFICE DEPOT 48.26
AP - 00227537 9/7/2005 ONTARIO WINNELSON CO 56.87
AP - 00227538 9/7/2005 ORCHARD SUPPLY HARDWARE 163.35
AP - 00227538 9/7/2005 ORCHARD SUPPLY HARDWARE 13.99
AP - 00227538 9/7/2005 ORCHARD SUPPLY HARDWARE 484.71
AP - 00227538 9/7/2005 ORCHARD SUPPLY HARDWARE 76.30
AP - 00227538 9/7/2005 ORCHARD SUPPLY HARDWARE 444.54
AP - 00227538 9/7/2005 ORCHARD SUPPLY HARDWARE 81.49
AP - 00227538 9/7/2005 ORCHARD SUPPLY HARDWARE 14.00
AP - 00227538 9/7/2005 ORCHARD SUPPLY HARDWARE 16.14
AP - 00227539 9/7/2005 OTT, LAURA 405.00
AP - 00227539 9/7/2005 OTT, LAURA 157.50
AP - 00227539 9/7/2005 OTT, LAURA 180.00
AP - 00227540 9/7/2005 P A P A 110.00
AP ~ 00227541 9/7/2005 PAL CAMPAIGN 137.23
AP - 00227542 9/7/2005 PALMER, MARIE 193.93
AP - 00227544 9/7/2005 PEP BOYS 119.95
AP - 00227544 9/7/2005 PEP BOYS 49.38
AP - 00227544 9/7/2005 PEP BOYS -12.93
AP - 00227544 9/7/2005 PEP BOYS 59.11
AP - 00227545 9/7/2005 PERERA, MICHELLE 87.00
AP - 00227546 9/7/2005 PEREZ, CARLOS 712.50
AP - 00227547 9/7/2005 PERFORMANCE AUTO BODY 471.09
AP - 00227548 9/7/2005 POMA DISTRIBUTING CO 7,754.79
AP - 00227548 9/7/2005 POMA DISTRIBUTING CO 5,850.11
AP - 00227548 9/7/2005 POMA DISTRIBUTING CO 3,950.60
AP - 00227548 9/7/2005 POMA DISTRIBUTING CO 2,980.28
AP ~ 00227550 9/7/2005 POSTEL, MICHELLE 204.06
AP - 00227551 9/7/2005 POWER PLUS 25.00
AP - 00227552 9/7/2005 PRE-PAID LEGAL SERVICES INC I 15.77
AP - 00227553 9/7/2005 PRUDENTIAL OVERALL SUPPLY 7.00
AP 00227554 9/7/2005 QUINTANA, ZITA 193.00
AP 00227555 9/7/2005 RH F INC 89.00
AP 00227555 9/7/2005 RH F INC 89.00
AP 00227556 9/7/2005 RAMIREZ, MAGGIE 730.00
AP 00227556 9/7/2005 RAMIREZ, MAGGIE 120.00
AP 00227558 9/7/2005 RANCHO CUCAMONGA FAMILY YMCA 1,500.00
AP 00227559 9/7/2005 RANCHO CUCAMONGA PUBLIC LIBRARY FOU~ 5.00
AP 00227560 9/7/2005 RBM LOCK AND KEY SERVICE 32.33
AP 00227561 9/7/2005 RDO EQUIPMENT CO 555.01
AP 00227562 9/7/2005 RED RIDER INFORMATICS 563.00
AP 00227563 9/7/2005 REINHARDTSEN, DEBRA 282.50
AP - 00227564 9/7/2005 RENTERIA, HOLLY 250.00
AP - 00227565 9/7/2005 RICH, BARBARA 200.00
AP ~ 00227567 9/7/2005 RIVERSIDE BLUEPRINT 232.63
AP - 00227568 9/7/2005 RIVERSIDE CO DEPT CHILD SUPPORT 250.00
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1
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount.
AP 00227569 9/7/2005 RIVERSIDE, COUNTY OF 70.00
AP 00227569 9/7/2005 RIVERSIDE, COUNTY OF 70.00
AP 00227570 9/7/2005 ROAD WORKS INC 150.00
AP 00227570 9/7/2005 ROAD WORKS INC 100.00
AP 00227571 9/7/2005 SAFARILAND LTD INC 94.50
AP 00227572 9/7/2005 SAFELITE AUTOGLASS 171.04
AP 00227573 9/7/2005 SAN BERNARDINO COUNTY 11.60
AP 00227574 9/7/2005 SAN BERNARDINO COUNTY 187.50
AP - 00227576 9/7/2005 SAN BERNARDINO CTY CHILD SUPPORT PAYM 322.50
AP - 00227577 9/7/2005 SAN BERNARDINO CTY CHILD SUPPORT PAYiV~ 213.50
AP - 00227578 9/7/2005 SAN BERaNARDINO CTY CHILD SUPPORT PAYI~ 408.00
AP - 00227579 9/7/2005 SAN BERNARDINO CTY SHERIFFS DEPT 536.80
AP - 00227580 9/7/2005 SAN BERNARDINO CTY SHERIFFS DEPT 234.00
AP - 00227581 9/7/2005 SANCHEZ, GAIL 270.00
AP - 00227582 9/7/2005 SCHWOERER, WENDY 20.00
AP - 00227583 9/7/2005 SCOTT, DIANA 500.00
AP - 00227584 9/7/2005 SHERIFFS COURT SERVICES 281.59
AP - 00227585 9/7/2005 SIERRA SPRINGS 145.80
AP - 00227587 9/7/2005 SMART AND FINAL 57.34
AP - 00227588 9/7/2005 SMITH, PAULA 20.00
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 106.22
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.29
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 49.96
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 29.64
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 52.46
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 17.62
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 22.32
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 22.33
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 138.88
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.00
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.16
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.10
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.74
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 118.74
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 16.26
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 91.71
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.11
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 523.72
AP 00227591 9/7/2005 SOUTHERIq CALIFORNIA EDISON 39.80
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 51.16
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON . 61.95
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 2,875.59
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 130.42
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 46.51
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 74.10
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 106.89
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 37.77
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.77
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.80
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.57
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7
CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.16
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.16
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.64
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.16
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.16
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 43.12
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 46.64
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 105.12
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 22.03
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 70.86
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 17.02
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.53
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 15.04
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 39.57
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 15.89
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 27.49
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 15.12
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 21.04
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 15.04
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 220.41
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 212.77
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.80
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 26.07
AP - 00227591 9/7/2005 SOIfITIERN CALIFORNIA EDISON 13.99
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 13.63
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 89.20
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 89.94
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 111.58
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 446.94
AP - 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 19.99
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.65
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 15.71
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 67.04
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.57
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 41.08
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.29
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 15.59
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 14.11
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 46.51
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 15.23
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 102.43
AP 00227591 9/7/2005 SOUTHERN CALIFORNIA EDISON 87.69
AP 00227592 9/7/2005 SOUTHERN CALIFORNIA EDISON 110.00
AP 00227593 9/7/2005 SOUTHERN CALIFORNIA EDISON 1,414.17
AP 00227594 9/7/2005 SOUTHLAND SPORTS OFFICIALS 373.50
AP 00227595 9/7/2005 STANDARD INSURANCE COMPANY 336.52
AP 00227596 9/7/2005 STEELWORKERS OLDTIMERS FOUNDATION 708.33
AP 00227597 9/7/2005 STERLING COFFEE SERVICE 63.50
AP 00227597 9/7/2005 STERLING COFFEE SERVICE 303.86
AP 00227598 9/7/2005 STOFA, JOSEPH 15.00
AP - 00227599 9/7/2005 STREET TREE SEMINAR 38.00
AP - 00227600 9/7/2005 SION LIP POOLS 189.20
AP - 00227601 9/7/2005 SUNRISE FORD 95.49
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227603 9/7/2005 T MOBILE 92.02
AP - 00227604 9/7/2005 TAKEHARA, LORRAINE 198.79
AP - 00227605 9/7/2005 TEMECULA MECHANICAL 1NC 6,095.94
AP - 00227605 9/7/2005 TEMECULA MECHANICAL INC -488.74
AP - 00227605 9/7/2005 TEMECULA MECHANICAL INC -609.59
AP - 00227605 9/7/2005 TEMECULA MECHANICAL 1NC 4,887.41
AP - 00227606 9/7/2005 THOMPSON, SARAH 250.00
AP - 00227607 9/7/2005 TIME WARNER TELECOM 609.90
AP - 00227608 9/7/2005 TORRES, GALILEO 500.00
AP - 00227609 9/7/2005 TRAFFIC OPERATIONS INC 3,240.51
AP - 00227610 9/7/2005 TRAFFIC SPECIALTIES INC 153.54
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 22,823.85
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 24,243.48
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 3,028.66
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 1,261.83
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 780.14
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 15,515.47
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 16,705.15
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 52.83
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 19,872.14
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 459.19
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 70,075.76
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 2,480.00
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 2,180.00
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 12,963.95
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 16,074.62
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 684.27
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 1,881.15
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 150.06
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 3,229.49
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 2,561.90
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 2,181.84
AP - 00227611 9/7/2005 TRUGREEN LANDCARE 1,159.30
AP - 00227612 9/7/2005 ULTIMATE TAE KWON DO 250.00
AP - 00227613 9/7/2005 UNIFIRST UNIFORM SERVICE 711.22
AP - 00227613 9/7/2005 UNIFIRST UNIFORM SERVICE 47.93
AP - 00227613 9/7/2005 UNIFIRST UNIFORM SERVICE 104.69
AP - 00227613 9/7/2005 UNIF1RST UNIFORM SERVICE 34.17
AP - 00227614 9/7/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 1,379.30
AP - 00227615 9/7/2005 UNITED CALIFORNIA FACTORS 139.63
AP - 00227616 9/7/2005 UNITED WAY 481.82
AP - 00227617 9/7/2005 UPS 83.83
AP - 00227617 9/7/2005 UPS 48.05
AP - 00227618 9/7/2005 US WEEKLY 51.48
AP - 00227620 9/7/2005 VAN GORDON, GAIL 182.01
AP - 00227621 9/7/2005 VANDERHAWK CONSULTING LLC 6,307.50
AP - 00227622 9/7/2005 VEND U CO 159.54
AP - 00227625 9/7/2005 VERIZON 467.85
AP - 00227625 9/7/2005 VERIZON 27.34
AP - 00227625 9/7/2005 VERIZON 316.98
AP - 00227625 9/7/2005 VERIZON 28.30
AP - 00227625 9/7/2005 VEKIZON 110.75
AP - 00227625 9/7/2005 VERIZON 84.95
AP - 00227625 9/7/2005 VERIZON 28.10
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Cheek No. Cheek Date Vendor Name Amount
AP - 00227625 9/7/2005 VERIZON 21.16
AP - 00227625 9/7/2005 VERIZON 29.26
AP - 00227625 9/7/2005 VEILIZON 29.26
AP - 00227625 9/7/2005 VERIZON 58.54
AP - 00227625 9/7/2005 VERIZON 277.13
AP - 00227625 9/7/2005 VERIZON 574.95
AP - 00227625 9/7/2005 VERIZON 29.30
AP - 00227625 9/7/2005 VERIZON 44.96
AP - 00227625 9/7/2005 VERIZON 386.04
AP - 00227625 9/7/2005 VERIZON 90.81
AP - 00227625 9/7/2005 VERIZON 29.26
AP - 00227625 9/7/2005 VERIZON 27.81
AP - 00227625 9/7/2005 VERIZON 467.75
AP - 00227625 9/7/2005 VERIZON 166.83
AP - 00227625 9/7/2005 VERIZON 29.39
AP - 00227625 9/7/2005 VERIZON 27.34
AP - 00227625 9/7/2005 VERIZON 29.26
AP - 00227626 9/7/2005 VIDEO GUYS, THE 221.55
AP - 00227627 9/7/2005 VISION SERVICE PLAN CA 7,892.64
AP - 00227628 9/7/2005 VOLM, LIZA 112.50
AP - 00227629 9/7/2005 WALTERS WHOLESALE ELECTRIC CO 127.44
AP - 00227629 9/7/2005 WALTERS WHOLESALE ELECTRIC CO 463.87
AP - 00227629 9/7/2005 WALTERS WHOLESALE ELECTRIC CO 665.36
AP - 00227629 9/7/2005 WALTERS WHOLESALE ELECTRIC CO 81.26
AP - 00227629 9/7/2005 WALTERS WHOLESALE ELECTRIC CO 67.23
AP - 00227629 9/7/2005 WALTERS WHOLESALE ELECTRIC CO 426.69
AP - 00227630 9/7/2005 WARD, DESIREE 452.50
AP - 00227631 9/7/2005 WAXIE SANITARY SUPPLY 410.37
AP - 00227631 9/7/2005 WAXIE SANITARY SUPPLY 339.41
AP - 00227633 9/7/2005 WILLDAN ASSOCIATES 6,474.00
AP - 00227633 9/7/2005 WILLDAN ASSOCIATES 3,276.00
AP - 00227634 9/7/2005 WILLIAMS, VANESSA 86.16
AP - 00227635 9/7/2005 WORD MILL PUBLISHING 300.00
AP - 00227636 9/7/2005 WSA US GUARDS CO INC 7,721.15
AP - 00227636 9/7/2005 WSA US GUARDS CO INC 3,018.97
AP - 00227636 9/7/2005 WSA US GUARDS CO INC 5,960.25
AP - 00227636 9/7/2005 WSA US GUARDS CO INC 1,656.38
AP 00227637 9/7/2005 YEE, LARRY 18.00
AP 00227638 9/7/2005 ZOLA, BARBARA 500.00
AP 00227639 9/7/2005 ZWEIBEL, IRENE 100.00
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 153.68
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 145.28
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 519.08
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 4,097.17
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 148.48
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 52.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 142.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 87.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 128.68
AP ~ 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 117.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 300.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 45.38
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 66.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,030.88
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 3,433.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 2,882.48
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,012.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 3,246.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 777.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 3,616.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,576.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 3,512.48
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 2,853.29
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 91.48
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 2,826.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 865.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 127.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 423.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 72.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 2,940.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,827.76
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 2,461.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 2,132.10
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 709.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,190.48
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 798.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,017.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 385.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,003.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,263.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,690.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 528.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 648.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 565.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,753.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,783.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 69.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 2,343.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 2,300.48
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 730.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 30.98
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 38.18
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 26.18
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 36.98
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 640.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 24.98
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 702.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 240.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 129.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 179.48
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 153.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 166.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 114.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 133.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 187.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 255.08
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,201.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 181.28
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CITY OF RANCHO CUCAMONGA
Agenda Check Register
8/31/2005 through 9/13/2005
Check No. Check Date Vendor Name Amount
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 259.28
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 120.08
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 216.08
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 576.68
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 14.18
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,358.48
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 384.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 38.18
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 64.88
AP ~ 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 1,084.28
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 234.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 211.88
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 933.68
AP - 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 325.28
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 621.68
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 450.08
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 462.68
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 211.88
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 195.08
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 339.08
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 115.88
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 129.08
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 367.28
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 540.08
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 63.88
AP 00227642 9/8/2005 CUCAMONGA VALLEY WATER DISTRICT 321.43
Total for Check ID AP: 1,546,286.93
Total for Entity: 1,546,286.93
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Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~ ,108:54:3
City of Rancho Cucamonga
City of Rancho Cucamonga
Portfolio Management
Portfolio Summary
August 31,2005
Par Market Book % of Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv.
Local Agency Investment Fund 12,577,569.05 12,577,569.05 12,5771569.05 7.85 I I 3.135 3.179
Federal Agency Issues - Coupon 125,750,000.00 123,411,553.27 125,688,175,00 78.40 1,488 824 3.139 3.182
Federal Agency Issues - Discount 1,515,000.00 1,472,276.89 1,471,999,25 0.92 262 259 4.049 4.106
Treasury Securities - Coupon 5,000,000,00 4,942,187.50 4,985,546.88 3.11 1,070 621 3.184 3.229
Investment Agreements 15,600,000.00 15,600,000,00 15,600,000.00 9.73 I I 3.682 3.733
Investments 160,442,569.05 158,003,586.71 160,323,290.18 100.00% 1,203 668 3.201 3.246
Cash
Passbook/Checking 819,155.76 819,155.76 819,155.76 1 I 0.493 0.500
(not included in yield calculstions)
Total Cash and Investments
161,261,724.81 158,822,742.47 161,142,445.94 1,203 668 3.201 3.246
Total Earnings August 31 Month Ending Fiscal Year To Date
Current Year 452,817.02 919,910.78
Average Dally Balance 168,813,055.94 172,515,747.27
Effective Rate of Return 3.16% 3.14%
I certify that this report accurately reflects all City pooled investments and is in comformity with the investment policy adopted October 6, 2004. A copy of the investment policy is available in the
Administrative Services Department. The Investment Program herein shown provides sufficient cash flow liquidity to meet the next six months estimated expenditures. The month-end market values
were obtained from (IDC)-Interactive Data Corporation pricing service.
The attached SummapJ of Cash and Investments with Fiscal Agents as of the prior month's end is provided under the City official Investment Policy. 'r~e provisions of the individual bond documents
govern the management of these funds. On October 21,2004 the City entered into a Investment Agreement with Aegon/Transamerica in the amount of $15,600,000. The Investment Agreement will
eam interest at 6.00% per an~t~ through June 28, 2006 to provide funding for specific ex;)enditures during that period. Beginning June 29, 2006 through October 21, 2009, the Investment Agreement
will esm-int~est aL,2-41 ~'~-t'~ average annual rate of £etum over the five year period is 3.682% which is incorporated in the annual rate of return noted above.
Jah~,s-C ~=ro~t, Treasurer
Portfolio CITY
~,'~ cP
Run Date: 09/13/'2~)5 - 17:09 I=M (PRF_PM1) SymRept V6.21
City of Rancho Cucamonga
Portfolio Management Page 2
Portfolio Details - Investments
August 31, 2005
Average Pumhase Stated YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 360 Maturity Dnte
Local Agency Investment Fund
SYS00005 00005 LOCAL AGENCY INVST FUND 12,577,569.05 12,577,569.05 12,577,569.05 3.179 3.135 1
Subtotal and Average 20,9~0,794.86 12,577.569.05 12,57'Z,569.05 12,577,569.~5 3.135 1
Certificates of Deposit/Neg. - Bank
Subtotal and Average 1,368,387.10
Federal Agency Issues - Coupon
31331QK55 1199 FEDERAL FARM CREDIT DANK 05/19/2003 2,500,000.00 2,437,5Q0.00 2,496,875.00 3.120 3.104 991 05/19/2008
31331QM79 1205 FEDERAL FARM CREDIT BANK 1~/03/2003 2,000,000.00 1,954,375.00 2,000,000.00 3.210 3.166 1,006 06/03/2008
31331QN78 1207 FEDERAL FARM CREDIT BANK 06~9/2003 5,5(X),000.00 5,372.812.50 5,500,000.00 2.440 2.407 554 03/09/2007
31331Q7C5 1226 FEDERAL FARM CREDIT BANK 08/13/2003 3,(XX},0OO.00 2,943,750.00 2,995,312,50 3.050 3.049 711 08/13/2007
31331TFG1 1231 FEDERAL FARM CREDIT DANK 09/24/2003 2,000,000.00 1.972,500.00 1,996,562.50 3.375 3.374 753 09/24/2007
31331TND9 1244 FEDERAL FARM CREDIT BANK 12/17/2003 2,000,000.00 1,966,250.00 2,000,000.00 3.970 3.916 1,020 06/17/2008
31331TWH0 1253 FEDERAL FARM CREDIT BANK 03/17/2004 2,000,000.00 1,933,125.00 2,000,000.00 3.240 3.196 928 03/17/2008
31331TWJ6 1254 FEDERAL FARM CREDIT BANK 03/17/2004 4,000,000.00 3,873,750.00 3,997,500,00 3.550 3.517 1,173 11/17/2008
31331TG62 1263 FEDERAL FARM CREDIT BANK 04/29/2004 3,5(X:},000.00 3,468,281.25 3,479,000.00 3.920 4.012 1,152 10/27/2008
31331TU25 1272 FEDERAL FARM CREDIT BANK 06/1(72004 3,000,000.00 2.986,875.00 3,000,000.00 4.000 3.945 830 12/10/2007
31339XJJ4 1210 FEDERAL HOME LOAN BANK 06/12/2003 5,000,000.00 4,881,250.00 5,000,000.00 2.650 2.614 648 06/11/2007
31339XB78 1211 FEDERAL HOME LOAN DANK 06/16/2003 3.000,000.00 2,929,687.50 3,000,000.00 2.430 2.397 561 03/16/2007
31339X~B8 1212 FEDERAL HOME LOAN DANK 06/19/2003 2,000,000.00 1,951,250.00 2,000,000.00 2.625 2.589 656 06/19/2007
31339XPL2 1213 FEDERAL HOME LOAN BANK 06/26/2003 2,000,000.00 . 1.936,250.00 2,0OO,O00.00 2.450 2.417 755 09/26/2007
31339YHG0 1218 FEDERAL HOME LOAN BANK 07/16/2003 3,000,000.00 2.930.625.00 . 3,000.000.00 2.540 2.506 592 04/16/2007
3133X1P27 1237 FEDERAL HOME LOAN DANK 10/27/2003 3,000,{X}0.00 2.978,437.50 3,000,000.00 4.000 3.945 1,152 16/27/2008
3133X3DX8 1247 FEDERAL HOME LOAN DANK 01/29/2004 2,000,000.00 1,970,625.00 2.000,000.00 3.355 3.310 788 1(729/2007
3133X4MR9 1255 FEDERAL HOME LOAN BANK 03/26/2004 5,000.000.00 4,920,312.50 5,000,000.00 2.750 2.713 481 12/'26/2006
3133X4XF3 1256 FEDERAL HOME LOAN BANK 06/29/2004 2,000.000.00 1,971,875.00 2,000,000.00 3.500 3.452 848 12/26/2007
3133X5WA2 1264 FEDERAL HOME LOAN BANK 04/30/20(~ 2,000,000.00 1.960.000.00 2,000,000.00 3.210 3.167 881 01/30/2008
3133XAR25 1277 FEDERAL HOME LOAN BANK 02/16/2005 1,000,000.00 995,000.00 1,000,000.00 4.080 4.024 1,0~2 0S'l 8/200~
3133XAMW4 1279 FEDERAL HOME LOAN BANK 02/22/2005 1,000,000.00 993,125.00 ~99,750.00 4.000 3.954 904 02-/22/'2008
3128X1DD8 1198 FEDERAL HOME LOAN MORTG. CORP. 05/19/2003 5,000,000.00 4,924,535.37 4.993,750.00 3.500 3.479 991 06/19/2008
3128X1FG7 1203 FEDERAL HOME LOAN MORTG. CORP. ~ 3,000.000,00 2.946,644.90 3,000,000.00 2.500 2.466 453 11/26/2006
3128X1DK0 1204 FEDERAL HOME LOAN MORTG. CORP, 05/28/2003 4,000,000,00 3,889,716.19 4,000,0(}0.00 3.100 3.058 818 11/28/2007
3128X1JDO 120~ FEDERAL HOME LOAN MORTG. CORP. 06/12/2003 5.000,000.00 4,8~4,495.09 4,~98,500.00 3.030 2.995 1,014 06/11/2008
3128XIJN8 1209 FEDERAL HOME LOAN MORTG. CORP. 06/12/2003 2,000,000.00 1,946,0,33.94 2,000.000.00 2.400 2.367 648 06/11/2007
3128XIL96 1233 FEDERAL HOME LOAN MORTG. CORP. 10/08/2003 4,000,000.00 3,952,492.06 3.997,600.00 2.800 2.782 381 09/17/2006
3128X2P25 1257 FEDERAL HOME LOAN MORTG. CORP. 0,3/30/2004 3,000,000.00 2,974,688.87 3,000,000.00 4.000 3.945 1,306 03/30/2009
~ Portfolio CITY
~'~ cP
City of Rancho Cucamonga
Portfolio
Management Page 3
Portfolio Details - Investments
August 31, 2005
Average Purchase Stated YTM Daysto Maturity
CUSIP Investment # Issuer Balance Data Par Valu~ Market Value Book Value Rata Moody's 360 Maturity Date
Federal Agency Issues - Coupon
3128X07G8 1258 FEDERAL HOME LOAN MORTG. CORP. 04/12/2004 1,250,000.00 1,235,527.42 1,248,750.00 3.650 3.626 979 05/07/2008
3128X25Y7 1260 FEDERAL HOME LOAN MORTG. CORP. 04/19/2004 2,000,000.00 1,955,853.88 1,997,600.00 2.920 2.916 778 10/19/2007
3128X3BF9 1261 FEDERAL HOME LOAN MORTG. CORP. 04/26/2004 1 ,O00,O00.00 984,891.97 1,000,000.CO 3.280 3.235 785 10/26/2007
3128X3CS0 1262 FEDERAL HOME LOAN MORTG. CORP. 04/29/2004 5,000,000.00 4,940,399.93 5,000,000.00 3.450 3.403 788 1 0/29/2007
3128X3FC2 1267 FEDERAL HOME LOAN MORTG. CORP. 05/24/2004 3,000,000.00 2,979,554.90 2,999,062.50 3.750 3.708 813 11/23/2007
3136F3VQ6 1202 FEDERAL NATL MTG ASSN 05/27/2003 7,0~0,000.90 6,818,437.50 6,996,500.00 2.500 2,479 631 05/25/2007
3136F3Q82 1219 FEDERAL NATL MTG ASSN 07/16/2003 4,000,000.00 3,690,000.00 4,000,0CO.00 2.500 2.466 683 07/1 5/2007
3136F32F2 1222 FEDERAL NATL MTG ASSN 07/29/2(X)3 4,000,000.00 3,915,000.00 3,993,750.00 3.300 3.289 1,062 07/29/2008
3136F4B45 1243 FEDERAL NATL MTG ASSN 12/12/2003 2,000,000.00 1,969,375.00 2,000,000.00 3.300 3.255 467 12/12/2006
3136F5EE7 1250 FEDERAL NATL MTG ASSN 03/05/2004 3,000,000.00 2,960,625.00 2,999,062.50 3.750 3.707 1,194 12/08/2008
3136F5GP0 1252 FEDERAL NATL MTG ASSN 03~16~2004 4,000,000.00 3,970,000.00 4,000,000.00 4.040 3.985 1,292 03/16/2009
3136F5PB1 1259 FEDERAL NATL MTG ASSN 04/12/2004 1,000,000.00 979,375.00 1,0(X),Q00.00 3.020 2.979 771 10/12/2007
3136F6YQ6 1278 FEDERAL NATL MTG ASSN 02/22/2005 2,000,000.00 1,986,250.00 1,998,600.00 4.0~0 3.970 904 02/22/2008
Subtotal and Average 125,688,175.00 125,750,000.00 123,411,553.27 125,688,175.00 3.139 824
Federal Agency Issues - Discount
313589WY5 1280 FEDERAL NATL MTG ASSN 08/29/2005 1,515,000.00 1,472,276.89 1,471,999.25 3.900 4.049 259 05/18/2006
Subtotal and Average 142,451.54 1,515,000.00 1,472,276.89 1,471,999.25 4.049 259
Treasury Securities - Coupon
912828CG3 127'1 TREASURY NOTE 06/09/2004 5,000,000.00 4,942,187.50 4,985,546.88 3.125 3.184 621 05/15/2007
Subtotal and Average 4,985,546.88 5,000,000.00 4,942,187.50 4,985,546.88 3.184 621
Investment Agreame~ts
SYS1275 1275 AEGON / TRANSAMERICA 10/21/2004 15,600,000.00 15,600,0~0.00 15,600,000.00 3.682 3.682 1
Subtotal and Average 15,660,000.00 15,600,000.00 15,600,000.00 15,600,000.00 3.682 1
Total and A~erage 168,813.055.94 160,442,569.05 158,003~86.71 160,323~90.18 3.201 668
Portfolio CITY
CP
City of Rancho Cucamonga
Portfolio Management Page 4
Portfolio Details - Cash
August 31, 2005
Average Purchase Stated YI'M Days to
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 360 Maturity
Savings/Miscellaneous Accounts
SYS00180 00180 BANK OF AMERICA 819,165.76 819,155.76 819,155.76 0.500 0.493 1
Average Balance 0.00 1
Total Cash and Investmentss 168,813,055.94 161,261,724.81 158,822,742.47 161,142,445.94 3.201 668
Portfolio CITY
CP
City of Rancho Cucamonga
Portfolio Management Pages
Activity By Type
August 1, 2005 through August 31, 2005
Beginning Stated Transaction Purchases Redemptions Ending
CUSIP Investment # Issuer Balance Rate Data or Deposits or Withdrawals Balance
Local Agency Investment Fund (Monthly Summary)
SYS00005 00005 LOCAL AGENCY INVST FUND 3.179 3,000,000.00 13,700,000.00
Subtotal 23,277,569.05 3,000,000.00 13,700,000.00 12,577,569.05
Savings/Miscellaneous Accounts (Monthly Summary)
SYS00180 00180 BANK OF AMERICA 0.500 797,170.37 0.00
Subtotal 21,985.39 797,170.37 0.00 819,155.76
Certificates of Deposit/Neg. - Sank
0605OE6Q3 1228 BANK OF AMERICA 2.150 0~/29/2005 0.00 1,515,000.00
Subtotal 1,515,000.00 0.00 1,515,000.00 0.00
Federal Agency Issues - Coupon
Babtotal 125,688,175.00 125,688,175.00
Federal Agency Issues - Discount
313589WY5 1280 FEDERAL NATL MTG ASSN 3.900 08/29/2005 1,471,999.25 0.00
Subtotal 0.00 1,471,999.25 0.00 1,471,999.25
Treasury Securities - Coupon
S~btotal 4,985,546.88 4,985,546.88
Investment Agreements
Subtotal 15,600,000.00 15,600,000.00
Total 171,088,276.32 5,269,169.62 15,215,000.00 161,142,445.94
portfolio CITY
CP
City of Rancho Cucamonga
Summery of Cash and Investments with Fiscal Agents
For the Month Ended July 31, 2005
Trustee and/or Purchase Maturity Cost
Bond Issue Pavin¢~ Aaent Account Name Investment Date Date Yield Value
Assessment District No 93-1 US Bank Imprvmnt Fund First American Treasury Obligation 8/4/1997 N/A* 0.00% $ 259,550.19
Masi Plaza Imprvmnt Fund Cash N/A N/A N/A
Reserve Fund First American Treasur~ Obligation 8/4/1997 NIA* 0.00% 244,619.65
Reserve Fund N/A N/A N/A
Redemp. Fund First American Treasury Obligation 8/4/1997 N/A 0.00% 2.77
Redemp. Fund Cash N/A N/A N/A
$ 504,172.61
PFA RFDG Rev Bonds series US Bank Expense Fund First American Treasury Obligation 7/1/1999 N/A* 0.00% $
Cash N/A N/A N/A
1999 A (Sr) & 1999 B (Subord) Sub Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 1.41% 588,692.57
Cash N/A N/A N/A
Sr. Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 1.41% 1,105,930.32
Cash N/A N/A N/A
Redemption Fund First American Treasury Obligation 7/1/1999 NIA* 0.00%
Cash N/A N/A N/A
Revenue Fund First American Treasury Obligation 3/2/2000 N/A* 0.00%
Cash N/A N/A N/A
Residual Fund First American Treasury Obligation 1/16/2001 N/A* 1.41% 105,942.08
Cash N/A N/A N/A
$ 1,800,564.97
TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS $ 2,304,737.58
* Note: These investments are money market aseounts which have no stated maturity date as they may be liquidated upon demand.
~ i:~financetCash with Fiscal Agents.xls 9/13/'2005 5:09 PM
R A N C H O C U C A M O N G A
[ ]
C O M ~ItINITY S I~DVIC E &
Staff Report
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Kevin McA~-dle, Community Services Director
BY: Paula Pachon, Management Analyst III {>>
SUBJECT: ACCEPTANCE OF A DONATION OF A PARLOR GRAND PIANO
FOR THE VICTORIA GARDENS CULTURAL CENTER AND THE
APPROPRIATION AND AUTHORIZATION OF FUNDS, NOT TO
EXCEED $7,500 FOR ITS REFURBISHMENT (TO BE FUNDED
FROM ACCOUNT NUMBER 26508015300/1357-6322)
RECOMMENDATION:
It is recommended that the City Council accept a donation of a parlor grand piano for
the Victoria Gardens Cultural Center and appropriate and authorize funds, not to
exceed $7,500, for its refurbishment (to be funded from account number
26508015300/1357-6322.
BACKGROUND/ANALYSIS:
Harry and Judy Gibson, both Community Foundation Boardmembers, have offered
to donate a parlor grand piano to the City for the Victoria Gardens Cultural Center.
A local Steinway technician from Cucamonga Music Company, who has indicated
that the piano is a Steinway B rosewood piano that is good condition, has evaluated
the piano. The ivory keys have been assessed to be in excellent condition and the
soundboard and strings are in fair condition. The rosewood finish is considered to
be rare which makes its more valuable, however, due to the age of the piano (circa
1901), the technician has recommended that the piano be refinished and that the
piano be restrung. Refurbishment of the piano is estimated at $12,500. The Gibson's
have offered to pay $5,000 of the costs for its refurbishment. Once the piano has
been refurbished the Cucamonga Music Company has stated that the piano would
appraise for $40,000+.
Once moved to the Cultural Center the parlor grand piano would be used for recitals
and/or concert performances. As a grand piano was identified by staff as item to
Page 2
September 21, 2005
Acceptance of a Donation of a Parlor Grand Piano for the Victoria Gardens Cultural Center and
the Appropriation and Authorization of Funds, Not to Exceed $'/,500 for its Refurbishment (to
be funded from account number 2650801530011357-6322)
pumhase for the Cultural Center, this donation would save the City an estimated
$70,000.
Therefore, it is recommended that the City approve the donation of the Gibson's
parlor grand piano for the Victoria Gardens Cultural Center and appropriate and
authorize funding, not to exceed $7,500, for its refurbishment. Funding for the
piano's refurbishment would come from the Cultural Center's fixtures, equipment and
furnishing budget.
Respectfully submitted,
Community Services Director
T H C I T V 0 F
~-~N~C-~i'O C U CAH 0 N GA
Staff Report
DA'~: September 21,2005
TO: Mayor and Members of tho City Council'
Jack Lam, City Manager
FROM: William J. O'Neil, City Engineer
BY: Maria E. Perez, Associate Engineer
SUBJECT: REQUEST TO APPROPRIATE $5,000.00 TO COMPLETE MATERIALS
TESTING FOR THE EMERGENCY EROSION CONTROL PROJECTS
FROM THE GENERAL FUND TO ACCOUNT NO.
10013075650/1501001-0
RECOMMENDATION
Staff recommends that the City Council approve an appropriation of $5,000.00 to
complete the materials testing for the Emergency Erosion Control Projects from the
General Fund to Account No. 10015075650/1501001-0.
BACKGROUND
Construction of the Emergency Erosion Control projects is nearing completion. The
estimated budget for the materials testing was insufficient to accommodate the hours
required to complete the project. The additional appropriation will allow for testing
services to cover the completion of the project.
Respectfully submitt~ed,
William J. O'Neil
City Engineer
WJO:MEP
PBOJECT: EMERGENCY
CITY OF EBOSlON CONTBOL
lUmeHo euemoltml LOCATION: VABIOgS NenTa
CiTY UMITS
~ EIIGliiEEflBNG DIVISION F3BIBIT: VlCINITYMAP
~ .
R A N C H O C U c A M O N G A
E I
C OI~lI~ u N ITY
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FRO~: Ke¥in McArdle, Community Services Director
Joe O'Neil, City Engineer
Dan Coleman, Acting City Planner
BY: Paula Pachon, Management Analyst III
Karen McGuire-Emery, Senior Park Planner
SUBJECT: PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES
UPDATE
RECOMMENDATION:
In accordance with the City Council's request to become more informed of park and
recreation facility issues, programs, projects and events, this report is provided to
highlight pertinent issues, projects and programs occurring in the Community Services
Department, the Park Design/Development and Maintenance Sections of Engineering
and the Planning Department. This report is provided to the City Council for
informational purposes only. No action need be taken on this item.
A. PARKS AND FACILITIES UPDATE
Central Park:
· Certificate of Occupancy issued on 5-21-05. Contractor continuing to work on punch list
items.
· Becker Flooring has completed the install of the designed carpet for the amades.
· Doorkeeper installed the new wireless controls for the handicapped door operators on both
sides of the building.
· Spinatar has completed the programming of the NV system in the Rancho Cucamonga Hall,
and has programmed the assisted hearing devices in both the RC and the David Dreier
halls.
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
Central Park Landscape and Irrigation Project:
· Turf areas along Milliken infested by fungus due to recent humid weather. Contractor
working to re-mediate. Anticipate acceptance by early October.
Rancho Cucamonga Cultural Center Project:
· Building construction proceeding well. Theater - Have completed steel fireproofing.
Theater seats formed. Interior basement and lobby walls framed. Mechanical/electrical and
plumbing overhead completed. Getting ready to install temporary roofing. Event Center -
Completed installation of the mechanical/electrical and plumbing in the overhead and
exterior walls. Completed the exterior and interior wall framing and setting the doorframes.
Working on the Mechanical/electrical and plumbing in the interior walls. Library - Completed
the overhead and exterior wall mechanical/electrical and plumbing installation, as well as
framing the interior library walls. Working on installing the roofing system.
Heritage Park:
· City Parks Maintenance staff inspected equestrian ADA ramp and reinforced where
necessary.
Rancho Cucamonga Theater Arts Center:
· City Facilities staff assisted with old furniture move out, picture hanging, clock recharging
and new TV cable runs to the new waiting room (Royalty Room).
Pacific Electric Inland Empire Trail:
· Grove to Base Line: City to start construction in fiscal year 2005/06 on widening of Foothill
Boulevard, including installing a new bridge where Pacific Electric crosses Foothill
Boulevard. Engineering staff is working on grant application under the state's Bicycle
Transportation Account funding to design and construct.
· Base Line Road to Amethyst: Planning staff has applied for Safe Route to School funds for
the Base Line Road to Amethyst reach.
· Amethyst to Archibald: Funded with $272,000 in state's Bicycle Transportation Account
money and local matching funds (beautification fees). Construction bid of $692,000 is higher
than available funding; therefore, City Council rejected bids on June 15, and directed staff to
combine with Archibald to Haven segment.
· Archibald to Haven: SANBAG approved $954,900 in Transportation Development Act Funds
(Article 3). Design and construction in fiscal year 2005/06.
· Haven to 1200' east of Etiwanda Avenue: Funded with $3.7 million federal STE grant money
and local matching funds (beautification fees). City's environmental consultant, LSA
Associates, Inc. is working on a response to Caltrans corrections to various environmental
documents to obtain the federal environmental clearance. This is a crucial step that is
required before we can get our allocation of the grant funding.
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 2"1, 2005
· Two short segments of the trail have been constructed in Rancho Cucamonga along Milliken
Avenue and Day Creek Boulevard in conjunction with the construction of Central Park
Phase I and Day Creek Fire Station, respectively. Both of these are "re-routes" to new
signalized crossings of these busy streets.
· The Planning Department and City Attorney have almost concluded negotiations with
Joseph Filippi Winery on an agreement that would allow Winery to plant vineyards as an
interim use down the middle of the railroad corridor. SANBAG, who owns the corridor,
requires that the middle 45 feet be reserved for future transit.
· The Rancho Cucamonga Community Foundation on October 13, 2004 approved use of their
non-profit organization to become a donation collector for this important trail project. To date
we have raised $646 in donations.
· The Friends of the Pacific Electric Trail have formed a 501(c) 3 non-profit organization and is
working on a newsletter.
· Outdoor recreation retailer REI has expressed a strong desire to support this trail project
through their community service program of volunteers who do trail construction and
maintenance. At REI's Tour de Rancho bike ride event that was held April 3, 2005, staff
manned a booth with information about Pacific Electric Inland Empire Trail. REI store
employees nominated the trail for grant funding and staff has submitted the grant application
in conjunction with the Friends of the Pacific Electric Trail. REI presented a check at the City
Council meeting August 17 for this $4,000 grant to Friends of the Pacific Electric Trail. On
the basis of our grant application, REI corporate office also invited us to submit a nomination
for a $20,000 REI Stewards for the Environment Award and we are awaiting word.
· The Planning Department and the Community Services Department's Marketing Manager,
met with REI's special events specialist to brainstorm ideas for events promoting the trail. If
REI awards their grant, a special event could be held at their store. A charity shopping night
could be held in conjunction with REl's movie night where REI would donate a percentage of
their sales profits to the trail. Another idea is to film a promotional video, which could include
interviews at the City's first groundbreaking or grand opening ceremony that could be shown
as a public service announcement on RCTV3.
Etiwanda Railway Station Property:
The Pacific Electric Inland Empire Trail Master Plan identifies the station as a high priority
"signature trailhead". The Engineering Department has begun using the station property for
public works maintenance activities.
· Site Clean-up: Work completed, including demolition of accessory structures. Next phase
will be the historic depot building, pending funding availability, starting with repairing roof,
then environmental clean-up (e.g., removal of asbestos, lead paint and mold).
· Etiwanda Depot: Floor plans, roof plan and elevations have been drawn to document the
existing layout of structure. A structural engineer has inspected the depot and is preparing a
report on needed work. Burglar alarms have been installed in the station building; however,
there are no fire sprinklers in the building. Engineering Department has estimated it would
cost approximately $253,000, including fire sprinklers, to bring station up to code for
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 2t, 2005
occupancy by Public Works staff. $50,000 in Community Development Block Grant (CDBG)
construction funds approved in FY2004-05, mostly for demolition of accessory structures on
property. Mayor and staff met with restaurateur who is interested in leasing Station building
for an upscale steakhouse; however, before going any further, City Council policy discussion
needed regarding desired uses for property. If City wishes to sublease Station, or a portion
thereof, to a commercial business, then a Request for Proposals should be issued.
· Alternative Land Use Concepts: The Planning Department has hired a design consultant to
draw three alternative schemes for the entire 4 +/- acre property to provide the basis for
consideration. The three alternatives have been completed and will be used to begin
discussion regarding desired uses for property and depot.
B. COMMUNITY SERVICES UPDATE
Seniors:
· Senior Health and Wellness Pro,qram starts this month. We are really excited about this
program and the great workshops and classes that will be offered for free to our seniors.
The classes include Yoga, Tai chi, 10,000 Steps-Walking Group, A Personal Trainer, and
People with Arthritis can Exercise. There will also be 16 workshops over the next year on a
variety of topics that concern seniors. We are also very excited that a resource center and
library will be opening for the seniors as apart of this program along with an extended
transportation program in partnership with the YMCA.
· The Gift Shop at Central Park will also be ready to open by mid month. We have volunteers
ready to start and some great ideals for some awesome merchandise!
· Senior Advisory Committee will hold its next regular meeting on Monday, September 26,
9:00 a.m. at the Senior Center.
Trips and Tours:
· Julian, Wednesday, September 14, 2005, 8:00 a.m. to 6 p.m. Ride with us in a deluxe
motor coach to picturesque Julian, the apple capital of San Diego County! Our first stop this
morning will be at the popular Dudley's Bakery for some fresh bakes goods. Then we arrive
for lunch at the rustic Rongbranch Restaurant. After our leisurely meal we'll spend the rest
of the day browsing and shopping on our own in town before returning. Cost: $53.00 per
person.
· Lau.qhlin, Sunday, September 18-20, 2005, Three days and two nights await you at the
Flamingo hotel and Casino in Laughlin. Enjoy gambling, dining, and entertainment, or
partake in a serene boat ride across the Colorado River, on your own. Prices include two
nights stay in the Flamingo, two buffets, and luggage service. Cost: $99.00 per person-
single occupancy; $79.00 per person-double occupancy.
· NASA Jet Propulsion Laboratory, Thursday, August 24. The Jet Propulsion Laboratory,
managed by the California Institute of Technology, is NASA's lead center for the robotic
exploration of the solar system. JPL spacecraft have visited all of the planets in our solar
system except Pluto. JPL telescopes are observing distant galaxies in the universe to study
how our solar system was formed. JPL also manages the world-wide Deep Space Network,
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
which communicates with spacecraft and conducts scientific investigations from its
complexes in the Mojave Desert near Gold Stone; near Madrid, Spain; and near Canberra,
Australia. JPL cameras and sensors are aboard satellites circling Earth to study the ozone,
oceans and other Earth sciences. On the way home there we'll stop for lunch (on your own)
at Beadles Cafeteria in Pasadena. All participants must have a picture I.D. on the day of the
trip. No guns, knives, scissors, etc. Must have correct name and address for all
participants. No additions or substitutions 5 days prior to date of trip. Cost: $26.00 per
person.
Human Services:
· Dr. Harvey D. Cohen, M.D. will present the following lectures in his 'q'he Dr. is In" series at
the James L. Brulte Senior Center for the months of September - December:
~ 3rd Tuesday of each month from 12:00 pm - 1:30 pm
September 20 - Risk Prevention from Falls
October 18 - Flu Syndrome: Can you Prevent It?
November 15 - Osteoporosis: New Treatment
December 20 - Blood Thinners: Who Needs Them and Why?
~ 3rd Wednesday of each month from 7:00 pm - 8:30 pm
September 21 - Diabetes: New Medication, inhaled Insulin
October 19 -Arteriosclerosis - New Tests/Can Antibiotics Help?
November 16 - Constipation: Is it Cancer?
December 21 - Potpourri: Bring All Your Own Questions!
· Losing a loved one can result in a number of physical and psychological changes.
Symptoms such as numbness, anger, depression, sleeplessness, loss of energy and
appetite can occur. The bereavement support ,qroup is led by professionals from Inland
Hospice Association who are trained to help those suffering from their loss get through this
difficult time. The group will meet at the James L. Brulte Senior Center every Tuesday from
3:30 pm - 5:00 p.m. The support group is offered free of charge and is available for adults
18 and older. The first meeting begins September 13th, 2005.
· The James L Brulte Senior Center has a Resource Wall with a wide variety of pamphlets
and brochures on topics that are of interest to today's seniors and the community. All of
them are available at no cost. Topics include:
Health and Wellness
Diet
Disease Prevention
Child Safety
Medical Conditions
Elder Law
Home Safety Tips and more!
· The monthly Emergency Food Distribution (Commodities) program was expanded beginning
in August. At the present time, food is distributed at the James L. Brulte Center, delivered to
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
the homebound and distributed at Villa Pacifica, Rudolph Hendrickson and Olen Jones
senior apartment complexes. We have recently added Heritage Pointe senior apartments
and Chaparral Mobile Home Park to our distribution list. The commodities distribution has
also grown to include a pet food distribution provided by food donated by PetCo.
,, With assistance from Congressman Drier, the Department recently received a grant from the
Department of Health and Human Services, Administration on Aging. The grant is
implementing a Senior Wellness and Transportation Proqram at our Senior Center and will
be hosting a series of 16 workshops and 5 classes. The workshops include topics on Senior
Resources and Healthy Living, Senior Fitness, Senior Nutrition, Balance, Mobility, and
Flexibility for Seniors, Alcohol and Substance Abuse, Age Friendly Facilities, Cancer
Awareness, Chronic Disease management, End of Life Issues, Arthritis, Selecting the Right
Home, Vision Loss, and Hearing Loss. The classes available will be Tai Chi, a Walking
group, P.A.C.E., a Personal Trainer, and Yoga.
The grant has also enabled the Senior Center to establish a Senior Resoume Library. This
library will feature reference materials with a wide range of topics dealing with senior, health
and wellness issues. The library will include an assortment of equipment including a Braille
printer, a Braille labeler, Braille games, a magnifier, and a computer with special needs
capability. For seniors to be able to access these vital programs, transportation to and from
the senior center will be provided through an agreement with the YMCA.
Special Needs Program:
· An open house was hosted at Goldy S. Lewis Community Center to meet with parents and
individuals will special needs to determine the type of activities and classes that would help
meet their needs. As needs are being reviewed and determined, the Department will be
offering a number of general craft classes during the months of October through December.
These classes will help the Department develop an interest level for programs, activities and
trips and tours for members of the community that may require special assistance to
participate.
Volunteers:
· Our volunteer pro,qram is continuing to grow in numbers and in opportunities. Currently,
volunteers are participating in the Mark Christopher Golf Charity Classic presented by
Adelphia. In addition, volunteers committed to serve at many of our future events inlcuding
our flu shot clinic, Founders Day Parade, Tree Lighting, to Thanksgiving basket distribution
and to implement our Season of Giving toy drive.
· The table on the following page summarizes Departmental volunteer usage for the month of
July 2005 and fiscal year-to-date.
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
JULY 2005 Beginning FY Jul, r 2008
# of # of
Division # of Vol. Hours $ Value* # of Vol. Hours $ Value'
Administrative
Services 5 15 210 5 15 210
Senior Services 126 1,310 18,340 126 1,310 18,340
Human Services 30 99 1,386 30 99 1,386
Sports 105 3,312 46,368 105 3,312 46,368
Special Events 66 418 5,852 66 418 5,852
Performing Arts 36 125 1,750 36 125 1,750
Teens 67 1,418 19,852 67 1,418 19,852
Youth Programs 2 76 1,064 2 76 1,064
Totals 437 6,773 94,822 437 6,773 94,822
Estimated at $14~our
Teens:
· The table below summarizes teen pro,qram attendance for the month of August 2005:
ProgamlActivity Attendance - August 2005
Teen Center 706
Spruce Skate Park Facility 823
TRAC - Snack Bars 189 volunteers; 190.5 hours
TRAC - Babysitting 13 volunteers; 65 hours
Teen Connection 123 volunteers; 500 hours
· August was a great month for the Teen Center. The teens participated in an assortment of
friendly competitions: Dodge ball Mania, Basketball Shootouts, Volleyball Tourney, Card
Games, Ping Pong Competition against Staff, Checker Champs, Connect Four Galore, and
The Pool Tournament. The winner of each competition received a well-deserved prize for
all their hard work. School started for most of the teens at the end of the month, so the
Teen Center will continue to make The REC (as our teens called the Teen Center) an
awesome after school spot!
· Teen Trips: Teens enjoyed traveling to Knott's Berry Farm and Magic Mountain. The annual
San Diego camp trip was awesome. The week was filled with fun activities and pranks on
staff. 22 Focal teens enjoyed a week at Campland on the Bay in San Diego. Activities
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
included the following: football, basketball, volleyball, karaoke, arts and crafts, bingo, a
camp dance, scavenger hunts, swimming, biking, roller-blading, and fireside fun.
· Teen Upcomin.q Activities: September is the month that staff wraps up summer with
evaluations and preparations for the upcoming school year filled with exciting fun events and
activities
· Spruce Skate Park: On the second Thursday of the month Janelle Hughes, Teen Center
Program Specialist meets with local skaters at the skate park. We are continuing our quest
to update our skate park, to meet the request of the skaters
· Teen Recreation Activity Club (TRAC): Once again TRAC had a very busy summer serving
the community with their major fund raising snack bars at the Movies and Concerts in the
Park and the Alta Loma High School aquatic program. Monthly meetings will resume in
October. Babysitting continues to grow and parents would like to see the program offered
every weekend.
· Summer Volunteer Connection: August brings yet another successful summer to an end.
We placed 25 teens in various Departmental summer programs. Each teen will receive a
certificate of completion and the experience to take with them when applying for their first
job.
· REAL Hi.qh School Advisory Committee: The REAL committee (acronym for Rancho
Cucamonga, Etiwanda, Alta Loma and Los Osos high schools) began discussing potential
special events for Hi9h School Students. The committee consists of 10 students from the
following High Schools A.S.B. (Associated Student Body): Etiwanda High School, Los Osos
High School, and Rancho High School and Alta Loma High School. Meetings will begin
again in September.
Youth:
The table below summarizes youth pro.qram attendance for the month of August.
Program Classes/Sites Registrants Attendance
Play Camp 56/3 488 4,795
Kid Explorers 3/1 47 62
Camp Cucamonga 4 231 1,155
Mobile Recreation 5 130 130
Lewis Partnership Kids
Club Evergreen, Del 4 Sites 0 417
Mar, Terra Vista and
Carmel Apartments
· Play Camp: 2005 Play Camp for children ages 1 - 5 took place Monday, June 27th through
Friday, August 19, 2005. Play Camp was located at Lions Center East and West and the
Goldy S. Lewis Community Center. Play Camp participants enjoyed arts and crafts, meeting
new friends, out door recreation play, learn socialization skills and building large and small
motor skills. During the course of the summer 866 children were enrolled in the program
with an attendance of 7,520 for the 8-week program.
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 2'1, 2005
· Kid Explorers: 2005 Kid Explorers for children ages 5 - 10 was offered Monday/Wednesday
or Tuesday/Thursday, from July 5th until August 11, 2005. The Kid Explorers program took
place at Lions Center East. Children explored the earth, planets, the environment, arts and
crafts, meeting new friends, out door recreation play and more. During the course of the
summer 240 youngsters were enrolled in the program with an attendance of 467 for the 6-
week program.
· Camp Cucamonqa: 2005 Camp Cucamonga for children ages 5-12 took place at Alta Loma
High School and began Monday, June 20, 2005. Camp was a 9-week program and ended
on Friday, August 19, 2005. Participants enjoyed themed activity weeks, swimming on
Tuesday and Thursday and exciting field trips on Wednesday along with arts and crafts,
games, sports and organized activities. During the course of the summer 715 youngsters
were enrolled in the program with an attendance of 3,498 for the 9-week camp.
· Mobile Recreation: "Fun On the Run's" fall session will run October 3-November 18 from
11:00 am - 3:00 pm at the following parks:
Da}, of the Week Park Location
Monday Bear Gulch
Tuesday Hermosa
Wednesday Old Town
Thursday Elena
Friday Windrows
· Lewis Partnership Pro.qram: The month of August was extremely hot and we tried our best
to keep the kids cool by playing plenty of water games. Upcoming events for the month of
September include:
> September 14th - Back to School party
> September 20th - Poolside Popsicles
Youth Sports:
· The table below summarizes youth sports activities for the reporting period:
Activity # Participants Age/Gender # Teams
Pee Wee Soccer 620 3~5/boys & girls 62
Youth Flag Football 220 6-13/boys & girls 20
Youth Basketball 935 6-16/boys & girls 104
Youth Sports Camp- 120 6-12/boys & girls N/A
Cucamonga Middle
School
Youth Basketball 140 8-14/boys & girls 4
Practice-Cucamonga
Middle School
Judo-Cucamonga 80 8-adult N/A
Middle School
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
RC Family Sports Center:
· The table below summarizes drop-in/open play participation at the Center for the reporting
period:
Activity # Participants
Adult Basketball 381
Youth Basketball 737
Adult Racquetball 455
Youth Racquetball 103
Adult Volleyball 48
Youth Volleyball 44
Jazzercise 1,299
· The table below summarizes or.qanized adult activity at the Sports Center during the
reporting period:
Activity # Participants Age/Gender # Teams
Racquetball 18 Adult/Male & Female N/A
Basketball Full Court 120 Adult/Male 12
Basketball 3-on-3 50 Adult/Male 10
Adult Sports:
· The table below summarizes adult sport activities at the Epicenter during the reporting
period:
Activity # Participants Gender # Teams
Softball 2,640 Male & Female 165
Football 50 Male 5
Soccer 320 Ma e & Female 20
Sports Advisory Committee:
· The next Sports Advisor,/Committee meeting will take place on October 12, 2005 at 7:00
p.m. at the Civic Center. At this meeting the 2006 spring (February 1, 2006-July 31, 2006)
field request will be due.
Special Events:
· On Saturday, August 13th we celebrated our Grand Openin.q Ribbon Cuttin.q Ceremony for
Victoria Arbors Park from 10:00 am until 1:00 pm. Activities included a ribbon cutting
ceremony, free hot dogs, chips, drinks and activities for the whole family. Over 200 people
attended our neighborhood park opening.
· Movies in the Park experienced another great success this summer. Over 6,700 residents
came out to enjoy our free movies in the park. This summer's lineup for movies included:
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
Shrek 2, Willy Wonka & the Chocolate Factory, Racing Stripes, The Wizard of Oz, Shark
Tale and The Sponge Bob Squarepants Movie. Movies were held at Central Park on
Monday evenings, Victoria Gardens - Chaffey Town Square on Tuesday evenings,
Windrows Park on Wednesday evenings and Red Hill Community Park on Friday evenings
throughout the six-week program.
· We had another wonderful turnout for this summer's Concert in the Park series. Over 15,100
community members attended our concerts throughout the eight-week series. The bands
who helped make this event enjoyable included: The $ilverados (Country), Steve Copeland
and Raging Sun (Jazz/Blues), The Beatless (Rock and Roll), Jumpin Joz Band (Swing), LA
Lyon (Top 40s), Upstream (Calypso/Reggae), Ronny & the Classics (Oldies), and The
Answer (Classic Rock). On an average 10 food vendors participated in the event and sold a
variety of food and drinks during the evening. People could settle in to the concerts with
dinner and a snack while enjoying the music from 7:00 pm until 9:00 pm each Thursday
evening at Red Hill Community Park.
· Department staff is assisting the Chamber of Commerce with their 2005 Grape Harvest
Festival Arts & Craft Fair. This event is California's Oldest Grape Harvest Festival. The
event will be held this year on October 7th & 8~ at Victoria Gardens located at 15 Freeway
and Foothill Boulevard. Activities will include: Hand-made Arts & Craft Vendors, Pie-eating
Contests, Grape Stomps, Fun Zone Area for Children, Wine Tasting Tent and a Community
Stage. For more information, please call the Chamber at (909) 987-1012 or visit the
Chamber's website at www.grapeharvestfestival.org.
· Join us on Saturday, November 12th at 9:30 am for a whole new Founders Day Parade,
packed with community groups and great entertainment at the beautiful Victoria Gardens.
Our parade theme this year is "From the Page to the Stage: A Celebration of Children's
Literature & Theatre." Currently we are actively recruiting schools and youth groups to
submit parade entries, and to costume their students/members as literary or theatrical
characters. Groups can create small floats or marching units.
· The Community Services Department, in collaboration with Lewis Retail Centers, is in the
process of planning a holiday tree li.qhtinq ceremony for the residents of Rancho
Cucamonga. The event will be held on Thursday, November 17, 2005, at 5:30 pm in the
Terra Vista Town Center - Food Court Area. Come join us for an evening of entertainment,
a visit from Santa and Mrs. Claus and much, much more holiday excitement.
Cultural and Performing Arts:
· The humor of the infamous playwright Nell Simon found a welcome space at the RC Theatre
Arts Center with the presentation of City's first non-musical play, "Rumors". Although the
performance space was small (seating approx. 70) the laughs were big and the show
opened the doors to a new element to the Theatre Arts Program. Ten local adults
comprised the cast who rehearsed for five weeks prior to the show opening. With the
success of this production, the City is sure to draw repeat audience members and grow this
new facet of our theatre arts program.
· The City's next theatre production will be the musical '~/Vorkin.q" based on Studs Terkel's
best selling book of interviews with American workers. The show features wonderful music
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
by several composers including Stephen Schwartz ('~Nicked"), Mary Rodgers ("Once Upon
a Mattress") and pop song icon James Taylor, providing a variety of musical styles from
Broadway-style, show tunes to moving ballads. Directed by John LaLonde and Don Cloud
and featuring a cast of 20 men and women, the show depicts the often-unappreciated
working class Americans such as the schoolteacher, the waitress, the mason, the trucker,
the fireman, the housewife and many others. Presented at the RC Theatre Arts Center, the
show runs for two weekends on September 30th and October 1, 2, 6, 7 & 8th. Tickets are
$10 and go on sale September 12th. '~Vorking" will be the third theatre production presented
at the Theatre Arts Center since its temporary establishment in the former Senior Center this
past April.
Contract Classes:
· Registration for fall session contract recreation classes began on August 22n~, Classes
begin the week of September 10th. Over 300 different class offerings are available for
community members and non-residents to participate in.
· Our summer session offered 278 recreation contract classes, with an enrollment of 2,825
individuals,
Facilities:
· The table below displays buildinq rental and attendance for the month of August 2005:
Facility Rental/Bookings Attendance
Lions Center East Rentals 71 1,200
Lions Center East Building 4,867
Lions Center West Rental 198 3,160
Lions Center West Building 7,660
James L. Brulte Senior Center 182 1,760
Goldy S. Lewis Community Center 110 6,099
Parks and Facilities:
· The table on the following page provides usage information for reservable park picnic
shelters and special use facilities for the month of August 2005:
Park/Shelter Attendance # Applications # Rentals Hours of Use
Red Hill 2322 35 38 213
Heritage 975 18 20 78i
Milliken 485 14 18 81
Hermosa 235 9 10 34
Coyote Canyon 200 7 9 29
Civic Center 220 2 2 14
Courtyard
Amphitheatre 230 4 4 24
TOTAL 4667 89 101 473
Equestrian Participants: *393 6 9 17
Center Spectators: 40
· Equestrian participants include drop-in use.
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 2'1, 2005
Epicenter Rental/Activities:
· The following rentals/activities took place during the reporting period:
), Blind Decker Productions - Showtime episode "Sleeper Cell'-August 19 and
22, 2005 - Epicenter Stadium.
~' AYSO - Picture Day - September 10, 2005 - Epicenter soccer fields.
Von's - Softball Tournaments - September 16 & 17, 2005 - Epicenter Softball
Fields and Pavilion.
~ Mark Christopher Charity Classic presented by Adelphia - Softball Game and
Dinner- September 17, 2005 - Epicenter Stadium & Pavilion
~ Halo Baseball Club - Tournament Games - September 17, 2005 - Epicenter
Stadium.
· Staff is working with the following applicants for upcoming rentals and activities:
), WSF Financial - Used Car and Truck Sale - September 21-26, 2005 - Epicenter
Special Event Area.
~* Water of Life Community Church - 15th Anniversary Church Service, Concert,
BBQ and Youth Event- October 9, 2005 - Epicenter Stadium and parking lots.
Chaffey College Foundation - October15, 2005- Mariachi Concert- Epicenter
Stadium.
Christian Okoye Foundation - Youth Holiday Event and 5K/IOK Walk~Run -
December 10, 2005 - Epicenter Parking Lots A & B & D and City streets.
~ Freedom Films - Feature Filming - February/March 2006 - Epicenter Stadium.
~ Aray Artist - Music Festival - May 2006 - Epicenter Stadium.
Park and Recreation Commission:
· The Park and Recreation Commission met on Thursday, September 15, 2005. The
following items were discussed/acted upon at this meeting:
Update and establishment of future agenda items for the Senior Advisory Committee.
Update and establishment of future agenda items for the Sports Advisory Committee.
Review of Community Services Department's 2004-2005 Program Report.
Update on the Cultural Center project.
Trail Advisory Committee update by Commissioner Carlson.
Sports Advisory Committee update by Commissioner Dickey.
Senior Advisory Committee update by Commissioner Munoz.
Rancho Cucamonga Community Foundation:
· The next regularly scheduled meeting of the Foundation Board of Directors is scheduled for
October 12, 2005. At this meeting it is anticipated that the following items will be
discussed/acted upon.
Review of Honorary Member Policy.
Discussion of potential member recruitment.
Consideration of affiliate status for the Theatre for Young Audiences Company.
City Council
PARKS, RECREATION FACILITIES, AND COMMUNITY SERVICES UPDATE
September 21, 2005
~ Consideration of Non-profit Foundation support for the RC Animal Shelter.
Community Services Director City Engineer Acting City Planner
H:~updateg. 2'i. O5, doc
T H C I T Y 0 F
Staff Report
DALE: September 21, 2005
10: Mayor and Members of the City Council
Jack Lam, AICP, City Maria§er
FROM: Carrie Pincott, Records Coordinator
SUBJECI: Destruction of City Records
RECOMMENDATION:
It is recommended that the City Council approve the attached Resolution authorizing
the destruction of City records pursuant to California Government Code Section
34090, the City's Records Retention Schedule, and other applicable legal citations.
BACKGROUND/ANALYSIS:
The records in the attached destruction requests have met their required retention
as listed in the City's Records Retention Schedule, and are due for final disposition.
The records have been reviewed and approved for destruction by the Department
representatives, the Department Head and the City Attorney.
CAP
(Attachments as noted)
Resolution No. 05-*** Page 1
RESOLUTION NO. 05-' ~,~ ?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CITY RECORDS WHICH ARE NO
LONGER REQUIRED AS SET FORTH IN CALIFORNIA
GOVERNMENT CODE SECTION 34090 AND OTHER
APPLICABLE LEGAL REFERENCES
WHEREAS, it has been determined that certain City records have been
retained in compliance with all applicable Federal, State and local statutes; and
WHEREAS, said City records have met their useful life and are no longer
required for public or private purposes:
WHEREAS, destruction of said records is necessary to conserve storage
space, increase staff productivity, and maintain conformance with the City's Records
Management Policy; and
WHEREAS, said records as listed in Exhibit "A" attached hereto have been
approved for destruction by the City Attorney;
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
does hereby resolve as follows:
SECTION 1: That approval and authorization is hereby given to destroy
those records described as Exhibit "A" attached hereto and
made a part hereof.
Resolution No. 05-*** Page 2
SECTION 2: That the City Clerk shall certify to the adoption of this
resolution, and thenceforth and thereafter the same shall be in
full force and effect.
PASSED, APPROVED, AND ADOPTED this
AYES:
NOES:
ABSENT:
ABSTAINED:
William J. Alexander, Mayor
ATTEST:
Debra J. Adams, CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a regular
meeting of said City Council held on ...................................
Executed this .............................. , at Rancho Cucamonga, California.
Debra J. Adams, CMC, City Clerk
.5'/
Resolution No. 05-*** Page 3
EXHIBIT 'A'
Records Destruction Authorizations for the following
Departments / Divisions
City Manager
Admin Services/Treasury
Admin Services/Admin
Finance
Planning
Engineering/Admin
52.
Notification Number Destruction Notification Report 05/24/2005
192 City 'of Rancho Cucamonga (RC) 11:07:45
Records Management Division (TMP)
CITY MANAGER (41.22)
Bill to Name: (4122)
Records Coordinator: KENDRENA, DONNA IVlail Code: Phone: (909)477-2700 ext: 2015
he fo ow ng records are due for destruction on 06/30/2005. Place your initials next to, EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifyin~ the hold.
[RETURN THE S1'GNED LIST TO THE RECORDS DTVI'STON BY3UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(.X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
Box Contents: Comm'l Security study (1992-1994)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name .
1 COMMERCIAL SECURITY STUDY PROPOSAL 09/01/1992 10/01/1994
2 COMMERCIAL SECURITY NEEDS ASSESSMENT 09/01/1992 10/01/1994
3 COMMERCIAL SECURTTY STUDY FINAL REPORT 09/01/1992 10/01/1994
4 COMMERCIAL SECUR~Y STUDY CORRES. AND FILES 09/01/1992 10/01/1994
r-~shred 1884 3000,0 Animal Control Files //~e~9~x'~.- 01/01/1989 06/30/2005 06/30/2005 07-02-03 1
Box Contents: City Mgr reference files
Alt. Folder # Alt. Folder Nu_mbe~[ . D~_scr!~ti._o? ......................... _Begl~n?in~g._D_a? _E~n_din~g~Da_te.. R_e_c_?'d Ti?_e N_a~e .
3 AN[HAL SHELTER CONSTRUCTION FILES (PO'S, PERMITS, 01/01/1989 12/31/1994 Animal Control Files
4 CERTIFICATE, INSPECTOR'S REPORTS, ETC.) 01/01/1989 12/31/1994 Animal Control Files
[-~Shred 921 11500.0 Animal Control Files 01/01/1989 06/30/2005 06/30/2005 05-01-01 3
Box Contents: Animal Shelter files
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 ANIMAL SHELTER BID DOCUMENTS 01/01/1989 12/31/1993 Animal Control Files
2 ANIMAL SHELTER ALARM CONTRACT 01/01/1989 12/31/1993 Animal Control I
3 ANIMAL SHELTER TELECOMMUNICATIONS CONTRACT 01/01/1989 12/31/1993 Animal Control Files
4 ANIMAL SHELTER DESIGN & DEVELOPMENT FILE 1989/91 01/01/1989 I2/31/1993 Animal Control Files
5 ANIMAL SHELTER CONSTRUCTION SHOP DRAWINGS 01/01/1989 12/31/1993 Animal Control Files
F~C~rcd ~a& __0k~- 11500.0 Animal Control Files 01/01/1989 06/30/2005 06/30/2005 05-01-01 4
Box Contents: Animal Shelter files
I i / /JI [I I I
Date
D~te 3ack Lam, City ana~.~_qp/ 3il Harkman, City Attorney
Page I
Notification Number Destruction Notification Report 05/24/2005
:1.92 City of Rancho Cucamonga (RC) 11:07:45
Records Management Division (TMP)
CtTY MANAGER (4122)
Bill to Name: (4122)
Records Coordinator: KENDRENA, DONNA Mail Code: Phone: (909)477-2700 ext: 2015
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
I RETURN THE SIGNED LIST TO THE RECORDS DIVZSION BY3UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name D~-tes On Destroy
(X) Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
~--~Shred 922 11500.0 Animal Control Files 01/01/1989 06/30/2005 06/30/2005 05-01-01 4
Box Contents: Animal Shelter files
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 ANIMAL SHELTER OPERATIONS RESEARCH 01/01/1989 12/31/1993 Animal Control Files
2 ANIMAL SHELTER DESIGN RFP'S 01/01/1989 12/31/1993 Animal Control Files
3 ANIMAL SHELTER DESIGN DEVELOPMENT DOCUMENTS 01/01/1989 12/31/1993 Animal Control Files
4 ANIMAL SHELTER CONSTRUCTION SLIDES 01/01/1989 12/31/1993 Animal Control Files
r--]Shred 925 11500.0 Animal Control Files 01/O1/;I. 991 06/30/2005 06/30/2005 O5-O2-01
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name ~} Ll~
1 ANIMAL CARE FACILITY, PRODUCT & MATERIAL SUBMI~'rAL 01/01/1991 12/31/1993 Cable TV Subscriber Complaints
[~]$hr~a --------1-1~6' e~£ 3000.0 City Manager Misc. Reference Files 09/01/1992 06/30/2005 06/30/2005 04-01-02 6
Box Contents: Comm'[ Security study (1992-1994) /~/C~
~~* ~L 3000.0 City Manager Misc. Reference Files 01/01/1989 06/30/2005 06/30/2005 07-02-03 1
Box Contents: City Hgr reference flies
Alt, Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 **HOLD INDEFINITELY PER DUANE BAKER** 01/01/1989 12/31/1994 City Manager Misc. Reference Files ~'~-) ~--~
2 DAY LABOR ISSUE - MISC. (1989-1994) 01/01/1989 12/31/1994 City Manager Misc. Reference Files
[~l~;g'~' Set/4e~/~-- 3000.0 City Manager Misc. Reference Files 01/01/1985 06/30/2005 06/30/2005 07-05-02 3
BOX Contents; Booking fee documents & info
I t2 / ¥ II I
D~e 3a~am, Cit~er Date 3in HaCkman, City Attorney
Page 2
Notification Number Destruction Notification Report 05/24/2005
192 City of Rancho Cucamonga (RC) 11:07:45
Records Management Division (TMP)
CITY MANAGER (4122)
Bill to Name: (4122)
Records Coordinator: KENDRENA, DONNA Mail Code: Phone: (909)477-2700 ext: 2015
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, sign
then
&
date
the
bottom
of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED L][ST TO THE RECORDS D[V~'STON BY.lUNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
r~shred 2079 3000.0 City Manager Misc. Referei~ce Files 01/01/1985 06/30/2005 06/30/2005 07-05-02 3
Box Contents: Booking fee documents & info
Alt. Folder # Alt. Folder Number Description Beginning Date Ending_ Date Record Title Name
1 County invoices w/City's dispute letter (1990-1999) 01/01/1985 12/31/1999 City Manager Misc. Reference Files
2 Booking Fee litigation (1991-1997) 01/01/1985 12/31/1999 City Manager Misc. Reference Files
3 Booking fee correspondence (1985-1998) 0[/01/1985 12/31/1999 City Manager Misc. Reference Files
4 Management Services Institute Study (4/23/1991) 0[/01/[985 12/31/1999 City Manager Misc. Reference Files
[~Shred 2739 3000.0 Misc. Reference Files 12/31/2000 12/31/2000 05-03-02 5
City
Manager
08/01/1994
Box Contents: City Mgr Reference (Pam Easter)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Animal Control Files (1997 - 1998) 08/01/1994 12/31/2000 City Manager Misc. Reference Files
2 Central Park Election files (1999 - 2000) 08/01/1994 12/31/2000 City Manager Misc. Reference Files
3 City Mgr office reorganization [999 08/01/1994 [2/31/2000 City Manager Misc. Reference Files
4 Copyright seal and logo [999 08/01/1994 12/31/2000 City Manager Misc. Reference Files
5 Convenience store ordinance (1994-1995) 08/01/1994 12/31/2000 City Manager Misc. Reference Files
6 El NIno public info (1997 - [998) 08/01/1994 [2/31/2000 City Manager MIsc. Reference Files
7 Fire Station 176 architect/property 2001 08/01/1994 [2/31/2000 City Manager Misc. Reference Files
8 Gen'l Plan update - Police special study ([999 - 2000) 08/0[/1994 12/31/2000 City Manager Misc. Reference Files
9 Parking Citation contract (1997 - 1998) 08/01/1994 12/31/2000 City Manager Misc. Reference Files
~Archive 2741 1020.4 Newspaper Articles 03/01/2001 03/30/2002 03/30/2005 02-03-01 1
'~/~%~,, BOX Contents: Newspaper Clippings 3/2001 - 3/2002
t'~ ~.-,v''''~'
r II I
Date 3ack Lam, City Manager Date 3im M~rkman, City Attorney
Page 3
R A N C H O C U C A M O N G A
ADMINISTRATIVE ~ERVICES
Memorandum
DATE: May 25, 2005
TO: Carrie Pincott, Record's Clerk
FROM: Lawrence I. Temple, Administrative Services Director
BY: Sandra G. Ramirez, Management Analyst II1~
SUBJECT: Records Destruction
We are in receipt of your memorandum dated May 26, 2005 in regards to destruction
of records. The Investment Portfolio Management Reports should be scanned and
filmed prior to destruction. They contain investment information that cannot be
duplicated and may be needed by our auditors for a period longer than 5 years. The
Market Pricing information can be destroyed after 5 years as requested. If you have
any questions, please feel free to contact me at extension 2405.
cc: Debbie Adams, City Clerk
/VV
.5'¢
Netificati-~n N~Jmber Destruction Notification Report 05/18/2005
t8:[ City of Rancho Cucamonga (RC) 08:37:48
Records Management Division (TMP)
Admin Services / Treasury (4140)
8i]1 to Name: Admin Services / Treasury (4:[40)
Records Coordinator: RAMIREZf SANDY Mail Code: Phone: (909)477-2700 ext: 2405
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. l'f you want a box held for an additional 6 months~ provide a memo justifying the hold.
I
RETURN THE SZGNED LI'ST TO THE RECORDS DI'VI'SION BY.1UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Sox Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
l-~Shred 2224 4080.4 ~'nvestment Portfolio Mgmt Reports 05/31/~.996 06/30/2000 06/30/2005 04-02-02
Box Contents: Invest Mgmt Reports/Market Pricing
Alt, Folder # Alt, Folder Number D~ ~ d' ~-"'[ Beginning Date Ending Date Record Titl~ Name
1 ~l~t/~'nv Hgmt Reports 6/30/97 - 6/30/2000 ~ '~ 05/31/1996
06/30/2000
Investment
Portfolio
Mgmt
Repo,
2 -- ~"Market Pricing 5/31/96 - 6/30/2000 05/31/1996 06/30/2000 Investment Portfolio Mgmt Reports
E = Excluded Eligible Boxes on Hold = O
Elgibile Boxes Checked Out = 0
Elgibile Boxes Excepted = 0
Boxes to be Destroyed for this Department =
( Excluding boxes on hold or boxes with folders on hold or
checked out, and excluding boxes selected for exception )
Date Temple r¥ Dir Date Ramirez, Sandy - Mgmt. Anlyst~ Date MarEmanf lim - City Attorney
:, Page
Nctification Number Destruction Notification Report 05/:t8/2005
182 City of Rancho Cucamonga (RC) 08:38:t0
Records Management Division (TMP)
ADMIN SERV[CES/ADM~'N (4150)
Bill to Name: (4150)
Records Coordinator: MARA~ PAM Mail Code: Phone: (909)477-2700 ext: 2402
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. Zf you want a box held for an additional 6 months~ provide a memo justifying the hold.
RETURN THE SI~GNED LIST TO THE RECORDS DIVISION BY3UNE t4~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
,~,~hred 2302 9010.6 Meet and Confer 07/01/~.997 06/30/2000 06/30/2005 02-02-01 5
Box Contents: Meet & Confer (7/97 - 6/2000)
E = Excluded Eligible Boxes on Hold
Elgibile Boxes Checked Out
Elgibile Boxes Excepted
Boxes to be Destroyed for this Department
( Excluding boxes on hold or boxes with folders on hold or
checked out, and excluding boxes selected for exception )
- Dat~ ---Temple. [i~-~, J ~rn~vv~Yr - - Dat~- Markmar~ 3im - City Attorney
Page I
~ ~ 05/18/2005
Notification Number Destruction Notification Report
08:38:34
lS3 City of Rancho Cucamonga (RC)
Records Management Division (TMP)
FINANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE~ TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed~ then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS DIVISION By_llUNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
[~.~i~_~L 1989 4012.8 .~'bLt~t~, ~)e~C~ 07/01/1995 06/30/1996 06/30/2005 06-01-01 ~
Box Contents: Adj, cash disburse journals,Treas report
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
~. ,~ Se~ 2 Treasury report printouts 07/01/[995 06/30/1996
¢~ t(~ 3 Trial balance journal 07/0[/:1996 06/30/[996
hred 2099 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-01-02 4
Box Contents: A/P [997-98 (Arrow P - Blair)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
-- 1 Arrow Parking thru Blair, Ingrid 07/0[/1997 06/30/1998 Accounts Payable
hred 2100 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-01-o2 5
Box Contents: A/P 1997-98 (Blak - "C" Hisc)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
I Blake Paper thru "C" i*lisc 07/01/1997 06/30/1998 Accounts Payable
[~[~hred 2101 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 O7-O1-01 2
Box Contents: A/P 1997-98 (Air T - Arrow N)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 AiKcouch Cellular thru Arrowhead C.U. 07/01/1997 06/30/1998 Accounts Payable
~i~i~-~-~ 2-1-(~- 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-01-03 4
~e ~ ~'~ ....
/ / ] ~ / '/ Layn~r~ - Fin. Officer Date Ma~(man, Jim - city Attorney
Date Temple. Larry ~min Svs. Dir / Date
Page I
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (RC) 08:38:34
Records rVlanagement Division (TMP)
FTNANCE (4151)
0ill to Name: (4151)
Records Coordinator: LAYNE, TAHARA Hail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. Zf you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED L][ST TO THE RECORDS DJ[VI'SION BY3UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
ode Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
bred 2102 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-0:1.-03 4
Box Contents: A/P 1997-98 ("A" I~isc - Air C)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name .
1 "A" Misc thru Air Controlled Environments 07/01/1997 06/30/1998 Accounts Payable
[~hred 07/01/1997 06/30/1998 06/30/2005 07-01-03 3
2103
4010.1
Accounts
Payable
Box Contents: A/P 1997-98 (C&E - Compet)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 C · E Lumber thru Competrot Mfg 07/01/1997 06/30/1998 Accounts Payable
[~Shred 2104 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-02-01 4
Box Contents: A/l~ 1997-98 (Compex - Del)
Alt. Folder # Alt. FoIder Number Description Beginning Date Ending Date Record Title Name
! Compex Legal Services thru Delta Dental 07/01/1997 06/30/1998 Accounts Payable
Shred 2105 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-02-01 5
BOX Contents: A/P 1997-98 (Dem- Exp)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Demco, Inc thru Experian 07/01/1997 06/30/1998 Accounts Payable
.,sc- c4°1°-1 Accounts payab.e 07/01/lg,, 06/30/lgg8 06/30/2006 07-02-01 6
98 ("F" fa)
I / / I ~, {X~ .:~/¥//~ Il ¥/~/06 I /k/~~ Il ~ ~/~-I ~ {
Date Temple. La~r~- A~)Svs. Oi~{ ~/ - Date Layne, Ta~ar~i~dfficer Date Harkman, 3im - City Attorney
Page 2
Notification Number Destruction Notification Report 05/18/2005
t83 City of Rancho Cucamonga (RC) 08..38:34
Records Management Division (TMP)
FZNANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAHARA Hail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed~ then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE S]'GNED LIST TO THE RECORDS DIVIS]~ON BYlUNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
ode Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
hred 2106 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-02-01 6
Box Contents: A/P 1997-98 ("F" Misc- Gra)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i "F" Misc thru Grayarc 07/01/1997 06/30/1998 Accounts Payable
hred Accounts O7/0t/1997 06/30/1998 06/30/2005 04-01-02 3
2142
4010,1
Payable
Box Contents: A/P 1997/98 (Gre- Hol)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Great Western thru Holt's Auto Electric 07/01/1997 06/30/1998 Accounts Payable
hred 2143 4010,1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 04-02-02 3
Box Contents: A/P 1997/98 (Horn - Ind)
Att. Folder # Art, Folder Number Description Beginning Date Ending Date Record Title Name
i Home Depot thru Industrial Asphalt 07/01/1997 06/30/1998 Accounts Payable
hred 2144 4010.1 Accounts Payable O7/O1/1997 06/30/1998 06/30/2005 O7-O1-O3 2
Box Contents: A/P 1997-98 (Ing- ]us)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i TngersolI-Rand thru .lust Phones 07/01/1997 06/30/1998 Accounts Payable
--2c,t4~ ~ 4010.1 AcCounts Payable 07/01/1997 06/30/1998 06/30/2005 04-02-O1 4
Box Contents; A/P 1997-98 (Kap - Lex)
,, ,,,o,,r,
Date Temple. Larry - Admlh Svs. Dir Date Layne, Tamar~F~'~ ~ff~cer Date Harkman, 3iT - City Attorney
Page 3
Notification Number Destruction Notification Report 05/18/2005
tS3 City of Rancho Cucamonga (AC) 08:38:34
Records Management Division (TMP)
F:[NANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed~ then sign & date the bottom of
EACH page. l'f you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE S~'GNED LIST TO THE RECORDS DIVI'SION BY3UNE 14, 2008.
Destroy Permanent Record Title Record Title Name Dates On Destroy
Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2008 Location Space#
ode
hred 2145 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 04-02-01 4
Box Contents: A/P 1997-98 (Kap - Lex)
A{t. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
t Kapo thru Lexington Tech 07/01/1997 06/30/1998 Accounts Payable
(~Shred 2163 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 03-01-03 5
Box Contents: A/P 1997/98 (Nat - Off)
Alt. Folder # Alt. Folder Number Description Beginning date Ending Date Record Title Name
i National Geographic - Office Depot 07/01/1997 06/30/1998 Accounts Payable
Shred 2164 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 03-01-02 3
Box Contents: A/P 1997/98 (MSA * Nap)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i M.$.A. - Napa Auto PaKcs 07/01/1997 06/30/1998 Accounts Payable
Shred 2168 4010.1 Accounts Payable O7/O1/1997 06/30/1998 06/30/2008 O3-01-02 2
Box Contents: A/P 1997-98 (Lib - MCI)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
I Librar~ Admin - MCI 07/01/1997 06/30/1998 Accounts Payable
{~-~hred '~ ~2'zoo 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 03-01-03 3
Box Contents: A/P 1997/98 (Off - Owe)
I / / I II I II ,w e.--,-,,-, I
C~y - d~n'gvs.~'~I/- -- Date Layne, tan~r~ ~f cer
Date Temple. ~.~.~ . ~ date Mar"kman, lira - City Attorney
Page 4
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (AC) 08:38:34
Records Management Division (TMP)
FXNANCE (41S1)
Bill to Name: (4151)
Records Coordinator: LAYNE~ TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005° Place your initials next to EACH box you authorize to be destroyed, then sign & date the.bottom of
EACH page. ~'f you want a box held for an additional 6 months, provide a memo justifying the h_old.
I RETURN THE SLGNED L~[ST TO THE RECORDS DIVI'SION BY3UNE 14, 200S.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/200S Location Space#
Shred 2166 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 03-01-03 ~
Box Contents: A/P 1997/98 (Off ~ Owe)
Alt. Fo~der # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Office Depot - Owen Electric 07/01/1997 06/30/1998 Accounts Payable
, ~. hred 2167 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 04-03-03 4
I ' Box Contents: A/P 1997-98 (P rqisc - Precision)
hred 2168 40t0.1 Accounts Payable 07/01/1997 O6/30/1998 06/30/2005 04-03-03 1
Box Contents: A/P 1997-98 (Preferred - Ralph's)
Shred 07/01/1997 06/30/1998 06/30/2005 04-03-03 5
2169
4010,1
Accounts
Payable
Box Contents: A/P 1997-98 (Ram - Rotary)
1~ hred 2170 4010.1 Accounts Payable 07/01/1997 O6/30/1998 06/30/20OS 04-03-03 3
Box Contents: A/P 1997-98 (Royal - Santana)
hred 2173 4010,1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 06-01-02 4
BOX Contents: A/P 1997/98 (Sau - Ste)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Saul, Sandy thru Sterling Truck 07/01/1997 06/30/1998 Accounts Payable
~ · 9174~ 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-01-02 6
/ / I /2 I I II I
Date Templ~rry~_~~- ' i~/ I~ate Layne, Ta~a~G4~'l~. ~Officer - Date Markman, Jim - City Attorney
Page 5
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (RC) 08:38:34
Records Management Division (TMP)
FTNANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE~ TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SrGNED LI*ST TO THE RECORDS DI'VIS~'ON BY,1UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Humber Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
hred 2].74 4010.1 Accounts Payable 07/01/].997 06/30/1998 06/30/2005 07-01-02 6
Box Contents: A/P 1997/98 (Sro - USR)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i Stone, Ida thru U.S. Rentals 07/01/1997 06/30/1998 Accounts Payable
Shred 2175 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 06-01-02 2
Box Contents: A/P 1997/98 (Umps - VPD)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i Umps Are US thru VPD/pVT 07/01/1997 06/30/1998 Accounts Payable
Shred 2176 4010.1 Accounts Payable 07/01/1997 06/30/lgg8 06/30/2005 06-01-02 3
Box Contents: A/P 1997/98 (W Misc - Z)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 W Misc. thru Zour, Brett 07/01/1997 06/30/1998 Accounts Payable
Shred 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 06-02-01 3
2177
Box Contents: A/P 1997/98 (So Cai Edison)
Shred 2178 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 06-02-01 4
Box Contents: A/P 1997/98 (So Cai Edison)
-I-~:.~.~ed -- ~ 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 06-02-02 1
Box Contents: A/P~gT/98 (C.C,W.D.)
Date Tempie.~ Larr,~A~dmin Svs. qar ! Date Layne, Tamara -'~n. Officer Date Markman~ 3im - City Attorney
Page 6
J
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (RC) 08:38:35
Records Management Division (TMP)
FINANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. Tf you want a box held for an additional 6 months, provide a memo justifying the ho~d.
RETURN THE SIGNED LTST TO THE RECORDS DJ[VIS/ON BY,1UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
hred 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 06-02-02 1
2179
· I '%) BOX Contents: A/P 1997/98 (C.C.W.D.)
hred 2:[80 4010.1 Accounts Payable O7/O1/:[997 06/30/1998 06/30/2005 05-02-03 6
Box Contents: A/P 1997/98 (GTE - Concert receipts)
]~hred 2181 40:10.! Accounts Payable 07/o1/1997 06/30/1998 06/30/2005 05-02-03 5
Box Contents: A/P 1997/98 (GTE)
Shred 2340 4010,1 Accounts Payable 01/01/1998 06/30/1998 06/30/2005 07-08-01 2
5ox Contents: Demand Warrant Register (1/98 - 6/98)
Shred 2341 4010.1 Accounts Payable 01/01/1998 06/30/1998 06/30/2005 07-06-01 1
Box Contents: Demand Warrant Register (1/98 - 6/98)
Shred 2342 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-08-01 7
r ~ox Contents: ~TD Payable Ledger Posting (FY 97/98)
/l~Shred 2343 4010.1 Accounts Payable 07/01/1997 06/30/1998 06/30/2005 07-08-01 2
Box Contents: Payment by Vendor (FY 97/98)
CRecycle Bond Statement Files 07/01/1994 06/30/1995 YES 06/30/2005 03-03-01 4
2044
4050.3
BOX RECORD TITLE #4050.3 ON HOLD / FOLDER #1 RECORD TITLE #4050.3 ON HOLD /
Box Contents: Bond Bank Trust Stmts (7/1994 - 6/1995)
Date emple:,~La~l:ry 7A~in S~ss. ~ir' / Date Layne, Tama~a~-) I~. bfficer Date Mar~man, Jim- City Attorney
Page 7
Notification Number , /. ~'^x~(~' Destruction Notification Report 05/18/2005
183 ~'~.~ ~i n 0~, ,,{x c~~ City of Rancho Cucamonga (RC) 08:38:35
Records Management Division (TMP)
¢ ' '~(? FINANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS DYVIS~'ON BY3UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
[--]Recycle 2044 4050.3 Bond Statement Files 07/01/1994 06/30/1995 YES 06/30/2005 03-03-01 4
BOX RECORD TZTLE #4050.3 ON HOLD / FOLDER #1 RECORD TZTLE #4050.3 ON HOLD /
Box Contents: Bond Bank Trust Stmts (7/1994 ~ 6/1995)
Alt. Folder # Alt. Folder Number Description (~ '~ ~,~L- Ending Date Record Title Name
i *** Retain for life of bonds *** "~'0~ ,^ .,.~p~ F~-- 06~1~94 Bond Statement Files
3 /~ City- Escrow for Trust #79954 "- ~ ~ ' -.-~ I ~ 06/30/1995 Bond Statement Files
4 ~[~-C ~ RDA (No further description) ~}~J~ i [~J~J~ ~ ~, jt '~ ~ 96/30/1995 Bond Statement Files
S ~.(~ JC CED 84-1 Special tax bonds Series A '~ ~4_ ~,~'~'P~ ''~ ~ ~ ~ 16/30/1995 Bond Statement Files
6 ~(' RDA Project 1986 & 1987 Series A (~ , t I ~1~ 6/30/1995 Bond Statement Files
7 ~ Es~r0w for 1984 Series A Trust #79504 ~' ~0.~"*~'~ ' 06/30/1995~
8 ~ City - 1988 Certificate of Participation
Bond
Statement
Files
9 ~Calif Cities Finc'l Corp 1988 Series B ~07/01/1994 06/30/1995 Bond Statement Files
10 ~.-~t~ Northeast Comm Park Project C.O.P.'s 07/01/1994 06/30/1995 Bond Statement Files
11 )~ RDA 1990 tax allocation bond 07/01/1994 06/30/1995 Bond Statement Files
12 )~ RDA Escrow for Series 1986 Trust #79774 07/01/1994 06/30/1995 Bond Statement Files
13 ~ RDA Escrow for 1987 Series Trust #79774 07/01/1994 06/30/1995 Bond Statement Files
14 y~RDA Escrow for Trust #79873 07/01/1994 06/30/1995 Bond Statement Files
15 J~J/City - Hortgage Re.v Bonds 1984 Series A 07/01/1994 06/30/1995 Bond Statement Files
16 ~,~RDA - Mortgage Rev Bonds 1984 Series A 07/01/1994 06/30/1995 Bond Statement Files
17 ~_.Pv~ R.C./Palmdale/Porterville/Colton MorRevBonds 1984 Series A 07/01/1994 06/30/1995 Bond Statement Files
18 ~[d' West End Communications Rev Bonds A & B 07/01/1994 06/30/1995 Bond Statement Files
~:l~.e.d~.~ '~6.~C - 4030,6 Cancelled Checks (Non-RDA or Fire) 12/09/1999 05/11/2000 05/11/2005 02-02-03 4
BOX Conten[~. ~aylun ~-anceled Checks (1 /99 5/2000)
// I - II II ¢ I
Date Templ~ry;~~tz Date 'Layne, Ta~ar6a~i~. ;"fficer Date M~rkman, ,ira-City Attorney
Page 8
Notification Number Destruction Notification Report 06/18/2006
183 City of Rancho Cucamonga (RC) 08:38:35
Records Management Division (TMP)
FtNANCE (4151)
8illto Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed~ then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS DrvIs~'ON BY3UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
hred 2686 4030°6 Cancelled Checks (Non-RDA or Fire) 12/09/1999 05/11/2000 05/11/2005 02-02-03 4
Box Contents: Payroll Canceled Checks (12/99 - 5/2000)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
! Check numbers 139400 thru 142299 :L2/09/1999 05/11/2000 Cancelled Checks (Non-RDA or Fire)
hred 2687 4030.6 Cancelled Checks (Non-RDA or Fire) 03/08/2000 05/24/2000 05/24/2005 02-02-03 7
Box Contents: A/P Canceled Checks (3/2000 - 5/2000)
Alt. Folder # Alt, Folder Number Description Beginning Date Ending Date Record Title Name
1 Check numbers 149600 thru 152099 03/08/2000 05/24/2000 Cancelled Checks (Non-RDA or Fire)
hred 2688 4030.6 Cancelled Checks (Non-RDA Fire) 12/29/1999 03/08/2000 02-02-03 8
or
03/08/200S
Box Contents: A/P Canceled Checks (12/99 - 3/2000)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
I Check numbers :[47200 thru 149599 12/29/1999 03/08/2000 Cancelled Checks {Non-RDA or Fire)
~hred Daily Receipts / Revenue Files 02/28/1996 04/10/1996 04/10/2005 04-01-02 1
1710
4020.3
Cash
Alt. Folder # Alt, Folder Number Description Beginning Date Ending Date Record Title Name
I DALLY CASH RECETpTS 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
2 02-28-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
3 02-29-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
4 03-04-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
5 03-05-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
6 03-06-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
// I II I II I
Date Temple. Larry -/~m. jn Svs. D~r Date Layne, Tamara~cJFih:. Officer Date M~rkman, 3im - City Attorney
Page 9
Number Destruction Notification Report 05/18/2005
City of Rancho Cucamonga (RC) 08:38:35
Records Management Division (TMP)
FINANCE (4151)
(4151)
Coordinator: LAYNE, TAHARA Mail Code: Phone: (90g)477-2700 ext: 2430
following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
If you want a box held for an additional 6 months, provide a memo justifying the hold.
SIGNED LIST TO THE RECORDS DIVISION BY3UNE 14, 2005.
Permanent Record Title Record Title Name Dates On Destroy
Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
1710 P~'~t~Q--4020.3 Daily Cash Receipts / Revenue Files 02/28/1996 04/10/1996 04/10/2005 04-01-02 1
Folder # Alt. Fo~der Number Description Beginning Date Ending Date Record Title Name
7 03-07-96 02/28/1996 04/]0/1996 Daily Cash Receipts / Revenue Files
8 03-]1-96 02/28/1996 04/10/]996 Daily Cash Receipts / Revenue Files
9 03-12-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
10 03-14-96 O2/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
]1 03-15-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
12 03-]9-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
13 03-20-96 02/28/]996 04/10/1996 Daily Cash Receipts / Revenue Files
14 03-21-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
15 03-22-96 02/28/1996 04/10/]996 Daily Cash Receipts / Revenue Files
16 03-25-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
17 03-26-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
18 03-27-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
19 03-28-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
20 04-01-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
21 04-02-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Fries
22 04-03-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
23 04-04-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
24 04-08-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
25 04-09-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
26 04-10-96 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
27 RECEIPT #01-36486 THRU #01-38070 02/28/1996 04/10/1996 Daily Cash Receipts / Revenue Files
L 4020.3 Daily Cash Receipts / Revenue Files 05/16/1996 06/11/1996 06/11/2005 04-01-01 2
· Date Markman, .lim - City Attorney
Page 10
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (RC) 08:38:35
Records Management Division (TMP)
FZNANCE (4tSt)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Hail Code: Phone: (909)477-2700 ext: 2430
rThe destruction Place initials next to EACH box authorize to be then sign & date the bottom of
following
records
are
due
for
on
06/30/2005.
your
you
destroyed,
EACH page. Zf you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED LZST TO THE RECORDS DIVTSION BY]UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
ode Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
hred 1711 4020.3 Daily Cash Receipts / Revenue Files 05/16/1996 06/11/1996 06/11/2005 04-01-01 2
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i DAILY CASH RECEIPTS 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
2 05-16-96 05/16/1996 06/11/1996 Dally Cash Receipts / Revenue Files
3 05-20-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
4 05-21-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
5 05-22-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
6 05-23-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
7 05-28-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
8 05-29-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
9 05-30-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
10 06-03-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
11 06-04-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
12 06-05-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
13 06-06-96 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
14 06-10-96 05/16/1996 06/11/1996 Daily Cash Receipts/ Revenue Files
15 06-11-96 05/16/1996 06/11/1996 Daily Cash Receipts/ Revenue Files
16 RECEIPT #01-39276 THRU #01-40197 05/16/1996 06/11/1996 Daily Cash Receipts / Revenue Files
hred 1713 4020.3 Daily Cash Receipts / Revenue Files 12/04/1995 01/16/1996 01/16/2005 04-01-01 4
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Titte Name
1 DAILY CASH RECEIPTS 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
2 12-04-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
3 12-05-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
Date Temple, La.cry~"~- ~_., S~s. I~~r.~.., ' Da{e Layne, Tal~'al~l~'6fficer Date Madman, 3im - City Attorney
Page 11
Notification Number Destruction Notification Report 05/18/2005
163 City of Rancho Cucamonga (RC) 08:38:35
Records Management Division (TMP)
FINANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS D~'VISION BYJUNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
~--~,E.~.~c--~ 1713 ~6L-4020.3 Daily Cash Receipts / Revenue Files 12/04/1995 01/16/1996 01/16/2005 04-01-01 4
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
4 12-06-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
5 12-07-95 12/04/199S 01/16/1996 Daily Cash Receipts / Revenue Files
6 12-11-95 12/04/199S 01/16/1996 Daily Cash Receipts / Revenue Files
7 12-]2-95 12/04/1999 01/16/1996 Daily Cash Receipts / Revenue Files r
8 12-13-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
9 12-14-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
10 12-18-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
11 12-19-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
12 12-20-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
13 12-21-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
14 12-26-95 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
15 12-27-9S 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
16 12-28-95 12/04/1995 01/16/1996 Daily Cash Receipts/ Revenue Files
17 01-02-96 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
18 01-03-96 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
19 01-04-96 12/04/1995 01/16/1996 Daily Cash Receipts/ Revenue Files
20 01-08-96 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
21 01-09-96 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
22 01-10-96 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
23 01-11-96 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
24 01-16-96 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
25 RECEIPT #01-33723 THRU #1-35100 12/04/1995 01/16/1996 Daily Cash Receipts / Revenue Files
tY~4 4020.3 Daily Cash Receipts / Revenue Files 01/17/1996 02/27/1996 02/27/2005 04-01-01 3
Date Temple. Larr~/'~- Ad~.~s. D~ -- ' Dante - Layne, Tar~'~O'~ -~dil~. Officer Dat~ Ma~kman, .lim- City Attorney
Page 12
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (RC) o8:38:35
Records Management Division (TMP)
FINANCE (41S1)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/:30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. [f you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS DIVTS1~ON BY3UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
hred 1714 4020.3 Dally Cash Receipts / Revenue Files 01/17/1996 02/27/1996 02/27/200S 04-01-01 3
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 DAILY CASH RECEIPTS 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
2 01-17-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
3 01-18-96 01/17/1996 02/27/1996 Dai~y Cash Receipts / Revenue Files
4 01-22-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
5 01-23-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Fi~es
6 01-24-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
7 01-25-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Fi~es
8 01-29-96 01/17/1996 02/27/1996 Daily Cash Receipts / Reyenue Files
9 01-30-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
10 01-31-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
11 02-01-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
12 02-05-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
13 02-06-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
14 02-07-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
15 02-08-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
16 02-12-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
17 02-13-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
18 02-14-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
19 02-15-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
20 02-20-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
21 02-21-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
22 02-22-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
~ ;-'~ ' :'- ~ m~:~; [ officer - ~
.... Markman~ 3ira - City Attorney
Date Temple. Larry - ~mm Svs. Dir Date Layne, Date
Page ~3
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (RC) 08:38:35
Records Management Division (TMP)
F~ZNANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. :El you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE STGNED LI'ST TO THE RECORDS D~[VI'SI'ON BY3UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
[~]S,%;c~~-- 1714 ~¥~C~4020.3 Daily Cash Receipts / Revenue Files 01/17/1996 02/27/1996 02/27/2005 04-01-01 3
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
23 02-23-96 01/17/~,996 02/27/1996 Daity Cash Receipts / Revenue Files
24 02-27-96 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
25 RECEIPT # 01-35101 THRU #01-36485 01/17/1996 02/27/1996 Daily Cash Receipts / Revenue Files
hred 4020.3 Cash Receipts / Revenue Files 04/11/1996 05/15/1996 05/15/2005 04-01-03 3
1715
Daily
Alt. Folder # Alt. Folder Number Description I~eginning Date Ending Date Record Title Name
1 DAILY CASH RECEIPTS 04/11/1996 05/15/1996 Dai~y Cash Receipts / Revenue Files
2 04-11-96 04/11/1996 0S/15/1996 Daily Cash Receipts / Revenue Files
3 04-]§-96 04/1]/1996 05/15/1996 Daily Cash Receipts / Revenue Files
4 04-16-96 04/1:l/1996 0S/15/1996 Daily Cash Receipts / Revenue Flies
5 04-17-96 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Files
6 04-18-96 04/1]/1996 05/1S/1996 Daily Cash Receipts / Revenue Files
7 04-22-96 04/11/1996 05/1S/1996 Dai~y Cash Receipts / Revenue Files
8 04-23-96 04/11/1996 0S/1S/1996 Daily Cash Receipts / Revenue Files
9 04-24-96 04/11/:1996 05/:l§/]996 Da~ly Cash Receipts / Revenue Files
10 04-2S-96 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Files
ll 04-29-96 04/I]/1996 05/15/1996 Dai~y Cash Receipts / Revenue Files
12 04-30-96 04/I1/1996 05/15/1996 Daily Cash Receipts / Revenue Files
]3 05-01-96 04/i]/I996 05/15/1996 Daily Cash Receipts/Revenue Files
14 05-02-96 04/11/1996 05/]5/1996 Daily Cash Receipts / Revenue Files
15 05-06-96 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Files
16 05-07-96 04/11/1996 05/15/1996 Dai~y Cash Receipts / Revenue Files
Date lemple~._L~rry ~.~T~i Date Layne, Tama~u[ F'~. Officer Date Markman, 3~m - City Attorney
Page 14
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (RC) 08:38:35
Records Management Division (TMP)
FINANCE (4151)
BilltoName: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign 8, date the bottom of
EACH page. lrf you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE S~'GNED LTST TO THE RECORDS DXV~'S~rON BY3UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
~ 1715 C~'~4020.3 Daily Cash Receipts / Revenue Files 04/11/1996 05/15/1996 05/15/2005 04-01-03 3
Ail. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
17 05-08-96 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Files
18 05-09-96 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Files
19 05-13-96 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Files
20 05-14-96 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Files
21 05-15-96 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Files
22 RECEIPT # 014-38071 THRU #01-39275 04/11/1996 05/15/1996 Daily Cash Receipts / Revenue Fi~es
hred 2146 4020,3 Daily Cash Receipts / Revenue Files 07/01/1995 06/30/1996 06/30/2005 07-06-03 1
Box Contents: Cash Rec Journals from Quadrant 95/96
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i Daily cash receipts journal 7/95 - 9/95 07/01/1995 06/30/1996 Daily Cash Receipts / Revenue Files
2 Daily cash receipts journal 10/95 - 12/95 07/01/1995 06/30/1996 Daily Cash Receipts / Revenue Files
3 Daily cash receipts journal 1/96 - 3/96 07/01/1995 06/30/1996 Daily Cash Receipts / Revenue Files
4 Daily cash receipts journal 4/96 - 6/96 07/01/1995 06/30/1996 Daily Cash Receipts / Revenue Files
can/Recyc 1977 4012.8 General Ledger & Postings 07/01/1994 06/30/1996 06/30/2005 04-02-01 1
Box Contents: 3oumals, GL, Ledgers 1995-96
Alt. Folder # Alt. Polder Number Description Beginning Date Endin9 Date Record Title Name
3 Revenue & 07/01/1995 06/30/1996 General Ledger & Postings
[-~l;b,r.e~ I°_98 4012.8 3ournalVoucher 07/01/1995 06/30/1996 06/30/2005 02-02-02 1
1___1-
Date Te mj~[e~.., r.~_?Larr ~ Dir Da~e Layne, Ta~ -~r~. Officer Date Ma'rkman, Xim - City AttorneYPage 15
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (AC) 08:38:3g
Records Management Division (TMP)
FINANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/200S. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. [f you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SI'GNED LIST TO THE RECORDS DIVISION BY.1UNE 14, 200S.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
hred 1898 4012.8 3ournalVoucher 07/01/1995 06/30/1996 06/30/200S 02-02-02 1
Alt. Folder # Alt. Folder Number Oescription Beginning Date Ending Date Record Title Name
1 ADJUSTING ENTRIES JULY, 1995 - JUNE, 1996 07/01/1995 06/30/1996 3ourna[ Voucher
~hred 1977 4012.8 ]ournalVoucher 07/01/1994 06/30/1996 06/30/2005 04-02-01 1
Box Contents: Journals, GL, Ledgers i995-96
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
! Estimated Revenue 07/01/1995 06/30/:[996 Journal Voucher
2 Appropriations Journal 07/01/1995 06/30/1996 3oumal Voucher
4 Payroll 3ournal / GL 07/01/1994 06/30/1995 Journal Voucher
5 Estimated Revenue 07/01/1994 06/30/1995 3ournal Voucher
6 Revenue &Expen 07/01/1994 06/30/1995 Journal Voucher
7 Trial Balance Journal 07/01/1994 06/30/1995 Journal Voucher
hred 1989 4012.8 3ournalVoucher 07/01/1995 06/30/1996 06/30/2005 06-01-01 5
Box Contents: Ad j, cash disburse Journals,Treas repo~c
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
~ 5 ~ 1 Adjusting journals 07/01/1995 06/30/1996 3ournal Voucher
I~o~ '~ 4 Cash receivables journal 07/0:[/1995 06/30/1996 3ournal Voucher
S Cash disbursements journal 07/01/1995 06/30/1996 3ournal Voucher
~--]5hre~$O 4012.8 Journal Voucher 07/01/1995 06/30/1996 06/30/2005 07-06-02
- ~e .~¢e?~ ~.- 10
Box Contents: Payroll Journal (FY 1995/96)
I / / L II / II I
Date emple.' ry - ' Da& Layne, T~m'~'f%~)~r.~l~ J Officer Date Ma~kman, 3ira - City Attorney
~' ~'~ Page 16
Notification Number Destruction Notification Report 05/18/2005
183 City of Rancho Cucamonga (RC) o8:38:35
Records Management Division (TMP)
FINANCE (4151)
Bill to Name: (4151)
Records Coordinator: LAYNE, TAMARA Mail Code: Phone: (909)477-2700 ext: 2430
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. 1¥ you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SZGNED LIST TO THE RECORDS DTVISZON BY3UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
ode Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
hred 2450 4012.8 .lournal Voucher 07/01/1995 06/30/1996 06/30/2005 07-06-02 10
Box Contents: Payroll 3ournal (FY 1995/96)
hred 2451 4012.8 ' 3ournal Voucher 07/01/1995 06/30/1996 06/30/2005 07-06-02 13
Box Contents: Encumbrance Journal (FY 1995/96)
hred 2709 4040.5 Payroll Deductions & Authorization 01/01/2000 06/30/2000 06/30/2005 15-02-01 4
Box Contents: Payroll Deduction Regis (1/00 - 6/2000)
-~Shred 2626 4040.9 TimeCards 12/19/1999 02/13/2000 02/13/2005 05-03-01 2
Box Contents: Time Cards (12/19/99 - 2/13/2000)
'~hred 2677 4040.9 Time Cards 02/27/2000 04/23/2000 04/23/2005 07-02-01 2
BOX Contents: Timecards
Eligible Boxes on Hold = 1
EIgibile Boxes Checked Out -- 0
Elgibile Boxes Excepted = 0
Boxes to be Destroyed for this Department = 50
( Excluding boxes on hold or boxes with folders on hold or
checked out~ and excluding boxes selected for exception )
....... ,,.t/,/~, II ~ ?~'/.~-I e~-.-''"'~ I
I / I I ,.~"~ '~ /1 II ' ,~' ''~,~ ~
Date Templ&.~rfy~ir Date Layne, Tam~ -~in. Officer Date ~rkman, Jim - City Attorney
Page 17
Notification Number Destruction Notification Report 05/18/2005
184 City of Rancho Cucamonga (RC) 08:39:25
Records Management Division (TMP)
PLANNING DIVISION (4333)
Bill to Name: (4333)
Records Coordinator: SANCHEZ, GAZL Mail Code: Phone: (909)477-2700 ext: 4327
The following records are due for destruction on 06/30/200S. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE S]rGNED LIST TO THE RECORDS DI'VI'SI'ON BY3UNE 14, 200S.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
¢Ct~/{24.~ 3113 10020.8 ~,~&~ ~ 1)oat~* C'~g'~ ) 01/01/2OO1 06/30/2001 06/30/2003 07-03-03 5
Box Contents: DRC's 01/2001 thru 06/2001
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i~l~ 5e~ 17 DRC2001-00270 8978 Haven (Relocate Loading Dock Door & Truck 0i/01/2001 06/30/2001
~-& '1~ ~ Well)
18 DRC2001-00271 7828 N, Haven (20' X 26' Storage Facility ~ SWC of 0i/01/2001 06/30/200i
lot
19 ********************* TO BE 01/01/2001 06/30/2001
can/Recyc 3112 7010.4 City Planner Hearing Agendas 01/01/1997 06/27/2000 06/27/2005 12-02-03 2
/
BOX Contents: City Planner Agendas (1/1997 - 6/2000) '~.
Alt. FoJder # Alt. Folder Number Description ~ Beginning Date Ending Date Record Title Name
1 Includes minutes & subject backup ~ ~k 01/01/1997 06/27/2000 City Planner Hearing Agendas
2 *** Scanned Nar, 2005 *** 01/01/1997 06/27/2000 City Planner Hearing Agendas
hred 3104 2030.4 Community Devpt Block Grants 01/01/1995 12/31/1996 12/31/2001 14-01-02 1
Box Contents: CDBG (1995~ 1996)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Homeless Outreach; 91h St Oesign/Const; YWCA; House of Ruth; 01/01/1995 i2/31/1996 Community Devpt Block Grants
2 O~dtimers Found; Boys & Girls Club; Foothill Family Shelter; 01/01/1995 i2/31/1996 Community Devpt Block Grants
3 Wheelchair ramps; East L~on ADA conversion; Sidewalk grinding; 01/01/1995 12/31/1996 Community Devpt Block Grants
I
Oat[. "B~el~ ~5~'a~ City Planner Date Mark~nan, .lim- City Attorney
Page I
Notification Number Destruction Notification Report o5/z8/2oo5
184 City of Rancho Cucamonga (RC) 08:3g:25
Records Management Division (TMP)
PLANNXNG DTVTS:[ON (4333)
Bill to Name: (4333)
Records Coordinator: SANCHEZ, GAIL Mail Code: Phone: (909)477-2700 ext: 4327
The following records are due for destruction on 06/30/200S. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE S]'GNED L1'ST TO THE RECORDS DIVJSION BY.lUNE 14, 200S.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number.~Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
~ 3104 C¢~-~'~,-/~030.4 community Devpt Block Grants 01/01/1995 12/31/1996 12/31/2001 14-01-02 1
Box Contents: CDBG (1995, 1996)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
4 West End Hunger Program (BOVA); Landlord/tenant mediation 01/01/199S 12/31/1996 Community Devpt Block Grants
Shred Community Devpt 01/01/1994 12/31/1995 12/31/2000 14~01-02 2
3105
2030.4
Block
Grants
Box Contents: CDBG (1994, 1995)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record q'itle Name
1 Administration; Calavares btn Arrow & 9th; 01/01/1994 12/31/]995 Community Devpt Block Grants
2 9th Bt, Grove to Edwin; YWCA 01/01/1994 12/31/1995 Community Devpt Block Grants
Shred 3106 2030.4 Community Devpt Block Grants 01/01/1995 12/31/1996
12/31/2001
14-01-02
3
Box Contents: CDBG (1995, 1996)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Environmental; Home improvement; Budget; Contingency; 01/01/1995 12/31/1996 Community Devpt Block Grants
2 Administration; Tavia Via design/const; Graffiti removal; 01/01/1995 12/31/1996 Community Devpt Block Grants
3 Neighborhood center rehab; West Lion's ADA Improvements; 01/01/1995 12/31/1996 Community Devpt Biock Grants
4 Fair housing; Calaveras, Arrow to 9th 01/01/1995 12/31/1996 Community Devpt Block Grants
lhred 3~07 2030.4 Community Devpt Block Grants 01/01/1996 12/31/1997 12/31/2002 14-01-02
4
Box Contents: CDBG (1996, 1997)
A~t. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Environmental; Budget; Lions Center East; (8185) Administration; 01/01/1996 12/31/1997 Community Devpt Block Grants
Date B~ile~<~f~- City Planner Date Mark~nan, 3in - City Attorney
Page 2
Notification Number Destruction Notification Report 08/18/2005
184 City of Rancho Cucamonga (RC) 08:39:25
Records Management Division (TMP)
PLANN~'NG DlrvIsION (4333)
Bill to Name: (4333)
Records Coordinator: SANCHEZ, GAIL Hail Code: Phone: (909)477-2700 ext: 4327
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED Li'ST TO THE RECORDS DIVZSION By1UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
[~'l~'~f~ 3107C~S~\~)2030.4 Community Devpt Block Grants 01/01/1996 12/31/1997 12/31/2002 14-01-02 4
Box Contents: CDBG (1996, 1997)
Alt. FoJder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
2 (8187) Fair housing; (8189) Home improvement; (9045) Graffiti; 01/01/1996 12/31/1997 Community Devpt Block Grants
3 (9105) R.C. Senior Center~ (9106) Wheelchair ramps; 01/01/1996 12/31/1997 Community Devpt Block Grants
4 (9107) Sidewalk repair/replace; (9114) Landlord/tenant 01/01/1996 12/31/1997 Community Devpt Block Grants
hred 3~08 2030.4 Community Devpt Block Grants 01/01/1994 12/31/1995 12/31/2000 14-01-02 5
Box Contents: CDBG (1994, 1995)
Alt. Folder # Alt. Folder NumPer Description Beginning Date Ending Date Record Title Name
i Wheelchair ramps; Lions Park Corem Ctr; West End hunger program; 01/01/1994 12/31/1995 Community Devpt Block Grants
2 Sidewalk repair/replace; Fair housing; Landlord mediation; 01/01/1994 12/31/1995 Community Devpt Block Grants
3 House oi= Ruth; Oldtimers Found; Home improve; Graffiti removal; 01/01/1994 12/31/1995 Community Devpt Block Grants
4 Salina Vinmar; Homeless outreach 01/01/1994 12/31/1995 Community Devpt Block Grants
hred Devpt 01/01/1997 12/31/1998 12/31/2003 14-01-02 6
3109
2030.4
Community
Block
Grants
Box Contents: CDBG (1997, 1998)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
I Budget; Environmental; (8185) Administration; (8187) Fair housing; 01/01/1997 12/31/1998 Community Devpt Block Grants
2 (8189) Home improve; (9045) Graffiti removal; (9106) Wheelchair 01/01/1997 12/31/1998 Community Devpt Block Grants
3 ramps; (9107) Sidewalk grinding; (9114) Landlord/tenant; 01/01/1997 12/31/1998 Community Devpt Block Grants
4 (9213) Hope; (9214) House of Ruth; (9215) Oldtimers Found 01/01/1997 12/31/1998 Community Devpt Block Grants
)Shred Community Devpt 01/01/1996 12/31/1997 12/31/2002 14-01-01 1
3110
2030.4
Block
Grants
~' Box Contents: CDBG (1996, 1997)
II
Date Bul/et:,--'B¥~l - City Planner Date Markl~an, lim - City Attorney
Page 3
Notification Number Destruction Notification Report 05/18/2005
184 City of Rancho Cucamonga (RC) o8:39:25
Records Management Division (TMP)
PLANNING DIVISION (4333)
Bill to Name: (4333)
Records Coordinator: SANCHEZ~ GAZL Mail Code: Phone: (909)477-2700 ext: 4327
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. Jif you want a box held for an additional 6 months~ provide a memo justifying the hold.
RETURN THE STGNED L1[ST TO THE RECORDS DIVIS:[ON By1UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
~ 3110 ~(~L'~030.4 Community Devpt Block Grants 01/01/1996 12/31/1997 12/31/2002
14-01-01
Box Contents: CDBG (1996, 1997)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
I (9213) Homeless outreach; (9214) House of Ruth; (9215) OIdtimers 01/01/1996 12/31/1997 Community Devpt Block Grants
2 Found; (9315) Lions West ADA conversion; (9317) West End Hunger 01/01/1996 L2/31/1997 Community Devpt Block Grants
3 program -SOVA: (9413-94) YWCA; (9500) Tapia Via design/const; 01/01/1996 L2/31/L997 Community Devpt Block Grants
4 (9502) Foothill Family Shelter; (9503) YMCA/Boys & Girls C~ub; 01/01/1996 12/31/1997 Community Devpt Block Grants
5 (9617) Rancheria St. design; (9619) Senior services; (9620) Lions 01/01/1996 12/31/1997 Community Devpt Block Grants
6 parking/landscape ADA conversion; (9621) YHCA Nodchtown 01/01/1996 12/31/1997 Community Devpt Block Grants
Shred 3111 2030.4 Community Devpt Block Grants 01/01/1997 12/31/1998 12/31/2003 14-01-01 2
Box Contents: CDBG (1997, 1998)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 (9315) Lions West constr; (9317) SOVA; (9413) YWCA; 01/01/1997 12/31/1998 Community Devpt Block Grants
2 (9500) Tapia Via cosntr; (9502) Foothill Family Shelter; 01/01/1997 12/31/1998 Community Devpt Block Grants
3 (9503) YNCA - West End Kids Club; (9619) Senior services; 01/01/1997 12/31/1998 Community Devpt Block Grants
4 (9621) YHCA - Northtown/Your Own Club; (9721) RCSC landscape 01/01/1997 12/31/1998 Community Devpt Block Grants
5 design; (9713) RCSC parking design/const; (9714) RCSC expansion/ 01/01/1997 12/31/1998 Community Devpt Block Grants
6 renovation design; (9715) Assistance League parking; 01/01/1997 12/31/1998 Community Devpt Block Grants
7 (9716) Rising Stars of Equestrian Therapy; (9717) OPARC; 01/01/1997 12/31/1998 Community Devpt Block Grants
8 (9721) Monte Vista Street 01/01/1997 12/31/1998 Community Devpt Block Grants
~-,c~..-:;:::~_;-~_ z--g2 8020.2 Conditional Use Permits (CUP's) 11/01/1997 01/31/2001 01/31/2005 06-03-03 1
Bo× on en,s: (1997 &
Date ~uiiL~-r4~/d - City Planner Date Ma~l~man~ .lim - City Attorney
Page 4
No~ificatio~ Number Destruction Notification Report 05/t8/2005
08:39:25
184 City of Rancho Cucamonga (RC)~ ~
Records Management Division (TMP)
PLANNTNG DTVTSZON (4333)
Bill to Name: (4333)
Records Coordinator: SANCHEZ~ GAIL Mail Code: Phone: (909)477-2700 ext: 4327
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed~ then sign & date the bottom of I
EACH page. [f you want a box held for an additional 6 months~ provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS DIVlrS~'ON BY3UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
tX)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
can/Recyc 2592 8020.2 Conditional Use Permits (CUP's) 11/01/1997 01/31/2001 01/31/2005 06-03-03 1
'~ Box Contents: CUP s (1997 & 1998)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
I CUP 97-42 (Coco's) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
2 CUP 97-43 (Trautwein) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
3 CUP 97-44 (Bassett Mattress)., 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
4 CUP 97-45 (Masi Commerce Center) _'V ~) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
5 CUP 97-47 (GTE) ('~R ,,~ ~\%'-~ 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
6 CUP 98-01 (Mariposa) X.~L~....,~ I 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
7 CUP 98-02 (Hasi Commerce Center) ~' C~(~~ 11/01/1997 01/31/200[ Conditional Use Permits (CUP's)
8 CUP 98-04 (Beer Hunter) ~.~*' 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
9 CUP 98-05 (Kelly McCues) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
10 CUP 98-07 (Universal Tach [nstitute) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
11 CUP 98~09 (Ralph & Gerri Duran) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
12 CUP 98-10 (Chinese Christian Church) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
13 CUP 98-13 (Marriott) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
14 CUP 98-14 (]oe~ Jones Furniture) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
15 CUP 98-15 (Salvation Army) 11/01/1997 01/31/2001 Conditional Use Permits (CUP'S)
16 CUP 98-17 (Charles ]oseph ASSOC) 11/01/1997 01/31/2001 CondiUonal Use Permits (CUP's)
17 CUP 98-18 (9801 Hain St/ NoK~htown) 11/01/1997 01/31/2001 Conditional Use Permits (CUP'S)
18 CUP 98-19 (So Cai Karate) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
19 CUP 98-21 (Alta Loma Christian Fellowship) 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
20 *** Needs to be Scanned *** 11/01/1997 01/31/2001 Conditional Use Permits (CUP's)
C~ 8020.2 Conditional Use Permits (CUP's) 01/01/1992 05/31/2001 05/31/2005 02-03-01 2
arlous)
Date B~le~- City Planner Date MFa~rkman, 3ira - City Attorney
Page 5
No~ificatio~ Number Destruction Notification Report 05/18/2005
184 City of Rancho Cucamonga (RC) 08:39:25
Records Management Division (TMP)
PLANNZNG DZVZSlrON (4333)
Bill to Name: (4333)
Records Coordinator: SANCHEZ, GAZL Mail Code: Phone: (909)477-2700 ext: 4327
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. i'f you want a box held for an additional 0 months, provide a memo justifying the hold.
