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2007/06/06 - Agenda Packet
10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 1gt and 3`d Wednesdays ~ 7:00 P.M. JUNE 6, 2007 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. Diane Williams Rex Gutierrez L. Dennis Michael Sam Spagnolo CITY MANAGER CITY ATTORNEY CITY CLERK Jack Lam, AICP James L. Markman Debra J. Adams, CMC ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:30 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. ti, INFORMATION FOR THE PUBLIC - RANCHO CUCAMONGA TO ADDRESS THE REDEVELOPMENT AGENCY. FIRE BOARD AND CITY COUNCIL The Agency, Fire Board and City Council encourage free expression of all paints 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 Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. If you are present to speak on an "Advertised Public Hearing" item, your name will be called when that item is being discussed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Any handouts for the Agency, Fire Board or City Council should be given to the City Clerk for distribution AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, Public Library and on the Cites website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Agency, Fire Board and Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency, Fire Board and 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 the agendas and minutes can be found at http:Ilwww.ci.rancho-cucamonga.ca.us ® If you need special assistance or accommodations to participate in this meeting, Please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 6, 2007 1 A. 5:30 P.M. -CLOSED SESSION CALL TO ORDER -TAPIR ROOM 1. Roll Call: Mayor Kurth Mayor Pro Tem Williams Councilmembers Gutierrez, Michael and Spagnolo CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S) D. CONDUCT OF CLOSED SESSION 1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD; LINDA D. DANIELS, RDA DIRECTOR, AND J. FILIPPI WINERY, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT -RDA E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY MEETING AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 6, 207 2 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. 1. Pledge of Allegiance 2. Roll Call: Mayor Kurth Mayor Pro Tem Williams Councilmembers Gutierrez, Michael and Spagnolo H. ANNOUNCEMENTS/PRESENTATIONS 1. Recognition of the Planning Commission for their dedication and service. 2. Administration of Oath of Office to Thomas Galindo, newly-appointed member to the Community Foundation Board of Directors. 3. San Bernardino County Public Health Tobacco Use Reduction Now (TURN) Recognition of the City for efforts in reducing the illegal tobacco sales rate to minors. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. (continued on page 3) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 6, 2007 3 The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS This is the time and place for the Agency, Fire Board or City Council to respond to comments made by the general public. K. CONSENT CALENDAR -REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. 1. Approval of Minutes: May 2, 2007 2. Approval of Check Register dated May 9, 2007 through May 29, 2007, for the total amount of 1 $2,077,133.26. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember far discussion. 3. Approval of Minutes: May 2, 2007 4. Approval of Check Register dated May 9, 2007 through May 29, 2007, for the total amount of 3 $506,995.00. 5. Approval to rescind Conditional Withdrawal Letter dated October 10, 2006, from the Public g Agency Self Insurance System (PASIS) Workers Compensation Joint Powers Authority (JPA) so that the District may continue utilizing PASIS for its workers compensation insurance coverage for the upcoming fiscal year. REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 6, 2007 4 K. CONSENT CALENDAR -CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion: 6. Approval of Minutes: May 2, 2007 7. Approval of Check Register dated May 9, 2007 through May 29, 2007, and payroll ending 11 May 29, 2007, for the total amount of $8,255,895.09. 8. Approval of a request for a Public Convenience or Necessity Determination, DRC2007- 00374 - Circle K Stores, Inc., for a type 20 off-sale beer and wine license for a convenience 59 store approved under CUP DRC2003-00510 in the Community Commercial District, located on the southeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 0229-311-14 and 15. RESOLUTION NO. 07-121 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONSIDERATION OF A PUBLIC CONVENIENCE NECESSITY DETERMINATION DRC2007- 00374 FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE APPROVED UNDER CONDITIONAL USE PERMIT DRC2003-00510 IN THE COMMUNITY COMMERCIAL DISTRICT, TO BE LOCATED ON THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF. APN 0229-311-14 and 15 9. Approval to accept grant revenue in the amount of $31,779.00 from the United States 74 Department of Justice 2007 Justice Assistance Grant (JAG) Award, into Acct. No. 1361000- 4740 (Grant Revenue) for use by the Police Department for the purchase of related equipment and technology, and appropriate $31,799.00 into Acct. No. 1361701-5207 (Operations &Maintenance-Capital Supplies) for the purchase of nine (9) hand-held portable two-way radios and chargers for use by the patrol deputies. 