RETURN THE SIGNED L]rST TO THE RECORDS D~[VISlrON BY3UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
(X) Code Box Number
.~can/Recyc 2608 8020.2 Conditional Use Permits (CUP's) 01/01/1992 05/31/2001 05/31/2005 02-03-01 2
Box Contents: CUP'S (various)
Alt. Fo~der # Alt. Folder Number Description Beginning Date Ending Date Record TiUe Name
1 CUP 79-01 (Rancho Spor~s Center) 01/01/1992 05/31/2001 Conditional Use Permits {CUP'S)
2 CUP 84-13 (Sycamore Plaza) ~/ ~ 01/01/1992 05/31/2001 Conditional Use Permits (CUP's)
3 CUP 89-03 MOD (Chuck F Cheese0 ~. ~-x~ 0 01/01/1992 05/31/2001 Conditional Use Permits (CUP's)
4 CUP 92-21 MOD (Calvary) ~\~ ¢~k' ~ 01/01/1992 05/31/2001 Conditional Use Permits (CUP's)
6 CUP 94-26 (Flasi) 01/01/1992 05/31/2001 Conditional Use Permits (CUP's)
7 CUP 94-27 (Rancho Hea~th Spa) /' ~ 01/01/1992 05/31/2001 Conditional Use Permits (CUP's)
8 CUP 96-03 (Hillside Community Church) ~ 01/01/1992 05/31/2001 Conditional Use Permits {CUP's)
9 CUP 97-01 (Cutting Edge) 01/01/1992 OS/31/200! Conditional Use Permits {CUP's)
10 CUP 97-02 (Cad's .~r.) 01/01/1992 05/31/2001 Conditional Use Permits (CUP'S)
11 *** Needs to be Scanned *** 01/01/1992 05/31/2001 Conditional Use Permits (CUP's)
[]~hred 3115 1020.1 Gen'l Correspondence 01/01/2001 06/30/2001 06/30/2003 07-03-01 S
Box Contents: 2001 General Correspondence thru 6/01
can/Recyc 3062 10020.8 Subdivisions & Developments (DR's) 01/01/1987 01/31/2003 01/31/2005 06-01-03 2
Box Contents: DR's (1987 - 2003)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
I DR 87-16 (MOD) (GTE Etiwanda RSU add'n); 01/01/1987 01/31/2003 Subdivisions & Developments (DR's)
2 DR 98-11 (Compass Creek Restaurant and Bakery); 01/01/1987 01/31/2003 Subdivisions & Developments (DR's)
Date //~uller~~'~ City Planner Date Mi~rkman, J,m - C'ty Attorney
Page 6
No~ificatio~ Number Destruction Notification Report 05/18/2005
184 City of Rancho Cucamonga (RC) 08:39:25
Records Management Division (TMP)
PLANNING DZV][SION (4333)
Bill to Name: (4333)
Records Coordinator: SANCHEZ, GAIL Mail Code: Phone: (909)477-2700 ext: 4327
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months~ provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS DIVISION BYJUNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number~ Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
[~'L"~t7'lL'L~'~ 3062 /~S~L-~0020.8 Subdivisions & Developments (DR's) 01/01/1987 01/31/2003 01/31/2005 06-01-03 z
Box Contents: DR'S (1987 - 2003)
Alt. Folder # Alt. Folder Number Description ~ Beginning Date Ending Date Record Title Name
3 DR 00-23 (Lewis retail centers); ,~ ~ ~(~_ 01/01/1987 01/31/2003 Subdivisions & Developments (DR's)
4 DRC 200~-00231 (NcDonald's) ~ ~(~ "~ 01/01/1987 01/31/2003 Subdivisions & Developments (DR's)
5 DRC 2001-00675 (Copart Inc); ~.~t~ ~.b/ 01/01/1987 01/31/2003 Subdivisions & Developments (DR's)
6 DRC 2001-00719 (15 Freeway LLC) (~ 01/01/1987 01/31/2003 Subdivisions & Developments (DR'S)
7 *** Need to SCAN *** 01/01/1987 01/31/2003 Subdivts;ons & Developments (DR's)
can/Recyc 10020.8 Subdivisions & Developments (DR's) 01/01/2001 06/30/2001 06/30/2003 07-03-03 S
3113
~ Box Contents: DRC's 01/2001 thru 06/2001
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 ORC 2001-00016 SW Design Group S.O. Baryon, W/S Archibald 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
2 DRC 2001-00053 10955 Deer Canyon Drive (Custom Residence) 01/01/2001 06/30/2001 Subdivisions & Developments (OR's)
3 DRC 2001-00059 Silo Addition/Tank Installation (8613 Etiwanda Ave.) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
4 DRC 2001-00105 8333 Vineyard (Park Vineyard HOA) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
5 DRC 2001-00125 10210 Base Line Rd. (Entrance Gate & Turnaround 01/01/2001 06/30/2001 Subdivislons & Developments (DR's)
6 DRC200~-00130 11000 Jersey ~lvd. (Generator Enclosure) 0~/01/200:L 06/30/2001 Subdivisions & Developments (DR's)
7 DRC2001-00132 6753 Carnelian Ave. (Lucky Farms Supermarket) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
8 DRC2001-00182 12200 Arrow Route (American Builders Propane Tank 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
Installation)
9 DRC2001-00193 10930 Foothill Blvd. (Lease Space Next to Steinmart) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
10 DRC2001-00194 12676 Foothill Blvd. (Sacred Heart School) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
11 DRC2001-00197 8311 Haven Ave. (~nstall New Lighting) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
- City Planner Date Mar~,~man~ .lim - City Attorney
Page 7
No~ificatio~ Number Destruction Notification Report 05/18/2005
184 City of Rancho Cucamonga (RC) 08:3g:25
Records Management Division (TIVlp)
PLANNING DIVISZON (4333)
Bill to Name: (4333)
Records Coordinator.' SANCHEZ, GAIL Mail Code,' Phone: (909)477-2700 ext: 4327
The fo lowing records are due for destruction on 06/:30/2005. Place your initials next to EACH box you authorize to be destroye,d, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE STGNED LIST TO THE RECORDS DZVZSZON BY3UNE 14, 200S.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/200S Location Space#
~ 3113 C~ 10020.8 Subdivisions & Developments_ (DR's) 01/01/2001 06/30/2001 06/30/2003 07-03-03 :~
Alt. Folder # Alt. Folder Number Description ~[~f' ~)C~J~..) Beginning Date Ending Date Record Title Name
12 DRC2001-00199 LBCSS System (Frito-Lay) - ' 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
13 DRC2001-00214 Hillside Community Church (Snack Bar) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
14 DRC2001-00226 Northview Townhomes (tot lot demo & mod options) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
15 DRC2001-00243 12200 Arrow Route (American Builders Dust 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
CoUector)
16 DRC2001-00246 Mojabe Chiropractic Rehab Center (T.L Storage 01/01/200! 06/30/2001 Subdivisions & Developments (DR'S)
can/Recyc 3114 10020.8 Subdivisions & Developments (DR's) 01/01/2001 06/30/2001 06/30/2003 07-04-02 3
Box Contents: DRC'S 01/2001 thru 06/2001
gO)fS~O- -~Jt) BeginningOate EnOingDate RecorO Title Name
Alt. Folder # Alt. Folder Number Description (. ~
1 DRC2001-00079 ~ 16193 (Empire Homes-Hillside/Hermosa) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
2 DRC 2001-00108 ~F 15174 (KB Homes-SWC Rochester/Church) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
3 DRC2001-00109 ~f 16189 (American Pacific Homes-SEC Victoria/East) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
4 DRC 2001~00245 'l-f 15540 (Time Extension - Cucamongga Ridge) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
S DRC2001-00262 TT 16239 (NEC Base Line/Hilliken) 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
6 *********************** TO BE 01/01/2001 06/30/2001 Subdivisions & Developments (DR's)
SCANNED**************************************
~ 10020,9 Tracts and Parcels 01/01/1989 12/31/1990 12/3111992 05-02-03 1
qr~ Oj~" k~
~)ate ~l~/-~-I~- City Planner Date Markm~n, Jim - City Attorney
Page 8
~ r ' ' 05/18/2005
Notification Number Destruction Notification Report
184 City of Rancho Cucamonga (RC) 08:39:25
Records Management Division (TMP)
PLANNTNG DIVXSION (4333)
Bill to Name: (4333)
Records Coordinator: SANCHEZ~ GAIL Mail Code: Phone: (909)477-2700 ext: 4327
The following records are due for destruction on 06/30/200S. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months~ provide a memo justifying the hold.
RETURN THE S~'GNED L~'ST TO THE RECORDS D~'V]~SION BY.1UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
Code (Box Contents) Beg. Ending Hold? 06/30/200S Location Space#
ode Box Number
can/Recyc 3032 :1.0020.9 Tracts and Parcels 01/01/1989 12/31/1990 12/31/1992 05-02-03
Box Contents: qT's (1989-1990)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i T/-14207 (Nap) 01/01/1989 12/31/1990 Tracts and Parcels
2 ~-f-14771 (M.]. Brock and Map); TT-14795 (Handay [nt'l); 01/01/1989 12/31/1990 Tracts and Parcels
3 '~F-15247 (Shibata and Nap) 01/01/1989 :12/31/1990 Tracts and Parcels
4 *** Needs to be scanned *** 01/01/1989 12/31/1990 Tracts and Parcels
Eligible Boxes on Hold = O
Elgibile Boxes Checked Out = O
Elgibile Boxes Excepted = O
Boxes to be Destroyed for this Department = 16
( Excluding boxes on hold or boxes with folders on hold or
checked out, and excluding boxes selected for exception )
Oat~ ~l~'l~'~d - City Planner Date Mari~man, 3in- City Attorney
Page 9
Notification Number Destruction Notification Report 06/07/2005
189 City of Rancho Cucamonga (RC) 0g:$o:s5
Records Management Division (THP)
ENGINEERING/ADMIN (4637)
Bill to Name: (4637)
Records Coordinator: Diane Whyte Hail Code: Phone: (909)477-2700 ext: 4013
rThe Place initials next to EACH box authorize to be then sign & date the bottom of
following
records
are
due
for
destruction
on
06/30/200S.
your
you
destroyed,
EACH page. Tf you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SZGNED LIST TO THE RECORDS DIVISION BY3UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
{~:an/Recyc 3076 8020.2 Use (CUP~s) 01/01/1988 12/31/2000 12/31/2004
Conditional
Permits
12-O1-01
2
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 CUP's: 89-10, 91-24, 93-13, 93-49, 95-16, 95-39, 96-09, 96-29, . 01/01/1988 12/31/2000 Conditional Use Permits (CUP's)
2 96-32, 98-25, 97-09, 99-04, 99-08, 99-10, 99-17, 99-24, 99-25, 01/01/1988 12/31/2000 Conditional Use Permits (CUP's)
3 99-26, 99-35, 99-49, 99-52, 99-61, 00-15, 00-29, 00-31 01/01/1988 12/31/2000 Conditional Use Permits (CUP's)
4 *** Needs to be Scanned *** 01/01/1988 12/31/2000 Conditional Use Permits (CUP's)
,Scan/Recyc 3073 10020.8 Subdivisions & Developments (DR'i) 01/01/1988 12/31/2000 12/31/2002 12-01-01
Box Contents: MDR's & DR'S (1988 - 2000) (~j~A'~
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 MDR's: 97-21, 98-32, 99-15, 99-27, 99-30, 00-13 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
2 DR's: 88-32, 94-16, 96-34, 97-02, 97-07, 97-12, 97-17, 97-33, 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
3 98-05, 98-10, 98-12, 98-30, 98-31, 98-32, 99-10, 99-40, 99-52, 01/01/1988 12/31/2000 Subdivisions&Developments(DR's)
4 99-70, 99-72, 99-77 ,,)~2 01/01/1988 12/31/2000 Subdivisions E Developments (DR's)
5 *** Needs to be Scanned *** ~%3 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
~can/Recyc 3074 10020.8 Subdivisions & Developments (DR's) 01/01/1988 12/31/2000 12/31/2002 12-01-01 3
F/ BOX Contents: HDR's & DR's (1994-2001)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
I MDR's: 94-15, 94-22, 95-20, 96-06, 96-14, 96-19, 97-11, 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
2 97-19, 98-28, 99-32, 99-34, 99-50 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
3 DR's: 93-15, 96-18, 96-21, 96-22, 98-29, 99-04, 99-21, 99-28, 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
Date Jo/O'Neil~ City Engineer Date 3ira ~rkman, City Attorney
Page I
Notification Number Destruction Notification Report 06/07/2005
18g City of Rancho Cucamonga (RC) 09:50:55
Records Management Division (TMP)
ENG'rNEER'rNG/ADM'rN (4637)
Bill to Name: (4637)
Records Coordinator: Diane Whyte Mail Code: Phone: (909)477-2700 ext: 4013
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS Dt'VXSION BY]UNE 14~ 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code (Box Contents} Beg. Ending Hold? 06/30/2005 Location Space#
~Scan/Recyc 3074 10020.8 Subdivisions & Developments (DR's) 01/01/1988 12/31/2000 12/31/2002 12-01-01 3
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
4 99-33, 99-53, 99-59, 99-64, 99-69, 99-75, 00-01, 00-07, 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
5 00-08, 00-10, 00-13, 00-14, 00-:[5, 00-20, 00-24, 00-25, 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
6 00-26, 00-27, 00-42, 00-44, 00-45, 00-46, 00-48, 00-57, 01/0]/1988 12/31/2000 Subdivisions & Developments (DR's)
7 00-62, 00-77, 00-78, 00-80, 00-83, 01-01, 01-05, 01-113 01/0]/:[988 ]2/3]/2000 Subdivisions & Developments (DR's)
8 *** Needs to be Scanned *** - 0]/0]/]988 12/3]/2000 Subdivisions & Developments (DR's)
can/Recyc 3075 10020.8 Subdivisions & Developments (DR's) 01/01/1988 12/31/2000 12/31/2002 12-01-01 4
/I Box Contents: DR's (1998-2002)
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 DR's: 97-15, 99-32, 99-46, 99-54, 99-61, 00-04, 00-06, 00-19, 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
2 00-40, 00-65, 00-66, 00-67, 00-70, 00-75, 00-76, 01-03, 01-053, 01/01/1988 12/31/2000 Subdivisions & Developments (DR"s)
3 01-0345, 01-0393, 0:[-0437, 01-0464, 01-0493 0]/01/1988 12/31/2000 Subdivisions & Developments (DR's)
4 (01-0497, GPA 0-04, DCA 0-05), 01-0504, 01-0545, 01-0581, 0]/01/1988 12/31/2000 Subdivisions & Developments (DR's)
5 01-0619, 01-0675, 0:[-0689, 01-0695, 01-0710, 0]-07]9, 01-0725, 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
6 01-0729, 01-0755, 01-0772, 01-0787, 01-0806 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
7 ***. Needs to be Scanned *** ~ U ~ 01/01/1988 12/31/2000 Subdivisions & Developments (DR's)
~can/Recyc 3078 1002 .9~-~---~ Tra~ts and Parcel Maps 06/01/1991 01/31/1995 01/31/1997 12-01-02 1
,~/ Box Contents: Parcel Haps
Alt. Fo[der # Alt. Folder Number Description Beginning Date Ending Date Record TiUe Name
Dat~j
loe~'Neil, City ~ngineer Date .lim ~arkman, City Attorney
Page 2
Notification Number Destruction Notification Report 06/07/2005
189 City of Rancho Cucamonga (RC) 09:50:55
Records Management Division (TMP)
ENGINEERING/ADMTN (4637)
Bill to Name: (4637)
Records Coordinator: Diane Whyte Hail Code: Phone: (909)477-2700 ext: 4013
The following records are due for destruction on 06/30/2005. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. zf you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SI'GNED LI'ST TO THE RECORDS DIVZSIrON BY3UNE 14, 2005.
Destroy Permanent Record Title Record Title Name Dates On Destroy
(X)~Code Box Number Code (Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
Scan/Recyc 3078 10020.9 Tracts and Parcel Maps 06/01/1991 01/31/1995 01/31/1997 12-01-02 1
Box Contents: Parcel Maps
Alt. FoIder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 PM 13611, 13611-1, 13692, 13694, 13724, 13755, 06/01/1991 01/31/1995 Tracts and Parcel Maps
2 13782, 13800, 13808, 13825, 13859 06/01/1991 01/31/1995 Tracts and Parcel Haps
3 *** Need to Scan *** ~' ~. ~,/ ~.. 06/01/1991 01/31/1995 Tracts and Parcel Maps
//'~Scan/Recyc 3079 10020.9 Tracts and Parcel Maps 01/01/1989 05/30/1998 05/30/2000 12-01-02 2
Box Contents: Tracts
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Tract 13564 files ~'FEHA file; 01/01/1989 05/30/1998 Tracts and Parcel Maps
2 Tract 13565 (5-10) 01/01/1989 05/30/1998 Tracts and Parcel Maps
(~ 3 *** Need to Sca, n *** c,~ ~,/~ 01/01/1989 05/30/1998 Tracts and Parcel Maps
can/Recyc 3080 10020.9 Tracts and Parcel Maps 04/01/1990 01/31/1995 01/31/1997 12-01-02 3
c/ Box Contents: Parcel Maps
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
i Parcel Map 12987, 13020, 13059,, 13075, 13086, 13108, 04/01/1990 01/31/1995 Trac~ and Parcel Maps
2 13113, 13123, 13125, 13128, 13175, 13221, 13321, 13486, 04/01/1990 01/31/1995 Tracts andParceIMaps
13593
3 ***?~eed to Scan.~Y~-~/C~ ~ 04/01/1990 01/31/1995 Tracts and Parcel Maps
can/Recyc 3081 10020.9 Tracts and Parcel Maps 06/01/1990 02/28/1997 02/28/1999 12-01-02 4
/ Box Contents: Parcel Maps
II I
Dat~ ]oe/6'~l~l, City'Eng~neer ~ Date ~im~arkman, City Attorney
Page 3
Notification Number Destruction Notification Report 06/07/2005
189 City of Rancho Cucamonga (RC) 0g:50:55
Records Management Division (TMP)
ENGINEERTNG/ADMIN (4637)
Bill to Name: (4637)
Records Coordinator: Diane Whyte Mail Code: Phone: (909)477-2700 ext: 4013
The following records are due for destruction on 06/30/200S. Place your initials next to EACH box you authorize to be destroyed, then sign & date the bottom of
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SIGNED LIST TO THE RECORDS DTVISION BYIUNE 14, 200S.
Destroy Permanent Record Title Record Title Name Dates On Destroy
de Box Number Code (Box Contents) Beg. Ending Hold? 06/:30/2005 Location Space#
an/Recyc 308t 10020.9 Tracts and Parcel Maps 06/01/1990 02/28/1997 02/28/1999 12-01-02 4
Box Contents: Parce~ Maps
Alt. Folder # Alt. Folder Number Description Beginning Date Ending Date Record Title Name
1 Parcel Map 13469, 13845, 13912, 13919, 13961, 13962, 13987, 06/01/1990 02/28/1997 Tracts andParceIMaps
2 14001, 14022, 14038, 14190, 14160, 14278 06/01/1990 02/28/1997 Tracts and Parcel Maps
3 *** .~can *** ,~/~ I./ ~ 06/01/1990 02/28/1997 Tracts and Parcel Maps
Eligible Boxes on Hold = 0
Elgibile Boxes Checked Out = 0
Elgibile Boxes Excepted = 0
Boxes to be Destroyed for this Department = 8
( Excluding boxes on hold or boxes with folders on hold or
checked out, and excluding boxes selected for exception )
Date 3oe/o'Neil, city Engineer - Date 3in~Markman, City Attorney
Page 4
Notification Number Destruction Notification Report 06/22/2005
196 City of Rancho Cucamonga (RC) 08:23:14
Records Management Division (TMP)
ENGR TRAFFIC/DES1rGN (4639)
0ill to Name: (4639)
Records Coordinator: Luci Saunders Mail Code: Phone: (909)477-2700 ext: 4060
The for destruction Place initials next to EACH box authorize to be destroyed~ then sign & date the bottom of
following
records
are
due
on
06/30/2006.
your
you
EACH page. If you want a box held for an additional 6 months, provide a memo justifying the hold.
RETURN THE SI'GNED LIST TO THE RECORDS DTV:[STON BY3UNE :1.4, 2005.
Event Permanent Record Title Record Title Name Dates On Destroy
(X)Code Box Number Code ~_(Box Contents) Beg. Ending Hold? 06/30/2005 Location Space#
~"~Exp/Compl/Te 3131 8060.1 ( Capital Tmprovement Projects 08/30/1981 12/31/1987 12/31/1994 01-01-01
Box Contents: Capital Improvement Files
BOX Contents: Folders from 06/81- 12/87 ~ ~1 ~ n ~C ~ --
[~]Exp/Compl/Te 3132 8060.1 Capital Improvement Projects 08/30/1981 12/31/1987 12/31/1994 01-01-01 2
Box Contents: Folders from 4/88 - 12-93
E = Excluded Eligible Boxes on Hold -- 0
Elgibile Boxes Checked Out = 0
Elgibile Boxes Excepted = 0
Boxes to be Destroyed for this Department = 2
( Excluding boxes on hold or boxes with folders on hold or
checked outf and excluding boxes selected for exception )
I &Date/' /05 I II ~Date~/05 I [I ~Date~ ~
Page
~ A N C H O C U C A M O N G A
]~NGINE EI~IN C DE PAI~TI~EN T
Staff Report
DALE: September 21, 2005
TO: Mayor and members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Betty A. Miller, Associate Engineer
SUBJECT: APPROVAL OF MAPS, FOR PARCEL MAPS 15699-1 AND 15699, LOCATED
NORTH OF THE EXTENSION OF DAY CREEK BOULEVARD AND WEST OF
ETIWANDA AVENUE, SUBMITTED BY JTY iNVESTMENT LLC
RECOMMENDATION:
It is recommended that City Council adopt the attached resolution approving 'Parcel Maps
15699-1 and 15699 and authorize the City engineer to cause said maps to record.
BACKGROUND/ANALYSIS:
Tentative Parcel Map 15699, located north of Wilson Avenue, east of Day Creek Boulevard and
west of Etiwanda Avenue in the Low Residential Development District was approved by the
Planning Commission on July 24, 2002, for the division of 248.63 acres into 6 parcels.
The Developer, JTY Investment LLC, submitted an agreement and security to guarantee the
construction of Rancho Etiwanda Estates Infrastructure improvements with the first 2 of 6 final
tract maps, Tracts 16227-1 and 16227. which were approved by City Council on September 7,
2005.
When the tract maps were scheduled, staff understood the parcel maps would not be
necessary. However, several dedications on the parcel maps need to precede Tract Map
recordation. The developer has agreed to concurrent recording once the parcel maps are
approved.
~mmCtfully submitted,
City Engineer
WJO:JS:dlw
Attachments
RESOLUTION NO. ~ ~,~--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING PARCEL MAP NUMBERS 15699-1 AND
15699
WHEREAS, Tentative Parcel Map No. 15699, submitted by BCA Development,
and consisting of 6 Parcels, located north of Wilson Avenue, east of Day Creek
Boulevard and west of Etiwanda Avenue, being a division of 248.63 acres 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, Parcel Map Nos. 15699-1 and 15699 are the final maps of the
division of land approved as shown on said Tentative Parcel Map; and
WHEREAS, all of the requirements established as prerequisite to approval of the
final map by the City Council of said City have now been met by entry into an
Improvement Agreement guaranteed by acceptable Improvement Security by JTY
Investment LLC, as developer; and
WHEREAS, said Developer submits for approval said Parcel Map offering for
dedication, for street, highway and related purposes, the streets delineated thereon and
the easements dedicated thereon for storm drain and for ingress and egress for
maintenance vehicles and for property to the nodh.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES, that the offers for dedication, easements and the
final map delineating the same for said Parcel Map Nos. 15699-1 and 15699 are hereby
approved and the City Engineer is authorized to present same to the County Recorder
to be filed for record.
?/
./
1 ~J_j I:~''''''''~::"'
TY NORTH >>> 1"= 1000'
OF
NCHO CUCAMONGA
ENGINEERING DIVI$ ION TITLE: Rancho Etiwanda Estates
EXHIBIT: Vicinity Map
R A N C h O C U C A M O N G A
..... ~e~""'~'~ I"1 il ~rll r~'l
$ RepOl
DATE: September 21, 2005
TO:. Mayor and members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Joe Stofa Jr., Associate Engineer
~: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY,
ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT
NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR
DRC2001-00439 LOCATED AT THE SOUTHEAST CORNER OF VINEYARD
AVENUE AND CALLE DEL PRADO, SUBMIITED BY LIFEWAY CHURCH, A
CALIFORNIA NONPROFIT RELIGIOUS CORPORATION
RECOMMENDATION
It is recommended that City Council adopt the attached resolutions approving DRC2001-00439, accepting
the subject agreement and security and ordering the maintenance annexations and authorizing the Mayor
and the City Clerk to sign said agreement.
BACKGROUND/ANALYSIS
DRC2001-00439, located at the southeast comer of Vineyard Avenue and Calle Del Prado, was approved
by the Planning Commission on April 24, 2002 for the development of a new Church Facility of
approximately 41,300 square feet, which includes a Sanctuary, Educational Facility, Gymnasium,
Administration Office and Storage Building.
The Developer, Lifeway Church, is submitting an agreement and security to guarantee the construction of
the off-site improvements in the following amounts:
Faithful Performance $177,400.00 (Letter of Credit)
Labor and Material $ 88,700.00 (Letter of Credit)
Copies of the agreement and security are available in the City Clerk's Office.
Letters of approval have been received fi.om Cucamonga Valley Water District. The Consent and Waiver
to Annexation form signed by the Developer is on file in the City Clerk's office.
R~se/fully submitted,.
Wiiliam J. OTqeil
City Engineer
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA APPROVING
IMPROVEMENT AGREEMENT AND IMPROVEMENT
SECURITY FOR DRC2001-00439
WHEREAS, DRC2001-00439 submitted by Lifeway Church consist of a Sanctuary,
Educational Facility, Gymnasium, Administration Office and Storage Building located on the
southeast comer of Vineyard Avenue and Calle Del Prado was approved by the Planning
Commission of the City of Rancho Cucamonga on April 24, 2002 and is in compliance with the
Local Ordinance No. 28 adopted pursuant to that Act; and
WHEREAS, all of the requirements established as prerequisite to approval of the Church
Facility by the City Council of said City have now been met by entry into an Improvement
Agreement guaranteed by acceptable Improvement Security by Lifeway Church.
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 is hereby approved.
William J. Alexander, Mayor
ATTEST:
Debbie J. Adams, City Clerk
RESOLUTION NO. ~.~' ,~ 7D
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 DRC2001-
00439
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. I 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 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 l~or 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 hax~e 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 approvhl 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 fi'om 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 Tcu-ritory 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 DRC2001-00439 ~
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owners of the Property are:
LIFE WAY CHURCH, A CALIFORNIA NONPROFIT RELIGIOUS CORPORATION
The legal description of the Property is:
PARCEL 1 OF PARCEL MAP 14789 RECORDED IN BOOK. 180, PAGES 13 AND 14 OF PARCEL
MAPS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, OFFICIAL RECORDS OF SAID COUNTY.
ASSESSOR'S PARCEL NO. 208-921-36
The above described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A-1 DRC2001-00439 ~
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 are located at various sites throughout the
City. These sites are not considered to be associated with any one particular area within the City,
but rather benefit the entire City on a broader scale. As such, the parcels within this district do
not represent a distinct district area as do the City's remaining LMD's. Typically parcels within
this district have been annexed upon development
The various sites maintained by the district consist of parkways, median islands, paseos, street
trees, entry monuments, community trails and parks. The 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 (GENERAL CITY):
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 MAUNTENANCE DISTRICT NO. 2 (LOCAL STREETS):
Street Light Maintenance District No. 2 (SLD #2) is used to fund the maintenance and/or
installatinn 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 DRC2001-00439 ~
Proposed additions to Work Program (Fiscal Year 2005/2006)
For Project: DRC2001-00439
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1 1 ............
SLD # 2 4 ............
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # I ......... 39
*Existing items installed with original project
Assessment Units by District
Acres S 1 S 2 L 1
5.03 10.06 10.06 5.03
B-2 DRC2001-00439 ~
Exhibit C
Proposed Annual Assessment
Fiscal Year 2005/2006
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for thc fiscal year 2003/04. The following table
summarizes thc 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 Parcel 7699 1.0 7951 $92.21 $733,161.71
Family
Multi-
Units 7091 0.5 3570 $92.21 $329,189.70
Family
Corem/Ind. Acre 2 1.0 2 $92.21 $184.42
TOTAL $1,062,535.83
The Proposed Annual Assessment against the Property (DRC2001-00439) is:
5.03 Acres x 1.0 A.U. Factor x $92.21 Rate Per A.U. = $463.82 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 Tx, ne 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 (DRC2001-00439) is:
5.03 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $178.77 Annual Assessment
C-1 DRC2001-00439 /b~
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS):
The rate per assessment urfit (A.U.) is $39.97 for the fiscal year 2003/04. The following table
summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tx, ne Units Units Factor Units Unit Revenue
Single Parcel 6050 1.00 6050 $39.97 $241,818.50
Family
Multi
Unit 24 1.00 919 $39.97 $36,732.43
Family
Commercial Acre 19.05 2.00 19.05 $39.97 $1,522.86
Total $280,073.79
The Proposed Annual Assessment against the Property (DRC2001-00439) is:
5.03 Acres x 2.0 A.U. Factor x $39.97 Rate Per A.U. = $402.10 Annual Assessment
C-2 DRC2001-00439 fl ~ ]
CERTIFICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR DRC2001-00439
LANDSCAPE MAINTENANCE DISTRICT NO. 1
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2
STATE OF CALIFORNIA
COUNTY OF SAN BERNARD]NO
CITY OF RANCHO CUCA/VIONGA
WILLIAM J. OqxlEIL, the undersigned, hereby certifies as follows:
That I am the CITY ENGINEER of the CrFY OF RANCHO CUCAMONGA, CALIFORNIA.
That on the 21st day of September, 2005, I reviewed a Consent and Waiver to Annexation
pertaining to the annexation of certain property to the Maintenance District, a copy of which is on file in
the Office of the City Clerk.
That I caused said Consent and Waiver to Annexation to be examined and my examination
revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property
within the territory proposed to be annexed to the Maintenance Dis~ct.
That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the
Streets and Highways Code of the State of California.
EXECUTED this 21st day of September, 2005, at Rancho Cucamonga, California.
v v ClT~ EN~INEgR~
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
RANCHO C U C A M O N G a
~N GINI~EI~ING DEPA~THENT
Staff Report
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Willie Valbuena, Assistant Engineer
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITIES, MONUMENTATION CASH DEPOSIT AND ORDERING
THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR
TRACT 16311, LOCATED AT THE SOUTHEAST CORNER OF
HELLMAN AVENUE AND 6TM STREET, SUBMITTED CRESTWOOD
CORPORATION
RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions abcepting the
subject agreement, securities, monumentation cash deposit and ordering the
annexation to Landscape Maintenance District No.1 and Street Light Maintenance
District Nos. 1 and 2 for Tract 16311 and authorizing the Mayor to sign said agreement.
BACKGROUND/ANALYSIS
Tentative Tract Map 16311, located at the southeast corner of Hellman Avenue and 6~
Street, in the Low Medium Residential District (4-8 dwelling units per acre), was
approved by the Planning Commission on October 22, 2003. This project is for a
subdivision of 47 single-family lots on 10.8 acres of land.
The Developer, Crestwood Corporation, is submitting an agreement, securities and
monumentation cash deposit to guarantee the construction of the public improvements
in the following amounts:
Faithful Performance Bond $ 968,100.00
Labor and Material Bond $ 484,050.00
Monumentation Cash Deposit $ 4,750.00
CITY COUNCIL STAFF REPORT
TRACT 16311
September 21, 2005
Page 2
Copies of the agreement and securities are available in the City Clerk's Office.
A letter of approval has been received from Cucamonga Valley Water District. The
Consent and Waiver to Annexation forms signed by the Developer are on file in the City
Clerk's Office.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:WV:dlw
Attachments
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CITY OF ITEM:
RANCHO CUCAMONGA TITLE:
ENGINEERING DIVISION
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIi~ORNIA, APPROVING
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES
AND MONUMENTATION CASH DEPOSIT FOR TRACT 16311 .
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its
consideration an Improvement Agreement executed on September 21, 2005, by Crestwood
Corporation as developer, for the improvement of public fight-of-way adjacent to the real property
specifically described therein, and generally located at the southeast comer of HelIman Avenue and
6th Street; and
WHEREAS, the installation of such improvements, described in said Improvement
Agreement and subject to terms thereof, is to be done in conjunction with the development of said
real property as referred to Planning Commission Resolution No. 03-147; and
WHEREAS, said Improvement Agreement is secured and accompanied by good and
sufficient Improvement Securities, which are identified in said Improvement Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, HEREBY RESOLVES as follows:
1. That said Improvement Agreement be and the same is approved and the Mayor is
authorized to execute same as behalf of said City an.d the City Clerk is authorized to attest thereto;
and
2. That said Improvement Securities are accepted as good and sufficie, nt, subject to
approval as to form and content thereof by the City Attorney.
/ob
RESOLUTION NO. i0~'" ~ 7~
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 TRACT 16311
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of
1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance District No. 1, Street
Lighting Maintenance District No. 1 and Street Lightirig Maintenance District No. 2 (referred to
collectively as the "Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of
1972" authorize the annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
resolutions, an assessment engineer's report, notices of public heating and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within the
territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation
of territory to the Maintenance District, Article XIIID of the Constitution of the State of California
("Article xInD") 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
fmance 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
RESOLUTION NO.
TRACT 16311 - CRESTWOOD CORPORATION
September 21, 2005
Page 2
WHEREAS, by such Consent and Waiver, ail of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or
Article XIIID applicable to the authorization to the levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have
declared support for, consent to and approval of the authorization of levy such proposed annuai
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 C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: The City Council hereby finds and determines that:
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 fi.om 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 Improvement.
c. Only special benefits will be assessed on the Territory by the levy of the proposed
annuai 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 fi.om the
proceeds of annuai 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 ofthe Maintenance Districts, including the levy of all
assessments, shall be applicable to the Territory.
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
CRESTWOOD CORPORATION
The legal description of the Property is:
PARCEL 1:
The West 10.5 acres (acreage computed to center of abutting streets) of Lot 18 in Section 15,
Township 1 South, Range 7 West, San Bemardino Meridian, according to the Map of Cucamonga
Fruit Lands in the City of Rancho Cucamonga, as shown by Map on file in Book 4, Page 9 of Maps,
Records of San Bemardino County, California.
Excepting therefi'om that portion more particularly described as follows:
Beginning at the intersection of the center line of Hellman Avenue with the center line of Sixth
Street as shown on said Map; thence East 160 feet along the centefline of said Sixth Street to the tree
point of beginning; thence continuing East 85 feet along said centefline; thence South 188 feet
parallel with the centerline of Hellman Avenue; thence west 85 feet parallel with the centerline of
Sixth Street; thence north 188 feet to the true point of beginning.
PARCEL 2:
That portion of Lot 18, Section 15, Township 1 South, Range 7 West, San Bernardino Meridian
according to the map of Cucarnonga Fruit Lands in the City of Rancho Cucamonga, as shown by
Map on file in Book 4; Page 9 of Maps, Records of San Bernardino County, California, more
particularly described as follows:
Beginning at the intersection of the centerline of Hellman Avenue with the centerlifie of Hellman
Avenue with the centerline of Sixth Street, as shown on said Map; then East 160 feet along the said
centerline of Sixth Street to the true point of beginning; thence continuing East 85 feet along said
centerline; thence South 188 feet parallel with the centerline of Hellman Avenue; thence West 85
feet parallel with the centerline of Sixth Street; thence North 188 feet to the true point of beginning.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A-1
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. i
STREET LIGHTING MAINTENANCE DIS1~ICT NOS. 1 AND 2
TRA C T MA P No. 1631'1
KIRK'WOOD A V~NUE
II SEE SHEET 6 & 13
----...a"-=~-- $---- $- .s'~- ..... $--
-- -- ~ 6Ih ---- tv -' w -.~'~"/~-,LE"J'' .... tv---
SEE ~HEET 5
POPPYFIELD'
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~ ~R~I~ COURT
S~DOWBRO0~
N~N-~ ~F ~7~
CITY OF ~NCHO CUCAMO~GA ~o~
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 which are located at various sites throughout the
City. These sites are not considered to be associated with any one particular area within the City, but
rather benefit the entire City on a broader scale. As such, the parcels within this district do not
represent a distinct district area as do thc City's remaining LMD's. Typically parcels within this
district have been annexed upon development
The various sites maintained by the district consist of parkways, median islands, paseos, street trees,
entry monuments, community trails and parks. The 41.88 acres of parks consist of Bear Gulch Park,
East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park arid 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 thc
City as a whole on an equal basis and as such those costs associated with the maintenance and/or
installatinn 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 alreadyin 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
B-1
III
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2005/2006)
For Project: Tract 16311
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1 .... 8 ..... 2 ....
SLD # 2 -8 .............
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 1 --- 6768 112
*Existing items installed with original project
Assessment Units by District
Parcel DU S 1 S 2 L 1
47 47. 47 47 47
B-2
Exhibit C
Proposed Annual Assessment
Fiscal Year 2005/2006
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for thc fiscal year 2005/06. Thc following table summarizes the
assessment rate for Landscape Maintenance District No. I (General City):
# of Physical # of Rate Per
Units Assessment Assessment Assessment
Land Use Type Units Factor Units Unit Revenue
Single Parcel 7699 1.0 7951 $92.21 $733,161.71
Family '
Multi-
Units 7091 0.5 3570 $92.21 $329,189.70
Family
Comm/Ind. Acre 2 1.0 2 $92.21 $184.42
TOTAL $1,062,535.83
The Proposed Annual Assessment against the Property (TRACT 16311) is:
47 SFR's x 1 A.U. Factor x $92.21 Rate Per A.U. = $4,333.87 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
l.and l/se llnit Tune llnit~ llnit~ Faetnr llnits llnit Revenue
Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27
Family
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 (TR 16311) is:
47 SFRS x 1 A.U. Factor x $17.77 Rate Per A.U. = $835.19 Annual Assessment
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS):
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2005/06. The following table summarizes the
asscssmcnt rate for Street Light Maintenance District No. 2 (Local S~'eets):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land IT~e lTnit Tyne IInit~ lT'nits F~ctor Il'nits Ilnit Revenue
Single Parcel 6050 1.00 6050 $39.97 $241,818.50
Family
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 (TRACT 16311) is:
47 SFR's x 1 A.U. Factor x $39.97 Rate Per A.U. = $1,878.59 Annual Assessment
CERTIFICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR TRACT 16311
LANDSCAPE MAINTENANCE DISTRICT NO. 1,
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF RANCHO CUCA/VIONGA
WILLIAM J. O"NElL, the undersigned, hereby certifies as follows:
That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA,
CALIFORNIA.
That on the 21st day of September 2005, I reviewed a Consent and Waiver to Annexation
pertaining to the annexation of certain property to the Maintenance District, a copy of which is on
file in the Office of the City Clerk.
That I caused said Cgnsent and Waiver to Annexation to be examined and my examination
revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the
property within the territory proposed to be annexed to the Maintenance District.
That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of
the Streets and Highways Code of the State of California.
EXECUTED this 21 st day~ of September 2005, at Rancho Cucamonga, California.
CITY ENGINEER
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
R A N C H O C U C A M O N G A
F, i'/ G I N 1~ 1~ I~ I N G DI~P^I~T~I~NT
Staff Report
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Mark Brawthen, Contract Engineer
SLrlIJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 6 FOR TRACT NO. 17277
LOCATED ON THE EAST SIDE OF ARCH[BALD AVENUE, NORTH OF 6TM
STREET SUBMITTED BY G & L COMMERCIAL, LLC
RECOMMENDATION '
It is recommended that the City Council adopt the attached resolutions approving Tentative Tract
No. 17277, accepting the subject agreement and security, ordering the annexation to Landscape
Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, and
authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record.
BACKGROUND/ANALYSIS
Tract No. 17277, located on the east side of Archibald Avenue, north of 6th Street in the General
Industrial District (Subarea 4) Development District, was approved by the Planning Conunission
on June 22, 2005 for the division of 5.05 acres into one (1) lot.
The Developer, G & L Commercial, LLC, is submitting an agreement and security to guarantee
the construction of the off-site improvements in the following amounts:
Faithful Performance Bond: $ 7,000.00
Labor and Material Bond: $ 3,500.00
The Consent and Waiver to Annexation forms signed by the developer are on file in the City
Clerk's Office.
CITY COUNCIL STAFF REPORT
G & L Commercial, LLC
September 21, 2005
Page 2
Copies of the agreement and securities are available in the City Clerk's Office.
Respectfully Submitted,
COMMUNITY DEVELOPMENT SERVICES
ENGINEERING DIVISION
William J. O~Neil
City Engineer
WJO:MB:pjb
Attachments
N.T.S.
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~XHIBIT "~"
Bit~ of Rancho Bueamonfla
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
TRACT MAP NLrMBER 17277, IMPROVEMENT
AGREEMENT, AND IMPROVEMENT SECURITY
WHEREAS, Tentative Tract Map 17277, submitted by G & L Commercial, LLC, and
consisting of one (1) lot located on the east side of Archibald Avenue, north of 6th Street was
approved by the Planning Commission of the City of Rancho Cucamonga, on June 22, 2005, and
is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted
pursuant to that Act; and
WHEREAS, Tract Map No. 17277 is the final map of the division of land approved as
shown on said Tentative Tract Map; and
WHEREAS, all of the requirements established as prerequisite to approval of the final
map by the City Council of said City have now been met by entry into an Improvement
Agreement guaranteed by acceptable Improvement Security by G & L Commercial, LLC, 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. 17277 is hereby approved and the
City Engineer is authorized to present same to the County Recorder to be filed for record.
IIq
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING
THE ANNEXATION OF CERTAIN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 6 FOR TRACT NO. 17277
WHEREAS, the City Council of the City of Rancho Cucamonga, California has
previously formed a special maintenance district pursuant to the terms of the "Landscaping and
Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State
of California, said special maintenance district known and designated as Landscape Maintenance
District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance
District No. 6 (referred to collectively as the "Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting
Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
resolutions, an assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the 1972 Act related to the
annexation of territory to the Maintenance District, Article XIIID of the Constitution 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 amounts not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES AS FOLLOWS:
SECTION 1 .' That the above recitals are all true and correct.
SECTION 2: The City Council hereby finds and determines that:
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 Improvement.
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 armual 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 the levy of
all assessments, shall be applicable to the Territory.
2 TR 17277 l ~,, /
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
G & L Commercial, L.L.C., a California limited liability company
The legal description of the Property is:
PROPOSED TRACT MAP 17277, BEING A SUBDIVISION OF THE FOLLOWING:
THE WEST ½ OF LOT 13, SECTION 14, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF CUCAMONGA
LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9,
RECORDS OF SAID COUNTY.
EXCEPT THEREFROM THE SOUTH 305.600 FEET.
ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF SAN
BERNARDINO, BY DEED RECORDED FEBRUARY 14, 1963, IN BOOK 5852, PAGE 235,
OFFICIAL RECORDS, SAID LAND IS INCLUDED WITHIN THE LAND SHOWN ON MAP
RECORDED IN BOOK 20, PAGE 6 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
THIS REPORT IS PREPARATORY TO THE ISSUANCE OF A SUBDIVISION
GUARANTEE AND IT IS INTENDED SOLELY FOR THE USE OF THO~E PARTIES
DIRECTLY INVOLVED IN THE PREPARATION AND CHECKING OF SAID MAP, AND
IS SUBJECT TO CHANGE AT ANY TIME.
Assessor's Parcel No: 0209-211-14
A-1 TR 17277 / ,~ 2
EXHiBiT "A"
LANDscAPE MAINTENANCE DISTRICT NO. 3B
STREET LIOHTINO {vL&~N.4J,{CE DISTRICT NOS. l AND 6
'"= '~RACT NC>. l"72.'"7'7, 1 - LOT
SlX TH C~ $ TFIEE T ~,,.
CITY OF RANCHO CUCAMONGA ~ORT.
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA SUISTTI7277
^-z
Exhibit B
To
Description of the District Improvements
Fiscal Yeal 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL)
Landscape Maintenance District No. 3B (LMD #3B) represents landscape sites throughout the
Commercial/Industrial Maintenance District. These sites are associated with areas within that
district and as such any benefit derived fi.om 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 landscape sites that are maintained by this district consist of median islands,
parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87
acres associated with the Adult Sports Park (not including the stadium, parking lots or the
maintenance building).
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS)
Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or
installation of street lights and traffic signals located on arterial streets throughout the City. The
facilities within this district, being located on arterial streets, have been determined to benefit the
City as a whole on an equal basis and as such those costs associated with the maintenance and/or
installation of the facilities is assigned to the City-wide district.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL)
Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or
installation of street lights and traffic signals located on commercial and industrial streets
throughout the City but excluding those areas already in a local maintenance district. Generally,
this area encompasses the industrial area of'the City south of Foothill Boulevard. It has been
determined that the facilities in this district benefit the properties within this area of the City.
The sites maintained by the district consist of street lights on industrial or commercial streets and
traffic signals (or a portion thereof) on industrial or commercial streets generally south of
Foothill Boulevard.
B-1 TR 17277
Proposed additions to Work Program (Fiscal Year 2005/2006)
For Project: TR 17277
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # I ...... 2 ......
SLD # 6 ...............
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LMD # 3B ......
*Existing items installed with original project
Assessment Units by District
Lot Acres S 1 S 6 L 3B
I 5.05 2 1 1
B-2 TR 17277 /25
Exhibit C
Proposed Annual Assessment
Fiscal Year 2003/2004
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL)
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2005/06. The following table
summarizes the assessment rate for Landscape Maintenance District No. 3B
(Commercial/Industrial):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Tv'ac Units Units Factor Units Unit Revenue
Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,520.68
The Proposed Annual Assessment against the Property (TR 17277) is:
5.05 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $1,781.64 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-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 17277) is:
5.05 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $179.48 Annual Assessment
C-1 TR 17277 /2~,~
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL)
The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2005/06. The following table
summarizes the assessment rate for Street Light Maintenance District No. 6
(Commercial/Industrial):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Twe Units Units Factor Units Unit Revenue
Comm/Ind Acre 2,065.67 1.00 2,090.72 $51.40 $107,463.01
The Proposed Annual Assessment against the Property (TR 17277) is:
5.05 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $259.57 Annual Assessment
C-2 TR 17277 /~
CERTIFICATE OF SUFFICIENCY
CONSENT AND WAIVER TO ANNEXATION
FOR TRACT MAP 17277
LANDSCAPE MAINTENANCE DISTRICT NO. 3B,
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NO. 6
STATE OF CALIFORNIA
COUNTY OF SAN BERNARD1NO
CITY OF RANCHO CUCAMONGA
WILLIAM J. O'NEIL, the undersigned, hereby certifies as follows:
That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA,
CALIFORNIA.
That on the 21st day of September, 2005, I reviewed a Consent and Waiver to Annexation
pertaining to the annexation of certain property to the Maintenance District, a copy of which is
on file in the Office of the City Clerk.
That I caused said Consent and Waiver to Annexation to be examined and my
examination revealed that said Consent and Waiver to Annexation has been signed by the owners
of all of the property within the territory proposed to be annexed to the Maintenance District.
That said Consent and Waiver to Annexation meets the requirements of Section 22608.1
of the Streets and Highways Code of the State of California.
EXECUTED this 21st day of September 2003, at Rancho Cucamonga, California.
CITY E~G~NEER
CITY OF RANCHO CUCAMONGA
STATE OF CALIFORNIA
RA'N HO C U CA M O N G A
E NGIN ~I~I~ING DI~PA~T~I~NT
Staff Report
DATE: ~eptember 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Dan James, Senior Civil Engineer
SUBJECT: APPROVAL OF A CONTRACT AMENDMENT (CONTRACT CO 03-090)
ADJUSTING THE HOURLY RATE FOR INSPECTION SERVICES
PROVIDED BY ASSOCIATED ENGINEERS, INC.
RECOMMENDATION
It is recommended that the City Council, by minute action, authorize the inspection
hourly rate be adjusted from $62.00 per hour to $66.00 per hour for Associated
Engineers, Inc., contract CO 03-090.
BACKGROUND/ANALYSIS
Associated Engineers, Inc., is continuing their scope of services under an existing
contract approved by City Council on September 3, 2003, Contract CO 03-090. At that
time, the hourly rate of $58.00 was offered to the City, discounted from their normal rate
of $68.00 per hour. Then in August 2004 the rate was adjusted to $62.00 per hour.
Currently, Associated Engineers is requesting an adjustment of the rate to $66.00 per
hour, up $4.00 from the rate agreed upon in August 2004. Though it is an increase, it is
still below their normal rate of $72.00. This increase is directly attributed to increased
costs including insurance and gasoline. Additionally, Associated Engineers, Inc.,
provides for their inspectors' vehicles and cell phones at no extra charge to Rancho
Cucamonga.
The increase to $66.00 per hour is still highly competitive when comparing rates with
other inspection firms. Staff has informally contacted various other construction
inspection consultants to determine the market rate for inspection services and has
determined that the requested fee structure of Associated Engineers is below average
market rates. Due to the extremely heavy workload for inspection services it is
necessary to utilize contract consulting services. It should be noted costs are incurred
CITY COUNCIL STAFF REPORT
INSPECTION SERVICES
September 21, 2005
PAGE 2
only when work is done. There are no on call or retainer costs. Staff recommends City
Council authorize the requested increase.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:DJ:tch
Attachment
Revised 8/t8/05 ~ ~ ~ ~ ~ ~
2 2 2005
To: Dan Jam~
~ ~ ~n~o Cu~a - E~in~fing DepL ·
Jim Imbiom~
Augu~ 12, 20~
Fee Increase for Public Work Inspector
Dan,
The current rote being charged to the City of Rancho Cucamonga for inspection services is
$62.00/hour. This rate was negotiated in June of 2004 and is an adjustment to our standard
rote of $72.00/hour. Due to increased costs of living'and hard costs such as insurance,
gasoline, etc., we request raising the hourly rate to $66.00/hour. This new rote would apply
to both Alex Sanchez and Richard Dustin.
This rate includes the full benefit package, a truck that indudas gas, maintenance, and
insurance.
If you have any questions or if we can be of further assistance, please do not hesitate to
contac~ us at (909) 980-1982.
JJI/ppe
cc: Chuck Wachter, City of Rancho Cucamonga
Tom Manley, AE
J.N. 99-101
+909-941-(~91 ASSOCIATED ENGINEERS ~3~
CERTIFICATE "
OF LIABILIIY INSU~NCE
P~: 800-338-1301 F~ 800-43~-3173
~~ e4~ese 11/01/04
~m s 2000000
~~ ~*c 2000000
84~?s~ 211o~/o~ ~/ol/os ~~ ~oo0ooo
~a~ 84~B6e ll/O1/O& ~I/01/0t
%. Client~: 5084 ASSOCENGII
CO_R . CERTIFICATE OF LIABILITY INSURANCE I.08/31/05"A '0°
PRODUCER THIS Ct:H¥iPiCATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
199 S Los Roblea Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX'rT;ND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Pasadena, CA 91101
626 844-3070 INSURERS AFFORDING COVERAGE
~NSURER ~ American Automobile Ins. Co.
Associated Engineers, Inc.
INSURER B: Zurich American Insurance Co.
331t E. Shelby Street ~NSU~E~ ~.
Ontario, CA 91764
COVERAGES
THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUClES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
GE~NERAL LIAB4LITY EACH CCCURRENCE I $
I C~JMS MA~ [] occur MED ~xP ~y e.~ p~) $
PERSON~ & ADV I~URY $
NON-OWNEO AUTOS f (Per acct~eflt) ~$
$
A WOnKENSCOMPEN5ATIONAR.IWZPS0934132 0910'1105 09/0119G v ~wC~ST~,,~ I IO~-
I E.L- E~CH ACCIDE~' .. $1,000~000
E.L DISEASE- EA EMPLOYEEI $1 ~000,000
E.L DISEASE - POLICY LIMIT I $17000'000
B OTHER Professional EOC508607701 07115105 07115/06 $1,000,000 per claim
~.lablllty I $2,000,000 annl aggr.
CEHt]FICATE HOLDER I I AoI~moNA~INSURED;INSURER LETIEi~ -- CANCELLATION Ten Dev Notice for Non-Payment of Premium
SHOULD N4YOFTHE ABOVE D ESCRJIBEO PO~JCIES BE CANCELLED BEFORE TH E EXPTRATION
City of Rancho Cucamonga OATE THEREOF, THE ISSUING INSURER WlLL~J~AgI~MAIL30___. DAY, WRITTEN
Attn: Dan James NOTICETOTHE CEmlFICATE HOLDERNAMED TOTHELE~T, 8)~SR~Q~e~11~)
Senior Civil Engineer me~~a~m~mu~m[~m~mmR~deme~ax~m~
10500 Civic Center Drive amJe~NmQw~x
.ancho c,,camonos, CA 917 9
I .
ACORD 2S-S (7/~7) 1 of 1. #M138297 MLE ® ACORD CORPORATADIMe88
/
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
('rhe following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy,)
This endorsement forms a part of Policy No. WzPS0934132
Issued to: Associated Engineers, Inc.
By: American Automobile Ins. Co.
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2-5% of the California workem compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization Job Deecription
City of Rancho Cucamonga
Attn: Dan James
Senior Civil Engineer
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
wc..06 ce..ters,g.ed by
(Ed. 4-84) Authorized Representative
R A N C H O' C U'.C A M O N G'A
F. N C I ~ F.'I~ 1~ 1 N G
sbff Report FILE COPY
DA']~ August 18, 2004
TO:. Mayor and Members of the citY Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Dan James, Senior Civil Engineer
SUBJECT: APPROVAL OF A CONTRACT AMENDMENT (CONTRACT CO .0~090)
ADJUSTING THE HOURLY RATE FOR INSPECTION SERVICES
PROVIDED BY ASSOCIATED ENGINEERS, INC. '
RECOMMENDATION
It is recommended that the City Council, by minute action, authorize the inspection
houdy rate be adjusted from $58.00 per hour to :$62.00 per hour for Associated
Engineers, Inc., contract 'CO 03-090.
BACKGROUND/ANALYSIS
At the City Council meeting of July 7, 2004 the City Council authorized the continued
utilization of Associated Engineers, Inc., for contract inspection services. Associated
Engineers, Inc., is continuing their scope of services under an existing contract
approved by City Council on September 3, 2003, Contract CO 03-090. At that time, the
hourly rate of $58.00 was Offered to the City, discounted from their normal rate of
$68.00 per hour. - - ·
Currently, Associated Engineers is requesting an adjustment of the rate to $62.00 per
hour, 'up $4:00 from the rate agreed upon in September 2003. ThoUgh it is an increase,
it is 'Still below their normal rate of $68.00. This increase is directly attributed to
increased costs including insurance and gasoline. Additionally, Associated Engineers,
!nc., provides for their inspectors' vehicles and cell phones at no extra charge to Rancho
: Cucamonga. . .
The increase to $62.00 per hour is still highly competitive when comparing rates with
other inspection firms. Staff has informally contacted various other construction
inspection consultants to determine the market rate for inspection services and has
determined that the requested fee structure of Associated Engineers is below average
~-~-CITY COUNCIL STAFF REPORT
INSPECTION SERVICES.
July 7, 200~,
PAGE 2 . ..
;market rates. Due. to the extremely heavy workload for inspection services it is
necessary to utilize contract consulting services. It should be noted costs are incurred
only when Work is done. There are no on call or retainer costs. Staff recommends City
Council authorize the requested increase.
Respectfully submitted,
City Engineer
WJO:DJ:tch
Attachment
PROFESSIONAL SERVICES AGRE~ - ': - ~ '
FOR PUBLIC WORKS SERVICES i.. ' ' '
INSPECTION ~-:. ~..~ .,..:. ~ ,::~.. - ',
-' ':'. ..:7, .
This Agreement i$ made and ~ntered into this~.-~,~ da), of September 2003, bet~,een th~' C~ of
Rancho Cucnmonga, a Municipal Corporation (hereinafter referred to ns "CITY':) and A~socint~d
Engineers, Inc. (hereinafter referred to as "CONSULTANT").
A. Recitals.
cn7i:in o t ing. fo=an=¢ .
protessmna~ s~'wces with respect to thc inspection of public works constructmn on
vndons cit,,vide .public works of improvement ("Project" h~rcafter). .. '-
2' CONSULTANT ~$ interested in providing for the performance ofanch services.
3. CITY desires to retain CONSULTANT to perform profeasi~al public Works inspection
- - ~al~o~"os~ ~l:leclIlCal:lOllS~ plal~ aH(l laW~,. ' '
:4-: .... ' ...... '" . · ....
. .. CONSULTANT represents that ~t ~s qualified t~ perform sU~.serwces nnd is willing to ~ · '.:~..:
perform anch. professional services as hereinafter defined, ....
NOW, THEREFORE, it is agreed by end between CITY an,d:CONSULTANT as £ollow.~:
B. Agreement.
1. Definitions:
a) Pro~ect: Public Works of/mprovement at vnrious locations throughout the City.
b) Services= The in~ection of public works of improvement be£om, during.and/or after
cons~'uction to insure conformance with applicable standards, specifications, plnns,
!aws and accepted standard e0nstructien practices. This includes, but is not limited to
inspections, diaries, records, reports, and documentatiort, the presentation, both omi
and in writing, of such inspections, reports and documen~ to CITY as required and
attendance at an)' mcedngs conducted by CITY, with respect to the Project, thst ~¢
CITY deems necessary.
c) Dosuments: Inspection records and reports, photographs nnd videos, including but not
limited to, all load tickets, weight tickets, certifications ofcomplinn~¢, ~bmittal~,
shop drawing.% materials reports nnd other Projec~ related dactnnents received by the
CONSULTANT from third parties.
2..CONSULTANT i~Fees as follow~:
~) CONSULTANT shall undertake and complete Services all in nccordance with
Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the
reasonable satisfaction of CITY.
b) CONSULTANT shall provide to City, person(s) necessary to comply with the terms
of this Agreement. CONSULTANT hereby wnrrants that suchperson(s) shall be
fully qualified to perform Services r~uired hereunder.
c) CONSULTANT ~hall, on a daily basis, deliver Documents to C1TY when generated
or prepared or received by CONSULTANT.
d) CONSULTANT shall not subcontract Services.
/ 3. CITY agrees as follows: .
a) City shall pay CONSULTANT hourly rate(s) consistent with those rates shown in
Exhibit "A' for the performance ofthe Services required hcrenniler. The homly rate
shall cover the cost .of~tafftime and all other direct and indirect costs or fees,
' including vehicle, cell phone and other equipment necessary to perform the Services.
b) CITY shall make payments to CONSULTANT in accordance with invoices submitted
by CONSULTANT, on a monthly basis. Such invoices shall be paid Within a
reasonable time al~er CITY receives said invoices. All charges shall be in accordance
with CONSULTANT's proposal with respect to hourly rates for individual tasks.
c) City shall provide copies of standards, plans, specifications, permits and other infor-
mation, if available, which CITY considers necessary in order for CONSLIYrANT to
perform Services.
4. Ownership of Document~:
a) All documents generated by or prepared by or received by CONsuLTANT pursuant
to this Agreement shall be considered the property of CITY.
b) CONSULTANT may make and retain '
CONSULTANT may desire copies of said documents and materials, as
5. Terminal/on:
a) This agreement may be terminated by CITY upon the giving of a written "Notice of
Termination" to CONSULTANT at least five (5) days prior to the date of termination
specified in said Notice.
.b) In the event this Agreement is so terminated, CONSULTANT shall be compensated
at the applicable hourly raie(s) as set forth in Exhibit "A", for all Services completed
as of the date of termination.
c) CONSULTA/qT shall deliver to CITY any and all Documents, whetherin drat~ or
final form, generated by or prepared by or received by CONSULTANT as of date of
termination.
d) CONSULTANT may not terminate this Agreement except for cause.
6..Notices and Designated Rapresentafivcr,:
a) Any and all notices, demands, invoices and written communications between the
parties hereto shall be addressed as set forth in this Section 6.
b) The below named individuals shall be the persons primarily responsible for the
performance by the parties under this Agreement:
Dan James, Senior Civil Engineer
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
(909) 477-2740 extension 4020
April Morris, President
Associated Engineers, Inc.
3311 E. Shelby Street
Ontario, CA 91764-4872
(909) 980-1982
Any such notices, demands, invoices and written communications by mail shall be
deemed to have been received by thc addressee Forty-eight (48} hours after deposit
thereofin the United States mail, postage prepaid and'properly advised as set f0tth
above.
7. Insurance:
a) CONSULTANT shall not commence Services under this Agreement until:
(1) CONSULTANT has obtained all insurance required hereunder in a company or
companies acceptable to CITY.
(2) CONSULTANT has furnished CITY with original endomements, or copies of
each required policy, effecting and evidenc/hg the insurance coverage required by
this Agreement.
(3) A person authorized by the insurei'(s) to bind coverage on its behalf shall sign the
endorsements.
(4) All endorsements Or policies have been received and approved by CITY.
b) The CONSULTANT shall take out and maintain at all times during the life of this Agreement the following policies of insurance:
(1) CONSULTANT shall provide full compensation insurance for all persons whom
the CONSULTANT may employ in carrying out Services specified herein, in
accordance with the laws of the State of Califomitc Such policy of insuranCe
shah provide that the insurer waives all rights of subrogation against CITY and its
elected officials, officers, employees and agents.
(2) In accordance with the provisions of Section 3700 of the California Labor Code,
every employer shall secure the payment of compensatiun to his employees.
CONSULTANT shall sign and file with CITY a codification as follows: ·
"I ~ aware of the provisions of Section 3700 of the Labor Code which
reqmre every employer to be insured against liability for worker's
compensation or to undertake self insurance in accordance with the provisions
of that Code. I will comply with said provisions before commencing the
performance of work of this contract."
.. (3) Commercial General Liability (occurrence) - for bodily injury, death and p~0perty
damage for products/completed operations and any and all other activities undertaken by
the CONSULTANT in the performance of this Agreement - - or --:
(4) (Alternative to COmmercial General Liability) - Comprehensive, broad form General
Public liability (occurrence) - for bodily injury, death and property damage arising out of
any activities undertaken by CONSULTANT in the performance of this Agreement.
(5) Comprehensive Automobile Liability (occurrence) - for bodily injury, death and
property damage insuring against ail liability arising out of the use of any vehicle.
{6) The policies of insurance required in this Subsection b). shall have no less than the
following limits of coverage:
(a) $1,000,000 (One Million Dollars) for bodily injury or death;
(b) $1,000,000 (One Million Dollars) for property damage.
(c) The total of the limits specified in (a) and (b), above, whe/e a combined
single limit is provided.
c) The policies of insurance required in subsections b) (3), (4) and (5) above, shall:
(1) Be subject to no deductible amount unless otherwise provided, or approved in
writing by CITY;
(2) Be tsst~ed by an insurance c0m~any approved in Writing by'CITY, WIffc~h is '
admitted:and licensed to do business in the State of California and:which is rated
: A+ (s~even) or better according to the most recent A.M. Best Co. Rating Guide;
(3) Names as additional insured, the CITY, it elected officials, officers, employees,
attorneys and agents, and any other parties? including subcontractors specified by
CITY to be included;
(4) Specify that it acts as primary insurance and that no insurance held or owned by
the designated additional insured shall be c~lled upon to cover a loss under said
policy;,
(5) Specify that it applies separately to each insured against whom a claim:is made or
suit is brought, except with respeCt to the limits of the insurer's liability;
(6) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the
amount of coverage thereof reduced until thirty (30) days at, er receipt by CITY of
written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
(7) Specify that any failure to comply with reporting or other pmvisioss of the
required policy, including breaches of warranty, shall not affect the coverage
required to be provided;
(8) Specify that the insurer waives all rights of subrogation against any of the named
additional insurod~ and
(9) Specify that any and all cost of adjusting and/or defending any claim against any
insured, including court costs and attorneys' fees, shall be paid in addition to and
shall not deplete any policy limits.
d) CONSULTANt. shall provide CITY with the required policies or endorsements
evidencing renewal of the required policies of insurance prior to the expiration of any
required policies of insurance if performance of this Agreement shall extend beyond
one (1) year.
8. Indemnification:
a) CONSULTANT shall defend, indemnify and save harmless CITY, its elected and
appoimed officials, officers, agonts aed~mptoyees; fi'om al} .liability from-loss,
damage or injury to persons or property.
b) CONSULTANT pay any and all legal i:osts and attorneys' fees, in any manner arising
out of the negligent acts and/or omissions of CONSULTANT pursuant to this
Agreement, including, but not l/mired tO, all consequential damages, to the maximum
extent permitted by law. '
9. Assignment:
CONSULTANT hereunder shall make no assignment of this Agreement or of any part or
obligation of performance, either in whole or in part, without the prior written consent of
CITY.
10. Independent Contractor:
The parties hereto agree that CONSULTANT and its employees, officers and agents are
independent contractors Under this Agreement and shall not be construed for any purpose
to be employees of CITY'.
11. Governing Law:.
This Agreement fihall be g°vemed by and construed in accordance with the laws of the
State of California.
13. Entire Agreement: ..
a) This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties with respect to the subject matters herein.
b) Each party to this Agreement acknowledges that no representation by any party that is
not embodied herein or any other agreement, statement, or promise not contained in
this Agreement shall be valid and binding.
c) Any modification of this Agreement shall be effective only if it is in writing signed
by all parties. ...
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first set forth above:
A~j~I MorriS, PreSident Da~e
.cu.,q^MOSO^
Willi~ Altair, ~ay~t' Date
/
De~a J. Adms,~C, City Clerk Date
Iql
Associated Engineers. Inc. co.s.LT,.G c,v,
3311 E. SHELBY S~t:t: ~, ONTAPJO, ~ 91764-4872 (909) 980-1982 FAX (909) 941'0891
Exhibit '~A
· City o1 Rancho Cucarnonga - Inspection
HOURLY RATES
(Effective 9/01/03)
OFFICE TIME
Principal Registered Civil Engineer/CEO
Principal Registered Civil Engineer ~ $150.00 per hour
Principal Licensed Land Surveyor $140.00 per hour
Principal Construction Administrator $;I 40. 00 per hour
Senior Construction Administrator $140.00 per hour
Civil Engineer $120.00 per hour
1. Project Manager
2. Senior $115.00 per hour
3. Associate $105.00 per hour
Assistant Engineer $95.00 per hour
Junior Engineer $90.00 per hour
Utility Coordinator-1 $75.00 per hOUr
Utility Coordinator-2 $88.00 per hour
Chief Of Surveys $68.00 per hour
Licensed Land Surveyor $105.00 per hour
Land Survey Technician $103.00 per hour
Cadd Technician $75.00 per hour
Engineering Aide $69.00 per hour
Senior Administrator $50.00 per hour
Accounting Coordinator $95.00 per hour
Administrative Assistant $50.00 per hour
$40.00 per hour
FIELD TIME
4-Man Survey Parly
3-Man Survey Party $275.00 per hour'
2-Man Survey Party $230.00 per hour
1-Man Survey Party $185.00 per hour
Flagman $140.00 per hour
Senior Staff Inspector $50.00 per hour
$90.00 per hour
Staff Inspector- City of Rancho Cucamonga Rate $58.00
Travel Time - 3-Man Survey Party
Travel Time - 2-Man Survey Party $105.00 per hour
$80.00 per hour
Above schedule is for straight time only. Overtime raquesled by client will be al 1-1/2 times ~he rates shown and
Sundays/Holidays al 3 times the rales shown. These houH. y rates do not include prinfing, cosls, fees paid 1o
Governmental agencies or olher reimbursable expenses. These expenses are billed at cost + t 0%..
Above schedule subject to change based on snnual increases Io direcl labor rates.
Travel time rales will be billed for those hours in excess of 8 hours per day.
Expert Witness time will be billed at 1 '~ times the houdy rates shown with a 4 hour minimum plus expenses.
.-..,.. .--,o=.e s....,.o
T H C I T Y 0 F
I~AN C H 0 C U CA M 0 N C.A
StaffReport
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, City Manager
FROM: Lawrence I. Temple, Administrative Services Director
BY: Ingrid Y. Bruce, Special Districts/GIS Manager
S~: AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH bd SYSTEMS TO PROVIDE CONTRACT
STAFFING SERVICES FOR GIS ASSISTANCE 1N THE PREPARATION
OF FIRE MAPS, RUN BOOKS, BLOCK PLANS AND OTHER GIS WORK
AS NEEDED TO BE FUNDED BY ACCOUNT NUMBERS 1016301-5300
($52,000); 1154303-5300 ($28,000); AND 3281501-5300 ($10,000).
RECOMMENDATION
It is recommended that the City Council authorize staff to enter into a professional services
agreement with bd Systems to provide contract staffing services for GIS assistance in the
preparation of fire maps, run books, block plans and other GIS work as needed to be funded
by account numbers 1016301-5300 ($52,000); 1154303-5300 ($28,000); and 3281501-5300
($10,000).
BACKGROUND
For the past three and a half years, the preparation of maps, fire run books, block p~l~ans and
other related GIS work for the Fire District has been performed by the same contracted GIS
Technician. However, that tenure came to an end on August 4, 2005 with the resignation of
the GIS Technician. This resignation left a large void in the service levels that the GIS
Division of the Administrative Services Department is able to provide. While these job
duties are critical to the effective and efficient functioning of the Fire District, current
staffing within the GIS Division cannot absorb these duties.
As development continues in the City, along with the increases in the number of residents, it
is critical to the welfare of all that public safety (specifically, the Fire District) keep current
with all the GIS changes. These changes include new streets with fire hydrants, block plans,
addresses, etc. that are transferred to dispatch for emergency response. To ensure that the
Page 2
September 2t, 2005
addresses, etc. that are transferred to dispatch for emergency response. To ensure that the
Fire District is fully prepared to respond when dispatched, it is imperative that another
contract GIS Technician be brought on board.
bd Systems has provided the City with a proposal to perform these services at an hourly rate
of $53 from September 26, 2005 through June 29, 2006. The estimated total cost for these
services is $90,000. During the fiscal year 2006/07 budget process, the Administrative
Services Department will pursue the possibility of hiring a full-time staff member to
permanently provide these services to the City.
Respectfully submitted,
Administrative Services Director
R A N C H O C U C A M O N G A
ENGINEERING DEDARTHENT
Staff Report
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Jerry A. Dyer, Senior Civil Engineer (-~/'~
Richard Oaxaca, Engineering Technician -~]
SUBJECT: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION
OF THE CONTRACT IN THE AMOUNT OF $197,133.00 TO THE APPARENT IOW
BIDDER, STEINY AND COMPANY, INC., AND AUTHORIZE TIlE EXPENDITURE
OF A 10% CONTINGENCY IN THE AMOUNT OF $19,713.30 FOR THE ETIWANDA
AVENUE AT CHURCH STREET TRAFFIC SIGNAL IMPROVEMENTS, TO BE
FUNDED FROM CFD 2001-01 FUNDS, ACCOUNT NO. 16123035650/1442612-0
AND APPROPRIATE $241,846.30 (CONTRACT AWARD OF $197,133.00 PLUS
10% CONTINGENCY iN THE AMOUNT OF $19,713.30 PLUS CONSTRUCTION
SOILS AND MATERIALS TESTING IN THE AMOUNT OF $10,000.00 PLUS
CONSTRUCTION SURVEY IN THE AMOUNT OF $15,000.00) TO ACCOUNT NO.
1612303565011442612-0 FROM CFD 2001-01 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 $197,133.00 to the apparent Iow bidder, Steiny and
Company, Inc., and authorize the expenditure of a 10% contingency in the amount of $19,713.30,
for the Etiwanda Avenue at Chumh Street Traffic Signal Improvements, to be funded from CFD
2001-01 funds, Account No. 16123035650/1442612-0 and appropriate $241,846.30 (Contract
award of $197,133.00 plus 10% contingency in the amount of $19,713.30 plus soils and materials
testing in the amount of $10,000.00 plus construction survey in the amount of $15,000.00) to
Account No. 16123035650/1442612-0 from CFD 2001-01 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 $300,000.00. 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 and Award Contract for the Etiwanda Avenue at Church Street Traffic Signal
Improvements
September 21, 2005
Pa§e 2
The construction of this project is to install a traffic signal and safety lighting at the intersection of
Etiwanda Avenue and Church Street. The contract documents call for forty-five (45) working days to
complete this construction.
Respectfully submitted,
City Engineer
WJO:JAD/RQ:Is
Attachment
BID SUMMARY FOR BID OPENING AUGUST 2, 2005 .4Pp/IRENTLOWBIDDER
Efiwanda Avenue at Church Street Traffic Signal Improvements ENGINEERS COST Moore Electric Contracting,
ESTIMATE Steiny and Company, Inc. Inc.
UNIT UNiTI UNiTI
1. 1 LS Cleanng & Grabbing/Mobilization $1 $10,000.00 $2,020.00 $2,020.00 $1,000.00 $l,000.00
2. 1. LS A.C. AccessRamp per City Standard No. 102 $1,000.00[ $1,000.00 $3,656.00 $3,656.00 $4,500.00 $4,500.00
3. LS l'rafficSignaI&SafetyLightingatEtiwanda&Church $280,000.00[ $280,000.00 $190,457.00 $190,457.00 $234,021.00] $234,021.00
4. 1 LS Traffic Control $9,000.00 $9,000.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00
TOTAL $3001000.00 $197,133.00 [ $241z021.00
BID SUMMARY FOR BID OPENING AUGUST 2, 2005
Etiwanda Avenue at Church Street Traffic Signal Improvements VT Electric, Inc. DBX, Inc.
I UNITI UNIT
1~O QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT
I
1 1 LS Clearing& Grubbing/Mobilization $l,000.00 $1,000.00 $5,600.00 $5,600.00
2. i LS A.C. Access Ramp per City Standard No. 102 $1,500.00 $1,500.00 $1,200.00 $1,200.00
3. 1 LS Traffic Signal & Safety Lighting at Etiwanda & Church $262,330.001 $262,330.00 $266,360.00 $266,360.0(3
4. I LS Traffic Control $4,000.00] $4,000.00 $7,500.00] $7,500.00
I
TOTAL [$268,830.00 I $280,660.00
Page 1
BANYAN ,T
&TH 5T ~rs
GTH ST
ONTAP-,IO LIMIT
PROJECT
LOCATION
CITY OF RANCHO CUCAMONGA
ETI'WA.NDA AVENUE AT CHURCH
Tl~wlC ~IGNAL ~RO¥~'NT
VICINITY MAP
R A N H O C U C A M O N G A
ENGINEERING DEPARTMENT
Staff Report
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Tasha Hunter, Public Svc. Tech I
SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BONDS FOR DR 98-10 (TR
13316), LOCATED ON THE EAST SIDE OF ARCHIBALD AVENUE AND
CARRARI STREET, SUBMI'I-fED BY BARRATT AMERICAN, INC.
RECOMMENDATION
It is recommended that City Council authorize the City Clerk to release the Maintenance
Guarantee Bonds, for DR 98-10 (TR 13316), located on the east side of Archibald Avenue
and Carrari Street, submitted by Barratt American, Inc.
BACKGROUND/ANALYSIS
Prior to the end of the one-year maintenance period staff reviewed the subdivision
improvements and discovered some deficiencies. The developer was contacted and
repaired all the deficiencies. It is appropriate to release the Maintenance Guarantee Bonds
at this time.
DEVELOPER Barratt American, Inc.
5950 Priestly Dr.
Carlsbad, Ca 92008
Release: Maintenance Guarantee Bonds: #111 3351 2399 $202,200.00
#111 3351 2361 $243,000.00
City Engineer
WJO:tch
Attachment
CITY OF NORTH ~ NTS
RANCHO CUCAMONGA ITEM: Tract 13316 (DR 98-10)
TITLE: Vicinity Map
ENGINEERING DIVISION / ~) EXHIBIT: "A"
R A N C H O C U C A M O N G A
E N O I N E E R I N G D E P A R T M E N T
Staff Report
DATE: September 21, 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 15966 (DRC2002-00845)
LOCATED AT THE NORTHEAST CORNER OF WHITE OAK AND ELM
AVENUES, SUBMITTED BY RANCHO OAKS, LLC
RECOMMENDATION:
The required improvements for PM 15966 (DRC2002-00845) 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 15966 (DRC2002-00845), located at the
northeast corner of White Oak and Elm Avenues, 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: Rancho Oaks, LLC
Release: Faithful Performance Bond # 104028085 $94,700.00
(Bond No.)
Accept: Maintenance Bond # 104028085M $ 9,470.00
(Bond No.)
Respectfully submitted,
City Engineer
WJO:TCH
Attachment(s)
HAVEN AVE.
UTI'CAAVE.
ASPEN O
O
,
: RED OAK AVE.'
~ ~ ~ ....
WHITE OAK AVE.
~--..
'MAPLE PL.
ELM AVE.
:.. MILLIKEN AVE. "
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA,
ACCEPTING THE PUBLIC IMPROVEMENTS FOR PM
15966 (DRC2002-00845) AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE
WORK
WHEREAS, the construction of public improvements for PM 15966
(DRC2002-00845) 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 O I N E E R I N O D E P A R T M E N T
S'laff Report
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Tasha Hunter, Public Service Tech I
SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE
BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF
COMPLETION FOR IMPROVEMENTS FOR TR 16332 LOCATED ON THE
NORTH SIDE OF HILLSIDE ROAD, EAST OF HERMOSA AVENUE,
SUBMITTED BY STONEBRIDGE RANCHO CUCAMONGA, LLC
RECOMMENDATION:
The required improvements for TR 16332 have been completed in an acceptable manner, and it
is recommended that the City Council accept said improvements, authorize the City Engineer to
file a Notice of Completion and authorize the City Clerk to release the Faithful Performance
Bond and accept a Maintenance Bond.
BACKGROUND/ANALYSIS:
As a condition of approval of completion of TR 16332, located on the north side of Hillside
Road, east of Hermosa 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 Performance Bond and accept the Maintenance Bond.
Developer: Stonebridge Rancho Cucamonga, LLC
3525 Lomita Boulevard, Suite 200
Torrance, Ca 90505
Release: Faithful Performance Bond # SU5001038 $600,000.00
(Bond No.)
Accept: Maintenance Bond # SU5001038-A $ 60,000.00
(Bond No.)
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:TCH
Attachment(s)
RESOLUTION NO. ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA,
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TR
16332 AND AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for TR 16332 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.
/55
V/c/nity MaP
CITY OF
RANCHO CUCAMONGA TrrI~
~ A N H O C U C ,~ M O N G A
ENGINEERING DEPARTMENT
Staff Report
DATE: September 21, 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 Enginee~
Richard Oaxaca, Engineering Technician' '"'"' - ;~
SUBJECT: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 08658633 IN THE AMOUNT
OF $243,432.00, FOR THE LOCAL STREET PAVEMENT RECONSTRUCTION N/O
19TM STREET E/O HAVEN AVENUE, CONTRACT NO. 04-018
RECOMMENDATION
It is recommended that the City Council authorize the City Clerk to release Faithful Performance
Bond No. 08658633 in the amount of $243,432.00 for the Local Street Pavement Reconstruction
N/O '19th Street E/O Haven Avenue, Contract No. 04-018.
BACKGROUND/ANALYSIS
The required one-year maintenance period has ended and the street improvements remain free
from defects in materials and workmanship.
Contractor: Laird Construction Co., Inc.
9460 Lucas Ranch Road
Rancho Cucamonga, CA 91730-5743
Respectfully submitted,
William O. O'Neil
City Engineer
WJO:CH/RO:Is
Attachments
VICINITY MAP
LOCATION
:~KE-----~ FOR RECONSTRUCTION
LOCAL STREET PAV~.NT RECONSTRUCTION
N/O 1~ ~. E/O ~N
I~ A N C H O C U C A M O N G A
ENGINEERING DEPARTPIENT
Staff Report
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Jerry A. Dyer, Senior Civil Engineer ~,~
Richard Oaxaca, Engineering Technic[an~
SUBJECT: RELEASE OF MAINTENANCE BOND NO. 8738461 IN THE AMOUNT OF
$29,111.83, FOR THE GROVE AVENUE PAVEMENT REHABILITATION
IMPROVEMENTS FROM ARROW ROUTE TO FOOTHILL BOULEVARD,
CONTRACT NO. 04-026
RECOMMENDATION
It is recommended that the City Council authorize the City Clerk to release Maintenance Bond No.
8738461 in the amount of $29,111.83 for the Grove Avenue Pavement Rehabilitation Improvements'
from Arrow Route to Foothill Boulevard, Contract No. 04-026.
BACKGROUND/ANALYSIS
The required one-year maintenance period has ended and the street improvements remain free
from defects in materials and workmanship.
Contractor: Mobassaly Engineering, Inc.
1840 Wright Avenue
La Verne, CA 91750
Respectfully submitted,
William O. O'Neil
City Engineer
WJO:JAD/RO:Is
Attachments
VICINITY MAP
GROVE AVE. PAVEMENT REHABILITATION
FROM ARROW RTE. TO FOOTHILL BLVD.
PROJECT
LOCATION
u "' , ~Json Av
-- Raute 30
~land Av
Base Lin ~ase ~ine Rd
10 Freeway ~
~h
EXHIBIT "A"
R A N C h O C U C A M O N G a
ENGINEERING DEPARTMENT
SbffRepor
DALE: September 21, 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 Enginee ~
Richard Oaxaca, Engineering Techr~i~ian~7/~
SUBJECT: ACCEPT THE SAPPHIRE STREET PAVEMENT REHABILITATION FROM 19TM
STREET TO BANYAN STREET, CONTRACT NO. 05-033 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 $151,192.88
RECOMMENDATION
It is recommended that the City Council accept the Sapphire Street Pavement Rehabilitation from
19m Street to Banyan Street, Contract No. 05-033, 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 $138,188.00 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 $15,119.29, 35 days after acceptance. Also, approve the final contract amount of
$151,192.88.
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 Sapphire Street Pavement Rehabilitation from 19ta Street to Banyan Street scope of work
consisted of cold milling, removal and replacement of badly degraded pavement with asphalt rubber
overlay; adjusting manholes, gas and water valves to new grade; and replacement of inductive
traffic detector loops, re-striping and pavement markings. Pertinent information of the project is as
follows:
CITY COUNCIL STAFF REPORT
Re: Accept Sapphire Street Pavement Rehabilitation from 19th Street to Banyan Street
September 21, 2005
Page 2
> Budgeted Amount: $235,000.00
~ Account Numbers: 11763035650/1471176-0
> Engineer's Estimate: $166,175.00
~' City Council's Approval to Advertise: March 2, 2005
~' Publish dates for local paper: March 8 & 22, 2005
> Bid Opening: April 5, 2005
> Contract Award Date: April 20, 2005
> Low Bidder: Silvia Construction, Inc.
~ Contract Amount: $138,188.00
> 10% Contingency: $13,818.80
~' Final Contract Amount: $151,192.88
> Difference in Contract Amount: $13,004.88 (9.41%)
The net increase in the total cost of the project is a result of final quantities being higher than
estimated contract quantities. The most notable overage was additional tonnage of asphalt rubber
hot mix overlay resulting from additional removals during construction that were unforeseen at the
time of bid.
Respectfully submitted,
William O. O'Neil
City Engineer
WJO:CH/RO:Is
Attachments
RESOLUTION NO. ~ ~" ,~ 7 ?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
SAPPHIRE STREET PAVEMENT REHABILITATION FROM
19TM STREET TO BANYAN STREET, CONTRACT NO. 05-
033 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the Sapphire Street Pavement Rehabilitation from 19t~ Street
to Banyan Street, Contract No. 05-033, 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.
VICINITY MAP
PROJECT $IT~
CITY OF RANCHO CUCAMONGA
SAPPHIRE STREET
Valli
Architectural
Group
TRANSMITTALLETTER
To: LARRY HENDERSON Date: September 15, 2005
Firm: CITY OF RANCHO CUCAMONGA Project Name: POWER-RANCHO CUCAMONGA
PLANNING DEPARTMENT
Address: Project: No. 2001-260
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CA 91729 Sent ~: Delivery Service
DATE COPIES DESCRIPTION
9.15.05 I Colored Site Plan showing site sections and photo angles
I Colored site Sections with dimensions
10 Photo 2 of Site from Residences looking South and simulation with
trees
10 Reductions of the items listed above
I Disc with all of the 3 images listed above
I Letter of explanation
Remarks:
Please find enclosed the new graphics to address the concerns of the residence property owners which are
within the 600' radius of the Site. Please let me know if you need anything else.
Thank You.
Sent by: Rick Wallace 0~: ~J~ ~(~
_p~roject a r_chj_t e~c_t- ..........
81 Columbia · Suite 200 · Aliso Viejo - CA ° 92656 · Tel: 949 / 349-1777 Fax: 949 / 349-1778
mailr~valliarch.com (~cf1.26~Tra nsmittals'~Hem:lms~nOgl 5{35 wed
VALLI
ARCHITECTURAL
GROUP
September 15, 2005
Mr. Larry Henderson
Rancho Cucamonga Planning Dept.
10500 Civic Center Ddve
Rancho Cucamonga, CA 91730
Re: Power Self Storage
Rancho Cucamonga, CA
Dear Mr. Henderson:
Enclosed for your use is Photo Simulation View #2 of the proposed Power Self Storage
project. The photograph was taken from the extreme southwest fence comer of the housing
tract to the northeast of the project, as shown on the updated site plan exhibit.
You will see in the existing conditions photo that there is an existing group of trees along the
Power Self Storage project's north property line. The trees total 17 in number and range in
height from approximately 20 feet to 30 feet. No irrigation system appears to exist for these
trees, and no maintenance appears to be taking place.
Photo simulation attempts to place the proposed self storage buildings into this photo context
were unsuccessful in terms of cladty due to. the cross angle view from the photo position to
the proposed buildings.
In discussing the situation with John McDonald, it was decided that the best solution to
address the concerns of the north side property owners would be to infill plant the gaps in the
existing tree screen wall with new trees and shrubs. We believe that 10 trees of 24" box size
would more than adequately screen any building visibility from the north.
A photo simulation of the finished condition shows total screening of the proposed buildings.
Mr. McDonald is willing to accept a Condition of Approval along these lines.
Please call if you have any questions, and let me know your thoughts.
Sincerely,
Valli Architectural Group 01'[¥ 0~: R~(~0 0tJ(~0~6'~
S£? 19
President
cc: John McDonald
81 COLUMBIA, SUITE 200 ALISO VlEJO, CA 92656 PH: 949-349-1777 FAX: 949-349-1778 E-MAIL: mail~valliarch.com
POWER STORAGE RANCHO CUCAMONGA, LLC SiTE PLAN
THE CITY OF
I~A N C Il 0 CUCAMONGA
DATE: September 21,2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Dan Coleman, Acting City Planner
BY: Ler~y Henderson, AICP, Principal Planner
SUBJECT: 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 Files: Conditional
U.se Permit DRC2003-01130 and Preliminary Review DRC2002-00704. Staff
~has prepared a Negative Declaration of environmental impacts for consideration.
MEMORANDUM OF UNDERSTANDING DRC2005-00078 - CITY OF RANCHO
CUCAMONGNSOUTHERN CALIFORNIA EDISON A Memorandum of
Understanding for the use of Southern California Edison Utility Corridors for
recreational trail use and some commemial/industrial uses in the selected areas
as allowed by the General Plan.
RECOMMENDATION: Approve the revised Development Code Amendment DRC2003-01144
by adoption of the attached Ordinance and, by Minute action, authorize the Mayor to sign the
Revised Memorandum of (MOU) Understanding for the City.
BACKGROUND/ANALYSIS:
Development Code Amendment DRC2003-01144: This amendment would amend the
Development Code to allow, subject to a Conditional Use Permit, public storage facilities,
including outdoor RV parking in two limited locations of the Utility Corridor District. The two
locations are identified as SCE-1 and SCE-5 of the included MOU Map Exhibit attached hereto
for reference. This amendment is similar to the regulations that already exist for other locations
in the Industrial zoned areas that ara designated OS (Open Space), on which Utility Power lines
are located. The City has found that these types of uses are beneficial and reasonably
compatible with adjacent uses including residential. The related Conditional Use Permit
DRC2003-01130 (for a public storage facility on 5.38 acres in the Utility Corridor District, along
with outdoor RV parking, six storage buildings totaling 71,175 square feet, and a management
CITY COUNCIL STAFF REPORT
DCA DRC2003-01144 AND MOA DRC2005-00078
September 21, 2005
Page 2
office of approximately 1,430 square feet, located on the north side of Base Line Road, east of
Day Creek Flood Control Channel within the SCE power line corridor) was approved by the
Planning Commission on April 13, 2005, subject to the City Council approval of the required
Development Code Amendment DRC2003o01144. There was some neighborhood concern with
the public storage facility at the April 13, 2005, Planning Commission hearing (Exhibit B), and
although there was no appeal filed, the applicant (Southern California Edison Company)
requested that the Development Code Amendment be delayed in order for them to contact the
concerned residents. It is the applicant's request to proceed with the amendment and they
expressed that desire in a letter to Planning staff dated June 14, 2005 (Exhibit C).
Memorandum of Understanding DRC2005-00078: The City of Rancho Cucamonga (City) and
Southern California Edison (SCE) for several years have been engaged in discussions
regarding the desire of SCE to develop right-of-ways under ownership or jurisdiction of SCE
located within the corporate limits of the City of Rancho Cucamonga. In addition, the City has
planned for the use of portions of the SCE right-of-ways as community trails, parks, and/or
ancillary recreation related uses through the adopted General Plan. As a result, SCE and the
City have developed and further revised (based on testimony and direction received at the
previous City Council hearings) the attached City of Rancho Cucamonga - SCE Memorandum
of Understanding (MOU) of SCE's right-of-ways dated September 21, 2005, (Exhibit A) which
depicts SCE's right-of-ways and the land uses which the City and SCE desire to develop and
use on said right-of-ways.
Each of the proposed land uses depicted on the Master Plan, however, are subject to review
and approval actions including, but not limited to, General Plan Amendments, zone changes,
Conditional Use Permits, Development Review Permits, parcel maps, and building and fire plan
checks, depending upon the nature of the proposed land use and its location in the City.
The City and SCE recognize that should the SCE right-of-ways be developed according to the
land use depicted on the Master Plan, the development must occur in an organized manner,
and the projects must be consistent with the. City's General Plan, Zoning Ordinance, and all
other applicable regulations and policies.
Implementation of the City's Master Plan of Trails as depicted on the MOU Map Exhibit attached
for reference are, in general, conceptually appropriate for use within the portions of SCE
right-of-ways where each use is proposed.
Trails Advisory Committee: On February 9, 2005, the Trails Advisory Committee reviewed and
recommended approval of the SCE Memorandum of Understanding DRC2005-00078 as
presented.
Parks and Recreation Commission: On February 17, 2005, the Parks and Recreation
Commission reviewed and recommended approval of the SCE Memorandum of Understanding
DRC2005-00078 as presented.
Planninq Commission: Reviewed all the Applications on April 13, 2005, and approved or
recommended approval as applicable.
City Council: This project was reviewed by the City Council on July 20, 2005, and August 17,
2005, and was subsequently continued for further revision.
CITY COUNCIL STAFF REPORT
DCA DRC2003-01144 AND MOA DRC2005-00078
September 21, 2005
Page 3
CORRESPONDENCE: Based on concerns raised at the public hearings, the Applicant for
Power Storage has submitted additional documentation in the form of architectural drawings
including cross sections and computer projections of the view from residences that demonstrate
the storage development will not have a visual adverse impact.
CONCLUSION: Staff finds the proposed revised changes in the Development Code for the
subject application to be appropriate and an effective means for implementing the goals and
objectives of the General Plan. Proposed Memorandum of Understanding DRC2005-00078 will
encourage orderly development of the sites which will be consistent with the similar type
development throughout the City, and will assure the term trail of
appr. J~p~'ff~'~areas. - ~ long recreation use
Dan Coleman
Acting City Planner
DC:LH\ge
Attachments: Exhibit A - City Council Staff report dated August 17, 2005
City Council Ordinance for Development Code Amendment DRC2003-01144
Revised MOU and Exhibits
TH CITY OF
I~ANCHO C UCAMONGA
DATE: August 17, 2005
10: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Larry Henderson, AICP, Principal Planner
SUBJECT: 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 Files: Conditional
Use Permit DRC2003-01130 and Preliminary Review DRC2002-00704. Staff
has prepared a Negative Declaration of environmental impacts for consideration.
MEMORANDUM OF UNDERSTANDING DRC2005-00078 - CITY OF RANCHO
CUCAMONGNSOUTHERN CALIFORNIA EDISON - A Memorandum of
Understanding for the use of Southern California Edison Utility Corridors for
recreational trail use and some commercial/industrial uses in the selected areas
as allowed by the General Plan.
RECOMMENDATION: Approve Development Code Amendment DRC2003-01144 by adoption
of the attached Ordinance and, by Minute action, authorize the Mayor to sign the Memorandum
of (MOA) Understanding for the City.
BACKGROUND/ANALYSIS:
Development Code Amendment DRC2003-01144: This amendment would amend the
Development Code to allow, subject to a conditional use permit, public storage facilities,
including outdoor RV parking in the Utility Corridor District. This amendment is similar to the
regulations that already exist for other locations in the Industrial zoned areas that are
designated OS (Open Space) on which Utility Power lines are located. The City has found that
these types of uses are beneficial and reasonably compatible with adjacent uses including
residential. Related Conditional Use Permit DRC2003-01130 (for a public storage facility on
5.38 acres in the Utility Corridor District, along with outdoor RV parking, six storage buildings
totaling 71,175 square feet, and a management office of approximately 1,430 square feet,
located on the north side of Base Line Road, east of Day Creek Flood Control Channel within
CITY COUNCIL STAFF REPORT
DCA DRC2003-01144 AND MOA DRC2005-00078
August17,2005
Page 2
the SCE power line corridor) was approved by the Planning Commission on April 13, 2005,
subject to the City Council approval of the required Development Code Amendment
DRC2003-01144. There was some neighborhood concern with the public storage facility at the
April 13, 2005, Planning Commission hearing (Exhibit B), and although there was no appeal
filed, the applicant (Southern California Edison Company) requested that the Development
Code Amendment be delayed in order for them to contact the concerned residents. It is the
applicant's request to proceed with the amendment and they expressed that desire in a letter to
Planning staff dated June 14, 2005 (Exhibit C).
Memorandum of Understandinq DRC2005-00078: The City of Rancho Cucamonga (City) and
Southern California Edison (SCE) for several years have been engaged in discussions
regarding the desire of SCE to develop right-of-ways under ownership or jurisdiction of SCE
located within the corporate limits of the City of Rancho Cucamonga. In addition, the City has
planned for the use of podions of the SCE right-of-ways as community trails, parks, and/or
ancillary recreation related uses through the adopted General Plan. As a result, SCE and the
City have developed the attached City of Rancho Cucamonga - SCE Memorandum of
Understanding (MOU) of SCE's right-of-ways dated January 26, 2005, (Exhibit A) which depicts
SCE's right-of-ways and the land uses which the City and SCE desire to develop and use on
said right-of-ways.
Each of the proposed land uses depicted on the Master Plan, however, are subject to review
and approval actions including, but not limited to, general plan amendments, zone changes,
conditional use permits, development review permits, parcel maps, and building and fire plan
checks, depending upon the nature of the proposed land use and its location in the City.
The City and SCE recognize that should the SCE right-of-ways be developed according to the
land use depicted on the Master Plan, the development must occur in an organized manner,
and the projects must be consistent with the City's General Plan, Zoning Ordinance, and all
other applicable regulations and policies.
Implementation of the City's Master Plan of Trails as depicted on the Master Plan attached for
reference are, in general, conceptually appropriate for use within the portions of SCE
right-of-ways where each use is proposed.
Trails Advisory Committee: On February 9, 2005, the Trails Advisory Committee reviewed and
recommended approval of the SCE Memorandum of Understanding DRC2005-00078 as
presented.
Parks and Recreation Commission: On February 17, 2005, the Parks and Recreation
Commission reviewed and recommended approval of the SCE Memorandum of Understanding
DRC2005-00078 as presented.
Planninq Commission: Reviewed all the Applications on April 13, 2005, and approved or
recommended approval as applicable.
City Council: This project was reviewed by the City Council on July 20, 2005 and was
subsequently continued for further study. Staff will present an oral report detailing any new
information and/or study results on the project proposal during the meeting.
CITY COUNCIL STAFF REPORT
DCA DRC2003-01144 AND MOA DRC2005-00078
August17,2005
Page 3
CONCLUSION: Staff finds the proposed changes in the Development Code for the subject
application to be appropriate and an effective means for implementing the goals and objectives
of the General Plan. Proposed Memorandum of Understanding DRC2005-00078 will encourage
orderly development of the sites which will be consistent with the similar type development
throughout the City, and will assure the long term recreation trail use of appropriate areas.
Respectfully submitted,
City Planner
BB:/H\Is
Attachments: Exhibit ^ - City Council Staff report dated July 20, 2005
City Council Ordinance for Development Code Amendment DRC2003-01 '144
TH C I I Y OF
[
I~ANCHO CUCAHONGA
st Repor
DATE: July 20, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Bullet, City Planner
BY: Larry Henderson, AICP, Principal Planner
SUBJECT: 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 Files: Conditional
Use Permit DRC2003-01130 and Preliminary Review DRC2002-00704. Staff
has prepared a Negative Declaration of environmental impacts for consideration.
MEMORANDUM OF UNDERSTANDING DRC2005-00078 - CITY OF RANCHO
CUCAMONGNSOUTHERN CALIFORNIA EDISON A Memorandum of
Understanding for the use of Southern California Edison Utility Corridors for
recreational trail use and some commercial/industrial uses in the selected areas
as allowed by the General Plan.
RECOMMENDATION: Approve Development Code Amendment DRC2003-01144 by adoption
of the attached Ordinance and, by Minute action, authorize the Mayor to sign the Memorandum
of (MOA) Understanding for the City.
BACKGROUND/ANALYSIS:
Development Code Amendment DRC2003-01144: This amendment would amend the
Development Code to allow, subject to a conditional use permit, public storage facilities,
including outdoor RV parking in the Utility Corridor District. This amendment is similar to the
regulations that already exist for other locations in the Industrial zoned areas that are
designated OS (O~)en Space) on which Utility Power lines are located. The City has found that
these types of uses are beneficial and reasonably compatible with adjacent uses including
residential. Related Conditional Use Permit DRC2003-01130 (for a public storage facility on
5.38 acres in the Utility Corridor District, along with outdoor RV parking, six storage buildings
totaling 71,175 square feet, and a management office of approximately 1,430 square feet,
located on the north side of Base Line Road, east of Day Creek Flood Control Channel within
CITY COUNCIL STAFF REPORT
DCA DRC2003-01144 AND MOA DRC2005-00078
July 20, 2005
Page 2
the SCE power line corridor) was approved by the Planning Commission on April 13, 2005,
subject to the City Council approval of the required Development Code Amendment
DRC2003-01144. There was some neighborhood concern with the public storage facility at the
April 13, 2005, Planning Commission hearing (Exhibit B), and although there was no appeal
filed, the applicant (Southern California Edison Company) requested that the Development
Code Amendment be delayed in order for them to contact the concerned residents. It is the
applicant's request to proceed with the amendment and they expressed that desire in a letter to
Planning staff dated June 14, 2005 (Exhibit C).
Memorandum of Understandinq DRC2005-00078: The City of Rancho Cucamonga (City) and
Southern California Edison (SCE) for several years have been engaged in discussions
regarding the desire of SCE to develop right-of-ways under ownership or jurisdiction of SCE
located within the corporate limits of the City of Rancho Cucamonga. In addition, the City has
planned for the use of portions of the SCE right-of-ways as community trails, parks, and/or
ancillary recreation related uses through the adopted General Plan. As a result, SCE and the
City have developed the attached City of Rancho Cucamonga - SCE Memorandum of
Understanding (MOU) of SCE's right-of-ways dated January 26, 2005, (Exhibit A) which depicts
SCE's right-of-ways and the land uses which the City and SCE desire to develop and use on
said right-of-ways.
Each of the proposed land uses depicted on the Master Plan, however, are subject to review
and approval actions including, but not limited to, general plan amendments, zone changes,
conditional use permits, development review permits, parcel maps, and building and fire plan
checks, depending upon the nature of the proposed land use and its location in the City.
The City and SCE recognize that should the SCE right-of-ways be developed according to the
land use depicted on the Master Plan, the development must occur in an organized manner,
and the projects must be consistent with the City's General Plan, Zoning Ordinance, and all
other applicable regulations and policies.
Implementation of the City's Master Plan of Trails as depicted on the Master Plan attached for
reference are, in general, conceptually appropriate for use within the portions of SCE
right-of-ways where each use is proposed.
Trails Advisory Committee: On February 9, 2005, the Trails Advisory Committee reviewed and
recommended approval of the SCE Memorandum of Understanding DR02005-00078 as
presented.
Parks and Recreation Commission: On February 17, 2005, the Parks and Recreation
Commission reviewed and recommended approval of the SCE Memorandum of Understanding
DRC2005-00078 as presented.
Planninq Commission: Reviewed all the Applications on April 13, 2005, and approved or
recommended approval as applicable.
CITY COUNCIL STAFF REPORT
DCA DRC2003-01144 AND MOA DRC2005-00078
July 20, 2005
Page 3
CONCLUSION: Staff finds the proposed changes in the Development Code for the subject
application to be appropriate and an effective means for implementing the goals and objectives
of the General Plan. Proposed Memorandum of Understanding DRC2005-00078 will encourage
orderly development of the sites which will be consistent with the similar type development
throughout the City, and will assure the long term recreation trail use of appropriate areas.
Respectfull submitted,
City Planner
BB:LH\ma
Attachments: Exhibit A - Southern California Edison Memorandum of Understanding
DRC2005-00078
Exhibit B - Planning Commission Staff Reports and Minutes dated April 13, 2005
Exhibit C - Southern California Edison letter dated June 14, 2005
City Council Ordinance for Development Code Amendment DRC2003-01144
/73,
Memorandum of Understanding ("MOU")
Concerning the Development of Southern California Edison Right-of-Ways within
the Corporate Limits and Sphere .of Influence of the
City of Rancho Cucamonga
The City of Rancho Cucamonga ("City") and Southern California Edison ("SCE") for several
years have been engaged in discussions regarding the desire of SCE to develop Right-of-Ways
under ownership or jurisdiction of SCE located within the corporate limits of the City of Rancho
Cucamonga. In addition the City has planned for the use of podions of the SCE Right-of-Ways
as community trails, parks, and/or ancillary recreation related uses through the adopted General
Plan. As a result SCE and the City have developed the attached "City of Rancho Cucamonga -
SCE MOU - Master Plan" ("Master Plan") of SCE's Right-of-Ways dated January 26, 2005, and
attached hereto as Exhibit A, which depicts SCE's Right-of-Ways and the land uses which the
City and SCE desire to develop and use on said Right-of-Ways.
The City has reviewed the proposed uses depicted on the Master Plan and has determined that
the proposed uses are, in general, contextually appropriate to the location where each use is
proposed.
Each of the proposed land uses depicted on the Master Plan, however, are subject to review
and approval actions including but not limited to, general plan amendments, zone changes,
conditional use permits, development review permits, parcel maps, and building and fire plan
checks, depending upon the nature of the proposed land use and its location in the City.
The City and SCE recognize that should the SCE Right-of-Ways be developed according to the
land use depicted on the Master Plan, the development must occur in an organized fashion, and
the projects must be consistent with the City's General Plan, Zoning Ordinance, and all other
applicable regulations and policies.
After considering the community planning issues associated with the development of SCE
Right-of-Ways within the City the following understanding and considerations have been
determined:
1. The Land Uses depicted on the Master Plan dated January 26, 2005, are, in general,
contextually appropriate to the location where each use is proposed.
2. Each development project proposed by SCE will be subject to, and consistent with
the City's General Plan, Development Code, and all other applicable regulations and
policies.
3. Implementation of the City's Master Plan of Trails as depicted on the Master Plan
dated January 26, 2005 are, in general, conceptually appropriate for use within the
portions of SCE Right-of-Ways where each use is proposed.
4. Implementation of each City Recreation Facilities and/or ancillary use(s) shall be
subject to $CE's review and approval of individual License Agreements, which
includes the operating requirements and limitations of SCE.
uemora~niddm of Unt]ersta~dihg
City of Rancho:cbCamonga: '
Mayor 1/~lliam Alexander Dat~
S6Ufliem Califomia Edison:
'~'Manager ""~'
Real Estate Revenue Division
CorporateReal E~.~ l~partme~
EXH/BIT "A"
RANCHO CUCAMONGA - SCE MOA
RANCHO CUCAMONGA PROPOSED RECREATION SITES
RC- 1 A portion of SCE "fee owned" Right of Way (Lugo-Serrano 500kV
Transmission Line) located on the west side of East Ave. for use as a graded dirt lot for
special event parking up to twelve (12) times per year for equestrian related events
consisting of car, track and horse trailer parking.
RC - 2 A 2.00 - 3.00 acre portion of SCE "fee owned" Right of Way located on
the east side of the Day Creek Channel, north of the Wilson Ave. for use as an unpaved
parking lot for trail user(s) vehicles and possibly rest room facilities. It should be noted
that SCE is currently evaluating the future of, this property and the possibility of
disposition.
RC - 3 Trail use for existing 2.50-mile section of the SCE Right of Way (Lugo-
Serrano 500kV Transmission Line) consisting of SCE "fee owned" and "easement"
property east of the Day Creek Channel, north of 25th St. to the eastern City limits.
RC-4 Trail use for existing 1.77-mile section of the SCE Right of Way
(Etiwanda-Padua 220kV Transmission Line) consisting of SCE "fee-owned" property
north of Summit Ave., east of the Day Creek Channel to the northerly City limits.
RC- 5 Trail use for existing .90-mile section of SCE Right of Way (Middle
Lugo-Mira Loma 500kV Transmission Line) consisting of SCE "fee owned" property
northeast of the Day Creek Channel to the northerly city limits.
RC - 6 Trail use for a section of .58 mile of the SCE Right of Way ( Etiwanda-
Padua 220kV Transmission Line) consisting of SCE "fee owned" property south of
Almond St. and adjacent to Turquoise Avenue.
RC - 7 Trail use for a .68 mile section of the SCE Right of Way (Etiwanda-Padua
220kV Transmission Line) consisting of SCE "fee-owned" property north of Almond
Avenue and east and west of Carnelian Street.
RC - 8 Trail use for a 3.00 miles of SCE Right of Way (Etiwanda-Padua 220kV
Transmission Line) consisting of SCE "fee-owned" and "easement" commencing just
east of Hermosa Ave. along the northern City limits and ending at the easterly City limits.
6/29/2005 PAGE
EXHIBIT "A"
RANCHO CUCAMONGA - SCE MOA
SCE - CURRENT DEVELOPMENT SITES
SCE - 1 Power Storage
North Side of Baseline Rd. East of Rochester
8.00 acres (Self Storage)
Etiwanda - Pauda 220kV Transmission Line Right of Way
SCE - 2 Guardian Storage (Phase II
North Side of Arrow Route, East of Rochester Ave.
14.50 acres (Recreational Vehicle Storage)
West Lugo-Mira Loma 500kV Transmission Line Right of Way
SCE - 3 Allstate Recycling
East side of Etiwanda Ave, So~uth of Arrow Route
1.00 acre (Material Storage & Parking)
West Lugo - Mira Loma 500kV Transmission Line Right of Way
SCE - 4 R. Critchfield
North side of 4th Street, East of 15 freeway
6.00 acres (Self Storage)
West Lugo - Mira Loma 500kV Transmission Line Right of Way
SCE - FUTURE DEVELOPMENT SITES
SCE - 5 Future Site
South side of Arrow Route, West of 15 freeway
3.94 acres (Possible Uses: Commercial, Industrial or Mixed Use)
West Lugo - Mira Loma 500kV Transmission Line Right of Way
SCE - 6 Future Site
South side Foothill Blvd, west of Day Creek Channel
4.67 acres (Possible Uses: Commercial, Industrial or Mixed Use)
West Lugo - Mira Loma 500kV Transmission Line Right of Way
SCE - 7 Future Site
North side Foothill Blvd., West of Day Creek Channel
1.00 acres (Possible Uses: Commercial, Industrial or Mixed Use)
West Lugo-Mira Loma 500kV Transmission Line Right of Way
SCE - 8 Future Site
North side Foothill Blvd. to Baseline Rd., East of Day Creek Channel
36.00 acre (Possible Uses: Commercial, Industrial or Mixed Use)
Etiwanda-Padua 220kV Transmission Line Right of Way
6/29/2005 PAGE 2
/77
EXHIBIT "A"
RANCHO CUCAMONGA - SCE MOA
SCE - FUTURE DEVELOPMENT SITES - (continued)
SCE - 9 Future Site
South side Baseline Road, West of Day Creek Channel
+ 36.00 acres (Possible Uses: Horticulture / Agriculture)
West Lugo - Mira Loma 500kV Transmission Line.Right of Way
SCE- 10 Future Site
North side Baseline Road, West of Day Creek Channel
+ 20.00 acres (Possible Uses: Horticulture / Agriculture)
West Lugo - Mira Loma 500kV Transmission Line Right of Way
SCE - 11 Future Site
South side of Highland Ave., east of Orange Ave.
+ 15.00 acres (Possible Use: RV & Boat Storage)
Etiwanda-Padua 220kV Transmission Line Right of Way
6/29/2005 PAGE 3
· . r.,~] ~vECiAL EVlg,,iT DiRT PARKiN~
: ' PROPOSED 'I'RAL HEAD
· ~_~ 8CE TRAIL AG f?J~lE~rr 8EGM]
Exhibit A1 t 0 1 2 Miles C~ SCE EASEMEm'S
- ~[SCE FEE OWNED
Rancho Cucemone8 - SCE , · I. : . .~¥/ClTY BOUNDARY
THE CITY O'F
~ANCliO (~ I~ C A ti O'~I G A:
DATE:. April .13, 2005
TO: Chai~an and Membem ~ ~e Planning ~mmission
FROM: Brad Buller, C~ Planner
BY: ~ Hendemon, AICP, Pdndpal Planner
SU~ECT: ENVIRONMENTAL ASSESSMENT AND D~ELOPMENT CODE AMENDMENT
DRC2003~11~ - CI~ OF ~NCHO CUCAMONGA - A ~uest to amend Se~ion
17.16.030 use ~ulafions to allow public storage fadlifies, including outd~r RV
pa~ing, in the Ufll~ Condor Dis~ Related Files:. ~nditional Use Pe~it
DRC2003~1130 and Pmlimina~ Review DRC2002~07~. S~ff has prepared a
Negative De~amfion of environmental ~pa~ ~r ~nsidem~on.
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT
DRC2003~1130 - SOUTHERN CALIFORNIA EDISON - A ~uest for a public
storage facili~ on 5.38 a~es in ~e Utili~ ~dor Dis~ along ~th outd~r RV
pa~ing, six storage buildings totaling 71,175 square feet, and a manage~nt offi~ of
approximately 1,430 square feet to be Io~ted on the no~h side of Base Line Road,
east of Day Creek FI~ ~ntml Chan~el ~in ~e Edison power line ~dor -'APN:
1089~31-12. Related Rles: Development C~e Amendment DRC2003~11~, T~
Removal Pe~it DRC2004-00~7, and .Pmlimina~ Review DRC2002~7~. S~ff
has prepared a Negative Declaration ~ en~mn~n~l impa~ for ~nsidemfion.
PROJECT AND SITE DESCRIPTION:.
~ Pmje~ Densi~: ~e proposed proje~ is an outdoor' RV pa~ing and a public storage fadli~
on 5.38 a~es in the Utili~ Coffidor Distd~, ~nsisting of six storage buildings to~ling 71,175
square feel and a management offi~ 0f approximate~ 1,430 square feel
B. Su~undinR Land Use and ZoninR:
No~ ~ Va~qFUtili~dor
So~ - Base Line Road and Vaunt Lan~Open Spa~
East - Tempom~ Fire Station, Household Hazardous Waste Cotle~ion
Center~ow-Medi® Residential (4-8 dwelling uni~ per a~)
W~ Day Creek Fl~d ~n~ol Channel to the wesFO~n Spa~
PLANNING COMMISSION STAFF REPORT
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON
Apd113, 2005
Page 2
C. General Plan Desiqnationsi
Project Site - Flood Control/Utility Corridor
North' - Flood Control/Utility Corridor ..
South - Flood Control/Utility Corridor
East Low-Medium Residential (4:8 dwelling units per acre)
West - Flood Control/Utility Corridor '
D. _Site Characteristics: This site is a Southern California Edison (SCE) power line corridor with
permanent towers and transmission lines. The eastedy 35 feet is reserved for a futura
transmission line. Previously, the site was used as a landscape nursery with no Permanent
structures. The site topography falls from north to south at approximately 2 1/2 percent, and
drains to Base Line Road and then eastward towards an existing drain inlet. There ara two
mature trees near the southeast comer that ara proposed to be removed (DRC2004-00847).
E. ~culafions:
Number of Number of.
Type of Use. Spaces Required SpaCes Provided
Public storage 6 ' 12
ANALYSIS:
A. General: This project includes three components. The first is an amendment of Section
17.16.030 the Utility Corridor District use regulations to allow public storage facilities,
including Outdoor RV parking in the Utility Corridor District with a conditional use permiL The
second component consists of plans for a public storage facility.on. 5.38 acres in the Utility
Corridor District,' along 'with outdoor RV parking, six storage.buildings totaling 71,175 square
feet, and a management office of approximately 1,430 square feet, located on the north side
of Base Line Road, east of Day Creek Flood Control Channel within'the SCE power line
corridor. The third component, which does not requira Planning Commission action, is the
. processing of a Memorandum of Agreement between SCE and the City for the master
planning of future public recreation use and private commercial use of fee owned SCE
properties within the City.
Conditional USe Permit DRC2003-01130! The architectural, plans submitted ara of a high
quality design which meets the City's design guidelines and applicable General Plan POlicies.
The architectura design is MediterTanean with a strong tower element at the main entrance.
Building materials include decorative cornice, stucco Walls, ledger stone, wainscot, and
decorative block perimeter walls consistent with the adjacent Victoria Planned Community. ·
Development Code Amendment DRC2003-01144: 'This Amendment would amend :the
Development Code to allow, subject to a conditional use permit, public storage facilities,
including outdoor RV parking in the Utility Corridor District. This amendment is.similar to the
regulations that already exist for other locations in the Industrial zoned areas that are
designated OS (Open Space) on which are located Utility Power I nes, The City h~s found
that these types of uses are beneficial and reasonably compatible with adjacent uses
including rasidential.
PLANNING COMMISSION STAFF REPORT
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON
Apd113, 2O05
Page 3
B. Desi.qn Review Committee: The Committee recommended approval at its March 1, 2005,
meeting.'
C. · Technical Review Committee: The Committee recommended approval with conditions.
D. Environmental Assessment: Staff has prepared an Initial Study and has recommended a
Mitigated Negative Declaration of environmental impacts for consideration. Development of
the site. under the proposed land use change would not cause substantial adverse effects on
human being , either directly or indirectiy. The Initial Study identities construction-related
emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation
measures would further reduce emission levels.. Additionally, impacts resulting from air
quality would be short-term and would cease once construction activities were completed.
The Initial Study identitied potentially significant impacts associated with the exposure of
people to inCreased noise levels. Mitigation measures contained in this Initial Study will
ensure impacts am at less-than-significant levels in connection with the approval of the ·
component of this project which is the subject of the approval of the Conditional Use Permit
and by the .imposition of site-specific mitigation measures' on future applications for see
storage facilities in the Utility Corridor District.
FACTS FOR FINDING: See attached Resolutions for applicable findings.
cORRESP_~__ONDENCE: This item was advertised as a public hearing in the Inland Valley Daily
~ulletin newspaper, the property was posted, and notices were mailed to all property owners within
a 300-foot radius of the project site.
RECOMMENDATION: Staff recommends the Planning Commission adopt the Negative
Declaration' and approve the attached 'Resolutions approving Conditional Use Permit
DRC2003-01130 and recommending that the City Council approve Development Code
Amendment DRC2003-01144 and adopt the Negative Declaration. Final approval of the
Conditional Use Permit is contingent upon City Council approval of the Development Code
Amendment.
Respectfully submitted,'
City Planner
BB:LI-~ma
Attachments: Exhibit "A- . Location Map
Exhibit "B" - Site Plan
Exhibit "C" - LandScape Plan
Exhibit "D" - FlOOr Plan
Exhibit"E"- Elevations ..
Exhibit "F" - Initial Study
Drafat Resolution of Approval for Development Code Amendment DRC2004-01144
Draft Resolution of Approval for Conditional Use Permit DRC2003-01130
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POWER STORAGE RANCHO CUCAMONGA~ LLC PRELIMINARY ELEVATIONS ---~;,- ~
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" NORTH ELEVATION- BuILOING-B
$Offl'N ELEVATION BUILDING B, NOR~ AND
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POWER STORAGE RANCHO CUCAMONGA~ LLC PRELIMINARY FI rVATIONS =;~_~ ~ ~,v ~.~
RANCHO CUCAMONGA~ CA - G R 0 ti P
' G' 'i ENVIRONMENTAL
"' ',- ': ' .INFORMATI°N FORM
~,~o__.~, .. . (Part I - Initial'Study]
INCOMPI..~ t eApPUcATION$ WILL NOT BE PROCESSk'D. ' .... '
Please note eat it Is' b~e mspon,s~ll~ of the ~6aca~t te e .n,~m tJ
tbe applicatio~ i~ complete at ~ ~ of .submiltel; C~ ,&taft w~. ~ot be av~?able io ~ work r~md te provide ~
tntom~: ' , ?: . . ;' .~ · . .. . '..
8) lncJu'de a de$cifpUon of all permits which v~# be necessary from the City of R~ncho Cucamonga end other govemment~
agencies In order to ful~y implement U~e pmjecC . ..
and ~ matUre trees, tm~= ano road& ocainage cout=es, and scenic aspects. Descn~e any exlsnng sm.~tum$ on
~r~clud'~1 age end condition) and the use of ffie sbuciure~ A~tach photographs '~t ~i~niF~canf features ~ In ado~on,
site a~ ~li~,of info~meUon (l.e. ~o~ioal and/or hydrologic studie~ bloSc and e~heoJog~ ~urvey~
. a-u:q .e,N~d~FIN'AI ~F~RM"~'~",OUM'rEF~NITSTD1 .WPD 3/00 . Page 3
11)Describe any noise soutcqs and their leve~s t~at now affect the ~ite ~airc~aff. roadway noise, etC.) end how they will elfect
.vaII. msult fmm the ptc~oosed pmjecf. Indicate ff them em pmpo~d pheses for development, the extent of .c~ev.elopment l~ .
' .o~cur with each pha~e, and the antlclpated compleUon of each Increment. A~. ch addiUonal.slme~s) ff necee__~Jy:. ' ..
I3)Oe~n*be the sutmundin~ propetOe~ tnc~sn~ Infonnalion on plant~ ~ er~imals end any ctdlur~ ld~otfc~ o~' ~ '
.. ~ Ind*~cete the type of land u~e (m~iden#e& commen:te~ etc,), Inten~, ol land use (one-lan~, ~oa~ent
~ deper~nent r,~re,% e~.) a~d ~cale of development. (l~elght, frontage, ~etback, maryan~ e~.):
14) Wi~ tile pmposed pt~ject clmt~e the pattern, scale or character of the sutroundlr~ general area of lhe pmjec~
15) lnd}cate the type of .~x~t-tem? and long-term noi~e ~o be generated, incJu~ing .~Jrce and emourg How mTI U~e=e noi~. lev~l~
affect adjacent properlie$ and ~n-site u~e& What methods, of sound proofing am proposed?
· Lta/¢¢4 "
· ~'/--~tllK,,,.- .i' ' ' .. .. .' . '. '
M ~ ~_,ounty Water ~ et 9a7-2~91. '
b. Comme[ctaiqnd. (~81/day/ec) Peak u~e
Attaclr, ne~ A for usage estinmte~). For further clariFy. Eon, please contac~ the C,~a. monga ~ Water DL~tfict at
2~f. .. *.'.~ '
~ ~rg~Vd~ ........ . , . .'
"
· Attached wheiherunitsarerentalorf°rsaleun~s):. ,..
Sa~e P~e(a) to '. · $ ; ·
· , ~Repf [permon~) $ ,,,,., .. ,
=) Spe~/ ~m~r ofbed .=o~ ~
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COMJ/IERCIAL~ INDUSTRIAL AND INSTITUTIONAL PROJECT~ .
J' I - ~ ' ~' , ' I -' '
~ -" · . - ' · ' · · ~} '- ! ' ~! ' ' ·
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'26] Total floor area of commercial, Induskia~ or lnsffiuUona! uses by '
tjX: ..
.33) Exarr~le$ of hazardous ancYor toxic matedal~ include, but are not Iim~ed to I~c~ .~ ca~oacuve =u~$rance$; pe~. . oe.
her~i~:te.~; fulfil, ~[1.~, .~Vent$, and off, er flammable/;,quids and ga~e& ,4Jso note unotel~71ou~:l storage of ~91~y o[ D~e a~ov~.
** Please list the materials.and de,cnT~e their use, ~torage, dnd/or dlschatge on the properb/, as wee a~ th.e dates of u,~ ff
... ~matetfa/~,./nduo~ngtWtnott/m#eatot/n~eexamp/e$#,~teaam:n'eY t[ ye~, pm~oe en mvenmty ot aq *u~ m~w w~ w .
· ' ..
r~,.,Aedll~r, ltdal ~I:'fIRM.'~R("J'r)I JNTFRUNrrSTDt:WPD 3/00 .. ... ... Page
8
· .ATTACHMENT A ~ '
Water Usage '
. Average u~e per, d~ .'.
R~sldentlel
· '.' - Single F,~mily 600 gal/day.
·: Apt/Condo 400 gal/day
· comn~e rClal/InduStrlal
· ' ' General and Regional Commercial 3000 gaVday/a~ . : '
,. NeighbortKxx] Commercial ' .1500 gaVdayla~ .
~ G~neml IndusVml 1500 gal/dayla~
Indusirlal Park 3000 gal/day/m= ' ·
Peak Usage '
· . . . Average .use x 2.0 .. '*
Sewer Flows
Residential. : ·;
· . single Fant~y 270 gal/day
~ 200 gal/day. .
Commerclal/lndust~ * .
General Cornme~,; ' 2000 g~l/day/ac .' "
· . Neighborhood Commercial 100-1500 gal/day/ac ..
General. Industrial ' 2000 gal/day/a= : '
Heavy Ir~clusl~l · 3000 gaVdaylaF. · · ..
Source.; ' .C~ca. monga County Water Dlstdct Master Plan, 9/86
Page
. i..&pLANNiNG~F,NN, iFORIvI~U~U, .ITSTD 1.WPD. 3/00 '': ' " ' ' '../
· contact t~'~ school district for your area for amount and pa rrnent'.of school fees:
Ei~mentary School D~stri°tS . :..
.9350 Base Line Road, 8ulta F · * ' *
Rancho Cucarnon~a,. CA 917;30 ....
10601 Church Slmet,.$u~ 112
· ' Rancho Cucamonga, CA 91730
· (909) mlg-es41 .. ..
8776 ,Archibald Avenue . ·
Rancho Cucarnongm, CA 91730
· (909) 987.8942 · *
E~an~a .'
· 5959 East AvenUe
Ontado, CA 9176~
VALLI
ARCHITECTURAL
GROUP
DEVELOPMENT PROPOSAL
POWER STORAGE i~NCHO CUCAMONGA, LLC
' ' pROJECT NO. 01-260
COLUMBIA, SUITE200 ALISOVIEJO, CA92656 PH:949-349-17/-7 FAX:949-34.~1778 E'MAIL.:mall~valliarch.corn
July 14, 2003
City of Rancho Cucamonga
Community Development Department
10500 Civic. Center Drive ' ..
Rancho Cucamonga, CA 91730
Re: . Power Storage Rancho Cucamonga, LLC'
Project No: 01-260
We would like to request YOur approval of a conditional Use Permit. for the proposed 72,843
square feet self storage facility consisting of a 71,408 square feet of self-st0rage, 1,435 square
feet management, office, and outdoor RV parking spaces.
The Site
The. site is on the northerly side of Baseline Road between the streets Rochester Avenue and
Day Creek Blvd. The western property line lies 30 feet east of the easement for the Day Creek
Channel. Currently, the site Is being used as a nursery with no permanent structures. The
existing sheds are dated and have no foundations.
· The site topography Is relatively fiat, and it falls from the north to the south at approximately 2.5
%. The site currently drains to Baseline Road.
Benefit to the Community
The project objective is to provide a quality self storage facility that will better serve the needs
of the community. The demographics of the tenant profile for this include local business
professionals who usually store records and office equipment, home based businesses, and
households within the community.
Self storage projects have proven to be ~xcellent neighbors both for commercial and residential
neighbors alike. It requires minimum city services from water, sewer, police and fire
departments. It adds minimum traffic.to the neighborhood as most storage tenants vise their
unit'during off-poak .hours and on weekends. It also brings to the city a much needed tax base.
MinimUm Traffic impact
According to the Institute of Transportation Engineers (ITE), self-storage generates the lowest'
level .of traffic commercial,, retail, office or industrial land uses.
Self-storage peak hours vehicle tdp rate is 0.17 trlps/l',000 SF to 0.258 trips/l,000'SF. 'For this
project this data translates to 11.5 to 17.5 vehicle trips at peak hour use periods. This happens
usually in the mornings dudng the week. The average traffic generated (14.5 peak hour vehicle
trips) during a nine hour weekend business day would total less than 130 trips/day with four·
employees.
The new building addition with its traditional Califomla architecture will greatly enhance the
overall character of the facility, bdnging a much needed improvement to the Baseline Road
street scape.
The building is well articulated. Its design incorporates various roof heights and masses,
projections and recessed wall planes. Further interest is created through the use of different
building materials, such as stucco and mission tile roofing, and architectural details and colors.
The state-of-the-art design will elevate the Standards for new development in the area and
serve as a catalyst for other quality developments.
~ ·
Current operation hours will be kept. The office will typically be open from 8am to 6pm from
Monday to Sunday.
There will be 2 to 4 employees working at the site. Two employees'will work at the facility during
business hours, occupying the office at all times from opening to dosing.
The new self-storage addition will boast a 'new state-of the-art security system with individual
door alarms,, security Cameras. and an infrared alarm system. The site will also have a new
computerized gate system.
· ~umrnall/
The proposed Power StOrage facility will be a modem aesthetically pleasing project with state-
of-the att security systems. It will be a major benefit to the community with minimum Impact to
existing public util!tles, services and traffic.
Conc us '
We respectfully submit the proposed addition for your review and'request YOur approval of a
Conditional Use Permit.
Ariel L. VallJ
President, Valli Architectural Group
· POWER STORAGE RANCHO CUCAMONGA, LLC PHOTO LOCATION PLAN .~_ ~ tQ ~
· RANOHO b"UG~MONGA~ ~A · . .~.,.4~ ~. ~ ~ G R O U P
· . ,.. ~--~,=~," ~
City of Rancho Cucamonga'
ENVIRONMENTAL CHECKLIST'FORM
INITIAL STUDY ·PART
BACKGROUND
1. Project File.' Development Code' Amendment DRC2003'01144 and ConditiOnal Use Permit
DRC2003-01130
2. . Related Files: Tree Removal Permit DRC2004-00847 and Pralimina Review DRC2002-00704
3. Description of Project: A request to amend section 17.16.030 the Utility Corridor District use
~'egulations to allow public storage facilities, including outdoor RV parking and a .request for a public
.storage facility on 5.38 acres in the Utility Corridor District, along with outdoor RV parking, six
storage buildings totaling 71,175 square feet, and a management office of app_roximately 1,430 · ·
square feet to be located on the north side of Base Line Road, east of Day Creek Flood Control
Channel within the Edison power line cqrridor - APN: 1089-031-12.
4. Project Sponsor's Name and Address: '
Southern Cal;fomia Edison.
Michael Orduno, CCIM Land Development Manager
14799 Chestnut Street
Wastrnln~ta~, CA 92683 ' ' '
.. 5. · General Plan Designation: Flood Control/Utility Corridor. ....
0. Zoning: Utility Corfld°r.
· 7. Surrounding' Lend uses and Setting: Utility Corridor to the north, Day Creek Flood Control . .
Channel 'to the west, TemPOrary Fire Station, Household 'Hazardous Waste Collection Center, and
· Flood Control District Maintenance. Facility to tne east, Base Une Road and Utility Corridor to' the
8. Lead Agency Name and Address:. '.'
City of Rancho Cucamonga ' ' .. ...
Planning Department
10500 Civic Center Drive ' ..
Rancho Cucemonga, CA 91730
0. Contact Person and Phone Number:.. - · Larry Henderson, AICP, Principal Planner
· (909) 477-2750 .-
10. Other agencies whose approval Is required. (e.g., permits, financing app~;ovei, or
partlblpation agreement): California Public Utilities Commission
GLOSSARY -The following abbreviations are used In this report:.
CVWD - Cucan~.onga Valley Water District
EiR- E~vimnmontal Impact Report - ..
'FEIR ~ Final Environmental Impact Report
NPDES - National Pollutant Discharge Elimination System
NOx- Nitrogen Oxides
ROG - ReactNe Organic Gases..
PM?o - Fine Particulate Matter
· RWQCB - Regional Water Qual~y Control Board
SCAQMD- South Coast Air Quality Management District
SWPPP- Storm Water Pollution Prevention Plan
URBEMISTG - Urban Emissions Model 7G
Initial Study for City of Rancho Cucamonga
DRC2003-0.1130· Page 2
ENViRoNMENTAL FACTORS POTENTIALLY AFFECTED .
The environmental factors checked below would be potentially affected by'this. PmjeCt,'lnvolving at least
one impact that is a.'Potentially Significant Impact,' 'Potentially Significant Impact Unless Mitigation
Incorporated~' or "Less Than Significant Impact' as indicated by the checklist on the following pages.
B ological Resources (X) Cultural Resources (X) Geology & Soils ..
Land Use & Planning.
Hazards & Waste Materials (X) Hydrology & Wata' Quality ( )
Mineral Resourcas ' ' (X) Noise ' . & Housing
Public Se~ ( ) Recreation ( ) Transporlaflon/Tmffic
Utilities & Service Sy~fams ( ) Mandatory Findings of Significance
· DETERMINATION · · ·
On the basis of this Init.Iai evaluation:
( ) I find that the pmpo-~ed project cOULD NOT have. a significant effect on lite environment. A
NEGATIVE DECLARATION will be prepared.
tOO I find that although the proposed project could have a significant effect on the environment, ~here
will not be a significant effect' in thts case because revisions in the pmject'have been made by, or
agreed to, by the.proJect, pr.oponenL A MmGATED NEGATIVE DECLARATION will be prepared..
() I find that the proposed project 'MAY have a significant effect on the enVironment, and. an
ENVIRONME.NTAL IMPACT REPORT is requlrad.
() I find flint the pmP°Sed Project MAY have a 'Potenfl.~lly Significant Impact" or 'Potentially
' SignifiCant Unless Mitigated' Impact on the environment, but at least' one effect 1) has been
adequately analyzed In an earlier document pursuant to applicable legal standard and 2) has been
addressed by mitigation measures based on the eadier analysis as described on attached sheafa.
An ENVIRONMENTAL IMPACT REPORT Is required, but It must analyze only the effects that
remaIn to be addressed.
() '1 find that although the Proposed project could have a significant effect, on th~ envlrenment,
because all potentially significant effects 1) have been analyzed adequately In an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and. 2) have been avoided or
mitigated pursuant'to that earlier EIR or NEGATIVE DECLARATION, Including revisions or
mitigation measures that are imposed upon the proposed project,, nothing further Is required.
pmpored~~,~
Initial Study for City of Rancho cucamonga
DRC2003-01130 ~ Page 3
EVALUATION OF ENVIRONMENTAL IMPACTS
t. AESTHETICS. Would the project: ' ' ( ) ( ) ( ) ~ (V) .*
. a) Have a substantial affect a sCenic vista?
b) Substantially damage scenic resources, including, · ( ) ( ) · . ( ). (v')
but not limited.to, lrees, rock outcroppings, and
historic buildings within a State Scenic Highway? . . ' ' '
c) · ~ Substantially degrade the existing visual character ( ) ( ) ( ) ~ (v')
or quality of the site and Its surroundings?
· d) . Create a new source of substantial light or glare, () ( ) ('/)( )
which would adversely affect day or nighttime
views In the area?
a) There are no significant vistas within or adjacent to the project Site. The site is not within a
vew corridor according to General Plan Exhibit 111-15.
b). The project site contains no scenic*resources and no historic buildings within a State Sconic
· . Highway. There are no State Scenic H ghways within the City of Rancho Cucamonga.
'c) The site is located on'the north Side of Base Line Road, east of Day Creek Flood Control
· Channel within the Edison power line corridor and is characterized by a mix of residential,
utility, and institutional development to the norin, south, east, and west. The visual quality of
the area will not degrade as a result of this. project. Design review Is required prior to
approval. City standards reqUire *the developer to underground existing and new utility lines
and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures
in accordance with Planning Commission Resolution N0. 87-96, unless exempted by said
d) The project would increase the number of strestiights and security lighting used in the
immediate vicinity. The design and placement of light fixtures will be shown on-Site Plana
which require review for consistency with. City standards that requires shielding, diffuelng, or
indirect lighting to avoid glare. Lighting will be selected and located to confine the area of
illumination to within the project slte~ The impact Is not considered significant.
2. AGRICULTURALRESOURCE$. Would the project: .. () (*) (v') ' ()
a) Convert Prime Farmland, Unique Farmland, or
Farmland 0f Statewide Importance (Farmland), as
' ' shown, on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
Celifomla Resources AgenCy, to non-agricultural
use?
. b) Conflict with existing zoning for agricultural use, or ( ) · ( ) ( ) . (v')* .
a Wlillamson Act centra~'~
· c) Involve other changes in the existing environment, ( ) ( ) ( )' (v').
which, due to their location or nature, could result In
conversion of Farmland, to non-agricultural use?
a) The site is nOt designated as Prime Farmlands, Unique Farmland, or Farmland of statewlde'
Importance. The sta s ocated.on approximately 6.48 acres of land.and Is characterized by_ ,~,g~2
Initial Study for City of Rancho Cucamonga
DRC2003-01130 . Page 4
utifity corridor development to the north and south, institutional use {0 the east, and flood
control channel to the west. There are approximately 1,300 acres of Prime Farmlands,
Unique Farmland, or Farmland of Statewide ImPortance'within the City' of Rancho
· Cucamonga, of which ·about one-third is either developed or committed to development
· ac. cording to General Plan Table IV-2. The major concentrations of designated farmlands are
located In ~he Southem and eastern Portions of our City that is characterized by existing and
planned developmenL Further, two-thirds of the designated farmland parcels are small,
ranging from 3 acres to 30 acres, and their'economic viability is doubtful; therefore; they are
.not intended to be retained as farmland in the General Plan Land Use Plan. The General
Plan Final Environmental ImPact Report (FEIR) identified the conversion of farmlands to
urban Uses as a significant unavoidable adverse impact for which a Statement of Overriding
Con~lderations was u/timately adopted by the City Council. The proposed project is
consistent with the.General Plan for which the FEiR was prepared and impacts, evaluated.
b) There is no agriculturally zoned and'within the .City Of Rancho Cucamonga. There are no
Williamson Act contracts within the City;
c) The site Is located on approximately 6.48 acres of and and is characterized by utility'corridor
development, and to utility corridor development to the north and south, Institutional use to
the east, and flood control channel to the'west. The nearest agricultural use Is more than
% mile east from the project site. Therefore, no advera~.lmpacts are antlclpatod~
3, AIR QUAUTY. .Would the project: . ' () · (). '()
a) Conflict with or obstmct'lmplementaUon of the.
appllcabis air quality plan?
b) Violate any air quality standard or con~bute () (v') ( ) ()
substantially to an existing or projected air quality
violation?
c) Result In a cumulatively considerable net increase ( ) ( ). ( ). (v')
· of any criteria pollutant for which the project region
IS non-attainment under an applicable. Federal or
State ambient air quality, standard (including
: releasing emissions that exceed, quantitative -
thresholds for ozone precursors?
· d) ~ Expose sensitive receptara to substantial pollutant ( ) (,/) () ( )
concentrations?
e) Create obJectionable odors affecting a substantial ( ) ( ) ( ) (~)
number of people?
a) As noted in the General Plan FEIR (SectiOn 5.6), continued development will contribute to the
pollutant'faveis In the Rancho Cucamongaarea, which already exceed Federal and State
standards. The General Plan FEIR identified .the cltywlde InCrease In emissions aa .a.
significant unavoidable adverse Impact 'for which a Statement .of Overriding Cons derations
was ultimately adopted by ~he City. Council: The. proposed project is consistent with the
General Plan for which the FEIR was prepared and Impacts e~aluated, .
b) During the constructi°n phases of development, on-site-stationary sources, 'heavy-duty
construction vehicleS, construction worker vehicles, and energy use will generate emissions.
In addition, fugitive dust would also be generated during grading and construction actlyltfas.
While most of the dust would settle on or near the project site, smaller particles would remain
in the atmosphere, Increa'sing particle levels within the surrounding area. Construction Is an
on-going Industry In the Rancho Cucamonga area.. Construction workers, and equ!pment
Initial StudY for . City of Rancho Cucam0nga
DRC2003-O1130 Page 5
work and operate at one development site until thelr taSks are complete. They then transfer
to a different site where the process begins again. Therefore, the emissions associated with'
c~nstnJction activities are not new to the Rancho Cucamonga area and they would nOt violate
· an air quality standard or worsen the existing air.quality in the region. Nevertheless, fugitive
dust and equipment emissions are required to be assessed by the South Coast Air Quality
Management District ($CAQMD) on a project-specific basis. Therefore, the following
· mitigation measures shall be implemented to reduce impacts to less-than-significant levels:.
~i) All construction equipment shall be maintained In g0od operstlng cenditlorl se
as to. reduce operational emtssiona. The contractor shall ensure that all
construction equipment Is being properly serviced and maintained ss per
manufacturers' specifications. Malntananca records shall· be available at the
construction site for City verlflcaflorl
2) Prior io the Issuance of any Grading permits, the developer shall submit
construction plans to the City denoting the proposed schedule and projected
'equipment use. construction contractors shall provide evidence that
Iow-emission mobile construction equipment will be utilized, or that their use
Was Inyestlgated and found to be Infeasible for the project. Contractors shall ..
also conform to any construction measures Imposed by the South CoaSt Air
Quall~ Management District (SCAQMD) aswell as City Planning staff.
. · 3) AiI.Palnta and coatings shall meet or exceed performance standards noted In
$CAQMD Rule tt13. Paints and coatings shall be applied either by hand or
high-volume, Iow-pressure spray. ' ·
4) Ail asphalt sha!l meet or exceed performance standards noted In SCAQMD Rule
5} All construction equipment shall comply with SGAQMD Rules 402 and 403.
.Additionally, contractors shall Include the following provisions: * ·
· Reestablish ground cover on the const~uction alta through seeding end
watering.
· Pave or apply gravel to any on-site haul roads. . ~
· Phase grading to. prevent the susceptibility of large areas t0 erosion over . .
extended periods of time. · '
· Schedule aCtlvltica to minimize the' ~mounts of eXposed excavated soil
during and afte~- the .end of work periods. . .
· Dispose of surplus excavated material In accordance with local ordinances
and uss.sound engineering practices.
· ' Sweep streets 'according to a schedule establlshed by the City' If slit. la
can'ied 'over' to adjacent public thoroughfares or ocaurs as a result of
hauling. Timing may vary depending upon the time of year of construction.
, Suspend grading operations during high. winds (I.e.,i'wind speeds
excae.dlng 25 mph} In accordance with Rule'403 requirements.
· Maintain a minimum 24-Inch freeboard ratio on soils haul trucks or cover
payloads using tarps or other suitable means.
6) The site shall be treated with water or other soil-stabilizing.agent (approved by ..
$CAQMD and Regional Water Quality Control Board [RWQCB]} dally to reduce
Initial Study for Cit7 of Rancho Cucamonga
DRC2003-01130 Page 6
T) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to
ail Inactive construction areas that remain Inactive for.96 hours or more to
reduce PM~o emissions.
8) The c°nstructlon contractor shall· utilize electric or clean alternative
· fuel-powered equipment where feasible. ·
g) 'The' construction contractor shall ensure that ~onstructlon grading plan~ Include
' a statement that work crews will shut off equipment when not In use.
· . After Implementaiion of the preCeding mitigatiOn measures, shod-term construction elr
· quality emissions would remain sign/ficant as noted in the General Plan FEIR (Section
5.6). Based Upon the Urban Emissions.Model 7G (URBEM S7G) model estimates In
Table 5.6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases
(ROG), and Fine PartiCUlate Matter (PM~o) would exCeed SCAQMD thresholds for
significance; therefore, would all be CUmulatively significant If they cannot be mitigated
on a project basis to a level less-than-significant. The General. Plan FEIR Identified the
citywlde Increase In emissions as a significant unavoidable adverse Impact for which a
Statement of Overriding Considerations was ultimately adopted by the City Council. '
In the long-term, ·development consistent with the General Plan' WOuld result In
significant operational vehicle emissions based .upon the uRBEMISTG model
estimates in Table 5.6-4 of the General Plan FEIR; therefore, would all be cumulatively
slgnifiCent if they cannot be mitigated on a project basis to a level less-than-significant.
The fo!lowir)g mitigation measures shall be Implemented:
10) All Industrial and commercial facllltlea shall post signs requiring that tru~ks shall
not be left idling for prolonged periods (I.e., In excess of 10 minutes).
11) All Industrial and commercial facilltlea shall designate Preferential Parking for
vanpoolL
· 12)' Ali Industrial end oomrnerolal site tenants with SO or more employees shalt be
required to post both bus and Metroltak sohedulse in consplououe srea~.
· 13) All Industrial and oommerclal sits tenants with SO or more employees shall be
required to Gonfigure their operating aGhedulse around th~ Metrolink schedule to
the extent reasonably feasible.
t4) All residential and commercial structures Shall be required fo Incorporate-
high-efflclency/fow-polluting heating, air conditioning,, appI!anca$, and water
heaters...
15) All residential and commercial structures shall be required fo Incorporate
thermal pane windows and weether-strlpplng. . .
After implementation of the preceding mitigation measures, the General Plan' FEIR
Identified the citywide increase In operational emissions as a significant unavoidable
adverse impact for which a Statement of. Overriding Considerations was ultimately
adopted by the City Council ....
c) As noted In the General Plan FEIR (Section 5.6) continued development would contribute to
the pollutant levels In the Rancho Cucamonga area, which already exceed Federal and State
standards. The General Plan FEIR identified the citywide Increase in emissions as a
significant and adverse impact for which a Statement of Overriding Considerations was
Initial Study for City of Rancho Cucamonga
DRC2003-01130 .. ~; Page 7
ultimately adopted b~ the Clty Council. The project proposed is consistent with the General
Pla. n for which the FEIR was prepared and impacts evaluated.
d) Sensitive receptors are defined as ·poPulations that' are. more susceptible to the effects of
pollution than the population at large. The SCAQMD identifies the following as sensitive
receptors: long-term health core facilities, rehabilitation 'centers, convalescent centers,
· retirement homes, residences, schools, playgrounds, child care centers, and athletic'facilities.
According to the SCAQMD, projects have the potential to create Significant Impacta' If they
are.located within % mile of sensitive receptors and would' emit toxic air contaminants
· Identified in SCAQMD Rule 1401. According to the SCAQMD, projects have the potential to
· ~reate significant impacts if they are Iocatedwithln % mile of sensitive receptors and would
' emit toxic air contam[nante Identified in SCAQMD Rule 1401. The project site Is located
within % mile from the nearest sensitive receptor, single-family residences to the west and
north, The mitigation measures listed under b) above will reduce Impacts to a level of
lesS-than-significant.
e) Typiceily, the uSes proposed do not creaie objectionable edom. No adverse Impacts are
anticipated. ..
4, BIOLOGICAL RESOURCES. Would, the project: ( ) · ( ) ( ) (v')
a) Have a substantial adverse effect, either directly
through habitat modifi~atioes, on any species
'' Identified as a candidate, sensitive, .or' special
status species in local or regional plans, policies, or .
regulations, or by the California Department of FIsh
and Game or U.S; Fish and Wildlife Service?
b) Have a substantial .adverse e,,=u~ on dperian () (.) () .(v')
habitat or' other sensitive natural community ·
Identified In local or regional plans, policies, or
regulations or by the California Department of Fish ·
· and Game or US Fish and WildlIfe Service?
c) Have a substantial adverse effect on .federally () (). () (v')
protected wetlands as defined by Section 404 of
the Clean Water Act (including, but not limited to,
· marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
d) Interfere substantially with the movement of any ( ) ( ) ( )' ' (~')
native resident or migratory fish or wildlife species
or .with established native resident or migratory
.' wildlife, corridors, or impede the use of. natiVe .'.
wildlife nursery sites?
e) Conflict' with any local policies or ordinances () . () () ..
protecting biological resources, such. as a
preservation policy or ordinance?
f) Conflict with- the provisions of an' adopted Habitat .( ) ( ) ( ) (v')
Conservation Plan, Natural Community
conservation Plan, or other approved local,
regional, or State habitat conservation plan?
e). The project site is located In an' area developed With Utilities and Institutional uses. The site
has been previously disrupted, during previous use as a Nursery and disclng for weed
Initial Study for. (~ity of Rancho Cucamonga
Page 8
DRC2003-01130 .
abatement. According to the General Plan Exhibit IV-3, and SectiOn 5.3 of the General Plan
FEIR, the project site is not within an area of sensitive biological resources; 'therefore,
development will not adversely affect rare or endangered species of plants or animals
because of the fact that the pmjest is surrounded by urbanized land uses and is consistent
with the General Plan Land Use Plan. ·
· b) The project site is located in an urban area with no natural Communities..No riparian .habitat
existS on-site,·meaning the project will not have any Impacts. ~ .
c) No wetland habitat is present on,site. As a result, project implementation would have no
impact on these resources.
d) The majority of the surrounding ama has been oi' is being developed, thereby disrupting any
wildlife corridors that may have existed. No adverse impacts are anticipated.
e) There ara two heritage trees near the southeast comer of the project site. The proposed
project design includes over a dozen new trees along street frontage. The applicant.has filed
a reques! for Tree Removal Permit DRC2004-00847..
f) The project site is not located within a conservation area- according to the General Plan,
Open Space and ConserVation Plan, Exhibit IV-4. No conflicts with habitat conesrvatiou
plans' will occur.
S. CULTURAL RESOURCES. Would the project: ( ) ( ) ( ) · (v')
a) Cause a substantial adverse change in the ..
significance of a historical resource es defined in
§ 15064.5?
b) Cause a substantial adverse change, in the () (,/) () ' ()
significance of: an archaeological resource
pursuant to § 15064.5? · ·
c) Directly or indirectly destroy a unique ( ) (v') ( ) ( )
paleontological resource or site or unique geologlo
d) Disturb any human· remains, Including those () (). () (v')
interred OutSide of formal cemeteries?
a) The project site has not been Identified as a "Historic Resource' per the standards of Rancho..
Cucamonga Municipal Code Section 2.24 (Historic PreserVation). Them.will be no Impact.
b) There are no knoWn archaeological sites or resources recorded, on 'file pr°Ject site; hoWeVer,
the Rancho Cucamonga. area Is known to have been 'inhabited' by Native AmericanS
according, to the General Plan FEIR (Section 5.11). Construction activity, particularly
grading, soil excavation, and compaction, could adverseiy affect or eliminate existing and
potential archaeological resources. The following mitigation measures shall be implemented!
'1) If any prehistoric archaeological resources are' encountered before or during
grading, the. developer Will retain a ¢luallfled archaeologist to monitor
· construction activities, to'take appropHate measures to protect or preserve thent.
for study. With .the assistance of the archaeologist, the .City of'Rancho
Cucemonga will: :
Initial Study for City of Rancho Cucamonga
DRC2003-01130: · Page 9 ·
' · Enact Interim measures to protect undesignated sites .from demolition or
significant modification without an opportun ty for.the City to establish Its
archaeological value.
· Consider establishing provlslons to requlre Incorporation of archaeological
sites wlthln new developments, using their special qualifies as a theme or
focal point. .. -
· Pursue educating the.public about'the area's archaeological he. ritage~ .
· I~ropese mitigation measures and recommend conditions of approval to
eliminate adverse project effects on slgniflcant, Important, and Unique
prehistoric resources., following appropriate CEQA guidelines;:
· prepare a technical resou~caS management report, documenting the
Inventory, evaluation, and proposed mitigation of resources within the
project area. 'Submit one copy of the completed report 'with original
Illustrations, to the San. Bemardlno County Archaeological Information
Center for permanent archlvlng..
c) The General Plan FEIR (section $.1'1) indicates that the.RanCho cucamonga area Is on an ·
· alluvial fan. According to the San Bemardino County database, no paleontological sites or
resources have been recorded within the City of Rancho' Cucamonga or the sphere-of-
influence, including the project site; however, the area has. a high sensitivity rating for~
paleontological resources. The older alluvium, which would have been deposited during the
wetter climate that prevailed 10,000-100 000 years ago during the Late Pleistocene epoch
the Quatamary period, when the last "Ice Age' and the appearance of modem man occurred,
may contain significant vertebrate fossils. The project site is underlain by Quaternary
alluvium per General Plan Exhibit'V-2; therefore, the following mitigation measures, shall be
Implemented..'.
'2) A qualified paleontologist shall conduct a prec0nstructlon field survey of the
project site. The paleontologist shall submit a report of findings that will els° .'
provide specific recommendations regarding further mlfigation measuroe (I.e.,
paleontol0glcal mon tor!ng) that may be appropriate. Where mitigation
·. monitoring Is app~'oprta~e, the program must Include, but not be limited to, the
following measures:
· Assign a paleontological monitor, trained and equlpped to allow the rapid
removal of fossils with minimal construction delaY, to the site full-time'
during the Interval of esrth~dlsturbing actlv, itlea.
· Should fossils be found within an area being cleared or graded, dlve~t · .
earth,disturbing activities elsewhere until the monitor has completed
Salvage. If constructlon~personnel make the.. disC°very, the grading
contractor should Immediately divert construction and notify the monitor
· . . · , of the find. '
· Submit a summary report to the City of Rancho Cucamonga. Transfer
collected specimens with 'a copy of the report to. the San Bernardino.
~ County Museum.'
d) .The proposed project is In an area that has already'been disturbed by developmenL The
' .project site has already been disrupted by previous use as a Nursery, and construction of
infrastructure and surrounding develOpments/annual disclng for weed abatement. No known
religious or -~acred sites exist within the project area. No evidence is In place to suggest the
project site has bean. used for human burials. The' Califomla Health and Safety Code
(Section 7050.5) states that if human remains are discovered on-site~ no further disturbance
shall occur until the County Coroner has made a determination of origin and disposiflo~z~;~
Initial Study for City of Rancho Cucamonga
DRC2003-01130 ' Page 10'
pursuant to Public Resources Code Section 5097,g8; As adherence to State regulations is.
required for all development, no mitigation is required in the unlikely event human remains
are discovered on-site, No adveme impacts are anticipated,
6. · GEOLOGY AND SOILS. Would the pmje~.. '
'a) Expose people or structures to potential substantial
adverse effects, including the risk of loss,, injury, or
· .death involving:
I) Rupture of a known earthquake fault, as ( ) ( ). ( ) ('/)
delineated on the most recent Alquist-Prlolo
Earthquake Fault Zoning Map Is'sued by the
'State Geologist for the area or based on
other substantial evidence of a. known fault?
Refer 'to Division of 'Mines and Geology
Special Publication 42.
il) Strong seismic ground shaking? ( ) ( ) ( ) ('~')
ill) Seismic-related ground failure, including ( ) ( ) ( ) ('")
liquefaction?
Iv) Landslides? (
b) Result in substantial soil 'erosion or the .loss of ( ) (v') ( ) ()
topsoil?
c) Be located on a geologic unit or soil .that is ( ) ( ) ( ) (~')
unstable, or that would become unstable as a result
of the project, and potentially result In on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse? *
d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (
18-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the ( ). ( ) ( ) (v')
use of septic tanks or altemative wastewater
disposal systems where sewers are not available ..
for the disposal of wastewated/
a) - NO known faults pass through the site and It Is not In an Earthquake Fault Zone, nor IS it In'the
Rancho Cucamonga Cily Special Study Zone along the Red Hill Fault, ac(;ording to the General
Plan Exhibit V-l, and Section 5.1 of the General Plan FEIR. The Red Hill Fault, passes within
1.04 miles north of the site, and the Cucamonga Fault Zone Iies approximately 3.36 miles north.
These faults are both capable of producing My, 6.0-7.0 earthquakes. Also, the San Jaclnto fault,
capable of producing up to M,, 7.5 earthquakes, Is 8 to 10 miles northesstedy of the site and the
San Andre. as, capable of up'to M,, 8.2 earthquakes, is8 to 10 miles nodheastedy of the site. ·
Each of these faults can produce strong groundshaking. Adhedng to the Uniform Building Code
will ens .ute that geo!ogic impacts are less-than-signlficanL
The proposed project will require the excavation, stockpiling, and/or movement of on-site
soils. The Rancho Cucamonga area Is subject to strong. Santa Ana wind conditions dudng
September to April, which generates blowing sand and dust, and creates erosion problems.
Construction activities may temporarily exacerbate the impacts of windblOwn sand, resulting
In temporary problems of dust control; however, development of 'this project under the
General Plan would he!p to reduce windblown sand impacts in the area as pavement, roads,
buildings, and landscaping are established..Therefore, the following fugitive dust mitigation
.measures shall be implemented to reduce Impacts to less-than-significant levels:
City of Rancho Cucamonga
Initial Study for ' · · Page 11 ·
DRC2003-01130
1) The site shall be treated wlth water or other soil-stabilizing agent (apProved by
SCAQMD. and' RWQCB) daily to reduce PM~0 emissions, in accordance with
SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as
possible
2) Frontage public streets shall be swept according to a schedule, established by
the City to reduce PM~0 emissions associated with vehlole tracking of soil off-
: site. Timing may vary depending upon the time of Year of construcflom
3) Grading operations shall be suspended when wind.speeds excead.25 mPh to. ..
· minimize PM~0 emissions from the site during.such episodeS.
4) Chemical s011-stabllizers (approved by SCAQMD and RWQCB) shall be applied to
all Inactive construction areas that remain Inactive for 96 hours or' more to
reduce PMt0 emlsstons.
o) The General Plan FEIR (Section 5.1) indicates that subsidence Is generally associated with
large decreases or withdrawals of water fi.om the aquifer. '.The project WOuld not'withdraw
water from the existing aquifer. The site isnot within a geotechnical hazardous area or other
unstable geologic unit or ·soil type according to General Plan FEIR Figure 5.1-2. Soil types
~)n-site consist of TvC Soil association according to General ·plan FEIR Exhibit 5.1-3. No
adverse Impacts are ant~pated. . .' ·
d) The majority of Rancho Cucam0nga, Including the project site, is located on alluvial soil
deposits. These types of soils are not cons dared to be expansive. Soil t~jpes on-site consist
Of TvC Soil assOCiation according to General Plan Exhibit V-3 and General Plan FEIR Exhibit
5.1-3. These soils are typically Gravelly Loamy Sand. No adverse impacts are anticipated.
e) The project will connect to, and be served by, the existing local Sewer system for wastewater
disposal. ' No septic tanks or alternative wastewater disPOSal IS proposed. · :.
7. HAZARDS AND WASTE MATERIALS.. Would the ( ) · { ) (
a) create a significant hazard to the public or the
environment through the routine transport, use, or . .
disposal of hazardous .,~l=rials?
b)' Create a aJgnifi,cant hu~.~ to the public or the ( ) ( ) ( ) ('")
'environment through reasonably foreseeable upset
· and ~ccldent conditions Involving the release of
· · hazardous i~a~eriais into the environment?
c) Emit hazardous emissions or handle hu--~ous or . ( ) . ( ) ( ) (v')
aCUtely hazardous materials, substances, or waste .
within 1/4 mile of an existing or proposed school?
d) Se located on a site which IS included on a list of ( ) ( ) ( ) (v').
'hazardous materials sites compiled pursuant, to
Government Code Section 65962.5 and, as a
result, would .it create a significant hazard to the
public or the environment?
e). For a project located w thin an airport land use plan . ( ) ( ) ( ) .(v')
' or, where such. a plan has nOt been adopted, within
2 miles of a public airport or public use airport, ..
· would the project result In a safety hazard for
people residing or working in the project area?
Initial Study for . .. City of Rancho 'Cucamonga
DRC2003-01130 Page 12
· 0 For a project within the vicinity of a private airstrip, ( ) ( ) ( ) ('/)
would the project result In a safety hazard for
people residing or working in the project area?'
· g) 'Impair implementation of or physically interfere with ( ) ( ) ( ) (v')
an adopted emergency response plan or
emergency evacuation plan?
· h) . Expose people or structures to a significant risk of ( ) ( ) ( ) (v')
loss, Injury or dealh Involving wlldland fires,
Including where wildland$ are adjacent to
urbanized areas or where residences are
intermixed with wlidlands?
a) The project wlli n°t involve the transport, use. or' disposal of h~:,~rd°us materials.. The City
participates in a countywide Interagency coalition that is considered a full sen, ica Hazardous
Materials Division that Is more comprehensive that any other In the state. The City has adopted
a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to
chemical emergencies. Compliance with Federal, State, and local regulations concerning the
storage and handling of hazardous materials and/or waste ',~itl reduce the potential for significant
impacts to a level less-lhan-significant No adverse impacts are expecfl~.
· ' b) The proposed project doeS*not IncJude the use of h~:,~rdous matedais or volatile fuala. The City
participates In a countywide Interagency coalition that Is considered a full Service Ha~rdous
Materials Division that Is more comprehensive than any other in the state. The City has adopted
a Standardized Emergency Management System Multl-Hn~'~rd I-'.unctional Plan to respond to
chemical emergencies. Compliance with Federal, State, and local regulations concerning the
storage and handling .of ha~ard0us materials or volatile fuels will reduce the potential for
significant Impacts to a level less-than-significant.' No adverse Impacts are anticipated.
'c) There are n0'schools located within % mile of the project site. The proJeot site is located within
.57 mile of the' nearest existing (Cadton P. Lightfoot and Windrow elemental) or proposed
school (Arbom elementary). No impacts ara anticipated.
d) The prOPosed project is not listed as a'hazardous waste or substance matadais alto. Recent see *
inspection did not reveal the p.resenca of discarded drums or illegal dumping of hazardous
materials. No Impact Is an0cipated.
e) The site is not located within an airport land use plan and'is not within 2 miles of a PUblic alrporL
The project site is located approximately 3 miles northerly of the Ontario Airport and is offset
north of the flight palh..No impaot is.anticipated. .
f) The nearest private airstrip; Cable PJrport, IS located approximately 2 ~ mlies to the west of the
City's westerly limlts~ No impact is anticipated..
g). The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and
procedures to be administar~d by the Rancho Cucamonga Fire District In the event of a disaster.
. Because the project includes'at least two points of public street access and IS required to comply
With all applicable City codes, Inciuding local fire ordinances, n° adverse Impacts. are anticipated.
h) Rancho Cucamonga faces the greatest ongoing threat Eom a wind-driven fire in the Urban
W~dland Interface area found In the northern part of the City according 'to the Fire Distrt~
Stralegic Pion 2000-2005; however, the proposed project site is not located within a high fire
hazard area according to General Plan Exhibit V-?.
Initial Study foi' ' City of Ranch0 Cucamonga
DRC2003-Ol130· Page 13
I 8. HYDROLOGY AND WATER QUALITY. Would the () (v').. () (')
project
'a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater' supplies or ( ) · ( ) .. (.) (v')
interfere substantially with groundwater recharge
.. · such that there .would be a net deficit In aquifer
~ volgme or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would not
support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of ( ) ( ) ( ). (v')
the site er area, Including through the alteretion.of
the coume of a stream or river, In a manaer, which
would result In substantial erosion or siltation on- er
off-site?
d) Substantially. alter the existing drainage 'pattem of . ( ) ( ) ( ) .
the site or area, including through the alteration of
the course of a stream er .river, or. substantially ..-
increase the rate or amount of surface runoff In a
manner, which would result, in flooding on- or off:
site?
e) Create or contribute runoff water which. Would ( ) ( ) ( ) ('~)
.exceed the capacity of existing or planned
stormwator drainage syStems or provide substantial
additional sources of polluted runoff'?
f) Otherwise substantially degrade water clualib~ ( ) (v;) ( ) ( )
g) Place housing within a 100-year flood hazard area ( ) ( ) .( ) (v').
as mapped on a federel Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
· ' delineation map?
h) Place withIn a 100-year flood hazard area () () () (v')
structures that would Impede or redirect flood *
flowS?
I) Expose people or structures to a significant risk of ( ) * .( ) ( ). (~)
loss, injury or death Involving flooding, Including
flooding as a result of the failure of a levee or dam?
j) Inundation by seiohe, tsunami, or mudflow? ( ) ( ) ( ) (~)
a) Water and sewer Service Is provided, by the Cucamonga'Valley Water Distriot (CVWD).
Project is designed to connect to existing water and sewer system~. The State of Califomte
is authorized to administer various aspects of the National Pollution Discharge Elimination
· S~stsm (NPDES) permit under Section 402 'of. the Clean Water Act. The General.
Conslmctlon Permit treats any construction activity over 1 acre as an Industrial 'activity,'
' requiring a permit under the State's General NPDES permit. The State Water Resource
Control Board (SWRCB) through the Regional Water Quality Control'Board (RWQCB), Santa
Aha Reg on, adm nisters these .permlto. '. . . · : . . '
Construction activlflea coVered under the State's General constructi0~ permit' Include'
removal of vegetation, grading, excavating, or. any other activity for new development or
significant redeveiopmenL Prior to commencement of construction of a project, a discharger ·
Initial Study for City of Rancho Cucamonga
DRC2003-O1130 Page 14
must submit a Notice of Intent (NOI) to obtain coverage under the General .Permit. The
General permit requires all dischargers to comply w!th the following during construction
' activities, including site clearance'and grading:
~ · Develop'and implement a store1 Water Pollution Prevention Plan (SWPPP) that would '
specify Best Management Practices (BMPs) that would prevent construction pollutants
from contacting storm water and with the intent of keeping all products of erosion Eom
moving off-site into receiving waters. .. ' ·
· *Eliminate or reduce non-storm water discharges to storm sewer systems and other
waters of the nation.
· perform Inspections of all BMPs.
Waste diScha~es include disCharges of storm'watsr and construction project discharges. A
construction project for new development or.significant redevelopment requires an NPDE$
permit. Construction project proponents are required to prepare an SWPPP. To comply with
the NPDES, the construction contractor of the project will be required to prepare an SWPPP
during construction .activities, and a Water Quality Management Plan (WQMP) for post-
construction operational management of storm water runoff. The applicant has submitted a
WQMP, prepared by RMA on February 21, 2005, that identifies Best Management praotlcas
· (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage
system after construction. Runoff from driveways, roads, and other Impermeable surfaces
- ' 'must be controlled through an on,site drainage system. BMPs Include bolh structural and
non-struCtural control methods. Structural contrOls used to manage storm water pollutant
levels include detention basins, oiVgrit separators; and porous pavement. Non-structural
controls focus on controlling pollutants at the source, generally through Implementing Erosion
and Sediment Control Plans, and various business plans that must be developed by any
businesses that store and use hazardous materials. Practices, such aa periodic parking lot
sweeplngr can substantially reduce the amount o[ pollutants entering tho storm drain system.
The' following mitigation measures would be required to control additional storm warm.
effluent: · .~.
'1. Prl(~r to Issuance of Grading Permits, the'permit applicant shall submit to
Building Official for approval, Storm Water Pollution Praventlon Plan ($WPPP)
specifically Identifying .Best Management Practicea (BMP$) that shall b· used oil-
alta to reduce pollutants during construction activities entel'lng the storm drellt
system to the maximum extent praotlcal~
2. An Erosion Control Plan shall be prepared, Included In the Grading' Plan, and
ImPlemented for the proposed project that Identifies specific.measures to control
6n-site* and off-site eroston from the time of ground disturbing .activities are
Initiated through completion of grading. This Erosion Control Plan shall Include
the following measures at a minimum: a) specify the timing of grading and
construction to minimize soil exposure to rainy periods experienced In southern
California, and b) An Inspection and maintenance program shall be Included to
ensure that'any eresion which does occur either on-site or off..slta as a .reeult of
this project will be corrected through a remedlation or restoration program
within a specified time frame.
$. During construction, temporary harms such aa sandbags ~)r gravel dikes must
be used to prevent discharge of debris or sediment from the alto when there Is
rainfall or other runoff. :
: Ci~ of. Rancho. Cucamonga
Initial Study for Page 15
DRC2003-01.130.
4; During construction,· to remove pollutants, street cleaning will ,be perfOrmed
prior to storm events and after the use of water trucks to control dust In order to
· prevent discharge of debris or sediment from the slta,.
Post- Construction Opemtionat ..
5. The developer s~all Implement' the BMPs Identified In 'the Water Quality
Management Plan (WQMP) prepared by RMA on February 21, 2005, to reduce
pollutants after construction entering the storm drain system to the maximum
extent practical.
· ~. Landscaping plans shall Include provisions for controlling and minimizing the
use of fartillzers/pestlcldes/herblcides, Landscaped areas shall be monltorad
and maintained for at least two years to ensure adequate coverage and stable
growth. Plans for these areas, Including monitoring provisions for a minimum of
two years, shall be submitted to the City for review and approval prior to the
Issuance of Grading Permlto.
b) According to CVWD, 43 p~rcent of the City's water Is' curren{ly provided from ground water In
the Cucamonga and Chino Basins. CVWD has adopted .a master plan that estimateS
demand needs until the .year 2030.. The proposed project will not deplete groundwater
supplies, nor will it interfere with recharge because it is not within an area' designated as ·
· recharge basin or spreading ground according to General Plan Exhibit IV-2. The'
development of Ihs site will require the grading of the site and excavatiOn; h(~wever, would
not affect the existing aquifer, estimated to be about 288 to 470 feet. below the ground
surface. As noted In the General Plan FEIR (Section 5.9), continued development cltywlde
will Increase'water needs and Is a significant impact; however, CVVVD has plans to meet this
Increased need through the construction of future water facilitieS.
¢) The project will cause changes' In absorption rateS, drain~age pertains, end the rata and
amount of surface water runoff because of the amount of new building and hardscepe
proposed on a site; however, the project will not alter the course of any stream or rtvor..All
runoff will be conveyed to existing storm drain facilities, which have been designed to handle
the flows.. The project design includes landscaping of all non-hardscape areas to prevent
erosiOn. A Grading and Drainage Plan must be approved by the Building Official and City
Engineer prior to issuance of Grading Permits. Therefore, the project will not result In
substantial erosion or siltation on- or off-site. The impact is not considered significant.'
The project will cause changes In absorption rates, drainage pattams, and the rate and'
amount of surface water runoff because of the amount of new building and 'hardscape
proposed on a site; however, the proJect will not alter the course of any stream or dvor. All ·
runoff will be conveyed to existing .storm drain facilities~ which have been designed to handle'
the flows. 'A Grading and Drainage Plan must be approved by the Building Official and City
Engineer prior to issuance of Grading Permits. Therefore, ncrease In runoff from the site will
not result in flood ng on- or off-site. No Impacts are antlcipafl~l.
'e) The project will cause changes In absorption rates,, drainage pafferns,' and the rate and
amount of surface water runoff because of the ~mount of new building and hardscape
proposed on a site; however, all runoff will be conveyed to existing storm drain facilities,
which have been designed to handle the flows. The project will not result In substantial
additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the
Building Official and City Engineer'prior to issuance of Grading Permits. Therefore, increase
in runoff from the site will not result in flooding on- or off-site. No impacts are ar~flclpatad.
f) Grading activities'associated with the construction period could result in a temporary increase
In the amount of suspended solids in surface flows during a can~urrent storm event, thus
Initial Study for ' . City of Rancho Cucamonga
DRC2003-01130 Page 16
resulting in surfaco water quality impacts. The site is for new development or significant
redevelopment; therefore, is required to comply with the' NPDES to minimize water pollution.·
· The following mitigation measures shall be implemented:
?: Prior to Issuance of building permits, ~he applicant shall submit to the Clfy
Engineer for approval of a WQMP, Including a project description and Ideatlfylng ·
BMPs that will be used on-site to reduce pollutants Into the storm drain system
to the maximum extent practicable.. The WQMP shall Identify the structural and
,non-structural measures consistent with the Guldellnes for New Development
and Redevelopment adopted by the C ty of Rancho Cucamonga In June 2004.
8. Prior to Issuance of Grading or Paving Permits, the applicant shall 0btaln a
Notice of Intent (NOI) to comply with obtaining coverage under the National
Pollutant Discharge Elimination System (NPDES) General Construction Storm .
Water Permit f~om the State Water Resources Control Board. Evidence that thio
has been obtained (I.e., a copy of the Waste Dlscharger's Idantlflcatlon Number)
shall be submitted to the City Building Official for coverage under the NPDEg.
General Construction Permit. .
g) No housing units are proposed with this project.' No adverse impacts are expected.
h) The project site Is not located within a 100-year flood hazard ama acoordlng to Gene.ra! Plan
Exhibit V-5. No adverse impacts ara expected.
i) The Rancho CUcomonga area Is flood protected, by an .extensive storm drain system
designed to convey a 100-year storm event. The system Is substantially imprOved and
provides an integrated approach for regional and local drainage flows. This existing'system
Includes several debris dams and levees north of the City, spreading grounds, concrete-lined
channels, and underg~:ound storm drains as shown In General Plan Exhibit V-6. The project
site IS not. located within a '100-ysar flood hazard area according to General Plan F_xhlbit V-5.
· No adverse Impacts are expected..
J) There are no oceans, lakes, or reservoirs near the projeCt site; therefore, Impacts from selche
and tsunami are not anticipated, The Rancho Cucomonga area.s, its at the base of the steep
eastern San Gabriel Mountains whose deep canyons were cut by mountain streams.
Numerous man-made controls have been constructed to reduce the mudflow Impacts to the
level of non-signiflconce within 'the City. This existing system Includes several debds dams
and levees north of the City, and spraadlng grounds both within and oorth of the CRy.
g. LANDUSEANDPLANNING. Would the project: . () ' () () (~,~)
a) Physically divide an established community?
b) Conflictwith any applicable land.usa plan, policy, or ( ) ( ) ,( )' · (v').
· regulation of an agency wtih Jurisdiction over the
.project (including, but not limited to, a general plan,
specific plan, local coastal .program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
(3) Conflict with any applicable habitat conservation ( ) ( ) ( ). (V')
plan or natural community conservation pla, n? ·
comments.·
- a) The site is located on the north side of Base Line Road, east of Day. creek Flood Control
Channel within the Edison power line corridor and Is characterized by a mb( of residential,
utility, and institutional development to the north, south, east, and wesL This project will be of
City of RanchO Cucamonga
Initial Study for. .. Page 17
DRC2003-01130
· utility, and institutional development to the north, south,·east, and west~ This project will be of
similar design and size to surrounding development. The project will become a part of the
· larger community. No adverse impacts are anticipated.. .. · ·
b) The prOject site land*use designation Is Flood control/Utility Corridor. The prOposed project'
is consistent with the General Plan and does not interfere with any policies for environmental
protection. As such,.n0 impacts are anticipated. .
c) The project site is not located within any habitat conservation or natural community plan ares.
According to the General Plan Exhibit .IV-3, and Section 5.3 of the General Plan FEIR, the
projeCt site is not Within an area of sensitive biological resource,S; therefore, dev.el.opm, en.t~w?.
· ~ot'adversely affect rare or endangered species of plants or ammals because of me ram mm*
the project Is surrounded by urbanized land uses and is consistent with the General. Plan
Land Use Plan.
F 10. MINERALRESOURCES. Wouldtheproje~ (~ () .() (v')*
. a) Result In the loss of availability of a known mineral .
resource that would be of value to the region and
the residents of the State? ,
. b) ' Result in the loss of availability of 'a locally () ( ) ( ) (/)
important mineral resource recovery site delineated
on' a local general plan, specific plan or other land . :. ,
use plan?
a)' The sIta is not designated as a State Aggregate Resources Area according to'lhe City
General Plan, Figure IV7t and Table IV-l; therefore, there Is no impaoL
b) The site is r~ot designated by the General Plan, Figure IV-I and Table N-I, as a Valuable
mineral resource, recovery site; therefore, there Ia no Impact.
· 1t. NOISE. Would~heprojectresultln: () () () (/)
a) F_.xl~osure of persons to or generation of noise
levels In excess of standards established In the
local general plan or noise ordlnanse, or applicable
s~a,,dard$ of other agencies?
b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (v')
ground Ix)me vibration, or ground borne noise
levels?
- c) A substantial permanent 'in~ua~e in ambient noise ( ) ( ) ( ) (/)
levels In the prOject viciplty above levels existing
without the project?
d) A substantial tu.,l.,~,ary or periodic increase, in . () (v') ()
arriblent noise levels In the project vicinity aboVa .
levels existing without the project? ·
e) For a project located within an airport land use plan
or, where such a plan has not·been adopted, within .
2 miles of a public airport or public use airport,
would the project expose people ·residing .or
working In the project area to excessive noise
levels?
· Initial Study for City of Rancho'Cucamonga
DRC2003-01130 Page 18
J f) F°rapr°jectwithinthevicinib/°faprivateairstrip'J ()I ()I I (V') I
would the project expose people residing ;or J ' ' ()
· working in the project area to excessive noise ~
Cornment~'
a) The project site Is Within an area of noise levels exceeding. City standards according to
General Plan Exhibit V-13 at build-out because of traffic noise along Base Line Road;
however,· the proposed public storage use would not provide Iong-ten'n exposure to noise
levels. No adverse impact is expected.
b) . The uses associated with this type 'of project normally do not induce ground home vibrations~
As such, no impacts are anticipated.
c) The primary.source of ambient noise levels in Rancho Cucamonga Is bai'i"~. The proposed
activities will t~ot significantly increase traffic; hence, are not anticipated to increase the
ambient noise levels withh the vicinity'of'the project.
d) The General Plan FEIR (Section 5.7) indicates that during a consthJcttan phase, On-sEe
· . stationary sources, heavy-duty COnstruction vehicles, and. COnstruction equipment, will
generate noise exceeding City standards. The following measures are provided to mitigate
· .. the short, term noise impacts:
· 1) Construction or grading shall not take place between the hours of 8:00 P.m. and
6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a
national holiday.
2) ' Construction o~' grading noise levels shall not exceed the standards specified In
Development Code Section 17.02.12043, as measured at the property line. The
developer shall hire a consultant to perform weekly noise level monitoring ss
specified·in Development Code Section 17.02.120. Monitoring at other times may
be required by the Building Official. Said consultant shall report their findings to
the Building Offlc'ial within 24 hours; however, If noise levels exceed'the above
standards, then the consultant shall Immedlataly notify the Planning Department,
If noise levels exceed the above standards, then construction activities shall be
reduced In Intansity t° a level of co.mpllance with above noise standards or
halted. · ..
3) The perimeter block wall shall be constructed as early as possible In flr~t phase.
The preceding mitigation measures Wfll reduce the dlstu~oahGe created by on-sEe
construction equipment; however, do not address the potential ImPacts because of the
transport of COnstruction materials and debris.. The following mitigation mea~urss shall
then be rsqulred: · '
4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30
a.m. on weekdays, Including Saturd~,y, or at any time on Sunday or a national
holiday. Additionally; If heavy trucks used for hauling would exceed 100 dally
trips (counting both to and from the construction site), then the developer shall '
prepare a Noise Mitigation:Plan denoting any construction traffic haul routes. To
the extent feasible, the Plan shall denote haul routes that do not pass sensitive
land uses or residential dwellings.
Initial Study for ' City of RanCho Cucampnga ·
DRC2003-01130 Page 19 ·
· e) The. site is not located Within an airport land use plan and is not within 2 miles of a public
airport. The site is ocated approximately 3 m es northerly of the Ontario Airport and !s offset
north of the flight path. No impact is anticipated. .
f) The nearest pr~ate alrstrip, Cable Airport, is located approximately 2 ½ m~es to the west of
the City's westedy limits. No impact is anticipated. ·
'12. poPULAT!ONANDHOUSING. Would the project: () () ()i (v')
a) ' Induce substantial population gmwih in an area
either directly (for example, by proposing new
· · homes and businesses) or indirectly (for example,
through extension of roads Or other infrastructure)?
b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (v')
necessitating the construction of replacement
housing elsewhere?
· c) Displace substantial numbers of people, ( ) ( ) ( ) (v')
necessitating the' constnJction of replacement
housing elsewhere? '
a) The project is located In a predominantly developed area and will not induce population
· growth. Construction activities at the site will be short-term and Will not attract new
employees to the area. once constructed, the proposed project will have a limited number of
employees; hence, will not create a demand for additional housing as a majority of the
employees will likely be hired from within, the City or surrounding communities. NO Impacts
· are anticipated. ·
b) The projeCt site contains no existing housing units. No adverse impact expected.
¢) The project site is vacant land. No Impa~s are anticipated.
r... ,13. pUBLIC SERVICES. Would the project result in
substantial adverse physical Impacts associated with the
provision of new or physically altered governmental
facilities, need for new or pl~ysicaity altered governmental
·fac~Tiges, the construction of which ~ould cause significant
environmental impacts, in Order to maintain acceptable
service ratios, response times or other petformanca ( ) ( ) ( ) (v')
objectives for any of the public sen4ces: . .
· a) Fire protection?
· b) Police protection? (') : ( ) ( ) ('/)
c) Schools? ( ) ( ) ( ) ('/)'
' d) parks? I[ ) ( ) ( ) . (v')
e) Other public facilities?
a) The 'site is located on the north Side of Base Line Road, east of Day creek Flood Control
Channel within the Edison power line corridor, would be served by a fire station located
approximately ~ mile from the ~roject site. The project will not require the construction of
any new facilities 0r alteration of any existing facilities or cause a decline in the levels of
sen/ice, which could cause the' need to construct new facilities. Standard conditions of
Initial Study for .City of Rancho Cucamonga
DRC2003-01130 · · Page 20
· approval fr~)m the Uniform Building and Fire Codes will be placed on the project so no
impacts to fire services will occur. No impacts ara anticipated.
b) ·Additional police protection Is not required as the addition of the project will not change, the *
· pattern of uses within the surrounding area and will not have a substantial increase in
property to be Patrolled as the project site is within an area that is regularly patrolled.'
c) The site Is in a develqped* area currently served by the Etiwanda School-District and the
Chaffey Joint Union. High School District. The project will be r~quired to pay School Fees as ·
prescribed by State law prior to the issuance of building permits. No impacts ara anticipated.
d) ' The see Is in a.deveioped araa, currenl~y sewed by the city of Rancho Cucemonga. The
nearest park is located % mile from thp project site. The project will not requlra the
construction of any new facilities or alteration of any existing facilities or cause a decline In
the levels of service, which could cause the need to construct new facilities. No Impacts ara
anticipated.
e) The propOSed project will uffilze existing public facilit!es. The site is In a developed araa,
currentJy served by the City of Rancho Cucemonga. The project will .not require the. '
construction of any new facilities or alteration of any existing facilities or cause a decline .In
the levels of service~ which could Cause the need to construct.new facilities. Cumulative
development within Rancho Cucamonga will increase demand for library services. According,
to the General Plan FEIR (Section 5.9.9), the projected increase In library space under the
General Plan will not meet the projected demand. The General Plan FEIR Identified ihe
· cumulative impact on library services as a significant unavoidable adverse Impact for which a
Statement of .Overriding Considerations was ultimately adopted by the City Council. The
proposed project is consistent with the General. Plan for which the Environmental Impact
Report (EIR) was prepared and impacts evaluated. Since the adoption of the General Plan,
the City has planned.a new.library within the Victoria Gardens raglonal shopping center of
,approximately 22,000 square feet, which is In excess of the projected need of 15,500 square
feet at build-out of the City.
t4. RECREATION.. Would the proJecf: () () '() . (~.)
a).' Increase the use of existing neighborhood and
regional parks or other recraafional facilities such
'- that substantial physical deterioration of the facility
would occur or be accelerated?
b)' Does the project include racreational facilities or ( ) ( ) () . (v')
require the construction or expansion of
racreetional facilities, which might have an adverse
· physical effect on the environment?
CommentS;
a) The site is in a developed area, currently served by the City of Rancho Cucamooga. The
nearest park, Ellena Park, is located .47 mile from the project site. Th!s project is not
proposing any new housing or large employment generator that would cause an increase In
the use of parks or other recreational facilities. No impacts are anticipated.
b) See a) response above.
initial study for. City of Rancho Cucamonga
DRC2003-01130 Page 21
15.' TRANSPORTATION~RAFFIC. Wouldtheproject:' () () . ()
a) Cause an increase in traffic, which.is substantial in
relation tO the existing traffic load and capacity of
the street System. (i.e., result In a substantial
increase In either the number of vehicle trips, the
volume to capacity ratio on roads, or congestion at .
intersections)?
b) Exceed, either individually or cumulatively, a evel ( ) ( ) ( ) (v')
of service standard established by the county
congestion management agencY for designated
roads or highways?
c) Result in a change in air traffic patterns; including ( ) ( ) ( ) .(v')
either an Increase *in traffic levels or a change In
location that results in substantial safety risks?
d) Substantially increase hazards due to a design ( ) .()
feature (e.g., sharp curves or dangerous
Intersections) or incompatible uses (e.g., farm
equipment)?
e) Result In Inadequate emergency access? () ( ) ( ) (~')
f) Result in inadequate parking capacity? . ~ ( ) ( ) ( ) (v')
g) Conflict with adopted policies, plans, or programs ( ). () . ( ) (v')
supporting alternative transportation (e.g., bus '
tumouts~ blc),cle mc-ks)? . '
Commen~' . .
a)' The proposed project Includes the development of outdoor RV parking, slx storage buildings
totaling 71,175 square feet, and a management office of approximately 1,430 square feel
The Rancho Cucamonga Traffic Model estimates that the total uses will generate .48 trips
dally.. As noted in the General Plan FEIR (Section 5.5), continued development wilt
contribute to the traffic load In the Rancho Cucamonga area. The proposed project is
consistent with theGeneral Plan for which the FEIR was prepared, and Impacts evaluated.
· , The projec~ Is in an area that Is 'mostly developed with street Improvements existing or
included In project design. The project will not create a substantial Increase In the number of
vehicle trips, traffic volume, or congestion at intersections. The proJect site will be required to
provide street Improvements (curb, guffer, and sidewalk) along the street fi'enrage of the site
per City roadway standards. In addition; the City has established a Transportatio~
Development Fee that must be paid by the applicant prior to issuance of building permits.
Fees ara used to fund roadway improvements necessary to support adequate traffl~
circulation. No Impacts ara anticipated.
b) The project will generate 12 two-way peak hour trips, which is less than 250 two-way peak
hour'trips for non-retail; lherefora, is below the threshold of the San. Semardlno Congestion
Management Plan (CMP) criteria fo[ requiring a traffic impact analysIs. The project ts In an
area that is mostly deVeloped with all.street Improvements existing. The' project will not
negatively impact the level of service standards on adjacent arterials. The project will be
required to provide street improvements (curb, gutter and sidewalk) along Ifle street frontage
of the site. No Impacts are anticipated. - .
c) Located approximately 3 miles northerly of the Ontario Airport, the site Is Offset north of the
flight path and will not change air traffic pattemS. No impacts ara anticipated. ·
d) The project Is In an area that Is mostly developed. The projeCt will b~ requlied to Provide
street improvements (curb, gutter,, and sidewalk) along the street frontage of ~e site. The
project design does not include any sharp curves or dangerous intersections or farming 'uses.
Initial Study for . City of Rancho Cu~amonga
DRC2003-01130 page 22
' The prOject will, therefore, not create a substantial increase in hazards because of a design
feature. No impacts are anticipated. ; · ·
. - e) The project will be designed to provide access for' all emergency Vehicles and will, therefore,
· . . not create an inadequate emergency aCCess. No impacts are antic!patsd.
f) The project design has adequate parking In C°mplianc~ with standards of the Rancho
· Cucamonga DeveloPment Code and will, therefore, not create an Inadequate parking
capacity. No Impacts are anticipated. ' ... " ..
g) '.The project design includes, orthe project Will be conditioned to provide, features supporting
' transportation and vehicle trip reduction (e.g., bus bays, bicycle recks, carpool parking, etc.).
'16. ':~ILITIES AND .SERVICE SYSTEMS. Would the () . () '() (,,')
pro./e
e) .Exceed Wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water ( ) ( ) ( ) ('~)
or wastewater lreatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?"
· . c) Require or result in the construction of new storm ( ) .( ) () (~).
water drainage f~cillfiea or.expansion of existing .
facilities, the ccnsb'uctlon 'of which .could cause
significant environmental effects.?
d),. Have sufficient water supplies available to serve ( ) ( ) ()
the project fi'om existing entitlements and
resources, or are new or expanded entitlements
needed?
e) I~esult In a determination by the wastewater (). () () (v') .
treatment provider, which serves or may serve the
· project, that ti has adequate capacity to serve the
project's Projected demand In addition, to the
provider's existing commitments?
f) Be. served by a landfill with s'ufficient permitte~. * ( ) ( ) ( ) (~)
capacity to accommodate the project's solid waste
disposal needs? ..
g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (v')
regulations related to.solid waste?
. a) · The proposed project is served by'the CVWD Sewer system, which has'wasta treated by the
Inland Empire Utilities Agency at the RP-4 treatment.Plant located within Rancho
Cucamonga. The project Is required to meet the requirements, of the Santa Aha Regional
' Water Quality Con~rol Board reg.arding wastewator. No Impacts are anticipated.
b) The' proposed project is served by the CVWD sewer system, which has waste treated by the
Inland Empire Utilities Agency at the RP-4 tJ'eatment plant located within Rancho Cucamonga'.
and RP-1 located within City of Ontario, neither of which are at capacity. The project
'required to meet the requirements of the Santa Aha Regional Water Quality Control Board
regarding wastewater. No impacts are anticipated.
c) ' All runoff will be conveyed to existing stOrm drain facilities, which have been designed to '
· . handle the flows. A Grading and Drainage Plan must be approved by the Building Official
Initial'Study for ' C.ty of Rancho Cucamonga
DRC2003-01130 . Page 23
and City Engineer prior to .issuance of grading· permits. The impact Is not considered
significant.
d). ' The Project is served by the CVWD water system. There Is currently a sufficient water supply
available to the City of Rancho Cucamonga to serve this project..No impacts are anticipated.
e) 'The proposed project is served by the cVWD ~ewer system, which has waste'fi'eared by Ihe
Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga
and RP;1 located within Cit7 of Ontado, .neither of which are at capacity. No imPacts are
anflclpated~ ·
f) Solid waste disposal wiil be provided by the current C~ COntractc=~l hauler who disposes fha
refuse at a permitted landfill with Sufficient capacity to handle the City's solid waste disposal
needs. ·
g) This project complies with Federal, State, and local st'~tutes and regulations regarding Solid
waste. The city of Rancho Cucamonga continues to implement waste reduction p .ro.ro.ro.ro.ro.ro~lures
consistent with AB 939. Therafora, no mpacts ara anticipated. · :
. 17. MANDATORY FINDINGS OF SIGNIFICANCE ( )' · ( ) .( ) (~')
a) Does the prelect have the potential to degrade the ..
quality of the environment, ,substantially reduce the .
habitat of a fish or wildlife species, cause a fish or
wildlife population to .drop below self-sustaining
levels, threaten to eliminate, a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal, or · :
eliminate Important examples of the major periods
of California history or prehistory?
b) Does the project have impacts that are individually ( ) ( ) ( ) (v')
limited, but cumulatively considerable?
("Cumulatively considerable' means that the
' incremental effects of a project ara considerable
when viewed in connection with the effects of past I
projects, the effects of other current projects, and
the effects of probable future pro,iects)?
c) Does the project have environmental effects that ( ) ( ). ( ) ('/')
will cause substantial adverse effects on human
beings, either directly or Indirectly? ·
a) The site IS not located In an area of sensitive biol°glcal resqurcas as identified on the CRy of
Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area .surrounding the site IS
developed, Based on previous development and street improvements, it Is unlikely that any.
endangered or tara species.would Inhabit the site.
b) . if the proposed p~'oject were approved, then the applicant would be required to develop 'the .
· sl~e In accordance with the City of Rancho Cucamonga General Plan. The 2001 General ·
Plan was adopted along with the Certification of a Program FEIR, Findings of Fact, and e.
Statement of Overriding Considerations for significant adverse environmental effects .of bull~
out in the City and Sphere-of-lnfluenca. The City made findings that adoption of the General
Plan would result in significant adverse effects to aggregate rasourcea, prime farmland, aE.
quality, the acoustical environment, library services, and aesthetics and visual resources.
' Mitigati(~n measures were adopted for each of these resources; however, they.would not~
Initial Study for . City of Rancho Cucamonga.
DRC2003-01130 J:~ ', .... . Page 24
-. · reduce impacts to less-than-significant levels; As such, the City adopted a Statement of
Overriding Considerations balancing the benefits of development under the General Plan
Updeta against the significant unavoidable adverse impacts (CEQA Guidelines Section
~15092 and 15096(h)). These benefit~ include less overall traffic volumes· by developing
mixed-use projects that will be pedestrian friendly and conservation of valuable natural open
spaCe. With these findings and the Statement of Overriding Conslderatlons, no further
discUSsion or evaluation of cumulative Impacts is required.'
c) D~el0prnent of the site Under the proposed land use change' would not cause substantial
adverse effects on human beings, either directly or indirectly, The Initial Study Identifies
· constrUction-related emissions of criteria· pollutants as having a potentially significant Impac[
... Proposed mitigation measures would further reduce emission levels. Additionally, Impacts
resulting~from air quality would be shod-term and would cease once construction activities
were completed. The Initial StudY identified potentially significant impacts associated with
the exposure of people to Ino'eased noise levels. Mitigation measures contained In this Initial
Study will en~ure, impacts are at less,than-significant levels.
EARLIER ANALYSES
Eadier' analyses may be used where, pumuant tO the tiering, program EIR, or other CEQA process, one
or more effects have been adequately analyzed In an earlier EIR or Negative Dectaratlon per Section
15063(c)(3}(D). The. effects identified above for this project were-within the scope of and adequately
analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects
were addressed by mitigation measures based on the earlier analysis. The following eadier analyses
were Utilized In completing this Initial Study and are avai!able for review in the City of Rancho
Cucamonga, Planning Department offices, 10500 Civic Center Drive (check all that apply):
Biological Assessment (Ecological Sciences, November 24, 2002)
(V') General Plan FEIR'
(SCH#2000061027, Certified October 17, 200t) ' :
(,,') Master Environmental Assessment for the 1989 General Plan Update
(SCH #88020115,~ certified January 4, 1989) ·
(~) VictOria Planned Community EIR
(Certified May20, 1981) " . ·
Initial Study for City of Rancho Cucamonga
DRC2003-O1130 Page 25
APPLICANT CERTIFICATION
I certify that I am the applicant for the project described in this Initial Study. I acknoWledge that I have
read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or
proposals and/or hereby agree to the proposed mitigation measures to avoid, the effects or mitigate the
effects to a point where,clearly no., sig~zifi-~nt enviro~ental effects would occur. ,
City of Rancho Cucamonga
NEGATIVE DECLARATION·
The folloWing Negative Declaration is being circulated for public review in accordance with the
· California Environmental QualityAct Section 2~091 and 21092 of the Public ResourCes Code.
Project File No.. Development Code Amendment DRC2003.01144 and Conditional Use Permit DRC2003-01130
Public Review Period Closes: April 13, 2005
Project Name: Project Applicant.' Southern California Edison Company
Project Location (also see attached map): North side of Base Line Road, east of Day Creek Flood Contrct
Channel within the Edison power line corridor- APN: 1089-031-12.
Project Description: A request tO amend Development Code secti°n. 17.16.030 to change the U~ilJty Corridor
District use regulations to allow public storage facilities including outdoor RV parking and a request for a public
storage facility on 5.38 acres in the Utility Corridor District, along with outdoor RV parking, six storage
buildings totaling 71,175 square feet, and a management office of app~:oximately 1,430 square feet to be
located on the north side of Base Line Road, east of Day Creek Flood Control Channel within the Edison
power line .corridor. Related files: Tree ·Removal Permit DRC2004-00847 and Preliminary Review
DRC2002-00704.
FINDING
This ia to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted alt
Initial Study to determine if the project may have a significant effect on the environment and la
proposing this Negative Declaration based upon the following finding:
I-] The Initial Study Shows ·
that there is no substantial evidence that the'project may have a significant
effect on the .environmenL
[] The Initial Study identified P0tenSally.aignificant effects bile '
(1) Revisions in the project plans' or proposals made or agreed to by the applicant before this
proposed Negative Declaration was released for public review would avoid the effects or
mitigate the effects to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence before the agency that the project as revised may have a
significant effect on the environmenL '
If adopted, the Negative Declaration means that an Environmental Impact Report will not be required.
Reasons to support this finding are Included in the attached Initial Study. The project file and all
related documents are avaJisble for review at the City of Rancho Cucamonga Planning Department at
10500 Civic.Center Drive (909) 477-2750 or Fax (909) 477-2847.
NOTICE '
The public Is Invited to comment on the proposed Negative Declaration during the review peH0d.
·
Date Of Determination Adopted By .
RESOLUTION NO. 05-26
^ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVALOF ~
DEVELOPMENT. CODE AMENDMENT DRC2003-01144, 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.
A. Recital.s_.
.1.' The City of Rancho cuCamonga filed an application for D~..velopment COde Al?e..ndm.e. nt
00301144 as described n the title of this Resolution. Hereinafter in this i,cesoluTJon, me
DRC2 · ' 'on"
subject Development COde Amendment is referred to as "the appllcati . ·
2. On the 13th day of April 2005, the Planning COmmission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and conciuded said hearing
on that date.
3. All legal prerequisites prior to the adoption of this ResolUtiOn have occurmcl.
B. ResolUtion.. ~ '
NOW, THEREFORE, it is hereby found, determined, and.resolved by the Planning commission
of the City of Rancho Cucamonga as follows:
1. This commission 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 COmmission during the above~
referenced public hearing on April 13, 2005, including written and oral staff reports, together with
public testimony, this COmmission hereby specifically finds as follows:
e. The application applies to property located within the City;, and.
b. The proposed amendment will not have a significant impact on the environment.
3. Based upon the substantial evidence presented to this COmmission during the above-
referenced public hearing and upon the specific findings Of facts set forth in Paragraphs 1 and 2
above, this COmmission hereby finds and concludes as follows:
' This amendment does not conflict~with the Land Use Policies of the General Plan
and will pjv~de for development, within the district, in a manner consistent with the General Plan
'and with related development; and
b. . This amendment does'promote the goals and objectives of the Development Code; '
and
c. The proposed' amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity;, and
d. The subject application is consistent'with the objectives the Development Code;
and ·
PLANNING COMMISSION RESOLUTION NO. 05-26
DRC2003-01144 - CITY OF RANCHO CUCAMONGA
Apl~l 13, 20O5 '
· · Page 2 ..
e. The proposed amendment is in conformance with the General Plan.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
the application, the Planning Commission finds that there is no substantial evidence that the project
will have a signifiCant effect upon the environment and recommends.the City Council adopt the
Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by
this reference, based upon the findings as follows:
s. That the Mitigated Negative Declaration has been prepared id compliance with the
'California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
promulgated thereunder;'that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said Mitigated Negative
Declaration with regard to the application.
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects will be reduced
to a less than significant level by imposition of mitigation measures on the component of the project
that involves development approval fora public storage use on a specific site and bythe imposition
of site specific mitigation measures as applications for self-storage facilities are approved in the
future.:
c~ Pursuant'to' the provisions of Section 753.5(c) of Title 14 of the California Code of
Regulations, the Planning commission finds as follows: In considering the record as a whole~ the
Initial Study and Mitigated Negative· DeclaratiOn for the. project, there is.no evidence that the
proposed project will have potential for an adverse impact upon wildlife re. sou_roe_- orthe habitat upon
which wildlife depends. Further, based upon.the substantial evidence contained in the Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the Planning
Commission during the public hearing, the Planning Commission hereby rebuts the presumption of
adverse effect as set forth in Section 753.5(o-1-<1) of Title 14 of the California Code of Regulations.
5. ~ Based upon the findings and conclusions set forth in Paragraphs .1, 2, 3, and 4 'above,
this Commission hereby recommends approval of Development Code Amendment DRC2003-01144
by the adoption of the affached City Council Ordinance.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF APRIL 2005.
pLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
R~ch Macias, Chairman
A'FI'EST:
· Brad Buller,.Secretary
PLANNING COMMISSION RESOLUTION NO. 05-26
DRC2003-01144 - CITY OF RANCHO CUCAMONGA
April 13, 2005 .
Page 3
I, Brad Buller, Secretary of the Planning Commission of the citY of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and r~gulady introduced, passed, and adopted by the
Planning Commission of the CitY of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 13th day of APd12005, by the following vote-to-wit:
AYES: COMMISSIONERS: .-
NOES: COMMISSIONERS:
· ABSENT: COMMISSIONERS:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO.
CUCAMONGA, CALIFORNIA, APPROVING· DEVELOPMENT
CODE AMENDMENT DRC2003q:)1144, A REQUEST TO AMEND
SECTION 17.46.030 USE REGULATIONS TO ALLOW PUBLIC'
STORAGE FACILITIES, INCLUDING OUTDOOR RV PARKING;
IN THE UTILITY CORRIDOR DISTRICT, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. "Recitals.
· 1. On April 13, 2005, the Planning .cOmmission of the City of Rancho Cucam°nga
conducted a duly noticed public hearing with respect to the above referenced DRC2003-01144
and, following the conclusion thereof, adopted its Resolution No.' 05-**, recommending that the
City Council of the City of Rancho Cucamonga adopt said Development Code AmendmenL
2. On *****, 2005, the City Council of the City of Rancho Cucamonga conducted a duly
.noticed public hearing on the Development Code Amendment.
3. .AI.I legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This.City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on *****, 2005, including written and oral staff reports, together
with public testimony, the City Council hereby specifically, finds as follows:
a.. ' The application aPplies'to property located within the' City;, and . .
b. The proposed amendment will not have a significant impact on the
environment. ·
c. This amendment does not' conflict ~vith the Land Use Policies of the General '
Plan and Will provide for development, within .the district, in a manner consistent with the
General Plah and with related development; and'
d. This amendment does promote the goals and objectives of the 'Development
Code; and
e. The proposed amendment will not be detrimental to the public health, safetY, or
welfare or materially injurious to properties or improvements in the vicinity; and
' SECTION 3: Based upon the facts and information contained in the proposed Mitigated
Negative Declaration, together with all written and oral reports included for the environmental
CITY COUNCIL ORDINANCE NO.
DRC2003-01144 - CITY. OF RANCHO CUCAMONGA
Page 2
assessment for the application, the City Council finds that there is no Substantial evidence that
the project will have a significant effect upon the environment and adopts a Mitigated Negative
Declaration and Monitoring'Program attached hereto, and incorporated herein by this reference,
based upon the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with
the California Environmental Quality ACt of 1970, as amended, and the State CEQA guidelines
promulgated thereunder;, that said Mitigated. Negative Declaration and the Initial Study Prepared
therefore reflect the independent judgment of the City Council; and, further, this City Council has
reviewed and considered the information contained in said Mitigated Negative Declaration with
regard to the application.
b. Although the ·Mitigated Negative· Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects will be
reduced to a less than significant level by imposition of mitigation measures on the component
of the project that involves development approval fora public storage Use on a specifiC site and
by the imposition of site specific m tigation, measures as applications for self-storage facilities
are approved in the future.. ·
c. pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia Code
of Regulations, the City Council finds as follows: In Considering the record as a whole, the Initial
Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed
project will have potential for an adverse'impact upon wildlife resources or the. habitat upon
which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated
· Negative Declaration, the staff reports and exhibit, and the information provided to the City
Council dudng the public headng, the City Council hereby rebuts the presumption of adverse
effe~ as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations.
SECTION 3.: The. City Of Rancho Cucamonga Development Code is hereby amended to
chang~ SECTION 17.16.030, in words and figures, as shown in the attached Exhibit
SECTION 4.: If .any section, subsection, sentence, .clause, phrase, or word of 'this
Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or preempted .by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. 'The City
Council of the City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless
of the fact that any one or more sections, subsections, clauses, phmises,, or words might
subsequently be declared nvalid or unconstitutional or preempted by subsequent legislation.
SECTION 6: The City Clerk shall certify to the:adoption of this Ordinance and shall cause
the same to be published within 15 days after its passage at least once in the Inland Valley
Daily Bulletin, a newspaper of general circulation published in the City of Ontario California, and
cirCUlated in the City of Rancho Cucamonga,. California.
EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO.
i7.16.030 Use regulations.
Uses listed in Table 17.16.030(A) shall be allowable in one or more of the open space districts as
indicated in the co umns beneath each district. Where indicated with the letter "P,' the use shall be
a permitted use in that district. Where indicated with the letter "C," .the use shall be a conditional
use subject to the conditional use permit process. In the event there is difficulty in categorizing a
· given use in one of the districts, the procedure outlined in Section 17.02.040 use determination
shall be followed. All uses are subject to the development review process as described in Chapter
17.06. The city planner may approve accessory uses and structures, and agricultural uses
involving no improvements, under the minor development review process.
Table 17.16.030(A)
USE REGULATIONS FOR OPEN SPACE DISTRICTS
us, .... I . oS. ..i J.,FC J uc
o~ 1 unit p,r 40 ecres): . · P -'
I 2..Caretaker quarters:· ..
I . a. Permanen~ .... I P ' J P I P
. '1 c '1 c I c
.'J b. Temporary .......
3. Home occupations: ' P . - -
4. Accessory structures (such as detached garages,
carports, cabanas, guest houses, barns, storage sheds, ~ '
corrals):
a. Related toon-sitesingle-familydwelling I P =.. - -
b. Not related to on?site, dwe!!.i0g .... P . ~' -.
5. Agricultural uses:·
e. Row crops, Imck gardens I P I P J P
b. Plant storage or propagation I ' P' 'J P I P
c. Orchards, vineyards, Christmas and other tree
farms J P P ..P
d. Community gardens J P "[ P P
e. Greenhouses J P J. P J P
f.. Livestock grazing, breeding (nO feed lots) J P "j P :l P
g. Hydroponic CUlture P P P ·
h.' On-site sales of products grown on site J ' P. J P 'J P
6. Cemeteries, crematories, mausoleums, columbariums, J J J
and related uses: C - - ..
7. Wildlife preserves and sanctuaries: P P P ·
8. Forest maintenance facilities/ranger station: J P J P i P
9. Recreaffonal uses: J . "J J
a. Parks picnic a[eas, playgrounds J P
b. Hiking, biking, equestrian trails J P: J P J P
c. Greenways J ' P J P [ P
EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO.
I,~ .d-. c~°~ur~ ........ C . I q. I c
· J . .e. Ridin_g sch?0!S (e_questrian) . :. C c ' c
I f.. commemial, stables . . C C C
:J g. Country club and related uses ' C C C
I 10. Preservat on and use of historic landmarks and related
uses such as museums, art galleries, and food services
· to accommodate on-site uses: C .C C
J ! 1. Flood contra! stru_cture~.and faci!it!es: P P P
I 12. Light vehicle parking and storage in areas'substantially
surrounded by industrial uses:. - C · C
.] 13~ Utility sut~tat~ion, s (m!a!~d,e~u!pment and.~l~uctures): . .c c J .c
:l 14. Public Storage and Recreational Vehicles~ *1 C~
p = Permitted Use
C = Conditional Use Permit required .
(Ord. 211 § 6 (part), 1983)
Not permitted Within the Etiwanda North Specific plan Area.
· DEVELOPMENT CODE AMENDMENT .
DRC2003-01
SUBJECT PROPERTIES ·
300 FT.NOTICE DRC2003-01144
3000 0 3000 6000 Feet ~'~'~
RESOLUTION NO. 05-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT DRC2003-01130 FOR A PUBLIC STORAGE FACILITY INCLUDING
RV STORAGE ON 5.38 ACRES OF LAND, LOCATED ON THE NORTH
SIDE OF. BASE LINE ROAD, EAST OF DAY CREEK FLOOD CONTROL
CHANNEL WITHIN THE EDISON POWER LINE CORRIDOR, IN THE
UTILITY CORRIDOR DISTRICT, AND MAKING FINDINGS IN SUPPORT
THEREOF- APN: 1089-031-12.
A. Recitals.
1. Southern California Edison filed an application for the issuance of Conditional Use Peri. it
DRC2003-01130, as described in the title of this Resolution. * Hereinafter in this Resolution, the
· subject Conditional Use Permit request is referred to as "the application."
2. .On the 13th day of April 2005, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing ·
on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution... ·
.NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission
of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution am true and correct.
2. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on April 13, 2005, including wriffen and omi staff reports, together with
pubiic testimony, this Commission hereby specifically finds as follows:
a.. The application applies.t° a 5.38 acre property located on the north side of Base
Une Road, east of Day Creek Flood Control channel, within the Edison power line corridor with a
street frontage of 277 feet and I°t depth of 859 feet, and which was previously used as a plant
nursery;, and
· ' b. The property to the north of the subject site is additional Utility Corridor;, the properly
· to the south consists of Base Line Road and Utility .Corridor;~ the properly to the east is San
Bemardino County Maintenance Building, a temporal' Fire Station, and household waste center;, and
the property to the west is Day Creek Flood Control Channel and Utility Corridor and
~ The application proposes construction of six buildings totaling 71,1'/5 square feet,
plus a manager's office.
3. Based upon the substantial evidence presented to this Commission during the
above:referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and
2 above, this Commission hereby finds and concludes as follows:
pLANNING COMMISSION RESOLUTION NO. 05-27
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON
April 13, 2005
Page 2
a. The proposed use is in accord with the General Plan, the objectives of. the.
Development Code, and the purposes of the district in which the site is located.
b. The proposed use~ together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
c,. 'The proposed use complies with each of the applicable provisions of the
· Development Code.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
the application, the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and
Monitoring Pmgrem attached hereto, and incorporated herein by this reference, based upon the
· findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with the
California Environmental Quality ACt of 1970, as amended, and the State CEQA guidelines
promulgated thereunder;, that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the. Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said Mitigated Negative
Declaration with regard to the application.
b. Although the Mit/gated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects have been
reduced to a level that is less than significant by the imposition of mitigation measures on the
component of the project that involves development approval for a public storage use on a specific
site. The site-specific mitigation measures imposed on the development approved with this project
are listed below as conditions of approval.
c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia Code of
·, Regulations, the Planning commission finds as follows: In considering the record as a whole, the
Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the
proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon
which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the Planning
commission during the public hearing, the Planning commission hereby rebuts the presumption of
adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby approves the application subject to each 'and every condition set forth below
and in the Standard Conditions, attached hereto and incorporated herein by this reference.
Plannin.q Department
1) AJong the perimeter walls, provide vine pocket openings sufficient to
.allow for coverage of the exterior wall surface to minimize pOtential · ·
graffiti.
pLANNING COMMISSION RESOLUTION NO. 05-27
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON
April 13, 2005
Page 3 · ·
2) All graffiti shall be removed within 72 hours.
-3) The approval of this appliCation is contingent upon City Council
approval of Development Code Amendment DRC2003-01144.
Engineerin.q Department
!) Base Line Road shall be improved in accordance with City "Major
Divided Arterial Street" standards as required and including:
a) Protect existing curb and gutter, as required.
b) Provide curvilinear sidewalk, 9500 Lumens HPSV stmeflights,
and street trees.
c)Protect existing R26(s) signs along Base Une Road or replace as
required.
d)' The main driveway of the project shall be a right-rum in and
right-turn out only and shall be the commercial type per City
' Standard 101, Type C.
e) No median opening will be permiffed on Base Line Road.
2) The existing overhead ~filities (telecommunications and electrical,
except for the 66 kV electrical) on the project side of Base Line Road
shall be undergmunded from the first pole off-site east of the easterly
boundary to the first pole off-site west of the Day Creek Channel, prior
to public improvement acceptance or occupancy, whichever Occurs
first. All services crossing Base Une Road shall be undergrounded at
the same fim~. The developer may request a reimbursement
agreement to recover one-half the City adopted cost for undergrounding
from future development as it occurs on the opposite side of the street.
If the developer fails to submit ~aid reimbursement within 6 months of .
the public improvements being accepted I;~ the City, all rights of the
developer to reimbursement shall terminate.
- 3) The existing Base Line Road median shall be landscaped from the
'existing* landscaped portion of the median (constructed under Tract
1605.1) up to the median nose fronting the project, per City Standards,
to the satisfaction of the City Engineer. The developer may request a
reimbursement agreement to recover one-half the City adopted cost for
median landscaping from future development as it oCCUrs on the
opposite side of the street. If the developer fails to submit said
reimbursement agreement within six months of the improvements being
accepted by the City, all rights of the developer to reimbursement shall
terminate.
4) The emergency access shall be a limited access curb per City Standard
105-C. Remove the proposed drive approach. The area between the
pLANNING COMMISSION RESOLUTION NO. 05-27
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON
April 13, 2005
Page 4
access curb and the curvilinear sidewalk shall be rockscaped and the ·
material to be installed in the area between the sidewalk and the
property line shall be determined during plan check.
5) Additional parkway landscape easement shall be required for the Base
Line Road Beautification Master Plan.
6). VVithin the Landscape Maintenance District (LMD) area, landscaping
shall be installed according to current City.standards, similar to the
landscaping installed with Tract 16051 to the west.
7) Conduit for a future fiber optic cable link shall be installed within the
parkway to the satisfaction of the City Engineer.
8) Orange Empire Acres Map Book 20/1 dedicated an alley and Railroad
Avenue South adjacent to this property. ProCess a street vacation and
incorporate the land within this development.
9) Provide a Water Quality Management Plan 0NQMP), t° the satisfaction
of the City Engineer, and identify applicable Best 'Management
practices (BMPs) on the grading plan..
Environmental Mitk~ation
Air Quality
1) All construction equipment'shall be maintained' in good operating
condition so as to reduce operational emissions. The contractor shall
ensure that all construction equipment is being properly serviced and
maintained as per manufacturers' specifications. Maintenance records
shall be available at the construction site for City verification.
2) Prior to the issuance of any Grading Permits, the developer shall
submit construction plans to the City denoting the proposed schedule
and projected equipment use. Construction contractors shall provide
evidence that Iow-emission mobile construction equipment .will be
utilized, or that their use was investigated and found to be infeasible for
the project. Contractors shall also .conform to any construction
measures imposed by the South Coast Air Quality Management District
(SC.,AQMD) as well as City Planning staff.-- ....
3) All paints and coatings shall meet or exceed performance standards'
noted in SCAQMD Rule 1113. Paints and.coatings shall be applied
either by hand or high volume, IOW-pressure spray.
4)All asphalt shall meet or exceed performance standards noted in
SCAQMD Rule 1108.
5) Ail construction equipment Shall comply with SCAQMD Rules 402and
403. Additionally, contractors shall include the following provisions:
PLANNING COMMISSION RESOLUTION NO. 05-27
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON
April 13, 2OO5
Page 5
· Reestablish ground 'cover on the. construction site through
seeding and watering.
· Pave or apply gravel to any on-site haul roads.
·Phase grading to prevent the susceptibility of large areas to
erosion over extended periods of time.·
· Schedule activities to minimize the amounts of exposed
excavated soil during and after the end of work periods.
Dispose of surplus excavated material in accordance with local
ordnances and use sound engineering practices.
· Sweep streets according to a schedule established bY the City if
silt is carried over to adjacent public thoroughfares or occum as a
result of hauling. Timing may va~/depending upon the time of
year of construction.
· : Suspend grading operations during high winds (i.e~, wind speeds
exceeding 25 mph) in accordance with SCAQMD Rule 403
requirements.
· · Maintain a minimum 24-inch freeboard ratio on soils haul trucks or
cover payloads using tarps or other suitable means.
6) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and Regional Water Quality Control Board
[RWQCB]) daily to reduce Fine Pariiculate Matter (PM~o) emissions, in
accordance with SCAQMD Rule 403.
7) Chemical Soil-stabilizers (approved by SCAQMD and RWQCB) shall be
applied to all inactive construction areas that remain inactive for 96
hours or more to reduce PM~o emissions..
8) The construction contractor shall utilize electric or clean aitematJve fuel-
powered equipment where feasible.
9) The construction-C~;1-tract~r-;hall ensure -that- 'c,~n-struction~reding
plans include a statement that work crews Will shut off equipment when
not in use.
10) All industrial and commercial facilities shall post signs requiring that
trucks shall not be left idling for prolonged periods (i.e., in excess of i0
minutes).
11) All industrial and commercial facilities shall designate preferential
parking for vanpools.' ..
PLANNING COMMISSION RESOLUTION NO. 05-27
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON.
April 13, 2005
Page 6
12) All industrial and commercial site tenants with 50 or more employees
shall .be required to post both bus and Metrolink schedules in
conspicuous areas.
13) Ail industrial and commercial ·site tenants with 50 or more employees
shall be required to configure their operating schedules around the'
Metrolink schedule to the extent reasonably feasible.
14) All residential and commercial structures shall be required to
incorporate high efficiencT/Iow polluting heating, air conditioning,
appliances, and water heaters.
15) Ail residential and commercial structures shall be. required to
incorporate thermal pane windows and weather-stripping.
Cultural Resoumes
1) If any prehistoric archaeological resources are encountered before or.
during grading, the developer will retain a qualified archaeologist to
monitor construction activities, to take appropriate measures to protect
or preserve them.for study. With the .assistance of the archaeologist,
the City of Rancho Cucamonga will:
· Enact interirrl measures to protect, undesignated sites from
demolition Or significant modification without an opportunity for
the City to e~tablish its archaeological value~
· Consider establishing previsions to require incorporation of
archaeological sites within new developments, using their special
qualities aa a theme or. focal point..
· Pursue educating the public about the area's archaeological
heritage.
· Propose mitigation measures and reco'mmend conditions of
approval to eliminate adverse project effects on significant,
important, and unique prehistorioresources, following appropriate
CEQA guidelines.
- Pi'epare a technical resources management report, doCUmenting
.the inventory, evaluation, and proposed mitigation of resources
within the project area. Submit one copy of the completed report,
with' original illustrations, to' the San Bemardino County
Archaeological Information Center for permanent arc. hiving.
2) A qualified paleontologist shall conduct a preconstrucfion field survey of
the project site. The paleontologist shall submit a report of findings that
will also provide specific recommendations regarding further mitigation
measures (i.e., paleontological monitoring) that may be appropriate.
PLANNING COMMISSION RESOLUTION NO. 05-27
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON
· April 13, 20O5
Page 7 ·
Where mitigation monitoring is appropriate, the program must include,
but not be limited to, the following measures: .
e' Assign a paleontological monitor, trained and equipped to all°w
the rapid removal of fossiis with minimal COnstruction delay, to the
site full-time during the interval of earth-disturbing activities.
· Should fossils be found within an area being cleared or graded,
d vert earth-disturbing activities elsewhere until the monitor has
COmpleted salvage. If COnstruction personnel make the
disCOvery, the grading COntractor should immediately divert
· COnstruction and notify the*m0nitor of the find.
· . Submit a summary report to the City of Rancho Cucamonga.
Transfer.collected specimens with a copy of the report to the San
Bemardino County Museum.
Geology and Soils
1) The site shall be treated with water or. other soil-stabilizing agent
(approved by SCAQMD and RWQCB) daily to reduce PMlo emissions,
in accordance with SCAQMD Rule 403 or re-planted with drought
resistant landscaping as soon as possible.
2) Frontage public streets shall be swept according to a .schedule
established by the 'City to reduce PM~o emissions associated with
vehicte tracking of soil off-site. Timing may vary depending upon the ..
time of year of construction. ·
3)Grading operations shall be suspended when wind speeds exceed
25 mph to minimize PM~o emissions from the site during such episodes.
4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be
applied to all inactive construction areas that remain inactive for 96
hours or more to reduce PMto emissions.
Hydrology and'Water QualEy
· 1) Pr~o~:to'issuance of grading~ermits, the permit applicant shall submitto
Building Official for approval, Storm Water Pollution Prevention Plan
(SWPPP) specifically identifying. Best Management Practices (BMPs)
· that shall be used on-site to reduce pollutants during construction
activities ente~ng the storm drain system to the maximum extent
practical.
2)' An Erosion Control Plan shall be prepared, included in the Grading
Plan, and implemented for the proposed project that identifies specific
measures to control on-site and off-site erosion from the time of ground
disturbing activities are initiated through completion of grading. This
EresiQn Control Plan shall include the following measures at a
PLANNING COMMISSION'RESOLUTION NO. 05-27
DRC2003-01130 - SOUTHERN CALIFORNIA EDISON
April 13, 2005
Page 8
minimum: a) Specify the·timing of grading and construction to minimize'
' soil exposure to rainy periods experienced in southem California, and b)
An inspection and maintenance program shall be included to ensure ·
that any erosion which does occur either on-site or off-sits as a result of
this project will be corrected through a remediation or restoration
program within a specified time frame. ..
3) During construction, temporary berms such as sandbags or gravel
dikes must be used to prevent discharge of debris or sediment from the
site when there is rainfall or other runoff.
4) During .construction, to remove pollutants, street cleaning will'be
performed prior to storm events and after the use of water trucks to
control dust in order to prevent discharge of debris or sediment from
the site.
5) The developer shall implement the BMPs identified in the Water Quarry
Management Plan (WQMP) prepared by RMA on February 21, 2005, to
reduce pollutants after construction entering the storm drain system to
the maximum extent practical.
6) Landscaping Plans shall include provisions for controlling and
minimizing the use of fertilizers/pesticides/herbicides. Landscaped
areas shall be monitored and maintained for at least two years to.
ensure adequate coverage and stable growth. Plans for these areas,
including monitoring provisions for a minimum of two years, shall be
submiffed to the City for review and approval prior to the issuance of
Grading Permits.
7) Prior to issuance of building permits, the applicant shall submit to the '
city Engineer for approval of a WQMP, including a project description.
and identifying BMPs that will be used on-site to reduce pollutants into
the storm drain system to the. maximum extent practicable. The WQMP
shall identify the structural and non-structural measures consistsnt with
the Guidelines for New Development and Redevelopment adopted bY
the city of Rancho Cucemonga in June 2004.
8) Prior to issuance of Grading or Paving permits, the applicant shall
obtain a Notice of Intent (NOI) to comply.with obtaining coverage under
.... the National Pollutant Discharge Elimination System (NPDES)General
· Const.ruction Storm Water Permit from the State Water. Resources
'. Control Board. Evidence that this has been obtained (i.e., a copy of the
Waste Discharger's Identification Number) shall be submitted to the
City Building Official for coverage under the NPDE$ General
Construction Permit.
PLANNIN(~ COMMISSION RESOLUTION NO. 05-27
DRC2003-01130- SOUTHERN CALIFORNIA EDISON
April 13, 20O5
Page 9
Noise
1)' Construction or grading shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday Or a national holiday.
2) Construction or grading noise levels shall not exceed the standards
specified in Development Code Section 17.02.120-D, as measured at
the p[operly line. The developer shall hire a COnsultant to perform
weekly noise level monitoring as specified in Development Code
Section 17.02.120. Monitoring at other times may be required by the
Building. Official. Said consultant shall report their findings to the
Building Official within 24 hours; however, if noise levels exceed the
above standards, then the consultant shall immediately notify the
Planning Department. If noise levels exceed the above standards, then
construction activities shall be reduced in intensity to a level of
compliance with above noise standards or halted.
3) The perimeter bloCk wall shall be constructed as early as possible in
· the first phase..
4) Haul truCk deliveries shall not take· place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday. Additionally, if heavy trucks used
for hauling would exceed 100 daily trips (counting both to and from the
construction site), then.the developer shall prepare a noise mitigation.
plan denoting any construction traffic haul routes. To the extent
feasible~ the plan shall denote haul routes that do not pass sensitive .
land uses or residential dwellings.
6. The Secretary to this commission Shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF APRIL 2005.
PLANNING COMMISSION OF THE CITY OF R~NCHO CUCAMONGA
BY: .......
Rich Macias, Chairman "
ATTEST:
Brad Bullet, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby.
certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
commission held on the 13th day of April 2005, by the following vote-to-wit: *-
pLANNING COMMISSION RESOLUTION NO. 05-27
DRC2003-01130 -SOUTHERN CALIFORNIA EDISON
April 13, 2005
Page 10
AYES: · C°MMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
City of Rancho CucamOnga
MITIGATION MONITORING
PROGRAM
Project File No,: DevelOpment Code Amendment DRC2003-01144 and Conditional Use permit
DRC2003-01130 .
This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation
measures identified in the (Mitigated Negative Declaration/Environmental Impact Rei~ort) for the
. above-listed project. This program has been prepared in compliance with State law to ensure that'
adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code)~
Program Components - This MMP contains the following elements:
1. Conditions of approval that act as impact mitigation measures are recorded with the action and
· the procedure nscessarY to ensure compllance. The mitigati°n measure c°nditi°ns °f appr°val
are contained in the adopted Resolution of Approval for the project.
2..Aprocedure of compliance and verification has been outlined for each action .necessary. This
procedure designates who will take action, what action will be taken and when, and to whom
and when compliance will be reported. '
3. The MMP has been designed to provide focused~ yet flexible guidelines. As monitoring
.progresses, changes to .compliance procedures· may be .necessary based .upon
recommendations by those responsible for the program... ·
Program Management - The MMP will be In' place through all phases of the project. The project
planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project
planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly
and proper action is taken on each mitigation.· Each City department shall ensure compliance of the
conditions (mitigation) that rela~e to that.department-
Procedure~ - The following stepS.will be followed by the City of Rancho Cucamonga.
1. A'fee covering all costs and expenses, including any consultants' fees, incurred by.the City in
performing monitoring or reporting programs shall be charged to the applicant.
- 2.-~-MMp Rel~ng'F~-rm--~vilJ-be Prepared foi' e-ach pOtentially-significant impact and its
corresponding mitigation 'measure identified in the Mitigation Monitoring. Checklist, attached
hereto. This procedure designates who will take action, what action will be taken and when, and
to Whom and when compliance will be reported. Ail monitoring and reporting documentation will
be kept in the project file with the department having the original authority for processing the
project. Reports will be available from the City upon request at the following address:
'City Of R~ncho Cucamonga - Lead Agency
.(Planning Department)
10500 Civic Center Drive
Rancho Cucamonga, CA. 91730
Mitigation Monitoring Program '
DRC2003-01144 AND DRC2003-01.130
Page 2
3i ' Appropriate specialis~ will 13e retained if technical expertise beyond the City staff,s is needed, as
determined by the project planner or responsible City department, to monitor specific mitigation
activities and provide appropriate-written approvals to the project planner.
4. The project planner Or responsible City department will approve, by signature and date, the
completion of each action.item that was identified on the MMP Reporting Form. After each
measure is verified for compliance, no further action is required for the specific phase of.
.development;' .
5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off
as completed by the project planner or responsible City department at the bottom of the MMP
Reporting Form.
6. Unanticipated Circumstances may arise requlring, the refinement or addition-of mitigation
measures. The project planner is responsible for approving any such refinements or additions.
~ An MMP Reporting Form willbe completed bythe project planneror responsible Citydepafb.ent
and a copy provided to the appropriate design~ coY~struction, 0r operational personnel.
7. The project planner o,r'responsible City department has the authority to stoP the work of.
construction contractors if compliance with any aspects of the MMP is not occurring after written
notification has been issued. The project pisnner or responsible C!ty department also has the
authority to hold certificates of occupanciss if compliance wilh a mitigation measure attached
hereto is not occurring. The project planner or responsible City department has .the authority to
hold issuance of a business license until all mitigation measures are Implemented..
8. Any conditions (mitigation)that require monitoring after project completiOn shall be the
responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the
applicant to post any necessary funds (or other forms of guarantee) with the City. These funds
: shall be used by the Ci~yto retain consultants and/or pay for City staff time to monitor and report
· on the ·mitigation .measure for the required period of time. · · ' · '
9. In those instances requiring long-term project monitoring, 'the applicant shall Provide the City
with a plan for monitoring the mitigation activities 'at the project site and'rePOrting the monitoring.
results to the City. Said plan shall identify the reporter as an.individual qualified to know whether
the particular mitigation measure has been implemented. The monitoring/reporting plan shall'
conform to the City's MMP and shall be approved by the Community Development Director or
City Planner prior to the issuance of building permits. . -.
m, ~ ~,~, I~N MUNI IUI<IN~ CHECKLIST (INITIAL STUDY PART III)
~n~tlae~tstF~eyT~ ~rRe~21~3~)aTM '. ' Applicant: $oUthem Edison California
· . p y rrv Henderson Date: February 22, 2005.
Ali construction equipment shall be m;~lntalned In gOOc CP Review of plans AJC
operating COndition so as to reduCe operational 2/4
emissions. The contractor shall ensure that all
Construction equipment IS being properly serviced and
maintained as per manufacturers, specifications.
Maintenance records shall be available 'at the
construct.__~lon site for City verification.
Prior to the Issuance of any Grading Permits, CP/BO C
developer shall submit construction plans to the C ty - Review of plans C 2
denoting the proposed schedule ~ and projected
equipment use. Construction COntractors shall provide
evidence that Iow-emission mobile construction
equipment will be utilized, or that their use was
investigated and found to be Infeasible for the project.
Contractors shall also COnform to any construction
measures Imposed by the South Coast Air Quality
Management District (SCAQMD) '~s well as City
Planning staff.
NI paints and coa;.;.gs shall meet or exceed CP C Review of plane NC '~ 2/4
:)erformance standards noted In SCAQMD Rule 1113.
Paints and coatings shall be applied either by hand or
high volume, Iow-pressure spray; ·
Nl~pha;[shallmeatorexceedPe'~,,a,~oe~V.,-.;mG, BO B Revlewofplana NC 2
noted in SCAQMD Rule 1108.
Nl.~u,~a;~,;c~o~ equipment shall cui~,'y BO C Review of plans NC 2/4
Rules' 402 and 403.' Additionally, contractors shall
Include the following provisions: ' '
· Reestablish ground cover on the constmctian, site BO C Review of plans NC 2/4
through seeding and watering. · '
! of 8 '
· Phase grading to prevent the susceptibility of large BO C Review of plans .NC
areas to erosion over extended pededs of time. 2/4.
· Schedule activities to minimize the amounts BO C Review of plans NC "
exposed excavated soil during and*after the end.of · 2/4
Work pedode...
· Dispose of surplus exCaVated matartal In BO C
accordance with local ordinances and use sound Review of plans A
engineering practices. ; · · 4
· Sweep streets according to a schedule BO
by the City. if silt Is carried over to adjacent public During A 4
thoroughfares or Occurs as a result of hauling, construction
'Timing rnay vary depending upon the time of year of "
construction~ -
· .'SUspend grading operations during high wind8 (i.e., BO C During .
· wind speeds exceeding 25 mph) In accordance With . A 4 ·
SCAQMD Rule.403 requirements conalrucfloa
· Maintain a minimum 24-1nch frso--"~rd milo on soils BO C During · ·
haul trucks or Cover payloads' using tarps or other A 4
suitable means.. Construction
The. site shall be ~-~.~_;__-d Wilh water or BO C During A
soil-stabilizing agent (approved'by scAQMD and 4
Regional Water Quality Control B~ard [RWQCB]) dally construction
to reduce Fine Particulate Matter (PM~0) emlsslotm, In
accordance with SCAQMD Rule 403. '
Chemical soil-.i[ab;;;zers (approved by SCAQMD and BO C Duflng A 4.
RWQCB) shall be applied to all InacUve construction
areas that remain Inactive for. 98 hours or more to
reduce PMto emissions. . .'
alternative fuel-p0wered equlpmant where feaslb e. . . 4.
The c~,~r.~,~cGo, c~,,,[,.~:,r sba;; ansum that BO C Review of plans NC. 2/4
conStructlon-greding plans Include a statement that vmrk
='ewe will shut off equlpmant when not In use.
· Propose mitigation measures and CP/Bo C Review'oft ND
COnditions of approval to eliminate adverse pmjest 3/4
effects on significant, Important, end
· prehistoric resources, fo OWing apprnn~,,e,, CEQA
· Prepare a technical resources management report, . CP C Review of report ND'
documenting the Inventory, evaluation, and . 3/4
proposed mitigation of resources within the pm]act
area: Submit one COpy of the dompleted report, with
original illustrations, to the San Bemardino County
Archaeological Information Center for permanent
archiving.. .. '
~e~(~alifiedpale°nt°l°g!stshallconductapreconstmctisn CP B Review of repcxt ND'
survey of the project site. The paleontologist shall 4
submit a repod of findings that will also provide specific ·
reCOmmendations regarding fudhor mitigation measures
(i.e., paleontological monitoring) that may be
appropriate. Where mitigation monitoring is appropriate,
the program must Include, but not be limited to, the
following measures:
· Assign a paleontological monitor,· trained CP B Revlewofrelx~t ND
equipped to arrow the rapid removal of fossils with 4
minimal cons~nJction delay,, to the site fiJIl-flme
during the Intewal of earth-disturbing activities.
· Shouldfossllsbefoundwithln'anareabe~g~-~,:.~._....~:l, BO B/C Revlewofmport ND · 4
or graded,' divert earth-disturbing activities .
elsewhere until the monitor has completed salvage.
· ff construction personnel make the diSCOVery, the '
· grading contractor should:. Immediately ' divert . '
construction and notify the monitor of the find.
· submlt'a sun~"~ary report to the City of Rancho CP D. Review of report D · 3 .'
Cucamonga. Transfer collected sbeclmene with a
· copy of the report to the San Bemardlno County '
Museum'
· g g nt(appr°vedbySCAQMOandRWQCB)
~a~lAY~t.°.~r~_u.ce PM,o emissions, In accordance with
i~_~ ~ute 403 or re-planted with drought resistant ' ' . I : I I I .' I
-,=~p,ng as soon as possible. . " '
· F. mntage' public s~,-~,,=[~ shall be swept acc~G,~g to a BO ' C A'
schedule established, by the City tO reduce PM~0 .
emissions· associated with vahlcle tracking of soil . . ..
off-sita· Timing may vary depending ?pon the time of . .
year of construction. ' · . , ~ . .
Grading operations shall be euspehded when wind BO: C A 4 - ·
speeds exceed 25 mph to minimize PM~o emiSSions . ·
from the site duflng,:uch episodes. ·
Chemical soil stabi,,ze~= (app~,~ved by SCAQMD and BO C A ' 4' · '
RWQCB) shall be applied to all Inactive construction
a~as that remain Inactiva for 86 hours or more to
shall submit to Building Official 'for approval, Storm ew of .
Water Po uflon Prevention Plan (SWPPP) specifically . . .
Identtf~ng Best Management Practices (BMPs) that ' · ..
shall be used on-slie to reduCe !pollutants during
construction activities entering the store1 drain s~tsm to
the maximum extent practical. { ..
5 of 8
An Erosion Control Plan shall be prepared, Included In B° B/C/D Review of plans NC
the Grading Plan, and implemented for the proposed 2/4
project that Identifies specific measures to control on-
~[te a.n.d off-site erosion from the time of ground
isturolng activities are Initiated through completion'of
grading. This. Ereslon Control Plan shall Include the
following measures at a minimum: a) Specify t~e tim ng
of grading and construction to minimize soll exposure to .
rainy periods experienced In sOu~em Califom a, and b
I,.An. In. spectlon and maintenance program shall b~
In..ci. uaed to.ensure that any erosion which does occur . ·
elmer on-ske or off-site as a result of this project will be
corrected thr0ugh'a remedlaflon or restoration program
specified time frame. · '
During construction, temporary harms such as BO B/C/D Revlewofplaoe NC
sandbags or gravel dikes must be used to prevent 2/4
discharge of debris or sediment from the site when there
is rainfall or other runoff. '
During const~uctlon, to remove pollutants, BO B/C/O Rovlew of plans NC ·
Cleaning will be performed pdor to storm events and 2/4 '
after the use of water trucks to COnb-ol dust In order to
prevent discharge of debris or Sediment from the site.
The developer shall Imp~e,,~,[ the BMPs Identified In CE B/C/D Review of plans NC
the Water Quality Management Plan 0NQMP) prepared 2/4
by RMA on February 21,2005, to reduce pollutants after
:construction entedng the aton~' drain system to the ·
maximum extent practical, , ·.
controlling and minimizing ·. lhe use of
fertlllzors/pastlcldes/herbicldes. Landscaped areas shell
be monitorad and malntelnad for at least two years to
ensure adequate'coverage and stable growth. Plans for i ' '
these areas,. Including monitoring provisions for a ·
minimum of t~o years, shall be submitted to the City for '
i review and approval prior to the Issuance of Grading '.
Permits, ' ·
_ 6 of 8
Prior to Issuance of building permits, the applicant shall B/C/D Review of plans NC 2/4'
aubmit to the Clfy Engineer for approval of a WQMP, ' '
Including a project description and Identifying BMPs that
will be used on-site to reduce pollutants Into the storm'
drain system to the maXimum extent practicable.' The
WQMP shall Identify the structural and non-slmctural
measures consistent wi~h the Guidelines for New
Development and Redevelopment adOpted by the City of
Rancho Cucamonga In June 2004. ;
applicant shall obtain a Notice of Intent (NOI) to comply
Prior to Issuance of Grading or Pa;ring BO B/C/D ~./C 2/4
with obtaining coverage under the National Pollutant
Discharge Elimination System (NPDES) General
Construction Storm Water Permit Eom the State Water ' '
Resources Cohtrol Board. Evldenca that this has been
obtained (i.e., a copy of. the Waste Discharger's
IdentificaSon Number) shall be submitted to the City~
Building Official for Coverage Under We NpDF.e,
Construction Permit. · '~
Construction or grading'shall not take place between the BO ' C During' A 4
hours of 8:00 p.m. and 6:30 a.m. on weekdays, . construction
including Saturday, or at any time; on Sunday or a ·
national holiday, '
C '
onstruction or grading noise levels Shall not exceed the BO C During . A 4
standards specified in Development Code Section COnstruction
;17.02 120-D, as measured at the property line. The
developer shall .hire a consultant to perform weekly
noise level, montoring 'as specified In Development
Code Section 17.02.120. Monitoringat other times may
be required by the Building Official, Said consultant -.
shall report their findings to the Butlding Official within 24
hours; however, if noise levels eXceed the above
standards, then the consu tant shall Immediately notify
the Planning Department. If noise levels exceed the
above standards,' then construction activities shall be
, reduced in intensity to a level of compliance with above
noise standards or halted.
7of8
The per!meter block wall shall be!lcenstmcted as as~ CP C _D_urin, g
..as possible in the flint phase., A A
Haul truck deliveries shall not take place bet, v==n the PO/BO C During A
, hours of 8:00 p.m. and 6."30 ~.m. on weekdays, 4/7
Including Saturday, or at any time on Sunday or a cdnstructlon
national holiday. Additionally, if I~eavy trucks used for
hauling would exceed 100 daily trips (counting both to
and from the construction site), than the developer shall
prepare a noise mitigation ~plan denoting any
construction traffic haul mutes. To the extent feasible,
the plan shall denote haul mutes that do not pass
sensitive land uses or residential dwalllngs.. '
'i
·
Kay't° Checklist Abbreviations
~' or designee A - With Each New Development A - On-site Inspection
CP- City Planner or designee ! 8 - Pdor To Constmcaon 1 - Withhold Recordation of Final Ma
~ - Withhold Grading or Building Pe~nlt
CE- ~ Engineer or designee I C - Throughout Conslmcllon C- Plan Check 3 - Withhold Cerflflcat
BO - Building Official or designee i o - ~ Completion
p Stop Work Order
FC- Fire Chief or designee ' i . . 5 - Retain Deposit or Bonds
6 - Revoke CUP
?-Citation .
._. 8of8
COMMUNITY DEVELOPMENT
DEPARTMENT
:;TANDARD CONDITIONS
:OJECT #: DRC2003-01 i 30
:BJECT: CONDITIONAL USE PERMIT
PLICANT: SOUTHERN CALIFORNIA EDISON
CATION: NORTH SIDE OF BASE LINE ROAD~ EAST OF DAY CREEK CHANNEL
,L OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
PLICANT SHALL CONTACT THE .PLANNING DEPARTMENT, (909) 477-2750, FOR
MPLIANCE WITH THE FOLLOWING CONDITIONS:
General Requirements. ~pletton Date
The applicant shall agree to defend at his sole expense any action brought against lhe City, its
agents, officers, or em ployees, because of the issuance of such approval, or in Ihe alternative, to
relinquish such approval. The applicant Shall reimburse' the. City, its agents, officers, or
employees, for any Court costs and attorney's fees which lhe City, its agents, officers, or
employees may be required by a court to pay as a result of such action. The City may, at Its sole
discretion, participate at its own expense In the defense of any such action but such participation
shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval NO.' 05-27, Standard ! I
Conditions, and all environmental mitigations shall be included on the plans (full size). The
sheet(s) are for information only to all parties involved in the construction/grading activities and
· are not required to be wet sealed/stamped by a licensed Engineer/Architect.
Time Limits
1:- Conditional Use-Permit,-Variance, or Development/Design .Review approval shall_expire .__/
building permits are not issued or approved use has not commenced within 5 years fi-om the date
of approval. No extensions are al/owed. ' -
Site DevelOpment
1. The site shall be developed and maintained in accordance with the approved plans which include / /
site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and
grading on file in the Planning Department, the conditions contained herein, and Development
Code regulations. ·
2. Prior to any use of the project site or business activity being commenced thereon, all Conditions I I
Of Approval shall be completed to the satisfaction of the City Planner.