10. Approval to appropriate $12,300.00 from Law Enforcement Reserves into Acct. No. 1001701-5207 (Operations and Maintenance-Capital Supplies) to purchase two (2) Haenni 76 Commercial Vehicle Scales for $8,350.00 and one (1) TDS Ranger Data Collector for $3,950.00. 11. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, 7$ adopting the amended Local Measure "I" 200412009, 2005/2010 and 2006/2010 Capital Improvement Programs for expenditure of Measure "I" Funds. RESOLUTION NO. 07-122 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED LOCAL MEASURE "I" 2004/2005, 2 0 0 512 01 0 AND 2006/2010 CAPITAL IMPROVEMENT PROGRAMS FOR EXPENDITURE OF MEASURE "I" FUNDS REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 5 _ JUNE 6, 2007 12. Approval of Landmark Designation DRC2005-00776 -Robert Bathish - for a request to 86 designate the Roberds House as a Designated Local Landmark, located at 7201 Amethyst Avenue -APN: 0202-161-04. Related files: Mills Act Application DRC2007-00173 and Non- construction CUP DRC2007-00159. RESOLUTION NO. 07-123 ~ 107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2005-00776 DESIGNATING THE ROBERDS HOUSE A HISTORIC LANDMARK, LOCATED AT 7201 AMETHYST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0202-161-04 13. Approval of Mills Act Application DRC2007-00173 -Robert Bathish - for a request to 86 implement the use of the Mills Act (CO 07-075) to reduce property tax for the Roberds House, currently applying for Historic Landmark Status, located at 7201 Amethyst Street - APN: 0202-161-04. Related files: Landmark Designation DRC2005-00776 and Non- construction CUP DRC2007-00159. RESOLUTION NO. 07-124 ~ 109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MILLS ACT CONTRACT DRC2007-00173 FOR THE HISTORIC PROPERTY LOCATED AT 7201 AMETHYST AVENUE -APN: 0202-161-04 14. Approval of the Park and Recreation Commission's recommendation of a light variance 125 requested for Minor, Major, Junior and Senior Divisions All-Star Tournament hosted by Alta Loma and Citrus Little Leagues during July 2 -August 4, 2007, at Heritage and Red Hill Community Parks. 15. Approval of proposed fee modifications for Community Services Programs and Facilities 130 recommended by the Park and Recreation Commission. 16. Approval of Improvement Agreement, Improvement Securities, and Ordering the Annexation 145 to Landscape Maintenance District No. 36 and Street Light Maintenance District Nos. 1 and 6 for DRC2006-00127, located on the east side of Rochester Avenue, south of Foothill Boulevard, submitted by WF Construction, Inc. RESOLUTION NO. 07-125 ~ 147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2006- 00127 RESOLUTION NO. 07-145 ~ 148 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 DRC2006-00127 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 6, 2007 6 17. Approval of Map, for Parcel Map No. 18649, located on the southwest corner of Milliken 156 Avenue and Foothill Boulevard, submitted by Foothill & Milliken JPIPI, LLC. RESOLUTION NO. 07-126 158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 18649 (TENTATIVE PARCEL MAP NO. 18649) 18. Approval to accept the bids received and award and authorize the execution of the contract 159 in the amount of $255,000.00 to the apparent low bidder, Grand Pacific Contractors, Inc. (CO 07-076), authorize the expenditure of a 10% contingency in the amount of $25,500.00 for the Almond Box Culvert east of Hermosa Avenue, to be funded from General Drainage funds, Acct. No. 1112303-565011599112-0 and Hazard Mitigation Grant Program funds, Acct. No. 1390303-5650/1599390-0 and appropriate an additional amount of $75,000.00 to Acct. No. 1112303-565011599112-0 from General Drainage fund balance. 19. Approval to accept the bids received and award and authorize the execution of the contract 167 in the amount of $176,971.00 to the apparent low bidder, International Pavement Solutions, Inc. (CO 07-077), and authorize the expenditure of a 10% contingency in the amount of $17,697.10 far the 9'" Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue, to be funded from Gas Tax funds, Acct. No. 1 1 72303-565011 5851 72-0 and appropriate additional amount of $32,000.00 to Acct. No. 1 1 72 30 3-56 5011 58 51 72-0 from Gas Tax fund balance. 20. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $561,957.28 to the apparent low bidder, Land Forms Landscape 174 Construction, Inc. (CO 07-078), and authorize the expenditure of a 10% contingency in the amount of $56,195.73, for the Haven Avenue and 19'" Street Parkway Improvement, to be funded from Capital Reserve funds, Acct. No. 1025001-5650/1504025-0. 