· . · Projec~ No. DRC2003-01
ComoleUon [
3. oCCupancy of the facilities Shall not commence until such time as all Uniform Buiiding Code and / /
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
· submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance.. The buildings shall be inspected for'compliance pdor to
occupancy!' .
4. Ail site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / /
consistency prior to issuance of any permits (such as grading, tree removal,
building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved
use has commenced, whichever comes flrsL
· 5. Approval of this request Shail not waive compliance wifh all sections ~fthe Development Code, all.' I /
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance..
6. A detailed On-site lighting plan, including a photometric diagram, shall be reviewed and approved /
by the City Planner and Police Department (477-2800) prior to the issuance of building permits.
Such plan shall indicata style, illumination, location, height, and method of shielding so as not to
adversely affect adjacent properties.
7. Trash receptacle(s) are required and sha meet City standards. The final design, locations; and ..~/.~/.
the number of trash receptacles shal .be subject to City Planner review and approval prior to the
Issuance of building permits. . .
8. All ground, mounted utility appurtenances such as transformers, AC condensers, etc.,, shall be / I
located out of public view and adequately screened through the use of a combinati0n.of concreta
or masonry walls, harming, and/or landscaping to the satisfaction of the City Planner. For single-
family residential developments, transformers shall be placed !n underground vaults.
9. 'Ail building numbers and individual Units shall be Identified In a dear and concise manner, ~/ /:
including proper illumination.
10. Ail parkways, open areas, and landscaping shall be permanently maintained by the property .~/ /..
owner, homeowners' association, or other means acceptable to the City. Proof of this landscape
· maintenance shall be submitted for City Planner and City Engineer review and approved prior to
the issuance 'of building permits.
D. Building Design :
1. Ail roof appurtenances, including air conditioners and other roof mounted equipment and/er .~/...__/_
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets as required by the Planning Department. Such screening shall be architecturally
ntegrated with the bui dng des gn and constructed to the satisfaction of the City Plannor. Details
shall be included in building plans.
E. Parking and Vehicular AcceSs (indicate data!Is on' building plans)
· 1.~ ~P. la_ns 'mr any s _e~u_ rity gates·shall be submitted for the City Planner, City Engineer, and Ranych~o. .~/ /_
· Cucamonga Fire Prot~-ctie~Di~tri~t-re~iew and aj~-proval-prior t~issuance of building-perm' .
For residential development private gated entrances shall provide adequate turn-around space
in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public
right-of-way.
2. AIl parking spaces shall be 9 feet wide by 18 feet long. When a side of any pa~ing space abuts /
a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet
wide.
3. Ail perking lot landscape islands shall have a minimum outside dimension of 6 feet and shall '1 ' /- /
contain a 12-inch walk adjacent to the parking stall (including curb). . .
I
2
Project No. D~C2003-01130
Comoleflon Date
4. All parking spaces shall be double striped per City standards and.all driveway aisles, entrances, /.__/
i and exits shall be striped per City standards. ' ·
Landscaping ' · ' -
1. A detailed landsCape and irrigation plan, including slope planting and model home landsCaping in I /
the Case of residential development, shall be prepared by a licensed landscape architect and
submitted for City Planner review and approval prior to the issuance of. building permits or ·prior
final map epprm'al.in the case of a custom lot subdivision.
2.' Within parking lots, trees shall be planted at a rate of one 15-ga. on tree. for every three, parking I /
stalls..
3. Trees shall be planted !n areas of public view adjacent to and along structures at a rote of one / /
tree per 30 linear feet of building.
4.' Ail private slopes of 5 feet or more in vertiCal height and of 5:1 or greater slope, but less than 2:1 /
slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion
control. S ope planting required by this section shall include a permanent irrigation system to be
· .. installed by the developer prior to oCCUpancy.
5. 'Ail private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater .~/.~/
slope shall be landsCaped and'irrigated for.erosion control and to soften their appearonce es
follows: one 15-gallon or larger size tree per each 150 sq. ft: of slope area, 1 -gallon or larger size
shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks
in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or
larger s!ze tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in
staggered clusters to soften and vary slope plane. Slope p anfing required by this section shall
include a permanent irrigation system to be installed by the developer prior to occupancy;
6. For multi-family residential and non-residential development~ properly owners are responsible for / /
the continual maintenance of all landsCaped areas on-site, as well as contiguous planted areas
within the public right-of-way. Ail landscaped areas shall be kept free from weeds and debris and
maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing,
and trimming. Any damaged dead, diseased or decaying plant material shall be replaced. . within
30 days from the date of damage.
7. The final design of the perimeter parkways, walls, landscaping, and sidewalks Shall be'included in .~_/.~/
the required landscape plans and shall be subject to City Planner review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering DeparimenL , . ..
8, Special landscape features such as mounding, alluvial rock, sPecimen size trees, meandering / /
sidewalks (with horizontal change), and intensified landsCaping, is requlrod along Base Line '
9.__ Landscaping and irrigation systems required to be in~talled within the public right-of-way on the / /.__
perimeter of this project area ~h~ll be continuously maintained'bythe developer;
10.' Landscaping and Irrigation shall be designed .to conserve water through the pri~ciplee of -/.~/
XerisCape as defined in Chapter 19.16 of the Rancho Cucamonga MuniciPal Code.
Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _
Any signs proposed for this development Shall comply w th the Sign Ordinance and shall require
separate application and approval by the Planning Department prior to installation of any signs.
Project No. DRC2003-O'
C, omoletto~ I
H. Environmental ..
1. MitigatiOn measures are required for the project. The applicant is responsible for the cost of __/ /
implementing said measures, including monitoring and reporting. Applicant shall be required to
post cash, 'letter of credit, or other forms of guarantee acceptable to the City Planner in the
amount .of $474.00 prior to the issuance of building permits, guaranteeing satisfactm7
performance and completion of all mitigation measures. These funds may be used bythe Cityto
retain consultants and/or pay for City staff t me to monitor and report on the mitigation measures.
Failure to complete all actions required by the approved environmental documents shall be
considered grounds for forfeit.
I. Other Agencies
1.. The applicant shall contact the U,S. Po~tal Service to determine the appropriate type and location
of mailboxes. Multi-family residential developments shall provide a solid overhead structure for
mailboxes with adequate lighting. The final location of the mailboxes and the design of the
overhead structure shall be subject to City Planner review and approval prior to the issuance of
building permits.
APPLICANTSHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' . ' '
NOTE: ANY REVISIONS.MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDmONAL REVIEW(S)
· J. 'General Requirements
1. Submit five complete sets of plans including the following: I I
a. Site/Plot Plan;
b. Foundation Plan;
c, Roor Plan; . . ·
d. Ceiling and Roof Framing Plan; '
e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size
of servica entrance conductors, panel schedules, and single line diagrams; :
f. Plumbing and Sewer Plans, ihcluding isometrics, undergrOund diagrams, water and waste
diagram, sewer or septic system location, fixture units, gas piping, and heating and air
: conditioning; and .
g; I~lanning Departrnent Project Number (DRC2003'01130) clearly identified On the outside of
2. Submit two.sets of structural calculations, energy COnservation calculations, .and a Soils report. __/ /._
Architect's/Engineer's stamp and "wet" signature are required prior to p an check submitta
3.. Contractors must show 15~ ~f~;~t~ ancl C~)i~..~ses and Wb-~6m'C0m-pdn~ation co9-e~age to I '1
the City prior to permit issuance.
4. Sepal'ate permits ara required for fencing and/or walls.' ~ / I
5. Business shall not open for operation prior to postin,g the certificate of occupancy issued by the __/ ' I
Building and Safety Department.
K. Site Development '
1. Plans shall be submitted for plan check and approved prior to construction. AJI plans shall be .~/ /_
marked w~ the project file number (DRC2003-01130). The applicant shall comply with the latest
4
Projec~ No. DRC2003-01130
Cornoletion Date
· ·adopted California Codes, a~d all other applicable codes, ordinances, and regulations in effect at
the time of permit application. Contact the Building and Safety Department for availability of the
Code Adoption Ordinance and ai)plicable handouts. ' '. . '
2. Prior to issuance of building permits for a new commercial Or indbstrial development project or / '.~./__
major addition, the applicant shall pay development fees at the established rate. Such. fees may
include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation
Development Fee, Permit and Plan Check Fees, Construct!on and Demolition Diversion Program
deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to
the Building and .Safety Department prior to permits issuance.
3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map
recordation and prior to issuance of building permits..
4. Conslmction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday /__./
through Saturday, with no construction on Sunday or holidays.
5~ Construct trash enclosure(s) per City Standard (available at the Planning Department's public /__./ · ·
counter).
New Structures
1. Provide compliance with the Callfomia Building Code (CBC) for property line clearances /__1 '
considering use, area, and fire-resistiveness. .
2. Provide compliance with the Califomia Building Cede for required occupancy separations. I__1
3[ Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC, / /
Section 1505.
4. Exterior walls shall be COnstructed of the ~'equ red fire rating in accordance with CBC Table 5-A / I
5. Openings n exterior walls shall be protected In accordance with CBC Table 5-A. /
6. Upon tenant Improvement plan check submittal, additional reqUirements may be n~aded. ' '.~/_ /'
' Grading
1. Grading of the subject property shall bain accordance with Califomia Building Code, City Grading / /
Standards, and accepted grading practices. The final grading plan shall be in substantial
conformance with the approved grading plan.
2. . A soils report shall be prepared by a qualified engineer licensed by the State of California to '.~/.~_/ '
perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the .__/.~/
...... time of applicat!o? for g. ra_ding _pi_an .... check. ·
4. The ·final grading, appropriate certifications and compaction reports shall be completed, / /
submitted, and approved by the Building and Safety official prior to the Issuance of building
5. A separate grading plan check submittal is required for all new construction projects and for .~_/.._.../
· existing buildings where improvements being proposed will generate 50 cubic yards or more of
combined cut and fill. The grading plan shall be prepared stamped, and signed by a California
registered Civil Engineer.
Project No. DRC2003..0
Cgmoleflon
APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR
COMPL ANCE WITH THE FOLLOWING CONDITIONS:
N. Dedication' and'Vehicular AcceSs '
1. Rights-of-way and easements shall be dedicated to the City for all intedor public streets /
commun ty trails, public paseos, public landscape areas street trees, traffic signal encroachment
and maintenance, and public drainage facilities as shown on the plans.and/or tentative map.
Private easements for non-public facilitieS; (cross-lot drainage, local feeder tm!Is, etc.) shall be
· reserved as shown on the plans and/or tentative map. ·
2. Dedication ~=hall be made of the following rights-of-way on the perimeter ~treets (measured from __/__1
street centedine):
6...~0 total feet on Base Line Road. · /--~
3. Easements fo~ public sidewalks and/or street trees placed outside the public right-of-way shall be
dedicated to the City.
O. Street Improvements
1. Ail public improvements (interior Streets, drainage facilities, community trolls, paseos, landscaped I' I
areas, etc.) shown on the plans shall be constructed to City standards.
2; Pursuant to City Council Resolution No. 88-557, ho person shall make connections f~orn a source / . /
of energy, fuel or power to any building service equipment which is regulated by technical codes
and for which a permit is required unless, in addition toany and all other codes, regulations and
ordinanCes, all improvements requi~'ed by these conditions of development approval have been
completed and accepted by the C!ty Council, except: that in developments containing more than'
one building or unit, the development may have energy connections made to a percentage of
those buildings, or units proportionate to the completion of improvements as required 'by
conditions of approval of development. In no case shall more than 95 Percent of the buildings or
Units be connected to energy pdor to completion and acceptance of all. improvements required by
those conditions, of approval of development.
3. construct the following pedmetar street improvements Including, but not limited to: /__/
Street
Name
IGutter I Pvmt J walk I Appr. J Lights I Trees I' Trail I Island I Trail I Other I
/ Base LIne ROad . Ix J. x.I c J x I x I x I I · I I I
Notes: (a) Median Island includes landscaping and irrigation on meter. (b) Pavement
· mconstructicn and overlays will be determined dudng plan check. (c) If So marked, sidewalk
shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of consl~uction fee shall be
provided for this item.
4. Improvement plans and Construction:
· a. street improvement plans~ including street trees,street lights, and intersec~lo~-safetYlights /.__/_
on futura signal pOles, and traffic signal plans shall be prepared by a registered Civil. ..
Engineer and shall be submitted to and approved by the city Engineer. Security shall be
posted and an agreement executed ~o the satisfaction of the City Engineer and the city
Attomey guaranteeing COmpletion of the public and/or private street improvements, prior to
final map approval or the issuanCe of building permits, whichever occurs first..
b. Prior to any work being performed 'in public right-of-way, fees' shall be paid and a ' .__/ /..
construction' permit shall be obtained from the City Engineer's Office in addition to any
other permits required.
Project No. DRC2003-01.130
Comoleflofl Date
c.* Pavement striping, marking, traffic signing, street name signing, traffiC signal conduit, and _ I
interconnect conduit shall be installed to the satisfaction of the City Engineer.
d. Signal conduit with pull boxes shall be installed With any new construction or reconstruction ____! '
project along major or secondary streets and at intersections for future traffic signals and
interconnect wiring. Pull boxes shall be p aced on both sides Of the street at 3 feet outside
of BCR. ECR, or any other locations approved by the City Engineer
NoteS: . .
1) Pull boxes shall be No. 6 at intersections and NO. 5 along streets, a maximum of 200
feet apart, unless otherwise specified by the City Engineer.
2) Condu t sha be 3.inch galvanized stae with pull rope or as specified~
e. Handicapped aCCeSs ramps shall be installed On all comers of intemections per City I /__
Standards or as directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to traffic at all timeS with !
adequate detours during construction. Street or lane closure permits are required. A cash ·
deposit shall be provided to cover the cost of gradlng and paving, which ~hall be refunded
upon completion of the consb'uction to the satisfaction of the City Engineer.
' g. ConCentrated drainage flows shall not cross sidewalks: Under Sidewalk drains shall be I
nstalled to City Standards, except for single family residential lots.
h. St~et names shall be approved by the C~ty Planner prior to submittal for first plan check.
5. Provide a minimum of 3-inch conduit for future fiber optic use on all streets with connection
through the parkway to each lot or parcel (fiber-to-the curb, F'I-I'C). The size, placement, and
location of the conduit shall be shown on the Street Improvement Plans and subject to City
Engineer review and approval prior to Issuanco of building permits or final map approval,
whichever comes first. "
6. Street trees, a minimum of 15*-gallon size or larger, shall be installed per City Standards in
accordance with the City's street tree program.
7. Install street t~ees per City street tree' design guidelines and standards as follows. The completed /.__/
legend (box below) and construction notes Shall appear on ~e title page of the street
improvement plans. Street improvement plans shall include a line item within the construction
legend stating: "Street trees shall be installed per the notes and legend on sheet I typically sheet
1)." Where public landscape plans are required, tree installation in those areas shall be per the
public landscape Improvement'plans:
The City Engineer reserves the ri ~ht to adjust tree species based upon field ,conditions and other
·. variables. For additional informatior cor~tact the Project Engineer.
Street Name Botanical Name· Common Name I Space Spaolng $ I Qty.
IA. SE LINE ROAD .'
E/O HAVEN AVENUE
Foreground Tree
=.A. Lass Ihan 8 fl. or /
Background bee
)~. 8 ft. or gmalor PInus canadensls Canary Island Pine 8 Minimum25 fL O.C.tnfom.u;d, Fill-in
use occaslmally *
behind Magnolias
Comc~letJon
Construction Notes fo~' Street Trees:
1)' All street trees are to be p!anted in accordance with City standard plans.
2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to
the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill·soil
amendments, as determined by the City inspector.
3) Ail street trees are subject to inspection and acceptance by the Engineering DepartrnenL
4) . Street treesare to be planted per public Improvement plans only. :
8. Intersection line of sight designs· shall be reviewed by the City Engineer for conformance with __/ I
adopted policy. On collector or larger streets, lines of sight shall be plotted for all project
intersections, including driveways. Local residential street interse~ons and commercial or.
industrial driveways may have lines of sight plotted a~ required.
p~ Public Maintenance Areas '
·" 1. A separate Set of landscape and irrigation plans Per Engineering Public Works Standards shall .~/
be submitted to the City Engineer for review and approval prior to final map approval or issuance
of building permits, whichever occurs firsL 'The following 'landscaped parkways, medians,
paseos, easements, tm s or other areas sha be annexed into the Landscape Maintenance
District: Base Line Road. '
2. Pub c landscape areas are required to incorporata substantial areas (40%) of mortared cobble or .~/ /.
other acceptable non*irrigated surfaces. ·
3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting / /
Districts shall be filed with the City Engineer prior to fiqal map approval or Issuance of building
permits whichever occurs first. Formation COsts shall be borne by the developer.
4. Ail required public landscaping and irrigation systems shall be continuously maintained by the ~ /
developer Until accepted by the City.
5. Parkway landscaping on the following street(s) shall conform to the results of the respective. __1 I.
Beautification Master Plan Base Line Road.
Q. Drainage and Flood Control
,i. Adequate provisions Shall be made for acceptance and disposal of surface drainage entering the I /
property from adj .acent areas;
2. A permit from the San Bemardino County FlOOd Control District and Southern California Edison / /
are is required, for work within Its right-of-way. ·
1. · 'Provide separate utility services to each I~arcal including sanitary sewerage system, Water, gas, /__/
....... electric power, telephone, ahd _cable_TV (all underground)~ !n _a. cc~rdance_wi~_ _th_e Utility
Standards. Easements shall.be provided as required.-
2. The developer shall be responsible ~or the relocation of existing utilities as necessary. / I
3. Water and sewer plans shall be designed and constructed to meet the requirements of the / /
Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the
Environmental Health Department of the County of San Bernardino. A letter of compliance from
the CVWD is required prior to final map approval or issuance of permits, whichever occurs firsL
Such letter must have been· issued by the water district within 90 days prior to final map approval
in the case of subdivisioq or prior to the issuance of permits in the case of all other residential
projects.
' · * Project NO. DRC2003-0!130
Completion Date
4. Approvals have not been secured from all utilities and other interested agencies involved. ...~/__/
Approval of the final parcel map will be subject to any requirements that may be received from
General Requirements and Approvals '
. 1. A non-refUndable deposit shall be paid to the City, covering the estimated operating costs for all .__/.__./·
· new streetlightS for the first six months of operation, prior to final map approval or prior to bui!ding
permit issuance if no map is involved.
2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall '_._./..~/
' be paid for the Construction and Demolition Diversion Program: The deposit is fUlly refundable if
at least 50% of all wastes generated during construction and demolition are diverted from
landfills, and appropriate documentation is provided to the'City. Form CD-1 shall be submitted to
the Engineering Department when the first building permit application is submitted to Building and
' ' Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following
the completion of the construction and/or demolition project.
PLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR
IMPLIANCE WITH THE FOLLOWING CONDITIONS:
SecuritY Lighting
t. All parking, common, and storage areas shall have minimum maintained l-foot candle power. ~ ' / _
These areas should be lighted from sunset to sunrise and on photo sensored cell.
2~ All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with / / .
direct lighting to be provided by all entryways. Lighting shall be consistent around the entire
developmenL
SecuritY.HardWare
1. One-inch single cylinder dead bolts shall be installed on all entrance dcora. If windows are within '.~/~/
40 Inches of any locking device, tampered g ass or a double cylinder dead bolt shal. I be used
2. Ail garage or rolling doors shall have slide bolts or some type of secondary locking devices. ~/...~/
SecuritY Fencing . . ' ' · :
1. ' Ail businesses or residential communities with security fencing and gates will provide the police .__./.__/
with a keypad access and a unique code. The initial code is to be submitted to the Police Crime
' Prevention Unit along with plans. If this code is changed due to a change in personnel or for any
other reason, the new code must be.supplied to the Police via the 24-hour dispatch center at
(909) 941~'1488 or by contacting the Crime Prevention Unit at (909) 477-2800 extension 2474 or
extension 2475. :
Building Numbering '
1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime
~LICANT SHALL CONTACT THE FIRE SAFETY' DEPARTMENT, FIRE PROTECTION
iNNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
SEE ATTACHED
RANCHO CUCAMONGA FIRE DISTRICT
STANDARD CONDITIONS
September 21, 2004..
Power Storage
Southern Califomia Edison
N/S Baseline Road, F_./O Day creek Boulevard (SCE Corridor) ·
Public Storage and Exterior RV Parking
DRC2003-01130
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
FSC-1 Public and Pr!rate Water Supply
1, Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing an¢
location of fire hydrants:
a. The maximum distance between fire hydrants in commercial/industrial projects is 300 feet
No portion of the exterior wall shall be located more than 150 feet from an approved fir~
hydrant. For cul-de-sacs, the distance shall not exceed 100 feet.
b. The preferred locations for fire hydrants are:
i. At the e~trance(s) to a commercial; industrial or residential project from the public
roadwaYs.
il. At intersections.
iii. . On the right side of the street, whenever practical and possible.
iv. As required by the Fire Safety District to meet operational needs of the Fire District.
v, A minimum of 40 feet from any building.
~ If any portion of a facility or building is located more than 150 feet. from a public fire hydrant
measured on an approved route around the exterior of the facility or building, additional
pdvata or public fire hydrants and mains capable of supplying the required fire flow shall be
prodded.
· d. -Provide one fire hydrant for each '!'000 gpm of required fire flow or fraction thereof.
FSC-2 Fire Flow
1. The required minimum fire flow for this project, when automatic fire spdnklere are installed is 2,000
gallons per minute at a minim® residual pressure of 20-pounds per square inch. This flow reflects
a 50 percent reduction for the .installation .of an approved automatic fire sprinkler .system in
accordance with NFPA 13 with central station monitoring. This requirement is made in accordance
with the California Fire Code Appendix Ill-A, as adopted by the Fire District Ordinances.
2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide
the required fire flow subject to Fire District review and app[oval. Private fire hydrants on adjacent
property shal! not be uSed to provide required fire flow.
3. Fire protection water plans are required for all projects that must extend the existing water supply to
or onto the site. Building permits will not be issued until fire protection water plans are
approved~. · ·
4. On all site Plans to be submitted for review, show all fire hydrants located within 600 feet of the
proposed project site.
FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems·
1.. Prior to Submitting plans for an overhead automatic fire ~prinkler system, the applicant shall submit
plans, specifications, and calculations for the fire sprinkler system underground supply piping.:
Approval of the underground supply piping system must' be obtained prior to ~ubmitting the
overhead fire sprinkler system plans.
FSC-4 Requirement for an Automatic Fire Sprinkler Systems ...
Rancho CuCamonga Fire District Oi'dinance 15~ the 2001 Califomia Fire Code and/or any other
applicable standards require an approved automatic fire sprinkler system to be installed in:
1. Commercial or industrial structures greater than 7,500 Square feel
2. All structures that do not meet Fire District access requirements (see Fire Access).
3. when required fire flow cannot be provided 'due to inadequate volume or pressure. '
~,. When the building access does not meet the requirements of the'2001 California Building Code
and the RCFPD Fire Department Access - Fire Lane Standard ~9-7
5. When any applicable code or standard requires the slructure to be sprtnklered.
:SC-5 Fire Alarm SYStem
I. .The California Building Code,'.the RCFPD Fire Alarm Standard #10-6 and/or the California Fire
Code require a listed fire sprinkJer monitoring.C.entra! Station Fire Alarm. Prior to the installation of
the building fire alarm system, Fire Construction Services~ plan check approval and a building
..... permit must be obtained: Plans and specifications shall be submitted to Fire construction Services
in accordance with RCFPD Fire Alarm Standard #10-6.
:SC-6 Fire District Site Access
;ire District aCCess roadways include public roads, streets and highways, as well as private roads,
treets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access .
{oadways Std ;~9-7.
'1. Location of Access: All portions of the structures 1st story exterior Wall shall be located within
150 feet of Fire· District vehicle access, measure on an approved route around the exterior of the
build!ng. Landscaped areas, unpaved changes in elevation, gates, and fences are deemed
obstructions. ' · '
2. Specifications for private. Fire District access roadways per the RCFPD Standards are:
a. The minimum Unobstructed width is 26 feet.
b. The maximum inside turn radius shall be 24 feet.
c. The minimum outside turn radius shall be 50 feet,
d. The minimum radius f6r cul-de-sacs is 45 feet.
e. The minimum vertical clearance is .14 feet, 6 inches. ·
f. At any private entry median. the minimum width of traffic lanes shall be 20 feet on each side.
g. The angle of departure and approach shall not exceed 9 degrees or 20 percent.
h. The maximum grade of the driving surface shall not exceed :i2 percent.
I. Support a minimum load of 70,000 pounds gross vehicle weight (GVW).
j.. Trees and shrubs planted adjacent to the fire lane .shall be kept trimmed to a minimum of.
14 feet, 6 inches from the ground up. Vegetation shall not be allowed to obstruct Fire
Department apparatus. ·
3. Access DoonVaYs: Approved doonvays, aCCessible without the use of a laddersshall be provided
as followsi · *
a. In buildings without high-piled storage, access shall be provided in accordance with the 2001
California Building Code, Fire and/or any other applicable standards.
b. in buildings with high-piled storage access doors shall be provided in each 100 lineal feet or
major .fraction thereof, of the exterior 'wall that faces the required access roadways. When
railways are installed provisions shall be made to maintain Fire District access to all required
openings.
4. Access Walkways: Hardscaped access walkways 'shall 'be pro.vided from the fire apparatus
access road to all required building exterior openings,
-5. CommerclaFIndustrla! Gates:_.Any gate installed across .a Fire Department aCCess road shall be
in accordance with Fire District Standard #9-2~ ~l'he foli°v~ir~gclesigr~ re~uire~nen[s'~pplY:.
a. The gate shall be motorized and slide oPen horizontally or swing inward.
b. All. gates must open at the rate of one ~econd for each one-foot of required width.
c. When fully open, the minimum width shall be 20 feet.
d. Gates are not required to be motorized.
3
6. Fire Lane Identification: Red curbing and/or slgnage shall identify the fire lanes. A Site Plan
illustrating the proposed delineation that meets the minimum Fire District standards shall be
included in the architectural p!ans submitted to the Building and Safety Department for approval. '
7. Approved Fire DePartment Access: Any approved 'mitigation measures must be clearly noted on
the Site Plan. A copy of the approved 'Alternative Method application, if applicable, must be
reproduced on the architectural plans submitted to Building and Safety Department for plan review. '
FSC-IO Occupancy and Hazard Control Permits
Listed are those Fire Code permits commonly associated with 'the business operations and/or building
construction. Plan check submittal is required with the permit application for approval of the permit; field
inspection is required prior to permit issuance.. General Use Permit shall be required for any activity or
operation not specifically described below, which in the judgment Of the Fire Chief is likely to produce
conditions that may be hazardous to life or property.
· Hazardous Materials
· Tents, Canopies and/or Air Supported Structures
· · Liquefied Petroleum Gases
· LPG Fuel Vehicles.
, Wood Products/Lumber Yards
F$C-11 Hazardous Materials - Submittal to the County of San Bernard!no
The San Bemardino County Fire Department shall review'your Business Emergency/Contingency Plan
for compliance with minimum standards. Contact the San Bemardino County Fire. Hazardous Materials
Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cai/EPA
~,ertified Unified Program Agency (CUPA) for the City of Rancho Cucamonga.
I. If the facility is a NEW business, a Certificate of Occupancy issued by Building &' safetY will not be
finalized until the San Bemardino County Fire Department reviews your Business
Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City
from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific
· hazardous materials disclosure requirements. A Risk Management Program (RMP).may also be
'required if regulation substances are to be used or stored at the new facility.
Any business that operates on rented or leased property which is required to submit 'a'plan, is also·
required to submit a notice to the owner of the property in writing stating that the business is.
subject to the 'Business Emergency/Contingency Plan mandates and has complied .with the
prov!sions. The tenant must provide a copy of the p an to the property-owner within five (5) working
· 'days, if'requested by the owner. '
;SC-12 Hazardous Materials -Submiffal to Fire Construction services
'lans shall be submitted and approved prior to construction 'of buildings and/or the installatiOn of
quipment designed to store, use or dispense hazardous materials in accordance with the 2001
;alifornia Building, Fire, Mechanical, Plumbing. Electrical Codes, RCFPD Ordinances FD15 and .FD39
nd other implemented and/or adopted standards~ ·
FSC-13 Alternate Method Application
Fire Construction Services staff and the Fire Marshal will review ail requests for.alternate method, whet
submitted. The request must be submitted on the Fire Distdct "Application for Alternate Method" forrr
along with supporting documents and payment of the $92 review fee.
Chronolo.qicaI-SUmmary of RCFPD Standard· Conditions
PRIOR TO ISSUANCE OF.'BUILDiNG PERMITS - Please complete the following prior to the
Issuance of any building permits:
1. Private Water SuPply (Fire)' Systems:· The applicant shall submit construction plans.
specifications, flow. test data and calculations for the private water main system for review anc
approval by the Fire District. Plans and installation shall comply with Fire. District standards.
Approval of the on-site (private) fire underground and water plans is required prior to any buildinG
permit issuance for any structure on the site. Private on-site combination domestic and fire suppl~
system must be designed in accordance with RCFPD Standards # 9-4, #10-2, and #10-4. The
Building and Safety Depadment and Fire Construction Services will perform plan checks and
Inspections. ~'.
All private on-site fire hydrants shall be installed, flushed, and operable priOr to delivering any
combustible framing materials to the site. Fire construction Services will inspect the installation,
witness hydrant flushing and grant a clearance before lumber is dropped.
2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the
locations of all new public fire hydrants for the review and approval by the Fire District and
Cucamonga Valley Water District (CVWD).. On the plan, show all existing fire' hydrants within a
600-foot radius of the project.. Please reference the RCFPD Water Plan Submittal Procedure
Standard. ·
All required publiC fire hydrants shall be installed, flushed~ and operable prior to delivering any
combustible framing materials to the site. CVWD personnel shall inspect the installation and
witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of
the public water system by CVWD. Fire Construction services must grant a clearance before
· lumber is dropped.
3. Construction Access: The access roads must be paved in. accordance with all the requirements
of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed
at least 14 feet; 6 inches above the finished surface of the road.
4~ Fire Flow: A current fire flow letter from CVWD must be received. The appliCant.iS responsible for
obtaining the fire flow information from CVWD and submitting the letter-to7 Fire Construction
Se~ces..
5. Easements and ReciprOcal Agreements: All easements and agreements must be recorded with
the County of San Bemardino. ·
pRIOR TO THE RELEASE OF TEMPORARY POWER
The building construction must be substantiail~, completed in accordance with Fire Construction Services'
"Temporary Power Release Checklist and Procedures."
PRIOR TO oCcuPANCy· OR FINAL INSPECTION - Please complete the following:
1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the tim
hydrant location on the street or driveway in accordance With the City of Rancho Cucamonga
Engineering ·Standard Plan 134, "Installation of Reflective Hydrant.Markers." On private property,
the markers shall be installed at the centerline of the fire access mad, at each hydrant location.
2., ~Private Fire Hydrants: For the purpose of final acceptance~ a licensed sprinkler COntractor, in the
presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-
site fire hydrants.. The underground fire line contractor, developer, and/or owner ars responsible for
hiring the COmpany to perform the test. A final test report shall be submitted to Fire Construction
Services verifying the fire flow available. The fire flow available must meet or exceed the required
fire flow in aCCOrdance with the California Firs Code.
3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the firs sprinkler
system(s) shall be tested and accepted by Fire Construction Services
4. Fire Sprinkler Monitoring: Prior to the issuance Of a Certificate of Occupancy, the fire sprinkler
monitoring system muSt be tested and accepted by Fire Construction Services. The fire sprinkler
monitoring system shall be installed, tested, and operational immediately following the COmpletion
of the fire sprinkler system (subject to the release of power). '
5. Fire Suppression. Systems 'a~d/or other special hazard protection systems shall be .inspected,
tested, and accepted by Fire Construction Services before occupancy is granted and/or equipment
is placed in servica~ .
Fire Alarm System: Pdor to the issuance of a Certificate of Occupancy, the fire alarm system shall
be installed, inspected, tested, and accepted by Fire Construction Services.
?. Access Control Gates: Prior to the .issuance of a Certificate of Occupancy, vehicular gates must
be inspected, tested, and accepted in accordance with RCFPD Standards #9-1 .or ~-2 by Fire
Construction Services.
Fire Access Roadways: Prior to the issuance of any Certificate of occupancy, the fire access
roadways must be installed in aCCOrdance with the approved plans and acceptable to Fire
Construction Services~
iThe cC&R'S, the reciprocal agrsement and/or other approved documents shall be recorded and
contain an approved firs access roadway map with provisions that prohibit parking,, specify the
method of enforcement and identifies who is responsible for the required annual inspections and
the maintenance of all required fire access roadways~
); Address: Prior to-the issuance of a-Cerfificate of Occupancy, commercial/industrial and multi-
' family ·buildings shall post the addrsss with minimum 8-inch 'numbers on contrasting background,
visible from the street and electrically illuminated during periods of darkness. When the bu.ilding
setback' exceeds 200 feet from the ·public street, an additional non,illuminated 6-inch minimum
number addrsss shall be provided at the property entrance. Larger address numbers will be
required on buildings located on wide streets or built with large setbacks in multi-tenant commercial
and industrial buildings. The suite designation numbers and/or letters shall be provided on the frOnt
and back of all suites.
0. Hazardous Materlats: Prior to the issuance'of a Certificate of 'Occupancy, the applicant must
demonstrate (in wdting from the County) that the facility has met or is meeting, the Risk
Management .Plan· (RMP) or Business Emergency/Contingency Plan with the'San Bemardino
County Fire Department, Hazardous'Materials/Emergency Response and Enforcement Divisio~
The applicant must also obtain inspection and acceptance b~ Fire Construction Services.
11. Confidential Business Occupancy Information: The applicant shall complete the Ranch,
Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provide:
contact information for Fire District use in the event of an emergency at the subject building o
property. ·:This form.must·be presented to the Fire Construction Services Inspector.
12. MaPping Site Plan: Pdor to the issuance of a Certificate 'of Occupancy, a 8 '/=-inch by 11-inch o
1 l-inch by 17-inch Site Plan of the site in accordance with RCFPD Standard #13-1 shall be revise(
by the applicant to reflect the actual location of all devices and building features as required in the
standard. The Site Plan must be reviewed and accepted by the Fire Inspector.
'[HE ' C TY. OF _
.~ANC~O C~CAMONCA
Staff
DATE: , April 13, 2005
TO: Chairman and Membem of the Planning Commission
FROM: Brad Buller, City Planner '
BY: Larry Henderson, AICp~ PrinCipal Planner · "
SUBJECT: DEVELOPMENT REVIEW DRC2005-00078 CITY OF RANCHO
CUCAMONGAJSOUTHERN CALIFORNIA EDISON Consideration of a
Memorandum of.Understanding for 'the use of Southern Califomia Edison Utility
Corridors for recreational trail use and some commerCial/industrial uses in selected
· areas as a lowed by the General Plan.
BACKGROUND: For several years the City of Rancho' Cucamonga and Southern Califomia
Edison (SCE) have been engaged· in discussions regarding SCE's desire to develop right of
ways under ownership or jurisdiction of SCE, located within the corporate limits of the City.of
Rancho Cucamonga. in addition, the City has planned for the use of POrtions of the SCE right
of ways as community trails, parks, and/or anCillary recreation related uses through the adopted
General Plan. As 'a result, SCE and the City have developed the attached "Memorandum of
Understanding (MOU) Concerning the Development.of 'Southern Califomla Edison Right of
Ways.' Attached to that document is a Master Plan that depicts SCE'$ right of ways and the
land uses which the City and SCE'desire to develop and use on said right of ways.
A_NALYSlS ·
A. General: The City has reviewed the prOposed uses depicted On .the attached Master Plan
~nd has determined that theproposed uses are, in general, contextually appropriate to the
ocation where each use is .proposed.
Each of the proposed land Uses depicted on the Master Plan,. however, ara subject to
review and approval actions including but not limited to, general plan amendments, zone
· changes, conditional use permits, development review permits, parcel maps, and building
and fire plan checks, depending upon the nature of.the propoSed land use and its location
in the City.
The. City and SCE recognize that should the SCE right of ways be developed aCCOrding to
the land use depicted on the Master Plan, the development must occur in an organized
manner, and the projects must be consistent with the City's General Plan, Zoning
Ordinance, and all'other applicable regulations and poliCies.
PLANNING COMMISSION STAFF REPORT '.
DRC2005-00078 - CITY OF RANCHO CUCAMONGA/SOUTHERN CALIFORNIA EDISON.
April !3, 2005
Page 2 . "·
Implementation: of the citY's Ma~ter Plan of Trails as depicted on the Master Plan attached '
for reference are, in general, conceptually appropriate for use within the portions of SCE
dght of ways where each use is proposed ..
Implementation of each City Recreation FaCilities and/or ancillary use(s) shall be .subject
to SCE'S review and-approval of' individual License. Agreements, which includes the
· operating requirements and limitations of SCE.
Trails AdvisorY Committee: On Februa~j 9, 2005, the Trails Advisory Committee reviewed and
recommended approval of the SCE MOU as presented.
Parks and RecreatiOn Commission: February 17 2005, the Parks and Recreation Commission
reviewed and recommended approval of the SCE MOU as presented. '...
RECOMMENDATION: Staff recommends that, through: minute action; the Plannlhg
Commission recommend that the City Council approve the MOU and Master Plan as presented.
.. inOrder.to implement the City General Plan Trails Master Plan.
City Planner ·
BB:LH/rna
Attachments: Exhibit "A" ~'- Memora~idum of Understanding '(MOU)
Memorandum of understanding ("MOU")..
· COncerning t~e Development of Southern California Edison Right of Ways within
· ,. the CorPorate Limits and Sphere of Influence of the " · '.'
· '.' * ' City of Rancho Cucamonga · ..
The City:of 'Rancho .cucambnga ("City') and Southem California' Edison' ("8CE') for 'several. . ·
: years have been engaged in discussions regarding the desire of aCE to develop Right of Ways '
· under Ownership or jurisdiction of scE located within the corporate limits of the City of Rancho. '
Cucamonga.' In addition the City has planned for the use of portions of the SCE Right of Ways
as community trails; parks,, and/or ancillary recreation related uses through the adopted General
· P an. As 'a result $CE and the City have developed the attached "City of Rancho .Cucamonga - ·
"' SCE MOU - Master Plan' ("Master Plan') of $CE's Right. of Ways dated .. 2005,'~ ' .
and.attached hereto as Exh bE A, which depicts SCE's Right of Wa. ys and the land uses which :
the City and SCE desire to develop and use on said Right of Ways. .
· * * The City has reviewed the proposed uses depicted on the Master Plan and has determined that .
the proposed us~ 'are, In general, .contextually appropriate to the location where each use Is '..
Each'of the-proposed land uses depicted on the Master Plan, however, ere subject to review
and approval actions including but n°t limited to, general plan amendments, zone changes,
· * conditional use permits, development review permits,' parcel maps, and building and fire plan
· checks, depending uPOn the nature of the proposed land. use and Its:location in the City.
'The city and scE mc0gnlze that should the SCE Right of Ways be developed aCCOrding to the
land use depicted on the Master Plan, the development must occur in an organized fashion, and
the projects, must be consistent with 'the City's Gene.nd Plan, Zoning Ordinance,. land all othe?
applicable regulations.and POlicies. ~.'
· Afle'r considering the community planning issues associated with the development of $CE Right
.of Ways within the city the .following understandihg and considerations have been determined:.
· · 1. The Land Uses depicted'on the Master Plan dated* ' ~005. are, In
general' contextually appropriate to the location where each uae is proposed.
"' 2: Each development project proposed by*$CE ~lll be Subject to, and ~onaistent with.the
City's General. Plan, .Developmept Cede,.'and all othe~ applicable.regulations and
3.' Implementa~l~il of t~e City's Master Plan of Trails as'depicted on the Master Plan dated
· ' "2005 are, in general;, conceptually appropriate for.use within, the ....
" ;. ~ of Ways where each use ia prOposed.
4':' implementation of each 'City Recreation Faciiltiesi'and/or andllary uSe(s) shall be
· . subject to SCE's'review. and approval of iqdividual .L!can.s6 Agreements,. which incl. udes
the operating requ!mment~ and limitations of .SCE. . '
.Memorandum of U~derstanding ...... "
City. of R~ncho'Cbcamonga: .... .
Mayor William Alexander . · Date
$outhem Califomia Edison: ~ -
.~ Manager
Reel E~te Revenue DMsion "
Corporate Reel Estate Department " ·
.
EXH/Brr "A"
RANCHO CUCAMONGA - SCE MoA
'RANctt6 CUCAMONGA PROPOSED REcREATI0~ SITES
RC - 1. ' A 'portion of SCE "fee owned" Right of Way (LUgo-S~rran° $00kV
Tran.~nission Line) located on the west side of East Ave. for use as a graded dirt lot for
special event' parkip, g up to twelve (12) times per' year for'equestrian related events
consisling of car, truck and horse trailer parking.
RC - 2. A 2.00 - 3.00 acre portion of SCE "fee owned" Right of Way located on
the east' side of the Day Creek Ch,nnel, north of the Wilson Ave. for use as an ,mpaved
parking lot for trail user(s) vehicles and possibly rest room facilities. It should be noted
that $CE is currently evaluating the future of this property and the p°~SibiliO' of..
di~po~iMon.
"RC - 3 Trail use for existing 2.50-mile section of the SCE Right of Way (Lugo-
Serrano 500kV Tran.~nisgion IJ~e) Consisting of SCE "fee owned" and "easement"
pr°pelty east of thc Day Creek Channel, north of25th SL to the eastern City limits.
R.C._4 · Trail uso for existing 1.77-mile section of the SCE Right of Way
· (-Et~wanda. Padua 220kV Transnussion Line) consmtmg of SCE fee-owned propeix'y
· north of Summit Ave., east 0fthc Day Creek Ch,nnel to the northerly City limits.
RC- 5 ' 'Trail use for existing .90-mile section o£ SCE Right of Way 0VIiddlc .
Lugo-Mira Loma 500kV Transmission Line) consisting of SCE "fee owned" proPerty
northeast of the Day Creek C'bannei to tho northerly city.limits.
RC-6 Trail use for a section of"158 mile of'the SCE Right of way ( Etiwanda-
.Padua 220kV Transmission Line) consisting of SCE ''fee owned" property south of
~.lmolld SL and adjacellt to Tilrqtloise Avelltle. . . .
RC ~ 7 · Trail use for a .68 mile section of the $CE Right of Way (Etiwanda-padua
220kV Tr-~-nsmissi°n Line) consist{rig o£ SCE "fee-owned" property north of .Almond
Avenu~ and east and west of Carnelian Street.
-RC~8 ' Trail use for a 3.00 miles, of scE Ri,,gh! Of,W__ay (Eti .w,~mda'padua' 220.k.V.
Tran~mlssiOn Line~--~-us~s~ ~-f SCE "f6~-o..wned and easement- commencmg jura
east of Hermosa Ave. along the northern City limits and ending at the easterly City limits.
EXI-ImlT
RANCHO CUCAMONGA - SCE MOA "
SCE - CURRENT'DEVELOPMENT SITES ·
SCE - 1 Power Storage '
North Side of Baseline Rd. East of Rochester
8.00 acres (SeffStorago).
. Etiwanda ~ Pauda 220kV TranSmission Line Right of Way · '
SeE - 2 ' Guardian Storage (Phase n)
North Side of An'ow Route, Fast of Rochester Ave.
14.50 acres (Recreational Vehicle Storage)
West Lugo-M/ra Loma 500kV Transm/sdon L/ne Right of Way . .
.SCE - 3 Allstate Recycl/m,
East side of Etiwanda Ave, South of Arrow Route
1.00 acre (Material Storage & Parking)
West. Lugo -~ Mira Loma 500kV Tnmsm!ssion Line Right.o~Way
SCE-4 'R. Critchfield · '
North side of 4a~ S~t, East of. IS fr~way .
6.00 acres (SeLf Storage)
West Lugo- Mira Loma $00kV Transmission' Line Right of Way
SCE - FUTURE DEVELOPMENT srrES ·
SCE. 5 Future Site ' ·
S0uth side of A~ww Route, West ofl5 freeway
3~94 acres (Poss~le' Uses: Commercial, Industr/al or'M/xed Use)
West Iago, Mira Loma 500kV Transm/ssion L/ne Right of Way
SCE -'6 Future Site ..
South'side Footh/I1 Blvd, west of Day Creek Chsnnel
4.67 acres (Poss/ble UseS: Commercial, Industr/al or M/xed Use) · .
West Iago - M/fa Loma 500kV Transm/ssion L/ne Right of Way
SCE - 7 Future Site
~ _ _ ._North side_Fo0thi_'ll Blvd., West'ofDay Creek Channel ' . '
. - ' ' 1.00 acres (Poss~le Uses: ~ial, Industrial'~r. Mix--ed USi) " ~-'
' West Lugo-M/ra Loma $00kV Transm/ssion Line Right of way
$CE- 8 Future'Site
North side Foothill Blvd. to Baseline'Rd., East 0fDay Creek Channel
36.00 acre (Possible Uses: Commercial, 'Industrial or.'E4_ixed Use)
Etiwanda~Padua 220kV Transm/ssion Line Right of Way
· 'PAGE 2
RANCHO CUCAMONGA - SCE MOA .
SCE -'FUTURE DEVELOPMENT SITES -(continued)
SCE- 9 F_Future site
South side Baseline Road, West of Day Cr~ek Channel.'
+ 36.00 acres (Possible.Uses: Horticulture./Agriculture)
We.st Lugo -Mira Loma $00kV Transmission L~ne Right of Way
SCE- 10 Future Site
North side Baseline Road, West of Day Creek Channel
+ 20;00 acres (Poss~le Uses: Horticulture /Agriculture)
· ' · ' West Lugo -Mira Lorna 500kV Transmission Line Right of Way
SCE - 1 ! Future Site ..
South side of Higtfland Ave., east of Orange Ave,
· + 15,00 acres (possible Use: RV & Boat Storage)
Efiwanda-Padua 220kV Transmission Line Right of WaY
.' . . . . ' ~ SPECIAL EVENT DIRT PARKING
· PROPOSED TRAIL HEAD
· ,~.* SCE TRAIl AGREEMENT 8EGM
..~ R~ncho Cuoamonon- SCE , ,. Ijgaj,~ocE~
Daryl Christian, 3 Jenner Street, Suite 180, Irvine, stated he is the applicant. He noted that this
application for the subdivision is the final step of the wrap up in processing this map. He thanked
staff for their assistance in the process.
Vice Chairman McNiel closed the public hearing. He commented that this is considered a routine,
clean-up matter.
Motion: Moved by Stewart seconded by Fletcher, carried 4-0-1 (Macias absent), to approve
Tentative Tract Map Subtt 16987 as presented by staff by adoption of the Resolution of Approval with
conditions.
AYES: FLETCHER, McNIEL, McPHAIL, STEWART
NOES: NONE
ABSENT: MAC[AS - carried
B. 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 Files: Conditional Use Permit DRC2003-01130 and Preliminary
Review DRC2002-00704. Staff has prepared a Negative Declaration of environmental impacts
for consideration.
C. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2003-01130 -
SOUTHERN CALIFORNIA EDISON - A request for a public storage facility on 5.38 acres in the
Utility corridor District, along with outdoor RV parking, six storage buildings totaling 71,175
square feet, and a management office of approximately 1,430 square feet to be located on the
north side of Base Line Road, east of Day Creek Flood Control Channel within the Edison power
line corridor-APN: 1089-031-12. Related Files: Development Code Amendment DRC2003- '
01144, Tree Removal Permit DRC2004-(X)847, and Preliminary Review DRC2002-00704. Staff
has prepared a Negative Declaration of environmental impacts for consideration.
Larry Henderson, Principal Planner, gave the staff report noting that the applicant provided a more
recent exhibit for the plant palette since the distribution of the agenda. He reported that the plant
palette is essentially the same as shown on page B & C.-6 of the agenda packet.
Vice Chairman McNiel opened the public hearing.
Ariel Valli, Valli Architectural Group, 81 Columbia, Suite 200, Aliso Viejo, stated he represents the
applicant. He said he is available to answer any questions or concerns and he thanked staff for their
assistance during the review process..
Vice Chairman McNiel asked what he' anticipates as a timeline for construction purposes on the
project.
Mr. Valli replied that assuming the Development Code Amendment is approved by City Council, he
would anticipate a 6-week window for the preparation of working drawings and then another 4
months for permits before construction can begin.
Lloyd Dearinure, 12167 Avon Court, Rancho Cucamonga, stated that consideration should be given
for the homeowners that live adjacent to the Edison corridor. He reported several concems about
the proposed project. 1) He believes the City's General Plan calls for agricultural uses in the
corridor. He said he does not want to live next to businesses and to allow businesses there would
Planning Commission Minutes -2- April 13, 2005
be unfair to the homeowners; 2) He believes his property value will go down as a result of the
project; 3) He believes the project will negatively affect his quality of life in that he lives north of trail
and it will be visually unappealing; 4) He believes allowing RV storage will create traffic concerns,
particularly for access and egress from the project site.
Vice Chairman McNiel noted that the proposal is for the property specifically between Base Line
Road to the railroad tracts and that the project does not affect Victoria Park Lane. He said the
Development Code Amendroent may in the future allow additional uses in the other corridors shown
on the map, but it is not part of this project being considered tonight.
Mr. Dearinure continued and said that he had visited existing storage facilities and noted 'several
other problems; 5) There would be further impacts froro security lights from the project; 6) The
project will create a new source of noise; 7) The project will attract a crime element and possibly
meth labs; 8) The project decreases open space enjoyed by the homeowners. He noted that
Southem California Edison advertises on their website the possibility of carwashes being built on
these corridors. He commented that the residents live in the neighborhood, not Southern Califomia
Edison (SCE).
Kathleen Munson, 11996 Sagemont Drive, Rancho Cucamonga, said she agrees with Mr. Deafinure.
She remarked that the rear of her home faces north and she lives between Rochester and Day Creek
Boulevard. She said she researched the corridor property before she purchased her home and
thought the corridors would remain open. She remarked that much of Rancho Cucamonga is
designed after the Irvine area and that it has evolved into a well-planned community. She
commented that there were plans to develop a jogging path and that it did not get developed as
scheduled because of a lack of funds. She expressed concern that once the property is re-zoned,
the use could change. She said she has observed high school students gather in the trail area and
that there is drug and alcohol use along with the illegal running of motorized vehicles in the trail area.
She said she loves the area and its proximity to her job. She added that she would not consider
buying a home next to a storage facility and that her home value will be affected. She said she
believes the project will attract crime and sometimes families are discovered living in these storage
facilities. She said these facilities often have razor wire along their fencing. She said she received a
citation from the City for having a trashcan in the front of her house and it seeroed out of place to
allow this project in comparison. She asked the Commission to be sensitive to the homeowners.
Randall Taylor, 7177 Westhaven Place, Rancho Cucamonga, said he is in law enforcement and his
backyard faces the Utility Corridor. He said he echoes the concerns of the previous speakers. He
added that he spent a great deal of tiroe searching for his home before purchasing in terms of a new
neighborhood, a good place to raise his children. He said they had hoped for a new park. He said
he hears stories about storage facilities attracting criroe. He commented that he drives 1 hour and
15 minutes to work everyday, but considers it worth the drive because he feels he is safe where they
live but if the project were approved, it would not be the same; the project would bring down the
neighborhood.
Marlo Avola, 12168 Avon Court, Rancho Cucamonga, stated he has worked for the Los Angeles
county Sheriff's department for i~ ~'ears. He said th&-c0mmu~iity isbeautiful and that he loves what
he sees so far but that he does not want tO look at dirty boats and RV's from the back of his property.
He repeated the same concerns mentioned by the previous speakers adding that he would not have
purchased his home had he known this type of development would ever be allowed.
Donald Boroemann, 7137 Westhaven Court, Rancho Cucamonga, echoed the previous speakers'
concems. He commended SCE for notifying the residents about the development proposal. He said
he was not informed by Richland (the developer that built his neighborhood) that any of this was
being discussed. He said SCE did not submit any plans for the proposal until after all the escrows
were closed in his housing development. He commented that a storage facility Would become a
dumping ground. He added that he believes there would be a liability issue if 50,000 volts of
Planning commission Minutes -3- April 13, 2005
electricity were to strike a metal storage building if the power lines came down. He said the City
would gain more tax revenue if it allowed housing on the propert7 rather than commercial property.
Deborah Dearinure, 12167 Avon Court, Rancho Cucamonga, added that she too searched for her
home before making the purchase. She said the proposed business would be unpleasant to look at.
and would cheapen the vista provided by Victoria Park Lane. She commented that she understands
the portion near her home is not one of the corridor areas slated for development at this time. She
added that they would not want to have to fight this issue in the future. She noted that she felt the
notice sent out was unclear in presenting the project and the direction/purposa of the notice. She
said her neighbors did not know anything about it.
Maria Segoriano, 7142 Westhaven Place, Rancho Cucamonga, said she has lived here for 3 years
and she loves the schools and would hate to leave but they would consider moving if the storage
facility goes in. She expressed concern about the view from her upstairs windows, the value of her
home, and crime.
Brad Bullet, City Planner thanked the residents for their input and clarified that there are 3 distinct
components to the project being presented: 1) the Development Code Amendment, 2) the
Conditional Use Permit, and 3) the Memorandum of Understanding. He reported that most of the
speakers commented on the corridor space that abuts their homes. He clarified that this specific
Conditional Use Permit project does not apply to those areas directly abutting their homes. He said
the site has a flood control channel and utility corridor to the west and an existing fire station to the
east. He remarked that all of the speakers referred to the project as a varianco and he clarified that
it is not a variance, but a Development Code Amendment. He remarked that the Utility Corddor
already has a list of uses allowed and that the amendment would expand that list to include another
commercial use/public storage. He added that in regard to property value, storage units have in
some cases made excellent buffers between uses, some are better land uses as a transition than
others and some have been welcomed. He noted that as long as the property remains a utility
corridor, the City has very little control over lt. He said to allow storage on the property could be a
way of better protection of the property than leaving it as open space. He said that the Commission
has the option to modify the request being presented tonight to include only certain portions of the
corridor for storage depending on how comfortable they are with ~he proposal. In response to an
earlier comment from a resident, he pointed out that the City actually has fewer homes than the
density allowed by the City's first General Plan. He commented that much mo~e space has been
allotted for parks and open space than originally planned. He commented that to the north of the
proposed self-storage facility is a proposed linear park known as "Rails to Trails." He suggested that
the residents might respond differently to the Conditional Use Permit portion of the project proposal if
the Commission chose to limit the development of certain portions of the corridor that might directly
affect them. He gave the public another opportunity to address the Commission with their specific
comments in that regard and asked them if they would still be directly opposed or just opposed in
general.
Randall Taylor returned to the podium and said he would feel the same; the project would bring noise
and glare. He said the area separating the homes from the project may seem large, but it is not. He
asked if the zone change would include the entire corridor.
Mr. Buller said it includes the areas indicated on the map all the way up to the 210 Freeway. He said
there is also the site specific Conditional Use Permit and then the Memorandum of Understanding
that enters into a general agreement with SCE that identifies portions of the utility corridor for trails
and park services.
Mr. Taylor asked if similar facilities could be constructed in the corridor adjacent to his property.
Mr. Buller said they could. He said to limit which corridors could be included is within the Planning
Commission's discretion. He pointed out that many commercial uses are currently allowed in the
Planning Commission Minutes -4- April 13, 2005
corridors including uses such as agriculture, hydroponic culture, green houses, livestoc~ grazing and
breeding, on site sales, cemeteries, crematoriums, mausoleums, stables, trails, country clubs, flood
control structures, and electrical substations to name some.
Lloyd Dearingure commented that it is possible many people threw out the~ notice of this meeting
because it was not clear as to what the notice wes about. He felt many more would have come out
in opposition had they understood more about the project.
Commissioner Fletcher remarked that the number of people that came to the meeting tonight is a
signiticant representation compared to the number that usually come to the meeting'for a specific
item.
Kathleen Munson added that she still would object to the proposal; she visually enjoys the open
corridor and the development would be an eyesore. She said she favors agriculture ora golf course.
She said that would beautify the area. She reiterated that the project would de-value her home and
it would be discouraging to see that. She said she is waiting for the jogging/bike-path to be
developed and she is concerned about the potential increase of crime.
Donald Bomemann reported that all the homes to the west of the project site are 2-story homes. He
said many homeowners paid premium prices for decks outside of the 2nd floor master bedroom. He
said they wera discouraged when SCE removed the trees in the corridor. He said he has some glare
already from the fire station to the east and lights from the project would impact him. He said the
project is about 300 feet away and that is not that far away. He added that it would be unattractive
visually and he is against it.
Vice Chairman McNiel closed the public hearing.
Commissioner Stewart commented that this is a difficult decision. She noted that the decision
tonight is site specific and that development would only be allowed with the processing of a
Conditional Use Permit. She said the Planning Commission has the authority to control what goes
into those noted areas regardless of the zone change. She noted that the zone change does not
specifically mean a storage facility would have to go on that site. She added that the Commission
could bring the use back for review if we experience problems with the use. She said that the use
could be modified, revoked and shut down if necessary. She commented that they have spent a lot
of time reviewing storage facilities in Rancho Cucamonga and the code for their development is very
restrictive. She added that this facility would have security cameras and a security gate. She said
we do not allow raZor wire or metal buildings. She said the buildings are high end architecturally.
She said she believes this would be a compatible use for the utility area and that it already has a
hazardous waste collection facility and a temporary fire station. She commented that the
Commission may say "yes" to this one but not necessarily to others in the future; that each one will
be considered individually, uniquely and on their own merit.
Commissioner McPhail stated that.this site'is not directly behind homes and is buffered by the flood
channel and in the proposed trail to the north. She said that this project has been through the
Design Review Committee and the Committee has required a "high-end" of detail and it.would be
architecturally attractive from all sides. She said that in this case, for this site, she believes it would
be a good use, but that each one will be looked at carefully and the impacts they will have on
residents.
Commissioner Fletcher commented that they are trying to be sensitive to the residents. He noted
that the Development Code Amendment lends flexibility for the uses that can be used in the corridor
and gives direction to SCE as to what uses would be acceptable. He commented that each
application will have to go through the Design Review process and will have to conform to our strict
standards. He noted that every time a storage facility is proposed, we hear concems about the
increase in noise, traffic and crime. He remarked that we do not see that happening in Rancho
Planning Commission Minutes -5- April t3, 2005
Cucamonga in the facilities we are approving. He said we perform a detailed review of the
surrounding streets and neighborhoods before approving storage facilities. He commented that
there is a storage facility near his office and they are good neighbores; they do not create traffic
issues, there are no loud parlies, there are no businesses conducted in the units; there are no meth
labs; no concertina wire. He added that the facility would be allowed under a Conditional Use
Permit, which means if there are problems, the residents can report them to the Planning
Commission and the use can be brought back for review. He said the flexibility of different uses
allowed with the Development Code Amendment would be good.
Vice Chairman McNiel said that they are charged as a Commission is to provide services needed by
the residents of the community. He noted that if you have ever tried to rent storage space in
Rancho, it is likely you will have to go on a waiting list, that there is a shortage of these facilities. He
said that we have very few problems with the facilities that we do have. He stated he does
understand the residents' concerns and appreciates their desire for open space but that we do not
have view rights in Rancho. He added that this project would serve the community at large and he
supports it. He said the project was '~vell done."
Mr. Suller asked what the height of the wall is along the flood control channel side of the project.
Mr. Valli confirmed it is 8 feet along the channel and around the perimeter of the facility. He added
that all the security lighting is in "shoebox" housing and the light will shine straight down to minimize
the impact of glare on the adjacent properties. He said the lights mounted on the walls will be at
about a 9-foot height level and those in the parking lot will be about 15 feet high.
Mr. Buller then encouraged the homeowners to view the specific plans of the project. He directed
staff to have site lines available provided by the architect that depict the landscaping and screening
on the west side of the project.
Jim Markman, City Attorney, clarified that the Planning Commission will be taking action on the three
specific items being considered: 1) the Resolution recommending approval of the Development Code
Amendment; .2) the Resolution approving the Conditional Use Permit and 3) the Memorandum of
Understanding. He added that the Conditional Use Permit application is not effective until the City
council approves the Development code Amendment. He added that this action (for the Conditional
Use Permit) can be appealed and there is a lO-day appeal period. He noted the Code Amendment
and the Memorandum are automatically forwarded to the City Council for final action,
Commissioner Fletcher remarked that development in Rancho Cucamonga is not rampant although it
may be rapid. He explained that everything proposed in these items is allowable in the General Plan.
He said in response to the residents that fear rampant development, that there is concern when
open space is developed. He added that along with tract homes that are topping the one million
dollar-mark come expensive motor homes. He added that we do not allow motor homes to be
parked on the street and therefore we need to provide facilities for their storage. He said this facility
is upscale in design. He noted that he believes this would be a good solution for the utility corridor.
Motion: Moved by Fletcher, seconded by Stewart to adopt a Mitigated Negative Declaration of
environmental impacts, to approve the Conditional Use Permit DRC2003-01130 (noting the corrected
plant palette), to recommend approval of Development Code Amendment DRC2003-01144 to be
forwarded to the City Council for final action, and to approve by minute Action the Memorandum of
Underestanding and Master Plan as presented.
AYES: FLETCHER, McNIEL, McPHAIL, STEWART
NOES: NONE
ASSENT: MACIAS - carried
Planning Commission Minutes -6- April 13, 2005
NEW BUSINESS
D. 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.
This item was discussed in conjunction with items B and C.
PUBLIC COMMENTS
No additional comments were made' at this time.
ADJOURNMENT
Motion: Moved by Stewart, seconded by McNiel, carried 4-0-1 (Macias absent), to adjoum; The
Planning Commission adjourned at 8:30 p.m.
Respectfully submitted,
Approved: April 27, 2005
Planning Commission Minutes -7- April 13, 2005
Region Manager
An EDISON INTERNATIONAL Company
June 14, 2005
Larry Henderson
City of Rancho Cucamonga
Rancho Cucamonga, CA 91729
RE: Environmental Assessment and Development Code Amendment
DRC2003-01144
Dear Mr. Henderson:
Thank you for your patience on this matter. Southern California Edison has contacted
property owners who attended thePlarming Commission mccting ef Aprit t3, 2005~
We believe that while neighbors may still have some concern, that most of their issues
were addressed.
Southern California Edison and Preferred Investments are requesting that the City
move forward wi{h the Environmental Assessment and Development Cede Amef,4ime~
DRC2003-01144 and bring this matter to the City Council for their consideration if
required.
Please contact me if you have any questions or concerns. Thank you for your
consideration.
Sincerely,
Neil Derry
cc: Mike Orduno
CITY OF RANCHO CUCAMONGA
1351 ]L Francis St~eet JUN 16 201~
Oataxio, CA 91761
909;~0-~.501 ~09-930-3~07 (fax)
~x~sc~.~=, RECEIVED - PLANNING
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL 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.
A. Recitals.
1. On April 13, 2005, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Development
Code Amendment DRC2003-01144 and, following the conclusion thereof, adopted its
Resolution No. 05-26, recommending that the City Council of the City of Rancho Cucamonga
adopt said Development Code Amendment.
2. On July 20, 2005, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on the Development Code Amendment.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on July 20, 2005, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The application applies to property located within the City; and
b. The proposed amendment will not have a significant impact on the
environment.
c. This amendment does not conflict with the Land Use Policies of the General
Plan and will provide for development, within the district, in a manner consistent with the
General Plan and with related development; and
d. This amendment does promote the goals and objectives of the Development
Code; and
e. The proposed amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity; and
CITY COUNCIL ORDINANCE NO.
DRC2003-01144 - CITY OF RANCHO CUCAMONGA
Page 2
SECTION 3: Based upon the facts and information contained in the proposed Mitigated
Negative Declaration, together with all written and oral reports included for the environmental
assessment for the application, the City Council finds that there is no substantial evidence that
the project will have a significant effect upon the environment and adopts a Mitigated Negative
Declaration and Monitoring Program attached hereto, and incorporated herein by this reference,
based upon the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the City Council; and, further, this City Council has
reviewed and considered the information contained in said Mitigated Negative Declaration with
regard to the application.
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects will be
reduced to a less-than-significant level by imposition of mitigation measures on the component
of the project that involves development approval for a public storage use on a specific site and
by the imposition of site specific mitigation measures as applications for self-storage facilities
are approved in the future.
c. Pursuant tb the provisions of Section 753.5(c) of Title 14 of the California Code
of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial
Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed
project will have potential for an adverse impact upon wildlife resources or the habitat upon
which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the City
Council during the public hearing, the City Council hereby rebuts the presumption of adverse
effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
SECTION 4: The City of Rancho Cucamonga Development Code is hereby amended to
change SECTION 17.16.030, in words and figures, as shown in the attached Exhibit A.
SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or preempted by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The City
Council of the City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless
of the fact that any one or more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published within 15 days after its passage at least once in the Inland Valley
Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO.
17.16.030 Use regulations.
Uses listed in Table 17.16.030(A) shall be allowable in one or more of the open space districts as
indicated in"the columns beneath each district. Where indicated with the letter "P," the use shall be
a permitted use in that district. Where indicated with the letter "C," the use shall be a conditional
use subject to the conditional use permit process. In the event there is difficulty in categorizing a
given use in one of the districts, the procedure outlined in Section 17.02.040 use determination
shall be followed. All uses are subject to the development review process as described in Chapter
17.06. The city planner may approve accessory uses and structures, and agricultural uses
involving no improvements, under the minor development review process.
Table 17.16.030(A)
USE REGULATIONS FOR OPEN SPACE DISTRICTS
/l District
Use Jl os
1. Single-family dwellings (not to exceed an average density
of 1 unl~ pe[_4~cres): ............ P~__
a. Permanent J[ P I[ P P
b. Temporary II c !L c c
3. Home occupations: J[ P il. ....
4. Accessory structures (such as detached garages, II. [
carports, cabanas, guest houses, barns, storage sheds,
corrals):
a. Related to on-site single-family dwelling il. P JL ....
5. Agricultural uses: J[
owcrop ,t,u kgard n ti. P P P
b. Plant storage or propagation ~1 P .il P P
c. Orchards, vineyards, Christmas and other tree ~
d. Communi~ gardens ~L P J~ P P
e. Greenhouses Jl .....
g. Hydroponic culture JI P .J~ P P
6. Cemetenes crematones mausoleums columbanums, ~]
7. Wildlife presages and sanctuaries: ~ P I P P
a. · Parks, picnic areas, playgrounds il. P j[ " P
b. Hiking, biking, equestrian trails j[ P j[ P P
c. Greenways ~ ...... ~ ....... '~1. __~ ............ P
EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO.
e. Riding schools (equestrian) ii C ii. C ii C
f. Commercial stables ii C il. C il C
g, Country cub and related uses ~l C I C ! C
10. Preservation and use of historic landmarks and related
uses such as museums, art galleries, and food services
to accommodate on-site uses: C C C
11. Flood control structures and facilities: /[ P Jl, P .ii P
12. Light vehicle parking and storage in areas substantially
13. U~ility sub~!}o_n_~..(?~!.e.~ ~.quiP~ent and ?t_ructures):
14. Public Storage and Recreational Ve_..~.icles' ___~ JI il.. c'
P = Permitted Use
C = Conditional Use Permit required
(Ord. 211 § 6 (part), 1983)
Not permitted within the Etiwanda North Specific Plan Area.
POWER STORAGE RANCHO CUCA~ONGA, LLC ~,T5 PL^N
Architectural
Group
TRANSMITTALLETTER
To: LARRY HENDERSON Date: September 15, 2005
Firm: CITY OF RANCHO CUOAMONGA Project Name: POWER-RANCHO CUCAMONGA
PLANNING DEPARTMENT
Address: Project: No. 2001-260
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CA 91729 Sent ~: Delivery Service
DATE COPIES DESCRIPTION
9.15.05 I Colored Site Plan showing site sections and photo angles
I Colored site Sections with dimensions
10 Photo 2 of Site from Residences looking South and simulation with
trees
t0 Reductions of the items listed above
I Disc with all of the 3 images listed above
I Letter of explanation
Remarks:
Please find enclosed the new graphics to address the cencems of the residence property owners which are
within the 600' radius of the Site. Please let me know if you need anything else.
Thank You.
Sentby: Rick Wallace D~: _ pr~oj_'ect architect
81 Columbia Suite 200 · Aliso Viejo · CA · 92656 · Tel: 949/349-1777 · Fmc 949/349-1778
VALLI
ARCHITECTURAL
GROUP
September 15, 2005
Mr. Larry Henderson
Rancho Cucamonga Planning Dept.
10500 Civic Center Ddve
Rancho Cucamonga, CA 91730
Re: Power Self Storage
Rancho Cucamonga, CA
Dear Mr. Henderson:
Enclosed for your use is Photo Simulation View #2 of the proposed Power Self Storage
project. The photograph was taken from the extreme southwest fence corner of the housing
tract to the northeast of the project, as shown on the updated site plan exhibit.
You will see in the existing conditions photo that there is an existing group of trees along the
Power Self Storage project's north property line. The trees total 17 in number and range in
height from approximately 20 feet to 30 feet. No irrigation system appears to exist for these
trees, and no maintenance appears to be taking place.
Photo simulation attempts to place the proposed self storage buildings into this photo context
were unsuccessful in terms of cladty due to the cross angle view from the photo position to
the proposed buildings.
In discussing the situation with John McDonald, it was decided that the best solution to
address the concerns of the north side property owners would be to infill plant the gaps in the
existing tree screen wall with new trees and shrubs. We believe that 10 trees of 24" box size
would more than adequately screen any building visibility from the north.
A photo simulation of the finished condition shows total screening of the proposed buildings.
Mr. McDonald is willing to accept a Condition of Approval along these lines.
Please call if you have any questions, and let me know your thoughts.
Sincerely,
Valli Architectural Group
.... flECE% 0 '
President
cc: John McDonald
81 COLUMBIA, SUITE 200 ALISO ¥1EJO, CA g2656 PH; g4g-34g-1zZ7 FAX: 94g-34g-17Z8 E-MAIL; mail~valliarch.com
PO~AtER STORAGE RANCHO CUCArC~ONGA LLC slate PLAN
PETITION
Mayor: William J. Alexander
Mayor Pro-tem: Diane Williams
Council Members: Rex Gutierrez, L. Dennis
Michael, Sam Spagnolo
Subject: Environmental Assessment and
Development Code Amendment DCR2003-
01144 - City of Rancho Cucamonga
We the undersigned residents of Rancho
Cucamonga are OPPOSED to the Request to
amend Section 17. ! 6.030 use regulations to
allow public storage facilities, including
outdoor.~king in the Utility Corridor
District as outlined in the Memorandum of
Understanding DRC2005-00078 City of
Rancho Cucamonga; Conditional Use Permit
DRC2003-01130; and Preliminary Review
DRC2002-00704.
Name Signature Address
Name Signature Address
AN ORDINANCE OF THE CITY COUNCIL 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 LIMITED LOCATIONS OF THE UTILITY CORRIDOR
DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. On Apdl 13, 2005, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Development
Code Amendment DRC2003-01144 and, following the conclusion thereof, adopted its
Resolution No. 05-26, recommending that the City Council of the City of Rancho Cucamonga
adopt said Development Code Amendment.
2. On July 20, 2005, August 17, 2005, and September 21, 2005, the City Council of the
City of Rancho Cucamonga conducted duly noticed public hearings on the Development Code
Amendment.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on July 20, 2005, August 17, 2005, and September 21, 2005,
including written and oral staff reports, together with public testimony, the City Council hereby
specifically finds as follows:
a. The application applies to the property located within the City; and
b. The proposed amendment will not have a significant impact on the
environment; and
c. This amendment does not conflict with the Land Use Policies of the General
Plan and will provide for development, within the district, in a manner consistent with the
General Plan and with related development; and
d. This amendment does promote the goals and objectives of the Development
Code; and
e. The proposed amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity; and
CITY COUNCIL ORDINANCE NO.
DRC2003-01144 - CITY OF RANCHO CUCAMONGA
September 21, 2005
Page 2
SECTION 3: Based upon the facts and information contained in the proposed Mitigated
Negative Declaration, together with all written and oral reports included for the environmental
assessment for the application, the City Council finds that there is no substantial evidence that
the project will have a significant effect upon the environment and adopts a Mitigated Negative
Declaration and Monitoring Program attached hereto, and incorporated herein by this reference,
based upon the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the City Council; and, further, this City Council has
reviewed and considered the information contained in said Mitigated Negative Declaration with
regard to the application.
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects will be
reduced to a less-than-significant level by imposition of mitigation measures on the component
of the project that involves development approval for a public storage use on a specific site and
by the imposition of site specific mitigation measures as applications for self-storage facilities
are approved in the future.
c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code
of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial
Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed
project will have potential for an adverse impact upon wildlife resources or the habitat upon
which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the City
Council during the public hearing, the City Council hereby rebuts the presumption of adverse
effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
SECTION 4: The City of Rancho Cucamonga Development Code is hereby amended to
change SECTION 17.16.030, in words and figures, as shown in the attached Exhibit A.
SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or preempted by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The City
Council of the City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless
of the fact that any one or more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published within 15 days after its passage at least once in the Inland Valley
Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO.~__~
17.16.030 Use regulations.
Uses listed in Table 17.16.030(A) shall be allowable in one or more of the open space districts as
indicated in the columns beneath each district. Where indicated with the letter "P," the use shall be
a permitted use in that district. Where indicated with the letter "C," the use shall be a conditional
use subject to the conditional use permit process. In the event there is difficulty in categorizing a
given use in one of the districts, the procedure outlined in Section 17.02.040 use determination
shall be followed. All uses are subject to the development review process as described in Chapter
17.06. The City Planner may approve accessory uses and structures, and agricultural uses
involving no improvements, under the minor development review process.
Table 17.16.030(A)
USE REGULATIONS FOR OPEN SPACE DISTRICTS
· ~[ District
1. Single-family dwellings (not to exceed an average density i
....... 9f. 1 unit per 40 acres): ......................
;
2. Caretaker quarters:
a. Permanent il P P
3. Home occupations: ~k P
4. Accesso~ structures (such as detached garages,
carpo~s, cabanas, guest houses, barns, storage sheds,
corrals):
b Not related to on-site dwe ng P
I ..... ~ ....................... I ......
5. Agricultural uses:
I a. Row crops, truck gardens ii, P P
. b Plant storage or propagation ~ P
:' c. Orchards vineyards Christmas and other tree
I ............ fa~s ........................... P
~ e. Greenhouses ~J P P
J f: ~ivestock grazing, breeding (no feed lOtS) Jl R P
h' on?i~e sa~es of products grown oD site I
6. Cemeteries, crematories, mausoleums, columbariums,
and related uses: C --
7 Wildlife prese~es and sanctuaries' J P P
8. Forest m~[otenan~e f~cilities(ranger s~ation: J
a. Par~, pic.~c ar.a~, p,a~g~ound~ I
c. ~,eenwaY~ ~ ~ I P
EXHIBIT A (DRC2003-01144) OF CITY COUNCIL ORDINANCE NO.
d. Golf courses i C ! ¢ .I C
][_._ ~.....}L_£_.I ...... C._.
.~. Co,,~tr'zc~ub,ndre.,t,dUS,S il C ~1 C $1 C.
10. ~roso~ation and use o[ historic lanOmarks and rolatod
uses such as museums, a~ galleries, and food so.ices ~
to accommodate on-site uses:
12. L'ght veh'cle parking and storage in areas substantially "
surrounded by industrial uses: ........... {I '_: ........ ~1_.,,,~_.]
~1 c I c
:;1_ 14. Public Storage and Recreational Vehicles' }[ _.~1 L
P = Permi~ed Use
C = Conditional Use Permit required
(Ord. 211 { 6 (pad), 1983)
~ Applies only to Sub Area $CE I and SCE 5 of MOU Map Exhibit dated September 21,
2005 included herein by reference.
Memorandum of Understanding ("MOU")
Concerning the Development of Southern California Edison Right-of-Ways within
the Corporate Limits and Sphere of Influence of the
City of Rancho Cucamonga
The City of Rancho Cucamonga ("City") and Southern California Edison ("SCE") for several
years have been engaged in discussions regarding the desire of SCE to develop Right-of-Ways
under ownership or jurisdiction of SCE located within the corporate limits of the City of Rancho
Cucamonga. In addition the City has planned for the use of portions of the SCE Right-of-Ways
as community trails, parks, and/or ancillary recreation related uses through the adopted General
Plan. As a result SCE and the City have developed the attached "City of Rancho Cucamonga -
SCE MOU - Map Exhibit of SCE's Right-of-Ways dated September 21, 2005, and attached
hereto as Exhibit A, which depicts SCE's Right-of-Ways and the land uses which the City and
SCE desire to develop and use on said Right-of-Ways.
The City has reviewed the proposed uses depicted on the Map Exhibit and has determined that
the proposed uses are, in general, contextually appropriate to the location where each use is
proposed.
Each of the proposed land uses depicted on the Map Exhibit, however, are subject to review
and approval actions including but not limited to, general plan amendments, zone changes,
conditional use permits, development review permits, parcel maps, and building and fire plan
checks, depending upon the nature of the proposed land use and its location in the City.
The City and SCE recognize that should the SCE Right-of-Ways be developed according to the
land use depicted on the Map Exhibit, the development must occur in an organized fashion, and
the projects must be consistent with the City's General Plan, Zoning Ordinance, and all other
applicable regulations and policies.
After considering the community planning issues associated with the development of SCE
Right-of-Ways within the City the following understanding and considerations have been
determined:
1. The Land Uses depicted on the Map Exhibit dated September 21, 2005, are, in
general, contextually appropriate to the location where each use is proposed.
2. Each development project proposed by SCE will be subject to, and consistent with
the City's General Plan, Development Code, and all other applicable regulations and
policies.
3. Implementation of the City's Master Plan of Trails as depicted on the Map Exhibit
dated September 21, 2005, are, in general, conceptually appropriate for use within
the portions of SCE Right-of-Ways where each use is proposed.
4. Implementation of each City Recreation Facilities and/or ancillary use(s) shall be
subject to SCE's review and approval of individual License Agreements, which
includes the operating requirements and limitations of SCE.
Memorandum of Understanding
City of Rancho Cucamonga:
Mayor William Alexander Date
Diana Weinmueller
Southern California Edison:
Diana Weinmueller, Date
Manager
Real Estate Revenue Division
Corporate Real Estate Department
RANCHO CUCAMONGA PROPOSED RECREATION SITES
RC - 1 A portion of SCE "fee owned" Right-of-Way (Lugo-Serrano 500kY Transmission
Line) located on the west side of East Avenue for use as a graded dirt lot for special event
parking up to twelve (12) times per year for equestrian related events consisting of car, truck,
and horse trailer parking.
RC - 2 A 2.00 - 3.00 acre portion of SCE '`fee owned" Right-of-Way located on the east
side of the Day C~eek Channel, north of the Wilson Avenue for use as an unpaved parking lot
for trail user(s) vehicles and possibly restroom facilities. It should be noted that SCE is currently
evaluating the future of this property and the possibility of disposition.
RC - 3 Trail use for existing 2.50-mile section of the SCE Right-of-Way (Lugo-Serrano
500kV Transmission Line) consisting of SCE "fee owned" and "easement" property east of the
Day Creek Channel, north of 25th Street to the eastern City limits.
RC - 4 Trail use for existing 1.77-mile section of the SCE Right-of-Way (Etiwanda-Padua
220kV Transmission Line) consisting of SCE '`fee-owned" property north of Banyan Avenue,
east of the Day Creek Channel to the northerly City limits.
RC- 5 Trail use for existing .90-mile section of SCE Right-of-Way (Middle Lugo-Mira
Loma 500kV Transmission Line) consisting of SCE '`fee owned" property northeast of the Day
Creek Channel to the northerly city limits.
RC-6 Trail use for a section of .58 mile of the SCE Right-of-Way (Etiwanda-Padua
220kV Transmission Line) consisting of SCE '`fee owned" property south of Almond Street and
adjacent to Turquoise Avenue. '
RC - 7 Trail use for a .68 mile section of the SCE Right-of-Way (Etiwanda-Padua 220kV
Transmission Line) consisting of SCE '`fee-owned" property north of Almond Avenue and east
and west of Carnelian Street.
RC-8 Trail use for a 3.00 miles of SCE Right-of-Way (Etiwanda-Padua 220kV
Transmission Line) consisting of SCE "fee-owned" and "easement" commencing just east of
Hermosa Avenue along the northern City limits and ending at the easterly City limits.
SCE - CURRENT DEVELOPMENT SITES
SCE - 1 Power Storage
North Side of Baseline Road East of Rochester
8.00 acres (Self Storage)
Etiwanda - Pauda 220kV Transmission Line Right-of-Way
SCE - 2 Guardian Storaqe (Phase II)
North Side of Arrow Route, East of Rochester Avenue
14.50 acres (Recreational Vehicle Storage)
West Lugo-Mira Loma 500kV Transmission Line Right-of-Way
Exhibit A
EXHIBIT A
RANCHO CUCAMONGA - SCE MOU
September 21, 2005
Page 2
SCE- 3 Allstate Recyclinq
East side of Etiwanda Ave, South of Arrow Route
1.00 acre (Material Storage & Parking)
West Lugo - Mira Loma 500kV Transmission Line Right-of-Way
SCE - 4 .R. Critchfield
North side of 4th Street, East of 15 freeway
6.00 acres (Self Storage)
West Lugo - Mira Loma 500kV Transmission Line Right-of-Way
SCE - FUTURE DEVELOPMENT SITES
SCE - 5 Future Site
South side of Arrow Route, West of 15 freeway
3.94 acres (Possible Uses: Commercial, Industrial or Mixed Use)
West Lugo - Mira Loma 500kV Transmission Line Right-of-Way
SCE - 6 Future Site
South side Foothill Boulevard west of Day Creek Channel
4.67 acres (Possible Uses: Commercial, Industrial or Mixed Use)
West Lugo - Mira Loma 500kV Transmission Line Right-of-Way
SCE - 7 Future Site
North side Foothill Boulevard, West of Day Creek Channel
1.00 acres (Possible Uses: Commercial, Industrial or Mixed Use)
West Lugo-Mira Loma 500kV Transmission Line Right-of-Way
SCE-8 Future Site
North side Foothill Boulevard to Baseline Road, East of Day Creek Channel
36.00 acre (Possible Uses: Commercial, Industrial or Mixed Use)
Etiwanda-Padua 220kV Transmission Line Right-of-Way
SCE - 9 .Future Site
South side Baseline Road, West of Day Creek Channel
+ 36.00 acres (Possible Uses: Horticulture / Agriculture)
West Lugo - Mira Loma 500kV Transmission Line Right-of-Way
SCE - 10 Future Site
North side Baseline Road, West of Day Creek Channel
+ 20.00 acres (Possible Uses: Horticulture / Agriculture)
West Lugo - Mira Loma 500kV Transmission Line Right-of-Way
SCE - 11 Future Site
South side of Highland Avenue, east of Orange Avenue
_.+ 15.00 acres (Possible Use: Horticulture / Agriculture.
Etiwanda-Padua 220kV Transmission Line Right-of-Way
POWER STORAGE RANCHO CUCAMONGA, LLC SIrE
POWER STORAGE RANC~O CUCA~CONGA C ~
TH E CITY OF
I~A N C ~10 CUCAFIONGA
SlaffReport
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Dan Coleman, Acting City Planner
BY: Kristin Wnek, Planning Aide
SUBJECT: LANDMARK DESIGNATIONS DRC2005-00777 AND DRC2005-00776 - CHRIS
NICHOLS - A request to initiate an application to designate the original Roberd's House
located at 9532 Roberds Court and the Nazarene Church located at 7201 Amethyst
Street as Designated Local Landmarks- APN: 202-161-05- APN: 202-161-04
RECOMMENDATION: Staff recommends that the City Council initiate an application so the Historic
Preservation Commission can consider the Historic Landmark Designation of the original Roberd's
House and the Nazarene Church.
BACKGRGUND: In 1988 the Historic Preservation Commission reviewed the designation of the
property located at 7201 Amethyst Street and approved it as a Point of Historic Interest. The property
located at 9532 Roberd's Court has not been considered to date. The original Roberd's house was
built in 1913 by Harry Roberds and his wife Rilla and is considered to be the first house built in Alta
Loma. During the 1920s the Roberds felt this dwelling was too small to support their family so they had
it moved 1o its current site on Roberd's Court. They then purchased the Nazarene Church and had it
moved to the site on Amethyst Street where it is currently located.
ANALYSIS: The attached Staff Report from June 2, 1988 provides a detailed analysis of the
historical and cultural significance of the Nazarene Church (Second Roberd's House).
CONCLUSION: Based/e~ the request by Chris Nichols, staff is recommending that for
H~mark D~g~ation be considered for the subject properties. Applications
Dan Coleman
Acting City Planner
Attachment: Exhibit A - Staff Report dated June 2, 1988
Exhibit B - Letter from Chris Nichols requesting Landmark Designation for 9532 Roberd's
Court and 7201 Amethyst Street- Dated August 22, 2005
Exhibit C - Pictures
Exhibit D - Location Map
CITY OF RANCHO CUCAMONGA ~
f STAFF REPORT
DATE: June 2, 1988
TO: Chairman and Members of the Historic Preservation Commission
FROM: Larry Henderson, Senior Planner
BY: Arlene Banks, Associate Planner
SUBJECT: A PROPOSAL TO DESIGNATE THE 'ROBERDS HOUSE, 7201 AMETHYST
AVENUE ORIGINALLY THE NAZARENE CHURCH, A HISTORIC LANDMARK -
APN: 202-161-04
I. PROJECT AND SITE DESCRIPTION:
A. Location: lhe house is located on an L-shaped parcel, on the
~e of Amethyst, immediately south of the Pacific
· Electric Railroad Tracks and the Water District storage tanks.
B. Site Land Uses - Zoning - Generel Plan Designation: ,The site
is a single family residence. The zoning is MH, Medium-High
Density Residential (14-24 dwelling units per acre) and is
designated H, High Density Residential (24-30 dwelling units
per acre) on the General Plan Land Use Map.
C. Surrounding Land Use - Zontn9 - General Plan Designation:
North - Water District property with storage tanks; Zoned and
Designated MH, Medium-High Density Residential (14-24
dwelling units per acre)
South Single family residence; Zoned GC, General Commercial
and the General Plan Designation is Commercial.
General Commercial is more intensive than
Office/Professional or Neighborhood Commercial
District and can include major shopping facilities,
major service-oriented uses and major financial and
corporate headquarters.
East - Senior housing development; Zoning is SHOD, Senior
Housing Overlay District; General Plan is High
Density Residential (24-30 dwelling units per acre).
West - Across Ametkyst are the railroad tracks and vacant
land. zoning is GC, General Commercial and General
Plan Designation is Commercial.
O. Description: The 1-1/2 story house is barely visible from the
street because of dense vegetation. The State Historic
Resources Inventory form characterizes it as a Craftsman style
structure. Outstanding features include the long shed dormer,
the gabled portico with simple stickwork in the pediment, ma~y
multi-parted windows and French doors, exposed beams and
raftertails, and large round cement columns with simple caps
which support the porch and the pergola along the north side.
· HISTORIC PRESERVATIO~STAFF REPORT
RE:' ROBERDS HOUSE ~
June 2, 1988
Page 2
The house has a garage at the end of the driveway. The lot is
large, nearly one acre.
II. ANALYSIS:
A. Background - Current: This property was sele.c, ted from the 11st
of potential landmarks as part of the City's program to
desfgnate. 1ts landmarks and points of interest tn an orderly
fashion.
B. Background - Historic: Information on this property comes from
the State Historic Resources Inventory form and fro~ The
History of Alta Loma, California 1880-1980 by Martha Stoebe e-~-
R111a Roberds was the daughter of Douglas 14. Stephens, pioneer
vineyardfst of Cucamonga. Harry and Rtlla Roberds built the
first home in the Alta Loma Townstte on thts land. They had
been marrled in 1913 and both worked tn the first packing
house. They rode around town on a Twtn Indtan motorcycle.
the twenties, after theJr son, Ron, was born, they moved their
snell house farther south and bought the Nazarene Church,
located about a mile away at Archibald, 40 acres south of Base
Line, and moved it to the original stte of the ftrst house.
They remodeled the church tnto a home.
The Roberd's telephone was used when there was a fire. The
first ftre engtne was kept in a garage Just north of their
property. Rtlla Roberds would run out and wave at the servtce
station when a fire call came.
The east-west street 200 feet south of the site ts called
Roberds Court. The Roberds family once owned most of the land
south of the tracks down to Base Line on both sides of
AmetlLYst.
C. Significance of the Roberds House: The Roberds House has
several features and associations that give tt local
significance. Its architecture is of spectal interest because
it ts an example of early "adaptive reuse" and because it ts a
(simple) Craftsman style structure. It is significant also
because the Roberds family is well known. Mrs.. Roberds is a
member of the pioneering Stephens family, and Mr. Roberds built
the first house within the Alta Loma Townsite.
B. Relevant City Policies: This house is on the edge of Old Town
Alta Loma. The General Plan calls for the preparation of a
Neighborhood District Plan to preserve the character of this
area.
E. Issues: . The property is zoned for Medium-High Density
~esidentlal use. A single family residence is a non-conforming
HISTORIC PRESERVATIC)~STAFF REPORT
RE:' ROBERDS HOUSE I~~
June 2, 1988
Page 3
use tn this zone; therefore, the house cannot be enlarged. The
size of the ]or and the non-conforming status of the house
raises a question about how ]ong the property wi]l remaln as it
ts. Changing the City code to a]low, with a Conditional Use
Permtt, expansion of non-conforming uses that are historic
landmarks if such expansion would not adversely affect adjacent
property would help preserve such landmarks.
III. FACTS FOR FINDINGS: The Roberds house meets several criterfa in
the Historic Preservation Ordinance:
A. Historical and Cultural Significance:
1. The proposed landmark is particularly representative of
an historical period and style.
2.The proposed landmark is an example of a type of
building which was once common but is now rare.
3. The proposed landmark was connected with a local
personality.
B. Neighborhood and Geographic Setting.
1. The proposed landmark materially benefits the historic
character of the neighborhood.
The proposed landmark in its location represents an
established and familiar visual feature of the
neighborhood and community (Ord. 70 Sg, 1979).
IV. CORRESPONDENCE: Staff has talked to a member of the family while
visiting the site. The owner has been notified, as well as owners
within 300 feet. This item has been advertised as a public hearing
in The Daily Report newspaper.
V. RECOMMENDATION: Staff recommends that the Historic Preservation
Commission recommend to the City Council that they designate the
Roberds House, 7201 Amethyst Avenue, a Historic Landmark because
the site meets the criteria of the Ordinance and designation is in
harmony with the General Plan.
Senior Planner
LH:AB:ko
Attachments: State Htstoric Resources Inventory Form
Landmarks Application
Photographs
CITY OF RANCHO CUCAMONGA
Al. J6 2 5 2005
August 22, 2005
RECEIVE -
B~tl Alexandex, Iv~ of Rancho Cucamonga
All CoRncil Me~nbers
Re: Assessor Parcel #20216104
7201 Amethyst Ave
Altar,.,,,, r ag 701 25 5
Monicipal Code: Section 2.24.100
Dear Mayor and City Council Members,
I am writing this lette~ to inkiat¢ an application to making said property a designated landmark. Ple~5~
pamphlet information has a copy ofthe cover attached to it.
I have lived in Alta Loma since 1964 and of corpse have exlxwienced the dramatic growth a[ld cllaltg~
of the community that surrounds "Old Town Alta Loam".' The house I live in, 9532 Roberds Ct is the first
honse to be built in Alta Loma and was originally at the Amethyst address. As it states in the enclosed
infor~ati(~l wheal the house became too small for her growing family, MI~. Roberds moved it ~o ils
current address oo Rol~ds and moved in the Nazarene chumh to the Amethyst address to accommrxlate
hex growing family. We have lost so many of our historical houses and settings, through demolition or
natural disasters, I feel it is a shame to let one of the first dwellings of Alta Loma fall to the hands of
developers and be demolished, yet again losing our wonder~ heritage to uncaring hands. Also in front of
the Amethyst house is a redwood that is 100+ years old and would surely become firewood if the
development continues. Please stop by the above address, 7201 Amethyst, and view the true ma~oni~C~lCe
of the tree for ycansei~
I have a true love and feel vexy passionate about the history of Alta Loam and have ofton felt it has
been lo~t in the shuffle of money and developers. I rant the house I live in at 9532 Roberds mad have lived
therefor 12 years. I have lived in this direct neighborhend f~x more than 20 years. I have several times
tried to buy the honse I am in, but to no avail, lVly curnmt landlord is not an Alta Loman native, but he
rices have great respect fo~ the history and culture ofthe area. Theae are people trying to Imy the land at
7201 Amethyst and trying to buy the 3 houses here on Robexds. Since my house is the first home in Alta
Loma I would also like to apply for it to be an historical landmark, but I could find no parcel number for
it. I feel that time is of the essence lex my application to be submitted, because the ownexs of these
properties are tempted by the off'e* of money. My hope is to at least preserve one or both of these houses.
The next page are the signatures of my neighbors, all which have been in the neighborhood 30+ years
and so'ne of which are decedents of the original settle~ .'
9532 Robexds Ct.
Alta Loma, Calf.
Atgus~ 22, 2005
The following signalures have ~dorsed the application fo~ 7201 Amethyst and 9532 Roberds Ct. to
become historical landmarks in the Rancho Cucamonga "Old Town Alta Loma" area.
$.
6.
7201 Amet!T!Yst
7201 Amethyst
7201 20216104
7209
7230 '~'
20216105
7235 9548
ROBERDS
7263 F
7271
9464 7289 9560 9588
BASE LINE
'~' SUBJECT PARCELS
200 0 200 400 Feet
SITE LOCATION MAP
DRC2005'00776
&
EXHIBIT __ DRC2005-00777
- . i CITY COUNCIL AGENDA
'"" "' SEPTEMBER21, 2005 -7:00 P.M..,
.,~?,.~ftO HALL, 10500 CiViC CENTER DRIVE
Tho following items do not legally require any public testimony,
although the Chair may open the meetln[l for public inpuL
1.CONSIDERATION OF LANDMARK DESIGNATIONS DRG-2005-
00777 AND DRC-2005-00776 - CHRIS NICHOLS A
recommendation to initiate Historic Landmark Designations for 9532
Roberd's Ct. for the original Roberd's House, located at 9532
Roberd!s Ct., aed 7'201 Amethyst St., the Nazar~n~e Church (second
Roberd's House), located at 7201 Amethyst St. as Designated Lo~ -- -
Landmarks -APN: 202-161-05 &APN: 202-161-04.
2. CONSIDERATION OF THE ISSUANCE OF THE CITY OF RANCHO
C. tlC. AMONGA C..OMMHNITY FACILITIES DISTRICT NO. 2000-03
(RANCHO SUMMIT) 2005 SPECIAL TAX BONDS AND APPROVAL
OF THE FORMS OF THE FISCAL AGENT AGREEMENT, BOND
PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT
AND OTHER TRANSACTIONAL DOCUMENTS.
RESOLUTION NO. 06-278
A RESOLUTION OF THE CITY C. OIINOIL OF
THE CITY OF RANCHO CUCAMONGA.
CALIFORNIA, ACTING IN iTS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2000-03 (RANCHO
SUMMIT), AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF SPECIAL T/MX
BONDS OF THE DISTRICT, APPROVING THE
FORM OF FISCAL AGENT AGREEMENT,
BOND PURCHASE AGREEMENT,
PRELIMINARY OFFICIAL STATEMENT AND
OTHER DOCUMENTS AND AUTHORIZING
CERTAIN ACTIONS IN C. ONNECTION WITH
THE ISSUANCE OF SUCH BONDS
I. COUNCIl, PMJSINESS
)'he followinfl items have been requested blt the ¢i~ Council for
discussion. They are not public hearin§ items, aRhoaflh tho Chair
may open the meetin§ for public input.
~. COUNCIL ANNOUNCEMENTS (Comments to he limited to thrao
minutes per Councilmember.)
2. CONSIDERATION OF ALTERNATIVES REGARDING THE
PQT_ENT!A~LHO_STING OF TIdE FREEDOM'S FLAME MEMORIAL
AT CENTRAL PARK (CONTINUED FROM JULY 6, 2005)
Ken Wilson
9548 Roberds Ct
Alta Lqma, CA 91701 ~, _..~ ~ ,
September 20, 2005
City oF Rancho Cucamonga , '"~'- ., ~.'" . ~-" "
City Conncil
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
RE: Regards to City Council ~t
Meeting for September 2]~ , 2005
"Consideration of ]Landmark Designation~202-I 61-04 and 0~02-161-0~".
Dear Council,
I am writing in regards to a petition filed by Chris Nichols, (my tenant and next door
neighbor) to designate my parcel (0202-I 61-0~) to be a "Historic Landmark".
As the property owner, this is NOT supposed by me.
My parcel has 3 houses on it and is currently zoned commercial.
TMs little I bedroom house lhat Chris lives in alon8 with the one I live in are yew small
~d not of any real historic value.
The ] bedroom house sits on the same land as (2) other houses without their own separate
lots.
Though ] dislike the "commercial zoning" nor my houses, I oppose this Historic
Landmark attempt.
As you are aware home improvements are very limited with commercial zoning.
The eurrenl zoning is unsuited for this area o[historic homes.
1 have the book "History of Alta Lomb' and there is uothing in it about this little house.
As thr as bein8 the ls~ Roberds house. All hearsay ~
Finally I do not know why as lhe owner of 9532 Roberds and livin8 at 9548 Roberds that
I was not notified of this petition but would like the Council to know I strongly oppose it.
Sincerely,
Kenneth Wilson
Robert Bathish
7201 Amethyst Street
Alta Loma, CA 91701
September 19, 2005
City of Rancho Cucamonga
Arm: City Co~cil
10500 Civic Center Drive
R~cho Cucmonga, CA 91730
~: Consideration of L~k Desi~ations 0202-161-04 ~d 0202-161-05.
De~ Council,
I m ~ting in reg~ds to a petition filed by C~s Nichols a cu~ent tenet of Ken Wilson
owner of 9532 Roberd's Ct. Alta ~ma, Ca 91701 to desi~ate his p~cel 0202-161-05
~d my p~cel 0202-161-04 as a historic l~dm~k.
First I would like to memion that K~en ~d J~es West, the dau~ter ~d son in law of
the original owner Mrs. Roberds had this issue heard by the R~cho Cucmonga City
Co~cil in Au~st of 1989 ~d it was ruled not a historic ]~dm~k on p~cel 0202-161-
04 only. P~cel 0202-161-05 w~ never ~ issue with ~e historic societies or the City oF
R~cho Cucmonga due to the nat~e of the structure.
I would also like to mention that I would not have bou~t this house if it w~ indeed a
Historic L~k ~d by desi~ating or ch~ging the previous ruling would create
extreme fin~cial hardship to me.
Finally I do not ~ow why as the owner of 7201 ~ethyst that I was not notified of this
petition but would like the Council to ~ow I s~ongly oppose ~y decision that would
lead to historic l~dm~k desi~ations on either of the above mentioned p~cels.
Respectfully,
Cc: file/Lowary
T H E C I T Y 0 F
~AN C H 0 CIICAM 0 N GA
SmffReport
DATE: September 21, 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
SUBJECT: AUTHORIZATION OF THE ISSUANCE OF THE CITY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-3
(RANCHO SUMMIT) 2005 SPECIAL TAX BONDS AND APPROVAL
OF THE FORMS OF THE FISCAL AGENT AGREEMENT, BOND
PURCHASE AGREEMENT, PRELIMINARY OFFICIAL
STATEMENT AND OTHER TRANSACTIONAL DOCUMENTS.
RECOMMENDATION:
It is recommended that the City Council, acting in its capacity as the legislative body of
Community Facilities District No. 2000-03 (Rancho Summit) (the "District") adopt the
resolution (the "Resolution of Issuance") to authorize the issuance of bonds for the District to
finance the acquisition of certain authorized public improvements, to approve the form of a
Fiscal Agent Agreement, Bond Purchase Agreement, Preliminary Official Statement and
Continuing Disclosure Agreement pertaining to such bonds.
BACKGROUND:
The District.
The District was originally formed at the request of Lennar Communities Inc., predecessor to
Pulte Home Corporation ("Pulte"), the current owner of the property within the District for
the purpose of financing (a) the acquisition of certain public improvements required for the
development of approximately 133 gross acres of land comprised of Tracts 14759, 14759-1,
14759-2, 14759-3 and 15588 and (b) the operation and maintenance of parks and parkways
located within the District. The District is located south of Summit Avenue on the east and
west sides of Wardman Bullock Road.
Page 2
September 21,2005
When originally formed, the District was authorized to finance park improvements including
clearing and grading of such park sites, park hardscape and restrooms, street improvements
and parkway hardscape (the "Authorized Facilities") as well as maintenance of the park sites
to be developed within the District. In order to finance the acquisition of the Authorized
Facilities, the qualified electors of the District, being the owners of the land within the
District, voted to approve the issuance of bonds for the District in a principal amount not to
exceed $3,000,000 to be secured by the levy of special taxes within the District.
At the request of Pulte, the City initiated proceedings in April 2005 to (a) modify the
Authorized Facilities to permit the District to finance landscaping of parks and parkrways and
park equipment with a useful life of five (5) years or more in addition to the Authorized
Facilities, (b) increase the authorized bonded indebtedness for the District from $3,000,000
to $10,000,000 and (c) modify the rate and method of apportionment of the special taxes
authorized to be levied within the District in order to enable the District to pay debt service
on the special tax bonds and to pay the increased costs of maintenance and operation of the
parks and parkway. At a special election within the District held on June 15, 2005 following
a public hearing regarding the proceedings, the qualified electors of the District voted to
approve the modifications in the Authorized Facilities (the "Modified Facilities") and the rate
and method of apportionment of the special taxes and the increase in the authorized bonded
indebtedness of the District.
On June 15, 2005, the City Council also approved an Acquisition/Financing
Agreement by and between the City and Pulte to establish the. terms and conditions pursuant
to which the special tax bonds would be issued and the Modified Facilities would be acquired
upon the completion of the construction thereof by Pulte.
The Proposed Special Tax Bonds.
The City Council is now being asked to adopt the Resolution of Issuance to approve the
issuance of not to exceed $10,000,000 City of Rancho Cucamonga Community Facilities
District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds (the "Bonds") to finance the
acquisition of the Modified Facilities. The Bonds will be secured solely from the proceeds of
special taxes levied within the District pursuant to the rate and method of apportionment of
the special taxes. Neither the faith and credit nor the general taxing power of the City is
pledged to the payment of the Bonds.
The Resolution of Issuance.
By adoption of the Resolution of Issuance the City Council will be:
· Authorizing the issuance of the Bonds in a principal amount not to exceed $10,000,000;
· Approving the form of the following documents related to the issuance, sale and delivery
of the Bonds:
Page 3
September 21, 2005
[] Fiscal Agent Agreement, dated as of September 1, 2005 (the "Fiscal Agent
Agreement"), by and between the City for and on behalf of the District and Wells
Fargo Bank, National Association (the "Fiscal Agent");
° Preliminary Official Statement;
o Bond Purchase Agreement by and between the City and Stone & Youngberg LLC
(the "Underwriter"); and
Continuing Disclosure Agreement by and between the City, on behalf of itself and
the District, and the Fiscal Agent, as dissemination agent (the "Continuing
Disclosure Agreement").
· Delegating to the City Manager the authority to approve the final form of the foregoing
documents (collectively, the "Bond Documents") with such additions therein or changes
as the City Manager may deem necessary and advisable and to execute the Bond
Documents for and on behalf of the City and the District.
· Authorizing the sale of the Bonds to the Underwriter so long as the terms of such sale
conform to the following financial parameters:
o The aggregate principal amount of the Bonds shall not exceed $10,000,000;
The annual interest rate on the Bonds shall not exceed 7%; and
[] The purchase price to be paid by the Underwriter for the Bonds shall not
exceed 98% of the par amount of the Bonds, e.g., if the par amount of the
Bonds is $10,000,000 and the purchase price is 98%, the Underwriter will pay
the City $9,800,000 for the Bonds.
Description of the Bond Documents.
The Bond Documents are on file in the office of the City Clerk and are available for
inspection and review during nomml business hours of such office. The following is a brief
description of the Bond Documents:
· Fiscal Agent Agreement. The Fiscal Agent Agreement establishes the terms and
conditions pursuant, to which the Bonds will be issued and subsequently administered.
Among other terms and conditions the Fiscal Agent Agreement:
~ Sets forth the maturity schedule and interest rat~s applicable to the Bonds;
[] Establishes various funds and accounts to be held by the Fiscal Agent into
which the proceeds of the Bonds and the special taxes will be distributed and
establishes the terms and conditions pursuant to which such funds are to be
transferred to, among other purposes, pay (a) the costs of issuance of the
Page 4
September 21, 2005
Bonds, (b) debt service on the Bonds, (b) the purchase price for the
acquisition of the Modified Facilities, (c) the costs of administration of the
Bonds and the District;
o Sets forth covenants of the City necessary to, among other purposes, maintain
the tax-exempt status of the Bonds and insure that adequate special taxes are
levied annually to pay scheduled debt service on the Bonds.
· Bond Pumhase Agreement. The Bond Purchase Agreement establishes the terms and
conditions pursuant to which the City will offer to sell and the Underwriter will offer to
purchase the Bonds. The Bond Purchase Agreement will be finalized and executed on the
day on which the Bonds are priced, i.e., the day on which the City staff, with the
assistance of Fieldman Rolapp & Associates, the City's financial advisor, and the
Underwriter negotiate and agree upon the final principal amount of the Bonds, the
principal amount of the Bonds to mature each year, the interest rates payable on Bonds
the purchase price to be paid for the Bonds by the Underwriter. The schedule
contemplates that the Bonds will be priced on October 4, 2005.
· Preliminary Official Statement. The Preliminary Official Statement is the offering
document and is required to contain all relevant and material information necessary to
enable a prospective purchaser of the Bonds to make an informed decision to purchase or
not to purchase the Bonds. The Preliminary Official Statement contains, among other
information, information regarding:
The District including the ownership of the property within the District, the
proposed development within the District, the facilities to be financed, the
projected absorption of property within the District, the appraised value of the
property within the District and the cumulative tax, assessment and fee burden on
the properties within the District;
The security for the Bonds;
The rate and method of apportionment of the special taxes authorized to be levied
within the District;
o The terms and conditions pursuant to which the Bonds will be issued and
administered;
The risks that prospective purchasers of the Bonds should consider before making
an investment decision.
· Continuing Disclosure Agreement. The Continuing Disclosure Agreement contains the
commitment by the City mandated by federal tax law to provide ongoing information to
the municipal bond market regarding the Bonds and the District. The City is agreeing to
provide an annual report regarding the status of the Bonds and the District and to provide
additional reports in the event of the occurrence of certain specified events such as a
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September 21, 2005
delinquency in the payment of scheduled debt service on the Bonds, optional redemption
of the Bonds pursuant to the Fiscal Agent Agreement or amendments to the Fiscal Agent
Agreement.
Value to Debt Ratio - Conformance with the Acquisition/Financing Agreement.
The Acquisition/Financing Agreement provides that the aggregate principal amount of the
Bonds shall not exceed one-fourth (1/4) of the value of the property within the District
subject to the levy of special taxes as determined by an independent appraisal undertaken for
the City utilizing appraisal assumptions approved by the City. The City retained the services
of Bruce W. Hull & Associates, Inc. (the "Appraiser") to conduct an independent appraisal of
the property within the District. The Appraiser submitted an appraisal dated July 5, 2005 in
which the Appraiser estimated that the fee simple market value of the properties within the
District as of July 5, 2005 was $85,580,000. Based upon this appraisal, the principal amount
of the Bonds will not exceed one-eight (1/8) of the value of the property in the District.
Therefore, the proposed issuance of the Bonds does conform to the terms of the Acquisition
Agreement. In addition, the value to debt ratio of 8:1 also complies with the requirements of
the Act and, although not applicable to this District, with the requirements of the City's
Amended and Restated Goals and Policies.
The Escrow Fund - The Flood Flow Easement.
The County of San Bernardino Flood Control District (the "Flood Control District") is the
owner of a flood flow easement, which encumbers approximately 71 lots within Tracts
14759-3 and 14759. The City has taken the position that it will not approve a final
subdivision map for these two tracts nor will the City issue building permits for the
construction of residential dwelling units on the 71 lots encumbered by this easement until
the Flood Control District quitclaims the flood flow easement to Pulte. The Flood Control
District staff and Pulte are negotiating the terms under which the Flood Control District will
quitclaim the flood flow easement upon the completion of improvements to the Etiwanda
Creek Channel currently being constructed under contract awarded by the Flood Control
District. As of August 15th, approximately 30% of these improvements had been completed
and Pulte anticipates final completion in December 2005.
As a result of the prohibition on the approval of the final subdivision map for the affected
tracts and the issuance of building permits, the City's financing team has recommended that a
portion of the Bond proceeds be initially deposited in an Escrow Fund. The portion of the
proceeds to be deposited in the Escrow Fund will be based upon the amount necessary to
redeem Bonds and reduce the principal amount of the Bonds outstanding to an amount that
can be paid for from the special taxes that can be issued within the District except for Tracts
14759-3 and 14759. These funds will be held in escrow until (a) the Flood Control District
quitclaims the flood flow easement or (b) these funds are used pursuant to the Fiscal Agent
Agreement to redeem Bonds. Pursuant to the Fiscal Agent Agreement, the earliest date on
which the proceeds deposited in the Escrow Fund would be used to redeem Bonds will be
March 1, 2007. Based upon the fact that the necessary channel improvements are anticipated
Page 6
September 21, 2005
to be completed in December 2005, it is unlikely that the escrowed Bond proceeds will be
used to redeem Bonds. However, unless and until Pulte and the Flood Control District enter
into an agreement regarding the release of the flood flow easement and all conditions
precedent to the quitclaim of the flood flow easement pursuant to such agreement have been
satisfied, the City cannot be assured of the timing of the quitclaim of the flood flow
easement. Therefore, in the exercise of prudent financial management, the City financing
team recommends the establishment of the Escrow Fund as specified in the Fiscal Agent
Agreement.
Staff will be prepared to answer specific questions, which the City Council may have
regarding the proposed issuance of the Bonds, the Bond Documents and/or the Resolution of
Issuance.
Respectfully submitted,
Deputy City Manager GIS/Special Districts Manager
Attachments: Resolution
Fiscal Agent Agreement
Bond Purchase Agreement
Preliminary Official Statement
RESOLUTION NO. 05-_~..~?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-
03 (RANCH SUMMIT), AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING
THE FORM OF FISCAL AGENT AGREEMENT, BOND PURCHASE
AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER
DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION
WITH THE ISSUANCE OF SUCH BONDS
WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA,
CALl FORNIA (this "City Council"), did previously conduct proceedings to form and did form
a community facilities 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"), such Community Facilities District
designated as COMMUNITY FACILITIES NO. 2000-03 (RANCH SUMMIT) (the "Community
Facilities District") for the purpose of financing the acquisition or construction of certain
public improvements; and,
WHEREAS, as required by the Act, this City Council has previously adopted a
statement of local goals and policies concerning the use of the Act entitled the "City of
Rancho Cucamonga Statement of Goals and Policies Regarding the Establishment of
Community Facilities Districts" (the "Goals and Policies"); and
WHEREAS, this City Council has previously declared its intention to issue bonds to
finance the acquisition or construction of such improvements, such bonds to be issued
pursuant to the terms and previsions of the Act and the Goals and Policies; and,
WHEREAS, at this time this City Council desires to set forth the general terms and
conditions relating to the authorization, issuance and administration of such bonds; and,
WHEREAS, the forms of the following documents have been presented to and
considered for approval by this City Council:
A. Fiscal Agent Agreement by and between the City and Wells Fargo Bank,
National Association, as fiscal agent (the "Fiscal Agent") setting forth the
terms and conditions relating to the issuance and sale of bonds (the "Fiscal
Agent Agreement");
B. Bond Purchase Agreement authorizing the sale of bonds to Stone &
Youngberg LLC, the designated underwriter (the "Bond Purchase
Agreement");
C. Preliminary Official Statement containing information including but not limited
to the Community Facilities District and the bonds, including the terms and
conditions thereof (the "Preliminary Official Statement"); and
D. Continuing Disclosure Agreement by and between the City and Wells Fargo
Bank, National Association, as dissemination agent, pursuant to which the
Community Facilities District will be obligated to provide ongoing annual
disclosure relating to the bonds (the "Continuing Disclosure Agreement");
and
WHEREAS, this City Council, with the aid of City staff, has reviewed and considered
the Fiscal Agent Agreement, the Bond Purchase Agreement, the Continuing Disclosure
Agreement and the Preliminary Official Statement and finds those documents suitable for
approval, subject to the conditions set forth in this resolution; and
WHEREAS, all conditions, things and acts required to exist, to have happened and
to have been performed precedent to and in the issuance of the bonds as contemplated by
this resolution and the documents referred to herein exist, have happened and have been
performed or have been ordered to have been performed in due time, form and manner as
required by the laws of the State of California, including the Act and the applicable policies
and regulations of the City of Rancho Cucamonga.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2000-03 (RANCH SUMMIT), DOES HEREBY RESOLVE, DECLARE,
FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct.
SECTION 2. Determinations. This legislative body hereby makes the following
determinations pertaining to the proposed issuance of the Bonds:
(a) The Act authorizes the City Council, acting as the legislative body of the
Community Facilities District, to sell the Bonds only if the City Council has
determined prior to the award of the sale of the Bonds that the value of such
properties will be at least 3 times the principal amouht of the Bonds and the
principal amount of all other bonds outstanding that are secured by a special
tax levied pursuant to the Act on property within the Community Facilities
District or a special assessment levied on property within the Community
Facilities District (collectively, "Land Secured Bonded Indebtedness")
The value of the property within Community Facilities District which will be
subject to the special tax to pay debt service on the Bonds will be at least 3
times the Land Secured Bonded Indebtedness Allocable to such properties.
The foregoing determinations are based upon the full cash value of such
properties and development areas as shown upon an appraisal of the subject
properties prepared by Bruce Hull & Associates, a state certified real estate
appraiser, as defined in Business and Professions Code Section 11340(c).
Such determination was made in a manner consistent with the Goals and
Policies.
(b) The terms and conditions of the Bonds as contained in the Fiscal Agent
Agreement are consistent with and conform to the Goals and Policies.
(c) As a result of the current status of development of the property within the
Community Facilities District and the relative overall lack of diversity of
ownership of property within the Community Facilities District, the private
sale of the Bonds will result in a lower overall cost to the Community
Facilities District.
SECTION 3. Bonds Authorized. Pursuant to the Act, this Resolution and the Fiscal
Agent Agreement, special tax bonds of the City designated as "City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Ranch Summit) 2005 Special Tax Bonds," (the
"Bonds") in an aggregate principal amount not to exceed $10,000,000 are hereby
authorized to be issued. The date, manner of payment, interest rate or rates, interest
payment dates, denominations, form, registration privileges, manner of execution, place of
payment, terms of redemption and other terms, covenants and conditions of the Bonds
shall be as provided in the Fiscal Agent Agreement as finally executed.
SECTION 4. Authorization and Conditions, The City Manager and such other
official or officials of the City as may be designated by this City Council or the City Manager
(each, an "Authorized Officer") are each hereby authorized and directed to execute and
deliver the final form of the various documents and instruments described in this
Resolution, with such additions thereto or changes therein as such Authorized Officer may
deem necessary and advisable provided that no additions or changes shell authorize an
aggregate principal amount of Bonds in excess of $10,000,000, an annual interest rate on
the Bonds in excess of seven percent (7.00%) per year and a purchase price for the Bonds
not less than ninety eight percent (98%) of the par amount of the Bonds (excluding original
issue discount, if any). The approval of such additions or changes shall be conclusively
evidenced by the execution and delivery of such documents or instruments by an
Authorized Officer, following consultation with and review by the City Attorney and Best
Best & Krieger LLP, the City's bond counsel.
SECTION 5. Fiscal Agent Agreement. The form of Fiscal Agent Agreement by
and between the City and the Fiscal Agent, with respect to the Bonds as presented to this
City Council and on file with the City Clerk is hereby approved. An Authorized Officer is
hereby authorized and directed to cause the same to be completed and executed, subject
to the provisions of Section 4 above. -~
SECTION 6. Official Statement and Continuinq Disclosure Agreement. The
City Council hereby approves the form of the Preliminary Official Statement as presented
to this City Council and on file with the City Clerk, together with any changes therein or
additions thereto deemed advisable by the City Manager or, in the absence of the City
Manager, another Authorized Officer. Pursuant to Rule 15c2-12 under the Securities
Exchange Act of 1934 (the "Rule") the City Manager or, in the absence of the City
Manager, another Authorized Officer is authorized to determine when the Preliminary
Official Statement is deemed final, and the City Manager or such other Authorized Official
is hereby authorized and directed to provide written certification thereof. The execution of
the final Official Statement, which shall include such changes and additions thereto
deemed advisable by the City Manager or, in the absence of the City Manager, another
Authorized Officer pursuant to the Rule, shall be conclusive evidence of the approval of the
final Official Statement by the Community Facilities District. The City Council hereby
authorizes the distribution of the final Official Statement by the Underwriter as the initial
purchaser of the Bonds.
The form of Continuing Disclosure Agreement as presented to this City Council and
on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized
and directed to cause the same to be completed and executed on behalf of the Community
Facilities District, subject to the provisions of Section 4 above.
SECTION 7. Sale of Bonds. This City Council hereby authorizes and approves the
negotiated sale of the Bonds to Stone & Youngberg LLC (the "Underwriter"). The form of
the Bond Purchase Agreement is hereby approved and an Authorized Officer is hereby
authorized and directed to execute the Bond Purchase Agreement upon the execution
thereof by the Underwriter, subject to the provisions of Section 4 above.
SECTION 8. Bonds Prepared and Delivered. Upon the execution of the Bond
Purchase Agreement, the Bonds shall be prepared, authenticated and delivered, all in
accordance with the applicable terms of the Act and the Fiscal Agent Agreement, and any
Authorized Officer and other responsible City officials, acting for and on behalf of the
Community Facilities District, are hereby authorized and directed to take such actions as
are required under the Bond Purchase Agreement and the Fiscal Agent Agreement to
complete all actions required to evidence the delivery of the Bonds upon the receipt of the
purchase price thereof from the Underwriter.
SECTION 9. Actions. All actions heretofore taken by the officers and agents of the
City with respect to the establishment of the Community Facilities District and the sale and
issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers
of the City, acting for and on behalf of the Community Facilities District, are hereby
authorized and directed to do any and all things and take any and all actions and execute
any and all certificates, agreements, contracts, and other documents, which they, or any of
them, may deem necessary or advisable in order to consummate the lawful issuance and
delivery of the Bonds in accordance with the Act, this Resolution, the Fiscal Agent
Agreement, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and any
certificate, agreement, contract, and other document described in the documents herein
approved.
SECTION 10. Effective Date. This resolution shall take effect from and after its
adoption.
PASSED, APPROVED, And ADOPTED this day of ,
2005.
AYES:
NOES:
ABSENT:
William J. Alexander, Mayor
ATTEST:
Debra J. Adams, CMC, City Clerk
3¢1
FISCAL AGENT AGREEMENT
by and between
CITY OF RANCHO CUCAMONGA
and
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Fiscal Agent
Dated as of September 1, 2005
Relating to:
City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summit)
2005 Special Tax Bonds
TABLE OF CONTENTS
PAGE
ARTICLE I. STATUTORY AUTHORITY AND DEFINITIONS ............................................... 2
Section 1.1. Authority for this Agreement ................................................................................. 2
Section 1.2. Agreement for Benefit of Owners of the Bonds .................................................... 2
Section 1.3. Definitions .............................................................................................................. 2
ARTICLE II. THE BONDS ......................................................................................................... 14
Section 2.1. Principal Amount; Designation ............................................................................ 14
Section 2.2. Terms of the Bonds .............................................................................................. 14
Section 2.3. Redemption .......................................................................................................... 16
Section 2.4. Form of Bonds ..................................................................................................... 19
Section 2.5. Execution of Bonds .............................................................................................. 19
Section 2.6. Transfer of Bonds ................................................................................................ 19
Section 2.7. Exchange o£Bonds .............................................................................................. 20
Section 2.8. Bond Register ....................................................................................................... 20
Section 2.9. Temporary Bonds ................................................................................................. 20
Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen ...................................................... 21
Section 2.11. Limited Obligation ............................................................................................. 21
Section 2.12. No Acceleration ................................................................................................. 22
Section 2.13. Book-Entry System ............................................................................................ 22
ARTICLE III. ISSUANCE OF BONDS ..................................................................................... 23
Section 3.1. Issuance and Delivery of Bonds .......................................................................... 23
Section 3.2. Pledge of Special Tax Revenues .......................................................................... 23
Section 3.3. Validity of Bonds ................................................................................................. 24
ARTICLE IV. FUNDS AND ACCOUNTS ................................................................................ 24
Section 4.1. Deposits of Bond Proceeds .................................................................................. 24
Section 4.2 Project Fund .......................................................................................................... 24
Section 4.3. Costs of Issuance Fund ........................................................................................ 26
Section 4.4. Reserve Fund ....................................................................................................... 26
Section 4.5. Bond Fund ............................................................................................................ 28
Section 4.6. Special Tax Fund ................................................................................................. 28
Section 4.7. Administrative Expense Fund .............................................................................. 30
Section 4.8. Rebate Fund ......................................................................................................... 30
Section 4.9. Redemption Fund ................................................................................................. 31
ARTICLE V. OTHER COVENANTS OF THE CITY ............................................................... 33
Section 5.1. Punctual Payment ................................................................................................. 33
Section 5.2. Extension of Time for Payment ........................................................................... 33
Section 5.3. Against Encumbrances ......................................................................................... 33
Section 5.4. Books and Records .............................................................................................. 33
Section 5.5. Protection of Security and Rights of Owners ...................................................... 34
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Section 5.6. Compliance with Law .......................................................................................... 34
Section 5.7. Collection of Special Tax Revenue ...................................................................... 34
Section 5.8. Reduction in Maximum Annual Special Tax ....................................................... 35
Section 5.9. Covenant to Foreclose .......................................................................................... 36
Section 5.10. Further Assurances ............................................................................................. 36
Section 5.11. Private Activity Bond Limitations ..................................................................... 36
Section 5.12. Federal Guarantee Prohibition ........................................................................... 37
Section 5.13. Rebate Requirement .......................................................................................... 37
Section 5.14. No Arbitrage ...................................................................................................... 37
Section 5.15. Yield of the Bonds ............................................................................................. 37
Section 5.16. Maintenance of Tax-Exemption ........................................................................ 37
Section 5.17. Continuing Disclosure to Owners ...................................................................... 37
Section 5.18. Tender of Bonds ................................................................................................. 38
Section 5.19. No Parity Bonds ................................................................................................. 38
ARTICLE VI. INVESTMENTS, DISPOSITION
OF INVESTMENT PROCEEDS, LIABILITY OF THE CITY .......................... 39
Section 6.1. Deposit and Investment of Moneys in Funds ...................................................... 39
Section 6.2. Liability of City .................................................................................................... 40
Section 6.3. Employment of Agents by City ........................................................................... 41
ARTICLE VII. THE FISCAL AGENT ....................................................................................... 42
Section 7.1. Appointment of Fiscal Agent ............................................................................... 42
Section 7.2. Liability of Fiscal Agent ...................................................................................... 43
Section 7.3. Information .......................................................................................................... 44
Section 7.4. Notice to Fiscal Agent ......................................................................................... 44
Section 7.5. Compensation; Indemnification ........................................................................... 44
ARTICLE VIII. MODIFICATION OR AMENDMENT OF THIS AGREEMENT .................. 46
Section 8.1. Amendments Permitted ........................................................................................ 46
Section 8.2. Owners' Meetings ................................................................................................ 46
Section 8.3. Procedure for Amendment with Written Consent of Owners .............................. 47
Section 8.4. Disqualified Bonds ............................................................................................... 47
Section 8.5. Effect of Supplemental Agreement ...................................................................... 48
Section 8.6. Endorsement or Replacement of Bonds Issued After Amendments .................... 48
Section 8.7. Amendatory Endorsement of Bonds .................................................................... 48
ARTICLE IX. EVENTS OF DEFAULT; REMEDIES ............................................................... 48
Section 9.1. Events of Default ................................................................................................. 48
Section 9.2. Remedies of Owners ............................................................................................ 49
Section 9.3. Application of Special Tax Revenues and Other Funds After Default ................ 50
ARTICLE X. MISCELLANEOUS ............................................................................................. 50
Section 10.1. Benefits of Agreement Limited to Parties ......................................................... 50
Section 10.2. Successor is Deemed Included in All References to Predecessor .....................50
Section 10.3. Discharge of Agreement .................................................................................... 51
Section 10.4. Execution of Documents and Proof of Ownership by Owners .......................... 52
-ii-
Section 10.5. Waiver of Personal Liability .............................................................................. 52
Section 10.6. Notices to and Demands on City and Fiscal Agent ........................................... 52
Section 10.7. State Reporting Requirements ........................................................................... 53
Section 10.8. Partial Invalidity ................................................................................................. 53
Sectionl0.9. Unclaimed Moneys ............................................................................................. 54
Section 10.10. Applicable Law ................................................................................................ 54
Section 10.11. Conflict with Act .............................................................................................. 54
Section 10.12. Conclusive Evidence of Regularity ................................................................. 54
Section 10.13. Payment on Business Day ................................................................................ 54
Section 10.14. Counterparts ..................................................................................................... 54
EXHIBIT A: FORM OF SERIES 2000-03 (RANCHO SUMMIT) BOND
EXHIBIT C: FORM OF REQUEST FOR DISBURSEMENT OFFICER'S CERTIFICATE
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FISCAL AGENT AGREEMENT
City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summit)
2005 Special Tax Bonds
THIS FISCAL AGENT AGREEMENT (the "Agreement") is made and entered into as of
September 1, 2005, by and between the City of Rancho Cucamonga, California, a municipal
corporation, organized and existing under and by virtue of the Constitution and laws of the State
of California (the "City") for and on behalf of the City of Rancho Cucamonga Community
Facilities District No. 2000-03 (Rancho Summit) (the "CFD"), and Wells Fargo Bank, National
Association, as fiscal agent (the "Fiscal Agent").
WlTNESSETH:
WHEREAS, the City Council of the City has formed the CFD under the provisions of
the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311, et seq. of the
California Government Code) (the "Act") and Resolution No. 00-190 of the City Council
adopted on September 20, 2000 (the "Resolution of Formation");
WHEREAS, the City Council, as the legislative body with respect to the CFD, is
authorized under the Act to levy Special Taxes (as herein defined) to pay for the costs of
acquisition or construction of public facilities within the CFD and to authorize the issuance of
bonds secured by said Special Taxes under the Act;
WHEREAS, under the provisions of the Act, on May 21, 2003, the City Council of the
City adopted its Resolution No. 05- (the "Resolution"), which resolution, among other
matters, authorized the issuance of the City of Rancho Cucamonga, Community Facilities
District No. 2000q03 (Rancho Summit) 2005 Special Tax Bonds (the "Bonds"), in the aggregate
principal amount of not to exceed $10,000,000 and provided that such issuance would be in
accordance with the Act and this Agreement, and authorized the execution hereof;
WHEREAS, it is in the public interest and for the benefit of the City, the CFD and the
owners of the Bonds that the City enter into this Agreement to provide for the issuance of the
Bonds, the disbursement of proceeds of the Bonds, the disposition of the Special Taxes securing
the Bonds and the administration and payment of the Bonds; and
WHEREAS, all things necessary to cause the Bonds, when authenticated by the City for
the CFD and issued as in the Act, the Resolution and this Agreement provided, to be legal, valid
and binding and special obligations of the City for the CFD in accordance with their terms, and
all things necessary to cause the creation, authorization, execution and delivery of this
Agreement and the creation, authorization, execution and issuance of the Bonds, subject to the
terms hereof, have in all respects been duly authorized;
-1-
NOW, THEREFORE, in consideration of the covenants and provisions herein set forth
and for other valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto do hereby agree as follows:
ARTICLE I
STATUTORY AUTHORITY AND DEFINITIONS
Section 1.1 Authority for this Agreement. This Agreement is entered into pursuant to
the provisions of the Act and the Resolution.
Section 1.2 Agreement for Benefit of Owners of the Bonds. The provisions,
covenants and agreements herein set forth to be performed by or on behalf of the City shall be
for the equal benefit, protection and security of the Owners of the Bonds. All of the Bonds,
without regard to the time or times of their issuance or maturity, shall be of equal rank without
preference, priority or distinction of any of the Bonds over any other thereof, except as expressly
provided in or permitted by this Agreement. The Fiscal Agent may become the Owner of any of
the Bonds in its own or any other capacity with the same rights it would have if it were not Fiscal
Agent.
Section 1.3 Definitions. Unless the context otherwise requires, the terms defined in
this Section 1.3 shall, for all purposes of this Agreement, of any Supplemental Agreement, and
of any certificate, opinion or other document herein mentioned, have the meanings herein
specified. All references herein to "Articles," "Sections" and other subdivisions are to the
corresponding Articles, Sections or subdivisions of this Agreement, and the words "herein,"
"hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and
not to any particular Article, Section or subdivision hereof, unless otherwise specifically stated.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Sections 53311 et seq. of the California Government Code.
"Administrative Expense Fund" means the fund by that name established by Section
4.7(A) hereof.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of the CFD: the costs of computing the Special Taxes and
preparing the annual Special Tax collection schedules (whether by the City, a designee thereof or
both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs
of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its
legal counsel) in the discharge of the duties required of it under this Agreement; the costs to the
City, the CFD or any designee of either thereof of complying with arbitrage rebate requirements;
the costs to the City, the CFD or any designee of either thereof of complying with City, CFD or
obligated persons disclosure requirements; the costs associated with preparing Special Tax
disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of
the City, the CFD or any designee of either thereof related to an appeal of the Special Tax; and
-2-
the City's annual administration fees and third party expenses. Administrative Expenses shall
also include amotmts estimated or advanced by the City or CFD for any other administrative
purposes of the CFD, including reasonable attorney's fees and other costs related to commencing
and pursuing to completion any foreclosure of delinquent Special Taxes.
"Administrative Expense Requirement" means an annual amount, initially equal to
$40,000, to be allocated each Fiscal Year for payment of Administrative Expenses. This amount
shall be annually adjusted upward by 2% per year.
"Agreement" means this Fiscal Agent Agreement, as it may be mended or supplemented
from time to time by any Supplemental Agreement adopted pursuant to the provisions hereofi
"Annual Debt Service" means, for each Bond Year, the sum of(i) the interest due on the
Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as
scheduled (including by reason of the provisions of Section 2.3(A)(ii) providing for mandatory
sinking fund payments), and (ii) the principal amount of the Outstanding Bonds due in such
Bond Year (including any mandatory sinking fund payment due in such Bond Year pursuant to
Section 2.3(A)(ii)).
"Acquisition/Financing Agreement" means the Acquisition/Financing Agreement by and
between the City and Pulte Home Corporation, dated as of June 15, 2005.
"Auditor" means the Auditor-Controller of the County.
"Authorized Officer" means the City Manager or the Director of Finance, acting on
behalf of the CFD, or any person designated by the City Council, the City Manager or the
Director of Finance and authorized to act on behalf of the CFD under or with respect to this
Agreement and all other agreements related hereto.
"Average Annual Debt Service" means the average over all Bond Years (from the date of
the Bonds to their maturity) of Annual Debt Service.
"Bond Counsel" means any attorney or firm of attorneys acceptable to the City and
nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status
of securities issued by public entities.
"Bond Fund" means the fund by that name established by Section 4.5(A) hereof.
"Bond Register" means the books for the registration and transfer of Bonds maintained
by the Fiscal Agent under Section 2.8 hereof.
"Bond Year" means the one-year period beginning on September 1st in each year and
ending on the day prior to September 1st in the following year, except that the first Bond Year
shall begin on the Closing Date for the Bonds and end on August 31, 2006.
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"Bonds" means the City of Rancho Cucamonga Community Facilities District No. 2000-
03 (Rancho Summit) 2005 Special Tax Bonds at any time Outstanding under this Agreement or
any Supplemental Agreement.
"Business Day" means any day other than (i) a Saturday or a Sunday, or (ii) a day on
which banking institutions in the state in which the Fiscal Agent has its Principal Office are
authorized or obligated by law or executive order to be closed.
"CDIAC" means the California Debt and Investment Advisory Commission of the office
of the State Director of Finance of the State of California or any successor agency or bureau
thereto.
"CFD" or "District" means the City of Rancho Cucamonga Community Facilities District
No. 2000-03 (Rancho Summit), formed by the City under the Act and the Resolution of
Formation.
"City" means the City of Rancho Cucamonga, California, and any successor thereto.
"City Attorney" means any attomey or firm of attorneys employed by the City in the
capacity of city attorney.
"City Council" means the City Council of the City.
"City Manager" means the City Manager of the City, acting for and on behalf of the
CFD.
"Closing Date" means ., 2005, being the date upon which there is a delivery of
the Bonds in exchange for the amount representing the purchase price of the Bonds by the
Original Purchaser.
"Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of
the Bonds or (except as otherwise referenced herein) as it may be amended to apply to
obligations issued on the date of issuance of the Bonds, together with applicable proposed,
temporary and final regulations promulgated, and applicable official public guidance published,
under the Code.
"Commission" means the United States Securities and Exchange Commission.
"Comptroller of the Currency" means the Comptroller of the Currency of the United
States.
"Costs of Issuance" means items of expense payable or reimbursable directly or
indirectly by the City and related to the authorization, sale and issuance of the Bonds, which
items of expense shall include, but not be limited to, the printing costs, costs of reproducing and
binding documents, closing costs, filing and recording fees, initial fees and charges of the Fiscal
Agent including its first annual administration fee, expenses incurred by the City in connection
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with the issuance of the Bonds and the expenses of the City in connection with the establishment
of the CFD, special tax consultant fees and expenses, preliminary engineering fees and expenses,
legal fees and charges, including Bond Counsel fees, financial consultant fees, appraiser fees and
expenses, absorption consultant fees and expenses, charges for execution, transportation and
safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing.
"Costs of Issuance Fund" means the fund by that name established by Section 4.3(A)
hereof.
"County" means the County of San Bernardino, California.
"Debt Service" means the scheduled amount of interest and amortization of principal
payable by reason of Sections 2.2(D) and (E) and 2.3(A)(ii) on the Bonds during the period of
computation, excluding amounts scheduled during such period which relate to principal which
has been retired before the beginning of such period.
"Depository" means (a) initially, DTC, and (b) any other Securities Depository acting as
Depository pursuant to Section 2.13.
"Developer" shall mean Pulte Home Corporation, a Michigan corporation, or its
successor or assign as the developer of the property within the District.
"Director of Finance" means the Director of Finance of the City, acting for and on behalf
of the CFD.
"DTC" means The Depository Trust Company, New York, New York, and its successors
and assigns.
"Escrow Bonds" means $ principal amotmt of the Bonds comprised of the
Escrow Term Bonds and the Escrow Serial Bonds.
"Escrow Serial Bonds" means the Escrow Bonds, other than the Escrow Term Bonds,
maturing annually in the principal amounts as shown in Section 2.2(E) which are subject to
extraordinary mandatory redemption pursuant to Section 2.3(A)(iii)..
"Escrow Term Bonds" means the Bonds maturing on September 1, 20__ which are
subject to extraordinary mandatory redemption pursuant to Section 2.3(A)(iii) and mandatory
sinking fund redemption pursuant to Section 2.3(A)(v).
"Escrow Fund" means the fund by that name established by Section 4.10(A) hereof.
"Fair Market Value" means the price at which a willing buyer would purchase the
investment from a willing seller in a bona fide, arm's length transaction (determined as of the
date the contract to purchase or sell the investment becomes binding) if the investment is traded
on an established securities market (within the meaning of section 1273 of the Code) and,
otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length
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transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in
accordance with applicable regulations under the Code, (ii) the investment is an agreement with
specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated
interest rate (for example, a guaranteed investment contract, a lo,yard supply contract or other
investment agreement) that is acquired in accordance with applicable regulations under the Code,
(iii) the investment is a United States Treasury Security--State and Local Government Series
that is acquired in accordance with applicable regulations of the United States Bureau of Public
Debt, or (iv) the investment is the Local Agency Investment Fund of the State of California but
only if at all times during which the investment is held its yield is reasonably expected to be
equal to or greater than the yield on a reasonably comparable direct obligation of the United
States.
"Federal Securities" means any of the following which are non-callable and which at the
time of investment are legal investments under the laws of the State of California for funds held
by the Fiscal Agent:
(i) direct general obligations of the United States of America (including
obligations issued or held in book entry form on the books of the United States
Department of the Treasury) and obligations, the payment of principal of and interest on
which are directly or indirectly guaranteed by the United States of America, including,
without limitation, such of the foregoing which are commonly referred to as "stripped"
obligations and coupons; or
(ii) any of the following obligations of the following agencies of the United
States of America: (a) direct obligations of the Export-Import Bank, (b) certificates of
beneficial ownership issued by the Farmers Home Administration, (c) participation
certificates issued by the General Services Administration, (d) mortgage-backed bonds or
pass-through obligations issued and guaranteed by the Government National Mortgage
Association, (e) project notes issued by the United States Department of Housing and
Urban Development, and (f) public housing notes and bonds guaranteed by the United
States of America.
"Fiscal Agent" means the Fiscal Agent appointed by the City and acting as an
independent fiscal agent with the duties and powers herein provided, its successors and assigns,
and any other corporation or association which may at any time be substituted in its place, as
provided in Section 7.1.
"Fiscal Year" means the twelve-month period extending from July 1 in a calendar year to
June 30 of the succeeding year, both dates inclusive.
"Flood Control Easement" means the Easement recorded on January 31, 1941 in Book
1450, Page 406, San Bernardino County Official Records.
"Government Obligations" means obligations described in paragraph 1 of the definition
of Permitted Investments.
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"Independent Financial Consultant" means any consultant or firm of such consultants
appointed by the City or the Director of Finance, and who, or each of whom: (i) is judged by the
Director of Finance to have experience in matters relating to the issuance and/or administration
of bonds under the Act; (ii) is in fact independent and not under the domination of the City; (iii)
does not have any substantial interest, direct or indirect, with or in the City, or any owner of real
property in the CFD, or any real property in the CFD; and (iv) is not connected with the City as
an officer or employee of the City, but who may be regularly retained to make reports to the
City.
"Information Services" means Financial Information, Inc.'s "Daily Called Bond Service",
30 Montgomery Street, 10th Floor, Jersey City, New Jersey 07302, Attention: Editor; Kenny
Information Services' "Called Bond Service", 65 Broadway, 16th Floor, New York, New York
10006; Moody's Investors Service "Municipal and Government", 99 Church Street, New York,
New York 10007, Attention: Municipal News Reports; Standard & Poor's Corporation "Called
Bond Record", 25 Broadway, 3rd Floor, New York, New York 10004; and, in accordance with
then current guidelines of the Commission, such other addresses and/or such services providing
information with respect to called bonds as the City may designate in an Officer's Certificate
delivered to the Fiscal Agent.
"Interest Account" means the account within the Bond Fund by that name established
pursuant to Section 4.5(A) hereof.
"Interest Payment Dates" means March 1 and September 1 of each year, commencing
March 1, 2006.
"Legislative Body" means the City Council of the City acting as the legislative body of
the CFD.
"Maximum Annual Debt Service" means the largest Annual Debt Service for any Bond
Year after the calculation is made through the final maturity date of any Outstanding Bonds.
"Moody's" means Moody's Investors Service, and its successor's and assigns.
"Officer's Certificate" means a written certificate of the City signed by an Authorized
Officer of the City.
"Ordinance" means Ordinance No. __ of the City of Rancho Cucamonga.
"Original Purchaser" means Stone & Youngberg LLC.
"Outstanding," when used as of any particular time with reference to Bonds, means
(subject to the provisions of Section 8.4) all Bonds except:
(i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the
Fiscal Agent for cancellation;
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(ii) Bonds paid or deemed to have been paid within the meaning of Section
10.3; and
(iii) Bonds in lieu of or in substitution for which other Bonds shall have been
authorized, executed, issued and delivered by the City pursuant to this Agreement or any
Supplemental Agreement.
"Owner" or "Bondowner" means any Person who shall be the registered owner of any
Outstanding Bond.
"Permitted Investments" means any of the following which at the time of investment are
legal investments under the laws of the State for the moneys proposed to be invested therein (the
Fiscal Agent shall be entitled to rely upon any written investment direction from an Authorized
Officer of the CFD as a certification to the Fiscal Agent that such investment constitutes a
Permitted Investment):
1. A. Direct obligations (other than an obligation subject to variation in
principal payment) of the United States of America ("United States
Treasury Obligations");
B. Obligations fully and unconditionally guaranteed as to timely payment of
principal and interest by the United States of America;
C. Obligations fully and unconditionally guaranteed as to timely payment of
principal and interest by any agency or instrumentality of the United
States of America when such obligations are backed by the full faith and
credit of the United States of America, or
D. Evidences of ownership of proportionate interests in future interest and
principal payments on obligations described above held by a bank or trust
company as custodian, under which the owner of the investment is the real
party in interest and has the right to proceed directly and individually
against the obligor and the underlying government obligations are not
available to any Person claiming through the custodian or to whom the
custodian may be obligated.
2. Federal Housing Administration debentures.
3. The listed obligations of government-sponsored agencies which are not backed by
the full faith and credit of the United States of America:
A. Federal Home Loan Mortgage Corporation (FHLMC)
(1) Participation certificates (excluded are stripped mortgage securities
which are purchased at prices exceeding their principal amounts)
(2) Senior debt obligations
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B. Farm Credit Banks (formerly: Federal Land Banks, Federal Intermediate
Credit Banks and Banks for Cooperatives)
(1) Consolidated system-wide bonds and notes
C. Federal Home Loan Banks (FHL Banks)
(1) Consolidated debt obligations
D. Federal National Mortgage Association (FNMA)
(1) Senior debt obligations
(2) Mortgage-backed securities (excluded are stripped mortgage
securities which am purchased at prices exceeding their principal
amounts)
E. Student Loan Marketing Association (SLMA)
(1) Senior debt obligations (excluded are securities that do not have a
fixed par value and/or whose terms do not promise a fixed dollar
amount at maturity or call date)
F. Financing Corporation (FICO)
(1) Debt obligations
G. Resolution Funding Corporation (REFCORP)
(1) Debt obligations
4. Unsecured certificates of deposit, time deposits, and bankers' acceptances (having
maturities of not more than 30 days) of any bank (including the Fiscal Agent and
its affiliates) the short-term obligations of which are rated "A-1" or better by
S&P.
5. Deposits the aggregate amount of which are fully insured by the Federal Deposit
Insurance Corporation (FDIC), in banks which have capital and surplus of at least
$5 million (including the Fiscal Agent and its affiliates).
6. Commercial paper (having original maturities of not more than 270 days) rated
"A-i" by S&P and "Prime-l" by Moody's.
7. Money market funds rated "AAm-1" or "AAm-G" by S&P, or better.
8. State Obligations, which means:
A. Direct general obligations of any state of the United States of America or
any subdivision or agency thereof to which is pledged the full faith and
credit of a state the unsecured general obligation debt of which is rated
"A3" by Moody's and "A" by S&P, or better, or any obligation fully and
unconditionally guaranteed by any state, subdivision or agency whose
unsecured general obligation debt is so rated.
B. Direct general short-term obligations of any state agency or subdivision or
agency thereof described in (A) above and rated "A-l+" by S&P and
"Prime- 1" by Moody's.
C. Special Revenue Bonds (as defined in the United States Bankruptcy Code)
of any state, state agency or subdivision described in (A) above and rated
"AA" or better by S&P and "AA" or better by Moody's.
9. Pre-refunded municipal obligations rated "AAA" by S&P and "AAA" by
Moody's meeting the following requirements:
A. the municipal obligations are (1) not subject to redemption prior to
maturity or (2) the trustee/fiscal agent for the municipal obligations has
been given irrevocable instructions concerning their call and redemption
and the issuer of the municipal obligations has covenanted not to redeem
such municipal obligations other than as set forth in such instructions;
B. the municipal obligations are secured by cash or United States Treasury
Obligations which may be applied only to payment of the principal of
interest and premium on such municipal obligations;
C. the principal of and interest on the United States Treasury Obligations
(plus any cash in the escrow) has been verified by the report of
independent certified public accountants to be sufficient to pay in full all
principal of, interest, and premium, if any, due and to become due on the
municipal obligations;
D. the cash or United States Treasury Obligations serving as security for the
municipal obligations are held, by an escrow agent or trustee/fiscal agent
in trust for owners of the municipal obligations;
E. no substitution of a United States Treasury Obligation shall be permitted
except with another United States Treasury Obligation and upon delivery
of a new verification; and
F. the cash or United States Treasury Obligations are not available to satisfy
any other claims, including those by or against the trustee/fiscal agent or
escrow agent.
10. Investment agreements with a domestic or foreign bank or corporation the long-
term debt or financial strength of which, it or its guarantor is rated at least "AA-"
by S&P and "Aa3" by Moody's; provided that, by the terms of the investment
agreement:
A. the invested funds are available for withdrawal without penalty or
premium, upon not more than seven days' prior notice; the CFD and the
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355
Fiscal Agent hereby agree to give or cause to be given notice in
accordance with the terms of the investment agreement so as to receive
funds thereunder with no penalty or premium paid;
B. the investment agreement shall state that it is the unconditional and
general obligation of and is not subordinated to any other obligation of,
the provider thereof, or, in the case of a bank, that the obligation of the
bank to make payments under the agreement ranks pari passu with the
obligations of the bank to its other depositors and its other unsecured and
unsubordinated creditors;
C. the CFD and the Fiscal Agent receives the opinion of domestic counsel
that such investment agreement is legal, valid, binding and enforceable
upon the provider in accordance with its terms and of foreign counsel (if
applicable);
D. the investment agreement shall provide that if during its term
(1) the provider's rating by either S&P or Moody's falls below "AA-"
or "Aa3", respectively, the provider shall, at its option, within 10
days of receipt of publication of such downgrade, either (a)
collateralize the investment agreement by delivering or transferring
in accordance with applicable state and federal laws (other than by
means of entries on the provider's books) to the CFD, the Fiscal
Agent or a Holder of the Collateral free and clear of any third-party
liens or claims the market value of which collateral is maintained
at levels and upon such conditions as would be acceptable to S&P
and Moody's to maintain an "A" rating in an "A" rated structured
financing (with a market value approach); or (b) transfer and
assign the investment agreement to a then qualifying counterparty,
which is to be approved by the CFD, with ratings specified above;
and
(2) the provider's rating by either S&P or Moody's is withdrawn or
suspended or falls below "A-" or "A3", respectively, the provider
must, at the direction of the CFD or the Fiscal Agent, within 10
days of receipt of such direction, repay the principal of and accrued
but unpaid interest on the investment;
E. the investment agreement shall state and an opinion of counsel shall be
rendered, in the event collateral is required to be pledged by the provider
under the terms of the investment agreement, at the time such collateral is
delivered, that the Holder of the Collateral has a perfected first priority
security interest in the collateral, any substituted collateral and all
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proceeds thereof (in the case of bearer securities, this means the Holder of
the Collateral is in possession);
F. the investment agreement must provide that if during its term
(1) the provider shall default in its payment obligations, the provider's
obligations under the investment agreement shall, at the direction
of the CFD or the Fiscal Agent, be accelerated and amounts
invested and accrued but unpaid interest thereon shall be repaid to
the CFD or Fiscal Agent, as appropriate, and
(2) the provider shall become insolvent, not pay its debts as they
become due, be declared or petition to be declared bankrupt, etc.
the provider's obligations shall automatically be accelerated and
amounts invested and accrued but unpaid interest thereon shall be
repaid to the CFD or Fiscal Agent, as appropriate.
11. The Local Agency Investment Fund (LAW) administered by the Director of
Finance of the State to the extent such deposits remain in the name of and control
of the Fiscal Agent.
"Person" means an individual, a corporation, a partnership, a joint venture, a trust, an
unincorporated organization or a government or any agency or political subdivision thereofi
"Principal Account" means the account within the Bond Fund by that name established
pursuant to Section 4.5(A) hereof.
"Principal Office" means the office of the Fiscal Agent at Los Angeles, California or
such other offices as may be specified to the City and the CFD by the Fiscal Agent in writing.
"Project" means the facilities more particularly described in the Acquisition/Financing
Agreement.
"Project Fund" means the fund by that name created by and held by the Fiscal Agent
pursuant to Section 4.2(A) hereofi
"Rate and Method" means the Rate and Method of Apportionment of the Special Taxes
set forth in the Ordinance.
"Rebate Fund" means the fund by that name established pursuant to Section 4.8 hereofi
"Record Date" means the fifteenth day of the month next preceding the month of the
applicable Interest Payment Date, whether or not such day is a Business Day.
"Redemption Fund" means the fund by that name established pursuant to Section 4.9(A).
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"Reserve Ftmd" means the fund by that name established pursuant to Section 4.4(A)
hereof.
"Reserve Requirement" means: (a) as of any date of calculation prior to the transfer of
the funds on deposit in the Escrow Ftmd pursuant to Section 4.10(B)(i), an amount not to exceed
the lesser of(i) Maximum Annual Debt Service on the Outstanding Bonds with the exception of
the Escrow Bonds, (ii) one hundred twenty-five pement (125%) of Average Annual Debt Service
on the Outstanding Bonds with the exception of the Escrow Bonds, or (iii) ten pement (10%) of
the face amount of the Outstanding Bonds with the exception of the Escrow Bonds and (b) as of
any date of calculation following the transfer of the funds on deposit in the Escrow Fund
pursuant to Section 4.10(B)(i), (i) Maximum Annual Debt Service on the Outstanding Bonds, (ii)
one hundred twenty-five pement (125%) of Average Annual Debt Service on the Outstanding
Bonds, or (iii) ten percent (10%) of the face amount of the Outstanding Bonds.
"Resolution" means Resolution No. 05- adopted by the City Council of the City on
., 2005.
"Resolution of Formation" means Resolution No. 00-190 adopted by the City Cotmcil on
September 20, 2000.
"Restricted Parcels" shall mean all parcels within the District which are encumbered by
the Flood Control Easement.
"S&P" means Standard & Poor's Rating Services, a division of the McGraw Hill
Companies, Inc. and its successors and assigns.
"Securities Depositories" means The Depository Trust Company, 55 Water Street, 50th
Floor, New York, New York 10041, Attention: Call Notification Department, Fax-(212) 855-
7232; and, in accordance with then current guidelines of the Commission, such other addresses
and/or such other securities depositories as the City may designate in an Officer's Certificate
delivered to the Fiscal Agent.
"Special Tax" or "Special Taxes" means Special Tax A as defined in the Rate and
Method authorized to be levied within the CFD pursuant to the Act, the Ordinance and this
Agreement. "Special Taxes" do not include Special Tax B as defined in the Rate and Method.
"Special Tax Fund" means the fund by that name established by Section 4.6(A) hereof.
"Special Tax Prepayments" means the proceeds of any Special Tax prepayments received
by the City, as calculated pursuant to Section H of the Rate and Method, less any administrative
fees or penalties collected as part of any such prepayment.
"Special Tax Revenues" means the proceeds of the Special Taxes received by the City,
including any scheduled payments and any prepayments thereof, interest thereon and proceeds of
the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes
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to the amount of said lien and interest thereon. "Special Tax Revenues" does not include any
penalties Collected in connection with delinquent Special Taxes.
"State" means the State of California.
"Supplemental Agreement" means an agreement the execution ofwl3ich is authorized by
a resolution which has been duly adopted by the City Council under the Act and which
agreement is amendatory of or supplemental to this Agreement, but only if and to the extent that
such agreement is specifically authorized hereunder.
"Tax Consultant" means David Taussig & Associates, Inc. or another independent
financial or tax consultant retained by the City for the purpose of computing the Special Taxes.
ARTICLE II
THE BONDS
Section 2.1 Principal Amount; Designation. Bonds in the aggregate principal amount
of Dollars ($ ) are hereby authorized to be
issued by the City for the CFD under and subject to the terms of the Resolution and this
Agreement, the Act and other applicable laws of the State of California.
Section 2.2 Terms of the Bonds.
(A) Form; Denominations. The Bonds shall be issued as fully registered Bonds
without coupons in the denomination of $5,000 or any integral multiple of $5,000 in excess
thereof, except that one Bond of each maturity may be in a denomination less than $5,000, if
necessary, in connection with a partial redemption of the Bonds pursuant to Section 2.3 hereofi
(B) Date of Bonds. The Bonds shall be dated the Closing Date.
(C) CUSIP Identification Numbers. "CUSIP" identification numbers shall be
imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by
the Bonds and any error or omission with respect thereto shall not constitute cause for refusal of
any purchaser to accept delivery of and pay for the Bonds. In addition, failure on the part of the
City or the Fiscal Agent to use such CUSIP numbers in any notice to Owners shall not constitute
an event of default or any violation of the City's contract with such Owners and shall not impair
the effectiveness of any such notice.
(D) Maturities, Interest Rates. The Bonds, other than the Escrow Bonds, shall mature
and become payable on September 1 of each year, and shall bear interest at the rates, as follows:
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Maturity Date Principal Interest
(September 1) Amount Rate
The Escrow Bonds shall mature and become payable on September 1 of each year, and
shall bear interest at the rates, as follows:
Maturity Date Principal Interest
(September 1) Amount Rate
(E) Interest. The Bonds shall bear interest at the rates set forth above payable on the
Interest Payment Dates in each year. Interest shall be calculated on the basis of a 360-day year
composed of twelve 30-day months. Each Bond shall bear interest from the Interest Payment
Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest
Payment Date, in which event it shall bear interest from such date of authentication, or (ii) it is
authenticated prior to an Interest Payment Date and after the close of business on the Record
Date preceding such Interest Payment Date, in which event it shall bear interest from such
Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first
Interest Payment Date, in which event it shall bear interest from the Closing Date; provided,
however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond
shall bear interest from the Interest Payment Date to which interest has previously been paid or
made available for payment thereon.
(F) Method of Payment. Interest on the Bonds (including the final interest payment
upon maturity or earlier redemption) is payable by check of the Fiscal Agent mailed on the
Interest Payment Dates or date of redemption by first class mail to the registered Owner thereof
at such registered Owner's address as it appears on the Registration Books maintained by the
Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date or
date of redemption, or by wire transfer (i) to the Depository (so long as the Bonds are in book-
entry form pursuant to Section 2.13), or (ii) to an account within the United States made on such
Interest Payment Date or date of redemption upon instructions of any Owner of $1,000,000 or
more in aggregate principal amount of Bonds, which instructions shall continue in effect until
revoked in writing, or until such Bonds are transferred to a new Owner. The principal of the
Bonds and any premium on the Bonds are payable by check in lawful money of the United States
of America upon surrender of the Bonds at the Principal Office of the Fiscal Agent. All Bonds
paid by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The
Fiscal Agent shall destroy the canceled Bonds and issue a certificate of destruction thereof to the
City upon the City's request.
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Section 2.3 Redemption.
(A) Redemption Dates.
(i) Optional Redemption. The Bonds, other than the Escrow Bonds, are
subject to optional redemption prior to their stated maturity on any Interest Payment
Date, as a whole or in part, at the following redemption prices (expressed as percentages
of the principal amount of the Bonds to be redeemed), together with accrued interest
thereon to the date of redemption:
Redemption Date Redemption Price
March 1, 2006 through March 1, 2014 102%
September 1, 2014 and March 1, 2015 101%
September 1,2015 and thereafter 100%
The Escrow Bonds are subject to optional redemption prior to their stated maturity on any
Interest Payment Date occurring following the release of the moneys on deposit in the
Escrow Fund and the transfer of such moneys to the Project Fund and the Reserve Fund
pursuant to Section 4.10(B)(i) below, as a whole or in part, at the redemption prices set
forth above, together with accrued interest thereon to the date of redemption.
(ii) Mandatory Redemption from Proceeds of Special Tax Prepayments The
Bonds shall be subject to redemption on any Interest Payment Date, prior to maturity, as
a whole or in part on a pro rata basis among maturities from amounts deposited to the
Redemption Fund representing Special Tax Prepayments. An Authorized Representative
shall deliver written instructions to the Fiscal Agent not less than 60 days prior to the
redemption date directing the Fiscal Agent to utilize the Special Tax Revenues
transferred to the Redemption Fund and the Interest Account of the Bond Fund pursuant
to Section 4.6(C) to redeem Bonds pursuant to this Section 2.3(A)(ii). Such mandatory
redemption of the Bonds shall be at the following redemption prices (expressed as
percentages of the principal amount of the Bonds to be redeemed), together with accrued
interest thereon to the date of redemption:
Redemption Date Redemption Price
March 1, 2006 through March 1, 2014 102%
September 1, 2014 and March 1, 2015 101%
September 1, 2015 and thereafter 100%
(iii) Extraordinary Mandatory Redemption of Escrow Bonds. The Escrow
Bonds are subject to extraordinary mandatory redemption on March 1, 2007, September
1, 2007 and September 1, 2008 from funds transferred from the Escrow Fund to the
Redemption Fund pursuant to the provisions of Section 4.10(B)(ii) at a redemption price
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equal to 102% of the principal amount thereof, together with accrued interest thereon to
the date of redemption.
(iv) Mandatory Sinking Fund Payment Redemption. The Bonds, other than the
Escrow Bonds, maturing on September 1, 20~ are subject to mandatory sinking fund
payment redemption in part on September 1, 20~, and on each September 1 thereafter to
maturity, by lot, at a redemption price equal to the principal amount thereof to be
redeemed, together with accrued interest to the date fixed for redemption, without
premium, from sinking fund payments as follows:
Redemption Date
(September 1) Sinking Fund Payments
The amounts in the foregoing tables shall be reduced, as a result of any prior
partial redemption of the Bonds pursuant to Section 2.3(A)(i), (ii) or (iii) above as
specified in writing by the Director of Finance to the Fiscal Agent, in inverse order of
sinking fund payment date.
(v) Mandatory Sinking Fund Payment Redemption of Escrow Term Bonds..
The Escrow Term Bonds are subject to mandatory sinking fund payment redemption in
part on September 1, 20 , and on each September 1 thereafter to maturity, by lot, at a
redemption price equal to the principal amount thereof to be redeemed, together with
accrued interest to the date fixed for redemption, without premium, from sinking fund
payments as follows:
Redemption Date
(September 1) Sinking Fund Payments
The amounts in the foregoing tables shall be reduced, as a result of any prior
partial redemption of the Bonds pursuant to Section 2.3(A)(i) or (ii) above as specified in
writing by the Director of Finance to the Fiscal Agent, in inverse order of sinking fund
payment date.
(B) Notice to Fiscal Agent. The City shall give the Fiscal Agent written notice of its
intention to redeem Bonds pursuant to subsection 2.3(A)(i) or (ii) not less than sixty (60) days
prior to the applicable redemption date or such shorter period as shall be acceptable to the Fiscal
Agent.
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(C) Purchase of Bonds in Lieu of Redemption. In lieu of redemption under Section
2.3(A), moneys in the Bond Fund or Redemption Ftmd may be used and withdrawn by the Fiscal
Agent for purchase of Outstanding Bonds, upon the filing with the Fiscal Agent of an Officer's
Certificate requesting such purchase, at public or private sale as and when, and at such prices
(including brokerage and other charges) as such Officer's Certificate may provide, but in no
event may Bonds be purchased at a price in excess of the principal amount thereof, plus interest
accrued to the date of purchase and any premium which would otherwise be due if such Bonds
were to be redeemed in accordance with this Agreement.
(D) Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of
any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not
more than sixty (60) days prior to the date fixed for redemption, to the Original Purchaser, to the
Securities Depositories, to one or more Information Services, and to the respective registered
Owners of any Bonds designated for redemption, at their addresses appearing on the Bond
Register in the Principal Office of the Fiscal Agent; but such mailing shall not be a condition
precedent to such redemption and failure to mail or to receive any such notice, or any defect
therein, shall not affect the validity of the proceedings for the redemption of such Bonds.
Such notice shall state the redemption date and the redemption price and, if less than all
of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP
numbers and Bond numbers of the Bonds to be redeemed by giving the individual CUSIP
number and Bond number of each Bond to be redeemed or shall state that all Bonds between two
stated Bond numbers, both inclusive, are to be redeemed or that all of the BOnds of one or more
maturities have been called for redemption, shall state as to any Bond called in part the principal
amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the
Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state
that further interest on such Bonds will not accrue from and after the redemption date.
Upon the payment of the redemption price, plus accrued interest to the date of
redemption, of Bonds being redeemed, each check or other transfer of funds issued for such
purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and
maturity, of the Bonds being redeemed with the proceeds of such check or other transfer.
Except as otherwise provided for herein, whenever provision is made in this Agreement
for the redemption of less than all of the Bonds or any given portion thereof, the Fiscal Agent
shall determine the amount of Bonds to be redeemed from each maturity in any manner the City
specifies, and the Fiscal Agent shall select the Bonds to be redeemed, from each maturity of the
Bonds or such given portion thereof not previously called for redemption, according to any
manner which the Fiscal Agent deems fair.
Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal
Agent shall authenticate and deliver to the registered Owner, at the expense of the City, a new
Bond or Bonds, of the same series and maturity, of authorized denominations in aggregate
principal amount equal to the unredeemed portion of the Bond or Bonds.
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(Ei Effect of Redemption. From and after the date fixed for redemption, if funds
available for the payment of the principal of, and interest and any premium on, the Bonds so
called for redemption shall have been deposited in the Bond Fund or Redemption Fund, such
Bonds so called shall cease to be entitled to any benefit under this Agreement other than the right
to receive payment of the redemption price and interest thereon accrued through the date of
redemption, and no interest shall accrue thereon on or after the redemption date specified in such
notice.
All Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section shall be
canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and issue a
certificate of destruction thereof to the City.
Section 2.4 Form of Bonds. The Bonds, other than the Escrow Bonds, the form of
Fiscal Agent's certificate of authentication and the form of assignment, to appear thereon, shall
be substantially in the form set forth in Exhibit A attached hereto and by this reference
incorporated herein, with necessary or appropriate variations, omissions and insertions, as
permitted or required by this Agreement, the Resolution and the Act.
The Escrow Bonds, the form of Fiscal Agent's certificate of authentication and the form
of assigmnent, to appear thereon, shall be substantially in the form set forth in Exhibit B attached
hereto and by this reference incorporated herein, with necessary or appropriate variations,
omissions and insertions, as permitted or required by this Agreement, the Resolution and the Act.
Section 2.5 Execution of Bonds. The Bonds shall be executed on behalf of the City
manually or by the facsimile signatures of its Mayor and City Clerk who are in office on the date
of adoption of this Agreement or at any time thereafter, and the seal of the City shall be
impressed, imprinted or reproduced by facsimile thereon. If any officer whose signature appears
on any Bond ceases to be such officer before delivery of the Bonds to the Owner, such signature
shall nevertheless be as effective as if the officer had remained in office until the delivery of the
Bonds to the Owner. Any Bond may be signed and attested on behalf of the City by such
persons as at the actual date of the execution of such Bond shall be the proper officers of the City
although at the nominal date of such Bond any such person shall not have been such officer of
the City. Only such Bonds as shall bear thereon a certificate of authentication in substantially
the form set forth in Exhibit A, executed and dated by the Fiscal Agent, shall be valid or
obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of
authentication of the Fiscal Agent shall be conclusive evidence that the Bonds registered
hereunder have been duly authenticated, registered and delivered hereunder and are entitled to
the benefits of this Agreement.
Section 2.6 Transfer of Bonds. Any Bond may, in accordance with its terms, be
transferred, upon the books required to be kept pursuant to the provisions of Section 2.8 by the
Person in whose name it is registered, in person or by his duly authorized attorney, upon
surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of
transfer in a form approved by the Fiscal Agent. The cost for any services rendered or any
expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the
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City. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other
governmental charge required to be paid with respect to such transfer.
Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and
the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal
amount.
No transfers of Bonds shall be required to be made (i) fifteen days prior to the date
established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond
after such Bond has been selected for redemption, or (iii) betweefi a Record Date and the
succeeding Interest Payment Date.
Section 2.7 Exchange of Bonds. Bonds may be exchanged at the Principal Office of
the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and
of the same series and maturity. The cost for any services rendered or any expenses incurred by
the Fiscal Agent in connection with any such exchange shall be paid by the City. The Fiscal
Agent shall collect from the Owner requesting such exchange any tax or other governmental
charge required to be paid with respect to such exchange. No exchanges of Bonds shall be
required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection
of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for
redemption, or (iii) between a Record Date and the succeeding Interest Payment Date.
Section 2.8 Bond Register. The Fiscal Agent will keep or cause to be kept, at its
Principal Office sufficient books for the registration and transfer of the Bonds, which books shall
show the series, number, date, amount, rate of interest and last known Owner of each Bond and
shall at all times be open to inspection by the City during regular business hours upon reasonable
notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable
regulations as it may prescribe, register or transfer or cause to be registered or transferred, on
said books, the ownership of the Bonds as hereinbefore provided. The City and the Fiscal Agent
will treat the Owner of any Bond whose name appears on the Bond Register as the absolute
Owner of such Bond for any and all purposes, and the City and the Fiscal Agent shall not be
affected by any notice to the contrary. The City and the Fiscal Agent may rely on the address of
the Bondowner as it appears in the Bond Register for any and all purposes.
Section 2.9 Temporary Bonds. The Bonds may be initially issued in temporary form
exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be
printed, lithographed or typewritten, shall be of such authorized denominations as may be
determined by the City, and may contain such reference to any of the provisions of this
Agreement as may be appropriate. Every temporary Bond shall be executed by the City upon the
same conditions and in substantially the same manner as the definitive Bonds. If the City issues
temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the
temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at
the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall
designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary
Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations.
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Until so exchanged, the temporary bonds shall be entitled to the same benefits under this
Agreement as definitive Bonds authenticated and delivered hereunder.
Section 2.10 Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become
mutilated, the City, at the expense of the Owner of said Bond, shall execute, and the Fiscal Agent
shall authenticate and deliver, a new Bond of like tenor and principal amount in exchange and
substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond
so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled by it
and destroyed by the Fiscal Agent who shall deliver a certificate of destruction thereof to the
City. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft
may be submitted to the Fiscal Agent and, if such evidence be satisfactory to it and indemnity for
the City and the Fiscal Agent satisfactory to the Fiscal Agent shall be given, the City, at the
expense of the Owner, shall execute, and the Fiscal Agent shall authenticate and deliver, a new
Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost,
destroyed or stolen. The City may require payment of a sum not exceeding the actual cost of
preparing each new Bond delivered under this Section and of the expenses which may be
incurred by the City and the Fiscal Agent for the preparation, execution, authentication and
delivery. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to
be lost, destroyed or stolen shall constitute an original additional contractual obligation on the
part of the City whether or not the Bond so alleged to be lost, destroyed or stolen is at any time
enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this
Agreement with all other Bonds issued pursuant to this Agreement.
Section2.11 Limited Obligation. The Bonds and interest thereon, together with any premium
paid thereon upon redemption, are not obligations of the City, but are limited obligations of the
CFD secured by and payable from an irrevocable first lien on the Special Tax Revenues and on
the monies in the funds and accounts established herein (including the investment earnings
thereon) with the exception of the Rebate Fund, the Costs of Issuance Fund, the Administrative
Expense Fund and the Project Fund. Except for the Special Tax Revenues, neither the credit nor
the taxing power of the CFD or the City is pledged for the payment of the Bonds or the interest
thereon, and no Owner of the Bonds may compel the exercise of taxing power by the CFD or the
City or the forfeiture of any of their property. The principal of and interest on the Bonds and
premiums upon the redemption thereof, if any, are not a debt of the CFD or the City, the State or
any of its political subdivisions within the meaning of any constitutional or statutory limitation or
restriction. The Bonds are not a legal or equitable pledge, charge, lien or encumbrance, upon any
property of the City or the CFD, or upon any of income, receipts or revenues of the City or the
CFD, except the amounts which are, under this Agreement and the Act, set aside for the payment
of the Bonds and interest thereon and neither the members of the Legislative Body, the City
Council of the City, nor any persons executing the Bonds are liable personally on the Bonds by
reason of their issuance. Notwithstanding anything contained in this Agreement, neither the City
nor the CFD shall be required to advance any money derived from any source of income other
than the Special Tax Revenues for the payment of the interest on or the principal of the Bonds or
for the performance of any covenants herein contained.
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Nothing in this Agreement or in any Supplemental Agreement shall preclude the
redemption prior to maturity of any Bonds subject to call and redemption or the payment of the
Bonds from proceeds of refunding bonds issued under the Act or under any other law of the
State.
Section 2.12 No Acceleration. The principal of the Bonds shall not be subject to
acceleration hereunder. Nothing in this Section shall in any way prohibit the prepayment or
redemption of Bonds under Section 2.3 hereof, or the defeasance of the Bonds and discharge of
this Agreement under Section 10.3 hereof.
Section 2.13 Book-Entry System. DTC shall act as the initial Depository for the Bonds.
One Bond for each maturity of the Bonds shall be initially executed, authenticated, and delivered
as set forth herein with a separate fully registered certificate (in print or typewritten form). Upon
initial execution, authentication, and delivery, the ownership of the Bonds shall be registered in
the Bond Register kept by the Fiscal Agent for the Bonds in the name of Cede & Co., as nominee
of DTC or such nominee as DTC shall appoint in writing. The representatives of the City and the
Fiscal Agent are hereby authorized to take any and all actions as may be necessary and not
inconsistent with this Agreement to qualify the Bonds for the Depository's book~entry system,
including the execution of the Depository's required representation letter.
With respect to Bonds registered in the Bond Register in the name of Cede & Co., as
nominee of DTC, neither the City nor the Fiscal Agent shall have any responsibility or obligation
to any broker-dealer, bank, or other financial institution for which DTC holds Bonds as
Depository from time to time (the "DTC Participants") or to any Person for which a DTC
Participant acquires an interest in the Bonds (the "Beneficial Owners"). Without limiting the
immediately preceding sentence, neither the City, the CFD nor the Fiscal Agent shall have any
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co.,
or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to
any DTC Participant, any Beneficial Owner, or any other Person, other than DTC, of any notice
with respect to the Bonds, including any notice of redemption, (iii) the selection by the
Depository of the beneficial interests in the Bonds to be redeemed in the event the City, on
behalf of the CFD, elects to redeem the Bonds in part, (iv) the payment to any DTC Participant,
any Beneficial Owner, or any other Person, other than DTC, of any amount with respect to the
principal of or interest on, or premium on, the Bonds, or (v) any consent given or other action
taken by the Depository as Owner of the Bonds.
Except as set forth above, the Fiscal Agent may treat as and deem DTC to be the absolute
Owner of each Bond for which DTC is acting as Depository for the purpose of payment of the
principal of and interest on such Bonds, for the pt/rpose of giving notices of prepayment and
other matters with respect to such Bonds, for the purpose of registering transfers with respect to
such Bonds, and for all purposes whatsoever. The Fiscal Agent shall pay all principal of and
interest on the Bonds only to or upon the order of the Owners as shown on the Bond Register,
and all such payments shall be valid and effective to fully satisfy and discharge all obligations
with respect to the principal of and interest on the Bonds to the extent of the sums or sums so
paid.
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No Person other than an Owner, as shown on the Bond Register, shall receive a physical
Bond. Upon delivery by DTC to the Fiscal Agent of written notice to the effect that DTC has
determined to substitute anew nominee in place of Cede & Co., and subject to the transfer
provisions in Section 2.6 hereof, references to "Cede & Co." in this Section 2.14 shall refer to
such new nominee of DTC.
DTC may determine to discontinue providing its services with respect to the Bonds at any
time by giving written notice to the Fiscal Agent during any time that the Bonds are Outstanding,
and discharging its responsibilities with respect thereto under applicable law. The City may
terminate the services of DTC with respect to the Bonds if it determines that DTC is unable to
discharge its responsibilities with respect to the Bonds or that continuation of the system of
book-entry transfers through DTC is not in the best interest of the Beneficial Owners, and the
City shall mail notice of such termination to the Fiscal Agent.
Upon the termination of the services of DTC as provided in the previous paragraph, and
if no substitute Depository willing to undertake the functions hereunder can be found which is
willing and able to undertake such functions upon reasonable or customary terms, or if the City
determines that it is in the best interest of the Beneficial Owners of the Bonds that they be able to
obtain certificated Bonds, the Bonds shall no longer be restricted to being registered in the Bond
Register of the Fiscal Agent in the name of Cede & Co., as nominee of DTC, but may be
registered in whatever name or name the Owners shall designate at that time, in accordance with
Section 2.6.
To the extent that the Beneficial Owners are designated as the transferee by the Owners,
in accordance with Section 2.6, the Bonds will be delivered to such Beneficial Owners as soon as
practicable.
ARTICLE III
ISSUANCE OF BONDS
Section 3.1 Issuance and Delivery of Bonds. At any time after the execution of this
Agreement, the City may issue the Bonds for the CFD in the aggregate principal amount set forth
in Section 2.1 and deliver the Bonds to the Original Purchaser. The Authorized Officers of the
City are hereby authorized and directed to deliver any and all documents and instruments
necessary to cause the issuance of the Bonds in accordance with the provisions of the Act, the
Resolution and this Agreement, to authorize the payment of Costs of Issuance and costs of the
Project by the Fiscal Agent from the proceeds of the Bonds and to do and cause to be done any
and all acts and things necessary or convenient for delivery of the Bonds to the Original
Purchaser.
Section 3.2 Pledge of Special Tax Revenues. The Bonds shall be secured by a first
pledge (which pledge shall be effected in the manner and to the extent herein provided) of all of
the Special Tax Revenues (except Special Tax Revenues deposited in the Administrative
Expense Fund) and all moneys deposited in the Bond Fund and, until disbursed as provided
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herein, in the Redemption Fund and the Special Tax Fund. The Bonds are further secured by a
first pledge of all of the moneys deposited in the Reserve Fund. The Special Tax Revenues and
all moneys deposited into said funds (except as otherwise provided herein) are hereby dedicated
to the payment of the principal of, and interest and any premium on, the Bonds as provided
herein and in the Act until all of the Bonds have been paid and retired or until moneys or Federal
Securities have been set aside irrevocably for that purpose in accordance with Section 10.3.
Amounts in the Administrative Expense Fund, the Rebate Fund, the Costs of Issuance Fund and
the Project Fund are not pledged to the repayment of the Bonds. The facilities acquired or
constructed with the proceeds of the Bonds are not in any way pledged to pay the Debt Service
on the Bonds. Any proceeds of condemnation or destruction of any facilities financed with the
proceeds of the Bonds are not pledged to pay the Debt Service on the Bonds and are free and
clear of any lien or obligation imposed hereunder.
Section 3.3 Validity of Bonds. The validity of the authorization and issuance of the
Bonds shall not be dependent upon the completion of the Project or upon the performance by any
Person of such Person's obligation(s) with respect to the Project.
ARTICLE IV
FUNDS AND ACCOUNTS
Section 4.1 Deposits of Bond Proceeds. The proceeds of the purchase of thc Bonds by
the Original Purchaser thereof shall be paid to the Fiscal Agent, who shall forthwith set aside,
pay over and deposit such proceeds on the Closing Date for the Bonds as follows:
(A) to the Interest Account of the Bond Fund $ _;
(B) to the Reserve Fund $ .00;
(C) to the Costs of Issuance Fund $ .__;
(D) to the Project Fund $ ;
(E) to the Escrow Fund $ ; and,
(F) to a temporary suspense account hereby created for such purpose for immediate
transfer to the Director of Finance for deposit by the Director of Finance in the
Administrative Expense Fund $40,000.00.
Section 4.2 Proiect Fund.
(A) Establishment of Project Fund. There is hereby established as a separate fund to
be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No.
2000-03 (Rancho Summit) 2005 Special Tax Bonds, Project Fund to the credit of which deposits
shall be made as required by Section 4.1(D) and 4.10(B)(i). The Fiscal Agent may establish such
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temporary funds or accounts on its records as it may deem appropriate to facilitate such deposits
and transfem.
Moneys in the Project Fund shall be held in trust by the Fiscal Agent for the benefit of the
City, and shall be disbursed, except as otherwise provided in subsection (C) of this Section,
solely for the payment or reimbursement of costs of the Project.
(B) Procedure for Disbursement for Project Costs. The Fiscal Agent shall make
disbursements from the Project Fund upon receipt of an Officer's Certificate, in substantially the
form set forth in Exhibit C to this Agreement, attached hereto and incorporated herein by
reference, which shall:
(i) set forth the amount required to be disbursed; the purpose for which the
disbursement is to be made; that the disbursement is a proper expenditure from the
Project Fund; and the Person to which the disbursement is to be paid; and
(ii) certify that no portion of the amount then being requested to be disbursed
was set forth in any Officer's Certificate previously filed requesting a disbursement.
(C) Transfers to the Bond Fund.
(i) On any Interest Payment Date, if there is a deficiency in the Bond Fund of
the amount then required for payment of the principal of, and interest and any premium
on, the Bonds after all available amounts in the Reserve Fund have been transferred to the
Bond Fund pursuant to Section 4.4 (C) hereof, the City may, but is not required to, direct
the Fiscal Agent to transfer moneys from the Project Fund to the Bond Fund pursuant to
an Officer's Certificate which shall set forth the amount to be transferred.
(D) Investment. Moneys in the Project Fund shall be invested and deposited in
accordance with Section 6.1. Interest earnings and profits resulting from such investment shall
be invested and deposited and shall be retained in the Project Fund to be used for the purposes
thereofi
(E) Transfer of Funds not Required for Project. Upon the filing of an Officer's
Certificate stating that the Project has been completed and that all costs of the Project have been
paid, or that any such costs are not required to be paid from the Project Fund, the Fiscal Agent
shall transfer the amount, if any, remaining in the Project Fund to the Special Tax Fund.
(F) Transfer of Funds in case of Abandonment. Upon the filing of an Officer's
Certificate stating that the Authorized Officer has determined in his sole discretion that work
necessary to construct and complete the Project has ceased for a continuous period of over six
months such that the construction of the Project effectively has been abandoned, or that for any
reason all or any portion of the amounts then on deposit in the Project Fund will not be expended
for Project costs, the Fiscal Agent shall transfer the amounts in the Project Fund as set forth in
Subsection (E) of this Section.
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Section 4.3 Costs of Issuance Fund.
(A) Establishment of Costs of Issuance Fund. There is hereby established as a
separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community
Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds, Costs of Issuance
Fund, to the credit of which a deposit shall be made as required by Section 4.1(C). Moneys in
the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as
provided in subsection (B) of this Section for the payment or reimbursement of Costs of
Issuance.
(B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed from
time to time to pay Costs of Issuance, as set forth in a requisition containing respective amounts
to be paid to the designated payees, signed by an Authorized Officer and delivered to the Fiscal
Agent concurrently with the delivery of the Bonds. The Fiscal Agent shall pay all Costs of
Issuance after receipt of an invoice from any such payee which requests payment in an amount
which is less than or equal to the amount set forth with respect to such payee pursuant to an
Officer's Certificate requesting payment of Costs of Issuance. The Fiscal Agent shall maintain
the Costs of Issuance Fund for a period of 180 days from the date of delivery of the Bonds and
then shall transfer any moneys remaining therein, including any investment earnings thereon, to
the Project Fund.
(C) Investment. Moneys in the Costs of Issuance Fund shall be invested and
deposited in accordance with Section 6.1. Interest earnings and profits resulting from said
investment shall be retained by the Fiscal Agem in the Costs of Issuance Fund to be used for the
purposes of such fund.
Section 4.4 Reserve Fund.
(A) Establishment of Fund. There is hereby established as a separate fund to be held
by the Fiscal Agent the City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit) 2005 Special Tax Bonds, Reserve Fund, to the credit of which Fund a deposit
shall be made as required by Section 4.1(B) which deposit is equal to the Reserve Requirement
as of the Closing Date for the Bonds, and deposits shall be made as provided in Section
4.10(B)(i) and Section 4.6(B). Moneys in the Reserve Fund shall be held in trust by the Fiscal
Agent for the benefit of the Owners of the Bonds as a reserve for the payment of principal of,
and interest and any premium on, the Bonds and shall be subject to a lien in favor of the Owners
of the Bonds.
(B) Use of Funds. Except as otherwise provided in this Section, all amounts
deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the
purpose of making transfers to the Bond Fund in the event o£any deficiency at any time in the
Bond Fund of the amount then required for payment of the principal of, and interest and any
premium on, the Bonds or, in accordance with the provisions of this Section, for the purpose of
redeeming Bonds from the Bond Fund.
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(C) Transfer Due to Deficiency in Bond Fund. Whenever transfer is made from the
Reserve Fund to the Bond Fund due to a deficiency in the Bond Fund, the Fiscal Agent shall
provide written notice thereof to the Director of Finance, specifying the amount withdrawn.
(D) Transfer of Excess of Reserve Requirement. If on any September 1, or the first
Business Day thereafter if September 1 is not a Business Day, of each year, the amount in the
Reserve Fund exceeds the Reserve Requirement, the Fiscal Agent shall, as directed in an
Officer's Certificate, transfer an amount equal to the excess from the Reserve Fund to the
Interest Account of the Bond Fund to be used for the payment of interest on the Bonds on the
next Interest Payment Date in accordance with Section 4.5.
(E) Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in
the Reserve Fund exceeds the amount required to redeem or pay the Outstanding Bonds,
including interest accrued to the date of payment or redemption and premium, if any, due upon
redemption, the Fiscal Agent shall transfer the amount in the Reserve Fund to the Redemption
Fund to be applied to the payment and redemption, in accordance with Section 2.3(A) of all of
the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the
Redemption Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the
balance in the Redemption Fund shall be transferred to the CFD to be used for any lawful
purpose of the CFD.
Notwithstanding the foregoing, no amounts shall be transferred from the Reserve Fund
pursuant to this Section 4.4(E) until after (i) the calculation of any amounts due to the federal
government pursuant to Section 5.13 following payment of the Bonds and withdrawal of any .
such amount from the Reserve Fund for purposes of making such payment to the federal
government, and (ii) payment of any fees and expenses due to the Fiscal Agent.
(F) Transfer Upon Special Tax Prepayment. Whenever Special Taxes are prepaid and
Bonds are to be redeemed with the proceeds of such prepayment pursuant to Section 2.3(A) and
4.9(B) hereof, a proportionate amount in the Reserve Fund (determined on the basis of the
principal of Bonds to be redeemed and the then principal of the Bonds Outstanding) shall be
transferred upon such prepayment by the Fiscal Agent to the Redemption Fund or the Interest
Account of the Bond Fund, as applicable, to be applied to the redemption of the Bonds pursuant
to written instructions contained in an Officer's Certificate in accordance with Section 4.9(B)
hereof.
(G) Investment and Transfer to Pay Rebate. Moneys in the Reserve Fund shall be
invested and deposited in accordance with Section 6.1. All Permitted Investments in the Reserve
Fund shall be valued at their Fair Market Value at least semiannually on March 1 and September
1. Interest earnings and profits resulting from said investment shall be used as required by the
CFD to comply with Section 5.13. No earnings on amounts in the Reserve Fund shall be used by
the CFD to comply with Section 5.13 unless the amount on deposit in the Reserve Fund is equal
to the Reserve Requirement.
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Section 4.5 Bond Fund..
(A) Establishment of Bond Fund and Interest Account and Principal Account. There
is hereby re-established as a separate fund to be held by the Fiscal Agent, the City of Rancho
Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax
Bonds, Bond Fund, and within such Fund two accounts, the Interest Account and the Principal
Account, to the credit of which deposits shall be made as required by Sections 4.1(A), 4.2(C),
4.4(B), 4.4(D), 4.4(F) and 4.6(B), and any other amounts required to be deposited therein by this
Agreement or the Act.
Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of the
Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any
premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a
lien in favor of the Owners of the Bonds.
(B) Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw
from the Interest Account of the Bond Fund and pay to the Owners of the Bonds the interest then
due and payable on the Bonds, including any interest due on the Bonds being redeemed pursuant
to Section 2.3(A).
On each Interest Payment Date, the Fiscal Agent shall withdraw from the Principal
Account of the Bond Fund and pay to the Owners of the Bonds the principal of the Bonds at the
maturity thereof or the principal of the term Bonds upon the mandatory sinking fund redemption
thereof pursuant to this Agreement.
(C) Investment. Moneys in the Bond Fund shall be invested and deposited in
accordance with Section 6.1. Interest earnings and profits resulting from the investment and
deposit of amounts in the Bond Fund shall be retained in the Bond Fund and used for purposes of
such fund.
Section 4.6 Special Tax Fund.
(A) Establishment of Special Tax Fund. There is hereby established as a separate
fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities
District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds, Special Tax Fund. Moneys in
the Special Tax Fund shall be held in trust by the Fiscal Agent for the benefit of the CFD and the
Owners of the Bonds, shall be disbursed as provided below and, pending disbursement, shall be
subject to a lien in favor of the Owners of the Bonds and the CFD. No later than the tenth (10th)
Business Day after which Special Tax Revenues have been received by the City, and in any
event not later than February 15th and August 15th of each year, the City shall transfer such
Special Tax Revenues to the Fiscal Agent, less an amount equal to the Administrative Expense
Requirement, and, except as set forth in the following sentence, such amounts shall be deposited
in the Special Tax Fund.
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(B) Disbursements. With the exception of the Special Tax Revenues representing
Special Tax Prepayments which shall be transferred pursuant to Section 4.6(C), below, the
Special Tax Revenues deposited in the Special Tax Fund shall be deposited in the following
accounts of the Special Tax Fund or transferred to the following other funds and accounts on the
dates and in the amounts set forth in the following paragraph and in the following order of
priority:
1. The Fiscal Agent shall deposit in the Interest Account of the Bond Fund, on each
Interest Payment Date and date for redemption of the Bonds, an amount required
to cause the aggregate amount on deposit in the Interest Account to equal the
amount of interest due or becoming due and payable on such Interest Payment
Date on all Outstanding Bonds or to be paid on the Bonds being redeemed on
such date.
2. The Fiscal Agent shall deposit in the Principal Account of the Bond Fund, on
each Interest Payment Date and redemption date on which principal of the Bonds,
including sinking fund payments, shall be payable an amount required to cause
the aggregate amount on deposit in the Principal Account to equal the principal
amount of, and premium (if any) on, the Bonds coming due and payable on such
Interest Payment Date, or required to be redeemed on such date pursuant to this
Agreement.
3. On or after March 2 and September 2 of each year after making the transfer and
deposits required under paragraphs I and 2 above, the Fiscal Agent shall transfer
the amount, if any, necessary to replenish the amount then on deposit in the
Reserve Fund to an amount equal to the Reserve Requirement.
4. On or after September 2 of each year after making the deposits and transfers
required under paragraphs 1 through 3 above, upon receipt of written instructions
from an Authorized Officer, the Fiscal Agent shall transfer from the Special Tax
Fund to the Rebate Fund the amount specified in such request.
5. On or after September 2 of each year after making the deposits and transfers
required under paragraphs 1 through 4 above, upon receipt of a written request of
an Authorized Officer, the Fiscal Agent shall transfer from the Special Tax Fund
to the Director of Finance for deposit in the Administrative Expense Fund the
amounts specified in such request to pay those Administrative Expenses which
the CFD reasonably expects (a) will become due and payable during such Fiscal
Year or the cost of which Administrative Expenses have previously been incurred
and paid by the CFD from funds other than the Administrative Expense Fund and
(b) the cost of which Administrative Expenses will be in excess of the
Administrative Expense Requirement for such Fiscal Year.
6. If, on or after September 2 of each year, after making the deposits and transfers
required under paragraphs 1 through 5 above, monies remain in the Special Tax
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Fund, such monies shall remain on deposit in the Special Tax Fund and shall be
subsequently deposited or transferred pursuant to the provisions of paragraphs 1
through 5 above.
(C) Prepawnents. The Fiscal Agent shall, upon receipt of Special Tax Revenues
representing Special Tax Prepayments together with written instructions of the CFD executed by
an Authorized Officer, immediately transfer such Special Tax Prepayments pursuant to such
written instructions into the Interest Account of the Bond Fund and the Redemption Fund, as
applicable, and utilize such funds to pay the interest and premium, if any, on and principal of
Bonds to be redeemed pursuant to Section 2.3(A). The Fiscal Agent may conclusively rely upon
such instructions.
(D) Investment. Moneys in the Special Tax Fund shall be invested and deposited in
accordance with Section 6.1. Interest earnings and profits resulting from such investment and
deposit shall be transferred to the Special Tax Fund to be used for the purposes thereof.
(E) Transfer to Redemption Fund. Any Officer's Certificate issued pursuant to
subsections (E) or (F) of Section 4.2 of this Agreement (other than an Officer's Certificate issued
more than one year prior to the first date on which optional redemption of Bonds is permitted
pursuant to subsection 2.3(A)(i) of this Agreement) may direct that all or any portion of the
funds which would otherwise be transferred to the Special Tax Fund be transferred to the
Redemption Fund, in which case the Fiscal Agent shall apply such amounts in accordance with
Section 4.9 of this Agreement as directed in an Officer's Certificate.
(F) Transfer to the CFD. When there are no longer any Bonds Outstanding, any
amounts then remaining on deposit in the Special Tax Fund shall be transferred to the CFD and
used for any lawful purpose under the Act.
Section 4.7 Administrative Expense Fund.
(A) Establishment of Administrative Expense Fund. There is hereby established as a
separate fund to be held by the Director of Finance, the City of Rancho Cucamonga Community
Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds, Administrative
Expense Fund to the credit of which deposits shall be made as required by Section 4.1 (E).
Moneys in the Administrative Expense Fund shall be held in trust by the Director of Finance for
the benefit of the CFD and shall be used to pay Administrative Expenses from time to time.
(B) Investment. Moneys in the Administrative Expense Fund shall be invested and
deposited in accordance with Section 6.1. Interest earnings and profits resulting from said
investment shall be retained by the Director of Finance in the Administrative Expense Fund to be
used for the purposes thereofi
Section 4.8 Rebate Fund. There is hereby established as a separate fund to be held by
the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit) 2095 Special Tax Bonds, Rebate Fund. The Rebate Fund shall be held and
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maintained by the Fiscal Agent. On September 15 of each year (or at such other times and or
such other intervals as may be required or permitted by regulations of the United States Internal
Revenue Service), the City shall determine whether any portion of investment earnings from any
account established by this Agreement must be rebated to the United States pursuant to Section
148 of the Code. At the written direction of the CFD, any amounts required to be rebated will be
transferred from any available source, including the Special Tax Fund pursuant to Section 4.6, to
the Rebate Fund.
The City is authorized to retain independent attorneys, accountants and other consultants
to assist in complying with the requirements of the Code, and the fees 0f such consultants may be
paid from the Administrative Expense Account. The Fiscal Agent may rely conclusively upon
the City's determinations, calculations and certifications required by this Section 4.8. The Fiscal
Agent shall have no responsibility to make any independent calculation or determination or to
review the City's calculations hereunder.
Amounts in the Rebate Fund shall be invested without yield restriction and shall be held
in trust for rebate to the United States at the written direction of the Director of Finance.
Earnings on the Rebate Fund are to remain in that account and shall similarly be held in trust for
rebate to the United States.
Section 4.9 Redemption Fund.
(A) Establishment of Redemption Fund. There is hereby established as a separate
fund to beheld in trust by the Fiscal Agent for the Owners of the Bonds, the Community
Facilities District 2000-03 (Rancho Summit) 2005 Special Tax Bonds, Redemption Fund, to the
credit of which deposits shall be made from funds received by the City representing Special Tax
Prepayments and other funds required for redemptions, other than mandatory sinking fund
redemptions and which shall be administered as provided below.
(B) Disbursement. Monies shall be deposited into the Redemption Fund by the Fiscal
Agent pursuant to the terms of Section 4.4(E), 4.4(F) 4.6(C) and 4.6(E) and shall be set aside and
used solely for the purpose of redeeming Bonds in accordance with written instructions of the
CFD executed by an Authorized Officer given in accordance with Section 2.3 hereof. Following
the redemption of any Bonds, if any funds remain in the Redemption Fund, such funds shall be
transferred to the Special Tax Fund.
(C) Investment. Moneys in the Redemption Fund shall be invested and deposited in
accordance with Section 6.1. Interest eamings and profits resulting from such investment and
deposit shall be retained in the Special Tax Fund to be used for the purposes thereofi
Section 4.10 Escrow Fund.
(A) Establishment of Escrow Fund. There is hereby established as a separate fund to
be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No.
2000-03 (Rancho Summit) 2005 Special Tax Bonds, Escrow Fund to the credit of which a
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deposit shall be made as required by Section 4.1(E). The Fiscal Agent may establish such
temporary funds or accounts on its records as it may deem appropriate to facilitate such deposits
and transfers.
Moneys in the Escrow Fund shall be held in trust by the Fiscal Agent for the benefit of
the Owners and shall be transferred only as provided in subsection (B) of this Section.
(B) Transfers.
(i) Moneys on deposit in the Escrow Fund shall be released from the Escrow
Fund and transferred to the Project Fund and the Reserve Fund on any date after the
Closing Date upon which the Fiscal Agent shall have received an Officer's Certificate
certifying that the City has received a copy of the duly executed and recorded release
and/or quitclaim by the San Bemardino County Flood Control District of the Flood
Control Easement. Only one release and transfer of moneys on deposit in the Escrow
Fund will be permitted pursuant to this paragraph (i).
If the Fiscal Agent shall have received an Officer's Certificate as described in the
preceding paragraph, the Fiscal Agent shall transfer the amounts in the Escrow Fund as
follows:
(a) Into the Reserve Fund, the portion of the amount in the Escrow
Fund required to maintain the Reserve Fund at the Reserve Requirement (to the
extent that the transfer of the moneys from the Escrow Fund increases the amount
required to be on deposit in the Reserve Fund); and
(b) Into the Project Fund, the amount remaining in the Escrow Fund
following the transfer to the Reserve Fund pursuant to (a) above.
(ii) Moneys on deposit in the Escrow Fund shall be transferred to the
Redemption Fund and used to redeem Escrow Term Bonds pursuant to Section
2.3(A)(iii) on the earlier of the following dates:
(a) January 1, 2007 unless on or before such date the Developer shall
have provided a written receipt from the County or other evidence
satisfactory to the City that the Developer has paid the full amount of the
Special Taxes levied on the Restricted Parcels for the 2006-2007 tax year;
(b) July 1, 2007 unless on or before such date the Developer shall have
paid to the City the full amount of the Special Taxes to be levied on the
Restricted Parcels for the 2007-2008 tax year; or
(c) July 1, 2008.
(C) Investment. Moneys on deposit in the Escrow Fund shall be invested and
deposited in accordance with Section 6.1; provided, however, such moneys may only be invested
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with or secured by an institution rated "A" by S&P or by Moody's or in Permitted Investments
listed in paragraph 1 of the definition thereof. Interest eamings and profits resulting from any
such investment shall be retained by the Fiscal Agent in the Escrow Fund to be used for the
purposes of such fund.
ARTICLE V
OTHER COVENANTS OF THE CITY
Section 5.1 Punctual Payment. The City will punctually pay or cause to be paid the
principal of, and interest and any premium on, the Bonds when and as due in strict conformity
with the terms of this Agreement and any Supplemental Agreement, and it will faithfully observe
and perform all of the conditions covenants and requirements of this Agreement and all
Supplemental Agreements and of the Bonds.
Section 5.2 Extension of Time for Payment. In order to prevent any accumulation of
claims for interest after maturity, the City shall not on the CFD's behalf, directly or indirectly,
extend or consent to the extension of the time for the payment of any claim for interest on any of
the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement
by purchasing or funding said claims for interest or in any other manner. In case any such claim
for interest shall be extended or funded, whether or not with the consent of the City, such claim
for interest so extended or funded shall not be entitled, in case of default hereunder, to the
benefits of this Agreement, except subject to the prior payment in full of the principal of all of
the Bonds then Outstanding and of all claims for interest which shall not have so extended or
funded.
Section 5.3 Against Encumbrances. Neither the City nor the CFD will ~ncumber,
pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts
pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the
benefit of the Bonds, except as permitted by this Agreement.
Section 5.4 Books and Records. The City will keep, or cause to be kept, on behalf of
the CFD proper books of record and accounts, separate from all other records and accounts of the
CFD, in which complete and correct entries shall be made of all transactions relating to the
expenditure of amounts disbursed from the Administrative Expense Fund. Such books of record
and accounts shall at all times during normal business hours of the City be subject to the
inspection of the Fiscal Agent, the Owners of not less than ten percent (10%) of the principal
amount of the Bonds then Outstanding, or their representatives duly authorized in writing, and
the payors of the Special Taxes, or their representatives duly authorized in writing.
The Fiscal Agent will keep, or cause to be kept, proper books of record and accounts,
separate from all other records and accounts of the Fiscal Agent, in which complete and correct
entries shall be made of all transactions relating to the expenditure of amounts disbursed from
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the Special Tax Fund, the Bond Fund, the Redemption Fund, the Project Fund, the Reserve Fund,
the Costs of Issuance Fund and the Rebate Fund. Such books of record and accounts shall at all
times during normal business hours of the Fiscal Agent be subject to the inspection of the City,
the Owners of not less than ten percent (10%) of the principal amount of the Bonds then
Outstanding, or their representatives duly authorized in writing, and the payors of the Special
Taxes, or their representatives duly authorized in writing.
Section 5.5 Protection of Security and Rights of Owners. The City will preserve and
protect the security of the Bonds and the rights of the Owners, and will warrant and defend their
rights against all claims and demands of all Persons. From and after the delivery of any of the
Bonds by the City, the Bonds shall be incontestable by the City acting either on its own behalf or
on behalf of the CFD.
Section 5.6 Compliance with Law. The City will comply with all applicable
provisions of the Act and law in completing the construction or acquisition of the Project.
Section 5.7 Collection of Special Tax Revenues. The City shall comply with all
requirements of the Act so as to assure the timely collection of Special Tax Revenues, including
without lir~itation, the enfomement of delinquent Special Taxes.
On or within five (5) Business Days of each June 1, the Fiscal Agent shall provide the
Director of Finance with a notice stating the amount then on deposit in the Interest Account and
Principal Account of the Bond Fund, and the Reserve Fund, and informing the City that the
Special Taxes may need to be levied pursuant to the Ordinance as necessary to provide for
Annual Debt Service and Administrative Expenses and replenishment (if necessary) of the
Reserve Fund so that the balance therein equals the Reserve Requirement. The receipt of or
failure to receive such notice by the Director of Finance shall in no way affect the obligations of
the Director of Finance under the following two paragraphs. Upon receipt of such notice, the
Director of Finance shall communicate with the Auditor to ascertain the relevant parcels on
which the Special Taxes are to be levied, taking into account any parcel splits during the
preceding and then current year.
The Director of Finance shall effect the levy of the Special Taxes each Fiscal Year in
accordance with the Ordinance by each August 1 that the Bonds are Outstanding, or otherwise
such that the computation of the levy is complete before the final date on which Auditor will
accept the transmission of the Special Tax amounts for the parcels within the CFD for inclusion
on the next real property tax roll. Upon the completion of the computation of the amounts of the
levy, the Director of Finance shall prepare or cause to be prepared, and shall transmit to the
Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the next
real property tax roll.
The Director of Finance shall fix and levy the amount of Special Taxes within the CFD
required for the payment of principal of and interest on any Outstanding Bonds of the CFD
becoming due and payable during the ensuing year, including any necessary replenishment or
expenditure of the amount within the Reserve Fund for the Bonds and an amount estimated to be
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sufficient to pay the Administrative Expenses (including amounts necessary to discharge any
obligation under Section 5.13) during such year, taking into account the balances in such funds
and in the Bonds Fund, the Redemption Fund and the Special Tax Fund. The Special Taxes so
levied shall not exceed the authorized amounts as provided in the Ordinance.
The Special Taxes shall be payable and be collected in the same manner and at the same
time and in the same installment as the general taxes on real property are payable, and have the
same priority, become delinquent at the same time and in the same proportionate amounts and
bear the same proportionate penalties and interest after delinquency as do the ad valorem taxes
on real property.
Notwithstanding the foregoing, the Director of Finance shall, not later than July 15 of
each Fiscal Year, determine whether or not to cause the collection of any Special Taxes by
direct, first class mail billing to the then owner of each parcel of property in lieu of billing for
such Special Taxes in the same manner as general taxes as aforesaid. Such direct mail billing
shall be made not later than November 1 of the Fiscal Year and shall direct the owner of the
property affected to pay the Special Taxes directly to the Director of Finance in two equal
installments, the first of which shall be due and delinquent if not paid on December 10 and the
second of which may be paid with the first and which, in any event, shall be due and delinquent
if not paid on April 10 of the Fiscal Year. Any such Special Taxes so billed shall have the same
priority and bear the same proportionate penalties and interest after delinquency as do the ad
valorem taxes on real property.
Notwithstanding the foregoing, the Legislative Body may waive delinquency penalties
and redemption penalties if it makes all of the determinations set forth in Section 53340(0 of the
Act.
Section 5.8 Reduction in Maximum Annual Special Tax. The CFD finds and
determines that, historically, delinquencies in the payment of special taxes authorized pursuant to
the Act in community facility districts in Southem California have from time to time been at
levels requiring the levy of special taxes at the maximum authorized rates in order to make
timely payment of principal of and interest on the outstanding indebtedness of such community
facilities districts. For this reason, the City has determined that, absent the certification
described below, a reduction in the Maximum Annual Special Tax (as such term is defined in the
Rate and Method) authorized to be levied below the levels provided would interfere with the
timely retirement of the Bonds. The City has determined it to be necessary in order to preserve
the security for the Bonds to covenant and, to the maximum extent that the law permits it to do
so, the City does covenant, that it shall not initiate proceedings to reduce the Maximum Special
Tax Rates (as such term is defined in the Rate and Method) unless, in connection therewith, (i)
the City receives a certificate from one or more Tax Consultants which, when taken together,
certify that, on the basis of the parcels of land and improvements existing in the City as of the
July 1 preceding the reduction, the Maximum Annual Special Tax which may be levied on all
Assessor's Parcels (as such term is defined in the Rate and Method) of taxable property on which
a completed structure is located in each Fiscal Year will equal at least 110% of the gross debt
service on all Bonds to remain Outstanding after the reduction is approved and will not reduce
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the Maximum Annual Special Tax payable from parcels on which a completed structure is
located to less than 110% of Maximum Annual Debt Service, and (ii) the Legislative Body finds
pursuant to this Agreement that any reduction made under such conditions will not adversely
affect the interests of the Bondowners. Any reduction in the Maximum Annual Special Tax
approved pursuant to the preceding sentence may be approved without the consent of the
Bondowners.
The City covenants that, in the event that any initiative is adopted by the qualified
electors which purports to reduce the Maximum Annual Special Tax below the levels authorized
pursuant to the Rate and Method or to limit the power or authority of the City to levy Special
Taxes pursuant to the Rate and Method, the City shall, from funds available hereunder,
commence and pursue legal action in order to preserve the authority and power of the City to
levy Special Taxes pursuant to the Rate and Method.
Section 5.9 Covenant to Foreclose. On or before March 1 and June 1 of each Fiscal
year, the City will review the public records of the County in connection with the Special Taxes
levied in such Fiscal Year to determine the amount of Special Taxes actually collected in such
Fiscal Year. If the City determines that (a) any single parcel subject to the Special Taxes is
delinquent in the payment of Special Taxes in the aggregate of $3,000 or more or (b) any parcels
under common ownership subject to the Special Taxes are delinquent in the payment of Special
Taxes in the aggregate of $10,000 or more, the City shall, not later than forty-five (45) days of
such determination, send or cause to be sent a notice of delinquency (and a demand for
immediate payment thereof) to the property owner. The City shall cause judicial foreclosure
proceedings to be commenced and filed in the Superior Court not later than ninety (90) days of
such determination against any parcel for which a notice of delinquency was given pursuant to
this section and for which the Special Taxes remain delinquent. With respect to aggregate
delinquencies throughout the CFD, if the City determines that it has collected less than 90% of
the Special Taxes levied in the such Fiscal Year, then the City shall, not later than forty-five (45)
days of such determination, send or cause to be sent a notice of delinquency (and a demand for
immediate payment thereof) to the owner of each delinquent parcel (regardless of the amount of
such delinquency). The City will cause judicial foreclosure proceedings to be commenced and
filed in the Superior Court not later than ninety (90) days of such determination against any
parcel for which a notice of delinquency was given pursuant to this section and for which the
Special Taxes remain delinquent.
Section 5.10 Further Assurances. The City will adopt, make, execute and deliver any
and all such further resolutions, instruments and assurances as may be reasonably necessary or
proper to carry out the intention or to facilitate the performance of this Agreement, and for the
better assuring and confirming unto the Owners of the rights and benefits provided in this
Agreement.
Section 5.11 Private Activity Bond Limitations. The City shall assure that the proceeds
of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of section
141(b) of the Code or the private loan financing test of section 141(c) of the Code.
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Section 5.12 Federal Guarantee Prohibition. The City shall not take any action or
permit or suffer any action to be taken if the result of the same would be to cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 5.13 Rebate Requirement. The City shall take any and all actions necessary to
assure compliance with section 148(0 of the Code, relating to the rebate of excess investment
earnings, if any, to the federal government, to the extent that such section is applicable to the
Bonds. Funds shall be transferred to a Rebate Fund, to be held by the Fiscal Agent, in
accordance with this Agreement.
If necessary, the City may use (i) earnings on amounts in the Reserve Fund if the amount
on deposit in the Reserve Fund, following the proposed transfer, is equal to the Reserve
Requirement, (ii) amounts on deposit in the Administrative Expense Fund, and (iii) any other
funds available to the CFD, including amounts advanced by the City, in its sole discretion, to be
repaid by the CFD in connection with the CFD as soon as practicable from amounts described in
the preceding clauses (i), (ii) and (iii), to satisfy its obligations under this Section 5.13. The
Director of Finance shall take note of any investment of monies hereunder in excess of the yield
on the Bonds, and shall take such actions as are necessary to ensure compliance with this Section
5.13, such as increasing the portion of the Special Tax levy for Administration Expenses as
appropriate to have funds available in the Administrative Expense Fund to satisfy any rebate
liability under this Section 5.13.
Section5.14 No Arbitrage. The City shall not take, or permit or suffer to be taken by
the Fiscal Agent or otherwise, any action with respect to the proceeds of the Bonds which, if
such action had been reasonably expected to have been taken, or had been deliberately and
intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be
"arbitrage bonds" within the meaning of section 148 of the Code.
Section 5.15 Yield of the Bonds. In determining the yield of the Bonds to comply with
Section 5.13 and 5.14 hereof, the City will take into account redemption (including premium, if
any) in advance of maturity based on the reasonable expectations of the City, as of the Closing
Date, regarding prepayments of Special Taxes and use of prepayments for redemption of the
Bonds, without regard to whether or not prepayments are received or Bonds redeemed.
Section 5.16 Maintenance of Tax-Exemption. The City shall take all actions necessary
to assure the exclusion of interest on the Bonds from the gross income of the Owners of the
Bonds to the same extent as such interest is permitted to be excluded from gross income under
the Code as in effect on the date of issuance of the Bonds.
Section 5.17 Continuing Disclosure to Owners.
(A) In addition to its obligations under Section 10.7, the City covenants and agrees
that it will comply with and carry out all of the provisions of that certain Continuing Disclosure
Agreement dated as of 1, 2005 between the City and the Fiscal Agent (the "Continuing
Disclosure Agreement"). Notwithstanding any other provision of this Agreement, failure of the
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City to comply with the Continuing Disclosure Agreement shall not be considered a breach of
the provisions of this Agreement; however, upon the written direction of the owners of at least
25% aggregate principal amount of the Bonds Outstanding, the Fiscal Agent shall, or any
Bondowner may, take such actions as may be necessary and appropriate, including seeking
mandate or specific performance by court order, to cause the City to comply with its obligations
under this Section.
The Director of Finance shall provide copies of any reports prepared pursuant to the
Continuing Disclosure Agreement to any Bondowner upon the written request of a Bondowner,
delivered to the Director of Finance accompanied by payment by the Person requesting the
information of the cost of the City to photocopy and pay any postage or other delivery cost to
provide the same, as determined by the Director of Finance.
(B) The City further agrees, in addition to the foregoing, to provide to any Bondowner
upon the written request of such Bondowner delivered to the Director of Finance accompanied
by payment by such Bondowner of the cost of the City to photocopy and pay any postage or
other delivery cost to provide the same, as determined by the Director of Finance, the following:
An annual report regarding the CFD which report shall include the amount of Special Taxes
levied on each County Assessor's Parcel of real property in the CFD in the preceding year, the
then delinquency status of Special Taxes with respect to each such parcel as known to the
Director of Finance, and a summary of any deposits to and/or withdrawals from the Special Tax
Fund and the Reserve Fund in the prior year.
(C) As used in this Section and Section 10.7, where the Bonds are held in book-entry
form, the term "Bondowner" shall be deemed to include any Beneficial Owner of Bonds who
provides to the Director of Finance a written request accompanied by payment of costs to
provide information, as described in Section 5.17(A) and (B) and the final paragraph of Section
10.7 countersigned by the relevant DTC participant acting on behalf of such Beneficial Owner or
such similar evidence of beneficial ownership reasonably satisfactory to the Director of Finance.
(D) None of the City and its officers, agents and employees, the Director of Finance,
the Original Purchaser or the Fiscal Agent shall be liable for any inadvertent error in reporting
the information required by this Section 5.17.
Section 5.18 Tender of Bonds. The City covenants that it will not adopt any policy
pursuant to Section 53341.1 of the Act permitting tender of Bonds in full payment or partial
payment of any Special Taxes unless it first receives a certificate of a Tax Consultant that
accepting such tender will not result in the CFD having insufficient Special Tax Revenues to pay
the principal of and interest on the Bonds when due.
Section 5.19 No Parity Bonds. The City will issue no additional bonds on a parity with
the Bonds; provided, that nothing contained herein shall limit the issuance of any Special Tax
Bonds of the CFD if(a) the rights and claims of such bonds to the Special Tax Revenues and the
funds and accounts established or described in this Agreement are in all respects subordinate to
the rights and claims of the Bonds, or (b) after the issuance and delivery of such Special Tax
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Bonds, none of the Bonds shall be Outstanding. Defeased Bonds, or Bonds in exchange for or in
lieu of which other bonds have been delivered, shall not be considered Outstanding.
ARTICLE VI
INVESTMENTS, DISPOSITION OF INVESTMENT PROCEEDS~ LIABILITY OF THE
CITY
Section 6.1 Deposit and Investment of Moneys in Funds. Moneys in the
Administrative Expense Fund shall be invested by the Director of Finance in Permitted
Investments, which will, by their terms, mature as close as practicable to the date the Director of
Finance estimates the moneys represented by the particular investment will be needed for
withdrawal from the Administrative Expense Fund. Except as otherwise specified herein,
moneys in the Special Tax Fund, the Bond Fund, the Project Fund, the Reserve Fund and the
Costs of Issuance Fund shall at the written direction of the CFD contained in an Officer's
Certificate given at least two (2) days prior, be invested and reinvested by the Fiscal Agent in
Permitted Investments (including investments with the Fiscal Agent or an affiliate of the Fiscal
Agent or investments for which the Fiscal Agent or an affiliate of the Fiscal Agent acts as
investment advisor or provides other services so long as the investments are Permitted
Investments). Moneys in the Redemption Fund and the Rebate Fund shall, as set forth in an
Officer's Certificate, be invested by the Fiscal Agent in Government Obligations. In the absence
of any such Officer's Certificate, the Fiscal Agent shall invest solely in Permitted Investments
described in paragraph 7 of the definition thereof. The Director of Finance shall make note of
any investment of funds hereunder in excess of the yield on the Bonds, so that appropriate
actions can be taken to assure compliance with Section 5.13.
The CFD acknowledges that to the extent regulations of the Comptroller of the Currency
or other applicable regulatory entity grant the CFD the fight to receive brokerage confirmations
of security transactions as they occur, the CFD specifically waives receipt of such confirmations
to the extent permitted by law. The Fiscal Agent will furnish the CFD periodic cash transaction
statements, which include detail for all investment transactions made by the Fiscal Agent
hereunder.
Obligations purchased as an investment of moneys in any fund shall be deemed to be part
of such fund or account. Any income realized on or losses resulting from investments in any
fund or account shall be credited or changed to such fund or account. Whenever in this
Agreement any moneys are required to be transferred by the City to the Fiscal Agent, such
transfer may be accomplished by transferring a like amount of Permitted Investments.
The Fiscal Agent and its affiliates or the Director of Finance may act as sponsor, advisor,
depository, principal or agent in the acquisition or disposition of any investment. The Fiscal
Agent shall not incur any liability for losses arising from any investments made pursuant to this
Section The Fiscal Agent shall not be required to determine the legality of any investments.
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Except as otherwise provided in the next sentence, all investments of amounts deposited
in any fund or account created by or pursuant to this Agreement, or otherwise containing gross
proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired,
disposed of, and valued (as of the date that valuation is required by this Agreement of the Code)
at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a
yield restriction under the applicable provisions of the Code and (unless valuation is undertaken
at least annually) investments in the Reserve Fund shall be valued at their present value (within
the meaning of section 148 of the Code). The Fiscal Agent shall not be liable for verification of
the application of such sections of the Code.
Investments in any and all funds and accounts may be commingled in a separate fund or
funds for purposes of making, holding and disposing of investments, notwithstanding provisions
herein for transfer to or holding in or to the credit of particular funds or accounts of amounts
received or held by the Fiscal Agent hereunder, provided that the Fiscal Agent shall at all times
account for such investments strictly in accordance with the funds and accounts to which they
are credited and otherwise as provided in this Agreement.
Subject to the restrictions set forth herein and/or any written investment instructions
received by Fiscal Agent pursuant to this Section 6.1, monies in said funds and accounts may be
from time to time invested by the Fiscal Agent in any manner so long as:
(1) Monies in the Project Fund shall be invested in obligations which will by their
terms mature as close as practicable to the date the CFD estimates the monies
represented by the particular investment will be needed for withdrawal from such
Fund; and
(2) Monies in the Special Tax Fund, the Bond Fund, the Redemption Fund and the
Reserve Fund shall be invested only in obligations which will by their terms
either mature or allow for withdrawals at par on such dates so as to ensure the
payment of principal and interest on the Bonds as the same become due; provided,
however, that except for investment agreements as described in paragraph 11 of
the definition of Permitted Investments which permit withdrawal at par,
investment of monies on deposit in the Reserve Fund shall have an average
aggregate weighted term not greater than five (5) years.
The Fiscal Agent or Director of Finance, as applicable shall sell at Fair Market Value, or
present for redemption, any investment security whenever it shall be necessary to provide
moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or
account to which such investment security is credited and neither the Fiscal Agent nor the
Director of Finance shall be liable or responsible for any loss resulting from the acquisition or
disposition of such investment security in accordance herewith.
Section 6.2 Liability of City. The City shall not incur any responsibility in respect of
the Bonds or this Agreement other than in connection with the duties or obligations explicitly
herein or in the Bonds assigned to or imposed upon it on behalf of the CFD. The City shall not
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be liable in connection with the performance of its duties hereunder, except for its own
negligence or willful default. The City shall not be bound to ascertain or inquire as to the
performance or observance of any of the terms, conditions covenants or agreements of the Fiscal
Agent herein or of any of the documents executed by the Fiscal Agent in connection with the
Bonds, or as to the existence ora default or event of default thereunder.
In the absence of gross negligence or bad faith, the City, including the Director of
Finance, may conclusively rely, as to the troth of the statements and the correctness of the
opinions expressed therein, upon certificates or opinions furnished to the City and conforming to
the requirements of this Agreement. The City, including the Director of Finance, shall not be
liable for any error of judgment made in good faith unless it shall be proved that it was negligent
in ascertaining the pertinent facts.
No provision of this Agreement shall require the City to expend or risk its own general
fimds or otherwise incur any financial liability (other than with respect to the Special Tax
Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of ils
fights or powers, if it shall have reasonable grounds for believing that repayment of such funds
or adequate indemnity against such risk or liability is not reasonably assured to it.
The City and the Director of Finance may rely and shall be protected in acting or
refraining from acting upon any notice, resolution, request, consent, order, certificate, report,
warrant, bond or other paper or document believed by it to be genuine and to have been signed or
presented by the proper party or proper parties. The City may consult with counsel, who may be
the City Attorney, with regard to legal questions, and the opinion of such counsel shall be full
and complete authorization and protection in respect of any action taken or suffered by it
hereunder in good faith and in accordance therewith.
Neither the City nor the CFD shall be bound to recognize any Person as the Owner of a
Bond unless and until such Bond is submitted for inspection, if required, and title thereto
satisfactory established, if disputed.
Whenever in the administration of its duties under this Agreement the City or the
Director of Finance shall deem it necessary or desirable that a matter be proved or established
prior to taking or suffering any action hereunder, such matter (unless other evidence in respect
thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of
the City, be deemed to be conclusively proved and established by a certificate of the Fiscal
Agent, an Independent Financial Consultant, an Appraiser or a Tax Consultant, as appropriate,
and such certificate shall be full warranty to the City and the Director of Finance for any action
taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon
the faith thereof, but in its discretion the City or the Director of Finance may, in lieu thereof,
accept other evidence of such matter or may require such additional evidence as to it may seem
reasonable.
Section 6.3 Employment of Agents by City. In order to perform its duties and
obligations hereunder, the City and/or the Director of Finance may employ such persons or
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entities as it deems necessary or advisable. The City shall not be liable for any of the acts or
omissions of such persons or entities employed by it in good faith hereunder, and shall be
entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations,
determinations and directions of such persons or entities.
ARTICLE VII
THE FISCAL AGENT
Section 7.1 Appointment of Fiscal Agent. Wells Fargo Bank, National Association, is
hereby appointed Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to
perform such duties, and only such duties, as are specifically set forth in this Agreement, and no
implied covenants or obligations shall be read into this Agreement against the Fiscal Agent.
Any company into which the Fiscal Agent may be merged or converted or with which it
may be consolidated or any company resulting from any merger, conversion or consolidation to
which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or
substantially all of its corporate trust business, provided such company shall be eligible under the
following paragraph of this Section, shall be the successor to such Fiscal Agent without the
execution or filing of any paper or any further act, anything herein to the contrary
notwithstanding.
Upon thirty (30) days prior written notice, the City may remove the Fiscal Agent initially
appointed, and any successor thereto, and may appoint a successor or successors thereto, but any
such successor shall be a bank or trust company having a combined capital (exclusive of
borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000), and subject to
supervision or examination by federal or state authority. If such bank or trust company publishes
a report of condition at least annually, pursuant to law or to the requirements of any supervising
or examining authority above referred to, then for the purposes of this Section 7.1, combined
capital and surplus of such bank or trust company shall be deemed to be its combined capital and
surplus as set forth in its most recent report of condition so published.
The Fiscal Agent may at any time resign by giving written notice to the City and by
giving to the Owners notice by mail of such resignation. Upon receiving notice of such
resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing.
Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of
appointment by the successor Fiscal Agent.
If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing
provisions of this Section within forty-five (45) days after the Fiscal Agent shall have given to
the City written notice of its resignation or after a vacancy in the office of the Fiscal Agent shall
have occurred by reason of its inability to act, the Fiscal Agent or any Owner may apply to any
court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon,
after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent.
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If, by reason of the judgment of any court, or regulatory agency, the Fiscal Agent is
rendered unable to perform its duties hereunder, all such duties and all of the rights and powers
of the Fiscal Agent hereunder shall be assumed by and vest in the Director of Finance of the City
in trust for the benefit of the Owners. The City covenants for the direct benefit of the Owners
that its Director of Finance in such case shall be vested with all of the rights and powers of the
Fiscal Agent hereunder, and shall assume all of the responsibilities and perform all of the duties
of the Fiscal Agent hereunder, in trust for the benefit of the Owners of the Bonds. In such event,
the Director of Finance may designate a successor Fiscal Agent qualified to act as Fiscal Agent
hereunder.
Section 7.2 Liability of Fiscal Agent. The recitals of facts, covenants and agreements
herein and in the Bonds contained shall be taken as statements, covenants and agreements of the
City, and the Fiscal Agent assumes no responsibility for the correctness of the same, or makes
any representations as to the validity or sufficiency of this Agreement or of the Bonds, or shall
incur any responsibility in respect thereof, other than in connection with the duties or obligations
herein or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable in
connection with the performance of its duties hereunder, except for its own negligence or willful
default. The Fiscal Agent assumes no responsibility or liability for any information, statement or
recital in any offering memorandum or other disclosure material prepared or distributed with
respect to the issuance of the Bonds.
In the absence of bad faith or gross negligence, the Fiscal Agent may conclusively rely,
as to the truth of the statements and the correctness of the opinions expressed therein, upon
certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this
Agreement; but in the case of any such certificates or opinions by which any provision hereof are
specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to
examine the same to determine whether or not they conform to the requirements of this
Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and
shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith,
reasonably and in accordance with the terms of this Agreement, upon any resolution, order,
notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document
which it shall in good faith reasonably believe to be genuine and to have been adopted or signed
by the proper Person or to have been prepared and furnished pursuant to any provision of this
Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or
inquiry as to any statements contained or matters referred to in any such instrument.
The Fiscal Agent shall not be liable for any error of judgment made in good faith unless it
shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts.
No provision of this Agreement shall require the Fiscal Agent to expend or risk its own
funds or otherwise incur any financial liability in the performance of any of its duties hereunder,
or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing
that repayment of such funds or adequate indemnity against such risk or liability is not
reasonably assured to it.
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The Fiscal Agent shall be under no obligation to exemise any of the rights or powers
vested in it by this Agreement at the request or direction of any of the Owners pursuant to this
Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or
indemnity against the costs, expenses and liabilities which might be incurred by it in compliance
with such request or direction.
The Fiscal Agent may become the Owner of the Bonds with the same rights it would
have if it were not the Fiscal Agent.
Section 7.3 Information. The Fiscal Agent shall provide to the City such information
relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the
City shall reasonably request, including but not limited to, quarterly statements reporting funds
held and transactions by the Fiscal Agent.
Section 7.4 Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected
in acting or refraining from acting upon any notice, resolution, request, consent, order,
certificate, report, warrant, Bond or other paper or document believed by it to he genuine and to
have been signed or presented by the proper party or proper parties. The Fiscal Agent may
consult with counsel, who may be cotmsel to the City, with regard to legal questions, and the
opinion of such counsel shall be full and complete authorization and protection in respect of any
action taken or suffered by it hereunder in good faith and in accordance therewith. The Fiscal
Agent shall not be bound to recognize any Person as the Owner of a Bond unless and until such
Bond is submitted for inspection, if required, and title thereto satisfactorily established, if
disputed.
Whenever in the administration of its duties under this Agreement the Fiscal Agent shall
deem it necessary or desirable that a matter he proved or established prior to taking or suffering
any action hereunder, such matter (unless other evidence in respect thereof be herein specifically
prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed
to be conclusively proved and established by an Officer's Certificate, and such certificate shall
be full warrant to the Fiscal Agent for any action taken or suffered under the provisions of this
Agreementor any Supplemental Agreement upon the faith thereof, but'in its discretion the Fiscal
Agent may, in lieu thereof, accept other evidence of such matter or may require such additional
evidence as to it may seem reasonable.
Section 7.5 Compensation; Indemnification. The City shall pay to the Fiscal Agent
from time to time reasonable compensation for all services rendered as Fiscal Agent under this
Agreement, and also all reasonable expenses, charges, counsel fees and other disbursements,
including those of their attorneys, agents and employees, incurred in and about the performance
of their powers and duties under this Agreement, but the Fiscal Agent shall not have a lien
therefor on any funds at any time held by it under this Agreement. The City further agrees, to
the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers,
employees, directors and agents harmless against any liabilities which it may incur in the
exercise and performance of its powers and duties hereunder which are not due to its negligence
or willful misconduct. The obligation of the City under this Section shall survive resignation or
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removal of the Fiscal Agent under this Agreement and payment of the Bonds and discharge of
this Agreement, but any monetary obligation of the City arising under this Section shall be
limited solely to amounts on deposit in the Administrative Expense Fund.
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ARTICLE VIII
MODIFICATION OR AMENDMENT OF THIS AGREEMENT
Section 8.1 Amendments Permitted. This Agreement and the fights and obligations of
the City and/or CFD and of the Owners of the Bonds may be modified or amended at any time
by a Supplemental Agreement pursuant to the affirmative vote at a meeting of Owners, or with
the written consent without a meeting, of the Owners of at least sixty percent (60%) in aggregate
principal amount of the Bonds then Outstanding, exclusive o£Bonds disqualified as provided in
Section 8.4. No such modification or amendment shall (i) extend the maturity of any Bond or
reduce the interest rate thereon, or otherwise alter or impair the obligation of the City to pay the
principal of, and the interest and any premium on, any Bond, without the express consent of the
Owner of such Bond, or (ii) permit the creation by the City of any pledge or lien upon the
Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the
Bonds (except as otherwise permitted by the Act, the laws of the State of California or this
Agreement), or reduce the percentage of Bonds required for the amendment hereof. Any such
amendment may not modify any of the rights or obligations of the Fiscal Agent without its
written consent.
This Agreement and the rights and obligations of the City and of the Owners may also be
modified or amended at any time by a Supplemental Agreement, without the consent of any
Owners, only to the extent permitted by law and only for any one or more of the following
purposes:
(A) to add to the covenants and agreements of the CFD or City in this Agreement
contained, other covenants and agreements thereafter to be observed, or to limit or surrender any
right or power herein reserved to or conferred upon the City or CFD;
(B) to make modifications not adversely affecting any outstanding series of Bonds of
the City or CFD in any material respect;
(C) to make such provisions for the purpose of curing any ambiguity, Or of curing,
correcting or supplementing any defective provision contained in this Agreement, or in regard to
questions arising under this Agreement, as the CFD or City and the Fiscal Agent may deem
necessary or desirable and not inconsistent with this Agreement, and which shall not adversely
affect the rights of the Owners of the Bonds; and
(D) to make such additions, deletions or modifications as may be necessary or
desirable to assure exemption from gross federal income taxation of interest on the Bonds.
Section 8~2 Owners' Meetings. The City on behalf of the CFD may at any time call a
meeting of the Owners. In such event the City is authorized to fix the time and place of said
meeting and to provide for the giving of notice thereof, and to fix and adopt rules and regulations
for the conduct of said meeting.
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Section 8.3 Procedure for Amendment with Written Consent of Owners. The City on
behalf of the CFD and the Fiscal Agent may at any time adopt a Supplemental Agreement
amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to
the extent that such amendment is permitted by Section 8.1, to take effect when and as provided
in this Section. A copy of such Supplemental Agreement, together with a request to Owners for
their consent thereto, shall be mailed by first class mail, by the Fiscal Agent to each Owner of
Bonds Outstanding, but failure to mail copies of such Supplemental Agreement and request shall
not affect the validity of the Supplemental Agreement when assented to as in this Section
provided.
Such Supplemental Agreement shall not become effective unless there shall be filed with
the Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate
principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in
Section 8.4) and a notice shall have been mailed as hereinafter in this Section provided each such
consent shall be effective only if accompanied by proof of ownership of the Bonds for which
such consent is given, which proof shall be such as is permitted by Section 10.4. Any such
consent shall be binding upon the Owner of the Bonds giving such consent and on any
subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such
consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing
such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section
provided for has been mailed.
After the Owners of the required pementage of Bonds shall have filed their consents to
the Supplemental Agreement, the City shall mail a notice to the Owners in the manner
hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in
substance that the Supplemental Agreement has been consented to by the Owners of the required
percentage of Bonds and will be effective as provided in this Section (but failure to mail copies
of said notice shall not affect the validity of the Supplemental Agreement or consents thereto).
Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of
the papers required by this Section 8.3 to be filed with the Fiscal Agent, shall be proof of the
matters therein stated until the contrary is proved. The Supplemental Agreement shall become
effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the
Supplemental Agreement shall be deemed conclusively binding (except as otherwise
hereinabove specifically provided in this Article) upon the CFD, City and the Owners of all
Bonds at the expiration of thirty (30) days after such filing, except in the event ora final decree
of a court of competent jurisdiction setting aside such consent in a legal action or equitable
proceeding for such purpose commenced within such thirty-day period.
Section 8.4 Disqualified Bonds. Bonds owned or held for the account of the CFD or
City, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose
of any vote, consent or other action or any calculation of Outstanding Bonds provided for in this
Article VIII, and shall not be entitled to vote upon, consent to, or take any other action provided
for in this Article VIII.
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Section 8.5 Effect of Supplemental Agreement. From and after the time any
Supplemental Agreement becomes effective pursuant to this Article VIII, this Agreement shall
be deemed to be modified and amended in accordance therewith, the respective rights, duties and
obligations under this Agreement of the City, CFD, and all Owners of Bonds Outstanding shall
thereafter be determined, exercised and enforced hereunder subject in all respects to such
modifications and amendments, and all the terms and conditions of any such Supplemental
Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and
all purposes.
Section 8.6 Endorsement or Replacement of Bonds Issued After Amendments. The
City or CFD may determine that Bonds issued and delivered after the effective date of any action
taken as provided in this Article VIII shall bear a notation, by endorsement or otherwise, in form
approved by the City or CFD, as to such action. In that case, upon demand of the Owner of any
Bond Outstanding at such effective date and presentation of his Bond for that purpose at the
Principal Office of the Fiscal Agent or at such other office as the City may select and designate
for that purpose, a suitable notation shall be made on such Bond. The City on behalf of the CFD
may determine that new Bonds, so modified as in the opinion of the City on behalf of the CFD is
necessary to conform to such Owner's action, shall be prepared, executed and delivered. In that
case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be
exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for Bonds then
Outstanding, upon surrender of such Bonds.
Section 8.7 Amendatory Endorsement of Bonds. The provisions of this Article VIII
shall not prevent any Owner from accepting any amendment as to the particular Bonds held by
him, provided that due notation thereof is made on such Bonds.
ARTICLE IX
EVENTS OF DEFAULT; REMEDIES
Section 9.1 Events of Defanlt. Any one or more of the following events shall
constitute an "event of default":
(A) Default in the due and punctual payment of the principal of or redemption
premium, if any, on any Bond when and as the same shall become due and payable, whether at
maturity as therein expressed, by declaration or otherwise;
(B) Default in the duc and punctual payment of the interest on any Bond when and as
the same shall become due and payable; or
(C) Default by the City or the CFD in the observance of any of the agreements,
conditions or covenants on its part in this Agreement or in the Bonds contained (other than a
payment default referred to in subparagraph (A) and (B) above), and the continuation of such
default for a period of 60 days after the City and the CFD shall have been given notice in writing
of such de£ault by the Fiscal Agent or by the Owners of 25% aggregate principal amount of
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Bonds Outstanding, provided that if within 60 days the City or the CFD, as applicable, has
commenced curing of the default and diligently pursues elimination thereof, such period shall be
extended to permit such default to be eliminated.
Section 9.2 Remedies of Owners. Following the occurrence of an event of default,
any Owner shall have the right for the equal benefit and protection of all Owners similarly
situated:
(A) By mandamus or other suit or proceeding at law or in equity to enfome his or her
rights against the City or the CFD and any of the members, officers and employees of the City or
the CFD, and to compel the City or CFD, as applicable, or any such members, officers or
employees to perform and carry out their duties under the Act and their agreements with the
Owners as provided in this Agreement;
(B) By suit in equity to enjoin any actions or things which are unlawful or violate the
rights of the Owners; or
(C) By a suit in equity to require the City or the CFD, as applicable, and its members,
officers and employees to account as the trustee of an express trust.
Nothing in this article or in any other provision of this Agreement, or in the Bonds, shall
affect or impair the obligation of the CFD, which is absolute and unconditional, to pay the
interest on and principal of the Bonds to the respective Owners of the Bonds at the respective
dates of maturity, as herein provided, out of the Special Tax Revenues pledged for such payment,
or affect or impair the right of action, which is also absolute and unconditional, of such Owners
to institute suit to enforce such payment by virtue of the contract embodied in the Bonds and in
this Agreement.
A waiver of any default or breach of duty or contract by any Owner shall not affect any
subsequent default or breach of duty or contract, or impair any rights or remedies on any such
subsequent default or breach. No delay or omission by any Owner to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a
waiver of any such default or an acquiescence therein, and every power and remedy conferred
upon the Owners by the Act or by this article may be enforced and exercised fi.om time to time
and as often as shall be deemed expedient by the Owners.
If any suit, action or proceeding to enforce any right or exercise any remedy is abandoned
or determined adversely to the Owners, the City, the CFD and the Owners shall be restored to
their former positions, rights and remedies as if such suit, action or proceeding had not been
brought or taken.
No remedy herein conferred upon or reserved to the Owners is intended to be exclusive
of any other remedy. Every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing, at law or in equity or by statute or
otherwise, and may be exercised without exhausting and without regard to any other remedy
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conferred by the Act or any other law. The Fiscal Agent shall not be obligated to take any action
on behalf of the Owners if the City or the CFD defaults under this Agreement.
Section 9.3 Application of Special Tax Revenues and Other Funds After Default. All
amounts received by the Fiscal Agent pursuant to any right given or action taken by the Owners
under the provisions of this Agreement shall be applied by the Fiscal Agent in the following
order upon presentation of the several Bonds, and the stamping thereon of the amount of the
payment if only partially paid, or upon the surrender thereof if fully paid -
First, to the payment of the costs and expenses of the Fiscal Agent, including reasonable
compensation to its agents, attorneys and counsel;
Second, to the payment of the whole amount of interest on and principal of the Bonds
then due and unpaid, with interest on overdue installments of principal and interest to the extent
permitted by law at the net effective rate of interest then borne by the Outstanding Bonds;
provided, however, that in the event such amounts shall be insufficient to pay in full the full
amount of such interest and principal, then such amounts shall be applied in the following order
of priority:
(i) to the payment of all installments of interest on the Bonds then due and
unpaid, on a pro rata basis in the event that the available amounts are insufficient to pay all such
interest in full,
(ii) to the payment of all installments of principal of the Bonds then due and
payable, on a pro rata basis in the event that the available amounts are insufficient to pay all such
principal in full, and
(iii) to the payment of interest on overdue installments of principal and interest
with respect to the Bonds, on a pro rata basis in the event that the available amounts are
insufficient to pay all such interest in full.
ARTICLE X
MISCELLANEOUS
Section 10.1 Benefits of Agreement Limited to Parties. Nothing in this Agreement,
expressed or implied, is intended to give to any Person other than the City, the CFD, the Fiscal
Agent and the Owners, any right, remedy, claim under or by reason of this Agreement. Any
covenants, stipulations, promises or agreements in this Agreement contained by and on behalf of
the City shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent.
Section 10.2 Successor is Deemed Included in All References to Predecessor.
Whenever in this Agreement or any Supplemental Agreement either the City or the Fiscal Agent
is named or referred to, such reference shall be deemed to include the successors or assigns
thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the
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City or the Fiscal Agent shall bind and inure to the benefit of the respective successors and
assigns thereof whether so expressed or not.
Section 10.3 Discharge of Agreement. The City shall have the option to pay and
discharge the entire indebtedness on all or any portion of the Bonds Outstanding in any one or
more of the following ways:
(A) by well and truly paying or causing to be paid the principal of, and interest
and any premium on, such Bonds Outstanding, as and when the same become due and
payable;
(B) by depositing with the Fiscal Agent, in trust, at or before maturity, money
which, together with the amounts then on deposit in the funds and accounts provided for
in Sections 4.4 and 4.5 is fully sufficient to pay such Bonds Outstanding, including all
principal, interest and redemption premiums; or
(C) by irrevocably depositing with the Fiscal Agent, in trust, cash and Federal
Securities in such amount as the City on behalf of the CFD shall determine as confirmed
by an independent certified public accountant will, together with the interest to accrue
thereon and moneys then on deposit in the fund and accounts provided for in Sections 4.4
and 4.5, be fully sufficient to pay and discharge the indebtedness on such Bonds
(including all principal, interest and redemption premiums) at or before their respective
maturity dates.
If the City shall have taken any of the actions specified in (A), (B) or (C) above, and if
such Bonds are to be redeemed prior to the maturity thereof notice of such redemption shall have
been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have
been made for the giving of such notice, then, at the election of the City, and notwithstanding
that any Bonds shall not have been surrendered for payment, the pledge of the Special Taxes and
other funds provided for in this Agreement and all other obligations of the City under this
Agreement with respect to such Bonds Outstanding shall cease and terminate. Notice of such
election shall be filed with the Fiscal Agent. Notwithstanding the foregoing, the obligation of
the City to pay or cause to be paid to the Owners of the Bonds not so surrendered and paid all
sums due thereon, all amounts owing to the Fiscal Agent pursuant to Section 7.5, and otherwise
to assure that no action is taken or failed to be taken if such action or failure adversely affects the
exclusion of interest on the Bonds from gross income for federal income tax purposes, shall
continue in any event.
Upon compliance by the City with the foregoing with respect to all Bonds Outstanding,
any funds held by the Fiscal Agent after payment of all fees and expenses of the Fiscal Agent,
which are not required for the purposes of the preceding paragraph, shall be paid over to the City
and any Special Taxes thereafter received by the City shall not be remitted to the Fiscal Agent
but shall be retained by the City to be used for any purpose permitted under the Act.
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Section 10.4 Execution of Documents and Proof of Ownership by Owners. Any
request, declaration or other instrument which this Agreement may require or permit to be
executed by Owners may be in one or more instruments of similar tenor, and shall be executed
by Owners in person or by their attorneys appointed in writing.
Except as otherwise herein expressly provided, the fact and date of the execution by any
Owner or his attorney of such request, declaration or other instrument, or of such writing
appointing such attorney, may be proved by the certificate of any notary public or other officer
authorized to take acknowledgments of deeds to be recorded in the state in which he purports to
act, that the Person signing such request, declaration or other instrument or writing
acknowledged to him the execution thereof, or by an affidavit of a witness of such execution,
duly sworn to before such notary public or other officer.
Except as otherwise herein expressly provided, the ownership of registered Bonds and the
amount, maturity, number and date of holding the same shall be proved by the registry books.
Any request, declaration or other instrument or writing of the Owner of any Bond shall
bind all future Owners of such Bond in respect of anything done or suffered to be done by the
City or the Fiscal Agent in good faith and in accordance therewith.
Section 10.5 Waiver of Personal Liability. No member, officer, agent or employee of
the City shall be individually or personally liable for the payment of the principal of, or interest
or any premium on, the Bonds; but nothing herein contained shall relieve any such member,
officer, agent or employee from the performance of any official duty provided by law.
Section 10.6 Notices to and Demands on City and Fiscal Agent. Any notice or demand
which by any provision of this Agreement is required or permitted to be given or served by the
Fiscal Agent to or on the City may be given or served by being deposited postage prepaid in a
post office letter box addressed (until another address is filed by the City with the Fiscal Agent)
as follows:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, Califomia 91730
Attention: Finance Director
Any notice or demand which by any provision of this Agreement is required or permitted
to be given or served by the City to or on the Fiscal Agent may be given or served by being
deposited postage prepaid in a post office letter box addressed (until another address is filed by
the Fiscal Agent with the City) as follows:
Wells Fargo Bank
707 Wilshire Boulevard, 17th Floor
Los Angeles, Califomia 90071
Attention: Corporate Trust Services
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Section 10.7 State Reporting Requirements. The following requirements shall apply to
the Bonds, in addition to those requirements under Section 5.17:
(A) Annual Reporting. Not later than October 30 of each calendar year, beginning
with the October 30 first succeeding the date of the Bonds, and in each calendar year thereafter
until the October 30 following the final maturity of the Bonds, the Director of Finance shall
cause the following information to be supplied to CDIAC and to the other entities specified in
Section 5.17(A): (i) the principal amount of the Bonds Outstanding; (ii) the balance in the
Reserve Fund; (iii) the balance in the Interest Account of the Bond Fund representing capitalized
interest; (iv) the number ofpareels in the CFD which are delinquent in the payment of Special
Taxes, the amount of each delinquency, the length of time delinquent and when foreclosure was
commenced for each delinquent parcel; (v) the balance in the Project Fund; and (vi) the assessed
value of all parcels in the CFD subject to the levy of the Special Taxes as shown in most recent
equalized roll. The annual reporting shall be made using such form or forms as may be
prescribed by CDIAC.
(B) Other Reporting. If at any time the Fiscal Agent fails to pay principal and interest
due on any scheduled payment date for the Bonds, or if funds are withdrawn from the Reserve
Fund to pay principal and interest on the Bonds beyond levels set by CDIAC, the Fiscal Agent
shall notify the Director of Finance of such failure or withdrawal in writing. The Director of
Finance shall notify CDIAC and the Original Pumhaser of such failure or withdrawal within 10
days of such failure or withdrawal.
(C) Amendment. The reporting requirements of this Section 10.7 shall be amended
from time to time, without action by the CFD, City or the Fiscal Agent, to reflect any
amendments to Section 53359.5(b) or Section 53359.5(c) of the Act.
(D) No Liability. None of the CFD, City and its officers, agents and employees, the
Director of Finance or the Fiscal Agent shall be liable for any inadvertent error in reporting the
information required by this Section 10.7.
The Director of Finance shall provide copies of any of such reports to any Bondowner
upon the written request of a Bondowner and payment by the Person requesting the information
of the cost of the City to photocopy and pay any postage or other delivery cost to provide the
same, as determined by the Director of Finance. The term "Bondowner" for purposes of this
Section 10.7 shall include any beneficial owner of the Bonds as described in Section 5.17(B).
Section 10.8 Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of
this Agreement shall for any reason be held illegal or unenforceable, such holding shall not affect
the validity of the remaining portions of this Agreement. The City hereby declares that it would
have adopted this Agreement and each and every other Section, paragraph, sentence, clause or
phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that
any one or more Sections, paragraphs, sentences, clauses, or phrases of this Agreement may be
held illegal, invalid or unenfomeable.
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Section 10.9 Unclaimed Moneys. Anything contained herein to the contrary
notwithstanding, any moneys held by the Fiscal Agent in trust for the payment and discharge of
the principal of, and the interest and any premium on, the Bonds which remains unclaimed for
two (2) years after the date when the payments of such principal, interest and premium have
become payable, if such moneys was held by the Fiscal Agent at such date, shall be repaid by the
Fiscal Agent to the City as its absolute property free from any trust, and the Fiscal Agent shall
thereupon be released and discharged with respect thereto and the Owners shall look only to the
City for the payment of the principal of, and interest and any premium on, such Bonds.
Section 10.10 Applicable Law. This Agreement shall be governed by and enforced in
accordance with the laws of the State of California applicable to contracts made and performed
in the State of California.
Section 10.11 Conflict with Act. In the event of a conflict between any provision of this
Agreement with any provision of the Act as in effect on the Closing Date, the provision of the
Act shall prevail over the conflicting provision of this Agreement.
Section 10.12 Conclusive Evidence of Regularity. Bonds issued pursuant to this
Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act
relative to their issuance and the levy of the Special Taxes.
Section 10.13 Payment on Business Day. In any case where the date of the maturity of
interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of
any Bonds or the date any action is to be taken pursuant to this Agreement is other than a
Business Day, the payment of interest or principal (and premium, if any) or the action need not
be made on such date but may be made on the next succeeding day which is a Business Day with
the same force and effect as if made on the date required and no interest shall accrue for the
period after such date.
Section 10.14 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
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IN WITNESS WHEREOF, the City caused this Agreement to be executed all as of
., 2003.
CITY OF RANCHO CUCAMONGA, for and on
behalf of City of Rancho Cucamonga Community
Facilities District No. 2000-03 (Rancho Summit)
By:.
Title:
WELLS FARGO BANK, NATIONAL
ASSOCIATION
By:
Authorized Officer
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EXHIBIT A
FORM OF BOND
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT)
2005 SPECIAL TAX BOND
INTEREST RATE MATURITY DATE BOND DATE CUSIP
September 1, __ ,2005
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
EXCEPT AS OTHERWISE PROVIDED IN SECTION 2.13 OF THE FISCAL AGENT
AGREEMENT DESCRIBED HEREIN, THIS GLOBAL CERTIFICATE MAY BE
TRANSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO ANOTHER NOMINEE OF
THE DEPOSITORY (AS DEFINED IN SAID FISCAL AGENT AGREEMENT) OR TO A
SUCCESSOR DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR DEPOSITORY
The City of Rancho Cucamonga (the "City") for and on behalf of City of Rancho
Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) (the "CFD"), for value
received, hereby promises to pay solely from the Special Taxes (as hereinafter defined) to be
collected in the CFD or amounts in the funds and accounts held under the Agreement (as
hereinafter defined), to the registered owner named above, or registered assigns, on the maturity
date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount
set forth above, and to pay interest on such principal amount from the Bond Date set forth above,
or from the most recent interest payment date to which interest has been paid or duly provided
for, semiannually on March I and September 1, commencing Mamh 1, 2006, at the interest rate
set forth above, until the principal amount hereof is paid or made available for payment. The
principal of this Bond is payable to the registered owner hereof in lawful money of the United
States of America upon presentation and surrender of this Bond at the Principal Office (as
Exhibit A
Page 1
defined in the Agreement referred to below) of Wells Fargo Bank, NA (the "Fiscal Agent).
Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each interest payment
date to the registered owner hereof as of the close of business on the 15th day of the month
preceding the month in which the interest payment date occurs (the "Record Date") at such
registered owner's address as it appears on the registration books maintained by the Fiscal
Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request
filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000
in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the
depository for the Bonds or to an account in the United States designated by such registered
owner in such written request, respectively.
This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of
$ designated "City of Rancho Cucamonga Community Facilities District No. 2000-
03 (Rancho Summit) 2005 Special Tax Bonds (the "Bonds") approved by the qualified electors
of the CFD on ,2005, pursuant to the Mello-Roos Community Facilities Act
of 1982, as amended, Sections 53311, et seq., of the California Government Code (the "Mello-
Roos Act") for the purpose of financing the construction of certain public facilities within the
CFD, and the financing of certain incidental expenses. The creation of the Bonds and the terms
and conditions thereof are provided for by a resolution adopted by the City Council of the City
on ., 2005 (the "Resolution"), and the Fiscal Agent Agreement, dated as of
September 1, 2005, between the City and the Fiscal Agent (the "Agreement") and this reference
incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of
this Bond assents to said terms and conditions. The Resolution is adopted and the Agreement is
entered into under and this Bond is issued under, and all are to be construed in accordance with,
the laws of the State of California.
Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal of and
interest on this Bond are payable solely from the annual special tax authorized under the Mello-
Roos Act to be collected within the CFD (the "Special Taxes") and certain funds held under the
Agreement.
Interest on this Bond shall be payable from the interest payment date next preceding the
date of authentication hereof, unless (i) it is authorized on an interest payment date, in which
event it shall bear interest for such interest payment date, or (ii) such date of authentication is
after a Record Date but on or prior to an interest payment date, in which event interest will be
payable from such interest payment date, or (iii) such date of authentication is prior to the first
Record Date, in which event interest will be payable from the Bond Date set forth above;
provided however, that if at the time of authentication of this Bond, interest is in default hereon,
this Bond shall bear interest from the interest payment date to which interest has previously been
paid or made available for payment hereon.
Any tax for the payment hereof shall be limited to the Special Taxes, except to the extent
that provision for payment has been made by the City of Rancho Cucamonga, as may be
permitted by law. The Bonds do not constitute obligations of the City of Rancho Cucamonga for
Exhibit A
Page 2
which said City is obligated to levy or pledge, or has levied or pledged, general or special
taxation other than described hereinabove.
The Bonds are subject to optional redemption prior to their stated maturity on any Interest
Payment Date, as a whole or in part, at the following redemption prices (expressed as
percentages of the principal amount of the Bonds to be redeemed), together with accrued interest
thereon to the date of redemption:
Redemption Date Redemption Price
March 1, 2006 through March 1, 2014 102%
September 1, 2014 and March 1, 2015 101%
September 1, 2015 and thereafter 100%
The Bonds shall be subject to redemption on any Interest Payment Date, prior to
maturity, as a whole or in part on a pro rata basis among maturities from amounts deposited to
the Redemption Fund representing Special Tax Prepayments. An Authorized Representative
shall deliver written instructions to the Fiscal Agent not less than 60 days prior to the redemption
date directing the Fiscal Agent to utilize the Special Tax Revenues transferred to the Redemption
Fund and the Interest Account of the Bond Fund pursuant to Section 4.6(C) to redeem Bonds
pursuant to this Section 2.3(A)(ii). Such mandatory redemption of the Bonds shall be at the
following redemption prices (expressed as percentages of the principal amount of the Bonds to
be redeemed), together with accrued interest thereon to the date of redemption:
Redemption Date Redemption Price
March 1, 2006 through March 1, 2014 102%
September 1, 2014 and March 1, 2015 101%
September 1, 2015 and thereafter 100%
The Bonds maturing on and after September 1, 20__ are subject to optional redemption
prior to their stated maturity on any interest payment date on or after September 1, 20~, as a
whole or in part, at a redemption price, together with accrued interest thereon to the date fixed
for redemption:
Redemption Dates Redemption Prices
For any redemption of any of the Bonds, notice of redemption with respect to the Bonds
to be redeemed shall be given to the registered owners thereof, in the manner, to the extent and
subject to the provisions of the Agreement. In the event of a redemption of less than all of the
Bonds, the Bonds shall be redeemed in inverse order of maturity and by lot within a maturity.
Exhibit A
Page 3
Each registration and transfer of registration of this Bond shall be entered by the Fiscal
Agent in books kept by it for this purpose and authenticated by its manual signature upon the
certificate of authentication endorsed hereon.
No transfer or exchange hereof shall be valid for any purpose unless made by the
registered owner, by execution of the form of assignment endorsed hereon, and authenticated as
herein provided, and the principal hereof, interest hereon and any redemption premium shall be
payable only to the registered owner or to such Owner's order. The Fiscal Agent shall require
the registered owner requesting transfer or exchange to pay any tax or other governmental charge
required to be paid with respect to such transfer or exchange. No transfer or exchange hereof
shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for
selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected
for redemption, or (iii) between a Record Date and the succeeding Interest Payment Date.
The Agreement and the rights and obligations of the CFD thereunder may be modified or
amended as set forth therein.
The Bonds are not general obligations of the CFD, but are limited obligations payable
solely from the revenues and funds pledged therefor under the Fiscal Agent Agreement. Neither
the faith and credit of the City or the State of California or any political subdivision thereof is
pledged to the payment of the Bonds.
This Bond shall not become valid or obligatory for any purpose until the certificate of a
authentication and registration hereon endorsed shall have been dated and signed by the Fiscal
Agent.
Unless this certificate is presented by an authorized representative of The Depository
Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and
any certificate issued is registered in the name of Cede & Co. or such other name as requested by
an authorized representative of The Depository Trust Company and any payment is made to
Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof,
Cede & Co., has an interest herein.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and
things required by law to exist, happen and be performed precedent to and in the issuance of this
Bond have existed, happened and been performed in due time, form and manner as required by
law, and that the amount of this Bond does not exceed any debt limit prescribed by the laws or
Constitution of the State of California.
IN WITNESS WHEREOF, City of Rancho Cucamonga has caused this Bond to be dated
the Bond Date set forth above, to he signed by the facsimile signature of its Mayor and
countersigned by the facsimile signature of its City Clerk.
Exhibit A
Page 4
CITY OF RANCHO CUCAMONGA
[SEAL]
Mayor
ATTEST
City Clerk
Exhibit A
Page 5
FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the Resolution and in the Agreement which has
been authenticated on
Fiscal Agent
By:
Authorized Officer
Exhibit A
Page 6
EXHIBIT B
FORM OF ESCROW BOND
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT)
2005 SPECIAL TAX BOND
THIS IS AN ESCROW BOND AS DEFINED IN THE FISCAL AGENT AGREEMENT
AND IS SUBJECT TO MANDATORY REDEMPTION FROM FUNDS TRANSFERRED
FROM THE ESCROW FUND PURSUANT TO THE PROVISIONS OF THE FISCAL
AGENT AGREEMENT
INTEREST RATE MATURITY DATE BOND DATE CUSIP
September 1, __ ,2005
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
EXCEPT AS OTHERWISE PROVIDED IN SECTION 2.13 OF THE FISCAL AGENT
AGREEMENT DESCRIBED HEREIN, THIS GLOBAL CERTIFICATE MAY BE
TRANSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO ANOTHER NOMINEE OF
THE DEPOSITORY (AS DEFINED IN SAID FISCAL AGENT AGREEMENT) OR TO A
SUCCESSOR DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR DEPOSITORY
The City of Rancho Cucamonga (the "City") for and on behalf of City of Rancho
Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) (the "CFD"), for value
received, hereby promises to pay solely from the Special Taxes (as hereinafter defined) to be
collected in the CFD or amounts in the funds and accounts held under the Agreement (as
hereinafter defined), to the registered owner named above, or registered assigns, on the maturity
date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount
set forth above, and to pay interest on such principal amount from the Bond Date set forth above,
or from the most recent interest payment date to which interest has been paid or duly provided
Exhibit B
Page 1
for, semiannually on March 1 and September 1, commencing March 1, 2006, at the interest rate
set forth above, until the principal amount hereof is paid or made available for payment. The
principal of this Bond is payable to the registered owner hereof in lawful money of the United
States of America upon presentation and surrender of this Bond at the Principal Office (as
defined in the Agreement referred to below) of Wells Fargo Bank, NA (the "Fiscal Agent).
Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each interest payment
date to the registered owner hereof as of the close of business on the 15th day of the month
preceding the month in which the interest payment date occurs (the "Record Date") at such
registered owner's address as it appears on the registration books maintained by the Fiscal
Agent, or (i) if the Bonds are in book-entry-only form, or (ii) othe~vise upon written request
filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000
in aggregate principal amount of Bonds, by wire transfer in immediately available ftmds to the
depository for the Bonds or to an account in the United States designated by such registered
owner in such written request, respectively.
This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of
$ designated "City of Rancho Cucamonga Community Facilities District No. 2000-
03 (Rancho Summit) 2005 Special Tax Bonds (the "Bonds") approved by the qualified electors
of the CFD on ,2005, pursuant to the Mello-Roos Community Facilities Act
of 1982, as amended, Sections 53311, et seq., of the California Government Code (the "Mello-
Roos Act") for the purpose of financing the construction of certain public facilities within the
CFD, and the financing of certain incidental expenses. The creation of the Bonds and the terms
and conditions thereof are provided for by a resolution adopted by the City Council of the City
on ,2005 (the "Resolution"), and the Fiscal Agent Agreement, dated as of
September 1, 2005, between the City and the Fiscal Agent (the "Agreement") and this reference
incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of
this Bond assents to said terms and conditions. The Resolution is adopted and the Agreement is
entered into under and this Bond is issued under, and all are to be construed in accordance with,
the laws of the State of Califomia.
Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal of and
interest on this Bond are payable solely from the annual special tax authorized under the Mello-
Roos Act to be collected within the CFD (the "Special Taxes") and certain funds held under the
Agreement.
Interest on this Bond shall be payable from the interest payment date next preceding the
date of authentication hereof, unless (i) it is authorized on an interest payment date, in which
event it shall bear interest for such interest payment date, or (ii) such date of authentication is
after a Record Date but on or prior to an interest payment date, in which event interest will be
payable from such interest payment date, or (iii) such date of authentication is prior to the first
Record Date, in which event interest will be payable from the Bond Date set forth above;
provided however, that if at the time of authentication of this Bond, interest is in default hereon,
this Bond shall bear interest from the interest payment date to which interest has previously been
paid or made available for payment hereon.
Exhibit B
Page 2
Any tax for the payment hereof shall be limited to the Special Taxes, except to the extent
that provision for payment has been made by the City of Rancho Cucamonga, as may be
permitted by law. The Bonds do not constitute obligations of the City of Rancho Cucamonga for
which said City is obligated to levy or pledge, or has levied or pledged, general or special
taxation other than described hereinabove.
The Escrow Bonds are subject to optional redemption prior to their stated maturity on any
Interest Payment Date occurring following the release of the moneys on deposit in the Escrow
Fund and the transfer of such moneys to the Project Fund and the Reserve Fund pursuant to the
Indenture, as a whole or in part, at the following redemption prices (expressed as percentages of
the principal amount of the Bonds to be redeemed), together with accrued interest thereon to the
date of redemption:
Redemption Date Redemption Price
March 1, 2006 through March 1, 2014 102%
September 1, 2014 and March 1, 2015 101%
September 1,2015 and thereafter 100%
The Bonds shall be subject to redemption on any Interest Payment Date, prior to
maturity, as a whole or in part on a pro rata basis among maturities from amounts deposited to
the Redemption Fund representing Special Tax Prepayments. An Authorized Representative
shall deliver written instructions to the Fiscal Agent not less than 60 days prior to the redemption
date directing the Fiscal Agent to utilize the Special Tax Revenues transferred to the Redemption
Fund and the Interest Account of the Bond Fund pursuant to Section 4.6(C) to redeem Bonds
pursuant to this Section 2.3(A)(ii). Such mandatory redemption of the Bonds shall be at the
following redemption prices (expressed as percentages of the principal amount of the Bonds to
be redeemed), together with accrued interest thereon to the date of redemption:
Redemption Date Redemption Price
March 1, 2006 through March 1, 2014 102%
September 1, 2014 and March 1, 2015 101%
September 1, 2015 and thereafter 100%
The Escrow Bonds, including this Bond, are subject to extraordinary mandatory
redemption on September 1, 2007, September l, 2008 or September 1, 2009 from ftmds
transferred from the Escrow Fund to the Redemption Fund pursuant to the provisions of the
Indenture at a redemption price equal to 102% of the principal amount thereof, together with
accrued interest thereon to the date of redemption.
The Escrow Term Bonds are subject to mandatory sinking fired payment redemption in
part on September 1, 20~ and on each September 1 thereafter to maturity, by lot, at a
redemption price equal to the principal amount thereof to be redeemed, together with accrued
Exhibit B
Page 3
interest to the date fixed for redemption, without premium, from sinking fund payments as
follows:
Redemption Date
(September 1) Sinking Fund Payments
For any redemption of any of the Bonds, notice of redemption with respect to the Bonds
to be redeemed shall be given to the registered owners thereof, in the manner, to the extent and
subject to the provisions of the Agreement. In the event of a redemption of less than all of the
Bonds, the Bonds shall be redeemed in inverse order of maturity and by lot within a maturity.
Each registration and transfer of registration of this Bond shall be entered by the Fiscal
Agent in books kept by it for this purpose and authenticated by its manual signature upon the
certificate of authentication endorsed hereon.
No transfer or exchange hereof shall be valid for any purpose unless made by the
registered owner, by execution of the form of assignment endorsed hereon, and authenticated as
herein provided, and the principal hereof, interest hereon and any redemption premium shall be
payable only to the registered owner or to such Owner's order. The Fiscal Agent shall require
the registered owner requesting transfer or exchange to pay any tax or other governmental charge
required to be paid with respect to such transfer or exchange. No transfer or exchange hereof
shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for
selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected
for redemption, or (iii) between a Record Date and the succeeding Interest Payment Date.
The Agreement and the rights and obligations of the CFD thereunder may be modified or
amended as set forth therein.
The Bonds are not general obligations of the CFD, but are limited obligations payable
solely from the revenues and funds pledged therefor under the Fiscal Agent Agreement. Neither
the faith and credit of the City or the State of California or any political subdivision thereof is
pledged to the payment of the Bonds.
This Bond shall not become valid or obligatory for any purpose until the certificate of a
authentication and registration hereon endorsed shall have been dated and signed by the Fiscal
Agent.
Unless this certificate is presented by an authorized representative of The Depository
Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and
any certificate issued is registered in the name of Cede & Co. or such other name as requested by
an authorized representative of The Depository Trust Company and any payment is made to
Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR
Exhibit B
Page 4
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof,
Cede & Co., has an interest herein.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and
things required by law to exist, happen and be performed precedent to and in the issuance of this
Bond have existed, happened and been performed in due time, form and manner as required by
law, and that the amount of this Bond does not exceed any debt limit prescribed by the laws or
Constitution of the State of California.
IN WITNESS WHEREOF, City of Rancho Cucamonga has caused this Bond to be dated
the Bond Date set forth above, to be signed by the facsimile signature of its Mayor and
countersigned by the facsimile signature of its City Clerk.
CITY OF RANCHO CUCAMONGA
[S E AL]
Mayor
ATTEST
City Clerk
Exhibit B
Page 5
FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the Resolution and in the Agreement which has
been authenticated on
Fiscal Agent
By:
Authorized Officer
Exhibit B
Page 6
ASSIGNMENT
For value received the undersigned hereby sells, assigns and transfers unto
(Nan~e, Address and Tax Identification or Social Security Number of Assignee)
the within-registered Bond and hereby irrevocably constitute(s) and appoints(s)
attorney, to
transfer the same on the registration books of thc Fiscal Agent with full power of substitution in
the premises.
Dated:
Signature Guaranteed:
Note: Signature(s) must be guaranteed by an elig/ble Note: The signature(s) on this Assignment must
guarantor, correspond with the name(s) as written on the face of
the within Bond in every particular without alteration or
enlargement or any change whatsoever
Exhibit B
Page 7
EXHIBIT C
FORM OF REQUEST FOR DISBURSEMENT -
OFFICER'S CERTIFICATE
with reference to
City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summit)
2004 Special Tax Bonds
Date:
To Wells Fargo Bank, National Association:
This Officer's Certificate is issued to you pursuant to the Fiscal Agent Agreement dated as of
September 1, 2005, by and between the City of Rancho Cucamonga and you, as fiscal agent,
with respect to the above-referenced issue (the "Fiscal Agent Agreement"). Except where the
context requires otherwise, all capitalized terms shall have the meanings ascribed to them in the
Fiscal Agent Agreement.
Pursuant to Section 4.2(C) of the Fiscal Agent Agreement, you are instructed to disburse
$ from the Project Fund.
This Disbursement shall be made to: . The
purpose of this disbursement is: , and
the disbursement is a proper expenditure from each of the accounts show above.
The undersigned certifies that no portion of the amount being requested to be disbursed has been
set forth in any prior certificate requesting disbursement.
CITY OF RANCHO CUCAMONGA COMMUNITY
FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT)
By:
Authorized Officer
Exhibit C
Page 1
BOND PURCHASE AGREEMENT
City Of Rancho Cucamonga
Community Facilities District No. 2000-03
(Rancho Summit)
2005 Special Tax Bonds
September ,2005
City of Rancho Cucamonga
Community Facilities District No. 2000-03
(Rancho Summit)
c/o City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Ladies and Gentlemen:
Stone & Youngberg LLC (the "Underwriter") offers to enter into this Bond Purchase Agreement
(this "Purchase Agreement") with the City of Rancho Cucamonga (the "City"), for itself and on behalf of
the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) (the
"District") which will be binding upon the City and the Underwriter upon the acceptance hereof by the
City. Upon your acceptance of this offer, this Purchase Agreement will be binding upon the City and the
Underwriter. This offer is made subject to its acceptance by the City by execution of this Purchase
Agreement and its delivery to the Underwriter on or before 5:00 p.m., California time, on the date hereof.
Terms not otherwise defined herein shall have the same meanings as set forth in the Fiscal Agent
Agreement described below.
Section 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the
representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to
purchase from the City for offering to the public, and the City, for itself and on behalf of the District,
hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the City of Rancho
Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds (the
"Bonds"). The purchase price for the Bonds is $ (representing the aggregate principal
amount of the Bonds of $ less an underwriter's discount of $ [and an original
issue discount of $ ]). The Bonds will mature on the dates and in the amounts, and bear
interest at the rates, and be subject to mandatory redemption as set forth in Appendix A attached hereto.
Section 2. Description of the Bonds. The Bonds will be issued pursuant to the following:
· the Mello-Roos Community Facilities Act of 1982 (constituting Sections 53311
et seq. of the California Government Code) (the "Act"),
· a resolution adopted on September 7, 2005 (the "Resolution of Issuance") by the
City Council of the City, acting as the legislative body of the District, and
· a Fiscal Agent Agreement dated as of September 1, 2005 (the "Fiscal Agent
Agreement"), by and between the City and Wells Fargo Bank, National Association, as fiscal
agent (the "Fiscal Agent").
The Bonds will mature on the dates end in the principal amounts, and will bear interest at the
rates, as set forth in Appendix A hereto, and will be as described in the Fiscal Agent Agreement and the
Official Statement dated the date hereof relating to the Bonds (together with all appendices, amendments
and supplements thereto, the "Official Statement").
The City shall apply the proceeds of the Bonds to finance the purchase of the Facilities described
in the Official Statement.
Section 3. Public Offering. The Underwriter agrees to make a bona fide public offering of
all the Bonds initially at the public offering prices (or yields) set forth on the cover of the Official
Statement. Subsequent to the initial public offering, the Underwriter reserves the right to change the
public offering prices (or yields) as it deems necessary in Connection with the marketing of the Bonds,
provided that the Underwriter shall not chenge the interest rates set forth on the cover of the Official
Statement. The Bonds may be offered and sold to certain dealers at prices lower than such initial public
offering prices.
Section 4. Official Statement; Continuing Disclosure. The City has delivered or caused
to be delivered to the Underwriter prior to the execution of this Purchase Agreement or the first offering
of the Bonds, whichever first occurs, copies of the Preliminary Official Statement. Such Preliminary
Official Statement is the official statement deemed final by the City for purposes of Rule 15c2-12 under
the Securities Exchange Act of 1934 (the "Rule") and approved for distribution by resolution of the City.
The City shall have executed and delivered to the Underwriter a certification to such effect in the form
attached as Appendix B.
Within 7 business days after the date of this Purchase Agreement, the City shall deliver to the
Underwriter a final Official Statement, executed on behalf of the City by an authorized representative of
the City and dated the date hereof, which shall include information permitted to be omitted by paragraph
(b)(1) of the Rule and with such other amendments or supplements as shall have been approved by the
City and the Underwriter.
The City, for itself and on behalf of the District, will undertake, pursuant to the Fiscal Agent
Agreement and a Continuing Disclosure Agreement (the "Continuing Disclosure Agreement"), to provide
certain annual financial information and notices of the occurrence of certain events, if material. A
description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth
in the final Official Statement.
Section 5. The Closing. At 8:00 a.m., California time, on October ,2005, or at such
other time or on such earlier or later business day as are mutually agreed upon by the City and the
Underwriter, the City will deliver (i) the Bonds in definitive form to the Underwriter at The Depository
Trust Company in New York, New York, or such other location as may be specified by the Underwriter,
with CUSIP identification numbers printed thereon, in fully registered form and registered in the name of
Cede & Co., and (ii) the closing documents hereinafter mentioned at the offices of Best Best & Krieger
LLP, San Diego, California or another place to be mutually agreed upon by the City and the Underwriter.
The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section
I hereof by federal funds wire payable to the order of the Fiscal Agent on behalf of the City. This
payment and delivery, together with the delivery of the aforementioned documents, is herein called the
"Closing." The Bonds will be delivered in such denominations and deposited in the account or accounts
specified by the Underwriter pursuant to written notice not later then five business days prior to Closing.
The Bonds will be made available to The Depository Trust Company for inspection not less than 24 hours
prior to the Closing.
Section 6. Representations, Warranties and Covenants. The City, for itself and on
behalf of the District represents, warrants and covenants to the Unde~a-iter that:
(a) Due Organization~ Existence and Authority. The City, is a duly organized
municipal corporation and existing under the laws of the State of California, with full right,
power and authority to execute, deliver and perform its obligations under this Purchase
Agreement, the Fiscal Agant Agreement and the Continuing Disclosure Agreement (together, the
"City Documents") and to issue the Bonds and otherwise carry out and consummate the
transactions contemplated by the City Documents and the Official Statement.
(b) Duc Authorization and Approval. By all necessary official action, the City
Council, as legislative body of the District, has:
(i) held a public hearing and adopted resolutions (collectively with the
Resolution of Issuance the "City Resolutions") forming the District, authorizing the levy
of the Special Taxes and the incurrence of bonded indebtedness by the District;
(ii) called, held and conducted an election within the District to approve the
levy of the Special Taxes on parcels of property within the District and the issuance of
the Bonds;
(iii) adopted the Resolution of Issuance and approved and authorized the
execution and delivery of the Bonds, the Fiscal Agent Agreement, this Purchase
Agreement, the Official Statement and the Disclosure Agreement (as hereinafter
defined); and
(iv) authorized and approved the performance by the City and the District of
their obligations contained in, and the taking of any and all action on their part as may be
necessary to carry out, give effect to and consummate the transactions on the part of the
City and/or the District contemplated by each of said documents; and at the Closing Date,
the Bonds, the Resolution of Issuance, the Fiscal Agent Agreement, this Purchase
Agreement, the Continuing Disclosure Agreement and any other applicable documents
will constitute with their respective terms, subject to bankruptcy, insolvency,
reorganization, moratorium, fraudulent conveyance or transfer and other laws affecting
the enforcement of creditors' rights generally and to the application of equitable
principles and the exercise of judicial discretion in appropriate cases.
As of the date hereof, such authorizations and approvals are in full force and effect and have not
been amended, modified or rescinded.
(c) Official Statement Accurate and Complete. The Preliminary Official Statement
was as of its date, and the final Official Statement is, and at all times subsequent to the date of the
final Official Statement up to and including the Closing will be, true and correct in all material
respects, and the Preliminary Official Statement and the final Official Statement contain, and up
to and including the Closing will contain, no misstatement of any material fact and do not, and up
to and including the Closing will not, omit any statement necessary to make the statements
contained therein, in the light of the circumstances in which such statements were made, not
misleading.
(d) Underwriter's Consent to Amendments and Supplements to Official Statement.
The City will advise the Underwriter promptly of any proposal to amend or supplement the
Official Statement and will not effect or consent to any such amendment or supplement without
the consent of the Underwriter, which consent will not be unreasonably withheld. The City will
advise the Underwriter promptly of the institution of any proceedings known to it by any
governmental authority prohibiting or otherwise affecting the use of the Official Statement in
connection with the offering, sale or distribution of the Bonds.
If, at any time prior to the earlier of (i) receipt of notice from the Underwriter that the
Official Statement is no longer required to be delivered uflder Rule 15c2-12 or (ii)the Closing
Date (as described in Section 5 above), any event known to the officers of the City participating
in the issuance of the Bonds occurs with respect to the District or the City as a result of which the
final Official Statement as then amended or supplemented might include an untrue statement of a
material fact, or omit to state any material fact necessary to make the statements therein, in light
of the circumstances under which they were made, not misleading, the District shall promptly
notify the Underwriter in writing of such event. Any information supplied by the City for
inclusion in any amendments or supplements to the final Official Statement will not contain any
untrue or misleading statement of a material fact relating to the District or the City or omit to state
any material fact relating to the District or the City necessary to make the statements therein, in
the light of the circumstances under which they were made, not misleading.
(e) No Breach or Default. As of the time of acceptance hereof and as of the time of
the Closing, except as otherwise disclosed in the Official Statement, the District and the City is
not and will not be in breach of or in default under any applicable constitutional provision, law or
administrative rule or regulation of the State of California or the United States, or any applicable
judgment or decree or any Fiscal Agent Agreement, loan agreement, bond, note, resolution,
ordinance, agreement or other instrument to which the District and the City is a party or is
otherwise subject, and no event has occurred and is continuing which, with the passage of time or
the giving of notice, or both, would constitute a default or event of default under any such
instrument.
As of the time of acceptance hereof and as of the time of the Closing, except as disclosed
in the Official Statement, the authorization, execution and delivery of the City Documents and
compliance with the provisions of each of such agreements or instruments do not and will not
conflict with or constitute a breach of or default under any applicable constitutional provision,
law or administrative rule or regulation of the State of California or the United States, or any
applicable judgment, decree, license, perlfftt, fiscal agent agreement, loan agreement, bond, note,
resolution, ordinance, agreement or other instrument to which the City (or any of its officers in
their respective capacities as such) is subject, or by which it or any of its properties is bound, nor
will any such authorization, execution, delivery or compliance result in the creation or imposition
of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any
of its assets or properties or under the terms of any such law, regulation or instrument, except as
may be provided by the City Documents.
The City, acting as the administrator for and on behalf of certain other community
facilities districts, has on two occasions not met the continuing disclosure requirements on a
timely basis. In each instance the City failed to timely file reports on behalf of these community
facilities districts, due on February 1, 2001 for the Community Facilities District No. 2000-01
(South Etiwanda) Special Tax Bonds, Series 2000 and for the Community Facilities District No.
2000-02 (Rancho Cucamonga Corporate Park) Special Tax bonds, Series 2001. Such reports
were subsequently filed on June 12, 2001. It should be noted that these bond issues closed in
December 2000 and the information that was contained in the annual reports filed on June 12,
2001 was identical to the information contained in the official statements relating to these bond
issues distributed to the purchasers of the Bonds.
(f) No Litigation. As of the time of acceptance hereof and the Closing, except as
may be disclosed in the Official Statement, no action, suit, proceeding, inquiry or investigation, at
law or in equity, before or by any court, government authority, public board or body, pending or
threatened (i) in any way questioning the corporate existence of the District or the City, or the
titles of the officers of the District or the City to their respective offices; (ii) affecting, contesting
or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the
payment or collection of any amounts pledged or to be pledged to pay the principal of and interest
on the Bonds, or in any way contesting or affecting the validity of the Bonds or City Documents
or the consummation of the transactions contemplated thereby, or contesting the exclusion of the
interest on the Bonds from taxation or contesting the powers of the District and either of their
authority to pledge the revenues securing the Bonds; (iii) which may result in any material
adverse change relating to the District or the City; or (iv) contesting the completeness or accuracy
of the Preliminary Official Statement or the final Official Statement or any supplement or
amendment thereto or asserting that the Preliminary Official Statement or the final Official
Statement contained any untrue statement of a material fact or omitted to state any material fact
required to be stated therein or necessary to make the statements therein, in the light of the
cimumstances under which they were made, not misleading, and there is no basis for any action,
suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of this
sentence.
(g) Compliance with Local Goals and Policies. The issuance of the Bonds by the
District conforms with the "Statement of Goals and Policies for the Use of the Mello-Roos
Community Facilities Act of 1982" as amended and restated by the City on July 21, 1999.
(h) Blue Sky Laws. The District shall cooperate with the Underwriter in endeavoring
to qualify the Bonds for offering and sale under the securities or blue sky laws of such
jurisdictions of the United States as the Underwriter may request; provided, however, that the
City shall not be required to execute a special or general consent to service of process in any
jurisdiction in which it is not now so subject or to qualify to do business in any jurisdiction where
it is not now so qualified.
(i) Neither the District nor the City shall take or omit to take, as appropriate,
any action that would cause the interest on the Bonds to be subject to California personal
income taxation or affect the exclusion of interest on the Bonds from gross income for
federal income tax purposes.
Section 7. Closing Conditions. The Underwriter has entered into this Purchase Agreement
in reliance upon the representations, warranties and covenants herein and the performance by the District
of its obligations hereunder, both as of the date hereof and as of the date of the Closing. The
Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds are subject to
the following additional conditions:
(a) Bring-Down Representation. The representations, warranties and covenants of
the City contained in this Purchase Agreement must be tree, complete and correct at the date
hereof and at the time of the Closing, as if made on the date of the Closing.
(b) Effectiveness of City Documents, Official Statement and City Resolutions. At
the time of the Closing:
(i) the City Documents must be in full fome and effect, and neither the City
Documents nor the Official Statement may have been amended, modified or
supplemented except with the written consent of the Underwriter, and
(ii) there shall be in full force and effect such resolutions as, in the opinion
· of Bond Counsel, shall be necessary in connection with the transactions contemplated by
this Purchase Agreement, the Official Statement and the City Documents.
(c) Closing Documents. At or prior to the Closing, the Underwriter shall receive
each of the documents identified in Section 8.
Section 8. Closing Documents. In addition to the other conditions to the Underwriter's
obligations under this Purchase Agreement to purchase and pay for the Bonds, at or before the Closing the
Underwriter shall receive each of the following documents, provided that the actual payment for the
Bonds by the Underwriter and the acceptance of delivery thereof shall be conclusive evidence that the
requirements of this Section 8 shall have been satisfied or waived by the Underwriter.
(a) Bond Opinion and Reliance Letter. An approving opinion of Bond Counsel
dated the date of the Closing and substantially in the form appended to the Official Statement,
together with a letter from such counsel, dated the date of the Closing and addressed to the
Underwriter, to the effect that the foregoing opinion addressed to the City may be relied upon by
the Underwriter to the same extent as if such opinion were addressed to them.
(b) Supplemental Opinion. A supplemental opinion or opinions of Bond Counsel
addressed to the Underwriter, in form and substance acceptable to the Underwriter, and dated the
date of the Closing substantially to the following effect:
(i) The City Documents, the Bonds and the Official Statement have been
duly authorized, executed and delivered by the City, and the City Documents and the
Bonds constitute the valid, legal and binding agreements of the District, enforceable in
accordance with their respective terms.
(ii) The statements contained in the Official Statement (including the cover
page and the Appendices thereto) that pmport to summarize certain provisions of the
Bonds, the Fiscal Agent Agreement, the City Resolutions and the City Documents, the
approving opinion of Bond Counsel or federal tax law, are accurate; provided that Bond
Counsel need not express any opinion with respect to any financial or statistical
information contained in the Official Statement.
(iii) The Bonds are exempt from registration under the Securities Act of
1933, as amended, and the Fiscal Agent Agreement are exempt from qualification
pursuant to the Trust Fiscal Agent Agreement Act of 1939, as amended.
(iv) The District is a community facilities district duly organized and validly
existing under the laws of the State of Califomia, including the Act.
(c) District Counsel Opinion. An opinion of Richards, Watson & Gershon, counsel
to the City, dated the date of the Closing and addressed to the Underwriter, in form and substance
acceptable to Bond Counsel substantially to the following effect:
(i) The City is a municipal corporation duly organized and existing under
the laws of the State of California.
(ii) The City is duly authorized to approve and execute the City Resolutionss
and City Documents.
(iii) The individuals executing the City Documents and Official Statement on
behalf of the City are officers of the City holding the offices set forth after their
respective signatures, and are lawfully authorized to execute and deliver such documents
on behalf of the City.
(iv) The City Resolutions and City Documents have been duly adopted by the
District, and are in full force and effect and has not been modified, amended or rescinded.
(v) Without conducting an independent investigation~ except as otherwise
disclosed in the Official Statement and to the best knowledge of such counsel after due
inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity
before or by any court, governmental authority or body, pending or threatened against the
District challenging the creation, organization or existence of the, or the validity of the
City Documents or seeking to restrain or enjoin the repayment of the Bonds or in any
way contesting or affecting the validity of the City Documents or contesting the authority
of the City to enter into or perform its obligations under any of the City Documents, or
under which a determination adverse to the City would have a material adverse effect
upon the financial condition or the revenues of the District, or which, in any manner,
questions the right of the City to pledge the Revenues to the payment of the Bonds.
(d) Fiscal Agent Counsel Opinion. The opinion of counsel to the Fiscal Agent, dated
the date of the Closing, addressed to the Underwriter, to the effect that:
(i) The Fiscal Agent is a national banking association duly organized and
validly existing under the laws of the United States of America, having full power to
enter into, accept and administer the trust created under the Fiscal Agent Agreement and
obligations as Dissemination Agent under the Continuing Disclosure Agreement.
(ii) The Fiscal Agent Agreement and Continuing Disclosure Agreement have
been duly authorized, executed and delivered by the Fiscal Agent and Dissemination
Agent and constitute the legal, valid and binding obligations of the Fiscal Agent and
Dissemination Agent enforceable in accordance with their respective terms, except as
enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the
enforcement of creditors' rights generally and by the application of equitable principles, if
equitable remedies are sought.
(e) Disclosure Counsel Opinion. An opinion of Best Best & Krieger, LLP, a limited
liability partnership ("Disclosure Counsel"), dated the Closing Date, and addressed to the City
and Underwriter, to the effect that during the course of serving as Disclosure Counsel in
connection with the execution and delivery of the Bonds and without having undertaken to
determine independently or assuming any responsibility for the accuracy, completeness or
fairness of the statements contained in the Official Statement, no information came to the
attention of the attorneys in such firm rendering legal services in connection with the issuance of
the Bonds that would lead them to believe that the Official Statement (excluding therefrom the
financial statements, any financial or statistical data, or forecasts, charts, numbers, estimates,
projections, assumptions or expressions of opinion included in the Official Statement,
information regarding DTC, and the appendices to the Official Statement as to which no opinion
need be expressed), as of the date thereof or the Closing Date, contains any untrue statement ora
material fact or omits to state a material fact required to be stated therein or necessary in order to
make the statements therein, in the light of the circumstances under which they were made, not
misleading.
(f) District 15c2-12 Certificate. A certificate of the City, dated the date of the
Preliminary Official Statement, signed by the City for itself and on behalf of the District by a duly
authorized officer of the City, in the form attached as Appendix B or such other form approved by
the Underwriter.
(g) District Closing Certificate. A certificate of the City, dated the date of the
Closing, signed by the City and for itself and on behalf of the District by a duly authorized officer
of the City, in the form attached as Appendix C or such other form approved by the Underwriter.
(h) Fiscal Agent's Certificate. A certificate of the Fiscal Agent, dated the date of the
Closing, signed on behalf of the Fiscal Agent by a duly authorized officer of the Fiscal Agent, in
the form attached as Appendix D or such other form approved by the Underwriter.
(i) Fiscal Agent Resolution and Incumbency Certificate. A copy of the general
resolution of the Fiscal Agent authorizing the execution and delivery of certain documents by
certain officers of the Fiscal Agent, which resolution authorizes the authentication and delivery of
the Bonds and the execution and delivery of the Fiscal Agent Agreement and Continuing
Disclosure Agreement, along with an incumbency certificate with respect to the officers of the
Fiscal Agent.
O) Developer's 10b-5 Certificate. A certificate of the Developer (the "Developer"),
dated the date of the Preliminary Official Statement, signed on behalf of the Developer by a duly
authorized officer of the Developer, in the form attached as Appendix E or such other form
approved by the Underwriter.
(k) Developer's Closing Certificate. A certificate of the Developer, dated the date of
the Closing, signed on behalf of the Developer by a duly authorized officer of the Developer, in
the form attached as Appendix F or such other form approved by the Underwriter.
(l) Developer's Counsel. One or more opinion of in-house counsel to the
Developer, dated the date of the Closing, addressed to the Underwriter and the District, to the
effect that:
(i) The Developer is a Michigan corporation under general corporate law in
Michigan with the power and authority to own its properties and conduct its business as
currently conducted and enter into the Developer Continuing Disclosure Agreement and
perform its obligations thereunder.
(ii) The Developer is in good standing under the laws of the State of
Michigan and the State of California and is qualified to do business in the State of
California.
(iii) The execution, delivery and performance of the Developer Continuing
Disclosure Agreement by the Developer has been duly authorized by all necessary action
of the Developer, and the Developer Continuing Disclosure Agreement has been duly
executed and delivered by the Developer, and the Developer Continuing Disclosure
Agreement constitutes the valid legal and binding agreement of the Property, enforceable
in accordance with its terms.
(iv) To the best of his knowledge, the Developer is not subject to any pending
legal or governmental actions, proceedings, inquiries or investigations (a) which seeks to
restrain or enjoin the authorization, execution, delivery, enforceability or performance of
the Developer's obligations under the Developer Continuing Disclosure Agreement or the
Developer's approval of the Developer Continuing Disclosure Agreement or (b) which
would otherwise materially adversely affect (A) the Developer's ability to perform its
obligations under the Developer Continuing Disclosure Agreement or (B) the transactions
contemplated by the Official Statement insofar as Developer is a part of such
transactions.
(v) In the course of acting as general counsel to Pulte Homes, Inc., the parent
of the Developer, in connection with the preparation of the Preliminary Official
Statement and the Official Statement, he reviewed those sections of the Preliminary
Official Statement and the Official Statement related to the Developer and its proposed
development plans in the District, and participated in conferences and telephone
conversations with officers and other representatives of the Developer, during which
conferences and conversations the contents of the Official Statement and related matters
were discussed. He also reviewed certain oral and written statements of officers and
other representatives of the Developer and others as to the existence and consequence of
certain factual and other matters. Without having undertaken to determine independently
the accuracy, completeness of fairness of the statements contained in the Official
Statement, no information came to the attention of the attorneys in such firm rendering
legal services in connection with the issuance of the Bonds that would lead them to
believe that the sections of the Preliminary Official Statement entitled "THE DISTRICT
(other than sections entitled "- Cumulative Tax Assessment and Fee Burden on
Property")," "OWNERSHIP OF PROPERTY," "PROPOSED DEVELOPMENT
W1THIN THE DISTRICT" and "CONCLUDING INFORMATION - Continuing
Disclosure," as they relate to the Developer and its organization, activities, properties and
financial condition, and the Development, contain any untrue statement of a material fact
or omit any material fact necessary in order to make the statements therein, in the light of
the circumstances under which they were made, not misleading.
(m) Special Tax Consultant's Certificate. A certificate of the Special Tax Consultant,
dated the date of the Closing, in the form attached as Appendix G or such other form approved by
the Underwriter, relating to the Official Statement.
(n) Market Absorption Consultant's Certificate. A certificate of the Market
Absorption Consultant dated the date of the Closing in the form attached as Appendix H or such
other form approved by the Underwriter, relating to the Official Statement.
(o) Appraiser's Certificate. A certificate of the Appraiser, dated the date of the
Closing, in the form attached as Appendix I or such other form approved by the Underwriter,
relating to the Official Statement.
(p) Original Executed Documents. An original executed copy of the Official
Statement, the City Resolutionss and each of the City Documents.
(q) Developer Continuing Disclosure Agreement. An original executed copy of the
Developer Continuing Disclosure Agreement.
(r) Additional Documents. Such additional certificates, instruments and other
documents as Bond Counsel, Disclosure Counsel, the District or the Underwriter may reasonably
deem necessary.
If the City is unable to satisfy the conditions contained in this Purchase Agreement, or if the
obligations of the Underwriter are terminated for any reason permitted by this Purchase Agreement, this
Purchase Agreement shall terminate and neither the Underwriter nor the District shall be under further
obligation hereunder, except as further set forth in Section 10.
Section 9. Termination Events. The Underwriter may terminate this Purchase Agreement,
without liability, by notification to the City if at any time between the date hereof and prior to the
Closing:
(a) any event occurs which causes any statement contained in the Official Statement
to be materially misleading or results in a failure of the Official Statement to state a material fact
necessary to make the statements in the Official Statement, in the light of the circumstances under
which they were made, not misleading;
(b) the marketability of the Bonds or the market price thereof, in the opinion of the
Underwriter, has been materially adversely affected by an amendment to the Constitution of the
United States or by any legislation in or by the Congress of the United States or by the State, or
the amendment of legislation pending as of the date of this Purchase Agreement in the Congress
of the United States, or the recommendation to Congress or endorsement for passage (by press
release, other form of notice or otherwise) of legislation by the President of the United States, the
Treasury Department of the United States, the Internal Revenue Service or the Chairman or
ranking minority member of the Committee on Finance of the United States Senate or the
Committee on Ways and Means of the United States House of Representatives, or the proposal
for consideration of legislation by either such Committee or by any member thereof, or the
presentment of legislation for consideration as an option by either such Committee, or by the staff
of the Joint Committee on Taxation of the Congress of the United States, or the favorable
reporting for passage of legislation to either House of the Congress of the United States by a
Committee of such House to which such legislation has been referred for consideration, or any
decision of any Federal or State court or any ruling or regulation (final, temporary or proposed) or
official statement on behalf of the United States Treasury Department, the Internal Revenue
Service or other federal or State authority materially adversely affecting the federal or State tax
status of the District, or the interest on bonds or notes or obligations of the general character of
the Bonds;
(c) any legislation, ordinance, rule or regulation is introduced in, or enacted by any
governmental body, department or authority of the State, or a decision by any court of competent
jurisdiction within the State or any court of the United States is rendered which, in the reasonable
opinion of the Underwriter, materially adversely affects the market price of the Bonds;
(d) legislation is enacted by the Congress of the United States, or a decision by a
court of the United States is rendered, or a stop order, ruling, regulation or official statement by,
or on behalf of, the Securities and Exchange Commission or any other governmental district
having jurisdiction of the subject matter is issued or made to the effect that the issuance, offering
or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the
Bonds, including all underlying obligations, as contemplated hereby or by the Official Statement,
is in violation or would be in violation of, or that obligations of the general character of the
Bonds, or the Bonds, are not exempt from registration under, any provision of the federal
securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the
Fiscal Agent Agreement needs to be qualified under the Trust Fiscal Agent Agreement Act of
1939, as amended and as then in effect;
(e) additional material restrictions not in force as of the date hereof are imposed
upon trading in securities generally by any governmental authority or by any national securities
exchange which restrictions materially adversely affect the Underwriter's ability to trade the
Bonds;
(f) a general banking moratorium is established by federal or California authorities;
(g) the United States becomes engaged in hostilities that resulte in a declaration of
war or a national emergency or any other outbreak of hostilities or a national or international
calamity or crisis occurs, or any escalation of existing hostilities, calamity or crisis occurs,
financial or othep~vise, the effect of which on the financial markets of the United States being
such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the
ability of the Underwriter to market the Bonds;
(h) any action, suit or proceeding described in Section 6(f) is commenced with
respect to either the District or the City which, in the judgment of the Underwriter, materially
adversely affects the market price of the Bonds; or
(i) a general suspension of trading on the New York Stock Exchange is in force.
Section 10. Expenses. The Underwriter has no obligation to pay, and the City shall pay or
cause to be paid, the expenses incident to the performance of the obligations of the City under this
Purchase Agreement, including but not limited to (a) the costs of the preparation and printing, or other
reproduction (for distribution on or prior to the date hereof) of the City Documents and the cost of
preparing, printing, issuing and delivering the definitive Bonds; (b) the fees and disbursements of any
counsel, financial advisors, accountants or other experts or consultants retained by the City and the City;
(c) the fees and disbursements of Bond Counsel and Disclosure Counsel (but only to the extent to which
such counsel's fee relates to preparation of the preliminary and final Official Statement); and (d) the cost
of printing of the Preliminary Official Statement and any supplements and amendments thereto and the
cost of printing of the Official Statement, including the requisite number of copies thereof for distribution
by the Underwriter.
The Underwriter shall pay, and the District has no obligation to pay, all expenses incurred by it in
connection with the public offering and distribution of the Bonds, including but not limited to (a)
reporting fees chargeable by the California Debt and Investment Advisory Commission, (b) the portion of
Underwriter Counsel's fee not relating to preparation of the preliminary and final Official Statement, and
(c) CUSIP Service Bureau fees.
Section 11. Notice. Any notice or other communication to be given to the City under this
Purchase Agreement may be given by delivering the same in writing to the address set forth above. Any
notice or other communication to be given to the Underwriter under this Purchase Agreement may be
given by delivering the same in writing to: Stone & Youngberg LLC, One Ferry Building, San Francisco,
CA 94111, Attention: Mr. Jim Cervantes.
Section 12. Entire Agreement. This Purchase Agreement, when accepted by the City,
constitutes the entire agreement between the City and the Underwriter and is made solely for the benefit
of the City and the Underwriter (including the successors or assigns of any Underwriter). No other person
shall acquire or have any right hereunder by virtue hereof, except as provided herein. All the City's
representations, warranties and agreements in this Purchase Agreement shall remain operative and in full
force and effect, regardless of any investigation made by or on behalf of the Underwriter.
Section 13. Counterparts. This Purchase Agreement may be executed by the parties hereto
in separate counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute but one and the same instrument.
Section 14. Severability. In case any one or more of the provisions contained herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof.
Section 15. Governing Law. The validity, interpretation and performance of this Purchase
Agreement shall be governed by the Bond Laws of the State of Califomia.
Section 16. No Assignment. The rights and obligations created by this Purchase Agreement
shall not be subject to assignment by the Underwriter or the District without the prior written consent of
the other parties hereto.
STONE & YOU1NGBERG LLC, as Underwriter
By:
Accepted as of the date first stated above:
CITY OF RANCItO CUCAMONGA, for
itself and on behalf of Rancho Cneamonga
Community Facilities District No. 2000-03
(Rancho Summit)
By:_
City Manager
APPENDIX A
Maturity Schedule of Bonds
Principal
Payment Date Principal Interest
(September 1) Amount Rate Price Yield
APPENDIX B
CITY RULE 15c2-12 CERTIFICATE
The undersigned hereby certifies and represents that he or she is a duly appointed and acting
authorized officer of the City of Rancho Cucamonga (thc "City"), the city council of which is the
legislative body of the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho
Summit) (the "District"), and as such is duly authorized to execute and deliver this Certificate on behalf of
the City in connection with the issuance of its 2005 Special Tax Bonds (the "Bonds"), and further hereby
certifies and reconfirms on behalf of the District as follows:
(i) This Certificate is delivered in order to enable the underwriter of the Bonds to
comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange
Act of 1934 (the "Rule");
(ii) In connection with the offering and sale of the Bonds, there has been prepared a
Preliminary Official Statement (the "Preliminary Official Statement");
(iii) As used herein, "Permitted Omissions" shall mean the offering price(s), interest
rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery
dates, ratings and other terms of the Bonds depending on such matters, all with respect to the
Bonds; and
(iv) The Preliminary Official Statement is, except for the Permitted Omissions,
deemed final within the meaning of the Rule.
1N WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth
below.
Dated: September__., 2005
CITY OF RANCHO CUCAMONGA, for
itself and on behalf of Rancho Cucamonga
Community Facilities District No. 2000-03
(Rancho Summit)
By:
City Manager
APPENDIX C
CITY CLOSING CERTIFICATE
The undersigned hereby certifies and represents that he or she is a duly appointed and acting
authorized officer of the City of Rancho Cucamonga (thc "City"), thc city council of which is the
legislative body of the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho
Summit) (the "District"), and as such is duly authorized to execute and deliver this Certificate on behalf of
the City and District in connection with the issuance of its 2005 Special Tax Bonds (the "Bonds"), and
further hereby certifies and reconfirms on behalf of the City and District as follows:
(i) The representations, warranties and covenants of the District contained in the
Bond Purchase Agreement by and between the City and Stone & Youngbcrg LLC, dated
October __, 2005 (the "Purchase Agreement") are truc and correct in all material respects on
and as of thc date of the Closing as if made on the date of the Closing and the District has
complied with all of the terms and conditions of the Purchase Agreement required to be complied
with by the District or the City at or prior to the date of the Closing;
(ii) No event affecting the District or the City has occurred since the date of the
Official Statement which has not been disclosed therein or in any supplement or amendment
thereto which event should be disclosed in the Official Statement in order to make the statements
therein, in thc light of the circumstances under which they were made, not misleading; and
(iii) Except as otherwise disclosed in the Official Statement and to the best
knowledge of such signing officer without conducting an independent investigation, there is no
litigation, proceeding, action, suit, or investigation at law or in equity before or by any court,
governmental authority or body, pending or threatened against thc District or the City challenging
the creation, organization or existence of the City or the District, or the validity of the City
Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting
or affecting the validity of the City Documents or contesting the authority of the City or the
District to enter into or perform its obligations under any of the City Documents, or under which
a determination adverse to the District or thc City would have a material adverse effect upon the
financial condition or the revenues of the District, or which, in any manner, questions the right of
the District to pledge the Revenues to the payment of thc Bonds.
Capitalized terms not defined herein shall have thc same meaning as is set forth in the Purchase
Agreement.
1N WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth
below.
Dated: October __, 2005
CITY OF RANCHO CUCAMONGA, for
itself and on behalf of Rancho Cucamonga
Community Facilities District No. 2000-03
(Rancho Summit)
By:
City Manager
APPENDIX D
FISCAL AGENT CERTIFICATE
Thc undersigned hereby certifies and represents that he or she is a duly appointed and acting
authorized officer of Wells Fargo Bank, National Association, a national banking association (the "Fiscal
Agent"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Fiscal
Agent in connection with the issuance by thc City of Rancho Cucamonga Community Facilities District
No. 2000-03 (Rancho Summit) of its 2005 Special Tax Bonds (the "Bonds"), and further hereby certifies
and reconfirms on behalf of the Fiscal Agent as follows:
(i) The Fiscal Agent is duly organized and existing as a national banking association
in good standing under the laws of the United States of America, having the full power and
authority to enter into and perform its duties under the Fiscal Agent Agreement and Continuing
Disclosure Agreement (the "Fiscal Agent Documents");
(ii) The Fiscal Agent is duly authorized to enter into the Fiscal Agent Documents;
and
(iii) To its best knowledge after due inquiry, there is no action, suit, proceeding or
investigation, at law or in equity, before or by any court or governmental district, public board or
body pending against the Fiscal Agent or threatened against the Fiscal Agent which, in the
reasonable judgment of the Fiscal Agent, would affect the existence of the Fiscal Agent, contests
or affocts the validity or enforceability of the Fiscal Agent Documents, or contests the powers of
thc Fiscal Agent or its authority to enter into and perform its obligations under the Fiscal Agent
Documents.
IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth
below.
Dated: October ,2005
WELLS FARGO BANK, NATIONAL
ASSOCIATION
By:
Authorized Officer
D-I qJO
APPENDIX E
10b-5 CERTIFICATE OF DEVELOPER
The undersigned hereby certifies and represents that he or she is a duly appointed and acting
authorized officer of Pulte Home Corporation, a Michigan corporation (the "Developer"), and as such is
duly authorized to execute and deliver this Certificate on behalf of the Developer in connection with the
issuance by the City of Rancho Cucamonga, for itself and on behalf of the City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summit) (the "District") of its 2005 Special Tax
Bonds (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Developer as follows:
(1) This Certificate is delivered in order to enable the underwriter of the Bonds to
comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange
Act of 1934 (the "Rule");
(2) In connection with the offering and sale of the Bonds, there has been prepared a
Preliminary Official Statement (the "Preliminary Official Statement"), setting forth information
concerning, among other things, the Bonds, the Developer and its organization, activities,
properties and financial condition, and the development (the "Development") that has been and is
intended to be constructed by the Developer within the District; and
(3) The statements contained in the sections of the Preliminary Official Statement
entitled "THE DISTRICT," (other than sections entitled "- Appraisal of Parcels," "- Absorption
Study" and "- Value to Debt Ratio" and "-Cumulative Tax Assessment and Fee Burden on
Property") "OWNERSHIP OF PROPERTY," "PROPOSED DEVELOPMENT WITHIN THE
DISTRICT" and "CONCLUDING INFORMATION - Continuing Disclosure," as they relate to
the Developer and its organization, activities, properties and financial condition, and the
Development contain no untrue statement of a material fact and do not omit any material fact
necessary in order to make the statements therein, in the light of the circumstances under which
they were made, not misleading.
1N WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth
below.
Dated: September__, 2005
PULTE HOME CORPORATION,
a Michigan corporation
By:
Its:
APPENDIX F
CLOSING CERTIFICATE OF DEVELOPER
The undersigned hereby certifies and represents that he or she is a duly appointed and acting
authorized officer of Plte Home Corporation, a Michigan corporation (the "Developer"), and as such is
duly authorized to execute and deliver this Certificate on behalf of the Developer in connection with the
issuance by the City of Rancho Cucamonga of its Community Facilities District No. 2000-03 (Rancho
Summit) (thc "District") of its 2005 Special Tax Bonds (the "Bonds"), and further hereby certifies and
reconfirms on behalf of the Developer as follows:
(1) Thc Developer has duly authorized, by all necessary action, thc execution,
delivery and duc performance of thc Developer Continuing Disclosure Agreement. The
Developer has not previously failed to comply with any obligations it has undertaken under
Rule 15c2-12 of the Securities and Exchange Commission under the Securities Exchange Act of
1934.
(2) The Developer Continuing Disclosure Agreement has been duly executed and
delivered by the Developer.
(3) The information contained in the sections of the final Official Statement entitled
"THE DISTRICT," (other than sections entitled "- Appraisal of Parcels," "- Absorption Study"
and "- Value to Debt Ratio" and "-Cumulative Tax Assessment and Fee Burden on Property")
"OWNERSHIP OF PROPERTY," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT"
and "CONCLUDING INFORMATION - Continuing Disclosure," but only to the extent that
information relates to the Developer, its organization, activities, properties and financial condition
and to the development (the "Development") constructed and intended to be constructed within
the District by the Developer, is true and correct in all material respects and does not contain any
untrue or incorrect statement of a material fact and does not omit to state a material fact necessary
in order to make the statements made therein, in light of the circumstances under which they were
made, not misleading.
(4) The Developer has full power and authority to own its property (including,
without limitation, the Development) and to carry on its business as presently conducted and as
described in the final Official Statement.
(5) There are no pending or, to the knowledge of the Developer, threatened legal or
administrative proceedings to which the Developer is a party or to which property of the
Developer is subject, which if decided adversely to the Developer could specifically, materially
and adversely affect the transactions contemplated by the Bond Purchase Agreement dated
September , 2005 between the City and Stone and Youngberg, LLC (the "Purchase
Agreement") or by the final Official Statement or which could materially and adversely affect the
validity or enforceability of the Bonds, the Issuance Resolution, the Fiscal Agent Agreement, the
Developer Continuing Disclosure Agreement or the Purchase Agreement.
(6) No event has occurred since the date of the Preliminary Official Statement which
would cause statements related to the Developer, its organization, activities, properties, financial
condition or development of the project to contain any tmtme or incorrect statement of material
fact necessary in order to make the statements made therein in light of the circumstances under
which they are made, not misleading.
F1
(7) The Developer is solvent and no proceedings are pending or, to the knowledge of
the Developer threatened in which the Developer may be adjudicated as bankrupt, or become the
debtor in a bankruptcy proceeding, or discharged fi.om any or all of its debts or obligations or
granted an extension of time to pay its debts or a reorganization or readjustment of its debts.
(8) The Developer has not previously materially defaulted on the payment of special
taxes or assessments in connection with any community facilities districts or assessment districts
in which the Developer has been or is a Developer.
(9) Except as disclosed in the final Official Statement, the Developer has not
submitted an application for, nor received actual notice of, (i) the formation or authorization of
any assessment district or community facilities district which would include any portion of the
land within the District, or (ii) the authorization or issuance of any debt secured by a special tax
to be levied on any portion of the land within the District, other than the Special Tax.
Capitalized terms not defined herein shall have the same meaning as is set forth in the Purchase
Agreement.
1N WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth
below.
Dated: October___, 2005
PULTE HOME CORPORATION,
a Michigan co~poration
By:
Its:
APPENDIX G
CERTIFICATE OF SPECIAL TAX CONSULTANT
Thc undersigned hereby certifies and represents that he or she is a duly appointed and acting
authorized officer of David Taussig & Associates (the "Special Tax Consultant"), and as such is duly
authorized to execute and deliver this Certificate on behalf of the Special Tax Consultant in connection
with the issuance by the City of Rancho Cucamonga of its Community Facilities District No. 2000-03
(Rancho Summi0 (thc "District") of its 2005 Special Tax Bonds (thc "Bonds"), and further hereby
certifies and reconfirms on behalf of the Special Tax Consultant as follows:
(i) Based upon the Special Tax Consultant's review of the Rate and Method of
Apportionment of the Special Tax (the "Rate and Method") set forth in Appendix B to the
Official Statement, the Special Tax Consultant hereby certifies that the Special Tax, if levied in
thc maximum amounts permitted pursuant to thc Special Tax formula set forth in the Rate and
Method, would be levied in an amount equal to at least 110% of the gross annual debt service on
thc Bonds, provided that the annual debt service figures on the attached debt service schedule,
which were relied upon by Special Tax Consultant, are substantially true and correct;
(ii) Although the Special Tax, if levied in the maximum amounts under thc Special
Tax formula set forth in the Rate and Method, would be levied in an amount equal to at least
110% of the gross annual debt service payable with respect to the Bonds each year, no
representation is made herein as to actual amounts that will be collected in future years; and
(iii) All information provided by or related to materials provided by the Special Tax
Consultant in the Official Statement, including but not limited to information regarding Rate and
Method, are true and correct as of the date of the Official Statement and as of the date hereof.
1N WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth
below.
Dated: October__, 2005
DAVID TAUSSIG & ASSOCIATES
By:
Its:
DEBT SERVICE SCHEDULE
ITO COMEI
APPENDIX H
CERTIFICATE OF MARKET ABSORPTION CONSULTANT
The undersigned hereby certifies and represents that he or she is a duly appointed and acting
authorized officer of Empire Economics, Inc. (the "Market Absorption Consultant"), and as such is duly
authorized to execute and deliver this Certificate on behalf of thc Market Absorption Consultant in
connection with the issuance by the City of Rancho Cucamonga of its Community Facilities District
No. 2000-03 (Rancho Summit) (the "District") of its 2005 Special Tax Bonds (the "Bonds"), and further
hereby certifies and reconfirms on behalf of the Market Absorption Consultant as follows:
(i) The Market Absorption Consultant prepared a market absorption study relating to
the absorption of properties within the District dated (the "Market Absorption
Study"). The Market Absorption Study is described and summarized in the Preliminary Official
Statement dated September __~ 2005 (the "Preliminary Official Statement") and the Official
Statement dated September __, 2005 (the "Offficial Statement"), including Appendix A
thereto, relating to the Bonds;
(ii) The Market Absorption Consultant hereby certifies that all information with
respect to the Market Absorption Study in the Official Statement is true and correct as of the date
of the Official Statement and as of the date hereof; and
(iii) The Market Absorption Consultant hereby consents to the use of the Market
Absorption Study in connection with the distribuhon and use of thc Preliminary Official
Statement and Official Statement.
1N WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth
below.
Dated: October__~ 2005
EMPIRE ECONOMICS, INC.
By:
Its:
APPENDIX I
CERTIFICATE OF APPRAISER
The undersigned hereby certifies and represents that he or she is a duly appointed and acting
authorized officer of Bruce W. Hull & Associates, Inc. (the "Appraiser"), and as such is duly authorized
to execute and deliver this Certificate on behalf of the Appraiser in connection with the issuance by the
City of Rancho Cucamonga of its Community Facilities District No. 2000-03 (Rancho Summit) (thc
"District") of its 2005 Special Tax Bonds (the "Bonds"), and further hereby certifies and reconfirms on
behalf of the Appraiser as follows:
(i) The Appraiser prepared an appraisal of the properties within the District dated
July 5, 2005 (the "Appraisal"). The Appraisal is described and summarized in thc Preliminary
Official Statement dated September __, 2005 (the "Preliminary Official Statement") and the
Official Statement dated September ___, 2005 (the "Official Statement"), including Appendix
A thereto, relating to the Bonds;
(ii) The Appraiser hereby certifies that all information with respect to the Appraisal
in the Official Statement is true and correct as of the date of the Official Statement and as of the
date hereof; and
(iii) The Appraiser hereby consents to the use of the Appraisal in connection with the
distribution and use of the Preliminary Official Statement and Official Statement.
1N WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth
below.
Dated: October __, 2005
BRUCE W. HULL & ASSOCIATES, INC.
By:
Its:
I-1 q37j'
PRELIMINARY OFFICIAL STATEMENT DATED SEPTEMBER 23 2005
NEW ISSUE - BOOK-ENTRY ONLY NOT RATED
In the opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, under existing statutes, regulations, rulings and judicial decisions and assuming
the accuracy of certain representations and compliance with certain covenants and requirements discussed herein, interest on the bonds is excluded from gross
income for federal income tax purposes, and is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals
and corporations. ~n the further ~pini~n ~f B~nd C~unse~ interest ~n the B~nds is exempt~r~m Calif~rnia pers~nal inc~me tax. See "TAX MATTERS. "
$9,735,000
City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summit)
2005 Special Tax Bonds
Dated: Date of Delivery Due: September 1, as shown below
The City of Rancho Cucamonga (the "C~ty"), for itself and on behalf of the City of Rancho Cucamonga Community Facilities District
No. 2000-03 (Rancho Summit) (the "District") is issuing its 2005 Special Tax Bonds (the "Bonds") to provide financing for the landscaping of
parks and parkways, the acquisition and construction of certain park equipment and construction of certain street improvements. A portion of the
Bonds in the principal amount of $4,910,000' will be held in escrow (the "Escrow Bonds") until certain conditions are met, which are described
herein. The proceeds of the Bonds will also provide funds to fund a Reserve Fund for the Bonds, to fund capitalized interest on the Bonds and to
pay costs associated with the issuance of the Bonds.
The Bonds are being issued under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and a Fiscal Agent
Agreement dated as of September 1, 2005 (the "Fiscal Agent Agreement"), by and between the District and Wells Fargo Bank, National
Association, as fiscal agent (the "Fiscal Agent").
The Bonds are payable from the proceeds of annual special taxes to be levied on property located within the District and from certain
other funds pledged under the Fiscal Agent Agreement. The special taxes authorized to be levied on the taxable property in the District are to be
levied according to the rate and method of apportionment approved by a vote of the qualified electors within the District. See Appendix B -
"Amended and Restated Rate and Method of Apportionment of Special Taxes." The special taxes are to be collected in the same manner and at the
same time as ad valorem property taxes are collected by the County of San Bemardino and, when received, will be placed in the Special Tax Fund
established and maintained by the Fiscal Agent; provided, however, the Treasurer of the City may, pursuant to the Fiscal Agent Agreement, elect
on an annual basis to have such special taxes collected by direct mail billing. The special taxes are secured by liens on taxable real property w/thin
the District and do not constitute a personal indebtedness of the respective landowners. Accordingly, in the event of delinquency in the payment of
special taxes when due, proceedings to recover such delinquent special taxes may be directed only against such real property securing the
delinquent special taxes. Thus, the value of the land in the District that is subject to the levy of special taxes by the District is a critical factor in
determining the investment quality of the Bonds. See "SECURITY FOR TrlE BONDS" and "THE DISTRICT - Appraisal of Parcels".
The Bonds.wi be issued in fully registered form only, and, when executed and delivered, will be registered in the name of Cede & Co.,
as nominee of The Depository Trust Company, New York, New York (collectively referred to as "DTC"). DTC will act as securities depository
for the Bonds. Ownership interest in the Bonds may be purchased in book-entry form only, in denominations of $5,000 or any integral multiple
thereof. Purchasers will not receive physical certificates representing their ownership interest in the Bonds, but will receive a credit balance on the
books of the nominees of such purchasers. The Bonds will not be transferable or exchangeable, except for transfer to another nominee of DTC, or
to a successor securities depository, or as described in the Fiscal Agent Agreement.
Interest on the Bonds accrues from their date, and is payable on March 1 and September 1 of each year, commencing March 1, 2006.
Principal, premium (if any), and interest due on the Bonds will be paid by the Fiscal Agent to DTC or its nominee, which will in turn remit such
payments to its participants for subsequent disbursement to the beneficial owners of interest in the Bonds. See "Appendix D - Book-Entry Only
System".
RedemptionTheofBonds".B°nds are subject to redemption prior to maturity, as more fully described in this Official Statement. See "THE BONDS -
NEITHER THE FAITH AND CREDIT NOR THE GENERAL TAXING POWER OF THE CITY, THE COUNTY OF SAN
BERNARDINO, THE STATE OF CALIFORNIA, NOR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE
PAYMENT OF THE BONDS. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE DISTRICT OR THE CITY.
THE BONDS ARE LIMITED OBLIGATIONS OF THE DISTR1CT PAYABLE SOLELY FROM THE PROCEEDS OF THE
SPECIAL TAX LEVIED WITHIN THE DISTRICT AND CERTAIN FUNDS ESTABLISHED UNDER THE FISCAL AGENT
AGREEMENT AND HELD BY THE FISCAL AGENT, AS MORE FULLY DESCRIBED [iN THIS OFFICIAL STATEMENT.
This cover page contains information for quick reference only. It is not a summary of the Bonds. Prospective purchasers must read the
entire Official Statement to obtain information essential to the making of an informed investment decision. See "BONDOWNERS' RISKS" for a
discussion of factors that should be considered, in addition to the other matters set forth in this Official Statement, in evaluating the investment
quality of the Bonds.
The Bonds are offered, when, as and if issued, subject to approval as to their legality by Best Best & Krieger LLP, San Diego, California,
California, as Disclosure Counsel, and by Richards Watson & Gershon, a professional corporation, Los Angeles, California. Additionally, it is
aboutanticipatedoctoberthat18,the2005.Bonds in book-entry form will be available for delivery through the book-entry system of DTC in New York, New York on or
Stone & Youngberg LLC
' Preliminary, subject to change.
The date of this Official Statement is October __, 2005
$9,735,000*
City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summit)
2005 Special Tax Bonds
Maturity Schedules
(Base CUSIP __)Itl
Maturity Schedule for the Bonds®
Maturity
Maturity Date
Date Principal Interest Price or CUSIP(t) (Sept 1) Principal Interest Price or CUSIP(l)
(Sept 1) Amount Rate Yield Suffix Amount Rate Yield Suffix
2007 2016
2008 2017
2009 2018
2010 2019
2011 2020
2012 2021
2013 2022
2014 2023
2015
$ % Term Bonds Due September 1, 2035, Price % to Yield % CUSIP(t)
Maturity Schedulefor the EscrowBonds(3)
Maturity
Date Pfincipfl Interest Price or CUSIP0) MatufityDate Princip~ Interest Price or CUSIP(t)
(Septl) Amount Rate Yield Suffix (Sept 1) Amount Rathe Yield Suffix
2007 2016
2008 2017
2009 2018
2010 2019
2011 2020
2012 2021
2013 2022
2014 2023
2015
$ % Escrow Term Bonds Due September 1, 20 , Price % to Yield % CUSIP(t)
Copyright 2005, American Bankers Association. CUSIP data herein is provided by Standard & Poor's, CUSIP Service Bureau, a
division of The McGraw-Hill Companies, Inc. This data is not intended to create a database and does not serve in any way as a
substitute for the CUSIP services.
As used in this maturity schedule, the Bonds means the $4,825,000* principal mount of the Bonds, excluding the Escrow Bonds,
defined below.
Escrow Bonds mean the Escrow Serial Bonds and Escrow Term Bonds in the principal amount of $4,910,000.* Jl~ ~
Prell, subject to change.
7
CITY OF RANCHO CUCAMONGA
MAYOR AND CITY COUNCIL
William "Bill" J. Alexander, Mayor
Diane Williams, Mayor Pro Tem
Rex Gutierrez, Councilmember
L. Dennis Michael, Councilmember
Sam Spagnolo, Councilmember
CITY STAFF
Jack Lam, City Manager
Pamela S. Easter, Deputy City Manager
Ingr~d Y. Bruce, GIS/Special Districts Manager
James L. Markman, Esq., City Attorney
Joe O'Neil, City Engineer
BOND COUNSEL FINANCIAL ADVISOR TO THE CITY
Best Best & K~eger LLP Fieldman, Rolapp & Associates
San Diego, California Irvine, California
APPRAISER SPECIAL TAX CONSULTANT
Bruce W. Hull & Associates, Inc. David Taussig &Associatcs
Vcntura, California Newport Beach, California
FISCAL AGENT/ DISCLOSURE COUNSEL
DISSEMINATION AGENT
Best Best & Krieger LLP
Wells Fargo Bank, National Association Riverside, California
Los Angeles, California
MARKET ABSORPTION CONSULTANT
Empire Economics, Inc.
Capistrano Beach, California
TABLE OF CONTENTS
Page
iNTRODUCTORY STATEMENT ........................... 1 Not a Personal Obligation ............................... 38
General .............................................................. 1 Parity Taxes and Special Assessments ............ 38
Authority for Issuance ......................................1 Land Values and Development ....................... 38
The District ....................................................... 1 Notice of Special Taxes; Disclosures To Future
Ptmpose of the Bonds ........................................ 2 Purchasers ....................................................... 40
Description of the Bonds ..................................2 Bankruptcy and Foreclosure Delays.. .............. 41
Security for the Bonds ...................................... 3 Proposition 218 and the Initiative Power ........ 43
Risk Factors ...................................................... 4 Limitation on Remedies of Bondholders; No
Tax Matters ....................................................... 4 Acceleration .................................................... 43
Professionals Involved in the Offering ............. 4 Loss of Tax Exemption ...................................43
Continuing Disclosure ...................................... 4 Secondary Markets and Prices ........................ 43
Other Information ............................................. 5 CONCLUDiNG INFORMATION .......................... 44
FINANCING PLAN .................................................. 5 Tax Matters ..................................................... 44
Financing Purpose ............................................ 5 Legal Opinions ................................................ 44
Estimated Sources And Uses Of Funds ............ 6 Litigation ........................................................ 45
THE BONDS ............................................................. 6 Continuing Disclosure .................................... 45
Authority for Issuance ...................................... 6 No Rating ........................................................ 46
Description of the Bonds ..................................8 Underwriting ................................................... 46
Redemption of Bonds .......................................8 Professional Fees ............................................ 46
Parity Bonds .................................................... 10 Miscellaneous ................................................. 46
Debt Service Schedule .................................... 12
SECURITY FOR THE BONDS ............................. 13 Appendix A - Summary Appraisal Report ............ A-1
General ............................................................ 13 Appendix B - Amended and Restated Rate and
Lim/ted Obligation .......................................... 13 Method of Apportionment of Special Taxes .... B-1
The Special Taxes ........................................... 13 Appendix C - S~ of the Fiscal Agent
The Rate and Method ...................................... 16 Agreement ........................................................ C-1
Reserve Fund .................................................. 22 Appendix D - Book-Entry Only System ............... D- 1
Delinquent Special Taxes; Covenant To Appendix E - Form of Contlnuing Disclosure
Foreclose ......................................................... 22 Agreement ........................................................ E-1
THE DISTRICT ...................................................... 26 Appendix F - Form of Bond Counsel Opinion .....F-1
General Description and Location of the Appendix G - General Information of the City of
District ............................................................ 26 Rancho Cucamonga .......................................... G- 1
Facilities to be Financed with the Bonds ........ 28 Appendix H - Summary Absorption Study ........... H- 1
Absorption Study ............................................ 28
Appraisal of Parcels ........................................ 29
Direct and Overlapping Debt .......................... 29
Value to Lien Ratio ......................................... 30
Cumulative Tax, Assessment and Fee Burden
on Property ...................................................... 30
OWNERSHIP OF PROPERTY .............................. 32
Pulte Home Corporation ................................. 32
PROPOSED DEVELOPMENT WITHIN THE
DISTRICT ............................................................... 33
BONDOWNERS' RISKS ....................................... 36
Not a General Obligation of the District or the
City ................................................................. 36
Levy of the Special Taxes ............................... 36
Exempt Properties ........................................... 36
Collection of the Special Taxes ...................... 37
Concentration of Property Ownership ............ 37
i
No Offering May be Made Except by this Official Statemena No dealer, broker, salesperson or other person
has been authorized to give any information or to make any representations with respect to the Bonds other than
as contained in this Official Statement, and if given or made, such other information or representation must not
be relied upon as having been authorized.
No Unlawful Offers or Solicitations. This Official Statement does not constitute an offer to sell or the
solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the
person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make
such offer or solicitation.
Effective Date. This Official Statement speaks only as of its date, and the information and expressions of
opinion contained in this Official Statement are subject to change without notice. Neither the delivery of this
Official Statement nor any sale of the Bonds will, under any circumstances, create any implication that there has
been no change in the affairs of the City, the District, any other parties described in this Official Statement, or in
the condition of property within the District since the date of this Official Statement.
Use of this Official Statemena This Official Statement is submitted in connection with the sale of the Bonds
referred to herein and may not be reproduced or used, in whole or in part, for any other purpose. This Official
Statement is not a contract with the purchasers of the Bonds.
Preparation of this Official Statemen~ The information contained in this Official Statement has been obtained
from sources that are believed to be reliable, but this information is not guaranteed as to accuracy or
completeness.
The Underwriter has provided the following sentence for inclusion in this Official Statement: The
Underwhter has reviewed the information in this Official Statement in accordance with, and as part of, its
responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this
transaction, but the Underwriter does not guarantee the accuracy or completeness of such information.
Document References and Summaries. Ail references to and summaries of the Fiscal Agent Agreement or
other documents contained in this Official Statement are subject to the provisions of those documents and do not
purport to be complete statements of those documents.
Stabilization of and Changes to Offering Prices. The Underwriter may overallot or take other steps that
stabilize or maintain the market price of the Bonds at a level above that which might otherwise prevail in the
open market. If commenced, the Underwriter may discontinue such market stabilization at any time. The
Underwriter may offer and sell the Bonds to certain dealers, dealer banks and banks acting as agent at prices
lower than the public offering prices stated on the cover page of this Official Statement, and those public
offering prices may be changed from time to time by the Underwriter.
Bonds are Exempt from Securities Laws Registration. The issuance and sale of the Bonds have not been
registered under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, in
reliance upon exemptions for the issuance and sale of municipal securities provided under Section 3(a)(2) of the
Securities Act of 1933 and Section 3(a)(12) of the Securities Exchange Act of 1934.
Estimates and Projections. Certain statements included or incorporated by reference in this Official Statement
constitute "forward-looking statements" within the meaning of the United States Private Securities Litigation
Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and
Section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable
by the terminology used such as "plan," "expect," "estimate," "budget" or other similar words.
THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH
FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES
AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE OR
ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS,
PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING
STATEMENTS. THE DISTRICT DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO
THOSE FORWARD-LOOKING STATEMENTS IF OR WHEN ITS EXPECTATIONS, OR EVENTS,
CONDITIONS OR CIRCUMSTANCES ON WHICH SUCH STATEMENTS ARE BASED OCCUR.
REGIONAL LOCATION MAP
City of Rancho Cucamonga
San Bemardino County, Califomia
SAN BERNARDINO
COUNTY
LOS ANGELES
COUNTY
/
Yom;, ' Moreno
Unda ~
Greve Perrl:
"LO~-- ~1118 COUNTY
OFFICIAL STATEMENT
$9,735,000'
City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summi0
200S Special Tax Bonds
INTRODUCTORY STATEMENT
General
Thc purpose of this Official Statement, which includes the cover page and attached Appendices, is to
provide certain information concerning the issuance by the City, for itself and on behalf of the District, of its
City of Rancho Cucamonga Community Facilities Disthct No. 2000-03 (Rancho Summit) 2005 Special Tax
Bonds (the "Bonds"). The Bonds are being issued under a Fiscal Agent Agreement (the "Fiscal Agent
Agreement") dated as of September 1, 2005, by and between the District and Wells Fargo Bank, National
Association, a national banking association, as fiscal agent (the "Fiscal Agent").
This introduction is subject in all respects to the more complete information set forth in this Official
Statement. All capitalized terms used in this Official Statement and not otherwise defined have the same
meaning as in the Fiscal Agent Agreement. See "Appendix C - Summary of the Fiscal Agent Agreement -
Definitions".
Authority for Issuance
The Bonds will be issued under the Mello-Roos Community Facilities Act of 1982, as amended,
constituting Sections 53311 et seq. of the California Government Code (the "Act"), the approving vote of the
eligible landowner voters of the District, a resolution of the City Council of the City (the "City Council"), acting
in its capacity as the legislative body of the District adopted on September 20, 2000, as amended by a resolution
adopted on June 15, 2005, and the Fiscal Agent Agreement. The City Council has authorized the issuance and
delivery of the Bonds in the maximum principal amount of $10,000,000. See "THE BONDS - Authority for
Issuance."
The District
The District was formed by the City on September 20, 2000, under the Act following a public heating
held on such date. Following the formation of the District, the City conducted a special election at which the
qualified electors of the District approved the levy of special taxes within the District and the issuance of bonds
secured by such special taxes. The amount of bonded indebtedness and levy of special taxes were subsequently
amended. See "THE BONDS - Authority for Issuance."
The District consists of approximately 132.94 gross acres of land under development located along the
northeastern portion of the City comprised of Tracts 15588, 14759, 14759-1, 14759-2 and 14759-3.
The property within the District is currently owned by Pulte Home Corporation, a Michigan corporation
(the "Developer"), whose parent corporation is Pulte Homes, Inc., a Michigan corporation ("Pulte"), a Fortune
200 company with operations in 47 markets and 27 states. The Developer expects to construct 360 single family
homes in two separate projects within the District to be known as Heritage at Rancho Summit (265 homes) and
Legacy at Rancho Summit (95 homes). As of August 1, 2005, 93 lots were in finished condition in the Legacy
project (Tract 14759-1), of which 25 were under construction, 2 additional lots in the Legacy project (Tract
15588) had been graded, and 85 lots in the Heritage project (Tract 14759-2) had been graded with paved streets
and wet utilities installed. Construction on the remaining 180 lots in the Heritage project (Tracts 14759-3 and
14759) has not begun due to certain flood control mitigation measures required by the County which are
1
described below. The Developer anticipates that grading on such lots located in Tracts 14759-3 and 14759 will
commence no later than beginning of fourth quarter 2005 and will be completed by end of fourth quarter 2005.
As of August 1, 2005, purchase contracts have been entered into with individual property owners for 20 homes
in the Legacy project. The Developer expects the first escrows to close on the Legacy project in the fourth
quarter of 2005.
Approximately 71 lots of the project located within Tracts 14759-3 and 14759 in the District are located
within the Zone D special flood zone area as designated by the Federal Emergency Management Agency
("FEMA"). Properties located within Zone D may be removed from the special flood zone area upon
compliance with applicable FEMA procedures and construction of certain improvements approved by FEMA to
mitigate flooding. The Developer has begun the process for removal of such property from Zone D. See "THE
DISTRICT - General Description and Location of the District Project Approval."
In addition, flood flow easement owned by the County of San Bemardino Flood Control District (the
"Flood Control District"), recorded on January 31, 1941, in Book 1450 on Page 406 of the San Bemardino
County Official Records (the "Easement") exists across such 71 lots located within Tracts 14759-3 and 14759,
which are in the Zone D special flood zone area. According to current City policy, final maps for Tracts 14759-
3 and 14759, which are comprised of 180 lots, may not be recorded until the Easement affecting the 71 lots is
released from the property. The recordation of a final map is required for the issuance of building permits. The
Developer is in the process of securing a grading permit from the City and intends to prepare Tracts 14759-3
and 14759 for development with grading to commence and be completed in fourth quarter of 2005. The
Developer is currently in negotiations with the Flood Control District to release the Easement from Tracts
14759-3 and 14759. A portion of the bonds, referred to herein as the Escrow Bonds, in the principal amount of
$4,910,000' will be held in escrow until the Easement is released. See '~I'HE DISTRICT- General Description
and Location of the District - Project Approval."
Purpose of the Bonds
The Bonds are being issued to (a) provide funds for the acquisition and construction of certain public
improvements (See "THE DISTRICT - Facilities to be Financed with the Bonds"), (b) fund a reserve fund for
the Bonds, (c) fund capitalized interest through March 1, 2007, (d) pay certain administrative expenses of the
District, and (e) pay costs associated with the issuance of the Bonds.
Description of the Bonds
The Bonds are dated their date of delivery and mature in the amounts and in the years, and bear interest
at the rates set forth on the cover page of this Official Statement. Interest on the Bonds will be payable on each
March 1 and September 1 each year, beginning March 1, 2006.
Registration, book-entry provisions, denominations. The Bonds will be delivered in fully registered
form only and, when delivered, will be registered in the name of Cede & Co., as nominee of The Depository
Trust Company, New York, New York ("DTC"). DTC will act as securities depository of the Bonds.
Ownership interests in the Bonds may be purchased in book-entry form only in the principal amount of $5,000
or any integral multiple. See "Appendix D - Book-Entry Only System".
Transfer and exchange. If the book-entry only system described below is no longer used with respect
to the Bonds, the Bonds may be transferred and exchanged in accordance with the Fiscal Agent Agreement.
Redemption provisions. The Bonds are subject to optional and mandatory sinking fund redemption
prior to their respective maturity dates. See "THE BONDS - Redemption Of Bonds".
Preliminary, subject to change.
Security for the Bonds
Limited Obligation.
Neither the full faith and credit nor the general taxing power of the City, the County of San Bemardino
(the "County"), the State of California (the "State"), or any political subdivision thereof is pledged to the
payment of the Bonds. Except for the Special Taxes (de£med below), no other taxes are pledged to the payment
of the Bonds. The Bonds are not general obligations of the District or the City.
The Bonds are limited obligations of the District payable solely from the proceeds of the Special Taxes
levied within the District end other sources described in the Fiscal Agent Agreement and held by the Fiscal
Agent.
The Special Taxes.
Payments of interest on and principal of the Bonds are to be made from the proceeds of Special Tax A,
as defined in the Rate and Method, as defined below, authorized to be levied annually by the District pursuant to
the Rate end Method on all taxable property within the District (the "Special Taxes"). The Special Taxes are
authorized to be levied under the Act end in accordance with the special election held in the Dis~ct and the
Rate and Method. See "SECURITY FOR THE BONDS - The Special Taxes" and "- The Rate and Method" and
Appendix B - Amended and Restated Rate end Method of Apportionment of Special Taxes.
.4ppraised Value of Property within the District, Absorption and Value to Debt Ratio.
An appraisal dated July 5, 2005 of the market value of the fee simple estate in the lend within the
District that is subject to the levy of Special Taxes (the "Appraisal") has been prepared by Bruce W. Hull &
Associates, Inc. (the "Appraiser") of Ventura, California and is attached as Appendix A.
Subject to the assumptions contained in the Appraisal, the Appraiser estimated that the fee simple
market value of the properties in the District as of July 5, 2005 was $$5,550,000.
A Market Absorption Study dated June 24, 2005 regarding the proposed development within the District
was conducted by Empire Economics, Inc., Capistrano Beach, California. This report indicates that full
absorption of the proposed development is expected to occur by Spring 2009. See "Appendix H - Absorption
Study."
The aggregate market values reported in the Appraisal results in estimated overall value-to-debt ratios of
8.67 to 1', calculated with respect to all applicable direct and overlapping tax and fixed lien assessment debt, if
eny, as of the projected closing date for the Bonds. The value-to-debt ratios of individual parcels within the
District will differ from the foregoing aggregate ratios.
See "THE DISTRICT - Appraisal of Parcels" and "THE DISTRICT - Value to Debt Ratio". See also
"THE DISTRICT - Cumulative Tax, Assessment and Fee Burden on Property" for a description of certain
additional debt or other obligations secured by liens on the property within the District.
Reserve Fund.
The Fiscal Agent Agreement establishes a Reserve Fund for the Bonds which is required to be funded in
an amount equal to the Reserve Requirement. The Reserve Requirement is (a) as of any date of calculation prior
to the transfer of the funds on deposit in the Escrow Fund, an amount not to exceed the lesser of (i) the
maximum Annual Debt Service on the Outstanding Bonds with the exception of the Escrow Bonds, (ii) 125% of
Average Annual Debt Service on the Outstanding Bonds, or (iii) 10% of the face amount of the Outstanding
Bonds with the exception of the Escrow Bonds and (b) as of any date of calculation following the transfer of the
Preliminary, subject to change.
funds on deposit in the Escrow Fund, (i) Maximum Annual Debt Service on the Outstanding Bonds, (ii) 125%
of Average Annual Debt Service on the Outstanding Bonds, or (iii) 10% of the face amount of the Outstanding
Bonds. See "SECURITY FOR THE BONDS - Reserve Fund".
Risk Factors
Certain events could affect the ability of the District to pay debt service on the Bonds when due. See
the section of this Official Statement entitled "BONDOWNERS' RISKS" for a discussion of special factors
which should be considered, in addition to the other mattcrs set forth herein, in considcr~ng the investment
quality of the Bonds.
Tax Matters
In the opinion of Bond Counsel, under existing laws, regulations, rulings and court decisions, the
interest on the Bonds is exempt from personal income taxes of the State and, assun~ng certain representations
and compliance with certain covenants and requirements described herein, is excluded from gross income for
federal income mx purposes and is not a specific preference item for purposes of the federal alternative
minimum tax on individuals and corporations. Set forth in Appendix F hereto is the opinion of Bond Counsel
expected to be delivered in connection with the issuance of the Bonds. For a more complete discussion of such
opinion, see "CONCLUDING INFORMATION - Tax Ma~ters."
Professionals Involved in the Offering
Wells Fargo Bank, National Association, will serve as Fiscal Agent for the Bonds. The Bonds will be
delivered subject to approval as to their validity by Best Best & Krieger, LLP, San Diego, California, Bond
Counsel. Certain legal matters will be passed upon for the Underwriter by disclosure counsel, Best Best &
K~egcr LLP, Riverside, California, and for the City and the District by Richards Watson & Gershon, a
professional corporation, Los A~geles, California. An appraisal of the property within the District has been
prepared by Bruce W. Hull & Associates, Inc., Ven~ra, California. Fieldman, Rolapp & Associates of Irvine,
California, has s~ved as financial advisor to the City and the District for the financing. David Taussig &
Associates of Newpor~ Beach, California, has served as special tax consultant to the Distrct for the financing,
and Empire Economics, Inc., Capis~rano Beach, California, has acted as market absorption consultant.
For information concerning circumstances in which certain of the above - named professionals may
have a financial or other interest in the offering of the Bonds, see "CONCLUDING INFORMATION -
Professional Fees" herein.
Continuing Disclosure
The District has agreed to provide, or cause to be provided, to each nationally recognized municipal
securities information repository ("NRMSIR") and any public or private repository or entity designated by the
State as a state repository ("State Repository") periodic reports, commencing February 1, 2006 as to the Disttrct,
containing certain f'mancial information and operating data relating to the District, and to provide notices of the
occurrence of certain enumerated events, if material.
The Developer has agreed to provide, or cause to be provided, to each NRIMSIR and any State
Repository semi-annual reports containing certain financial information and operating data relating to the
Developer and certain updates on progress of Development in the District, and to provide notices of the
occurrence of certain enumerated events, if material.
The timing of such reports and the specific nature of the information required to be contained in each of
these reports and the notices of material events are set forth in "Appendix E - Forms of Continuing Disclosure
Agreement". See also "CONCLUDING INFORMATION - Continuing Disclosure".
4 qq7
Other Information
This Official Statement speaks only as of its date, and the information contained herein is subject to
change.
Brief descriptions of the Bonds, certain sections of the Fiscal Agent Agreement, security for thc Bonds,
special risk factors, the District, the City, the major landowners and developers in the DisWict and other
information are included in this Official Statement. Such descriptions and information do not purport to be
comprehensive or def'mitive. The descriptions herein o£ the Bonds, the Fiscal Agent Agreement, and other
resolutions and documents are qualified in their entirety by reference to the forms thereof and the information
with respect thereto included in the Bonds, the Fiscal Agent Agreement, such resolutions and other documents.
All suet descriptions are fmther qualified in their entirety by reference to laws and to principles of equity
relating to or affecting generally the enforcement of creditors' rights.
Copies of such documents may be obtained from the office o£ thc City Clerk of the City, 10500 Civic
Center Drive, Rancho Cucamonga, California 91730.
FINANCING PLAN
Financing Purpose
The Bonds are being issued to provide funds for the following purposes:
· To fmance the landscaping of parks and parkways, the acquisition and construction of certain
park equipment and the construction of certain street improvements. The landscaping, park
improvements and street improvements will consist of a regular type park, equestrian facilities,
basketball courts, ball fields, open space' areas and certain off-site street improvements (referred
to herein as the "Facilities"). See "THE DISTRICT - Facilities to be Financed with the Bonds".
· To pay the costs of issuing the Bonds.
· To fund a Reserve Fund for the Bonds.
· To fund capitalized interest on the Bonds through March 1, 2007.
Estimated Sources And Uses Of Funds
The following table sets forth thc estimated sources and uses of the Bond proceeds:
TABLE 1
City of Rancho Cucamonga,
Community Facilities District No. 2000-03
2005 Special Tax Bonds
Estimated Sources and Uses of Funds
SOURCES OF FUNDS
Principal Amount of the Bonds $
Less Underwriter's Discount
Total Sources of Funds $
USES OF FUNDS
Deposit to Escrow Fund
Deposit to the Project Fund $
Deposit to Interest Account of the Bond Fund(u
Deposit to Reserve Fund(2)
Deposit to Costs of Issuance Fund
Deposit for Administrative Expenses(j)
Total Uses of Funds $
(~) Represems the capitalized interest accruing on the Bonds from their date of delivery to and including
March 1, 2007. The Dislrict has assumed that the remaining amount necessary to pay interest on the
Bonds through September 1, 2007 will be funded from special taxes levied on the property within the
Dis~ict.
(2) Equal to the Reserve Requirement.
o) Represents the anticipated administrative expenses of the District for Fiscal Year 2005-2006.
THE BONDS
Authority for Issuance
The Act was enacted by the California Legislature to provide an alternate method of financing certain
public capital facilities and services, especially in developing areas of the State. Once duly established, a
community facilities district is a legally constituted governmental entity within defined boundaries, with the
governing board or legislative body of the local agency that established the district acting on its behalf. Subject
to approval by a two-thirds vote of qualified electors and compliance with the provisions of the Act, a legislative
body of a local agency may issue debt securities for a community facilities district and may levy and collect a
special tax within such district to repay such indebtedness.
Under the Act, the City Council has taken the following actions:
On August 16, 2000, the City Council adopted the following resolutions:
Resolution No. 00-149 declaring the intention of the City Council to establish the District and to
authorize the levy of special taxes therein to finance the provisions of certain public services
and the acquisition of certain public facilities.
Resolution No. 00-151 declaring the intention of the City Council to issue bonds secured by
special taxes to pay for the acquisition of certaln facilities in the District.
On September 20, 2000, the City Council, following a public hearing held on such date, adopted:
· Resolution No. 00-190 making modifications to the District, establishing the District,
establishing an appropriations limit for the District, authorizing the levy of special taxes within
the District subject to the approval of the qualified electors of the District and calling a special
election within the District.
· Resolution No. 00-191 declaring the necessity to incur a bonded indebtedness, submitting to the
qualified electors of the District a proposition to incur a bonded indebtedness secured by a
special tax levy to pay for certain capital facilities in the District and a proposition to establish
an appropriations limit for such District, and giving notice thereon.
On October 11, 2000, the qualified electors within the District, authorized the issuance of bonds in a
maximum principal amount of $3,000,000 to be secured by the levy of the special taxes to finance the
acquisition and construction of such facilities, established an annual appropriations limit for the District, and
approved the levy of the special taxes pursuant to a rate and method of apportionment of special taxes (the
"Prior Rate and Method").
The City Council, following the certification of the election results by the City Clerk, adopted
Resolution No. 00-230 on November 1, 2000 declaring the results of the special election within the District.
On November 1, 2000, the City Council also introduced and waived the first reading of Ordinance
No. 643 authorizing the levy of a special tax within the District. The City Council adopted Ordinance No. 643
(the "Ordinance") on November 15, 2000, and such Ordinance became effective on December 15, 2000.
On May 4, 2005 the City Council approved:
Resolution No. 05-154 declaring the intention of the City Council to consider revisions to facilities
authorized to be financed by and the Rate and Method authorized to be levied within the District and the
authorized bonded indebtedness thereof.
On June 15, 2005, the City Council approved:
Resolution No. 05-201 making certain determinations and authorizing the submittal of the proposed
modifications to the Facilities authorized to be financed by the District, the amended and restated rate and
method of apportionment of special taxes (the "Rate and Method") to be levied within the District and the
authorized bonded indebtedness for the District to the Qualified Electors of the District.
On the same day, following the adoption of the foregoing resolution, the qualified electors within the
District authorized revisions to the authorized Facilities to be fmanced by the District, the Rate and Method and
an increase in the bonded indebtedness authorization to $10,000,000.
The City Council, following the certification of election results by the City Clerk, adopted Resolution
No. 05-202 declaring the election results of the June 15, 2005 Special Election within the District.
On June 15, 2005, the City Council also introduced and waived the fzrst reading of Ordinance No. 744
amending Ordinance No. 643 authorizing the levy of a special tax within the District in accordance with the
Rate and Method. The City Council adopted Ordinanee No. 744 on July 6, 2005, and such ordinance became
effective on August 5, 2005.
On September 21, 2005, the City Council also adopted Resolution No. __ authorizing the issuance
of the Bonds and approving the forms of the Fiscal Agent Agreement, Bond Purchase Agreement, Preliminary
Official Statement and Continuing Disclosure Agreement.
Description of the Bonds
Thc Bonds will mature on the dates and in the principal amounts and will bear interest at the rates per
annum set forth on the inside cover page of the Official Statement. Interest on the Bonds will accrue from their
date, and will be payable semiannually on March 1 and September 1 each year (each an "Interest Payment
Date") commencing March 1, 2006. Interest will be computed on the basis of a 360-day year consisting of
twelve 30-day months.
The Bonds will bc issued in fully registered form without coupons in the denomination of $5,000 or any
integral multiple. All of the Bonds, when issued, will be registered in the name of Cede & Co., as nominee of
DTC, New York, New York, which will act as securities depository for the Bonds. Purchasers will not receive
physical certificates representing their interests in the Bonds. Principal of and interest on the Bonds will be paid
by the Fiscal Agent to DTC for subsequent disbursement to DTC Participants, who will remit such payments to
the beneficial owners of the Bonds. See "Appendix D - Book-Entry Only System."
Redemption of Bonds
Optional Redemption. The Bonds, other than the Escrow Bonds, are subject to optional redemption
prior to their stated maturity on any Interest Payment Date, as a whole or in part, at the following redemption
prices (expressed as percentages of thc principal amount of the Bonds to be reduced), together with accrued
interest thereon to date of redemption:
Redemption Date Redemption Price
March 1, 2006 through March 1, 2014 102%
September 1, 2014 and March 1, 2015 101%
September 1, 2015 and thereafter 100%
The Escrow Bonds are subject to optional redemption prior to their stated maturity on any Interest
Payment Date occurring following the release of the moneys on deposit in the Escrow Fund and the transfer of
such moneys to the Project Fund and the Reserve Fund pursuant to Fiscal Agent Agreement, as a whole or in
pan, at the redemption prices set forth above, together with accrued interest thereon to the date of redemption.
Mandatory Redemption from Proceeds of Special Tax Prepayments. The Bonds shall be subject to
redemption on any Interest Payment Date, prior to maturity, as a whole or in part on a pro rata basis among
maturities from amounts deposited to the Redemption Fund representing Special Tax Prepayments. An
Authorized Representative shall deliver written instructions to the Fiscal Agent not less than 60 days prior to the
redemption date directing the Fiscal Agent to utilize the Special Tax Revenues transferred to the Redemption
Fund and the Interest Account of the Bond Fund pursuant to the Fiscal Agent Agreement. Such mandatory
redemption of the Bonds shall be at the following redemption prices (expressed as pementages of the principal
amount of the Bonds to be redeemed), together with accrued interest thereon to the date of redemption:
Redemption Date Redemption Price
March 1, 2006 through March 1, 2014 102%
September 1, 2014 and March 1, 2015 101%
September 1,2015 and thereafter 100%
Extraordinary Mandatory Redemption of Escrow Bonds. The Escrow Bonds are subject to
extraordinary mandatory redemption on March 1, 2007, September 1, 2007 and September 1, 2008 from funds
transferred from the Escrow Fund to the Redemption Fund pursuant to the provisions of the Fiscal Agent
Agreement at a redemption price equal to 102% of the principal amount thereof, together with accrued interest
thereon to the date ofredemptiun.
Mandatory Sinking Fund Redemption. The Bonds, other than the Escrow Bonds, maturing on
September 1, 20__ are subject to mandatory sinking fund redemption in part on September 1, 20__, and on any
date thereafter each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal
amount of the Bonds to be redeemed, together with accrued interest to the date fixed for redemption, without
premium, from sinking fund payments as follows:
Redemption Date Prindpal Amount
(September 1) Redeemed
Mandatory Sinking Fund Payment Redemption of Escrow Term Bonds. The Escrow Term Bonds
are subject to mandatory sinking fund payment redemption in part on September 1, 2009, and on each
September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be
redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking fund
payments as follows:
Redemption Date Principal Amount
(September 1) Redeemed
The amounts in the foregoing tables shall be reduced, as a result of any prior partial redemption of the
Bonds pursuant to the Fiscal Agent Agreement as specified in writing by the Director of Finance to the Fiscal
Agent, in inverse order of sinking fund payment date.
Selection of Bonds for Redemption.
Whenever provision is made for the redemption of less than all of the Bonds or any given portion
thereof, the Fiscal Agent shall select the Bonds to be redeemed, from each maturity in any manner the City
specifies, with such selection within a maturity to be done in any manner which the Fiscal Agent deems fair.
Notice of Redemption.
The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid,
at least 30 days but not more than 60 days prior to the date fixed for redemption, to the Original Purchaser, to
the Securities Depositories, to one or more Information Services, and to the respective registered Owners of any
Bonds designated for redemption, at their addresses appearing on the Bond Register in the Principal Office of
the Fiscal Agent; but such mailing shall not be a condition precedent to such redemption and failure to mail or to
receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption
of such Bonds.
Such notice shall state the redemption date and the redemption price and, if less than all of the then
Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of
the Bonds to be redeemed by giving the individual CUSIP number and Bond number of each Bond to be
redeemed or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or
that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called
in part the principal amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the
Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further
interest on such Bonds will not accrue from and after the redemption date.
Effect of Redemption.
From and after the date fixed for redemption, if funds available for the payment of the principal of, and
interest and any premium on, the Bonds so called for redemption shall have been deposited in the Bond Fund or
Redemption Fund, such Bonds so called shall cease to be entitled to any benefit under the Fiscal Agent
Agreement other than the right to receive payment of the redemption price and interest thereon through the date
of redemption, and no interest shall accrue thereon on or after the redemption date specified in the notice of
redemption.
All Bonds redeemed will be canceled immediately by the Fiscal Agent and will not be reissued.
Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall
authenticate and deliver to the registered Owner, at the expense of the City, a new Bond or Bonds, of the same
series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion
of the Bond or Bonds.
Purchase in Lieu of Redemption.
In lieu of optional mandatory or mandatory sinking fund redemption, monies in the Bond Fund or
Redemption Fund may be used and withdrawn by the Fiscal Agent for purchase of outstanding Bonds, upon the
filing with the Fiscal Agent of an Officer's Certificate requesting such purchase, at public or private sale as and
when, and at such prices (including brokerage and other charges) as such Officer's Certificate may provide, but
in no event may Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to
the date of purchase and any premium which would otherwise be due if such Bonds were to be redeemed in
accordance with the Fiscal Agent Agreement.
In lieu of optional redemption, the District may elect to purchase Bonds at public or private sale at such
prices as the District may in its discretion determine; provided, that, unless otherwise authorized by law, the
purchase price (including brokerage and other charges) of Bonds so purchased may not exceed the principal
amount of those Bonds plus accrued interest to the purchase date.
Parity Bonds
The City will covenant in the Fiscal Agent Agreement that it will issue no additional bonds on a parity
with the Bonds; provided, however, nothing in the Fiscal Agent Agreement limits the issuance of any bonds on
behalf of the District if (a) the rights and claims of such bonds to the Special Tax Revenues and the funds and
lO q53
accounts established and described in the Fiscal Agent Agreement are in all respects subordinate to the rights
and claims of the Bonds, or (b) after the issuance and delivery of such bonds, none of the Bonds shall be
Outstanding. The Bonds defeased pursuant to the Fiscal Agent Agreement or Bonds in exchange or in lieu of
which other bonds have been delivered are not considered to be Outstanding.
Service Schedule
The table below sets forth thc scheduled payments of principal and interest for the Bonds, including
debt service totals.
TABLE 2
City of Rancho Cucamonga
Community Facilities District No. 2000-03
2005 Special Tax Bonds
Debt Service Schedule*
Year Ending Non Escrow Bonds Escrow Bonds Total Debt
(September 1) Principal Interest(a) Principal Interest(a) Service
2006 $0 $224,152 $0 $228,895 $453,047
2007 90,000 246,773 80,000 251,995 668,768
2008 95,000 243,443 85,000 249,035 672,478
2009 95,000 239,595 85,000 245,593 665,188
20 i 0 100,000 235,605 90,000 242,023 667,628
2011 100,000 231,255 95,000 238,108 664,363
2012 105,000 226,755 100,000 233,833 665,588
2013 110,000 221,925 105,000 229,233 666,158
2014 115,000 216,755 110,000 224,298 666,053
2015 120,000 211,235 115,000 219,018 665,253
2016 125,000 205,355 120,000 213,383 663,738
2017 130,000 199,105 125,000 207,383 661,488
2018 135,000 192 540 130,000 201,070 658,610
2019 140,000 185 655 140,000 194,440 660,095
2020 145,000 178 445 145,000 187,230 655,675
2021 155,000 170 905 155,000 179,690 660,595
2022 160,000 162 768 160,000 171,553 654,320
2023 165,000 154 368 170,000 163,153 652,520
2024 175,000 145 705 180,000 154,228 654,933
2025 185,000 136 518 190,000 144,778 656,295
2026 190,000 126,805 200,000 134,803 651,608
2027 200,000 116,735 210,000 124,203 650,938
2028 210,000 106,135 220,000 113,073 649,208
2029 220,000 95,005 230,000 101,413 646,418
2030 230,000 83,345 245,000 89,223 647,568
2031 240,000 71,155 255,000 76,238 642,393
2032 255,000 58,315 270,000 62,595 645,910
2033 265,000 44,673 285,000 48,150 642,823
2034 280,000 30,495 300. )00 32,903 643,398
2035 290,000 15,515 315,000 16,853 637,368
TOTAL $4,825,000 $4,777,032 $4,910,000 $4,978,383 $19,490,415
Preliminary, subject to change.
Represents total annual interest payments. Interest is payable on March 1 and September 1 of each year. Interest
payable through March 1, 2007 has been capitalized from Bond proceeds.
i2
SECURITY FOR TI-Ii~ BONDS
General
The Bonds arc secured by and payable from an irrevocable first lien on the Special Tax Revenues
(defined below) and monies on deposit in the following funds established pursuant to the Fiscal Agent
Agreement: the Bond Fund, the Reserve Fund, and thc Redemption Fund, until disbursed as provided in the
Fiscal Agent Agreement. Amounts in the Project Fund, the Cost of Issuance Fund, the Escrow Fund, the Spccial
Tax Fund, the Administrative Expense Fund and thc Rebate Fund established pursuant to thc Fiscal Agent
Agreement are not pledged to the repayment of the Bonds. Such "Special Tax Revenues," for purposes of the
Bonds, include the proceeds of Special Taxes received by the City, including any scheduled payments and any
prepayments of such Special Taxes, accrued interest and proceeds of the redemption or sale of property sold as a
result of foreclosure of the lien of such Special Taxes to the amount of such lien and accrued interest; provided,
however, such Special Tax Revenues do not include amounts retained by thc Director of Finance for deposit in
the Administrative Expanse Fund and any penalties collected in connection with such Special Taxes that are
delinquent. Such Special Tax Revenues and all monies deposited into the above referenced funds (except as
otherwise provide in the Fiscal Agent Agreement) are dedicated to the payment of the principal of and interest
and premium on, the Bonds as provided in the Fiscal Agent Agreement and the Act until all of the Bonds have
been paid and retired or until monies or Federal Securities have been set aside irrevocably for that purpose in
accordance with the provisions of the Fiscal Agent Agreement.
No Pledge of the Facilities.
The Facilities constructed and acquired with the proceeds of the Bonds are not in any way pledged to
pay the debt service on, nor do such Facilities secure in any way payment oft debt service on the Bonds. Any
proceeds of condemnation or destruction of any Facilities financed with the proceeds of the Bonds are not
pledged to pay debt service on the Bonds.
Limited Obligation
Neither the full faith and credit nor the general taxing power of the City, the Connty, the State, or
any political subdivision is pledged to the payment of the Bonds. The Bonds are not general obligations of
the District or the City. The Bonds are limited obligations of the District payable solely from the proceeds
of the Special Taxes and other sources described in the Fiscal Agent Agreement and held by the Fiscal
Agent.
The Special Taxes
Approval of the Special Tax.
On September 20, 2000, the City Council established the District in accordance with the provisions of
the Act. In a special election held following the establishment of the District, the qualified electors within the
District, the owners of land within the District, authorized the issuance of Bonds in the maximum principal
amount of $3,000,000 and the levy of special taxes according to the Prior Rate and Method. On June 15, 2005,
the City Council approved resolutions amending the special tax within the District and the increasing authorized
maximum principal bonded indebtedness. Following the approval of such resolutions, the qualified electors
with the District authorized the issuance of bonds in the maximum principal amount of $10,000,000 and the levy
of special taxes in accordance with the Rate and Method, a copy of which is attached in Appendix B. The City
Council, acting as the legislative body of the District, will establish tax rates to levy and apportion the special
tax against property within the District on an annual basis.
District Covenant to Levy the Special Tax.
Under the Fiscal Agent Agreement, the City is required to comply with all requirements of the Act so as
to assure the timely collection of the Special Tax Revenues, including without linfitation, the enforcement of
delinquent Special Taxes.
On or within 5 Business Days of each June 1, the Fiscal Agent shall provide the Director of Finance of
the City with a notice stating the amount then on deposit in the Interest Account and Principal Account of the
Bond Fund, and the Reserve Fund, and informing thc City that the Special Taxes may need to be levied pursuant
to the Ordinance as necessary to provide for Annual Debt Service and Administrative Expenses and
replenishment (if necessary) of the Reserve Fund so that the balance equals the Reserve Requirement. The
receipt of or failure to receive such notice by the Director of Finance in no way affects the obligations of the
Director of Finance described below. Upon receipt of such notice, the Director of Finance shall communicate
with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into
account any parcel splits during the preceding and then current year.
The Director of Finance shall effect the levy of the Special Taxes within the District each Fiscal Year in
accordance with the Ordinance No. 744 by each July 15 that the Bonds are Outstanding, or otherwise such that
the computation of the levy is complete before the final date on which Auditor will accept the transmission of
the Special Tax amounts for the parcels within the District for inclusion on the next real property tax roll. Upon
the completion of the computation of the amounts of the levy, the Director of Finance shall prepare or cause to
be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the
Special Taxes on the next real property tax roll.
The Director of Finance shall fix and levy the amount of Special Taxes within the Disthct required for
the payment of principal of and interest on any Outstanding Bonds becoming due and payable during the
ensuing year, including any necessary replenishment or expenditure of the amount within the Reserve Fund for
such Bonds and an amount estimated to be sufficient to pay the Adm/nistrative Expenses (including amounts
necessary to discharge any rebate obligation owing to the federal government) during such year, taking into
account the balances in such funds and in the Special Tax Fund. The Special Taxes so levied shall not exceed
the authorized amounts as provided in the proceedings pursuant to the Rate and Method.
Duration of Special Tax Levy.
The Special Taxes shall be levied for a period not to exceed 50 years commencing with Fiscal Year
2005-2006; provided, however, Special Taxes will cease to be levied within the District in an earlier Fiscal Year
if the CFD Administrator (as such term is defined in the Rate and Method) has determined that all required
interest and principal payments on the Bonds secured by and payable fi.om such Special Taxes have been paid.
Covenant not to Reduce Special Tax Rates Unless Certain Conditions are MeL
The City has covenanted in the Fiscal Agent Agreement, that to the maximum extent that the law
permits it to do so, that the City shall not initiate proceedings to reduce the Maximum Special Tax Rate for
Special Tax A (as such term is defined in the Rate and Method) unless, in connection therewith, (i) the City
receives a certificate from one or more Tax Consultants which, when taken together, certify that, on the basis of
the parcels of land and improvements existing in the District as of the July 1 preceding the reduction, the
Maximum Annual Special Tax A which may be levied on all Assessor's Parcels (as such term is defined in the
Rate and Method) of taxable property within the District on which a completed structure is located in each
Fiscal Year will equal at least 110% of the sum of the gross debt service on all Bonds to remain Outstanding
plus the Administrative Expense Requirement after the reduction is approved and will not reduce the Maximum
Annual Special Tax A payable from parcels within the District on which a completed structure is located to less
than the sum of 110% of Maximum Annual Debt Service, and (ii) the City Council finds pursuant to the Fiscal
Agent Agreement that any reduction made under such conditions will not adversely affect the interests of the
14 q57
Bondowners. Any reduction in the Maximum Annual Special Tax A approved pursuant to the preceding
sentence may be approved without the consent of the Bondowners.
The City has covenanted in the Fiscal Agent Agreement that, if any initiative is adopted by the qualified
electors which purports to reduce the Maximum Annual Special Tax A below the levels authorized under the
Rate and Method, or to limit the power or authority of the District to levy Special Taxes under the Rate and
Method, the District will commence and pursue legal action in order to preserve the authority and power of the
District to levy Special Taxes, from funds available under the Fiscal Agent Agreement.
Manner of Collection.
The Special Taxes will be collected in the manner and at the same time as ad valorem property taxes are
collected by the County; provided, however, the City may directly bill the Special Taxes at a different time or in
a different manner if necessary to meet its financial obligations. In cases of delinquency, the Special Taxes will
generally be subject to the same penalties and the same procedures, sale and lien priority as is provided for ad
valorem property taxes.
Taxes are levied by the County for each Fiscal Year on taxable real property that is situated in the
County as of the preceding January 1. Property taxes on the secured roll (that is, taxes against real property
having a tax lien that is sufficient, in the opinion of the County Assessor, to secure payment of the taxes) are due
in two installments, on November 1 and February 1 of each Fiscal Year. If unpaid, such taxes become
delinquent on December 10 and April 10, respectively, and a 10% penalty attaches to any delinquent payment.
Property on the secured roll with respect to which taxes are delinquent become tax defaulted on June 30 of the
Fiscal Year; such property may thereafter be redeemed by payment of the penalty set forth in the Revenue and
Tax Code, together with the defaulted taxes, the delinquency penalty, costs, and a redemption fee. If taxes are
unpaid for a period of five years or more, the property is subject to auction sale by the County.
Because the District does not participate in the "Teeter Plan" (which is the County's Alternative Method
of Distribution of Tax Levies and Collections and of Tax Sale Proceeds, as provided for in Section 4701 et seq.
of the California Revenue and Taxation Code), collections of assessments and Special Taxes will reflect actual
delinquencies.
Deposit and Application of Special Taxes.
Under the Fiscal Agent Agreement, all proceeds of the annual Special Taxes (except prepayments of
Special Taxes and amounts retained by the Director of Finance for deposit into the Administrative Expense
Account in the amounts of each applicable Administrative Expense Requirement to pay Administrative
Expenses) are to be deposited in the Special Tax Fund established by the Fiscal Agent Agreement, and applied
as follows:
1. The Fiscal Agent shall deposit in the Interest Account of the Bond Fund, on each
Interest Payment Date and date for redemption of the Bonds, an amount required to cause the aggregate
amount on deposit in the Interest Account to equal the amount of interest due or becoming due and
payable on such Interest Payment Date on all Outstanding Bonds or to be paid on the Bonds being
redeemed on such date.
2. The Fiscal Agent shall deposit in the Principal Account of the Bond Fund, on each
Interest Payment Date and redemption date on which principal of the Bonds, including sinking fund
payments, shall be payable, including sinking fund payments, an amount required to cause the aggregate
amount on deposit in the Principal Account to equal the principal amount of, and premium (if any) on,
the Bonds coming due and payable on such Interest Payment Date, or required to be redeemed on such
date pursuant to the Fiscal Agent Agreement.
3. On or after March 2 and September 2 of each year after making the transfer and
deposits required under paragraphs 1 and 2 above, the Fiscal Agent shall transfer the amount, if any,
necessary to replenish the amount then on deposit in the Reserve Fund to an amount equal to the
Reserve Requirement.
4. On or after September 2 of each year after making the deposits and transfers required
under paragraphs 1 through 3 above, upon receipt of written instructions from an Authorized Officer,
the Fiscal Agent shall transfer from the Special Tax Fund to the Rebate Fund the amount specified in
such request.
5. On or after September 2 of each year after making the deposits and transfers required
under paragraphs 1 through 4 above, upon receipt of a written request of an Authorized Officer, the
Fiscal Agent shall transfer from the Special Tax Fund to the Administrative Expense Fund the amounts
specified in such request to pay those Administrative Expenses which the District reasonably expects (a)
will become due and payable during such Fiscal Year or the cost of which Administrative Expenses
have previously been incurred and paid by the District from funds other than the Administrative
Expense Fund and (b) the cost of which Administrative Expenses will be in excess of the Administrative
Expense Requirement for such Fiscal Year.
6. If, on or after September 2 of each year, after making the deposits and transfers required
under paragraphs 1 through 5 above, monies remain in the Special Tax Fund, such monies shall remain
on deposit in the Special Tax Fund and shall be subsequently deposited or transferred pursuant to the
provisions of paragraphs 1 through 5 above.
Special Taxes are not a Personal Obligation.
Although the Special Taxes will constitute a lien on property subject to taxation within the District in
which such property is located, it does not constitute a personal indebtedness of the owners of such property.
There is no assurance that the property owners will be financially able to pay the annual Special Tax or that they
will pay such tax even if financially able to do so. The risk of the property owners not paying the annual Special
Tax is more fully described in "BONDOWNERS' RISKS - Collection of the Special Taxes."
The Rate and Method
The District is legally authorized, and with respect to Special Tax A has covenanted in the Fiscal Agent
Agreement, to cause the levy of special taxes within the District in accordance with the Rate and Method.
Special Tax A is collected to finance the Facilities. Special Tax B is collected to finance certain public services.
The Bonds are secured solely by Special Tax A, which is referred to herein as the Special Taxes or Special Tax
A. The Rate and Method apportions the total amount of Special Tax A and Special Tax B to be collected among
the Taxable Property within the District as more particularly described therein. Excerpts from the Rate and
Method are provided below. All capitalized terms used in the following summary and not otherwise defined
herein shall have the meanings given to such terms in the Rate and Method as set forth in Appendix B hereto.
Assignment to Land Use Categories. Each Fiscal Year, all Taxable Property within the District shall
be assigned to a Zone and further classified as Developed Property, Taxable Public Property, Taxable Property
Owner Association Property, or Undeveloped Property, and shall be subject to special taxes in accordance with
the Rate and Method. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-
Residential Property shall be assigned to Land Use Class 11 as described in Table A.
The Maximum Special Tax for Residential Property shall be based on the Residential Floor Area of the
dwelling unit(s) located on the Assessor's Parcel. The Maximum Special Tax A and Maximum Special Tax B
for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel. The Maximum Special
Tax A and Maximum Special Tax B for any Assessor's Parcel of Developed Property containing more than one
Land Use Class shall be determined as set forth below.
Developed Property.
Maximum Special Tax. The Maximum Special Tax A for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax A
or (ii) the amount derived by application of the Backup Special Tax A. The Maximum Special Tax B for each
Land Use Class of Developed Property is shown below in Table A below. The Maximum Special Tax for each
Assessor's Parcel classified as Developed Property shall be the Maximum Special Tax A plus the Maximum
Special Tax B.
Assigned Special Tax A and Maximum Special Tax B. The Fiscal Year 2005-2006 Assigned Special
Tax A and Maximum Special Tax B for each Land Use Class is shown in Table A below.
TABLE A
City of Rancho Cucamonga
Community Facilities District No. 2000-03
(Rancho Summit)
Assigned Special Tax A and Maximum Special Tax B for Developed Property in
Fiscal Year 2005-2006
Land Use Residential Floor Assigned Special Maximum Special
Class Description Area Tax A°) Tax B
1 Residential Property < 1,850 s.f. $1,707 per unit $945 per unit
2 Residential Property 1,850 - 2,049 s.f. $1,899 per unit $945 per unit
3 Residential Property 2,050 2,249 s.f. $2,027 per unit $945 per unit
4 Residential Property 2,250 2,449 s.f. $2,046 per unit $945 per unit
5 Residential Property 2,450 - 2,649 s.f. $2,061 per trait $945 per unit
6 Residential Property 2,650 - 2,849 s.f. $2,235 per unit $945 per unit
7 Residential Property 2,850 - 3,049 s.f. $2,462 per unit $945 per unit
8 Residential Property 3,050 - 3,249 s.f. $2,527 per unit $945 per unit
9 Residential Property 3,250 - 3,449 s.f. $2,677 per unit $945 per unit
10 Residential Property => 3,450 s.f. $2,696 per unit $945 per unit
11 Non-Residential Property NA $12,600 per Acre $4,683 per Acre
(~) Special Tax A shall be levied to finance the acquisition and construction of the public improvements. Special Tax A is
not subject to increase.
(2) Special Tax B shall be levied to finance certain public services and does not represent security for the Bonds. Special
Tax B is subject to an annual increase not to exceed 6%.
Increase in the Assigned Special Tax A and Maximum Special Tax B. The Fiscal Year 2005-2006
Assigned Special Tax A, identified in Table A above, shall not be subject to change and shall therefore remain
the same in every Fiscal Year. On each July 1, commencing on July 1, 2006, the Maximum Special Tax B listed
in Table A above shall be increased based on the percentage change in the Consumer Price Index, with a
maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal
Year.
Backup Special TaxA. The Fiscal Year 2005-2006 Backup Special Tax A for an Assessor's Parcel of
Developed Property in Zone 1 shall equal $9,601 per Acre or portion thereof. The Fiscal Year 2005-2006
Backup Special Tax A for an Assessor's Parcel of Developed Property in Zone 2 shall equal $14,824 per Acre
or portion thereof. The Backup Special Tax A applicable to Zone 1 or Zone 2 shall not be subject to change and
shall therefore remain the same in every Fiscal Year.
Multiple Land Use Classes. In some instances an Assessor's Parcel of Developed Property may contain
more than one Land Use Class. The Maximum Special Tax A and Maximum Special Tax B levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax A and Maximum Special Tax B, respectively
for all Land Use Classes located on that Assessor's Parcel. For an Assessor's Parcel that contains both
Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to
each type of property based on the amount of Acreage designated for each land use as determined by reference
to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of
property shall be final, unless the special tax is appealed by the property owner.
Undeveloped Property~ Taxable Public Property~ and Taxable Property Owner Association
Property.
Maximum Special Tax A. The Fiscal Year 2005-2006 Maximum Special Tax A for Undeveloped
Property, Taxable Public Property, and Taxable Property Owner Association Property in Zone 1 or Zone 2 shall
be $14,824 per Acre or portion thereof.
Maximum Special Tax B. The Fiscal Year 2005-2006 Maximum Special Tax B for Undeveloped
Property in Zone 1 or Zone 2 shall be $4,683 per Acre or portion thereof. Taxable Public Property and Taxable
Property Owner Association Property shall not be subject to a Maximum Special Tax B.
Increase in the Maximum Special Tax. The Fiscal Year 2005-2006 Maximum Special Tax A for
Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall not be
subject to change and shall therefore remain the same in every Fiscal Year. On each July 1, commencing on
July 1, 2006, the Maximum Special Tax B for Undeveloped Property identified above shall be increased based
on the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%)
and a minimum annual increase of two percent (2%) per Fiscal Year.
Method of Apportionment of the Special Tax.
Special Tax A. Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the
Council shall determine the Special Tax Requirement for Facilities and shall levy the Special Tax A until the
total Special Tax A levy equals the Special Tax Requirement for Facilities. The Special Tax A shall be levied
each Fiscal Year as follows:
First: The Special Tax A shall be levied on each Assessor's Parcel of Developed Property in an amount
equal to 100% of the applicable Assigned Special Tax A;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the
first step has been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of
Undeveloped Property at up to 100% of the Maximum Special Tax A for Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the
first two steps have been completed, then the levy of the Special Tax A on each Assessor's Parcel of Developed
Property in Zone 1 and Zone 2 whose Maximum Special Tax A is determined through the application of the
Backup Special Tax A shall be increased in equal percentages from the Assigned Special Tax A up to the
Maximum Special Tax A for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the
first three steps have been completed, then the Special Tax A shall be levied Proportionately on each Assessor's
Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to the Maximum
Special Tax A for Taxable Public Property and Taxable Property Owner Association Property.
Notwithstanding the above the City Council may, in any Fiscal Year, levy Proportionately less than
100% of the Assigned Special Tax A in step one (above), when (i) the Council is no longer required to levy the
Special Tax A pursuant to steps two through four above in order to meet the Special Tax Requirement for
Facilities; and (ii) all authorized Bonds have already been issued or the Council has covenanted that it will not
issue any additional Bonds (except refunding bonds) to be supported by the Special Tax A.
Further notwithstand'mg the above, under no circumstances will the Special Tax A levied against any
Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been
issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any
other Assessor's Parcel within the District.
Special Tax B. Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the City
Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax B until the
total Special Tax B levy equals the Special Tax Requirement for Services. The Special Tax B shall be levied
each Fiscal Year as follows:
First: The Special Tax B shall be levied Proportionately on each Assessor's Parcel of Developed
Property at up to 100% of the applicable Maximum Special Tax B;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Services afier the
first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of
Undeveloped Property, which as of January 1 of the previous Fiscal Year was located within a Final
Subdivision, at up to 100% of the Maximum Special Tax B for Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Services after the
second step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of
Undeveloped Property, which as of January 1 of the previous Fiscal Year was not located within a Final
Subdivision, at up to 100% of the Maximum Special Tax B for Undeveloped Property;
Exemptions
Special Tax A. No Special Tax A shall be levied on up to 21.88 Acres of Public Property and/or
Property Owner Association Property in Zone 1 and up to 38.41 Acres of Public Property and/or Property
Owner Association Property in Zone 2. Tax-exempt status will be assigned by the CFD Administrator in the
chronological order in which property becomes Public Property or Property Owner Association Property.
However, should an Assessor's Parcel no longer be classified as Public Property or Property Owner Association
Property, its m-exempt status will be revoked.
Public Property or Property Owner Association Property that is not exempt from the Special Tax A
under this section shall be subject to the levy of the Special Tax A and shall be taxed Proportionately as part of
the fourth step for Special Tax A above, at up to 100% of the applicable Maximum Special Tax A for Taxable
Public Property or Taxable Property Owner Association Property.
19 q/ Z
Special Tax B. No Special Tax B shall be levied on Public Property and Property Owner Association
Property in Zone 1 and/or Zone 2.
Manner of Collection.
The Special Tax A and Special Tax B will be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that the District may directly bill the Special Tax, may
collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations,
and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the
Act.
Prepayment of Special Taxes.
The Special Tax A may be prepaid in the manner set forth in the Rate and Method. See "Appendix B -
Amended and Restated Rate and Method of Apportionment." However, the Special Tax levied upon lots
located within Tracts 14759 and 14759-3, consisting of 180 lots, cannot be prepaid. Until such time that a final
subdivision map is recorded on Tracts 14759 and 14759-3, Tracts 14759 and 14759-3 are classified as
"Undeveloped Property." Pursuant to the Rate and Method, prepayments for Undeveloped Property cannot
occur until a building permit has been issued for such property. The City will not permit building permits to be
issued until the subdivision map has been recorded for Tracts 14759 and 14759-3, which map will not be
approved by the City until the Easement is released. Thus, the Special Taxes levied on Tracts 14759 and 14759-
3 cannot be prepaid. See "THE DISTRICT - General Description and Location of the District - Project
Approval."
Specid Taxes for Projec~
The annual levy of Special Taxes at buildout o£the Developer's project, which is anticipated to occur in
September 2007, is surmnarized on the basis of the anticipated floor plan of each lot. In addition, the table
below also identifies the difference between Special Taxes levied for homes within Flood Zone D and those
outside of Flood Zone D. See "THE DISTRICT" for additional information.
TABLE 3
City of Rancho Cucamonga
Community Facilities District No. 2000-03
Proposed Development and Special Taxes
Units Located in Units Located in
Tr. 14759-1 14759-2 & 15588 Tr. 14759-3 & 14759(2×3~
Anticipated Tr 14759-1 Tr 15588 Tr 14759-2 Tr 14759-3 Tr 14759 Annual Assigned Total Annual Total Annual Total Annual
Square Number Number Number Number Number Special Tax A Special Tax A Number Special Tax A Number Special Tax A
Floor Plan Footaee°l of UnitsItl of Units°l of Units°/ of Units/~l of Units°l Iper unit) at Buildout of Unitslu at Buildout of Units°l Ot Buildout
HERITAGE
Small Product 1 1,860 0 0 9 9 4 $1,899 $41,778 9 $17,091 13 $24,687
Small Product - 2 1,969 0 0 9 12 15 1,899 68,364 9 17,091 27 51,273
Small Product - 3 2,132 0 0 19 17 15 2,027 103,377 19 38,513 32 64,864
Small Product - 4 2,378 0 0 23 24 22 2,046 141,174 23 47,058 46 94,116
Small Product- 5 2,607 0 0 12 15 15 2,061 86,562 12 24,732 30 61,830
Small Product - 6 2,688 0 0 13 17 15 2,235 100,575 13 29,055 32 71,520
LEGACY
Large Product- l 2,792 7 I 0 0 0 2,235 17,880 8 17,880 0 0
Large Product 2 2,930 9 I 0 0 0 2,462 24,620 10 24,620 0 0
Large Product- 3 3,204 29 0 0 0 0 2,527 73,283 29 73,283 0 0
Large Product- 4 3,369 23 0 0 0 0 2,677 61,571 23 61,571 0 0
Large Product 5 3,523 25 0 0 0 0 2,696 67,400 25 67,400 0 0
Total N/A 93 2 85 94 86 N/A $786,584 180 $418,294 180 $368,290
Source: David Taussig and Associates, Inc.; The Developer.
Ol Provided by the Developer.
(21 Administration allocation to units outside and within Tracts 14759-3 and 14759 is based on proportionate share of Assigned Special Taxes.
OI Conslruction of homes on the 180 lots located within Tracts 14759-3 and 14759 cannot occur until the Easement owned by the Flood Control District is released for
71 lots located within the Zone D special flood zone within such tracts. Building permits for Tracts 14759-3 and 14759 cannot occur until the final map is recorded.
The Developer is in the process of obtaining grading permits for such Tracts with grading anticipated and be completed in the fourth quarter of 2005.
Special Tax Revenue - Debt Service Coverage.
For fiscal year 2006-07 (the first year in which Special Tax A will be levied) and in each year thereafter,
the annual Maximum Special Tax A that may be levied on Taxable Property in the District less administrative
expenses exceeds 110% of the annual debt service expected to be due on the Bonds.
Reserve Fund
The Fiscal Agent Agreement requires that the Fiscal Agent establish and maintain a Reserve Fund for
the Bonds in an amount equal to the Reserve Requirement. Except as otherwise provided in the Fiscal Agent
Agreement, all amounts deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely
for the purpose of making transfers to the Bond Fund in the event of any deficiency at any time in the Bond
Fund of the amount then required for payment of the principal of, and any interest and premium on, the Bonds.
If Special Taxes for any property within the District are prepaid and Bonds are to be redeemed with the
proceeds of such prepayment, a proportionate amount of the Reserve Fund will be applied to the redemption of
such Bonds.
The Reserve Requirement for the Bonds will be funded initially from the proceeds of the sale of the
Bonds. See Appendix C - Summary of The Fiscal Agent Agreement".
Delinquent Special Taxes; Covenant To Foreclose
Sale of Property for Nonpayment of Real Property Taxes.
The Fiscal Agent Agreement provides that the Special Taxes are to be levied within the District and
collected in the same manner as ordinary ad valorem property taxes are collected; provided, however, the Fiscal
Agent Agreement further provides that the District may directly bill the Special Taxes or may collect the Special
Taxes at a different time or in a different manner if necessary to meet its financial obligations. Except as
provided in the special covenant for foreclosure described below and in the Act, the Special Taxes that are
collected in the same manner as ordinary ad valorem property taxes are subject to the same penalties and the
same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes.
Under these procedures, if taxes are unpaid for a period of five years or more, the property is subject to sale by
the County.
Judicial Foreclosure Proceedings.
Under Section 53356.1 of the Act, if any payment of the Special Tax for a taxable parcel is delinquent,
the City may order the institution of a court action to foreclose the lien on the Taxable Parcel within specified
time limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure
sale. The ability of the City to foreclose the lien of delinquent unpaid Special Taxes may be limited in certain
instances and may require prior consent of the property owner if the property is owned by or in receivership of
the Federal Deposit Insurance Corporation (the "FDIC"). See "BONDOWNERS' RISKS - Bankruptcy and
Foreclosure Delays."
Such judicial foreclosure action is not mandatory. However, the City has covenanted (the "Foreclosure
Covenant") in the Fiscal Agent Agreement that on or before March 1 and June 1 of each Fiscal year, the City
will review the public records of the County in connection with the Special Taxes levied in such Fiscal Year to
determine the amount of Special Taxes actually collected in such Fiscal Year. If the City detemfines that (a) any
single parcel subject to the Special Taxes is delinquent in the payment of Special Taxes in the aggregate of
$3,000 or more or (b) any single parcel or parcels under common ownership subject to the Special Taxes are
delinquent in the payment of Special Taxes in the aggregate of $10,000 or more, the City shall, not later than 45
days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate
payment thereof) to the property owner. The City shall cause judicial foreclosure proceedings to be commenced
22
and filed in the Superior Court not later than 90 days after such determination against any parcel for which a
notice of delinquency was given and for which the Special Taxes remain delinquent. If the City determines that
it has collected less than 90% of the Special Taxes levied in the such Fiscal Year, then the City shall, not later
than 45 days of such determination, send or cause to be sent a notice of delinquency (and a demand for
immediate payment thereof) to the owner of each delinquent parcel (regardless of the mount of such
delinquency). The City will cause judicial foreclosure proceedings to be commenced and filed in the Superior
Court not later than 90 days after such determination against any parcel for which a notice of delinquency was
given pursuant to this section and for which the Special Taxes rem~m delinquent.
Subject to the maximum rates, the Rate and Method is designed to generate from all non-exempt
property witlfm the District the current year's debt service on the Bonds, administrative and other expenses, and
replenishment of the Reserve Fund for the Bonds to the Reserve Requirement. However, if foreclosure
proceedings are necessary, and the Reserve Fund has been depleted, there could be a delay in payments to
Owners of the Bonds pending prosecution of the foreclosure proceedings and receipt by the District of the
proceeds of the foreclosure sale.
Priority of Lien.
The Act specifies that the Special Taxes will have the same lien priority as ad valorem property taxes in
the case of delinquency but does not further specify the priority relationship, if any, between the Special Taxes
and other special taxes, assessments and ad valorem taxes on a taxed parcel. The District (and other
jurisdictions) may levy additional special taxes to £mance other infrastructure needed for the development of the
propc~y in the District. See "THE DISTRICT - Cumulative Tax, Assessment and Fee Burden on Property".
If foreclosure proceedings were ever instituted, any holder of a mortgage or deed of trust on the affected
property could, but would not be required to, advance the amount of the delinquent Special Tax payment to
protect its security interest.
Sufficiency of Foreclosure Sale Proceeds.
No assurances can be given that a judicial foreclosure action, once commenced, will be completed or
that it will be completed in a timely manner. See "BONDHOLDER'S RISKS - Bankruptcy and Foreclosure
Delays." If a judgment of foreclosure and order of sale is obtained, the judgment creditor, i.e., the District or the
City acting on behalf of the District, must cause a Notice of Levy to be issued. Under current law, a judgment
debtor, i.e., the property owner, has 120 days for residential property (up to a four plex) and 20 days for other
property from the date of the service of the Notice of Levy and 20 days from the subsequent notice of sale in
which to redeem the property to be sold. If a judgment debtor fails to so redeem and the property is sold, the
former owner's only remedy is an action to set aside the sale, which must be brought within 90 days of the date
of the sale. If, as a result of such action, a foreclosure sale is set aside, the judgment is revived and the judgment
creditor is entitled to interest on the revived judgment as if the sale had not been made. The constitutionality of
the aforementioned legislation, which repeals the former one-year redemption period, has not been tested; and
there can be no assurance that, if tested, such legislation will be upheld. Any parcel subject to foreclosure sale
must be sold at the minimum bid price unless a lesser minimum bid price is authorized by the Owners of 75% of
the principal amount of the Bonds.
No assurance can be given that the real property subject to sale or foreclosure will be sold or, if
sold, that the proceeds of sale wffi be sufficient to pay any delinquent Special Tax installment. The Act
does not require the City or the District to purchase or otherwise acquire any parcel of property offered
for sale or subject to foreclosure if there is no other purchaser at such sale or if the bid of any prospective
purchaser is less than the minimum bid price.
If the Reserve Fund for the Bonds is depleted and delinquencies in the payment of Special Taxes exist,
there could be a default or delay in payments to the owners of the affected Bonds pending prosecution of
foreclosure proceedings and receipt by the District or the City of the foreclosure sale proceeds, if any.
24
DISTRICT AERIAL MAP
TH E DISTRICT
General Description and Location of the District
The District.
The District consists of'approximately 132.94 gross acres of land, some of which is under development,
located along the northeastern portion of the City comprised of Tracts 15588, 14759, 14759-1, 14759-2 and
14759-3.
The District was formed by the City on September 20, 2000 under the Act following a public hearing
held on such date. Following the formation of' the District, the City conducted a special election at which the
qualified electors of the District approved the lcvy~of special taxes within the Disthct and the issuance of'bonds
secured by such special taxes. The District approved the resolutions on June 15, 2005 amending the amount of
bonded indebtedness, rate and method of apportionment of special taxes, and the list of facilities authorized to
be financed through Bond Proceeds. Following the adoption of the resolutions, the City conducted a special
election at which qualified electors of the District approved such amendments.
The property with'm the District is currently owned by Pulte Home Corporation, a Michigan corporation,
whose parent company is Pulte Homes, Inc., a Michigan corporation ("Pulte"), a Fortune 200 company with
operations in 47 markets and 27 states. The Developer expects to construct 360 single family homes in two
separate projects within the District to be known as Legacy at Rancho Summit (95 homes) and Heritage at
Rancho Summit (265 homes). As of August 1, 2005, 93 Legacy lots were in finished condition, 2 Legacy lots
had been graded, and 85 Heritage lots had been graded with paved streets and wet utilities installed.
Construction on the remaining 180 lots has not begun. Grading on such lots is expected to commence in fourth
quarter of 2005. Purchase contracts have been entered into for 20 homes in the Legacy project. The Developer
expects first escrows to close by fourth quarter of 2005 for the Legacy project.
Project Approval.
The final map for Tract 14759-1 was recorded on June 8, 2005. The City's Design Review Committee
has approved site development plans for Tracts 14759, 14759-2 and 14759-3 and the City's Planning
Commission approved the site plans for such development on August 10, 2005. The Developer anticipates
recordation of the final map to occur by November 2005 for Tract 14759-2, by December 2005 for Tract 15588
and by first quarter of 2006 for Tracts 14759 and 14759-3.
CEQA. The City Council approved and certified a mitigated negative declaration (the "MND") on
November 23, 1999, for the subdivision and development of the property within the District in compliance with
the California Environmental Quality Act (Public Resources Code Section 21000 and following). The MND
was prepared to identify the potential impacts of the development of the property within the District on the
environment, to discuss alternatives and to propose mitigation measures to offset, minimize or otherwise avoid
significant environmental impacts of such development.
404 Army Corps of Engineers Permit. The United States Army Corps of Engineers has reviewed the
project application for development within the District under number 960006100-RRS and has approved the
application for such development under Nation Wide Permit Number 39.
Streambed Alteration. The project application was submitted to the California Department offish and
Game ("Fish and Game") on September 4, 2003. According to the Developer, the original Fish and Game 1603
Permit was issued on or about September 2003. On December 3, 2003, Fish and Game provided to Lennar
Communities (the prior property owner) a Streambed Alterations Agreement. A revised copy of such
Agreement was provided by Fish and Game on January 20, 2004. Fish and Game issued a revised 1603 Permit
on September 14, 2004 to include the Henderson levee and Banyon Street offsite improvements.
26
Geotechnical Report. Hilltop Geotechnical, Inc. was engaged by thc Developer to complete a
geoteehnical investigation of the property within the District. On November 13, 2003, Hilltop Geotechnical,
Inc. delivered its report describing thc site condition, results of their field exploration and laboratory testing,
conclusions and recommendations. Based upon the specific data and information contained in its report, Hilltop
Geotechnical, Inc. found in their professional opinion that the proposed development is geologically and
geotechnically feasible subject to implementation of the recommendations contained in such report.
The report states that the DisWict is not located within the boundaries of an Earthquake Fault Zone and
no faults are known to pass t~ough the District. However, several faults are in the area. The Cucamonga fault
zone is located within 3 miles of the District. The San Andreas fault zone is located approximately 12 miles to
thc north and the San Jacinto fault zone is approximately 6 miles southeast. All properties in California are
subject to some degree of seismic risk.
Flood Zone. Approximately, 71 lots within Tracts 14759 and 14759-3 arc located within Zone D
special flood zone area as designated by FEMA. In order to remove such property from the Zone D special
flood zone area, the Developer will need to complete certain improvements authorized by FEIVIA and obtain
approval of such improvements, as described below. In addition, a flood flow easement, referred to herein as
the Easement, owned by the San Bernardino County Flood Control District, referred to herein as the Flood
Control District, encumbers the 71 lots located within the Zone D special flood zone area. The Easement
corresponds to the lots located in thc Zone D special flood zone area. According to City policy, final maps for
Tracts 14759-3 and 14759, which are comprised of 180 lots, may not be recorded until the Easement is released
fi.om the 71 lots located in Zone D special flood zone area. The recordation ora final map is required for the
issuance of building permits. The Developer is in the process of securing a grading permit from the City and
intends to prepare Tracts 14759-3 and 14759 for development with grading to commence and be completed in
fourth quarter of 2005. The procedures for release of the Easement and removal of such property from the Zone
D special flood zone area described below.
FEM,,I. The 71 lots located within Zone D may be removed from the special flood zone area upon
compliance with applicable FEMA procedures and construction of certain improvements approved by FEMA to
mitigate flooding. The predecessor to the Developer submitted a conditional letter of map revision to FEMA to
release such lots from the Zone D on August 12, 1999, subject to further review and approval of improvements
to Etiwanda Creek Channel and related improvements. The Flood Control District entered into a contract for the
construction of such improvements and construction (the "Channel Improvements") of the Channel
Improvements has begun. As of August 15, 2005, approximately 30% of the Channel Improvements were
complete. Upon completion of the Channel Improvements and submission of and approval of a letter of map
revision (the "LOMR") to FEMA, it is anticipated that 71 lots will be released fi.om the Zone D flood zone.
Completion of the Channel Improvements is anticipated to occur in December 2005. Submittal of the LOMR to
FEMA is expected to occur by first quarter of 2006. Release of the property from Zone D flood zone is
expected to occur by the end of first quarter of 2006.
County Flood Control District. A flood flow easement owned by the Flood Control District, recorded
on January 31, 1941 in Book 1450 on Page 406 of the San BemartYmo County Official Records (the
"Easement") exists across 71 lots located within Tracts 14759-3 and 14759. The City will not allow the final
map to be recorded for Tracts 14759-3 and 14759, consisting of 180 lots, until the Easement is released from the
property. The Developer is currently in negotiations with the Flood Control District to release the Easement
from such tracts upon completion of the Channel Improvements. Information provided in this Official
Statement regarding the Easement has been provided by the Developer. Since no written agreement regarding
the Easement has been entered into between the Developer and the Flood Control District, thc information
contained in this Official Statement regarding the Easement is subject to change and there is no guarantee that
actions to be taken, or anticipated to be taken, in the future with regard to thc Easement will occur. The
Developer anticipates that the County will quitclaim thc Easement to the Developer upon completion of the
Channel Improvements and final payment, in cash or in-kind work, of the appraised value of the Easement and
another flood flow easement over parcels contained in Tract 14759-1, which was released on May 16, 2005 (the
"Related Easement"). The appraised value of the Easement and the Related Easement is $1.25 million,
collectively, and that the costs of acquiring the Easement may be offset by the Channel Improvements and other
flood control and related improvements which have been or will be constructed and financed by the Developer.
The Developer has secured a letter of credit in the amount of $1.25 million to secure the payment for the
Easement and the Related Easement. Execution and recordation of the quitclaim deed is anticipated to occur by
first quarter of 2006 upon completion of the Channel Improvements. Upon the recordation of the quitclaim deed
releasing the Easement for the Easement, the City will permit recordation of the final map for Tracts 14759-3
and 14759. A portion of the Bonds, in the principal amount of $4,910,000' will be held in escrow until the City
has received a copy of the duly executed and recorded release and/or quitclaim by the Flood Control District of
the Easement. Upon such release, the Developer may obtain building permits and proceed with the construction
of homes on all 180 lots located within Tracts 14759-3 and 14759. Only one release and transfer of moneys on
deposit in the Escrow Fund will be permitted pursuant to the Fiscal Agent Agreement.
Facilities to be Financed with the Bonds
The proceeds of the Bonds are intended to provide financing for a portion of the cost of the acquisition
and construction of the Facilities.
The cost of the Facilities will include the costs of engineering, design, planning, permitting, and
construction, coordination, together with other incidental costs.
The following table summarizes the estimated costs of the Facilities:
TABLE 4
City of Rancho Cucamonga
Community Facilities District No. 2000-03
Estimated Facilities Costs
Estimated
Facilities Description Cost
Regular Type Park $ 2,871,626
Equeslrian Facilities 138,784
Basketball Courts/Ball Fields 1,665,890
Landscape and Maintenance District Parkways 2,332,858
Offsite Improvements0) 1,107,407
TOTAL $ 8,116,565
Source: The Developer.
o) Includes offsite improvements to Banyan Street.
Absorption Study
The Market Absorption Study dated June 24, 2005 for the District has been prepared by Empire
Economics, Inc., Capistrano Beach, California (the "Market Absorption Consultant"). A copy of the Market
Absorption Study Summary and Conclusions is included herein as Appendix H. The Market Absorption
Consultant has estimated, based upon the analysis of relevant demographic and economic conditions in the San
Marcos area, the number and proportion of housing units and industrial development in the District that can be
expected to be marketed annually using the estimated absorption schedules for each of the product types. The
Market Absorption Study concludes that it will take four years for the final units to be constructed and sold to
homeowners and industrial property users, with final absorption occurr/ng in Spring 2009.
· Preliminary, subject to change.
28
The Market Absorption Study assumes that all required governmental approvals will be obtained, that
there are no physical impediments to construction such as earthquakes and hazardous waste, that the public
infrastructure necessary to develop will be provided in a timely manner, that the Developer will respond to
market conditions with products that are competitively priced and have the features and amenities desired by
purchasers, that the developers and their lenders have sufficient financial strength to fund adequately the
projects and that they have sufficient cash flow reserves to supplement their cash flow positions in the event that
adverse economic or market conditions occur. The actual absorption of units could be adversely affected if one
or more of the foregoing assumptions is not realized. See "Appendix H - Absorption Study."
Appraisal of Parcels
An Appraisal was prepared by thc Appraiser to ascertain the market value of the fee simple estate of the
property in the District subject to the levy of the Special Taxes as of July 5, 2005. Thc Appraisal was intended
to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of
Professional Appraisal Practice for a Summary Appraisal Report, and with the California Debt and Investment
Advisory Commission Appraisal Standards for Land Secured Financing. The Appraiser determined that as of
July 5, 2005, the property within the District was worth $85,580,000.
The Appraisal is attached as Appendix A. The City and the District make no representation as to the
accuracy or completeness of the Appraisal.
Direct and Overlapping Debt
The District is subject to existing authorized indebtedness payable fi.om taxes and assessments that are
authorized to be levied on property within the District. In addition, other public agencies may issue additional
indebtedness at any time, without the consent or approval of the City or the District. The direct and overlapping
indebtedness of the District, as of March I, 2005, is shown in the table below.
The Bonds are secured by the Special Taxes which may include amounts realized upon foreclosure sale
of delinquent parcels. Therefore, the ability of the District to meet debt service on the Bonds may depend on the
ability of delinquent parcels to generate sufficient proceeds upon foreclosure sale to pay delinquent Special
Taxes.
TABLE 5
City of Rancho Cueamonga
Community Facilities District No. 2000-03
Estimated Direct and Overlapping Debt Summary
Amount of Percent of Levy District Share
2004-2005 Levy on Parcels on Parcels in Total Debt of Total Debt
Overianoine District(1) Total Levy in the District the District Outstanding(2) Outstanding
Chaffcy Comm. College Disffict G.O. Bonds $5,955,890 $3,112 0.0523% $41,565,000 $21,721
Chaffey Joint Union HSD G.O. Bonds 7,866,170 7,608 0.0967% 114,580,000 110,823
Metropolitan Water District G.O. Bonds 100,114,039 1,671 0.0017% 447,475,000 7,471
Total Overlapping Dept 140,015
Plus: CFD No. 2000-03 Series 2005 Bonds 9,735,000
Estimated Share of Direct and Overlapping Debt 9,875,015
* Preliminary, subject to change.
Source: David Taussig and Associates, Inc.; County of San Bemardino Auditor/Controller's Office.
to Includes ad valorem, general obligation, special taxes, and standby charges that support any type of outstanding debt.
(2) As of March 1,2005.
29
Value to Lien Ratio
Table 6 below shows the allocation of bonded indebtedness secured by special tax liens to which the
property in the District is subject, the value of such property as set forth in the Appraisal, and the ratio of
property value to the bonded indebtedness allocated to such property. No assurance can be given that the
appraised values and amounts shown in this table will conform to those ultimately realized.
TABLE 6
City of Rancho Cncamonga
Community Facilities District No. 2000-03
Estimated Value-To-Lien Ratios
Estimated Estimated CFD No. Direct and Estimated
Taxable FY 2005-06 2000-03 Overlapping Overlapping Appraised Value-to-Lien
Classification AcreageO) Special Tax A121 Bonds(s) Debt141 Debt Value(s~ Ratios161
Tract 14759-1 and Tentative Tract 15588 29.97 $186,894 $4,015,939' $57,760 $4,073,698 $27550,000 6.69
Tentative Tract 14759-2 13.18 82,19l 1,766,102 * 25,401 1,791.503 22,300,000 12.45
Tentative Tract 14759-3 15.72 98,030 2,106,458' 30,296 2,136,755 18,880,000 8.84
Tentative Tract 14759 13.78 85,932 1,846"501 * 26,558 1,873,059 17.150.000 9.1~6
TOTAL 72.65 $453,047 9,735,000 $140,015 $9,875,015 $85,580,000 8.67
Source: David Taussig and Associates, Inc.; Brace W. Hull & Associates, Inc.; Stone & Youngberg LLC.
o) Provided by Pulte Homes.
121 Reflects amounts of Special Tax A based on development status as of March 1, 2005 that would have been levied if the
calendar year 2006 interest payments were not funded with bond proceeds. Preliminary, subject to change.
Allocated based on Hypothetical FY 2005-06 Special Tax A levy. Preliminary, subject to change.
141 Allocated based on estimated FY 2004-05 levy.
(5) Based on Appraisal.
Represents Appraised Value column divided by Direct and Overlapping Debt Column.
Cumulative Tax, Assessment and Fee Burden on Property
In addition to paying the Special Tax, property owners within the District will be obligated to pay ad
valorem property taxes and other existing and any additional special taxes, assessments, and fees (some of
which secure other debt issued by the City and overlapping jurisdictions). Under the City's "Statement of Goals
and Policies for the Use of the Mello-Roos Community Facilities Act of 1982" (the "Goals and Policies")
adopted on July 21, 1999, projected special taxes, when added to the existing ad valorem property tax and other
direct and overlapping debt for any parcel within a community facilities district, may not exceed 2% of the
projected assessed value of each improved parcel within the district upon completion of improvements to the
parcel. The District has determined that the projected tax, assessment and fee burden (including the Special
Taxes) conforms to the requirements of the Goals and Policies.
The following Sample Property Tax Bill generally includes long term obligations sold in the public
credit markets by public agencies whose boundaries overlap the boundaries of the District in whole or in part.
Such long term obligations generally are not payable from property taxes, assessment or special taxes on land in
the District. In many cases long term obligations issued by a public agency are payable only from the general
fund or other revenues of such public agency. Additional indebtedness could be authorized by other public
agencies at any time.
Table 7 below is the Sample Property Tax Bill for homes in Tax Rate Area 10005 (Tracts 15588, 14759,
14759-1, 14759-2 and 14759-3) of the District.
TABLE 7
City of Rancho Cncamonga
Community Facilities District No. 2000-03
Sample Property Tax Bill
(Fiscal Year 2005-06)
Percent of Home Size Home Size Home Size Home Size
Estimated Assessed Valuation and Property Taxes Total AV 1~969 SF 2~394 SF 2~925 SF 3~369 SF
Estimated Sales Price(~) $418,650 $447,083 $503,302 $544,026
Less: Homeowner's Exemp~tion (7,000) (7,000) (7,000) (7,000)
Estimated Assessed Value(z) 411,650 440,083 496,302 537,026
AD VALOREM PROPERTY TAXES(3)
Basic Levy 1.0000%o $4,117 $4,401 $41963 $5,370
Charley Community College District G.O. Bonds 0.0108% 44 48 54 58
Chaffey Joint Union High School District G.O. Bonds 0.0264% 109 116 131 142
Metropolitan Water District Mid-Valley G.O. Bonds 0.0058% 24 26 29 31
Total General Property Taxes and Overrides 1.0430% $4,294 $4,590 $5,176 $5,601
ASSESSMENTS, SPECIAL TAXES AND PARCEL
CHARGES
County Vector Control $10 $10 $10 $10
MWD Water Standby Charge 8 8 8 8
Landscape Maintenance District No. 7 307 307 307 307
Street Lighting Maintenance District No. 1 18 18 18 18
Street Lighting Maintenance Distr/ct No. 7 34 34 34 34
City of Rancho Cucamonga Fire Protection CFD No. 88-1 367 464 529 663
City of Rancho Cucamonga CFD No. 2000-03 Special Tax A(4) 1,899 2,046 2,462 2,677
City of Rancho Cucamonga CFD No. 2000-03 - Special Tax B(5) 945 945 945 945
Total Assessments, Special Taxes and Parcel Charges $3,587 $3,832 $4,313 $4,662
PROJECTED TOTAL PROPERTY TAXES $7,881 $8,422 $9,489 $10.263
Projected Total Effective Tax Rate (as % of Estimated 1.8825% 1.8837% 1.8854% 1.8865%
Sales Price)
Source: David Tanssig and Associates, Inc.; City of Rancho Cucamonga; and County of San Bemardino
Auditor/Controller's Office.
o) Estimated sales price based on Pr/ce Point Study prepared by the Market Absorption Consultant.
Assessed Value and ad valorem taxes incorporate owner-occupied AV exemption of $7,000.
(3) Based on FY 2004-05 ad valorem rates for Tax Rate Area 10005. Rates subject to change.
(4) Based on FY 2005-06 Assigned Special Tax A.
(5) Based on FY 2005-06 Assigned Special Tax B.
OWNERSHIP OF PROPERTY
The information contained herein regarding ownership of property in the District has been included
because it is considered relevant to an informed evaluation of the Bonds. The inclusion in this Official
Statement of information related to the Developer and Pulte should not be construed to suggest that the
Bonds, or the Special Taxes that will be used to pay debt service on the Bonds, are recourse obligations of
any property owner in the Districa .4 property owner may sell or otherwise dispose of land within the District
or a development or any interest therein at any time.
As the proposed land development progresses and parcels are sold, it is expected that the ownership
of the land within the District will become more diversified. No assurance can be given that the proposed
development of the land within the District will occur, or that it will occur in a timely manner or in the
configuration or intensity described in this Official Statement, or that the Developer will retain ownership of
any of the undeveloped land within the Districa The Bonds and the Special Taxes are not personal
obligations of landowners and, in the event that the Developer or any subsequent landowner defaults in the
payment of the Special Taxes, the District may proceed with judicial foreclosure but has no direct recourse to
the assets of the Developer or any subsequent landowner. As a result, other than as provided herein, no
financial statements or information is, or will be, provided about the Developer and Pulte. The Bonds are
secured solely by the Special Taxes and other amounts pledged under the Fiscal Agent Agreemena
Unless otherwise indicated, the information about the property owners in the District contained in
this Official Statement has been provided by representatives of the Developer. The information has been
provided by sources that are believed by the Underwriter, the District and the City to be reliable, but has not
been independently confirmed or verified by either the Underwriter, the District or the City. No
representation is made by the Underwriter, the District or the City as to the accuracy or adequacy of such
information or as to the absence of material adverse changes in such information subsequent to the date of
this Official Statement, or that the information given below or incorporated herein by reference is correct as
of any time subsequent to its date.
The Developer is not personally liable for payment of the Special Taxes or the Bonds and the
following information should not be construed to suggest that the Special Taxes or the Bonds are personal
obligations or indebtedness of such property owners.
Pulte Home Corporation
Pulte Home Corporation, a Michigan corporation, is the developer of the proposed development within
the District (the "Developer") whose parent corporation is Pulte Homes, Inc., a Michigan corporation ("Pulte"),
based in Bloomfield Hills, Michigan, is a Fortune 200 company with operations in 47 markets and 27 states. In
2004, Pulte and/or its affiliates closed 38,612 domestic home sales and generated revenues of $11.7 billion.
During its 55-year history, the company has constructed more than 408,000 homes. In 2004, J.D. Power and
Associates named Pulte the inaugural recipient of its Platinum Award for Excellence in Customer Service
among America's leading homebuilders. J.D. Power ranked Pulte No. 1 in 14 markets, and among the top three
in 23 of 25 markets surveyed. Under is Del Webb brand, Pulte is the nation's leading builder of active adult
communities for people age 55 and older. Its DiVosta operation is nationally recognized for a trademarked
building system that has delivered more than 25,000 "Built Solid"® homes in Florida since 1960. Pulte
Mortgage LLC, a Pulte affiliate, is a nationwide lender and offers Pulte customers a wide variety of loan
products and super/or customer service.
Pulte is a publicly traded company with its stock listed on the New York Stock Exchange, (NYSE:
PHM). Pulte is subject to the informational requirements of the Securities Exchange Act of 1934, as amended
(the "Exchange Act"). In accordance with Exchange Act, Pulte files reports, proxy statements, and other
information with the Securities and Exchange Commission (the "Commission"). Such reports, proxy
statements, and other information may be inspected and copied at the public reference facilities maintained by
the Commission at 450 Fifth Street, N.W., Washington, D.C. 20549. More information on Pulte can be obtained
at www.pulte.com. This internet address is included for reference only, and the information on this intemet site
is NOT a part of this Official Statement and is NOT incorporated by reference into this Official Statement. The
accuracy of the information contained on the website cannot be verified.
The following are other projects that the Developer has recently completed or undertaken in Southern
California:
TABLE 8
City of Rancho Cucamonga
Community Facilities District No. 2000-05
Recent Projects of Developer
Name of Proiect Location Price Per Unit
Brookdale Terrace Riverside County, North $520,990 - $652,990
Covington Heights at Kerrigan Ranch Yorba Linda, CA 1,281,990 - 1,423,000
The Estates at Apple Valley Apple Valley, CA 350,490 - 370,990
The Meadows at Morgan Valley Temecula, CA To be determined
Ashton Hills Menifee, CA 385,000 - 455,000
Barrington Heights Menifee, CA 364,000 - 430,779
Stone's Throw Lake Elsinore, CA 516,440 - 578,860
Watermark Lake Elsinore, CA 555,700 - 628,010
Weatherly at Canyon Hills Lake Elsinore, CA To be determined
Bella Rosa Irvine, CA 801,138 - 860,107
Cachette Irvine, CA 672,450 - 755,962
Bremerton Murrieta, CA 522,734 - 598,260
The Estates Collection Murrieta, CA 508,800 - 604,140
St. Austell Perris, CA 343,000 - 399,070
St. Croix Perris, CA 317,180 - 345,930
Source: The Developer.
PROPOSED DEVELOPMENT WITHIN THE DISTRICT
The following information regarding the planned development within the District has been provided
by the Developer. Such information provided in this section has been included because it may be considered
relevant to an informed evaluation and analysis of the Bonds and the Distric~ However, no assurance is or
can be given that development within the District therein will occur at all, will occur in a timely manner, or
will occur as anticipated and described below. The City and the District make no representation as to the
accuracy or adequacy of such information or the financial resources of the property owners.
Planned Development. The proposed development within the District consists of 360 single family
homes in two separate developments known as Legacy at Rancho Summit and Heritage at Rancho Summit.
The Developer acquired the property in February 2004 for $33,355,000. As of July 5, 2005, the
appraised value of the property was $85,580,000, based on the Appraiser's assumptions. See "Appendix A -
Summary Appraisal Report."
33
Legacy. Legacy at Rancho Summat will consist of 95 homes in 5 plans. The estimated sales price, lot
size and number of homes for each proposed plan are as follows:
TABLE 9
City of Rancho Cucamonga
Community Facilities District No. 2000-03
Legacy Sales Information
(Tract Nos. 14759-1 and 15588)
Approximate Hone
Plan Number Sauare Footaee Number of Lots Estimated Sales Price
1 2,792 sf. 8 $620,990
2 2,930 sf. 10 635,990
3 3,204 sf. 29 655,990
4 3,369 sf. 23 685,990
5 3,523 sfi 25 705,990
Source: The Developer.
As of August 1, 2005, 93 lots w~re in finished condition, of which 25 were under construction. An
additional two lots had been graded with paved streets and wet utilities installed. The Developer expects that all
homes will be constructed by second quarter of 2006. As of August 1, 2005, purchase contracts have been
entered into for 20 homes. The Developer expects first escrows to close in fourth quarter of 2005. The
Developer anticipates that all sales will be closed by second quarter of 2006.
Heritage. Heritage at Rancho Summit will consist of 265 homes in 6 plans. The estimated sales price,
lot size and number of homes for each proposed plan are as follows:
TABLE 10
City of Rancho Cucamonga
Community Facilities District No. 2000-03
Heritage Sales Information
(Tract Nos. 14759-2, 14759-3 and 14759)
Approximate Home Number
Plan Number Square Footage of Lots Estimated Sales Price
1 1,860 sf. 32 lots $435,000
2 1,969 sf. 36 lots 445,000
3 2,132 sf. 51 lots 470,000
4 2,378 sr. 69 lots 500,000
5 2,607 sr. 42 lots 525,000
6 2,688 sf. 35 lots 535,000
Source: The Developer.
As of August 1, 2005, 85 lots within Tract 14759-2 of the Heritage project had been graded with paved
streets and wet utilities installed. Construction has not begun on the remaining 180 lots. The Developer
anticipates that grading on the remaining lots located in Tracts 14759-3 and 14759 will commence no later than
the beginning of fourth quarter 2005 and will be completed by the end of fourth quarter 2005. However, the
Developer may not construct homes on such lots until the Easement has been removed. See '~rHE DISTRICT -
General Description and Location of District - Project Approval." No assurance can be made that the project
approval in the section referenced above will occur in the manner and timeframe set forth therein. No purchase
34 t477
contracts have been entered into for the Heritage project. The Developer expects that all homes will be
constructed and all Heritage homes sold by September 2007. However, the Market Absorption Study
anticipates all Heritage homes will be sold by Spring 2009.
Project Financing. To date, the Developer has financed its land acquisition and various site
development costs related to its property in the District with internal sources and expects to finance its
remaining site development and home construction costs with home sales revenue and additional internal
sources as illuslzated in Table 11 below. There can be no assurance that Developer will have timely access to
the sources of fimds (as shown below) which will be necessary to complete the proposed development. There
can also be no assurance that there will be no substantial changes in the sources and uses of funds shown below.
Although Table 11 reflects Developer's current projections, many factors beyond Developer' control, or a
decision by Developer to alter its current plans, may cause the actual sources and uses to differ from the
projections. Table 11 is presented to show that Developer projects that revenues will be sufficient to make the
proposed development feasible and not to guarantee a particular cash flow from Developer and/or Pulte. Future
changes to Developer's financial projections will be shown in the Annual or Semi-Annual Report to be prepared
by Developer pursuant to the Continuing Disclosure Agreement of Developer.
TABLE 11
City of Rancho Cucamonga
Community Facilities District No. 2000-03
Cash Flow Summary
' (Legacy and Heritage)
As of 2005(~)
June 20050) (Projected 2006 2007°) TotalO)
(Actual) and Actual~ (Projected) (Projected) (Projected)
Sources
Housing Sales $0 $21,295,690 $111,010,061 $72,015,420 $204,321,171
Equity Contributions 49,162,112 11,467,708 323,991 0 60,953,811
Bond Proceeds(4) 0 3,119,177 4,673,398 0 7,792,575
Total Sources $49,162,112 $35,882,575 $116,007,450 $72,015,420 $273,067,557
Uses
Land Acquisition $33,358,275 $0 $0 $0 $33,358,275
Land Improvements 14,582,737 7,128,023 14,856,047 1,767,382 38,334,189
Home Construction 1,221,100 14,829,931 34,868,494 19,449,766 70,369,291
Indirect Costs, Overhaul &
Sales 0 1,596,392 2,892,773 1,737,697 6,226,862
Total Uses $49,162,112 $23,554,346 $52,617,314 $22,954,845 $148,288,617
Repay Equity Contributions $0 $12,328,229 $48,625,582 $0 $60,953,811
Sources in Excess of Uses $0 $0 $14,764,554 $49,060,575 $63,825,129
Source: The Developer.
o) Cash flow as of Jtme 30, 2005.
(z) Actual and projected cash flow for period between July 1, 2005 through December 31, 2005.
o) Projected total cash flow through project close-out, which is anticipated to occur in September 2007.
(4) Estimated net Bond proceeds. Preliminary, subject to change.
BONDOWNERS' RISKS
The following is a discussion of certain risk factors that should be considered, in addition to other
matters set forth in this Official Statement, in evaluating the investment quality of the Bonds. This discussion
does not purport to be comprehensive or definitive. The occurrence of one or more of the events discussed in
this Official Statement could adversely affect the ability or willingness of property owners in the District to
pay their Special Taxes when due. Such failures to pay Special Taxes could result in a rapid depletion of the
Reserve Fund and/or a default in payments of the principal of, and interest on, the Bonds. In addition, the
occurrence of one or more of the events discussed in this Section could adversely affect the value of the
property in the District.
Not a General Obligation of the District or the City
The Bonds are not general obligations of the District or the City but are limited obligations of the
Dis~ct payable solely from proceeds of the Special Taxes and, to a limited extent, proceeds of the Bonds,
including amounts in the Reserve Fund and investment income on funds held under the Fiscal Agent Agreement
(other than funds held in the Costs of Issuance Fund, the Project Fund, the Administrative Expense Fund and the
Rebate Fund as to the Fiscal Agent Agreement).
Levy of the Special Taxes
The principal source of payment of debt service on the Bonds is the proceeds of the annual levy and
collection of the Special Taxes. The annual levy of the Special Tax is subject to the maximum tax rotes
authorized in the Rate and Method. The levy cannot be made at a higher rate even if the failure to do so means
that the estimated proceeds of the levy and collection of the Special Tax, together with other available funds,
will not be sufficient to pay debt service on the Bonds. Other funds that might be available to pay debt service
on the Bonds include funds derived from the payment of delinquent special taxes and funds derived from the
foreclosure and sale of parcels on which the Special Taxes levied are delinquent.
The levy of the Special Tax will rarely, if ever, result in a uniform relationship between the value of the
Taxable Property (as such term is defined in the Rate and Method) and the amount of the levy of the Special
Tax. Thus, there will rarely, if ever, be a uniform relationship between the value of a parcel and the
proportionate share of Bond debt service levied on the parcel, and certainly not a ffzrect relationship.
The Special Tax levied in any particular tax year on a Taxable Property is based upon the application of
the Rate and Method. See Appendix B - Amended and Restated Rate and Method of Apportionment.
Application of the Rate and Method will, in turn, be dependent upon certain development factors with respect to
each Taxable Property by comparison with similar development factors with respect to other Taxable Properties
within the District. Thus, the following are some of the factors that might cause the levy of the Special Tax on
any particular Taxable Property to vary from the Special Tax that might otherwise be expected:
(i) Reduction in the number of parcels of Taxable Property, for such reasons as acquisition
of Taxable Property by a government and failure of the government to pay the Special Tax based upon a
claim of exemption, thereby resulting in an increased tax burden on the remaining Taxable Property;
and
(ii) Failure of the owners of Taxable Property to pay the Special Tax and delays in the
collection of or inability to collect the Special Tax by tax sale or foreclosure and sale of the delinquent
parcels, thereby resulting in an increased tax burden on the remaining parcels of Taxable Property.
Exempt Properties
Certain private properties owned by Property Owner Associations are exempt from the Special Tax in
accordance with the Rate and Method. In addition, the Rate and Method provides that certain properties of the
q?~
state, federal or local governments are exempt from the Special Taxes. Therefore, property acquired by a public
entity following the issuance of the Bonds will be exempt from the Special Tax. See "SECURITY FOR THE
BONDS - The Special Tax" herein and "Appendix B - Amended and Restated Rate and Method of
Apportionment of Special Taxes."
In particular, insofar as the Rate and Method requires payment of the Special Tax by a federal entity
acquiring a parcel of Taxable Property, it may be unconstitutional. If for any reason a parcel of Taxable
Property becomes exempt from taxation by reason of ownership by a nontaxable entity such as the federal
government, another public agency or a religious organization, subject to the limitation of the maximum rate,
the Special Tax will be reallocated to the remaining Taxable Properties within the District in which the parcel is
located. This would result in the owners of such property paying a greater amount of the Special Tax and could
have an adverse impact upon the timely payment of the Special Tax. Moreover, if a substantial portion of the
Taxable Property within the District becomes exempt fi'om the Special Tax because of public ownership, or
otherwise, the maximum rate that could be levied upon the remaining acreage might not be sufficient to pay
principal of and interest on Series of the Bonds secured by such Special Tax when due and a default would
occur with respect to the payment of such principal and interest.
Collection of the Special Taxes
The District has no obligation to pay debt service on the Bonds in the event Special Tax installments are
delinquent, nor is the District obligated to advance funds to pay such debt service.
The Rate and Method provides that the Special Taxes are to be collected in the same manner as ordinary
ad valorem property taxes are collected and, except as provided in the special covenant for foreclosure described
below, are to be subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem property taxes. Under these procedures, if taxes are unpaid for a
period of five years or more, the property is subject to sale by the County.
Under the Fiscal Agent Agreement, in the event of any delinquency in the payment of the Special Tax,
the District may order the institution ora superior court action to foreclose the lien therefor in the amount of the
delinquent Special Taxes plus penalties, interest, and costs (including attorney's fees) within specified time
limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure sale.
Such judicial foreclosure action is not mandatory. However, the District has covenanted to cause foreclosure
proceedings to be commenced and prosecuted against those properties that are delinquent in the payment of the
Special Tax. For a description of the foreclosure covenant and the limitations upon foreclosure, see
"SECURITY FOR THE BONDS - Delinquent Special Taxes; Covenant To Foreclose."
In the event that sales or foreclosures of property within the District are necessary as a result of the
delinquency in the payment of Special Taxes, there could be a delay in payment of the Bonds if the Reserve
Fund is depleted pending such sales or the prosecution of foreclosure proceedings against such delinquent
property and receipt by the District of the proceeds of such a sale. In addition, there can be no assurance that the
sale of delinquent parcels in foreclosure will produce sufficient proceeds to cover such delinquencies.
Concentration of Property Ownership
As of the date of this Official Statement, the Developer is the sole owner of the property in the District
subject to the levy of the Special Tax. The willingness and ability of the Developer to pay property taxes and
the Special Taxes could be adversely affected by changes in general or local economic conditions, fluctuations
in the real estate market and other factors.
Failure of the Developer (or any future owner of significant property within the Dislrict subject to the
levy of the Special Taxes) to pay installments of such Special Taxes when due could cause the depletion of the
Reserve Fund for the Bonds prior to reimbursement from the resale of foreclosed property or payment of the
37 q~
delinquent Special Tax and, consequently, result in the delinquency rote reaching a level that would cause an
insufficiency in collection of the Special Tax to meet the District's obligations under the Fiscal Agent
Agreement. For a description of the Developer, see "OWNERSHIP OF PROPERTY". In that event, there
could be a delay or failure in payments on the Bonds. See "BONDOWNERS - Bankruptcy and Foreclosure
Delays" and "SECURITY FOR THE BONDS - Delinquent Special Taxes; Covenant to Foreclose" for a further
discussion.
Not a Personal Obligation
An owner of Taxable Property is not personally obligated to pay the Special Tax. Rather, the Special
Tax is an obligation only against the Taxable Property. If the value of the Taxable Property is not sufficient,
taking into account other obligations also payable thereby to fully secure the Special Tax, the District has no
recourse against the property owner.
Parity Taxes and Special Assessments
The Special Taxes and any penalties thereon will constitute a lien against the lots and parcels of land on
which they will be annually imposed until they are paid. Such lien is on a parity with all special taxes and
special assessments levied by other agencies and is co-equal to and independent of the lien for general property
taxes regardless of when they are imposed upon the same property. The Special Taxes have priority over all
existing and future private liens imposed on the property. However, neither the District nor the City has any
control over the ability of other entities and districts to issue indebtedness secured by special taxes or
assessments payable fi.om all or a portion of the property within the District. If any additional improvements or
fees are financed by an assessment district or another district formed under the Act, any taxes or assessment
levied to finance such improvements will have a lien on a parity with the lien of the Special Tax.
For information concerning existing direct and overlapping public indebtedness within the District, see
"THE DISTRICT - Cumulative Tax, Assessment and Fee Burden on Property". The existence of general
property taxes, other special taxes, and assessments may reduce the value-to-debt ratio of the affected parcels
and increases the possibility that foreclosure proceeds will not be adequate to pay delinquent Special Taxes or
the principal of and interest on the Bonds when due.
The City has covenanted that it will not issue additional bonds having a lien upon the Special Taxes
superior to or on a parity with the lien of the Bonds.
Laud Values and Development
The value of Taxable Property within the District is a critical factor in determining the investment
quality of the Bonds. Ifa property owner defaults in the payment of the Special Tax, the City's only remedy is
to foreclose on the delinquent property in an attempt to obtain funds with which to pay the delinquent Special
Tax. Land values could be adversely affected by economic factors beyond the City's control, such as relocation
of employers out of the area, stricter land use regulations, the absence of water, or destruction of property
caused by, among other eventualities, earthquake, flood or other natural disasters, or by environmental pollution
or contamination. In addition, a major risk to Bondowners is that development by the Developer of property
within the District may be subject to unexpected delays, disruptions and changes that may affect the willingness
and ability of the property owners to pay Special Taxes when due.
Land Development.
Land values are influenced by the level of development in the area in many respects. First, partially
developed land is generally less valuable than developed land and provides less security to the owners of the
Bonds should it be necessary for the City to foreclose on undeveloped property due to the nonpayment of
Special Taxes. Moreover, failure to complete development on a timely basis could adversely affect the land
values of those parcels that have been completed. Lower land values would result in less security for the
qq/
payment of principal of and interest on the Bonds and lower proceeds fi.om any foreclosure sale necessitated by
delinquencies in the payment of the Special Tax. Currently, the property within the District is under
development. As of July 5, 2005, the appraised value of the Property was $85,580,000. No assurance can be
given that the property within the District will be developed, and in assessing the investment quality of the
Bonds, prospective purchasers should evaluate the risks of non-completion.
Risks of Real Estate Investment Generally.
Continuing development of land within the District may be adversely affected by changes in general or
local economic conditions, fluctuations in the real estate market, increased construction costs, development,
financing and marketing capabilities of individual property owners, water shortages and other similar factors.
Development in the District may also be affected by development in surrounding areas, which may compete
with the District. In addition, land development operations are subject to comprehensive federal, state and local
regulations, including environmental, land use, zoning and building requirements. There can be no assurance
that proposed land development operations within the District will not be adversely affected by future
govemment policies, including, but not limited to, governmental policies to restrict or control development, or
future growth control initiatives. There can be no assurance that land development operations within the District
will not be adversely affected by these risks. The City has not evaluated development risks. Since these are
largely business risks of the type that property owners customarily evaluate individually, and inasmuch as
changes in land ownership may well mean changes in the evaluation w/th respect to any particular parcel, the
City is issuing the Bonds without regard to any such evaluation. Thus, the creation of the District and the
issuance of the Bonds by the City in no way implies that the City has evaluated these risks or the reasonableness
of these risks even though such risks may be serious and may ultimately halt or slow the progress of land
development and forestall the realization of Taxable Property values.
Natural Disasters.
The value of the Taxable Property in the future can be adversely affected by a variety of natural
occurrences, particularly those that may affect infrastructure and other public improvements and private
improvements on the Taxable Property and the continued habitability and enjoyment of such private
improvements. For example, the areas in and surrounding the District, like those in much of California, may be
subject to unpredictable seismic activity. Other such occurrences could include, without limitation, landslides,
floods, droughts, and tornadoes. Although no earthquake faults are located on the property, there are several
live faults located near the property. See "APPENDIX A - Summary of Appraisal Report." Tracts 14759-3 and
14759 of the Heritage project are located w/thin Zone D, a special flood zone area designated by FEMA.
Properties located within a Zone D flood zone are subjedt to flooding. The extent of the flood hazards in a Zone
D flood zone are undetermined. See "THE DISTRICT - General Description of Location of the District -
Project Approval." One or more of such natural disasters could occur and could result in damage to
improvements of varying seriousness. The damage may entail significant repair or replacement costs and that
repair or replacement may never occur either because of the cost, or because repair or replacement will not
facilitate habitability or other use, or because other considerations preclude such repair or replacement. Under
any of these circumstances there could be significant delinquencies in the payment of Special Taxes, and the
value of the Taxable Property may well depreciate or disappear.
Legal Requirements.
Other events that may affect the value of a Taxable Property include changes in the law or application of
the law. Such changes may include, without limitation, local growth control initiatives, local utility connection
moratoriums and local application of statewide tax and governmental spending limitation measures.
Development in the District may also be adversely affected by the application of laws protecting endangered or
threatened species. See "CONCLUDING INFORMATION - Litigation".
Hazardous Substances.
One of the most serious risks in terms of the potential reduction in the value of a Taxable Property is a
claim with regard to a hazardous substance. In general, the owners and operators of a Taxable Property may be
required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous
substances. The federal Comprehensive Environmental Response, Compensation and Liability Act of 1980,
sometimes referred to as "CERCLA" or the "Superfund Act," is the most well-known of these laws, but
California laws with regard to hazardous substances are also stringent and similar. Under many of these laws,
the owner or operator is obligated to remedy a hazardous substance condition of property whether or not the
owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore,
should any of the Taxable Property be affected by a hazardous substance, is to reduce the marketability and
value of the parcel by the costs of remedying the condition, because the purchaser, upon becoming owner, will
become obligated to remedy the condition just as is the seller.
The values set forth in the Appraisal do not take into account the possible reduction in marketability and
value of any of the Taxable Property by reason of the possible liability of the owner or operator for the remedy
of a hazardous substance condition of the parcel. Although the City is not aware that the owner or operator of
any of the Taxable Property has such a current liability with respect to any of the Taxable Property, it is possible
that such liabilities do currently exist and that the City is not aware of them.
Further, it is possible that liabilities may arise in the future with respect to any of the Taxable Property
resulting from the existence, currently, on the parcel of a substance presently classified as hazardous but that has
not been released or the release of which is not presently threatened, or may arise in the future resulting from the
existence, currently on the parcel of a substance not presently classified as hazardous but that may in the future
be so classified. Further, suet liabilities may arise not simply from the existence of a hazardous substance but
from the method of handling it. All of these possibilities could significantly affect the value of a Taxable
Property that is realizable upon a delinquency.
Notice of Special Taxes; Disclosures To Future Purchasers
The willingness or ability of an owner of a Taxable Property to pay the Special Taxes even if the value
is sufficient may be affected by whether or not the owner was given due notice of the Special Tax authorization
at the time the owner purchased the parcel, was informed of the amount of the Special Tax on the parcel should
the Special Tax be levied at the maximum tax rate and the risk of such a levy and, at the time of such a levy, has
the ability to pay it as well as pay other expenses and obligations. The City has caused a notice of the Special
Tax to be recorded in the Office of the Recorder for the County against each Taxable Property. While title
companies normally refer to such notices in title reports, there can be no guarantee that such reference will be
made or, if made, that a prospective purchaser or lender will consider such Special Tax obligation in the
purchase of a property within the District or lending of money thereon.
The Act requires the subdivider (or its agent or representative) of a subdivision to notify a prospective
purchaser or long-term lessor of any lot, parcel, or unit subject to a special tax levied pursuant to the Act of the
existence and maximum amount of such special tax using a statutorily prescribed form. California Civil Code
Section 1102.6b requires that in the case of transfers other than those covered by the above requirement, the
seller must at least make a good faith effort to notify the prospective purchaser of the special tax lien in a format
prescribed by statute. Failure by an owner of the property to comply with the above requirements, or failure by
a purchaser or lessor to consider or understand the nature and existence of the Special Taxes, could adversely
affect the willingness and ability of the purchaser or lessor to pay the Special Taxes when due.
40 qq5
Bankruptcy and Foreclosure Delays
GeneraL
Thc payment of the Special Taxes and thc ability of thc City to foreclose the lien ora delinquent unpaid
tax, as discussed under "SECUPdTY FOR THE BONDS," may bc limited by bankruptcy, insolvency or other
laws ganerally affecting creditors' rights or by the laws of the State of California relating to judicial foreclosure.
In addition, the prosecution of a foreclosure action could be delayed due to crowded local court calendars or
delays in the legal process. Thc various legal opinions to be delivered concurrently with the delivery of the
Bonds (including Bond Counsel's approving legal opinion) will be qualified as to the enforceability of the
various legal instruments by bankruptcy, insolvency, renrganization, moratorium and other similar laws
affecting creditors' rights and by the application of equitable pr/nciplcs and by the cxemise of judicial discretion
in appropriate cases.
Although bankruptcy proceedings would not cause the lien of the Special Taxes to become
extinguished, bankruptcy of a property owner could result in a delay in prosecuting superior court foreclosure
proceedings. Thc federal bankruptcy laws provide for an automatic stay of foreclosure and tax sale proceedings,
thereby delaying such proceedings, perhaps for an extended period. Any such delays would increase the
likelihood of a delay or dcfanlt in payment of thc principal of and interest on thc Bonds secured by the levy of
Special Taxes in which such property is located and thc possibility of delinquent tax installments not being paid
in full.
To the extent that bankruptcy or similar proceedings were to involve a large property owner, the
chances would increase the likelihood that the Reserve Fund could be fully depleted during any resulting delay
in receiving payment o£ delinquent Special Taxes. As a result, sufficient monies would not be available in such
Reserve Fund for transfer to the Bond Fund to make up any shortfalls resulting from delinquent payments of the
Special Tax and thereby to pay principal of and interest on the Bonds on a timely basis.
Property Owned by the FDIC.
The ability of the City to foreclose upon the lien relating to property on which Special Taxes have not
been paid may be limited in certain respects with regard to properties in which the FDIC has an interest. On
November 26, 1996, the FDIC adopted a Statement of Policy Regarding the Payment of State and Local
Property Taxes (the "Policy Statement") (which superseded a pr/or statement issued by the FDIC and the
Resolution Trust Corporation in 1991). The Policy Statement applies to the FDIC when it is liquidating asset in
its corporate and receivership capacities. The Policy Statement provides, in part, that owned real property of the
FDIC is subject to state and local real property taxes if those taxes are assessed according to the property's
value, and that the FDIC is immune from ad valorem real property taxes assessed on other bases. The Policy
Statement also provides that the FDIC will pay its proper tax obligations when they become due and will pay
claims for delinquencies as promptly as is consistent with sound business practice and the orderly administration
of the institution's affairs, unless abandonment of the FDIC interest in the property is appropr/ate. It further
provides that the FDIC will pay claims for interest on delinquent property taxes owned at the rate provided
under state law, but only to the extent thc interest payment obligation is secured by a valid lien. The FDIC will
not pay for any amounts in the nature of fines or penalties and will not pay nor recognize liens for such amounts.
The Policy Statement also provides that if any property taxes (including interest) on FDIC-owned property are
secured by a valid lien (in effect before the property became owned by the FDIC), the FDIC will pay those
claims. No property of the FDIC is subject to levy, attachment, garnishment, foreclosure or sale without the
FDIC's consent. In addition, a lien for taxes and interest may attach, but the FDIC will not permit a lien or
security interest held by the FDIC to be eliminated by foreclosure without the FDIC's consent.
With respect to challenges to assessments, the Policy Statement provides: "The [FDIC] is only liable for
state and local taxes which are based on the value of the property during the period for which the tax is imposed,
notwithstanding the failure of any person, including prior record owners, to challenge an assessment under the
procedures available under state law. In the exercise of its business judgment, the [FDIC] may challenge
assessments which do not conform with the statutory provisions, and during the challenge may pay tax claims
based on the assessment level deemed appropriate, provided such payment will not prejudice the challenge. The
[FDIC] will generally limit challenges to the current and immediately preceding taxable year and to the pursuit
of previously filed tax protests. However, the [FDIC] may, in the exercise of its business judgment, challenge
any prior taxes and assessments provided that (1) the [FDIC's] records (including appraisals, offers or bids
received for the purchase of the property, etc.) indicate that the assessed value is clearly excessive, (2) a
successful challenge will result in a substantial savings to the [FDIC], (3) the challenge will not unduly delay the
sale of the property, and (4) there is a reasonable likelihood of a successful challenge."
The Policy Statement states that the FDIC generally will not pay non-ad valorem taxes, including
special assessments, on property in which it has a fee interest unless the amount of tax is fixed at the time the
FDIC acquires its fee interest in the property, nor will the FDIC recognize the validity of any lien to the extent it
purports to secure the payment of any such amounts.
Because the Special Taxes are neither ad valorem taxes nor special assessments, the City is unable to
predict what effect the application of the Policy Statement would have in the event of a delinquency on a parcel
included in the District in which the FDIC has an interest, although prohibiting the lien of the FDIC to be
foreclosed on at a judicial foreclosure sale would likely reduce the number of or eliminate the persons willing to
purchase a parcel at a foreclosure sale. Owners of the Bonds should assume that the City will be unable to
foreclose on parcels of land in the District owned by the FDIC. Such an outcome would cause a draw on the
Reserve Fund and perhaps, ultimately, a default in payment of the Bonds.
Glasply Marine Industries.
On July 30, 1992, the United States Court of Appeals for the Ninth Circuit issued its opinion in a
bankruptcy case entitled In re Glasply Marine Industries. In that case, the court held that ad valorem property
taxes levied by Snohomish County in the State of Washington after the date that the property owner filed a
petition for bankruptcy were not entitled to priority over the claims of a secured creditor with a prior lien on the
property. Although the court upheld the priority of unpaid taxes imposed before the filing of the bankruptcy
opinion, unpaid taxes imposed after the filing of the bankruptcy petition were declared to be "administrative
expenses" of the bankruptcy estate, payable after the claims of all secured creditors. As a result, the secured
creditor was able to foreclose on the property and retain all the proceeds of the sale except the amount of the
pre-petition taxes. There is no assurance a court would not declare the Special Taxes to be an "administrative
expense."
According to the court's ruling, as administrative expenses, post-petition taxes would be paid assuming
that the debtor has sufficient assets to do so. In certain circumstances, payment of such administrative expenses
may be allowed to be deferred. Once the property is transferred out of the bankruptcy estate (through
foreclosure or otherwise), it would at that time become subject to current ad valorem property taxes (i.e., not
those accruing during the bankruptcy proceeding).
The Glasply decision is controlling precedent in bankruptcy court in the State of Califomia. If Glasply
were held to be to Special Taxes, a bankruptcy petition filing would prevent the lien for Special Taxes levied in
subsequent fiscal years from attaching so long as the property was part of the estate in bankruptcy, which could
reduce the amount of Special Taxes available to pay debt service on the Bonds. However, Glas£ly speaks as to
ad valorem property taxes, and not Special Taxes, and no case law exists with respect to how a bankruptcy court
would treat the lien for Special Taxes levied after the filing of a petition in bankruptcy.
It should also be noted that on October 22, 1994, Congress enacted 11 U.S.C. § 362(b)(18), which
added a new exception to the automatic stay for ad valorem property taxes imposed by a political subdivision
after the filing of a bankruptcy petition. Under this provision of law, in the event of a bankruptcy petition filed
on or after October 22, 1994, the lien for ad valorem taxes in subsequent fiscal years will attach even if the
42
property is part of the bankruptcy estate. Pursuant to the Bankruptcy Abuse Prevention and Consumer Act of
2005, enacted by Congress on April 14, 2005 and effective on October 11, 2005, Special Taxes will be included
in the exception provided by 11 U.S.C. §362(b)(18).
Proposition 218 and the Initiative Power
On November 5, 1996, the voters of the State approved Proposition 218, a constitutional initiative
entitled the "Right to Vote on Taxes Act" ("proposition 218"). Proposition 218 adds Articles XIlIC and XIIID
to the California Constitution and contains a number of interrelated provisions affecting the ability of local
governments to levy and collect both existing and future taxes, assessments, fees and charges. Proposition 218
became effective for most purposes on November 6, 1996.
Article XIIIC of Proposition 218 removes all limitations in State on the initiative power to reduce or
repeal "any local tax, assessment, fee or charge." The initiative power is, however, limited by the United States
Constitution's prohibition against State or local laws "impairing the obligation of contracts." The Bonds
represent a contract between the City and the Bondholders secured by the Special Taxes. While not free from
doubt, it is likely that, once the Bonds are issued, the Special Taxes would not be subject to repeal or reduction
by initiative, at least to the extent the Special Taxes are necessary to enable the City to make timely payment on
principal and interest on the Bonds, but not necessarily to the full extent of the authorized tax amount. The
interpretation and application of these provisions of Proposition 218 and the federal Constitution's Contracts
Clause will ultimately be determined by the courts, and it is not possible at this time to predict with certainty the
outcome of such determination or the timeliness of any remedy afforded by the courts.
Limitation on Remedies of Bondholders; No Acceleration
Remedies available to Bondholders may be limited by a variety of factors and may be inadequate to
assure the timely payment of principal of and interest on the Bonds, or to preserve the tax-exempt status of the
Bonds. Bond Counsel has limited its opinion as to the enforceability of the Bonds and the Fiscal Agent
Agreement to the extent that enforceability may be limited by bankruptcy, insolvency, or similar laws affecting
generally the enforcement of creditors' rights. Additionally, the Bonds are not subject to acceleration in the
event of the breach of any covenant or duty under the Fiscal Agent Agreement. Lack of remedies may entail
risks of delay, limitation, or modification of Bondowner rights. Judicial remedies, such as foreclosure and
enforcement of covenants, are subject to exercise of judicial discretion. A California court may not strictly
apply certain remedies or enforce certain covenants if it conclude~ that application or enforcement would be
unreasonable under the circumstances and it may delay the application of such remedies and enforcement.
Loss of Tax Exemption
As discussed under the caption "CONCLUDING INFORMATION - Tax Matters," interest on either
Series of the Bonds might become includable in gross income for purposes of federal income taxation
retroactive to the date of the Bonds was issued, as a result of future acts or omissions of the District or City in
violation of its covenants in the Fiscal Agent Agreement. The Fiscal Agent Agreement does not contain a
special redemption feature triggered by the occurrence of an event of taxability. As a result, if interest on the
Bonds were to be includable in gross income for purposes of federal income taxation, the Bonds would continue
to remain outstanding until maturity unless earlier redeemed under the Fiscal Agent Agreement. See "THE
BONDS - Redemption of Bonds".
Secondary Markets and Prices
The Underwriter will not be obligated to repurchase any of the Bonds, and no representation is made
concerning the existence of any secondary market for the Bonds. No assurance can be given that any secondary
market will develop following thc completion of the offering of the Bonds, and no assurance can be given that
the initial offering prices for the Bonds will continue for any period of time.
CONCLUDING INFORMATION
Tax Matters
In the opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, under existing
statutes, regulations, rulings and judicial decisions, interest on the Bonds is excluded from gross income for
federal income tax purposes and is not an item of tax preference for purposes of calculating thc federal
alternative minimum tax imposed on individuals and corporations. In the further opinion of Bond Counsel,
interest on the Bonds is exempt from State of California personal income tax. Bond Counsel notes that, with
respect to corporations, interest on the Bonds will be included as an adjustment in the calculation of alternative
minimum taxable income, which may affect the alternative minimum taxable liability of such corporations.
Bond Counsel's opinion as to thc exclusion from gross income for federal income tax purposes of
interest on the Bonds is based upon certain representations of fact and certifications made by the City, the
Underwater and others and is subject to the condition that the City complies with all requirements of the
Internal Revenue Code of 1986, as amended (the "Code") that must be satisfied subsequent to the issuance of
the bonds to assure that interest on the Bonds will not become includable in gross income for federal income tax
purposes. Failure to comply with such requirements of the Code might cause interest on the Bonds to be
included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The
City has covenanted to comply with all such requirements.
Should the interest on the Bonds become includable in gross income for federal income tax purposes,
the Bonds are not subject to early redemption as a result of such occurrence and will remain outstanding until
maturity or until otherwise redeemed in accordance with the Fiscal Agent Agreement.
The Internal Revenue Service (the "IRS") has initiated an expended program for the auditing of tax-
exempt bond issues, including both random and targeted audits. It is possible that the Bonds will be selected for
audit by the IRS. It is also possible that the market value of the Bonds might be affected as a result of such an
audit of the Bonds (or by an audit of similar bonds).
Bond Counsel's opinion may be affected by action taken (or not taken) or events occun'ing (or not
occurring) after the date of issuance of the bonds. Bond Counsel has not undertaken to determine, or to inform
any person, whether any such action or events are taken or do occur, or whether such actions or events may
adversely affect the value of tax treatment of a Bond and Bond Counsel expresses no opinion with respect
thereto.
Although Bond Counsel has rendered an opinion that interest on the Bonds is excluded from gross
income for federal income tax purposes provided the City continues to comply with certain requirements of the
Code, the accrual or receipt of interest on the Bonds may otherwise affect the tax liability of the recipient. The
extent of these other tax consequences will depend upon the recipient's particular tax status and other items of
income or deductions. Bond Counsel expresses no opinion regarding any such consequences. Accordingly, all
potential purchasers should consult their tax advisors before purchasing any of the Bonds.
Legal Opinions
The legal opinion of Best Best & Krieger LLP, San Diego, California, approving the validity of the
Bonds in substantially the form set forth as Appendix F hereto, will be made available to purchasers at the time
of original delivery. A copy of the legal opinion for the Bonds will be provided with each definitive bond.
Certain legal matters will be passed upon for the City and the District by Richards Watson & Gershon, a
professional corporation, Los Angeles, California, City Attorney and by Best Best & Krieger LLP, Riverside,
California, as disclosure counsel to the City.
44 ~]/~7
Litigation
At the time of delivery of and payment for the Bonds, the District will certify that, to the current actual
knowledge (after reasonable investigation) of the officer of the City executing the certificate, there is no action,
suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or regulatory agency, public
board or body pending or overtly threatened in writing against the District or the City that in any way seeks to
affect the existence of the District or the City or the titles of their officers to their respective offices, or that seeks
to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds of the Bonds
in accordance with the Fiscal Agent Agreement, or in any way contests or seeks to affect the validity or
enforceability of the Bonds, the Fiscal Agent Agreemei~t, or the Bond Purchase Agreement or any action of the
District or the City contemplated by any of said documents, or that in any way contests the completeness or
accuracy of this Official Statement or the powers of the District or the City or their authority with respect to the
Bonds or the Fiscal Agent Agreement or any action of the District or the City contemplated by any of said
documents, or that would adversely affect the exclusion from gross income for federal income tax purposes of
interest on the Bonds or the exemption of such interest for California personal income taxation.
Continuing Disclosure
The City, acting as the administrator for and on behalf of the District, will covenant for the benefit of
the Bondowners to provide annually, commencing February 1, 2006, certain financial information and operating
data relating to the District (the "District's Annual Reports"), and to provide notices of the occurrence of certain
enumerated events, if material. The District's Annual Report will be delivered not later than seven months after
the end o£the City's fiscal year (which currently ends on June 30), commencing with the report for the 2005-
2006 fiscal year.
The Developer will covenant for the benefit of the Bondowners to provide certain information and
operating data regarding their development of their property in the District on a semi-annual basis (the "Property
Owners' Semi-Annual Reports"), and to provide notices of the occurrence of certain enumerated events, if
material. The Property Owners' Semi-Annual Reports will be delivered not later than 120 days and 300 days
after the end of the fiscal year for the applicable property owner.
The District's Annual Reports and the Property Owner's Semi-Annual Reports will be filed with each
Nationally Recognized Municipal Securities Information Repository and with the appropriate State information
depository, if any. The notices of material events will be filed with the Municipal Securities Rulemaking Board
(and with the appropriate State information depository,, if any). The specific nature of the information to be
contained in the District's Annual Reports, the Property Owner's Semi-Annual Reports and the notices of
material events is set forth in "Appendix E - Forms of Continuing Disclosure Agreements." These covenants
have been made in order to assist the Underwriter in complying with SEC Rule 15c2-12(b)(5) (the "Rule").
The obligation of the property owners to provide information is limited to the type of information
described in its continuing disclosure undertakings. Neither the City nor the District will assume any
responsibility for the enforcement of the property owners' obligations under their continuing disclosure
undertakings nor for the accuracy of the information contained in the Property Owner's Semi-Annual Reports.
The City, acting as the administrator for and on behalf of certain other community facilities districts, has
on two occasions not met the continuing disclosure requirements under the Rule on a timely basis. In each
instance the City failed to timely file reports on behalf of these community facilities districts, due on February 1,
2001 for the Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 and
for the Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds,
Series 2001. Such reports were subsequently filed on June 12, 2001. It should be noted that these bond issues
closed in December 2000 and the information that was contained in the annual reports filed on June 12, 2001
was identical to the information contained in the official statements relating to these bond issues distributed to
the purchasers of the Bonds.
The Developer has never failed to comply in all material respects with any previous undertakings with
regard to Rule 15c2-12 to provide annual reports or notices of material events.
No Rating
The District has not made, and does not contemplate making, application to any rating agency for the
assignment of a rating to the Bonds.
Underwriting
Stone & Youngberg LLC, the Underwriter of the Bonds, has agreed to purchase the Bonds from the
District at a purchase price of $ . (representing the original principal amount of the Bonds of $
less an undetwfiter's discount of $ ). The purchase contract under which the Underwriter is purchasing
the Bonds provides that the Underwriter will purchase all of the Bonds if any are purchased. The obligation of
the Underwriter to make such purchase is subject to certain terms and conditions set forth in such contract of
purchase.
The public offering prices of the Bonds may be changed from time to time by the Underwriter. The
Underwriter may offer and sell Bonds to certain dealers and others at a price lower than the offering price stated
on the cover page of this Official Statement.
Professional Fees
In connection with the issuance of the Bonds, fees payable to certain professionals are contingent upon
the issuance and delivery of the Bonds, including: the Underwriter, Best Best & Kfieger LLP, as bond counsel
and disclosure counsel; Wells Fargo Bank, N.A., as Fiscal Agent; and Fieldman Rolapp & Associates, as
financial advisor to the City (a portion of whose fee is contingent).
Miscellaneous
All quotations from, and summaries and explanations of the Fiscal Agent Agreement, thc Bonds, other
documents and statutes contained in this Official Statement do not purpor~ to be complete, and reference is made
to said documents, the Fiscal Agent Agreement, and statutes for full and complete statements of their provisions.
Th~s Official Statement is submitted only in connection with the sale of the Bonds by the District. The
information contained in this Official Statement should not be cons~ucd as representing all conditions affecting
the District, the City or the Bonds.
46
All information contff~ned in this Official Statement pertaining to the District and the City has been
furnished by the City and the execution and delivery of this Official Statement has been duly author/zed by the
District and the City.
CITY OF RANCHO CUCAMONGA, for itself and on behalf
of CITY OF RANCHO CUCAMONGA COMMUNITY
FACILITIES DISTRICT 2000-03 (RANCHO SUMMIT)
By:
City Manager
APPENDIX A
SUMMARY APPRAISAL REPORT
APPENDIX B
AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT
FOR CITY OF RANCHO CUCAMONGA
COMMUNITY FACII,ITIES DISTRICT NO. 2000-03
(RA C}IO StrMMIT)
A Special Tax hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in Community
Facilities District No. 2000-03 of the City of Rancho Cucamonga ("CFD No. 2000-03") and collected each
Fiscal Year commencing in Fiscal Year 2005-06, in an amount determined by the City Council of the City of
Rancho Cucamonga, through the application of this Amended and Restated Rate and Method of Apportionment
as described below. All of the real property in CFD No. 2000-03, unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map,
or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final
map, parcel map, condominium plan, or other recorded County parcel map. The square footage of an
Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560.
"Act" means thc Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2
of Title 5 of the California Government Code.
"Administrative Expenses" means thc following actual or reasonably estimated costs directly related
to the administration of CFD No. 2000-03: the costs of computing the Special Taxes and preparing the
annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of
collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special
Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties
required of it under the Indenture; the costs to the City, CFD No. 2000-03 or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2000-03 or any designee
thereof of complying with disclosure requirements applicable to CFD No. 2000-03 and/or the City
associated with applicable federal and state securities laws and of the Act; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding thc Special
Taxes; the costs of thc City, CFD No. 2000-03 or any designee thereof related to an appeal of the
Special Tax; the costs associated w/th the release of funds from any escrow account; and the City's
annual adminislzation fees and third party expenses. Administrative Expenses shall also include
amounts estimated or advanced by the City or CFD No. 2000-03 for any other administrative purposes
of CFD No. 2000-03, including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned
Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County designating
parcels by Assessor's Parcel number.
"Assigned Special Tax A" means the Special Tax A for each Land Use Class of Developed Property as
determined in accordance with Section C. I .Co). below.
"Backup Special Tax A" means the Special Tax A applicable to each Assessor's Parcel of Developed
Property in each Zone, as determined in accordance with Section C. 1 .(d). below.
"Bonds" means any bonds or other debt (as del'reed in Section 53317(d) of the Act), whether in one or
more series, issued by CFD No. 2000-03 under the Act.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining
the Special Tax Requirement for Facilities and the Special Tax Requirement for Services and providing
for the levy and collection of the Special Taxes.
"CFD No. 2000-03" means City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit).
"City" means the City of Rancho Cucamonga.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published by the U.S.
Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area,
measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In
the event this index ceases to be published, the Consumer Price Index shall be another index as
determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for
the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2000-03.
"County" means the County of San Bemardino.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public
Property and Taxable Property Owner Association Properly, for which the Final Subdivision was
recorded on or prior to January 1 of the prior Fiscal Year and a building permit for new construction
was issued after January 1, 2004 and prior to March 1 of the prior Fiscal Year.
"Final Subdivision" means a subdivision of property by recordation of a final map, parcel map, or lot
line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual tots for which building permits may be issued without further subdivision.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, amended and/or supplemented from time to time.
"Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special Tax B, as
applicable.
"Maximum Special Tax A' means the maximum Special Tax A determined in accordance with
Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel.
"Maximum Special Tax B" means the maximum Special Tax B determined in accordance with Section
C below, that can be levied in any Fiscal Year on any Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building
permit permitting the construction of one or more non-residential units or facilities has been issued by
the City.
"Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within the
boundaries of CFD No. 2000-03 that was owned by a property owner association, including any master
or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A levy to the
Assigned Special Tax A is approximately equal for all Assessor's Parcels of Developed Proper~ and
that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is approximately equal for
all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that
the ratio of the actual Special Tax A levy per Acre to the Maximum Special Tax A per Acre is equal for
all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to
other categories of Taxable Property as listed in Section D below.
"Public Property" means property within the boundaries of CFD No. 2000-03 owned by, irrevocably
offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted
to the federal government, the State of California, the County of San Bemardino, the City of Rancho
Cucamonga, or any local government or other public agency, provided that any property leased by a
public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed
and classified according to its use.
"Residential Floor Area" means all of the square footage of living area within the perimeter of a
residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or
similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by
reference to the building permit(s) issued for such Assessor's Parcel.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building
permit permitting the construction thereon of one or more residential dwelling units has been issued by
the City.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.
"Special Tax A" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of
Taxable Property within CFD No. 2000-03 to fund the Special Tax Requirement for Facilities.
"Special Tax B" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of
Taxable Property within CFD No. 2000-03 to fund the Special Tax Requirement for Services.
."Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No.
2000-03 to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such
Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and
rebate payments on the Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay a
proportionate share of Administrative Expenses; (iv) pay any amounts required to establish or replenish
any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax A
delinquencies based on the delinquency rate for the Special Tax A levy in the previous Fiscal Year; less
(vi) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD
Administrator pursuant to the Indenture.
"Special Tax Requirement for Services" means that amount required in any Fiscal Year for CFD No.
2000-03 to: (i) pay the costs of park maintenance due in the calendar year commencing in such Fiscal
Year as determined by the CFD Administrator; (ii) pay an amount necessary to fund an operating
reserve for the costs of park maintenance; (iii) pay a proportionate share of Administrative Expenses;
less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD
Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundahes of CFD No. 2000-03
which are not exempt from the Special Tax pursuant to law or Section E below.
"Taxable Property Owner Association Property" means, for each Fiscal Year, all Assessor's Parcels
of Property Owner Association Property that are not exempt from the Special Tax pursuant to Section E
below.
"Taxable Public Property" means, for each Fiscal Year, all Assessor's Parcels of Public Property that
are not exempt from the Special Tax pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Public Property or Taxable Property Owner Association Property.
"Zone" means Zone 1 or Zone 2, as applicable.
"Zone 1' means Assessor Parcel number 0226-102-13 (as designated on the County Assessor's Roll for
Fiscal Year 2004-2005) and the land area geographically identified as Parcel A in Tentative Tract Map
No. 14759 approved by the Planning Commission of the City on November 10, 1999. Zone 1 may be
subject to amendment from time-to-time or modification pursuant to a final map or precise site plan for
such property at the sole discretion of the CFD Administrator provided that such amendment or
modification will not reduce the amount of Maximum Special Tax A below the amount required to
equal at least 1.1 times the maximum annual debt service on all Outstanding Bonds, plus the
Administrative Expenses.
"Zone 2" means the land area geographically identified as Parcel B-I, Parcel B-2, and Parcel C in
Tentative Tract Map No. 14759 approved by the Planning Commission of the City on November 10,
1999. Zone 2 may be subject to amendment from time-to-time or modification pursuant to a final map
or precise site plan for such property at the sole discretion of the CFD Administrator provided that such
amendment or modification will not reduce the amount of Maximum Special Tax A below the amount
required to equal at least 1.1 times the maximum annual debt service on all Outstanding Bonds, plus the
Administrative Expenses.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2000-03 shall be assigned to a Zone and further
classified as Developed Property, Taxable Public Property, Taxable Property Owner Association
Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this
Amended and Restated Rate and Method of Apportionment determined pursuant to Sections C and D
qqS'
below. Residential Property shall be assigned to Land Use Classes 1 through 10 and Non-Residential
Property shall be assigned to Land Use Class 11.
The Maximum Special Tax for Residential Property shall be based on the Residential Floor Area of the
dwelling unit(s) located on the Assessor's Parcel. The Maximum Special Tax for Non-Residential
Property shall be based on the Acreage of the Assessor's Parcel. The Maximum Special Tax for any
Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined
pursuant to Section C below.
C. MAXIMUM SPECIAL TAX
1. Developed Property
(a). Maximum Special Tax
The Maximum Special Tax A for each Assessor's Parcel classified as Developed
Property shall be the greater of (i) thc amount derived by application of the Assigned
Special Tax A or (ii) the amount derived by application of the Backup Special Tax A.
Thc Maximum Special Tax B for each Land Use Class of Developed Property is shown
below in Table 1. Thc Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be thc Maximum Special Tax A plus the Maximum Special
Tax B.
(b). Assigned Special Tax A
The Fiscal Year 2005-2006 Assigned Special Tax A for each Land Use Class is shown
below in Table 1.
TABLE 1
Assigned Special Tax A and Maximum Special Tax B for Developed Property in
City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit)
Fiscal Year 2005-2006
Land Use Residential Floor Assigned Special Maximum Special
Class Description Area Tax A Tax B
1 Residential Property < 1,850 s.f. $1,707 per unit $945 per unit
2 Residential Property 1,850 - 2,049 s.f. $1,899 per unit $945 per unit
3 Residential Property 2,050 - 2,249 s.f. $2,027 per unit $945 per unit
4 Residential Property 2,250 - 2,449 s.f. $2,046 per unit $945 per unit
5 Residential Property 2,450 - 2,649 s.f. $2,061 per unit $945 per unit
6 Residential Property 2,650 - 2,849 s.fi $2,235 per unit $945 per unit
7 Residential Property 2,850 - 3,049 s.f. $2,462 per unit $945 per unit
8 Residential Property 3,050 - 3,249 s.f. $2,527 per unit $945 per unit
9 Residential Property 3,250 - 3,449 s.f. $2,677 per unit $945 per unit
Land Use Residential Floor Assigned Special Maximum Special
Class Description
Area Tax A Tax B
10 Residential Property => 3,450 s.f. $2,696 per unit $945 per unit
11 Non-Resident/al Property NA $12,600 per Acre $4,683 per Acre
· (c). Increase in the Assigned Special Tax A and Maximum Special Tax B
The Fiscal Year 2005-2006 Assigned Special Tax A, identified in Table 1 above, shall
not be subject to change and shall therefore remain the same in every Fiscal Year. On
each July 1, commencing on July 1, 2006, the Maximum Special Tax B listed in Table
1 above shall be increased based on the percentage change in the Consumer Price
Index, with a maximum annual increase of six percent (6%) and a minimum annual
increase of two percent (2%) per Fiscal Year.
(d). Backup Special Tax A
The Fiscal Year 2005-2006 Backup Special Tax A for an Assessor's Parcel of
Developed Property in Zone 1 shall equal $9,601 per Acre or portion thereof. The
Fiscal Year 2005-2006 Backup Special Tax A for an Assessor's Parcel of Developed
Property in Zone 2 shall equal $14,824 per Acre or portion thereof. The Backup
Special Tax A applicable to Zone 1 or Zone 2 shall not be subject to change and shall
therefore remain the same in every Fiscal Year.
(e). Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be
the sum of the Maximum Special Taxes for all Land Use Classes located on that
Assessor's Parcel. For an Assessor's Parcel that contains both Resident/al Property and
Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to
each type of property based on the amount of Acreage designated for each land use as
deterrmned by reference to the site plan approved for such Assessor's Parcel. The CFD
Administrator's allocation to each type of property shall be final.
2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner
Association Property
(a). Maximum Special Tax A
The Fiscal Year 2005-2006 Maximum Special Tax A for Undeveloped Property,
Taxable Public Property, and Taxable Property Owner Association Property in Zone 1
or Zone 2 shall be $14,824 per Acre or portion thereof.
(b). Maximum_~pS ecial Tax B
The Fiscal Year 2005-2006 Maximum Special Tax B for Undeveloped Property in Zone
1 or Zone 2 shall be $4,683 per Acre or portion thereof. Taxable Public Property and
Taxable Property Owner Association Property shall not be subject to a Maximum
Special Tax B.
(c). Increase in the Maximum Special Tax
The Fiscal Year 2005-2006 Maximum Special Tax A for Undeveloped Property,
Taxable Public Property, and Taxable Property Owner Association Property shall not be
subject to change and shall therefore remain the same in every Fiscal Year. On each
July 1, commencing on July I, 2006, the Maximum Special Tax B for Undeveloped
Property identified in Section C.2.(b). above shall be increased based on the percentage
change in the Consumer Price Index, with a maximum annual increase of six percent
(6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
D. METItOD OF APPORTIONMENT OF TIlE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the Council shall
determine the Special Tax Requirement for Facilities and shall levy the Special Tax A until the total
Special Tax A levy equals the Special Tax Requirement for Facilities. The Special Tax A shall be
levied each Fiscal Year as follows:
First: The Special Tax A shall be levied on each Assessor's Parcel of Developed Property in an amount
equal to 100% of the applicable Assigned Special Tax A;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the
first step has been completed, the Special Tax A shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax A for Undeveloped
Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the
first two steps have been completed, then the levy of the Special Tax A on each Assessor's Parcel of
Developed Property in Zone 1 and Zone 2 whose Maximum Special Tax A is determined through the
application of the Backup Special Tax A shall be increased in equal percentages from the Assigned
Special Tax A up to the Maximum Special Tax A for each such Assessor's Parcel;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the
first three steps have been completed, then the Special Tax A shall be levied Proportionately on each
Assessor's Parcel of Taxable Public Property and Taxable Property Owner Association Property at up to
the Maximum Special Tax A for Taxable Public Property and Taxable Property Owner Association
Property.
Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of
the Assigned Special Tax A in step one (above), when (i) the Council is no longer required to levy the
Special Tax A pursuant to steps two through four above in order to meet the Special Tax Requirement
for Facilities; and (ii) all authorized Bonds have already been issued or the Council has covenanted that
it will not issue any additional Bonds (except refunding bonds) to be supported by the Special Tax A.
Further notwithstanding the above, under no circumstances will the Special Tax A levied against any
Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has
been issued be increased by more than ten percent as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within CFD No. 2000-03.
B-7 qq~'
2. Special Tax B
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the Council shall
determine the Special Tax Requirement for Services and shall levy the Special Tax B until the total
Special Tax B levy equals the Special Tax Requirement for Services. The Special Tax B shall be levied
each Fiscal Year as follows:
First: The Special Tax B shall be levied Proportionately on each Assessor's Parcel of Developed
Prope~y at up to 100% of the applicable Maximum Special Tax B;
Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the
first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property, which as of January 1 of the previous Fiscal Year was located within a
Final Subdivision, at up to 100% of the Maximum Special Tax B for Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Services after the
second step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's
Parcel of Undeveloped Property, which as of January 1 of the previous Fiscal Year was not located
within a Final Subdivision, at up to 100% of the Maximum Special Tax B for Undeveloped Property;
E. EXEMPTIONS
1. Special Tax A
No Special Tax A shall be levied on up to 21.88 Acres of Public Property and/or Property Owner
Association Property in Zone 1 and up to 38.41 Acres of Public Property and/or Property Owner
Association Property in Zone 2. Tax-exempt status will be assigned by the CFD Administrator in the
chronological order in which property becomes Public Property or Property Owner Association
Property. However, should an Assessor's Parcel no longer be classified as Public Property or Property
Owner Association Property, its tax-exempt status will be revoked.
Public Property or Property Owner Association Property that is not exempt from the Special Tax A under
this section shall be subject to the levy of the Special Tax A and shall be taxed Proportionately as part of the
fourth step in Section D. 1 above, at up to 100% of the applicable Maximum Special Tax A for Taxable
Public Property or Taxable Property Owner Association Property.
2. Special Tax B
No Special Tax B shall be levied on Public Property and Property Owner Association Property in Zone
1 and/or Zone 2.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2000-03. The CFD Administrator
shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied
shall be appropriately modified.
The Council may interpret this Amended and Restated Rate and Method of Apportionment for purposes
of clarifying any ambiguity and make determinations relative to the annual administration of the Special
Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to
all persons.
G. MANNER OF COLLECTION
Thc Special Tax A and Special Tax B will be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2000-03 may directly bill thc
Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet
its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent
Assessor's Parcels as permitted by thc Act.
H. PREPAYMENT OF SPECIAL TAX A
Thc following additional definitions apply to this Section H:
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that arc deemed to bc
outstanding under the Indenture after the first interest and/or principal paymant date following thc
current Fiscal Year.
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit
has been issued, may bc prepaid. The Special Tax A obligation applicable to an Assessor's Parcel in
CFD No. 2000-03 may only be prepaid after all authorized Bonds have already been issued, or after thc
Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to bc
supported by the Special Tax A levy under this Amended and Restated Rate and Method of
Apportionment. Thc obligation of thc Assessor's Parcel to pay any Special Tax A may bc permanently
satisfied as described herein, provided that a prepayment may be made with respect to a particular
Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at
thc time of prepayment. An owner of an Assessor's Parcel intending to prepay thc Special Tax A
obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days
of receipt of such written notice, thc CFD Adminis~'ator shall notify such owner of the prepayment
amount for such Assessor's Parcel. The CFD Administrator may charge a reasonable fcc for providing
this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice
of redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
The Special Tax B may not be prepaid.
The Special Tax A Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Special Tax A Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax A and
Backup Special Tax A for the Assessor's Parcel to be prepaid. For Assessor's Parcels of
Undeveloped Property for which building permits have already been issued, compute the
Assigned Special Tax A and Backup Special Tax A for the Assessor's Parcel to be prepaid as
though it were already designated as Developed Property, based upon the building permit which
has been issued for that Assessor's Parcel.
3. (a) Divide the Assigned Special Tax A computed pursuant to paragraph 2 by the total estimated
Assigned Special Tax A for CFD No. 2000-03 based on the Developed Property Special Tax A
which could be charged in the current Fiscal Year on all expected development in CFD No.
2000-03, excluding any Assessor's Parcels for which the Special Tax A has been prepaid, and
(b) Divide the Backup Special Tax A computed pursuant to paragraph 2 by the total estimated
Backup Special Tax A which could be charged in the current Fiscal Year on all expected
development in CFD No. 2000-03, excluding any Assessor's Parcels for which the Special Tax
A has been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously
Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the
"Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to pamgraph 4 by the applicable
redemption premium (e.g., the redemption price-100%), if any, on the Previously Issued Bonds
to be redeemed (the "Redemption Premium").
6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first
bond interest and/or principal payment date not covered by the current Fiscal Year Special Tax
A levy until the earliest redemption date for the Previously Issued Bonds.
7. Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal Year which
has not yet been paid.
8. Add the amounts computed pursuant to paragraphs 6 and 7.
9. Compute the net present value of the amount computed pursuant to paragraph 8, using as a
discount rate the rate of return reasonably assumed for the conservative investment of these
funds by the CFD Administrator (the "Defeasance Amount").
10. The administrative fees and expenses of CFD No. 2000-03 are as calculated by the CFD
Administrator and include the costs of computation of the prepayment, the costs to invest the
prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to
evidence the prepayment end the redemption (the "Administrative Fees and Expenses").
11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser off (a) the expected
reduction in the reserve requirement (as defined in the Indenture), if any, associated with the
redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived
by subtracting the new reserve requirement (as defined in the Indenture) in effect after the
redemption of Previously Issued Bonds as a result of the prepayment from the balance in the
reserve fund on the prepayment date, but in no event shall such amount be less than zero. No
Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the
Previously Issued Bonds is below 100% of the reserve requirement (as defmed in the
Indenture).
B-10
12. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the
date immediately following the first bond interest and/or principal payment date following the
current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger
quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized
interest fund or account under the Indenture after such first interest and/or principal payment
(the "Capitalized Interest Credit").
13. The Special Tax A prepayment is equal to the sum of the amounts computed pursuant to
paragraphs 4, 5, 9 and 10, less the amounts computed pursuant to paragraphs 11 and 12 (the
"Prepayment Amount").
From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 11 and 12 shall be
deposited into the appropriate fund as established under the Indenture and be used to retire Previously
Issued Bonds, as applicable, or make scheduled debt service payments. The amount computed pursuant
to paragraph 10 shall be retained by CFD No. 2000-03.
The Special Tax A Prepayment Amount may be insufficient to redeem a full $5,000 increment of Bonds. In
such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund
estab, lished under the Indenture to be used with the next prepayment of Bonds or to make scheduled debt
sermce payments on such bonds.
Upon confirmation of the payment of the current Fiscal Year's Special Tax A levy as determined under
paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for
such Assessor's Parcel fi-om the County tax rolls. With respect to any Assessor's Parcel for which the
Special Tax A obligation is prepaid in full in accordance with this Section H, the Council shall cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax A
and the release of the Special Tax A lien on such Assessor's Parcel, and the obligation of such Assessor's
Parcel to pay the Special Tax A shall cease.
Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless, at the time of such
proposed prepayment, the amount of Maximum Special Tax A that may be levied on Taxable Property
within CFD No. 2000-03 (after excluding 21.88 Acres of Public Properly and/or Property Owner
Association Property in Zone 1 and 38.41 Acres of Public Property and/or Property Owner Association
Property in Zone 2 as set forth in Section E) both prior to and after the proposed prepayment is at least 1.1
times the maximum annual debt service on all Previously Issued Bonds, plus the Administrative Expenses.
I. TERM OF SPECIAL TAX
Thc Special Tax A shall be levied for a period not to exceed fifty years commencing with Fiscal Year
2005-2006, provided however that the Special Tax A will cease to be levied in an earlier Fiscal Year if
the CFD Administrator has determined that all required interest and principal payments on the Bonds
have been paid. The Special Tax B shall be levied as long as necessary to meet the Special Tax
Requirement for Services.
APPENDIX C
SUMMARY OF THE~ FISCAL AGENT AGREEMENT
The following is a summary of certain provisions of the Fiscal Agent Agreement not otherwise described
in the text of this Official Statement. This summary is not intended to be definitive, and reference is made to the
text of the Fiscal Agent Agreement for the complete provisions thereof.
DEFINITIONS
The following are some of the terms which are defmed in the Fiscal Agent Agreement (the
"Agreement"). Except as def'med below, the terms previously defined in this Official Statement have the
meanings previously given.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311 et
seq. of the California Government Code.
"Administrative Expense Fund" means the fund by that name established by Fiscal Agent Agreement.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to
the administration of the CFD: the costs of computing the Special Taxes and preparing the annual Special Tax
collection schedules (whether by the City, a designee thereof or both); the costs of collecting the Special Taxes
(whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of
the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent
Agreement; the costs to the City, the CFD or any designee of either thereof of complying with arbitrage rebate
requirements; the costs to the City, the CFD or any designee of either thereof of complying with City, CFD or
obligated persons disclosure requirements; the costs associated with preparing Special Tax disclosure statements
and responding to public inquiries regarding the Special Taxes; the costs of the City, the CFD or any designee of
either thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party
expenses. Administrative Expenses shall also include mounts estimated or advanced by the City or CFD for
any other administrative purposes of the CFD, including reasonable attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Administrative Expense Requirement" means an annual amount, initially equal to $40,000, to be
allocated each Fiscal Year for payment of Administrative Expenses. This amount shall be annually adjusted
upward by 2% per year.
"Agreement" means the Fiscal Agent Agreement, as it may be amended or supplemented from time to
time by any Supplemental Agreement adopted pursuant to the provisions of the Fiscal Agent Agreement.
"Annual Debt Service" means, for each Bond Year, the sum of (i) the interest due on the Outstanding
Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled (including by reason of
the provisions of the Fiscal Agent Agreement providing for mandatory sinking fund payments), and (ii) the
principal amount of the Outstanding Bonds due in such Bond Year (including any mandatory sinking fund
payment due in such Bond Year pursuant to the Fiscal Agent Agreement.
"Acquisition/Financing Agreement" means the Acquisition/Financing Agreement by and between the
City and Pulte Home Corporation, dated as of June 15, 2005.
"Auditor" means the Auditor-Controller of the County.
"Authorized Officer" means the City Manager or the Director of Finance, acting on behalf of the CFD,
or any person designated by the City Council, the City Manager or the Director of Finance and authorized to act
on behalf of the CFD under or with respect to the Fiscal Agent Agreement and all other agreements related
thereto.
"Average Annual Debt Service" means the average over all Bond Years (from the date of the Bonds to
their maturity) of Annual Debt Service.
"Bond Counsel" means any attorney or firm of attorneys acceptable to the City and nationally
recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by
public entities.
"Bond Fund" means the fund by that name established by the Fiscal Agent Agreement.
"Bond Register" means the books for the registration and transfer of Bonds maintained by the Fiscal
Agent under the Fiscal Agent Agreement.
"Bond Year" means the one-year period beginning on September 1st in each year and ending on the day
prior to September 1st in the following year, except that the first Bond Year shall begin on the Closing Date for
the Bonds and end on August 31, 2006.
"Bonds" means the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho
Summit) 2005 Special Tax Bonds at any time Outstanding under the Fiscal Agent Agreement or any
Supplemental Agreement.
"Business Day" means any day other than (i) a Saturday or a Sunday, or (ii) a day on which banking
institutions in the state in which the Fiscal Agent has its Principal Office are authorized or obligated by law or
executive order to be closed.
"CDIAC" means the California Debt and Investment Advisory Commission of the office of the State
Director of Finance of the State of California or any successor agency or bureau thereto.
"CFD" or "District" means the City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit), formed by the City under the Act and the Resolution of Formation.
"City" means the City of Rancho Cucamonga, California, and any successor thereto.
"City Attorney" means any attorney or firm of attorneys employed by the City in the capacity of city
attorney.
"City Council" means the City Council of the City.
"City Manager" means the City Manager of the City, acting for and on behalf of the CFD.
"Closing Date" means ,2005, being the date upon which there is a delivery of the Bonds in
exchange for the amount representing the purchase price of the Bonds by the Original Purchaser.
"Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or
(except as otherwise referenced in the Fiscal Agent Agreement) as it may be amended to apply to obligations
issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations
promulgated, and applicable official public guidance published, under the Code.
"Commission" means the United States Securities and Exchange Commission.
"Comptroller of the Currency" means the Comptroller of the Currency of the United States.
"Costs of Issuance" means items of expense payable or reimbursable directly or indirectly by the City
and related to the authorization, sale and issuance of the Bonds, which items of expense shall include, but not be
limited to, the printing costs, costs of reproducing and binding documents, closing costs, filing and recording
fees, initial fees and charges of the Fiscal Agent including its first annual administration fee, expenses incurred
by the City in connection with the issuance of the Bonds and the expenses of the City in connection with the
establishment of the CFD, special tax consultant fees and expenses, preliminary engineering fees and expenses,
legal fees and charges, including Bond Counsel fees, f'mancial consultant fees, appraiser fees and expenses,
absorption consultant fees and expenses, charges for execution, transportation and safekeeping of the Bonds and
other costs, charges and fees in connection with the foregoing.
"Costs of Issuance Fund" means the fund by that name established by the Fiscal Agent Agreement.
"County" means the County of San Bemardino, California.
"Debt Service" means the scheduled amount of interest and amortization of principal payable by reason
of the Fiscal Agent Agreement on the Bonds during the period of computation, excluding amounts scheduled
during such period which relate to principal which has been retired before the beginning of such period.
"Depository" means (a) initially, DTC, and (b) any other Securities Depository acting as Depository
pursuant to the Fiscal Agent Agreement.
"Developer" shall mean Pulte Home Corporation, a Michigan corporation, or its successor or assign as
the developer of the property within the District.
"Director of Finance" means the Director of Finance of the City, acting for and on behalf of the CFD.
"DTC" means The Depository Trust Company, New York, New York, and its successors and assigns.
"Escrow Bonds" means $ principal amount of the Bonds comprised of the Escrow Term
Bonds and the Escrow Serial Bonds.
"Escrow Serial Bonds" means the Escrow Bonds, other than the Escrow Term Bonds, maturing annually
in the principal amounts shown in the Fiscal Agent Agreement which are subject to extraordinary mandatory
redemption pursuant to the Fiscal Agent Agreement.
"Escrow Term Bonds" means the Bonds maturing on September 1, 20 which are subject to
extraordinary mandatory redemption pursuant to the Fiscal Agent Agreement and~andatory sinking fund
redemption pursuant to the Fiscal Agent Agreement.
"Escrow Fund" means the fund by that name established by the Fiscal Agent Agreement.
"Fair Market Value" means the price at which a willing buyer would purchase the investment from a
willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell
the investment becomes binding) if the investment is traded on an established securities market (within the
meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price
in a bona fide arm's length transaction (as referenced above) if(i) the investment is a certificate of deposit that is
acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with
specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for
example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is
acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States
Treasury Security--State and Local Government Series that is acquired in accordance with applicable
regulations of the United States Bureau of Public Debt, or (iv) the investment is the Local Agency Investment
Fund of the State of California but only if at all times during which the investment is held its yield is reasonably
expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United
States.
"Federal Securities" means any of the following which are non-callable and which at the time of
investment are legal investments under the laws of the State of California for funds held by the Fiscal Agent:
(i) direct general obligations of the United States of America (including
obligations issued or held in book entry form on the books of the United States Department of
the Treasury) and obligations, the payment of principal of and interest on which are directly or
indirectly guaranteed by the United States of America, including, without limitation, such of the
foregoing which are commonly referred to as "stripped" obligations and coupons; or
(ii) any of the following obligations of the following agencies of the United States
of America: (a) direct obligations of the' Export-Import Bank, (b) certificates of beneficial
ownership issued by the Farmers Home Administration, (c) participation certificates issued by
the General Services Administration, (d) mortgage-backed bonds or pass-through obligations
issued and guaranteed by the Government National Mortgage Association, (e) project notes
issued by the United States Department of Housing and Urban Development, and (f) public
housing notes and bonds guaranteed by the United States of America.
"Fiscal Agent" means the Fiscal Agent appointed by the City and acting as an independent fiscal agent
with the duties and powers in the Fiscal Agent Agreement provided, its successors and assigns, and any other
corporation or association which may at any time be substituted in its place, as provided in the Fiscal Agent
Agreement.
"Fiscal Year" means the twelve-month period extending from July 1 in a calendar year to June 30 of the
succeeding year, both dates inclusive.
"Flood Control Easement" means the Easement recorded on January 31, 1941 in Book 1450, Page 406,
San Bernardino County Official Records.
"Government Obligations" fiaeans obligations described in paragraph 1 of the definition of Permitted
Investments.
"Independent Financial Consultant" means any consultant or firm of such consultants appointed by the
City or the Director of Finance, and who, or each of whom: (i) is judged by the Director of Finance to have
experience in matters relating to the issuance and/or administration of bonds under the Act; (ii) is in fact
independent and not under the domination of the City; (iii) does not have any substantial interest, direct or
indirect, with or in the City, or any owner of real property in the CFD, or any real property in the CFD; and (iv)
is not connected with the City as an of£mer or employee of the City, but who may be regularly retained to make
reports to the City.
"Information Services" means Financial Information, Inc.'s "Daily Called Bond Service", 30
Montgomery Street, 10th Floor, Jersey City, New Jersey 07302, Attention: Editor; Kenny Information Services'
"Called Bond Service", 65 Broadway, 16th Floor, New York, New York 10006; Moody's Investors Service
"Municipal and Government", 99 Church Street, New York, New York 10007, Attention: Municipal News
Reports; Standard & Poor's Corporation "Called Bond Record", 25 Broadway, 3rd Floor, New York, New York
10004; and, in accordance with then current guidelines of the Commission, such other addresses and/or such
services providing information with respect to called bonds as the City may designate in an Officer's Certificate
delivered to the Fiscal Agent.
"Interest Account" means the account within the Bond Fund by that name established pursuant to the
Fiscal Agent Agreement.
"Interest Payment Dates" means March 1 and September 1 of each year, commencing March 1, 2006.
"Legislative Body" means the City Council of the City acting as the legislative body of the CFD.
"Maximum Annual Debt Service" means the largest Annual Debt Service for any Bond Year at~er the
calculation is made through the final maturity date of any Outstanding Bonds.
"Moody's" means Moody's Investors Service, and its successor's and assigns.
"Officer's Certificate" means a written certificate of the City signed by an Authorized Officer of the
City.
"Ordinance" means Ordinance No. __ of the City of Rancho Cucamonga.
"Original Purchaser" means Stone & Youngberg LLC.
"Outstanding," when used as of any particular time with reference to Bonds, means (subject to the
provisions of the Fiscal Agent Agreement) all Bonds except:
(i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal
Agent for cancellation;
(ii) Bonds paid or deemed to have been paid within the meaning of the Fiscal
Agent Agreement; and
(iii) Bonds in lieu of or in substitution for which other Bonds shall have been
authorized, executed, issued and delivered by the City pursuant to the Fiscal Agent Agreement
or any Supplemental Agreement.
"Owner" or "Bondowner" means any Person who shall be the registered owner of any Outstanding
Bond.
"Permitted Investments" means any of the following which at the time of investment are legal
investments under the laws of the State for the moneys proposed to be invested therein (the Fiscal Agent shall be
entitled to rely upon any written investment direction from an Authorized Officer of the CFD as a certification
to the Fiscal Agent that such investment constitutes a Permitted Investment):
1. A. Direct obligations (other than an obligation subject to variation in principal payment) of
the United States of America ("United States Treasury Obligations");
B. Obligations fully and unconditionally guaranteed as to timely payment of principal and
interest by the United States of America;
C. Obligations fully and unconditionally guaranteed as to timely payment of principal and
interest by any agency or instrumentality of the United States of America when such
obligat/ons are backed by the full faith and credit of the United States of America, or
D. Evidences of ownership of proportionate interests in future interest and principal
payments on obligations described above held by a bank or trust company as custodian,
under which the owner of the investment is the real party in interest and has the right to
proceed directly and individually against the obligor and the underlying government
obligations are not available to any Person claiming through the custodian or to whom
the custodian may be obligated.
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2. Federal Housing Administration debentures.
3. The listed obligations of government-sponsored agencies which are not backed by the full faith
and credit of the United States of America:
A. Federal Home Loan Mortgage Corporation (FHLMC)
(1) Participation certificates (excluded are stripped mortgage securities which are
purchased at prices exceeding their principal amounts)
(2) Senior debt obligations
B. Farm Credit Banks (formerly: Federal Land Banks, Federal Intermediate
Credit Banks and Banks for Cooperatives)
(1) Consolidated system-wide bonds and notes
C. Federal Home Loan Banks (FHL Banks)
(1) Consolidated debt obligations
D. Federal National Mortgage Association (FNMA) (1) Senior debt obligations
(2) Mortgage-backed securities (excluded are stripped mortgage securities which
are purchased at prices exceeding their principal amounts)
E. Student Loan Marketing Association (SLMA)
(1) Senior debt obligations (excluded are securities that do not have a fixed par
value and/or whose terms do not promise a fixed dollar amount at maturity or
call date)
F. Financing Corporation (FICO)
(1) Debt obligations
G. Resolution Funding Corporation (REFCORP)
(1) Debt obligations
4. Unsecured certificates of deposit, time deposits, and bankers' acceptances (having maturities of
not more than 30 days) of any bank (including the Fiscal Agent and its affiliates) the short-term
obligations of which are rated "A-I" or better by S&P.
5. Deposits the aggregate amount of which are fully insured by the Federal Deposit Insurance
Corporation (FDIC), in banks which have capital and surplus of at least $5 million (including
the Fiscal Agent and its affiliates).
6. CommerciaI paper (having original maturities of not more than 270 days) rated "A-I" by S&P
and "Prime-1" by Moody's.
7. Money market funds rated "AAm- 1" or "AAm-G" by S&P, or better.
8. State Obligations, which means:
A. Direct general obligations of any state of the United States of America or any
subdivision or agency thereof to which is pledged the full faith and credit of a state the
unsecured general obligation debt of which is rated "A3" by Moody's and "A" by S&P,
or better, or any obligation fully and unconditionally guaranteed by any state,
subdivision or agency whose unsecured general obligation debt is so rated.
B. Direct general short-term obligations of any state agency or subdivision or agency
thereof described in (A) above and rated "A-l+" by S&P and "Prime-l" by Moody's.
C. Special Revenue Bonds (as defined in the United States Bankruptcy Code) of any state,
state agency or subdivision described in (A) above and rated "AA" or better by S&P
and "AA" or better by Moody's.
9. Pre-refunded municipal obligations rated "AAA" by S&P and "AAA" by Moody's meeting the
following requirements:
A. the municipal obligations are (1) not subject to redemption prior to maturity or (2) the
trustee/fiscal agent for the municipal obligations has been given irrevocable instructions
concerning their call and redemption and the issuer of the municipal obligations has
covenanted not to redeem such municipal obligations other than as set forth in such
instructions;
B. the municipal obligations are secured by cash or United States Treasury Obligations
which may be applied only to payment of the principal of interest and premium on such
municipal obligations;
C. the principal of and interest on the United States Treasury Obligations (plus any cash in
the escrow) has been verified by the report of independent certified public accountants
to be sufficient to pay in full all principal of, interest, and premium, if any, due and to
become due on the municipal obligations;
D. the cash or United States Treasury Obligations serving as security for the municipal
obligations are held, by an escrow agent or trustee/fiscal agent in trust for owners of the
municipal obligations;
E. no substitution of a United States Treasury Obligation shall be permitted except with
another United States Treasury Obligation and upon delivery of a new verification; and
F. the cash or United States Treasury Obligations are not available to satisfy any other
claims, including those by or against the trustee/fiscal agent or escrow agent.
10. Investment agreements with & domestic or foreign bank or corporation the long-term debt or
financial strength of which, it or its guarantor is rated at least "AA-" by S&P and "Aa3" by
Moody's; provided that, by the terms of the investment agreement:
A. the invested funds are available for withdrawal without penalty or premium, upon not
more than seven days' prior notice; the CFD and the Fiscal Agent agree, pursuant to the
Fiscal Agent Agreement, to give or cause to be given notice in accordance with the
terms of the investment agreement so as to receive funds thereunder with no penalty or
premium paid;
B. the investment agreement shall state that it is the unconditional and general obligation
of and is not subordinated to any other obligation of, the provider thereof, or, in the case
of a bank, that the obligation of the bank to make payments under the agreement ranks
pad passu with the obligations of the bank to its other depositors and its other
unsecured and unsubordinated creditors;
C. the CFD and the Fiscal Agent receives the opinion of domestic counsel that such
investment agreement is legal, valid, binding and enforceable upon the provider in
accordance with its terms and of foreign counsel (if applicable);
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D. the investment agreement shall provide that if during its term
(1) the provider's rating by either S&P or Moody's falls below "AA-" or "Aa3",
respectively, the provider shall, at its option, within 10 days of receipt of
publication of such downgrade, either (a) collateralize the investment
agreement by delivering or transferring in accordance with applicable state and
federal laws (other than by means of entries on the provider's books) to the
CFD, the Fiscal Agent or a Holder of the Collateral free and clear of any third-
party liens or claims the market value of which collateral is maintained at levels
and upon such conditions as would be acceptable to S&P and Moody's to
maintain an "A" rating in an "A" rated structured financing (with a market
value approach); or (b) transfer and assign the investment agreement to a then
qualifying eounterparty , which is to be approved by the CFD, with ratings
specified above; and
(2) the provider's rating by either S&P or Moody's is withdrawn or suspended or
falls below "A-" or "AY', respectively, the provider must, at the direction of the
CFD or the Fiscal Agent, within 10 days of receipt of such direction, repay the
principal of and accrued but unpaid interest on the investment;
E. the investment agreement shall state and an opinion of counsel shall be rendered, in the
event collateral is required to be pledged by the provider under the terms of the
investment agreement, at the time such collateral is delivered, that the Holder of the
Collateral has a perfected first priority security interest in the collateral, any substituted
collateral and all proceeds thereof (in the case of bearer securities, this means the
Holder of the Collateral is in possession);
F. the investment agreement must provide that if during its term
(1) the provider shall default in its payment obligations, the provider's obligations
under the investment agreement shall, at the direction of the CFD or the Fiscal
Agent, be accelerated and amounts invested and accrued but unpaid interest
thereon shall be repaid to the CFD or Fiscal Agent, as appropriate, and
(2) the provider shall become insolvent, not pay its debts as they become due, be
declared or petition to be declared bankrupt, etc. the provider's obligations shall
automatically be accelerated and amounts invested and accrued but unpaid
interest thereon shall be repaid to the CFD or Fiscal Agent, as appropriate.
11. The Local Agency Investment Fund (LAIF) administered by the Director of Finance of the State
to the extent such deposits remain in the name of and control of the Fiscal Agent.
"Person" means an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated
organization or a government or any agency or political subdivision thereof.
"Principal Account" means the account within the Bond Fund by that name established pursuant to the
Fiscal Agent Agreement.
"Principal Office" means the office of the Fiscal Agent at Los Angeles, California or such other offices
as may be specified to the City and the CFD by the Fiscal Agent in writing.
"Project" means the facilities more particularly described in the Acquisition/Financing Agreement.
"Project Fund" means the fund by that name created by and held by the Fiscal Agent pursuant to the
Fiscal Agent Agreement.
"Rate and Method" means the Rate and Method of Apportionment of the Special Taxes set forth in the
Ordinance.
"Rebate Fund" means the fund by that name established pursuant to the Fiscal Agent Agreement.
"Record Date" means the fifteenth day of the month next preceding the month of the applicable Interest
Payment Date, whether or not such day is a Business Day.
"Redemption Fund" means the fund by that name established pursuant to the Fiscal Agent Agreement.
"Reserve Fund" means the fund by that name established pursuant to the Fiscal Agent Agreement.
"Reserve Requirement" means: (a) as of any date of calculation prior to the transfer of the funds on
deposit in the Escrow Fund pursuant to the Fiscal Agent Agreement, an amount not to exceed the lesser of (i)
Maximum Aimual Debt Service on the Outstanding Bonds with the exception of the Escrow Bonds, (ii) one
hundred twenty-five percent (125%) of Average Annual Debt Service on the Outstanding Bonds with the
exception of the Escrow Bonds, or (iii) ten percent (10%) of the face amount of the Outstanding Bonds with the
exception of the Escrow Bonds and (b) as of any date of calculation following the transfer of the funds on
deposit in the Escrow Fund pursuant to the Fiscal Agent Agreement, (i) Maximum Annual Debt Service on the
Outstanding Bonds, (ii) one hundred twenty-five percent (125%) of Average Annual Debt Service on the
Outstanding Bonds, or (iii) ten pement (10%) of the face amount of the Outstanding Bonds.
"Resolution" means Resolution No. 05-__ adopted by the City Council of the City on ,
2005.
"Resolution of Formation" means Resolution No. 00-190 adopted by the City Council on September 20,
2000.
"Restricted Parcels" shall mean all parcels within the District which are encumbered by the Flood
Control Easement.
"S&P" means Standard & Poor's Rating Services, a division of the McGraw Hill Companies, Inc. and
its successors and assigns.
"Securities Depositories" means The Depository Trust Company, 55 Water Street, 50t~ Floor, New
York, New York 10041, Attention: Call.Notification Department, Fax-(212) 855-7232; and, in accordance with
then current guidelines of the Commission, such other addresses and/or such other securities depositories as the
City may designate in an Officer's Certificate delivered to the Fiscal Agent.
"Special Tax" or "Special Taxes" means Special Tax A as defined in the Rate and Method authorized to
be levied within the CFD pursuant to the Act, the Ordinance and the Fiscal Agent Agreement. "Special Taxes"
do not include Special Tax B as defined in the Rate and Method.
"Special Tax Fund" means the fund by that name established by the Fiscal Agent Agreement.
"Special Tax Prepayments" means the proceeds of any Special Tax prepayments received by the City,
as calculated pursuant to Section H of the Rate and Method, less any administrative fees or penalties collected as
part of any such prepayment.
"Special Tax Revenues" means the proceeds of the Special Taxes received by the City, including any
scheduled payments and any prepayments thereof, interest thereon and proceeds of the redemption or sale of
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property sold as a result of foreclosure of the lien of the Special Taxes to the amount of said lien and interest
thereon. "Special Tax Revenues" does not include any penalties collected in connection with delinquent Special
Taxes.
"State" means the State of California.
"Supplemental Agreement" means an agreement the execution of which is authorized by a resolution
which has been duly adopted by the City Council under the Act and which agreement is amendatory of or
supplemental to the Fiscal Agent Agreement, but only if and to the extent that such agreement is specifically
authorized thereunder.
"Tax Consultant" means David Taussig & Associates, Inc. or another independent financial or tax
consultant retained by the City for the purpose of computing the Special Taxes.
FUNDS AND ACCOUNTS
Project Fund
Establishment of Project Fund. There is established by the Fiscal Agent Agreement, as a separate fund
to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit) 2005 Special Tax Bonds, Project Fund to the credit of which deposits shall be made as
required by the Fiscal Agent Agreement. The Fiscal Agent may establish such temporary funds or accounts on
its records as it may deem appropriate to facilitate such deposits and transfers.
Moneys in the Project Fund shall be held in trust by the Fiscal Agent for the benefit of the City, and
shall be disbursed, except as otherwise provided in the Fiscal Agent Agreement, solely for the payment or
reimbursement of costs of the Project.
Procedure for Disbursement for Project Costs. The Fiscal Agent shall make disbursements from the
Project Fund upon receipt of an Officer's Certificate, in substantially the form set forth in Exhibit B to the Fiscal
Agent Agreement, attached thereto and incorporated therein by reference, which shall:
(i) set forth the amount required to be disbursed; the purpose for which the
disbursement is to be made; that the disbursement is a proper expenditure from the Project
Fund; and the Person to which the disbursement is to be paid; and
(ii) certify that no portion of the amount then being requested to be disbursed was
set forth in any Officer's Certificate previously filed requesting a disbursement.
Transfers to the BondFund. On any Interest Payment Date, if there is a deficiency in the Bond Fund of
the amount then required for payment of the principal of, and interest and any premium on, the Bonds after all
available amounts in the Reserve Fund have been transferred to the Bond Fund pursuant to the Fiscal Agent
Agreement, the City may, but is not required to, direct the Fiscal Agent to transfer moneys from the Project
Fund to the Bond Fund pursuant to an Officer's Certificate which shall set forth the amount to be transferred.
Investment. Moneys in the Project Fund shall be invested and deposited in accordance with the Fiscal
Agent Agreement. Interest earnings and profits resulting from such investment shall be invested and deposited
and shall be retained in the Project Fund to be used for the purposes thereof.
Transfer of Funds not Required for Project. Upon the filing of an Officer's Certificate stating that the
Project has been completed and that all costs of the Project have been paid, or that any such costs are not
required to be paid from the Project Fund, the Fiscal Agent shall transfer the amount, if any, remaining in the
Project Fund to the Special Tax Fund.
Transfer of Funds in case of Abandonment. Upon the filing of an Officer's Certificate stating that the
Authorized Officer bas determined in his sole discretion that work necessary to construct and complete the
Project has ceased for a continuous period of over six .months such that the construction of the Project
effectively has been abandoned, or that for any reason all or any portion of the amounts then on deposit in the
Project Fund will not be expended for Project costs, the Fiscal Agent shall transfer the amounts in the Project
Fund as set forth in the Fiscal Agent Agreement.
Costs of Issuance Fund
Establishment of Costs of Issuance Fund. There is established by the Fiscal Agent Agreement, as a
separate fund to bc held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No.
2000-03 (Rancho SummiO 2005 Special Tax Bonds, Costs of Issuance Fund, to the credit of which a deposit
shall be made as required by the Fiscal Agent Agreement. Moneys in the Costs of Issuance Fund shall be held
in trust by the Fiscal Agent and shall be disbursed as provided in the Fiscal Agent Agreement for the payment or
reimbursement of Costs of Issuance.
Disbursement. Amounts in the Costs of Issuance Fund shall bc disbursed from time to time to pay
Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees,
signed by an Authohzed Officer and delivered to thc Fiscal Agent concurrently with the delivery of the Bonds.
The Fiscal Agent shall pay all Costs of Issuance after receipt of an invoice from any such payee which requests
payment in an amount which is less than or equal to the amount set forth with respect to such payee pursuant to
an Officer's Certificate requesting payment of Costs of Issuance. The Fiscal Agent shall maintain the Costs of
Issuance Fund for a period of 180 days from the date of delivery of the Bonds and then shall transfer any
moneys remaining therein, including any investment earnings thereon, to the Project Fund.
Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with
the Fiscal Agent Agreement. Interest earnings and profits resulting from said investment shall be retained by the
Fiscal Agent in ~he Costs of Issuance Fund to be used for the purposes of such fund.
Reserve Fund
Establishment of Fund. There is established by the Fiscal Agent Agreement, as a separate fund to be
held by the Fiscal Agent the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho
Summit) 2005 Special Tax Bonds, Reserve Fund, to thc credit of which Fund a deposit shall be made as
required by the Fiscal Agent Agreement which deposit is equal to the Reserve Requirement as of the Closing
Date for the Bonds, and deposits shall be made as provided in the Fiscal Agent Agreement). Moneys in the
Reserve Fund shall be held in trust by the Fiscal Agem for the benefit of the Owners of the Bonds as a reserve
for thc payment of principal of, and interest and any premium on, the Bonds and shall be subject to a lien in
favor of the Owners of the Bonds.
Use of Funds. Except as otherwise provided in the Fiscal Agent Agreemem, all amounts deposited in
the Reserve Fund shall be used and withdrawn by thc Fiscal Agent solely for the purpose of making transfers to
the Bond Fund in the event of any deficiency at any time in the Bond Fund of the amount than required for
payment of the principal of, and interest and any premium on, the Bonds or, in accordance with thc provisions of
thc Fiscal Agent Agreement, for the purpose of redeeming Bonds from the Bond Fund.
Transfer Due to Deficiency in Bond Fund. Whenever transfer is made from the Reserve Fund to the
Bond Fund due to a deficiency in the Bond Fund, the Fiscal Agent shall provide written notice thereof to the
Director of Finance, specifying the amount withdrawn.
Transfer of Excess of Reserve Requirement. If on any September 1, or the first Business Day thereafter
if September 1 is not a Business Day, of each year, the amount in thc Reserve Fund exceeds the Reserve
Requirement, the Fiscal Agent shall, as directed in an Officer's Certificate, transfer an amount equal to the
excess fi.om the Reserve Fund to the Interest Account of the Bond Fund to be used for the payment of interest on
the Bonds on the next Interest Payment Date in accordance with the Fiscal Agent Agreement.
Transfer l~en Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund
exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of
payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall transfer the amount in
the Reserve Fund to the Redemption Fund to be applied to the payment and redemption, in accordance with the
Fiscal Agent Agreement, of all of the Outstanding Bonds. In the event that the amount so transferred fi.om the
Reserve Fund to the Redemption Fund exceeds the amount required to pay and redeem the Outstanding Bonds,
the balance in the Redemption Fund shall be transferred to the CFD to be used for any lawful purpose of the
CFD.
Notwithstanding the foregoing, no amounts shall be transferred fi.om the Reserve Fund pursuant to the
Fiscal Agent Agreement the calculation of any amounts due to the federal government pursuant to the Fiscal
Agent Agreement following payment of the Bonds and withdrawal of any such amount fi'om the Reserve Fund
for purposes of rnaking such payment to the federal government, and (ii) payment of any fees and expenses due
to the Fiscal Agent.
Transfer Upon Special Tax Prepayment. Whenever Special Taxes are prepaid and Bonds are to be
redeemed with the proceeds of such prepayment pursuant to the Fiscal Agent Agreement, a proportionate
amount in the Reserve Fund (determined on the basis of the principal of Bonds to be redeemed and the then
principal of the Bonds Outstanding) shall be transferred upon such prepayment by the Fiscal Agent to the
Redemption Fund or the Interest Account of the Bond Fund, as applicable, to be applied to the redemption of the
Bonds pursuant to written instructions contained in an Officer's Certificate in accordance with the Fiscal Agent
Agreement.
Investment and Transfer to Pay Rebate. Moneys in the Reserve Fund shall be invested and deposited in
accordance with the Fiscal Agent Agreement. All Permitted Investments in the Reserve Fund shall be valued at
their Fair Market Value at least semiannually on March 1 and September 1. Interest earnings and profits
resulting from said investment shall be used as required by the CFD to comply with the Fiscal Agent
Agreement. No earnings on amounts in the Reserve Fund shall be used by the CFD to comply with the Fiscal
Agent Agreement unless the amount on deposit in the Reserve Fund is equal to the Reserve Requirement.
Bond Fund
Establishment of Bond Fund and Interest Account and Principal Account. There is established by the
Fiscal Agent Agreement, as a separate fund to be held by the Fiscal Agent, the City of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summi0 2005 Special Tax Bonds, Bond Fund, and within
such Fund two accounts, the Interest Account and the Principal Account, to the credit of which deposits shall be
made as required by the Fiscal Agent Agreement, and any other amounts required to be deposited therein by the
Fiscal Agent Agreement or the Act.
Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the
Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as
provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds.
Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Interest
Account of the Bond Fund and pay to the Owners of the Bonds the interest then due and payable on the Bonds,
including any interest due on the Bonds being redeemed pursuant to the Fiscal Agent Agreement.
On each Interest Payment Date, the Fiscal Agent shall withdraw fi.om the Principal Account of the Bond
Fund and pay to the Owners of the Bonds the principal of the Bonds at the maturity thereof or the principal of
the term Bonds upon the mandatory sinking fund redemption thereof pursuant to the Fiscal Agent Agreement.
Investment. Moneys in the Bond Fund shall be invested and deposited in accordance with the Fiscal
Agent Agreement. Interest earnings and profits resulting from the investment and deposit of amounts in the
Bond Fund shall be retained in the Bond Fund and used for purposes of such fund.
Special Tax Fund
Establishment of Special Tax Fund. There is established by the Fiscal Agent Agreement, as a separate
fund to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities Dis~ct No. 2000-03
(Rancho Summit) 2005 Special Tax Bonds, Special Tax Fund. Moneys in the Special Tax Fund shall be held in
trust by the Fiscal Agent for the benefit of the CFD and the Owners of the Bonds, shall be disbursed as provided
below and, pending disbursement, shall be subject to a lien in favor of the Owners of the Bonds and the CFD.
No later than the tenth (10t~) Business Day a~er which Special Tax Revenues have been received by the City,
and in any event not later than February 15a and August 15t~ of each year, the City shall transfer such Special
Tax Revenues to the Fiscal Agent, less an amount equal to the Administrative Expense Requirement, and,
except as set forth in the following sentence, such amounts shall be deposited in the Special Tax Fund.
Disbursements. With the exception of the Special Tax Revenues representing Special Tax Prepayments
which shall be transferred pursuant to the Fiscal Agent Agreemem, below, the Special Tax Revenues deposited
in the Special Tax Fund shall be deposited in the following accounts of the Special Tax Fund or transferred to
the following other funds and accounts on the dates and in the amounts set forth in the following paragraph and
in the following order of priority:
1. The Fiscal Agent shall deposit in the Interest Account of the Bond Fund, on each Interest
Payment Date and date for redemption of the Bonds, an amount required to cause the aggregate
amount on deposit in the Interest Account to equal the amount of interest due or becoming due
and payable on such Interest Payment Date on all Outstanding Bonds or to be paid on the Bonds
being redeemed on such date.
2. The Fiscal Agent shall deposit in the Principal Account of the Bond Fund, on each Interest
Payment Date and redemption date on which principal of the Bonds, including sinking fund
payments, shall be payable an amount required to cause the aggregate amount on deposit in the
Principal Account to equal the principal amount of, and premium (if any) on, the Bonds coming
due and payable on such Interest Payment Date, or required to be redeemed on such date
pursuant to the Fiscal Agent Agreement.
3. On or after March 2 and September 2 of each year after making the transfer and deposits
required under paragraphs 1 and 2 above, the Fiscal Agent shall transfer the amount, if any,
necessary to replenish the amount then on deposit in the Reserve Fund to an amount equal to the
Reserve Requirement.
4. On or aRer September 2 of each year after making the deposits and transfers required under
paragraphs 1 through 3 above, upon receipt of written instructions from an Author/zed Officer,
the Fiscal Agent shall transfer from the Special Tax Fund to the Rebate Fund the amount
specified in such request.
5. On or after September 2 of each year after making the deposits and transfers required under
paragraphs 1 through 4 above, upon receipt of a written request of an Authorized Officer, the
Fiscal Agent shall transfer from the Special Tax Fund to the Director of Finance for deposit in
the Administrative Expense Fund the amounts specified in such request to pay those
Administrative Expenses which the CFD reasonably expects (a) will become due and payable
during such Fiscal Year or the cost of which Administrative Expenses have previously been
incurred and paid by the CFD from funds other than the Administrative Expense Fund and (b)
the cost of which Administrative Expenses will be in excess of the Administrative Expense
Requirement for such Fiscal Year.
6. If, on or after September 2 of each year, after making the deposits and transfers required under
paragraphs 1 through 5 above, monies remain in the Special Tax Fund, such monies shall
remain on deposit in the Special Tax Fund and shall be subsequently deposited or transferred
pursuant to the provisions of paragraphs 1 through 5 above.
Prepayments. The Fiscal Agent shall, upon receipt of Special Tax Revenues representing Special Tax
Prepayments together with written instructions of the CFD executed by an Authorized Officer, immediately
transfer such Special Tax Prepayments pursuant to such written instructions into the Interest Account of the
Bond Fund and the Redemption Fund, as applicable, and utilize such funds to pay the interest and premium, if
any, on and principal of Bonds to be redeemed pursuant to the Fiscal Agent Agreement. The Fiscal Agent may
conclusively rely upon such instructions.
Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with the
Fiscal Agent Agreement. Interest earnings and profits resulting from such investment and deposit shall be
transferred to the Special Tax Fund to be used for the purposes thereof.
Transfer to Redemption Fund. Any Officer's Certificate issued pursuant to the Fiscal Agent Agreement
(other than an Officer's Certificate issued more than one year prior to the first date on which optional
redemption of Bonds is permitted pursuant to the Fiscal Agent Agreement) may direct that all or any portion of
the funds which would otherwise be transferred to the Special Tax Fund be transferred to the Redemption Fund,
in which case the Fiscal Agent shall apply such amounts in accordance with the Fiscal Agent Agreement as
directed in an Officer's Certificate.
Transfer to the CFD. When there are no longer any Bonds Outstanding, any amounts then remaining on
deposit in the Special Tax Fund shall be transferred to the CFD and used for any lawful purpose under the Act.
Administrative Expense Fnnd
Establishment of Administrative Expense Fund. There is established by the Fiscal Agent Agreement, as
a separate fund to be held by the Director of Finance, the City of Rancho Cucamonga Community Facilities
District No. 2000-03 (Rancho summat) 2005 Special Tax Bonds, Administrative Expense Fund to the credit of
which deposits shall be made as required by the Fiscal Agent Agreement. Moneys in the Administrative
Expense Fund shall be held in trust by the Director of Finance for the benefit of the CFD and shall be used to
pay Administrative Expenses from time to time.
Investment. Moneys in the Administrative Expense Fund shall be invested and deposited in accordance
with the Fiscal Agent Agreement. Interest earnings and profits resulting from said investment shall be retained
by the Director of Finance in the AdminisU-ative Expense Fund to be used for the purposes thereof.
Rebate Fnnd
There is established by the Fiscal Agent Agreement, as a separate fund to be held by the Fiscal Agent,
the City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2005 Special Tax
Bonds, Rebate Fund. The Rebate Fund shall be held and maintained by the Fiscal Agent. On September 15 of
each year (or at such other times and or such other intervals as may be required or permitted by regulations of
the United States Internal Revenue Service), the City shall determine whether any portion of investment
earnings from any account established by the Fiscal Agent Agreement must be rebated to the United States
pursuant to Section 148 of the Code. At the written direction of the CFD, any amounts required to be rebated
will be transferred from any available source, including the Special Tax Fund pursuant to the Fiscal Agent
Agreement, to the Rebate Fund.
C-14 S/~-
The City is authorized to retain independent attorneys, accountants and other consultants to assist in
complying with the requirements of the Code, and the fees of such consultants may be paid from the
Administrative Expense Account. The Fiscal Agent may rely conclusively upon the City's determinations,
calculations and certifications required by the Fiscal Agent Agreement. The Fiscal Agent shall have no
responsibility to make any independent calculation or determination or to review the City's calculations
thereunder.
Amounts in the Rebate Fund shall be invested without yield resthction and shall be held in trust for
rebate to the United States at the written direction of the Director of Finance. Earnings on the Rebate Fund are
to remain in that account and shall similarly be held in trust for rebate to the United States.
Redemption Fund
Establishment of Redemption Fund. There is established by the Fiscal Agent Agreement, as a separate
fund to beheld in trust by the Fiscal Agent for the Owners of the Bonds, the Community Facilities District 2000-
03 (Rancho Sufhrnit) 2005 Special Tax Bonds, Redemption Fund, to the credit of which deposits shall be made
fi-om funds received by the City representing Special Tax Prepayments and other funds required for
redemptions, other than mandatory sinking fund redemptions and which shall be administered as provided
below.
Disbursement. Monies shall be deposited into the Redemption Fund by the Fiscal Agent pursuant to the
terms of the Fiscal.Agent Agreement and shall be set aside and used solely for the purpose of redeeming Bonds
in accordance with written instructions of the CFD executed by an Authorized Officer given in accordance with
the Fiscal Agent Agreement. Following the redemption of any Bonds, if any funds remain in the Redemption
Fund, such l~unds shall be transferred to the Special Tax Fund.
Investment. Moneys in the Redemption Fund shall be invested and deposited in accordance with the
Fiscal Agent Agreement. Interest earnings and profits resulting fi-om such investment and deposit shall be
retainecl in t~le Special Tax Fund to be used for the purposes thereof.
Escrow ~und
Establishment of Escrow Fund._There is established by the Fiscal Agent Agreement, as a separate fund
to be held by the Fiscal Agent, the City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit) 2005 Special Tax Bonds, Escrow Fund to the credit of which a deposit shall be made as
required by the Fiscal Agent Agreement. The Fiscal Agent may establish such temporary funds or accounts on
its records as it may deem appropriate to facilitate such deposits and transfers.
Moneys in the Escrow Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners and
shall be transferred only as provided in c.
Transfers.
(i) Moneys on deposit in the Escrow Fund shall be released from the Escrow Fund and
transferred to the Project Fund and the Reserve Fund on any date after the Closing Date upon which the
Fiscal Agent shall have received an Officer's Certificate certifying that the City has received a copy of
the duly executed and recorded release and/or quitclaim by the San Diego County Flood Control District
of the Flood Control Easement. Only one release and transfer of moneys on deposit in the Escrow Fund
will be permitted pursuant to this paragraph (i).
If the Fiscal Agent shall have received an Officer's Certificate as described in the preceding
paragraph, the Fiscal Agent shall transfer the amounts in the Escrow Fund as follows:
c_15 Jr/7
(a) Into the Reserve Fund, the portion of the amount in the Escrow Fund required
to maintain the Reserve Fund at the Reserve Requirement (to the extent that the transfer of the
moneys from the Escrow Fund increases the amount required to be on deposit in the Reserve
Fund); and
(b) Into the Project Fund, the amount remaining in the Escrow Fund following the
transfer to the Reserve Fund pursuant to (a) above.
(ii) Moneys on deposit in the Escrow Fund shall be transferred to the Redemption Fund and
used to redeem Escrow Term Bonds pursuant to the Fiscal Agent Agreement on the earlier of the
following dates:
(a) January 1, 2007 unless on or before such date the Developer shall have
provided a written receipt from the County or other evidence satisfactory to the City that the
Developer has paid the full amount of the Special Taxes levied on the Restricted Parcels for the
2006-2007 tax year;
(b) July 1, 2007 unless on or before such date the Developer shall have paid to the
City the full amount of the Special Taxes to be levied on the Restricted Parcels for the 2007-
2008 tax year; or
(c) July 1, 2008.
Investment. Moneys on deposit in the Escrow Fund shall be invested and deposited in accordance with
the Fiscal Agent Agreement; provided, however, such moneys may only be invested with or secured by an
institution rated "A" by S&P or by Moody's or in Permitted Investments listed in paragraph 1 of the definition
thereof. Interest earnings and profits resulting from any such investment shall be retained by the Fiscal Agent in
the Escrow Fund to be used for the purposes of such fund.
OTHER COVENANTS OF THE CITY
Punctual Payments
The City will punctually pay or cause to be paid the principal of, and interest and any premium on, the
Bonds when and as due in strict conformity with thc terms of the Fiscal Agent Agreement and any Supplemental
Agreement, and it will faithfully observe and perform all of the conditions covenants and requirements of the
Fiscal Agent Agreement and all Supplemental Agreements and of the Bonds.
Extension of Time for Payment
In order to prevent any accumulation of claims for interest after maturity, the City shall not on the
CFD's behalf, directly or indirectly, extend or consent to the extension of the time for the payment of any claim
for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such
arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim
for interest shall be extended or funded, whether or not with the consent of the City, such claim for interest so
extended or funded shall not be entitled, in case of default thereunder, to the benefits of the Fiscal Agent
Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and
of all claims for interest which shall not have so extended or funded.
Against Encumbrances
Neither the City nor the CFD will encumber, pledge or place any charge or lien upon any of the Special
Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien therein
created for the benefit of the Bonds, except as permitted by the Fiscal Agent Agreement.
C-16
Books and Records
The City will keep, or cause to be kept, on behalf of the CFD proper books of record and accounts,
separate fi.om all other records and accounts of the CFD, in which complete and correct en~es shall be made of
all transactions relating to the expenditure of amounts disbursed from thc Administrative Expense Fund.. Such
books of record and accounts shall at all times during normal business hours of the City be subject to the
inspection of the Fiscal Agent, the Owners of not less than ten percent (10%) of the principal amount of the
Bonds then Outstanding, or their representatives duly authorized in writing, and the payors of the Special Taxes,
or their representatives duly authorized in writing.
Protection of Security and Rights of Owners
The City will preserve and protect the security of the Bonds and the rights of the Owners, and will
warrant and defend their rights against all claims and demands of all Persons. From and after thc delivery of
any of the Bonds by the City, the Bonds shall be incontestable by the City acting either on its own behalf or on
behalf of the CFD.
Compliance with Law
Thc City will comply with all applicable provisions of the Act and law in completing the construction or
acquisition of the Project.
Collection of Special Tax Revenues
Thc City shall comply with all requirements of the Act so as to assure the timely collection of Special
Tax Revenues, including without limitation, thc enforcement of delinquent Special Taxes.
On or within five (5) Business Days of each June 1, the Fiscal Agent shall provide the Director of
Finance with a notice stating the amount then on deposit in the Interest Account and Principal Account of the
Bond Fund, and the Reserve Fund, and infon'aing the City that the Special Taxes may need to be levied pursuant
to the Ordinance as necessary to provide for Annual Debt Service and Administrative Expenses and
replenishment (if necessary) of the Reserve Fund so that thc balance therein equals the Reserve Requirement.
The receipt of or failure to receive such notice by the Director of Finance shall in no way affect thc obligations
of the Director of Finance under the following two paragraphs. Upon receipt of such notice, thc Director of
Finance shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to
be levied, taldng into account any parcel splits during the preceding and then current year.
The Director of Finance shall effect the levy of the Special Taxes each Fiscal Year in accordance with
the Ordinance by each August 1 that the Bonds are Outstanding, or otherwise such that thc computation of the
levy is complete before the final date on which Auditor will accept the transmission of the Special Tax amounts
for the parcels within the CFD for inclusion on the next real property tax roll. Upon the completion of the
computation of the amounts of the levy, the Director of Finance shall prepare or cause to be prepared, and shall
transmit to the Auditor, such data as the Auditor requires to include the levy of thc Special Taxes on the next
real property tax roll.
The Director of Finance shall fix and levy the amount of Special Taxes within the CFD required for the
payment of principal of and interest on any Outstanding Bonds of the CFD becoming due and payable during
thc ensuing year, including any necessary replenishment or expenditure of the amount within the Reserve Fund
for the Bonds and an amount estimated to be sufficicm to pay the Administrative Expenses (including amounts
necessary to discharge any obligation under the Fiscal Agent Agreement) during such year, tal~ng into account
the balances in such funds and in the Bonds Fund, the Redemption Fund and the Special Tax Fund. The Special
Taxes so levied shall not exceed the authorized amounts as provided in the Ordinance.
The Special Taxes shall be payable and be collected in the same manner and at the same time and in the
same installment as the general taxes on real properly are payable, and have the same priority, become
delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties
and interest after delinquency as do the ad valorem taxes on real property.
Notwithstanding the foregoing, the Director of Finance shall, not later than July 15 of each Fiscal Year,
determine whether or not to cause the collection of any Special Taxes by direct, fa'st class mail billing to the
then owner of each parcel of properly in lieu of billing for such Special Taxes in the same manner as general
taxes as aforesaid. Such. direct mail billing shall be made not later than November 1 of the Fiscal Year and shall
direct the owner of the properly affected to pay the Special Taxes directly to the Director of Finance in two
equal installments, the first of which shall be due and delinquent if not paid on December l0 and the second of
which may be paid with the first and which, in any event, shall be due and delinquent if not paid on April l0 of
the Fiscal Year. Any such Special Taxes so billed shall have the same priority and bear the same proportionate
penalties and interest after delinquency as do the ad valorem taxes on real property.
Notwithstanding the foregoing, the Legislative Body may waive delinquency penalties and redemption
penalties if it makes all of the determinations set forth in Section 53340(0 of the Act.
Reduction in Maximum Annual Special Tax
The CFD finds and determines that, historically, delinquencies in the payment of special taxes
authorized pursuant to thc Act in community facility districts in Southern California have fi.om time to time
been at levels requiring the levy of special taxes at the maximum authorized rates in order to make timely
payment of principal of and interest on thc outstanding indebtedness of such community facilities dis~cts. For
this mason, the City has determined that, absent thc certification described below, a reduction in thc Maximum
Annual Special Tax (as such term is defined in the Rate and Method) authorized to be levied below the levels
provided would interfere with thc timely retirement of thc Bonds. Thc City has determined it to bc necessary in
order to preserve the security for thc Bonds to covenant and, to the maximum extent that thc law permits it to do
so, the City docs covenant, that it shat1 not initiate proceedings to reduce thc Maximum Special Tax Rates (as
such term is defined in the Rate and Method) unless, in connection therewith, (i) the City receives a certificate
fi.om one or more Tax Consultants which, when taken together, certify that, on thc basis of the parcels of land
and improvements existing in the City as of thc July 1 preceding the reduction, thc Maximum Annual Special
Tax which may be levied on all Assessor's Parcels (as such term is defined in the Rate and Method) of taxable
property on which a completed structure is located in each Fiscal Year will equal at least 110% of the gross deb~
service on all Bonds to remain Outstanding after the reduction is approved and will not reduce the Maximum
Annual Special Tax payable fi.om parcels on which a completed structure is located to less than 110% of
Maximum Annual Debt Service, and (ii) the Legislative Body finds pursuant to the Fiscal Agent Agreement that
any reduction made under such conditions will not adversely affect the interests of the Bondowners. Any
reduction in the Maximum Annual Special Tax approved pursuant to the preceding sentence may be approved
without the consent of the Bondowners.
The City covenants that, in the event that any initiative is adopted by the qualified electors which
purports to reduce the Maximum Annual Special Tax below the levels authorized pursuant to the Rate and
Method or to limit the power or authority of the City to levy Special Taxes pursuant to the Rate and Method, the
City shall, fi.om funds available thereunder, commence and pursue legal action in order to preserve the authOrity
and power of the City to levy Special Taxes pursuant to the Rate and Method.
Covenant to Foreclose
On or before March 1 and June 1 of each Fiscal year, the City will review the public records of the
County in connection with the Special Taxes levied in such Fiscal Year to determine the amount of Special
Taxes actually collected in such Fiscal Year. If the City determines that (a) any single parcel subject to the
Special Taxes is delinquent in the payment of Special Taxes in the aggregate of $3,000 or more or (b) any
parcels under common ownership subject to the Special Taxes are delinquent in the payment of Special Taxes in
the aggregate of $10,000 or more, the City shall, not later than forty-five (45) days of such determination, send
or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property
owner. The City shall cause judicial foreclosure proceedings to be commenced and filed in the Superior Court
not later than ninety (90) days of such determination against any parcel for which a notice of delinquency was
given pursuant to the Fiscal Agent Agreement and for which the Special Taxes remain delinquent. With respect
to aggregate delinquencies throughout the CFD, if the City determines that it has collected less than 90% of the
Special Taxes levied in the such Fiscal Year, then the City shall, not later than forty-five (45) days of such
determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof)
to the owner of each delinquent parcel (regardless of the amount of such delinquency). The City will cause
judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than ninety (90) days
of such determination against any parcel for which a notice of delinquency was given pursuant to the Fiscal
Agent Agreement and for which the Special Taxes remain delinquent.
Further Assurances
The City will adopt, make, execute and deliver any and all such further resolutions, instruments and
assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of
the Fiscal Agent Agreement, and for the better assuring and confirming unto the Owners of the rights and
benefits provided in the Fiscal Agent Agreement.
Private Activity Bond Limitations
The City shall assure that the proceeds of the Bonds arc not so used as to cause the Bonds to satisfy the
private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the
Code.
Federal Guarantee Prohibition
The City shall not rake any action or permit or suffer any action to be taken if the result of the same
would be to cause the Bonds to be "federally guaranteed" within the meaning of Section 149Co) of the Code.
Rebate Requirement
The City shall take any and all actions necessary to assure compliance with section 148(f) of the Code,
relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such
section is applicable to the Bonds. Funds shall be transferred to a Rebate Fund, to be held by the Fiscal Agent,
in accordance with the Fiscal Agent Agreement.
If necessary, the City may use (i) earnings on amounts in the Reserve Fund if the amount on deposit in
the Reserve Fund, following the proposed transfer, is equal to the Reserve Requirement, (ii) amounts on deposit
in the Administrative Expense Fund, and (iii) any other funds available to the CFD, including amounts advanced
by the City, in its sole discretion, to be repaid by the CFD in connection with the CFD as soon as practicable
from amounts described in the preceding clauses (i), (ii) and (iii), to satisfy its obligations under the Fiscal
Agent Agreement. The Director of Finance shall take note of any investment of monies thereunder in excess of
the yield on the Bonds, and shall take such actions as are necessary to ensure compliance with the Fiscal Agent
Agreement, such as increasing the portion of the Special Tax levy for Administration Expenses as appropriate to
have funds available in the Administrative Expense Fund to satisfy any rebate liability under the Fiscal Agent
Agreement.
No Arbitrage
The City shall not take, or permit or suffer to be taken by the Fiscal Agent or otherwise, any action with
respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or
C-19
had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds
to be "arbitrage bonds" within the meaning of section 148 of the Code.
Yield of the Bonds
In determining the yield of the Bonds to comply with the Fiscal Agent Agreement, the City will take
into account redemption (including premium, if any) in advance of maturity based on the reasonable
expectations of the City, as of the Closing Date, regarding prepayments of Special Taxes and use of
prepayments for redemption of the Bonds, without regard to whether or not prepayments are received or Bonds
redeemed.
Maintenance of Tax-Exemption
The City shall take all actions necessary to assure the exclusion of interest on the Bonds from the gross
income of the Owners of the Bonds to the same extent as such interest is permitted to be excluded from gross
income under the Code as in effect on the date of issuance of the Bonds.
No Parity Bonds
The City will issue no additional bonds on a parity with the Bonds; provided, that nothing contained
therein shall limit thc issuance of any Special Tax Bonds of thc CFD if (a) the rights and claims of such bonds to
the Special Tax Revenues and the funds and accounts established or described in the Fiscal Agent Agreement
are in all respects subordinate to the rights and claims of the Bonds, or (b) after the issuance and delivery of such
Special Tax Bonds, none of the Bonds shall be Outstanding. Defeased Bonds, or Bonds in exchange for or in
lieu of which other bonds have been delivered, shall not be considered Outstanding.
INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS
The CFD acknowledges that to the extent regulations of the Comptroller of the Currency or other
applicable regulatory entity grant the CFD the right to receive brokerage confirmations of security transactions
as they occur, the CFD specifically waives receipt of such confirmations to the extent permitted by law. The
Fiscal Agent will furnish the CFD periodic cash transaction statements, which include detail for all investment
transactions made by the Fiscal Agent thereunder.
Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund
or account. Any income realized on or losses resulting from investments in any fund or account shall be
credited or changed to such fund or account. Whenever in the Fiscal Agent Agreement any moneys are required
to be transferred by the City to the Fiscal Agent, such transfer may be accomplished by transferring a like
amount of Permitted Investments.
The Fiscal Agent and its affiliates or the Director of Finance may act as sponsor, advisor, depository,
principal or agent in the acquisition or disposition of any investment. The Fiscal Agent shall not incur any
liability for losses arising from any investments made pursuant to the Fiscal Agent Agreement. The Fiscal
Agent shall not be required to determine the legality of any investments.
Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or
account created by or pursuant to the Fiscal Agent Agreement, or otherwise containing gross proceeds of the
Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date
that valuation is required by the Fiscal Agent Agreement of the Code) at Fair Market Value. Investments in
funds or accounts (or portions thereof) that are subject to a yield reslriction under the applicable provisions of
the Code and (unless valuation is undertaken at least annually) investments in the Reserve Fund shall be valued
at their present value (within the meaning of section 148 of the Code). The Fiscal Agent shall not be liable for
verification of the application of such sections of the Code.
Investments in any and all funds and accounts may be commingled in a separate fund or funds for
purposes of making, holding and disposing of investments, notwithstanding provisions therein for transfer to or
holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent
thereunder, provided that the Fiscal Agent shall at all times account for such investments strictly in accordance
with the funds and accounts to which they are credited and otherwise as provided in the Fiscal Agent
Agreement.
Subject to the restrictions set forth therein and/or any written investment instructions received by Fiscal
Agent pursuant to the Fiscal Agent Agreement, monies in said funds and accounts may be from time to time
invested by the Fiscal Agent in any manner so long as:
(1) Monies in the Project Fund shall be invested in obligations which will by their terms
mature as close as practicable to the date the CFD estimates the monies represented by the particular
investment will be needed for withdrawal from such Fund; and
(2) Monies in the Special Tax Fund, the Bond Fund, the Redemption Fund and the Reserve
Fund shall be invested only in obligations which will by their terms either mature or allow for
withdrawals at par on such dates so as to ensure the payment of principal and interest on the Bonds as
the same become due; provided, however, that except for investment agreements as described in
paragraph 11 of the def'mition Of Permitted Investments which permit withdrawal at par, investment of
monies on deposit in the Reserve Fund shall have an average aggregate weighted term not greater than
five (5) years.
The Fiscal Agent or Director of Finance, as applicable shall sell at Fair Market Value, or present for
redemption, any investment security whenever it shall be necessary to provide moneys to meet any required
payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is
credited and neither the Fiscal Agent nor the Director of Finance shall be liable or responsible for any loss
resulting from the acquisition or disposition of such investment security in accordance therewith.
THE FISCAL AGENT
Appointment of Fiscal Agent
Wells Fargo Bank, National Association, is appointed Fiscal Agent pursuant to the Fiscal Agent
Agreement and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such
duties, as are specifically set forth in the Fiscal Agent Agreement, and no implied covenants or obligations shall
be read into the Fiscal Agent Agreement against the Fiscal Agent.
Any company into which the Fiscal Agent may be merged or converted or with which it may be
consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party
or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust
business, provided such company shall be eligible under the following paragraph of the Fiscal Agent
Agreement, shall be the successor to such Fiscal Agent without the execution or filing of any paper or any
further act, anything therein to the contrary notwithstanding.
Upon thirty (30) days prior written notice, the City may remove the Fiscal Agent initially appointed, and
any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank
or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Fifty Million
Dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or
trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any
supervising or examining authority above referred to, then for the purposes of the Fiscal Agent Agreement,
combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and
surplus as set forth in its most recent report of condition so published.
The Fiscal Agent may at any time resign by giving written notice to the City and by giving to the
Owners notice by mail of such resignation. Upon receiving notice of such resignation, the City shall promptly
appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent
shall become effective upon acceptance of appointment by the successor Fiscal Agent.
If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of the
Fiscal Agent Agreement within forty-five (45) days after the Fiscal Agent shall have given to the City written
notice of its resignation or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its
inability to act, the Fiscal Agent or any Owner may apply to any court of competent jurisdiction to appoint a
successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper,
appoint a successor Fiscal Agent.
Liability of Fiscal Agent
The recitals of facts, covenants and agrcemems therein and in the Bonds contained shall be taken as
statements, covenants and agreements of the City, and the Fiscal Agent assumes no responsibility for the
correctness of the same, or makes any representations as to the validity or sufficiency of the Fiscal Agent
Agreement or of the Bonds, or shall incur any responsibility in respect thereof, other than in connection with the
duties or obligations therein or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable
in connection with the performance of its duties thereunder, except for its own negligence or willful default.
Thc Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering
memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds.
In the absence of bad faith or gross negligence, the Fiscal Agent may conclusively rely, as to the truth of
the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to
the Fiscal Agent and conforming to the requirements of the Fiscal Agent Agreement; but in the case of any such
certificates or opinions by which any provision thereof arc specifically required to be furnished to the Fiscal
Agent, the Fiscal Agent shall bc under a duty to examine the same to determine whether or not they conform to
the requirements of thc Fiscal Agent Agreement. Except as provided above in ~his paragraph, the Fiscal Agent
shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good
faith, reasonably and in accordance with the terms of the Fiscal Agent Agreement, upon any resolution, order,
notice, rcquest, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in
good faith reasonably believe to be genuine and to have been adopted or signed by the proper Person or to have
been prepared and furnished pursuant to any provision of the Fiscal Agent Agreement, and the Fiscal Agent
shall not be under any duty to make any investigafion or inquiry as to any statements contained or matters
referred to in any such instrument.
The Fiscal Agent shall not be liable for any error of judgment made in good faith unless it shall be
proved that the Fiscal Agent was negligent in ascertaining the pertinent facts.
No provision of the Fiscal Agent Agreement shall require the Fiscal Agent to expend or risk its own
funds or otherwise incur any financial liability in the performance of any of its duties thereunder, or in the
exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such
funds or adequate indemnity against such risk or liability is not reasonably assured to it.
The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by thc
Fiscal Agent Agreement at the request or direction of any of the Owners pursuant to the Fiscal Agent Agreement
unless such Owners shall have offered to the Fiscal Agent reasonable security or indemnity against the costs,
expenses and liabilities which might be incurred by it in compliance with such request or direction.
The Fiscal Agent may become the Owner of the Bonds with the same rights it would have if it were not
the Fiscal Agent.
MODIFICATION OR AMENDMENT OF THE AGREEMENT
Amendments Permitted
The Fiscal Agent Agreement and the rights and obligations of the City and/or CFD and of the Owners of
the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative
vote at a meeting of Owners, or with the written consent without a meeting, of the Owners of at least sixty
percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as
provided in the Fiscal Agent Agreement. No such modification or amendment shall (i) extend the maturity of
any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the City to pay the
principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such
Bond, or (ii) permit the creation by the City of any pledge or lien upon the Special Taxes superior to or on a
parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act,
the laws of the State of California or the Fiscal Agent Agreement), or reduce the percentage of Bonds required
for the amendment thereof. Any such amendment may not modify any of the rights or obligations of the Fiscal
Agent without its written consent.
The Fiscal Agent Agreement and thc rights and obligations of the City and of the Owners may also be
modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the
extent permkted by law and only for any one or more of the following purposes:
(i) to add to the covenants and agreements of the CFD or City in the Fiscal Agent
Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender
any right or power therein reserved to or conferred upon the City or CFD;
(ii) to make modifications not adversely affecting any outstanding series of Bonds of the
City or CFD in any material respect;
(iii) to make such provisions for the purpose of curing any ambiguity, or of curing,
correcting or supplementing any defective provision contained in the Fiscal Agent Agreement, or in
regard to questions arising under the Fiscal Agent Agreement, as the CFD or City and the Fiscal Agent
may deem necessary or desirable and not inconsistent with the Fiscal Agent Agreement, and which shall
not adversely affect the rights of the Owners of the Bonds; and
(iv) to make such additions, deletions or modifications as may be necessary or desirable to
assure exemption from gross federal income taxation of interest on the Bonds.
Owners' Meetings
The City on behalf of the CFD may at any time call a meeting of the Owners. In such event the City is
authorized to fix the time and place of said meeting and to provide for the giving of notice thereof, and to fix
and adopt roles and regulations for the conduct of said meeting.
Procedure for Amendment with Written Consent of Owners
The City on behalf of the CFD and the Fiscal Agent may at any time adopt a Supplemental Agreement
amending the provisions of the Bonds or of the Fiscal Agent Agreement or any Supplemental Agreement, to the
extent that such amendment is permitted by the Fiscal Agent Agreement, to take effect when and as provided in
the Fiscal Agent Agreement. A copy of such Supplemental Agreement, together with a request to Owners for
their consent thereto, shall be mailed by first class mail, by the Fiscal Agent to each Owner of Bonds
Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity
of the Supplemental Agreement when assented to as provided in the Fiscal Agent Agreement.
Such Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal
Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the
Bonds then Outstanding (exclusive of Bonds disqualified as provided in the Fiscal Agent Agreement) and a
notice shall have been mailed as hereinafter in this Section provided each such consent shall be effective only if
accompanied by proof of ownersh/p of the Bonds for which such consent is given, which proof shall be such as
is permitted by the Fiscal Agent Agreement. Any such consent shall be binding upon the Owner of the Bonds
giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof)
unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing
such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for
has been mailed.
After the Owners of the required percentage of Bonds shall have filed their consents to the
Supplemental Agreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this
Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement
has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in
this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement
or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record,
consisting of the papers required by the Fiscal Agent Agreement to be filed with the Fiscal Agent, shall be proof
of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective
upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement
shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article)
upon the CFD, City and the Owners of all Bonds at the expiration of thirty (30) days after such filing, except in
the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or
equitable proceeding for such purpose commenced within such thirty-day period.
Effect of Supplemental Agreement
From and after the time any Supplemental Agreement becomes effective pursuant to the Fiscal Agent
Agreement, this Agreement shall be deemed to be modified and amended in accordance therewith, the
respective rights, duties and obligations under this Agreement of the City, CFD, and all Owners of Bonds
Outstanding shall thereafter be determined, exercised and enfomed hereunder subject in all respects to such
modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be
deemed to be part of the terms and conditions of this Agreement for any and all purposes.
DISCHARGE OF THE AGREEMENT
The City shall have the option to pay and discharge the entire indebtedness on all or any portion of the
Bonds Outstanding in any one or more of the following ways:
(A) by well and truly paying or causing to be paid the principal of, and interest and any
premium on, such Bonds Outstanding, as and when the same become due and payable;
(B) by depositing with the Fiscal Agent, in trust, at or before maturity, money which,
together with the amounts then on deposit in the funds and accounts provided for in the Fiscal Agent
Agreement is fully sufficient to pay such Bonds Outstanding, including all principal, interest and
redemption premiums; or
(C) by irrevocably depositing with the Fiscal Agent, in hast, cash and Federal Securities in
such amount as the City on behalf of the CFD shall determine as confirmed by an independent certified
public accountant will, together with the interest to accrue thereon and moneys then on deposit in the
fund and accounts provided for in the Fiscal Agent Agreement, be fully sufficient to pay and discharge
the indebtedness on such Bonds (including all pr/ncipal, interest and redemption premiums) at or before
their respective maturity dates.
C-24
If the City shall have taken any of the achons specified in (A), (B) or (C) above, and if such Bonds are
to be redeemed prior to the maturity thereof notice of such redemption shall have been given as in this
Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such
notice, then, at the election of the City, and notwithstanding that any Bonds shall not have been surrendered for
payment, the pledge of the Special Taxes and other funds provided for in the Fiscal Agent Agreement
Agreement and all other obligations of the City under this Agreement with respect to such Bonds Outstanding
shall cease and terminate. Notice of such election shall be filed with the Fiscal Agent. Notwithstanding the
foregoing, the obligation of the City to pay or cause to be paid to the Owners of the Bonds not so surrendered
and paid all sums due thereon, all amounts owing to the Fiscal Agent pursuant to the Fiscal Agent Agreement,
and otherwise to assure that no action is taken or failed to be taken if such action or failure adversely affects the
exclusion of interest on the Bonds from gross income for federal income tax purposes, shall continue in any
event.
Upon compliance by the City with the foregoing with respect to all Bonds Outstanding, any funds held
by the Fiscal Agent after payment of all fees and expenses of the Fiscal Agent, which are not required for the
purposes of the preceding paragraph, shall be paid over to the City and any Special Taxes thereafter received by
the City shall not be remitted to the Fiscal Agent but shall be retained by the City to be used for any purpose
permitted under the Act.
EVENTS OF DEFAULT; REMEDIES
Events of Default
Any one or more of the following events shall constitute an "event of default":
(i) Default in the due and punctual payment of the principal of or redemption premium, if
any, on any Bond when and as the same shall become due and payable, whether at maturity as therein
expressed, by declaration or otherwise;
(ii) Default in thc due and punctual payment of thc interest on any Bond when and as the
same shall become due and payable; or
(iii) Default by the City or the CFD in the observance of any of the agreements, conditions
or covenants on its part in the Fiscal Agent Agreement or in the Bonds contained (other than a payment
default referred to in subparagraph (A) and (B) above), and the continuatiun of such default for a period
of 60 days after the City and the CFD shall have been given notice in writing of such default by the
Fiscal Agent or by the Owners of 25% aggregate principal amount of Bonds Outstanding, provided that
if within 60 days the City or the CFD, as applicable, has commenced curing of the default and diligently
pursues elimination thereof, such period shall bc extended to permit such default to be eliminated.
Remedies of Owners
Following the occurrence of an event of dcfanlt, any Owner shall have the right for the equaI benefit and
protection of all Owners similarly situated:
(i) By mandamus or other suit or proceeding at law or in equity to enforce his or her rights
against the City or the CFD and any of the members, officers and employees of the City or the CFD, and
to compel the City or CFD, as applicable, or any such members, officers or employees to perform and
carry out their duties under the Act and their agreements with the Owners as provided in the Fiscal
Agent Agreement;
(ii) By suit in equity to enjoin any actions or things which are unlawful or violate the rights
of the Owners; or
C-25 ~,. 7
(iii) By a suit in equity to require the City or the CFD, as applicable, and its members,
officers and employees to account as the trustee of an express trust.
Nothing in this article or in any other provision of the Fiscal Agent Agreement, or in the Bonds, shall
affect or impair the obligation of the CFD, which is absolute and unconditional, to pay the interest on and
principal of the Bonds to the respective Owners of the Bonds at the respective dates of maturity, as therein
provided, out of the Special Tax Revenues pledged for such payment, or affect or impair the fight of action,
which is also absolute and unconditional, of such Owners to institute suit to enforce such payment by virtue of
the contract embodied in the Bonds and in the Fiscal Agent Agreement.
A waiver of any default or breach of duty or contract by any Owner shall not affect any subsequent
default or breach of duty or contract, or impair any rights or remedies on any such subsequent default or breach.
No delay or omission by any Owner to exercise any right or power accruing upon any default shall impair any
such fight or power or shall be construed to be a waiver of any such default or an acquiescence therein, and
every power and remedy conferred upon the Owners by the Act or by this article may be enforced and exercised
from time to time and as often as shall be deemed expedient by the Owners.
If any suit, action or proceeding to enforce any fight or exercise any remedy is abandoned or determined
adversely to the Owners, the City, the CFD and the Owners shall be restored to their former positions, rights and
remedies as if such suit, action or proceeding had not been brought or taken.
No remedy therein conferred upon or reserved to the Owners is intended to be exclusive of any other
remedy. Every such remedy shall be cumulative and shall be in addition to every other remedy given under the
Fiscal Agent Agreement, at law or in equity or by statute or other~se, and may be exemised without exhausting
and without regard to any other remedy conferred by the Act or any other law. The Fiscal Agent shall not be
obligated to take any action on behalf of the Owners if the City or the CFD defaults under the Fiscal Agent
Agreement.
APPENDIX D
BOOK-ENTRY ONLY SYSTEM
The information in this section concerning DTC and DTC 's book-entry only system has been obtained
from DTC. The City takes no responsibility for the accuracy thereof. The City cannot and does not give any
assurances that DTC, DTC Participants or Indirect Participants will distribute to the Beneficial Owners (a)
payments of interest or principal with respect to the Bonds, (b) certificates representing ownership interest in or
other confirmation or ownership interest in the Bonds, or (c) redemption or other notices sent to DTC or Cede
& Co., its nominee, as the registered owner of the Bonds, or that they will so do on a timely basis or that DTC,
DTC Participants or DTC Indirect Participants will act in the manner described in this Oj~cial Statement. The
current "Rules" applicable to DTC are on file with the Securities and Exchange Commission and the current
"Procedures" of DTC to be followed in dealing with DTC Participants are on file with DTC.
DTC in New York, New York, will act as securities depository for the Bonds. Thc Bonds will be issued
as fully-registered securities registered initially in the name of Cede & Co. (DTC's partnership nominee). One
fully-registered bond certificate will be issued for each maturity of the Bonds in thc aggregate principal amount
of such maturity, and will be deposited with DTC.
DTC is a limited-purpose trust company organized under thc New York Banking law, a "banking
organization" within the meaning of the New York Banking law, a member of the Federal Reserve System, a
"clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing
agency" registered under thc provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds
securities that its participants ("Participants") deposit with DTC. DTC also facilitates thc settlement among
Participants of securities transactions, such as transfers and pledges, in deposited securities through electyonic
computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement
of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies,
clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and
by thc New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of
Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and
dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct
Participant, either directly or indirectly ("Indirect Participants"). The Rules applicable to DTC and its
Participants arc on file with the Securities and Exchange Commission.
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will
receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of Bonds (a
"Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial
Owners will not receive written confirmation fi.om DTC of their purchase, but Beneficial Owners are expected
to receive written confirmations providing details of the transaction, as well as periodic statements of their
holdings, fi.om the Direct or Indirect Participant through which the Beneficial Owner entered into the
transaction. Transfers o£ ownership interests in the Bonds arc to be accomplished by entries made on thc books
of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive physical certificates
representing their ownership interests in Bonds, except in the event that usc of the book-entry system for thc
Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the
name ofDTC's parmership nominee, Cede & Co. The deposit of Bunds with DTC and their registration in the
name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial
Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such
Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible
for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants
to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be
governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect
from time to time.
While Bonds are in the book-entry only system, redemption notices shall be sent to Cede & Co. If less
than all of the Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of
the interest of each Direct Participation in such maturity to be redeemed.
Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual
procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus
Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the
Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct
Participants' accounts on a payable date in accordance with their respective holdings shown on DTC's records
unless DTC has reason to believe that it will not receive payment on the payable date. Payments by Participants
to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with
securities held for the accounts of customers in bearer form or registered in "street name," and will be the
responsibility of such Participant and not of DTC, the Fiscal Agent, or the City, subject to any statutory or
regulatory requirements as may be in effect form time to time. Payment of principal and interest to DTC is the
responsibility of the Fiscal Agent, disbursement of such payments to Direct Participants shall be the
responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility
of Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to the Bonds at any
time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a
successor securities depository is not obtained, Bond certificates are required to be printed and delivered.
The City may decide to discontinue use of the system of book-entry transfers through DTC (or a
successor securities depository). In that event, Bond certificates will be printed and delivered.
Procedures If Book-Entry-Only System Is Discontinued
If the book-entry-only system should be discontinued, the interest on, principal of and redemption
prern~um (if any) on the Bonds would be payable at the principal corporate trust office of the Fiscal Agent. The
interest due on or before maturity or redemption would be payable only to the person whose name appears as
registered owner in the registration books required to bc kept by the Fiscal Agent at the close of business as of
the 15th day of the month next preceding each interest payment date. Interest would be paid by check mailed by
first class mail to such registered owner at his or her address as it appears on such books, except that a registered
owner of $1,000,000 or more in aggregate principal amount of Bonds then outstanding may request with 15
days' prior notice that payment be made by wire transfer on each such interest payment date. The principal of
and redemption premium, if any, on the Bonds would be payable only to thc person whose name appears in such
registration books as the registered owner, such principal and redemption premium, if any, to be paid only on
thc surrender of each Bond to the Fiscal Agent at maturity or on redemption prior to maturity.
If the book-entry-only system should be discontinued, the Bonds will be delivered in certificated form to
the registered owners. Thereafter, any Bond may, in accordance with its terms, be transferred or exchanged on
such books by the person in whose name it is registered, in person or by his or her duly authorized attorney,
upon payment by the bondholder requesting such transfer or exchange of any tax or other governmental charge
required to be paid with respect to such transfer or exchange and upon surrender of such Bond for cancellation
accompanied by delivery of a duly executed written instrument of transfer of exchange in a form acceptable to
the Fiscal Agent. Neither the City nor the Fiscal Agent is required (i) to transfer or exchange any Bonds during
D-2 53 ~
the 15-day period prior to the selection of any Bonds for redemption, or (ii) to transfer or exchange any Bond
that has been selected for redemption in whole or in part, except the unredeemed portion of such Bond selected
for redemption in part, from and after the day that such Bond has been selected for redemption.
APPENDIX E
FORMS OF CONTINUING DISCLOSURE AGREEMENTS
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-03
(RANCHO SUMMIT)
2005 SPECIAL TAX BONDS
CITY CONTINUiNG DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by City
of Rancho Cucamonga, for itself and on behalf of the City of Rancho Cucamonga Community Facilities Dis~ct
No. 2000-03 (Rancho Summit) (the "Issuer"), and Wells Fargo Bank, National Association, a national banking
association duly organized and existing under the laws of the United States of America (the "Dissemination
Agent") in connection with the issuance of the $9,875,000' City of Rancho Cucamonga Community Facilities
Dis~ct No. 2000-03 (Rancho Summit) 2005 Special Tax Bonds (the "Bonds"). The Bonds are being issued
pursuant to a Fiscal Agent Agreemant dated as of September 1, 2005 (the "Fiscal Agent Agreement") between
the Issuer and Wells Fargo Bank, National Association, as Fiscal Agent (the "Fiscal Agent"). The Issuer and the
Dissemination Agent covenant and agree as follows:
Section 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed
and delivered by the Issuer for the benefit of the Owners o£ the Bonds and in order to assist the Participating
Underwriters (as defined herein) in complying with S.E.C. Rule 15c2-12(b)(5).
Section 2. Definitions. In addition to the definitions set forth in the Fiscal Agent Agreement,
which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section,
the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Reports provided by the Issuer pursuant to, and as described in,
Sections 3 and 4 of this Disclosure Agreement.
"Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or
consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through
nominees, depositories or other intermediaries) or (b) is treated as the owner of any Bonds for federal income
tax purposes.
"District" shall mean the City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit).
"Disclosure Representative" shall mean the Director of Finance of the Issuer or his or her designee, or
such other officer or employee as the Issuer shall designate in writing to the Dissemination Agent from time to
time.
"Dissemination Agent" shall mean Wells Fargo Bank, National Association, acting in its capacity as
Dissemination Agent, or any successor Dissemination Agent designated in writing by the Issuer and which has
filed with the Issuer a written acceptance of such designation.
"Fiscal Year" shall mean the'twelve month period beginning on July 1 of each year and ending on June
30 of the following year.
"Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Agreement.
Preliminary, subject to change.
"National Repository" shall mean any Nationally Recognized Municipal Securities Repository for
purposes of the Rule. The Nationally Recognized Municipal Securities Information Repository for purposes of
the Rule are identified in the Securities and Exchange Commission website located at
http://www.sec.gov/consumer/nrmsir.htm.
"Participating Underwriters" shall mean Stone & Youngberg LLC whose address is: One Ferry
Building, San Francisco, California 94111.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private repository or entity designated by the State of
California as a state repository for the purpose of the Rule. As of the date of this Disclosure Agreement, there is
no State Repository.
"Tax-exempt" shall mean that interest on the Bonds is excluded from gross income for federal income
tax purposes, whether or not such interest is includable as an item of tax preference or otherwise includable
directly or indirectly for purposes of calculating any other tax liability, including any alternative minimum tax or
environmental tax.
Section 3. Provision of Annual Reports.
(a) The Issuer shall, or shall cause the Dissemination Agent to, not later than February 1 of each
year, commencing February 1, 2006, provide to each Repository an Annual Report which is consistent with the
requirements of Section 4 of this Disclosure Agreement. Not later than fifteen (15) Business Days prior to said
date, the Issuer shall provide the Annual Report to the Dissemination Agent. In each case, the Annual Report
may be submitted as a single document or as separate documents comprising a package, and may cross-
reference other information as provided in Section 4 of this Disclosure Agreement. The information contained or
incorporated in each Annual Report shall be for the Fiscal Year which ended on the preceding June 30. The
Issuer shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the
effect that such Am/ual Report constitutes the Annual Report required to be furnished by it hereunder. The
Dissemination Agent may conclusively rely upon such certifications of the Issuer and shall have no duty or
obligation to review any such Annual Report.
(b) If the Dissemination Agent is unable to verify that an Annual Report has been provided to the
Repositories by the date specified in subsection (a), the Dissemination Agent shall send a notice to each
Repository in substantially the form attached as Attachment A.
(c) The Dissemination Agent shall:
1. determine each year prior to the date for providing the Annual Report the name and
address of each National Repository and each State Repository, if any; and
2. to the extent it can confirm such filing of the Annual Report, file a report with the Issuer
certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the
date it was provided and listing all the Repositories to which it was provided.
(d) Notwithstanding any statement to the contrary, any filing under this agreement may be made
solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC"), or any other central
post office approved by the Securities and Exchange Commission as provided at http://www.disclosureusa.or~
unless the United States Securities and Exchange Commission has withdrawn the interpretive advice in its letter
to the MAC dated September 7, 2004.
(e) The Issuer shall, or if received by the Dissemination Agent, the Dissemination Agent shall,
deliver a copy of each Annual Report to the Participating Underwriter at the time the Annual Report is provided
to the Repositories in accordance with tins section.
Section 4. Content of Annual Reports. The Annual Report shall contain or incorporate by
reference the information set forth in Exhibit B, any or all of which may be included by specific reference to
other documents, including official statements of debt issuances of the City, the District or related public
entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If
the document included by reference is a final official statement, it must be available from the MSRB. The City
shall clearly identify each such other document so included by reference.
Any or all of the items listed above may be incorporated by reference from other documents, including
official statements of debt issues of the Issuer or related public entities, which have been submitted to each of
the Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a
final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall
clearly identify each such other document so incorporated by reference.
Audited financial statements of the Issuer shall be audited by such auditor as shall then be required or
permitted by the laws of the State of California or the Fiscal Agent Agreement. Audited f~mancial statements, if
prepared by the Issuer, shall be prepared in accordance with generally accepted accounting principles as
prescribed for governmental units by the Governmental Accounting Standards Board; provided, however, that
the Issuer may from time to time, if required by federal or state legal requirements, modify the basis upon which
its financial statements are prepared. In the event that the Issuer shall modify the basis upon which its financial
statements are prepared, the Issuer shall provide a notice of such modification to each Repository, including the
reference to the specific federal or state law or regulation specifically describing the legal requirements for the
change in accounting basis.
Section 5. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 5, the Issuer shall give or cause to be given, notice of
the occurrence of any of the following event:
1. Delinquency in payment when due of any principal of or interest on the Bonds.
2. Occurrence of any default under the Fiscal Agent Agreement (other than as described in
clause (1) above).
3. Amendment to or modification of the Fiscal Agent Agreement or this Disclosure
Agreement modifying the rights of the Owners of the Bonds.
4. Giving of a notice of optional or unscheduled redemption of any of the Bonds.
5. Defeasance of the Bonds or any portion thereof.
6. Any change in any rating on the Bonds.
7. Adverse tax opinions or events affecting the Tax-exempt status of the Bonds.
8. Any unscheduled draw on the Reserve Fund or any account therein reflecting financial
difficulties.
9. Unscheduled draws on credit enhancements reflecting financial difficulties.
10. Substitution of credit or liquidity providers, or their failure to perform.
11. The release, substitution or sale of property securing repayment of the Bonds (including
property leased, mortgaged or pledged as such security).
(b) The Dissemination Agent shall, within one (1) Business Day of obtaining actual knowledge of
the occurrence of any of the Listed Events (except events listed in clauses (a)(1), (4) or (5)), or as soon as is
reasonably possible, with no obligation to determine the materiality thereof, contact the Disclosure
Representative, inform such person of the event, and request that the Issuer promptly notify the Dissemination
Agent in writing whether or not to report the event pursuant to subsection (f). For the purpose of this Disclosure
Agreement "actual knowledge" means actual knowledge at the corporate trust office of the Dissemination Agent
by an officer of the Dissemination Agent with responsibility for matters related to the administration of the
Fiscal Agent Agreement.
(c) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, whether because of
a notice from the Dissemination Agent pursuant to subsection (b) or otherwise, the Issuer shall as soon as
possible determine if such event would constitute material information for Owners of the Bonds under
applicable Federal securities law, provided that any event under subsection (a) (6) will always be deemed to be
material.
(d) If the Issuer has determined that knowledge of the occurrence of a Listed Event would be
material under applicable Federal securities law, the Issuer shall promptly notify the Dissemination Agent in
waiting. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to subsection (f).
(e) If in response to a request under subsection (b), the Issuer determines that the Listed Event
would not be material, the Issuer shall so notify the Dissemination Agent in writing and instruct the
Dissemination Agent not to report the occurrence pursuant to subsection (f).
(f) If the Dissemination Agent has been instructed by the Issuer to report the occurrence of a Listed
Event, the Dissemination Agent shall file a notice of such occurrence with the Municipal Securities Rulemaking
Board and each State Repository. Notwithstanding the foregoing:
1. Notice of the occurrence of a Listed Event described in subsections (a)(1), (4) or (5)
shall be given by the Dissemination Agent unless the Issuer gives the Dissemination Agent affirmative
instructions not to disclose such occurrence; and
2. Notice of Listed Events described in subsections (a)(4) and (5) need not be given under
this subsection any earlier than the notice (if any) of the underlying event is given to Owners of the
affected Bonds pursuant to the Fiscal Agent Agreement.
Section 6. Termination of Reporting Obligation. The Issuer's obligations under this Disclosure
Agreement shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds.
Section 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may
discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The
initial Dissemination Agent shall be Wells Fargo Bank, National Association. The Dissemination Agent may
resign by providing thirty (30) days written notice to the Issuer and the Fiscal Agent. If at any time there is no
designated Dissemination Agent appointed by the Issuer, or if the Dissemination Agent so appointed is
unwilling or unable to perform the duties of the Dissemination Agent hereunder, the Issuer shall be the
Dissemination Agent and undertake or assume its obligations hereunder.
Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure
Agreement, the Issuer may amend this Disclosure Agreement (and the Dissemination Agent shall agree to any
amendment requested by the Issuer, provided the Dissemination Agent shall not be obligated to enter into any
amendment increasing or affecting its duties or obligations), and any provision of this Disclosure Agreement
may be waived, if such amendment or waiver is supported by an opinion of counsel expert in Federal securities
law, acceptable to both the Issuer and the Dissemination Agent, to the effect that such amendment or waiver
would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had
been effective on the date hereof but taking into account any subsequent change in or official interpretation of
the Rule.
Section 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to
prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this
Disclosure Agreement or any other means of communication, or including any other information in any Annual
Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure
Agreement. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a
Listed Event in addition to that which is specifically required by this Disclosure Agreement, the Issuer shall
have no obligation under this Disclosure Agreement to update such information or include it in any future
Annual Report or notice of occurrence of a Listed Event.
Section 10. Default. In the event of a failure of the Issuer to comply with any provision of this
Disclosure Agreement, any Owner or Beneficial Owner of the Bonds may take such actions as may be necessary
and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to
comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall
not be deemed an event of default under the Fiscal Agent Agreement, and the sole remedy under this Disclosure
· Agreement in the event of any failure of the Issuer or the Dissemination Agent to comply with this Disclosure
Agreement shall be an action to compel performance.
Section 11. Duties, Immunities and Liabilities of the Dissemination Agent. Section 7.2 of the
Fiscal Agent Agreement is hereby made applicable to this Disclosure Agreement as if this Disclosure
Agreement were (solely for this purpose) contained in the Fiscal Agent Agreement. q[he Dissemination Agent
shall be entitled to the protections and limitations afforded to the Fiscal Agent under said Section 7.2. The
Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Agreement, and
the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents,
harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or
performance of its duties hereunder, including the costs and expenses (including attorneys' fees) of defending
against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful
misconduct. The Dissemination Agent shall be paid compensation by the Issuer for its services provided
hereunder in accordance with its schedule of fees as amended from time to time and shall be reimbursed by the
Issuer all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of
its duties hereunder but solely from amounts in the Administrative Expense Fund established under the Fiscal
Agent Agreement. Neither the Dissemination Agent nor the Fiscal Agent shall have any duty or obligation to
review any information provided to it hereunder or shall be deemed to be acting in any fiduciary capacity for the
Issuer, the owners of the Bonds or any other party. The obligations of the Issuer under this section shall survive
resignation or removal of the Dissemination Agent and payment of the Bonds. Any company succeeding to all
or substantially all of the Dissemination Agent's corporate trust business shall be the successor to the
Dissemination Agent hereunder without the execution or filing of any document or any further act.
Section i2. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Issuer,
the Dissemination Agent, the Participating Underwriters and the Owners from time to time of the Bonds, and
shall create no rights in any other person or entity.
Section 13. Counterparts. This Disclosure Agreement may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same instrument.
Dated: October 1, 2005
City of Rancho Cucamonga, for itself and on behalf of City of
Rancho Cucamonga Community Facilities District 2000-03
(Rancho Summit)
By:
City Manager
Wells Fargo Bank, National Association,
as Dissemination Agent
By:.
Authorized Signatory
ATTACHMENT A
NOTICE TO REPOSITORIES
OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: City of Rancho Cucamonga
Name of Bond Issue: CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT)
2005 SPECIAL TAX BONDS
Date of Issuance: October ,2005
NOTICE IS HEREBY GIVEN that the Issuer o£has not pro~ided an Annual Report with respect
to the above-referenced Bonds as required by the Continuing Disclosure Agreement dated as of October
1, 2005 between the Issuer and Wells Fargo Bank, National Association, as Fiscal Agent. The Issuer
anticipates that the Annual Report will be filed by
Dated:
Wells Fargo Bank, National Association,
as Dissemination Agent on Behalf of the Issuer
By:
Authorized Signatory
EX_gIIBIT B
ISSUER ANNUAL REPORT
City Of Rancho Cucamonga
Community Facilities District No. 2000-03 (Rancho Summit)
2005 Special Tax Bonds
This Annual Report is hereby submitted under Section 4 of the Continuing Disclosure Certificate
dated as of October 1, 2005 executed by the undersigned (the "District") in connection with the issuance
by the District of the above-captioned bonds.
(a) Financial Statements. Attached to this Annual Report are (i) audited financial statements
of the District and the City prepared in accordance with generally accepted accounting principles as
promulgated to apply to governmental entities from time to time by the Governmental Accounting
Standards Board, or (ii) unaudited financial statements of the District and the City (because the audited
financial statements were not available by the Report Date), and the audited financial statements will be
filed in the same manner as this Annual Report when they become available.
(b) Yearly Report Provided to CDIAC. Attached to this Annual Report is copy of the most
recent Yearly Fiscal Status Report required to be filed by the District with the California Debt and
Investment Advisory Commission pursuant to the Act. The report includes the following information as
of the close of the most recent fiscal year:
1. The current minimum balance in the Reserve Fund.
2. The outstanding principal amount of the Bonds.
3. Balances in the Reserve Fund, Escrow Fund, Improvement Fund, and Bond Fund.
4. Assessed value of all parcels in the District subject to the Special Tax.
5. Total amount of Special Taxes due and total amount uncollected from properties within
the District.
6. Total number of delinquent parcels within the District, total amount of Special Taxes due
on delinquent parcels within the District, and information on foreclosure against
delinquent parcels within the District.
(c) Maturity and Redemption Schedule. Below is the maturity schedule for the outstanding
Bonds and a listing of Bonds redeemed prior to maturity.
Matu~ty Schedule of the Bonds
Principal
Payment Date Principal Interest Early
(September 1) Amount Rate Price Yield Redemption
Date
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
(d) Special Tax Prepayments. Below is a listing of all parcels within the District for which
Special Tax obligation was fully or partially prepaid for the prior fiscal year, along with the Special
prepayment amount.
Parcel APN Full or Partial Prepayment Prepayment Amount
(e) Additional Delinquency Information.
1. Below is a listing of all parcels within the District that were delinquent in the payment of
the Special Taxes, as applicable, in the aggregate of $3,000 or more for the prior fiscal
year:
Parcel APN Delinquency Amount Length of Delinquency
Total:
2. Below is a listing of all parcels within the District that are under common ownership and
were delinquent in the payment of the Special Taxes, as applicable, in the aggregate of
$10,000 or more during the prior fiscal year:
Parcel APN Delinquency Amount Length of Delinquency
Total:
3. If the total delinquencies within the District as of the prior June 1 exceed 10% of the total
Special Tax levied for the prior fiscal year, below is a listing of all parcels that were
delinquent in the payment of the Special Taxes:
Parcel APN Delinquency Amount Length of Delinquency
Total:
(f) Property Ownership. Below is a listing of all property owners responsible for more than 5% of
the Special Taxes levied within the Dislrict as shown on the San Bemardino County Assessor's last equalized
tax roll prior to the September next preceding the Report Date, and each owner's percentage share of the Special
Taxes.
Parcel APN Property Owner Share of Special
Taxes
(g) Value to Debt Ratio. Attached is an updated version of Table 5 in the final Official Statement
showing the value-to-debt calculation for the property in the District, but substituting assessed property values
for the appraised values of such property.
(h) Rate and Method. Below is a statement of any changes to the Rate and Method of
Apportionment of Special Tax for the District during the prior fiscal year.
Dated~
CITY OF RANCHO CUCAMONGA, acting for and on behalf
of COMMUNITY FACILITIES DISTRICT NO. 2000-03
(RANCHO SUMMIT)
By:
Title:
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-03,
tRA~CHO SUMMIT)
2005 SPECIAL TAX BONDS
DEVELOPER CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by
Pulte Home Corporation, a Michigan corporation (the "Developer"), and Wells Fargo Bank, National
Association, a national banking association (as the "Fiscal Agent" and as "Dissemination Agent") in connection
with the issuance by the City of Rancho Cucamonga (the "Issuer") of the $9,875,000* aggregate principal
amount of City of Rancho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) 2005
Special Tax Bonds (the "Bonds"). The Bonds are being issued pursuant to a Fiscal Agent Agreement dated as
of September 1, 2005, between the Issuer and the Fiscal Agent.
The Dissemination Agent, the Fiscal Agent and the Developer hereby covenant and agree as follows:
1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and
delivered by the Dissemination Agent, the Fiscal Agent and the Developer for the benefit of the owners of the
Bonds and in order to assist the Participating Underwriter (as defined herein) in complying with S.E.C. Rule
15c2-12(b)(5).
2. Definitions. In addition to the definitions set forth in the Fiscal Agent Agreement, which apply
to any capitalized term used in this Disclosure Agreement unless otherwise de£med in this Section, the following
capitalized terms shall have the following meanings:
"Affiliate" shall mean, with respect to any Person, (a) each Person that, directly or indirectly, owns or
controls, whether beneficially or is an agent, guardian or other fiduciary, twenty percent (20%) or more of any
class of Equity Securities of such Person, (b) any Person directly or indirectly controlling, controlled by, or
under common control with, such other Person, or (c) each of such Person's executive officers, directors, joint
venturers, members and general partners; provided, however, that in no case shall the Issuer or the District be
deemed to be an Affiliate of the Developer for purposes of this Disclosure Agreement. For the purpose of this
definition, "control" of a Person shall mean the possession, directly of indirectly, of the power to direct or cause
the direction of its management or policies, whether through the ownership or holding securities, by contract or
otherwise.
"Assumption Agreement" shall mean an agreement between a Major Owner, or an Affiliate thereof, and
the Fiscal Agent containing terms substantially similar to this Disclosure Agreement, whereby such Major
Owner or Affiliate agrees to provide Semi-Annual Reports and notices of significant events with respect to the
property located in the District and owned by such Major Owner and its Affiliates.
"Beneficial Owner" shall mean any person which has or shares the power, directly or indirectly, to make
investment decisions concerning the ownership of the Bonds (including persons holding Bonds through
nominees, depositories or other intermediaries).
"Business Day" means any day other than (i) a Saturday or a Sunday, or (ii) a day on which banking
institutions in the state in which the Fiscal Agent has its Principal Office are authorized or obligated by law or
executive order to be closed.
Preliminary, subject to change.
E- 5 5'q 3
"Disclosure Representative" shall mean the Vice President of Land Development or his or her
designee, or such other officer or employee as the Developer shall designate in writing to the
Dissemination Agent and the Fiscal Agent from time to time.
"Dissemination Agent" shall mean Wells Fargo Bank, National Association, acting in its capacity
as the Dissemination Agent hereunder, or any successor Dissemination Agent designated in whting by the
Developer and which has filed w/th the Dissemination Agent or the Fiscal Agent a written acceptance of
such designation.
"District" shall mean the City of Rancho Cucamonga Community Facilities District No. 2000-03
(Rancho Summit).
"Equity Securities" of any Person shall mean (a) all common stock, preferred stock,
memberships, participations, shares, general partnership interest or other equity interest in and of such
Person (regardless of how designated and whether or not voting or non-voting) and (b) all warrants,
options and other fights to acquire the foregoing.
"First Report Date" shall mean the date in each year that is four months after the end of the
preceding Fiscal Year, which date, as of the date of this Disclosure Agreement, is April 30.
"Fiscal Agent Agreement" shall mean the Fiscal Agent Agreement referred to in the initial
paragraph of this Disclosure Agreement.
"Fiscal Year" shall mean the fiscal year for each Major Owner. The fiscal year for the Developer
is, as of the date of this Disclosure Agreement, the 12-month period commencing on January 1 of any
year and ending on December 31 of the following year.
"Government Authority" shall mean the national, state or local government, any political
subdivision thereof, any department, agency, authority or bureau of any of the foregoing, or any other
Person exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to
government.
"Issuer" shall mean City of Rancho Cucamonga for and on behalf of the Disthct.
"Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Agreement.
"Maior Owner" shall mean, as of any date, any Person, including the Developer, that owns
property within the District, together with property owned by Affiliates of such Person, that is in the
aggregate subject to 20% or more of the Special Tax levy for the District. Notwithstanding the above, the
Developer shall be considered a Major Owner until and unless (1) it has deposited with the Dissemination
Agent one or more executed Assumption Agreements covering at least 80% of its obligations to pay
annual Special Taxes within the District, or (2) has otherwise disposed of property within the District or
(3) through a combination of (1) and (2) no longer has an obligation to pay at least 20% of the annual
Special Taxes levied on the property within the District.
"National Repository" shall mean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. The Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule is identified in the S.E.C. website located at
http://www.sec.gov/consumer/nrmsir.htm.
"Participating Underwriter" shall mean Stone & Youngberg LLC whose address is One Ferry
Building, San Francisco, California 94111.
"Person" shall mean any natural person, corporation, partnership, limited liability company, firm,
association, Government Authority or any other Person whether acting in an individual, fiduciary or other
capacity.
"Reporting Period" shall mean as to the Semi-Annual Report due on the First Report Date, the
last six (6) months of the preceding Fiscal Year, and as to the Semi-Annual Report due on the Second
Report Date, the first six (6) months of the current Fiscal Year.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12(b)(5) adopted by the S.E.C. under the Securities Exchange Act
of 1934, as the same may be amended from time to time.
"S.E.C." shall mean the Securities and Exchange Commission.
"Second Report Date" shall mean the date in each year that is ten months after the end of the
preceding Fiscal Year, which date, as of the date of this Disclosure Agreement, is October 31.
"Semiannual Report" shall mean any report to be provided by the Developer pursuant to, and as
described in, Sections 3 and 4 of this Disclosure Agreement.
"Special Taxes" shall mean the Special Taxes levied by the Issuer on property in the District to
pay debt service on outstanding Bonds.
"State Repository" shall mean any public or private repository or entity designated by the State of
California as a state repository for the purpose of the Rule and recognized as such by the S.E.C. As of the
date of this Disclosure Agreement, there is no State Repository.
3. Provision of Semiannual Reports.
(a) The Dissemination Agent shall, not later than the First Report Date and the Second
Report Date of each year, commencing on April 1, 2006, provide to each Repository a Semiannual Report
pertaining to each Major Owner which is consistent with the requirements of Section 4 of this Disclosure
Agreement. Not later than fifteen (15) Business Days prior to said date, the Developer, or its successor or
assignee, shall provide such Semiannual Report to the Dissemination Agent and the Fiscal Agent (if the
Fiscal Agent is not the Dissemination Agent) or to a central post office which has been approved for use
by the S.E.C., such as the Texas Municipal Advisory Counsel. Any Semiannual Report may be submitted
as a single document or as separate documents comprising a package, and may cross-reference other
information as provided in Section 4 of this Disclosure Agreement.
Each Major Owner shall provide a written certification with each Semiannual Report furnished to
the Dissemination Agent and the Fiscal Agent to the effect that such Semiannual Report constitutes the
Semiannual Report required to be ftmaished by such Major Owner hereunder. The Dissemination Agent
and the Fiscal Agent may conclusively rely upon such certifications of such Major Owner and shall have
no duty or obligation to review such Semi-Annual Report.
(b) If by fifteen (15) Business Days prior to the date specified in subsection (a) for providing
the Semiannual Report to the Repositories, the Dissemination Agent has not received a copy of the
Semiannual Report, the Dissemination Agent shall contact each Major Owner to determine if such Major
Owner is in compliance with subsection (a).
(c) If the Dissemination Agent is unable to verify that a Semiannual Report has been
provided to the Repositories by the date required in subsection (a), the Dissemination Agent shall send a
notice to the Municipal Securities Rulemaldng Board in substantially the form attached as Exhibit A.
E-17
(d) The Dissemination Agent shall:
1. determine each year prior to the date for providing any Semiannual Report the
name and address of each National Repository and each State Repository, if any;
2. determine the Major Owners rout only if provided notice as required in Section 6
hereof) subject to the disclosure requirements described herein; and
3. file a report with each Major Owner, the Issuer and (if the Dissemination Agent
is not the Fiscal Agent) the Fiscal Agent certifying that each Semiannual Report has been
provided pursuant to th/s Disclosure Agreement, stating the date each such report was provided
and listing all the Repositories to which it was provided.
(e) Notwithstanding any statement to the contrary, any filing under this agreement may be
made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC"), or any
other central post office approved by the Securities and Exchange Commission as provided at
http://www.disclosureusa.org unless the S.E.C. has withdrawn the interpretive advice in its letter to the
MAC dated September 7, 2004.
(f) Each Major Owner shall, or if received by the Dissemination Agent, the Dissemination
Agent shall, deliver a copy of each Semiannual Report to the Participating Underwriter at the time such
Semiannual Report is provided to the Repositories in accordance with this section.
4. Content of Semiannual Reports. The Developer, or its successor or assignee, shall
prepare a Semiannual Report shall, as to each applicable Reporting Period, which contains or incorporates
by reference the following:
1. A statement summarizing the current status of construction and financing of the
development of property owned by each Major Owner in the District;
2. A description of any sales of all or any portion of the subject Major Owner's
property in the District and of any material leases, if any, of space within any of the buildings
located on the subject Major Owner's property in the District during the period covered by such
Annual Report or Semiannual Report, including the identification of each buyer or lessee and the
area that was sold or leased, if any, and the length of the applicable lease. (As used herein,
"material lease" means a lease of more than 5,000 square feet.)
3. A description of any change in the ownership structure of the subject Major
Owner and/or the financial condition of the subject Major Owner or any of its Affiliates if such
change in ownership structure and/or financial condition could materially interfere with the
subject Major Owner's ability to complete its development plans in the District.
4. Any amendments to land use entitlements for any portion of the property within
the District owned by the subject Major Owner that could have a material adverse affect on the
subject Major Owner's most recent disclosed plan of development for property within the District
or on the ability of the subject Major Owner or any Affiliate of the subject Major Owner to pay
installments of Special Taxes when due.
5. Information regarding the total number of parcels and total acreage of property in
the Distr/ct which were owned by the subject Major Owner on the last day of the applicable
Reporting Period;
6. For the Semi-Annual Report due on the First Report Date, audited financial
statements of the subject Major Owner for the preceding Fiscal Year if audited f'mancial
statements are prepared for the subject Major Owner in the ordinary course of business;
7. Information regarding any material default by the subject Major Owner on any
commercial loan, if any, with respect to the construction or permanent fmancing of the
improvements which are necessary to the development of property then owned by such Major
Owner in the District;
8. Information regarding any uncured payment default by the subject Major Owner
on any commercial loan as to which the subject Major Owner is a borrower or guarantor (whether
or not such loan is secured by property in the District) but if, and only if, the lender has recourse
against the subject Major Owner and such default could materially interfere with the subject
Major Owners' ability to complete its development plan in the District or pay any installment of
Special Taxes;
9. Information regarding the filing by the subject Major Owner or any partner or
member of any such Major Owner of a petition in bankruptcy or any determination by a court that
any such Major Owner or such a parmer or member is unable to pay its debts as they become due;
10. Information regarding the filing of any lawsuit with claim for damages in excess
of $1,000,000 against the subject Major Owner or any parmer or member of any the subject
Major Owner which may adversely affect the completion of the development of property then
owned by any such Major Owner or any Affiliate of any such Major Owner within the District;
and
11. An update of the status of any previously reported Listed Event described in
Section 5 hereof.
12. Any or all of the items listed above may be incorporated by reference from other
documents, including official statements of debt issues of the Issuer or related public entities,
which have been submitted to each of the Repositories or the S.E.C. or any offering statement of
any securities offering of the subject Major Owner or any Affiliate or related entity of the subject
Major Owner. If the document incorporated by reference is a final official statement, it must be
available from the Municipal Securities Rulemaking Board. The subject Major Owner shall
clearly identify each such other document so incorporated by reference.
5. Reporting of Significant Events.
(g) Pursuant to the provisions of this Section 5, each Major Owner shall give, or cause to be
given, notice of the occurrence of any of the following events with respect to the Bonds, if material under
paragraphs (b) and (c):
1. Failure to pay any real property taxes, special taxes or assessments levied within
the District on a parcel of property owned by such Major Owner;
2. Material default by such Major Owner on any loans secured by property within
the District owned by any such Major Owner;
3. Payment default by such Major Owner on any loan of any such Major Owner
which is beyond any applicable cure period with respect to such loan and could have a material
adverse effect on the ability of such Major Owner to develop its property within the District;
4. The filing of any proceeding with respect to such Major Owner in which such
Major Owner or any member or partner of such Major Owner may be adjudicated as bankrupt or
discharged fi.om any or all of its respective debts or obligations or granted an extension of time to
pay debts or a reorganization or readjustment of debts;
5. The filing of any lawsuit against such M~or Owner or any member or partner of
any such Major Owner which, in the reasonable judgment of such Major Owner, will adversely
affect the completion of its development project within the District or litigation which if decided
against such Major Owner or its Affiliate, in the reasonable judgment of such Major Owner
would materially adversely affect the Major Owner's ability to complete its development plan in
the District or pay any installment of Special Taxes; and
6. The assumption of any obligations by a Major Owner pursuant to Section 6
hereof.
(h) Whenever a Major Owner obtains knowledge of the occurrence of Listed Event, such
Major Owner, as applicable, shall as soon as possible determine whether such event would be material
under applicable Federal securities laws.
(i) If a Major Owner determines that knowledge of the occurrence of a Listed Event would
be material under Federal securities laws, such Major Owner shall promptly file a notice of such
occurrence with the Dissemination Agent which shall then deliver such notice to the Municipal Securities
Rule Making Board and each State Repository, if any, with a copy to the Issuer and the Participating
Underwriter.
6. Assumption of Obligations. If a portion of the property owned by the Developer (the
"Original Major Owner"), or any Affiliate of the Original Major Owner, located within the District is
conveyed to a Person that, upon such conveyance, will thereupon become a Major Owner (the "Successor
Major Owner"), all of the obligations of the Original Major Owner hereunder with respect to the property
owned by the Successor Major Owner and its Affiliates may be assumed by such Successor Major Owner
or by an Affiliate of such Successor Major Owner. In order to effect such assumption, such Successor
Major Owner or Affiliate shall enter into an Assumption Agreement. Upon delivery of a copy of such
Assumption Agreement to the Issuer and the Dissenfmation Agent, the continuing disclosure obligations
of the Original Major Owner described herein with respect to such property shall cease, and the
calculation of its share of Special Taxes for purposes of the definition of the Original Major Owner shall
no longer include such property.
7. Termination of Reporting Obligation. The obligations hereunder of a Major Owner shall
termanate upon the earliest to occur of(a) the date on which such Person is no longer a Major Owner, as
defined herein, (b) the date on which such Person's obligations as a Major Owner are assumed under an
Assumption Agreement entered into pursuant to Section 6 hereof (but only with respect to the portion of
the obligation so assumed), (c) the date on which all Special Taxes levied on the property located in the
District and owned by such Major Owner are paid or prepaid in full or (d) the date on which all of the
Bonds have been legally defeased, redeemed, or paid/n full.
8. Amendment. (j) This Disclosure Agreement may be amended, by written agreement of
the parties, without the consent of the owners of the Bonds, if all of the following conditions are satisfied:
(1) such amendment is made in connection with a change in circumstances that arises from a change in
legal (including regulatory) requirements, a change in law (including rules or regulations) or in
interpretations thereof, or a change in the identity, nature or status of the Developer or the type of
business conducted by the Developer, (2) this Disclosure Agreement as so amended would have complied
with the requirements of the Rule as of the date of this Disclosure Agreement, after taking into account
any amendments or interpretations of the Rule, as well as any change in circumstances, (3) the Issuer, the
E_20
Developer or another Major Owner shall have delivered to the Fiscal Agent an opinion of nationally
recognized bond counsel or counsel expert in federal securities law, addressed to the Issuer and the Fiscal
Agent, to the same effect as set forth in clause (2) above, (4) the Issuer, thc Developer or another Major
Owner shall have delivered to the Dissemination Agent an opinion of nationally recognized bond counsel
or counsel expert in federal securities law, addressed to the Issuer and the Fiscal Agent, to the effect that
the amendment does not materially impair the interests of the owners of the Bonds, and (5) the Issuer, the
Developer or other Major Owner shall have delivered copies of such opinion and amendment to each
Repository.
(k) This Disclosure Agreement may be amended, by written agreement of the parties, upon
obtaining consent of the owners in the same manner as provided in the Fiscal Agent Agreement for
amendments to the Fiscal Agent Agreement w/th the consent of the Owners of Bonds; provided that the
conditions set forth in Section 8(a)(1)(2) and (3) have been satisfied.
(1) To the extent any amendment to this Disclosure Agreement results in a change in the type
of financial information or operating data provided pursuant to this Disclosure Agreement, the first Semi-
Annual Report provided thereafter shall include a narrative explanation of the reasons for the amendment
and the effect of the change.
(m) If an amendment is made to the basis on which financial statements are prepared, the
Semi-Annual Report for the Reporting Period in which the change is made shall present a comparison
between the financial statements or information prepared on the basis of the new accounting principles
and those prepared on the basis of the former accounting principles. Such comparison shall include a
quantitative and, to the extent feasible, qualitative discussion of the differences in the accounting
principles and the effect of the change in the accounting principles on the presentation of the financial
information.
9. Additional Information. Nothing in this Disclosure Agreement shall be' deemed to
prevent the Issuer, the Developer or any other Major Owner from disseminating any other information,
using the means of dissemination set forth in this Disclosure Agreement or any other means of
communication, or including any other information in any Semiannual Report, in addition to that which is
required by this Disclosure Agreement. If the Issuer, the Developer or any other Major Owner, as
applicable chooses to include any information in any Semiannual Report in addition to that which is
specifically required by this Disclosure Agreement, the Issuer, the Developer or other Major Owner shall
have no obligation under this Disclosure Agreement to update such information or include it in any future
Semiannual Report.
10. Default. In the event of a failure of the Developer or another Major Owner, as
applicable, to comply with any provision of this Disclosure Agreement, any beneficial owner of the
Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific
performance by court order, to cause the Developer or such other Major Owner, as applicable, to comply
with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall
not be deemed a default under the Fiscal Agent Agreement and the sole remedy under this Disclosure
Agreement in the event of any failure of the Developer or such other Major Owner, as applicable, to
comply with this Disclosure Agreement shall be an action to compel performance.
11. Duties, Immunities and Liabilities of Fiscal Agent and Dissemination Agent;
Compensation. Section 7.2 of the Fiscal Agent Agreement is hereby made applicable to this Disclosure
Agreement as if this Disclosure Agreement were (solely for this purpose) contained in the Fiscal Agent
Agreement. The Dissemination Agent and the Fiscal Agent shall have only such duties as are specifically
set forth in this Disclosure Agreement. Each Major Owner agrees to indemnify and save the
Dissemination Agent, the Fiscal Agent, their officers, directors, employees and agents, harmless against
any loss, expense and liabilities which it may incur to the extent arising out of the negligence or willful
misconduct of such Major Owner in the performance of its obligations hereunder, including the costs and
expenses (including reasonable attorney's fees of counsel acceptable to the applicable Major Owner) of
defending against any claim of such liability, but excluding losses, expenses and liabilities, in any event,
to the extent due to the Dissemination Agent's or the Fiscal Agent's negligence or willful misconduct.
The Dissemination Agent shall be paid compensation by the Issuer for its services provided hereunder in
accordance with its schedule of fees as amended from time to time and all expenses, legal fees and
advances made or incurred by the Dissemination Agent in the performance of its duties hereunder.
Neither the Dissemination Agent nor the Fiscal Agent shall have any duty or obligation to review any
information provided to it hereunder or shall be deemed to be acting in any fiduciary capacity for the
Issuer, the District, the owners of the Bonds, or any other party. The obligations of each Major Owner
under this section shall survive resignation or removal of the Dissemination Agent or the Fiscal Agent
and payment of the Bonds.
12. Resignation or Termination. The Dissemination Agent may resign upon 30 days' notice.
Upon the Dissemination Agent's resignation, Major Owners and the Issuer shall appoint a successor
Dissemination Agent.
13. Notices. Any notices or communications to or among any of the parties to this
Disclosure Agreement may be given as follows:
If to the Issuer: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Attention: City Manager
Telephone: (909) 477-2700
Telecopier: (909) 477-2846
If to the Fiscal Agent: Wells Fargo Bank, National Association
Corporate Trust
707 Wilshire Boulevard, 17th Floor
Los Angeles, CA 90017
Telephone: (213) 614-3353
Telecopier: (213) 614-3355
If to the Dissemination Wells Fargo Bank, National Association
Agent: Corporate Trust
707 Wilshire Boulevard, 17th Floor
Los Angeles, CA 90071
Telephone: (213) 614-3353
Telecopier: (213) 614-3355
If to the Developer: Pulte Home Corporation
1351 Pomona Road, Suite 200
Corona, CA 92882
Attention: Larry Craddick
Telecopier: (951) 271-5843
with a copy to: Latham & Watkins LLP
633 West Fifth Street, Suite 4000
Los Angeles, CA 90071-2007
Attention: Anna Rienhardt
Telecopier: (213) 891-8763
E-22 ~ ~ ~)
14. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Issuer,
the Major Owners, the Fiscal Agent, the Dissemination Agent, the Participating Underwriter and
beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity.
15. Counterparts. This Disclosure Agreement may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same instrument.
Dated: October 1, 2005
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Dissemination Agent
By:
Authorized Signatory
PULTE HOME CORPORATION, a Michigan
corporation
By:
Title:
EXHIBIT A
NOTICE TO MUNICIPAL SECURITIES RULEMAKING BOARD
OF FAILURE TO FILE ANNUAL REPORT OR SEMIANNUAL REPORT
Name of Issuer: CITY OF RANCHO CUCAMONGA
Name of Bond Issue: CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2000-03
(RANCHO SUMMIT)
2005 SPECIAL TAX BONDS
Date of Issuance: October __~ 2005
NOTICE IS HEREBY GIVEN that Pulte Home Corporation, a Michigan corporation (the "Developer")
has not provided an Annual Report or a Semiannual Report with respect to the above-named Bonds as required
by the Disclosure Agreement dated as of September 1, 2005 between the Developer and Wells Fargo Bank,
National Association, as Dissemination Agent. The Developer anticipates that the Annual Report or Semiannual
Report will be filed by
Dated:
Wells Fargo Bank, National Association,
a Dissemination Agent on behalf of the Developer
cc: Issuer By:
Authorized Signatory
APPENDIX F
PROPOSED FORM OF OPINION OF BOND COUNSEL
APPENDIX G
GENERAL INFORMATION ABOUT THE CITY OF RANCHO CUCAMONGA
General
The City of Rancho Cucamonga (the "City") is located in the foothills of the Los Angeles-San
Bernardino Basin in the western portion of San Bernardino County, approximately 40 miles east of the City of
Los Angeles and 18 miles west of the City of San Bemardino. The City covers approximately 37.5 square miles
and is bordered by Ontario on the south, Upland on the west and Fontana to the east; to the north are
Cucamonga Peak and Mount Baldy.
Municipal Government
Thc City was incorporated in November 30, 1977, as a general law city operating under the council-
manager form of government. It is governed by a five-member City Council (the "Council"), which includes a
Mayor who is elected at large for a four year term, and four Council Members are elected at large for staggered
four year ten'ns. The Council appoints the City Manager and City Attorney. The City Manager is responsible
for the daily administration of City affairs and for implementing Council policy and program decisions. Thc
current Council members are as follows:
William "Bill" J. Alexander, Mayor
Diane Williams, Mayor Pro Tern
Rex Gutierrez, Councilmembar
L. Dennis Michael, Councilmembcr
Sam Spagnolo, Councilmember
The City's General Plan provides a coordinated policy of development planning, balancing residential,
commercial, and industrial expansion. Coordinated transportation planning with the Southern California
Regional Association of Governments and the County of San Bernardino is being provided by a traffic model
that sets forth the optimum size of streets and timing necessary to accommodate traffic on both existing and
future streets.
Population
Pcior to incorporation, the area generally within the corporate boundaries of the City experienced a rapid
growth in population. Population figures for the City, the County and the State for the last five years along with
population figures for 1980, 1990 and 2000 arc shown in the following table.
CITY OF RANCHO CUCAMONGA
Population Estimates
City of County of
Year Rancho Cucamonga San Bernardino State of California
1980 55,250 895,016 23,782,000
1990 98,500 1,418,380 29,758,213
2000 125,585 1,689,281 34,336,091
2001 130,842 1,741,137 35,037,000
2002 137,119 1,783,656 35,301,000
2003 147,462 1,842,904 35,691,442
2004 155,723 1,897,950 36,271,091
2005 161,830 1,946,202 36,810,358
Source: State Department of Finance estimates (as of January 1).
Employment
The City is included in the Riverside-San Bemardino Metropolitan Statistical Area ("MSA"). The
unemployment rate in the Riverside-San Bemardino MSA was an estimated 4.6% during May 2005. This
compares to the unadjusted unemployment rates of 5.5% for Los Angeles County and 5.3% for California for
the same month.
The following table summarizes the civilian labor force, employment and unemploymem in thc County
for the calendar years 200! through 2005. These figures are Countywide statistics and may not necessarily
accurately reflect employment trends in the City.
RIVERSIDE-SAN BERNARDINO-ONTARIO METROPOLITAN STATISTICAL AREA
Civilian Labor Force, Employment and Unemployment
(Annual Averages)
2001 2002 2003 2004 2005o)
Civilian Labor Force(l) 1,465,300 1,514,300 1,575,600 1,639,400 1,665,500
Civilian Employment 1,391,800 1,422,700 1,476,000 1,539,700 1,589,400
Civilian Unemployment 73,500 91,700 99,600 99,700 76,000
Civilian Unemployment Rate 5.0% 6.1% 6.3% 6.1% 4.6%
(2)
Wage and Salary Employment:
Total All Industries 1,030,500 1,056,100 1,096,100 1,141,600 1,195,400
Total Farm 20,400 20,900 20,600 18,800 22,400
Total Nonfarm 1,010,100 1,035,200 1,075,500 1,122,800 1,173,000
Natural Resources and Mining 1,200 1,100 1,300 1,200 1,200
Construction 81,500 84,800 92,700 102,400 118,300
Trade Transportation & Utilities 218,000 220,000 231,000 242,700 253,900
Wholesale Trade 41,600 40,400 42,900 42,900 45,600
Retail Trade 19,900 20,800 21,800 23,000 23,800
Financial Activities 37,200 38,700 40,300 44,400 46,300
Professional and Business Services 97,200 101,200 109,400 119,500 128,100
Government 198,200 208,000 215,200 211,700 217,100
Source: State of California Employment Development Department.
o) Labor force data is by place of residence; includes self-employed individuals, unpaid family workers, household
domestic workers, and workers on strike.
(2) Industry employment is by place of work; excludes self-employed individuals, unpaid family workers, household
domestic workers, and workers on strike.
Projected as of May 2005.
The total number of nonfarm j ohs in Riverside and San Bernardino counties increased by 163,000 jobs
between 2001 and 2005 to reach 1,173,000 jobs. Construction employment grew by 36,800jobs. The
professional and business services industry division also added 30,900 jobs. Other industry divisions with year-
over job gains between 2001 and 2005 include: transportation and public utilities (up 100 jobs); wholesale trade
(up 4,000 jobs); retail trade (up 3,900 jobs); £mancial activities (up 9,100 jobs); professional government (up
18,900 jobs).
Major Employers
The following table lists the major manufacturing and non-manufacturing employers within the City of
Rancho Cucamonga and their estimated number of employees as of August 2005.
CITY OF RANCHO CUCAMONGA
Major Employers
As of August 2005
Number of
Employer Employees Type of Business
Frito-Lay Inc. 600 Snack Food Manufacturer
C.W. Construction 600 Special Trades
Mission Foods 573 Nondurable Wholesale/Food Mfg.
Target 475 General Merchandise
Southern California Edison 450 Electric, Gas, Sanitation
Mercury Insurance Company 437 Insurance
Wal-Mart Stores, Inc. 427 General Merchandise
Costco Wholesale Corporation 375 General Merchandise
Tamco 300 Metal Manufacturer
The Cheesecake Factory 300 Restaurant
Albertson's 278 Food Stores
J C Penny Corp., Inc. 270 Department Stores
Safetran Systems Corporation 250 Electronic Equipment
Proficient Food Company 225 Wholesale
General Motors 205 Serv/ce and Parts Operations
Robinson's May 200 Department Stores
PAC-Rancho, Inc. 196 Metal Manufacturer
Wickes Furniture 182 Special Warehousing & Storage
Lucille's Smokehouse BBQ 180 Restaurant
Yardhouse 160 Restaurant
ARS National Services, Inc. 150 Credit/Finance
BJ's Restaurant & Brewhouse 150 Restaurant
P.F. Chang's China Bistro 150 Restaurant
Accent Care, Inc. 125 Services
Ameriquest Mortgage 125 Mortgage Company
AMC Theatres 100 Entertainment & Amusements
Valley Concessions, Inc. 100 Retail
Source: Rancho Cucamonga Redevelopment Agency.
Commercial Activity
In the calendar year 2003, total taxable transactions in the City were $1,412,665 or 9.2% greater than
total taxable transactions of $1,292,620 that occurred in the City in calendar year 2000. A summary of historic
taxable sales within the City during thc past five years is shown in thc following table.
CITY OF RANCHO CUCAMONGA
Taxable Transactions
(figures in thousands)
Retail Stores 1999 2000 2001 2002 2003 2004®
Apparel Stores $14,840 $16,620 $22,735 $19,553 $16,216 $7,985
General Merchandise 207,870 230,788 238,841 529 298,154 151,467
Food Stores 67,015 73,093 76,026 097 82,154 37,471
Eat and Drink 111,132 120,579 130,229 138,880 155,903 85,668
Furniture 18,453 20,565 19,448 22,202 39,702 33,974
Building Materials 88,639 100,987 125,897 142,899 162,629 95,584
Automotive 48, 710 16,196 17, 397 18,865 19, 678 I 1,149
Service Station 56,762 77,492 72,899 67,778 89,451 50,524
Other Retail Stores 152,149 164,297 176,164 1 64,431 173,072 90,656
Total Retail $765,570 $820,607 $879,636 $912,234 $1,037,000 $563,938
Non-Store 346,040 342,438 329,102 380,386 375,665 196,884
TOTAL OUTLETS $1,111,610 $1,163,045 $1,208,738 $1,292,620 $1,412,665 $760,822
Percentage Change
Source: State Board of Equalization.
(t) Drag stores have been merged with general merchandise stores and packaged liquor stores have been merged with other
retail stores.
(2) As of second quarter 2004.
Construction Activity
Building activity for the past ten fiscal years in the City is shown in the following table.
CITY OF RANCHO CUCAMONGA
Construction Activity
Number of
Fiscal Permits Building Permit
Year Issued Valuation
1994-95 2,846 $117,778,164
1995 -96 2,701 119,994,268
1996-97 3,336 138,045,375
1997-98 3,330 185,119,239
1998-99 3,465 259,593,466
1999-00 3,841 370,105,582
2000-01 4,050 454,882,923
2001-02 4,549 498,964,341
2002-03 5,229 532,582,019
2003 -04 5,327 754,911,074
Source: City of Rancho Cucamonga Comprehensive
Annual Financial Report FY 2003-04.
7
Public Utilities and Services
Police protecfion is contracted from the San Bernardino County Sheriff's Department. A Sheriff's
substation is located within the City limits. Fire protection and rescue service are provided by the City-managed
Fire Protection District, which covers an area of approximately 53 square miles. Southern California Edison
Company furnishes electricity and Southern California Gas Company furnishes natural gas to the City.
Industrial waste and sewer services are provided by the Inland Empire Utilities Agency (formerly, thc Chino
Basin Municipal Water District), and water is furnished to the City by the Cucamonga Valley Water District.
Community Facilities
The City of Rancho Cucamonga currently has 23 parks and 7 community centers for residents. Library
services are provided by the City. Rancho Cucamonga Quakes baseball club (an Anaheim Angels minor league
affiliate) currently plays its home games at the City's sports complex, the Epicenter.
Education
Six school disthcts serve the residents of the City providing local educational opportunities from
kindergarten through junior college. Major colleges and un/versities are located within commuting distance to
the City providing residents with both public and private educational opportunities in most of the major
professions.
Transportation
Two interstate highways traverse the area. Interstate 10 is located south of thc City's boundary and runs
east and west, Interstate 210 is located north of the City's boundary and also runs east and west and Interstate 15
in the eastern section of the city runs north and south. Through these highways thc City is linked by interstate
highways to all areas of the State and to other states to the east.
Three transcontinental railroads provide freight service to the City: Union Pacific tLailroad, Southern
Pacific Railroad, and the Atchison, Topeka and Santa Fe Railroad. Amtrak and Metrolink provide passenger
service to the City. Several truck terminals are located nearby.
Airline service from Ontario International Airport, which is adjacent to the City's southern boundary, is
provided to approximately 50 cities in thc United States. The airport has the capacity to serve wide-bodied jet
airplanes and has recently undergunc an expansion. Los Angeles International Airport is located approximately
40 miles to the west of thc City. The Port of Los Angeles is located approximately 45 miles to the west and the
Port of Long Beach is located approximately 75 miles to the southwest.
Greyhound and Continental Trailways provide transcontinental bus service. The Southern California
Rapid Transit District and Omnitrans furnish intercounty and local bus service.
R A N C H O C U C A M O N G A
Coi~itfl U N i T¥ SERVICES
Staff Report
DATE: September 21, 2005
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Kevin McArdle, Community Services Director
SUBJECT: CONSIDERATION OF ALTERNATIVES REGARDING THE POTENTIAL
HOSTING OF THE FREEDOM'S FLAME MEMORIAL AT CENTRAL PARK
RECOMMENDATION
It is recommended that the City Council consider the following alternatives regarding the
potential hosting of the Freedom's Flame Memorial at Central Park and provide direction to
staff:
Alternative 1) - approve the future use of Central Park for the Freedorn's Flame sculpture
component only and permit the installation of an informational sign.at th~s_time.
Alternative 2) - direct staff to research and propose potential alternate sites within the City
for the Freedom's Flame sculpture.
BACKGROUND AND ANALYSIS
On July 6, 2005, a representative of the Freedom's Flame Foundation addressed the City
Council with a request to post an informational sign at Central Park indicating this facility as
the future home of the Freedom's Flame Memorial. At that City Council meeting, staff
clarified that the City Council had not taken any previous action to approve the use of
Central Park for the Freedom's Flame Memorial. The Council had pre,~iously indicated their
general support for the Freedom's Flame program and offered to serve as the west coast
location for such a tribute. Additionally, the City Council had previously offered to consider
locations including Central Park for this memorial. At the July 6, 2005, City Council
meeting, Councilmembers directed staff to conduct additional research with the Freedom's
Flame Foundation representatives regarding the scope of the project, the potentiat design
impact of including this memorial at Central Park and to obtain more spec~c information
about the fundraising efforts of the Foundation.
City staff met with Mr. Dennis Stout, who is the current Chairman of the Freedom's Flame
Foundation, on July 21, 2005, for a very detailed discussion on the efforts and visio~ of the
Freedom's Flame Foundation. Following is a summary of those discussions.
FREEDOM'S FLAME MEMORIAL
September 21, 2005
Page 2
The Freedom's Flame Foundation is a 501(c) 3 non-profit foundation formed to raise funds
for the Freedom's Flame Memorial. There are currently seven members on the Founclation
Board of Directors and approximately 25 core volunteers working on these fundraising
efforts. There are currently no paid staff members working for the Foundation, but Mr. Stout
did indicate a future goal of hiring paid staff when fundraising efforts reach approximately
$250,000. According to Mr. Stout, the Foundation hopes to reach that fundraising milestone
in the near future. To date, expenditures from the Foundation have been limited to" costs
associated with transportation and insurance. The current fundraising goal for the
Foundation is $15 million for the design, development and installation of two Freedom's
Flame sculptures, one to be located in Rancho Cucamonga and the. second intended for
New York City. Attached as Exhibit No. 1, is a rendering of the proposed sculpture. I~ is the
hope of the Foundation to complete fundraising efforts for the two sculptures and complete
the installation within a period of four to seven years.
In staff's discussion with Mr. Stout, he indicated that the vision of the Freedom's Flame
Foundation actually includes two major components. The first and most highly desired
component is the commissioning and installation of the Freedom's Flame sculpture
discussed above. The request from the Foundation to the City for use of Central Park is
currently limited to this sculpture component only. In addition to the sculpture pieces, the
Foundation also holds a vision for the future design and construction of a significant
museum facility at Central Park associated with the sculpture. The vision for the, public
museum component would include the public display of the many adifacts tha~ were
collected following the September 11, 2001, tragedy as volunteers drove from New York to,
Rancho Cucamonga. These artifacts include not only the large pieces of steel obtained
from the World Trade Center site and a New York Fire Department engine which was
destroyed, but they also would include the many items donated to the caravan as they
traveled through the United States including items such as sections of the airplane which
crashed in Pennsylvania, individual family bibles and remembrances of family members
who were killed in the tragedy. The Foundation's vision for a museum would also include a
display facility for traveling exhibits emanating from the Smithsonian museum. Also,
included in this proposed museum facility would be other items of public interest relating to
public safety. Mr. Stout stressed that the sculpture component of the project is their Ihighest
priority.
At the July 21s! meeting with Mr. Stout, the Landscape Architect for Central' Park, Mr. Bob
Mueting of RJM Design Group, was also in attendance to assist staff with understanding the
potential design considerations associated with the Freedom's Flame Foundation visiion. As
a result of the July 21st meeting, and subsequent discussions, staff and the Lan;dscape
Architect have developed some extremely preliminary thoughts on the types and amount o~
space the Foundation vision might require at Central Park. Generally it is felt as if the
Freedom's Flame sculpture component would require a space of approximately 10Q) feet in
length and width or approximately 10,000 square feet. During the initial conceptuall design
of the Phase I improvements at Central Park, a potential location was identified in th~ even¢~
that the City Council were to approve the future installation of the Freedom's; Flame
FREEDOM'S FLAME MEMORIAL
September 21, 2005
Page 3
sculpture. This potential location is shown on the attached site plan as Exhibit No. 2. Back
during the conceptual design process for Phase I improvements, staff and the landscape
architect reviewed this potential site with Mr. Stout and all agreed that it would be a good
location for the sculpture, if eventually approved by the City Council.
The vision for the museum facility is certainly much more difficult to evaluate in terms of size
since the concept is so general at this time. In conversation with Mr. Stout, however, he
could envision using a footprint at Central Park of approximately 40,000 square feet with the
museum facility being possibly two to three stories in height, with a portion of the facility
possibly being constructed underground. The Central Park Landscape Architect was asked
to evaluate this potential component in terms of location and massing on the facility within
the Phase I improvement area. Aisc included in Exhibit No. 2 is the potential location of the
museum component if eventually approved by the City Council. The exhibit indicates a
footprint of slightly less than 40,000 square feet. While it is felt that the sculpture
component envisioned by the Foundation could be adequately served by the park's existing
550 parking spaces, it is obvious that the potential future creation of a museum complex
would require significantly more parking spaces to be created on the park. Based upon the
potential vision of a three-stow museum on a 40,000 square foot footprint, a preliminary
discussion with a museum consultant indicated the potential need for between 300 to 400
additional parking spaces over what is currently developed on site. The Landscape
Architect suggests that the most appropriate way to accommodate this parking without
sacrificing significant portions of the open space would be the design and construction of a
three level parking structure close to the proposed museum location. The potential location
of that parking structure, which would replace a portion of the existing senior center parking
lot, is also shown on Exhibit No. 2. Exhibit No. 3 in this report shows a very.conceptual
section showing the potential massing relationship between the existing senior, center
building and a proposed parking structure on grade. During the July 21st meeting with Mr.
Stout he reminded City staff and the Central Park Landscape Architect that the original
vision for the Central Park improvements did include the construction of on-site parking
structures to serve the buildings on the eastern portion of the park. Mr. Stout also reminded
staff and the Architect that the original vision for Central Park included a number of public
buildings, including a fine arts center on the southeastern portion of the park which was
referred to as the Omni Center. The original vision for the Omni Center included more than
500,000 square feet of public facilities. The existing senior and community center building
built as part of the Phase I improvements, is approximately 57,000 square feet.
While the Freedom's Flame Foundation has estimated the cost to develop the two
sculptures would be approximately $15 million, there' is no cost estimate available for the
potential design and construction of the museum portion of their vision.
During the July 21st meeting with Mr. Stout staff inquired as to the Foundation's vision in
terms of ownership and operation of the Freedom's Flame facilities, if eventually approved
by the City Council. Mr. Stout noted that the current thought would be for the Foundation to
raise the funds to cover the total costs of the design, development and construction of the
proposed facilities, including all infrastructure needs. These facilities would then be
donated by the Foundation to the City for ownership. At that point, maintenance, liability
FREEDOM'S FLAME MEMORIAL
September 23, 2005
Page 4
and other responsibilities for the sculpture and the museum would become the responsibility
of the City or potentially of a non-profit organization that could be formed for that purpose.
As requested by the City Council at the July 6th meeting staff, the Landscape Arch'itect, and
Mr. Stout held a discussion on whether the proposed Freedom's Flame improvements
would be compatible with the current master plan for Central Park. It was agreed that the
sculpture component envisioned by the Foundation would appropriately work with the
current design and would provide an appropriate amenity associated with the cascading
lake feature to be built in future phases at the park. The 10,000 square foot area
envisioned as necessary for the sculpture component was considered during the conceptual
planning for the park and would easily be designed into the park surroundings. What is
harder to determine at this point is the potential impact of the proposed museum component
on the park. The two most significant impacts determined at this time wou~d be the
construction of the buildings on the currently developed open space area northwest of the
senior and community center, as well as the additional parking structure which would most
likely be required adjacent to the proposed museum complex. Staff and the Landscape
Architect believe that the park amenities whic~ are planned for a future phase of the Central
Park west of the current road, which would include restrooms, a small parking area, security
lighting, etc., would be sufficient to accommodate the sculpture component of the
Freedom's Flame Memorial. The potential museum facilities would deflnitelly require
additiona~ infrastructure in these areas. The City Council is reminded that there is currently
no funding available for the future phase development of Central Park west of the current
roadway and it is unknown at what time the facilities will be expanded westward.
Another very important item in considering the potential development of facilities envisioned
by the Foundation would be the increased attendance that might be generated a,t Central
Park. In discussions with Mr. Stout, the Freedom's Flame~.Foundation envisions that
thousands of casual visitors would be expected to visit the potential sculpture, and/or
museum component each year. In addition to the casual drop-in visitors would be the
potential for having special events associated with the sculpture and/or the museum. Mr.
Stout stated that it is part of the vision of the Foundation to possibly have significant special
events at the memorial facilities on appropriate occasions. While no one could predict the
potential attendance impacts of such special events, all agreed that it wot~ld not be
uncommon to potentially attract up to 5,000 to 10,000 people for a significant event. Events
of this scale would require additional planning for parking and infrastructure facilities. The
traffic and noise impacts to the neighborhood would have to be carefully considered.
As part of the July 21st discussion with Mr. Stout, he noted that it is the belief of the
Freedom's Flame Foundation that development of the sculpture and/or museum
components would result in significant marketing and publicity exposure for the City of
Rancho Cucamonga, in addition to offering a fitting tribute to the tragedy which occurred on
September 11, 2001. Mr. Stout expressed his desire for the Foundation and the City to
develop a partnership to work together on the development of these Freedorn's Flame
Memorial components.
FREEDOM'S FLAME MEMORIAL
September 21, 2005
Page 5
The request before the City Council from the Freedom's Flame Foundation is only to
approve Central Park as the future location of the sculpture and to permit the installation of
an informational sign at this time.
Respect ,tly submitted,
Kevin Iv' rdle
Commu~ ilty Services Director
Attachments
· EXHIBIT NO.
EXHIBIT NO. 2