21. Approval of an agreement for landscape maintenance within State Highway Right of Way 181 located on the east side of Day Creek Boulevard and south of the State Route 210 eastbound onramp, submitted by Pacific Globe, Inc., (CO 07-079). RESOLUTION NO. 07-127 183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT FOR LANDSCAPE MAINTENANCE FOR A PORTION OF STATE ROUTE 210 RIGHT-OF-WAY ALONG DAY CREEK BOULEVARD AND ADJACENT TO DRC2003-00719 22. Approval to accept the bids received and award and authorize the execution of the contract 184 in the amount of $127,772.00 to the apparent low bidder, Pivot Group, Inc. (CO 07-080), and authorize the expenditure of a 10% contingency in the amount of $12,777.20, for the City Hall Planter Covers, to be funded from Capital Reserve funds, Acct. No. 1025001- 5650/1603025-0. 23. Approval of Improvement Agreement Extension for Parcel Map 16445, located on the north 187 side of Sixth Street, about 1,000 feet east of Archibald Avenue, submitted by Chang Revocable Trust. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 6, 2007 7 RESOLUTION NO. 07-128 190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 16445 24. Approval of Improvement Agreement Extension for Tract 16226-1, located at the northerly 191 terminus of Day Creek Boulevard west of Etiwanda Avenue, submitted by K. Hovnanian Forecast Homes, Inc. RESOLUTION NO. 07-129 194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16226-1 25. Approval to release Maintenance Guarantee Bond for DRC2002-00264, located on the 195 southwest corner of 6`" Street and Utica Avenue, submitted by 6`h & Utica, LLC. 26. Approval to release Maintenance Guarantee Bond for DRC2003-01174, located on the north side of Jersey Boulevard east of White Oak Avenue, submitted by HD Rancho Cucamonga 197 Associates, L.P. 27. Approval to release Maintenance Cash Deposit for Parcel Map 16969, located on the west 199 side of East Avenue north of Highland Avenue, submitted by Verizon California, Inc. 28. Approval to release Maintenance Guarantee Bond for Tract 16335, located on the east side 201 of East Avenue, north of Base Line Road, submitted by KB Home Greater Los Angeles, Inc. 29. Approval to release Maintenance Guarantee Bond for Tract 16430, located on the west side 203 of Archibald between Wilson Avenue and Hillside Road, submitted by Archibald Ventures, LLC. 30. Approval to release Maintenance Guarantee Bond for Tract 16461, located on loamosa 205 Street, west of Hellman Avenue, submitted by Patricia Prutting, Delbert & Judy Feltis and James 8 Bernice Dunn. L. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and noncontroversial. The Agency, Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by an Agencymember, Boardmember, or Councilmember. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 6, 2007 8 1. CONSIDERATION OF SECOND READING OF AN ORDINANCE CONTINUING THE 207 ANNUAL SPECIAL TAX RATES FOR FISCAL YEAR 2007/08 IN MELLO ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 ORDINANCE NO. FD 44 (second reading) 207 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2007/08 2. CONSIDERATION OF SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. DESCRIBING THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY TO COMPLY WITH STATE REQUIREMENTS ON EMINENT DOMAIN ORDINANCE NO. 777 (second reading) 210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESCRIBING THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY TO COMPLY WITH STATE REQUIREMENTS ON EMINENT DOMAIN M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised andlor posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 1. CONSIDERATION TO APPROVE AN INCREASE IN RESIDENTIAL AND COMMERCIAL 214 REFUSE HAULING RATES AND TO AUTOMATE THE CITY'S GREEN WASTE COLLECTION PROGRAM (CO 85-082) N. PUBLIC HEARINGS The following items have no legal publication or posting requirements. No Items Submitted. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ JUNE 6, 2007 9 O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 1. CONSIDERATION OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA) AT THE SOUTHWEST CORNER OF 220 ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 07-130 222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS 2. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES 226 DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 07-131 228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) 3. CONSIDERATION TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA 237 NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 07-132 239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2007-2008 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS 4. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES 250 DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 07-133 255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 10 _ JUNE 6, 2007 5. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILTIEIS 259 DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 07-134 281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 6. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES 268 DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) RESOLUTION NO. 07-135 ~ 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES 277 DISTRICT NO. 2000-03 (RANCHO SUMMIT) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 07-136 288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 03 (RANCHO SUMMIT) FOR TAX YEAR 2007-2008 8. CONSIDERATION TO SET ANNUAL. SPECIAL^TAX FOR GOMMUNITY~FAGILIIItS 292 RESOLUTION NO. 07-137 ~ 294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY FACILITIES DISTRICT NO. 2000- 03 (RANCHO SUMMIT) FOR TAX YEAR 2007-2008 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS 9. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES I 305 nlcTDl!`T nlll onnA!\A /I~ADDn\/G ~AFNT ADFA AI(lC 1 R 7 SFDIFC 9nM _Dl WITH REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA JUNE 6, 2007 RESOLUTION NO. 07-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2007-2008 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A 10. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 (IMPROVEMENT AREA NO. 3, ZONE 7, SERIES 2001-B) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 07-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2007-2008 (IMPROVEMENT AREA NO. 3, ZONE 7), SERIES 2001-B 11. RESOLUTION NO. 07-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2007-2008 (IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3), SERIES 2003-A 11 308 322 324 331 333 12. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILTIIES 343 DISTRICT NO. 2003-01 (IMPROVEMENT AREA NO. 2, ZONES 1, & 2), SERIES 2003-B RESOLUTION NO. 07-141 345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 FOR FISCAL YEAR 2007-2008 (IMPROVEMENT AREA NO. 2, ZONES 1 & 2), SERIES 2003-B 13. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES 353 DISTRICT NO. 2006-01 (VINTNER'S GROVE) RESOLUTION NO. 07-142 355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (VINTNER'S GROVE) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ .TUNE 6, 2007 12 14. CONSIDERATION TO SET AN ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES 381 DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) RESOLUTION NO. 07-143 383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2007-2008 15. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES 409 DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) WITH NO INCREASE TO THE CURRENT RATE RESOLUTION NO. 07-144 411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) FOR FISCAL YEAR 2007-2008 P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) 2. DISCUSSION OF REGULATIONS ON SOLICITORS 425 3. DISCUSSION OF ANTI-SMOKING REGULATIONS 426 4. LEGISLATIVE AND REGIONAL UPDATES (verbal) Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 31, 2007, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. May 2, 2007 CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY CLOSED SESSION MINUTES A: CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, May 2, 2007, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 4:00 p.m. by Chairman Donald J. Kurth, M.D. Present were Agencymembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Vice Chairman Diane Williams, and Chairman Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, Legal Counsel; and Linda D. Daniels, Redevelopment Director. ...... B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S~ Chairman Kurth announced the closed session items: B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD; LINDA D. DANIELS, RDA DIRECTOR, AND J. FILIPPI WINERY, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT-RDA B2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9055 FOOTHILL BOULEVARD; LINDA D. DANIELS, RDA DIRECTOR, AND LINC-PEPPERWOOD HOUSING, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT -RDA 63. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTIES LOCATED AT 10244 ARROW ROUTE; 9181 FOOTHILL BOULEVARD; 8837 GROVE AVENUE; AND, 7127 ARCHIBALD AVENUE; LINDA D. DANIELS, RDA DIRECTOR, AND NATIONAL CORE HOUSING, NEGOTIATING PARTIES, REGARDING TERMS OF AGREEMENT -RDA ,.,.,. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S~ No one was present to comment on the closed session items. iRif4f D. CONDUCT OF CLOSED SESSION Closed session began at 4:00 p.m. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 2 E. CITY MANAGER ANNOUNCEMENTS AND REPORTS F. RECESS The closed session adjourned at 6:50 p.m. with no action taken. ,...,. G. CALL TO ORDER A regular meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council was held on Wednesday, May 2, 2007, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth, M.D. called the meeting to order at 7:08 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo; Vice Chairman/Vice PresidenUMayor Pro Tem Diane Williams and Chairman/PresidenUMayor Donald J. Kurth, M.D. Also present were: Jack Lam, Executive Director/City Manager; James Markman, Legal Counsel/City Attorney; Pamela Easter, Assistant City Manager; Marcia Godwin, Assistant to the City Manager; Kimberly Thomas, Management Analyst III; Fabian Villenas, Management Analyst III; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Dawn Haddon, Purchasing Manager; Sid Sophomsay, Information Systems Analyst; Michael Toy, Information Systems Specialist; Mahdi Aluzri, Deputy City Manager/Community Development; Joe O'Neil, City Engineer; James Troyer, Planning Director; Tom Grahn, Associate Planner; Trang Huynh, Building & Safety Official; Deborah Clark, Library Director; Joe Pulcinella, Animal Services Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Pam Pane, Management Analyst II; Shirr'I Griffin, Office Specialist II -City Clerk's Office, and Kathryn L. Scott, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation in recognition of "Business Appreciation Week," May 14 -18, 2007. The Mayor and City Council presented the award to Norm McKenzie, PresidenUCEO, and mike Gaumer, Sr. Vice Chairman/Chairman-Elect, from the Rancho Cucamonga Chamber of Commerce. Mr. McKenzie thanked the City Council for the Proclamation and announced that effective July 1, 2007, Mike Gaumer, Sr. takes over as PresidenUCEO. Mr. Gaumer also thanked the City Council. H2. Presentation by Joe Pulcinella, Animal Services Director, regarding the "Rancho Raves for Rescues" event to be held on Saturday, May 12, 2007. Joe Pulcinella presented "Dalton;' a male mixed-breed puppy. Mr. Pulcinella invited the public to the May 12th event and said it's an opportunity to look for a specific dog. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 3 I. PUBLIC COMMUNICATIONS 11. Ed Hills thanked Rex Gutierrez for the productive time he provided on the meetings regarding the moratorium of medical use of marijuana and Safe Streets Now! He said he was impressed with Deputy Steer's previous report on the Crime Free Multi-Housing Program and his commitment to this job and the community. He was also impressed that Sam Spagnolo recognized the need for a program regarding rental properties. He strongly recommended that the City Council try to implement the nationally- recognized program "Safe Streets Now" in Rancho Cucamonga in order to maintain the safety and integrity of our neighborhoods. 12. Robin Hvidston with the Minute-Man Project talked about the flag rally held at the day labor site on March 15`". She said the purpose was to send a message to employers to not exploit laborers at this day labor site. She said at the 3-hour rally, ordinances were broken and their group had to have police protection. She asked the City to try and figure out a humane way to come together as a community and clear the streets so that citizens can feel safe. 13. Raymond Herrera, National Rally Spokesperson, talked about the day labor site in Rancho Cucamonga. He showed photos of incidents regarding day laborers. He said he is seeking legal counsel to go after whoever is responsible for having such a day labor site and added there will be legal ramifications. 14. Robert Lauten spoke regarding illegal immigration at the federal level. He left copies of the "New American" publication. He would like City Council to read the magazine and consider a resolution that a number of states/legislators have already passed expressing their opposition to the North American Union and the (NAFTA) Superhighway System. 15. John Lyons spoke regarding Deputy Webb who was fired yet serves to get a fair trial. 18. Jim Moffatt spoke regarding the military and suggested that the City Council meeting adjourn in their honor. He also stated he would pay for the adoption of "Dalton," the shelter dog who was introduced tonight. 17. Kelly Kuntz, Regional Chair for Rudy Giuliani for President Campaign, stated she wanted to reach out to residents regarding the campaign efforts of Rudy Giuliani. She invited citizens to view the website, "JoinRudy2008.com" and to get involved. J. AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS Councilmember Spagnolo stated that the Council is interested in the Safe Street Now! Program. He would like Council to be kept abreast and to get a copy of the program so Council could consider adopting in Rancho Cucamonga. Councilmember Gutierrez agreed that it is important to take a look at that program. He said he is intrigued with having some say in how people rent out their homes. He said we are going to see a huge proliferation of rental homes and, we, as a community, need to have some oversight into that to make sure that we don't let the properties deteriorate. He said the term of "day labor" site implies that it is some type of agovernment-sanctioned center. He said the City has no involvement in any type of organized system of having people gather at a location and wait for work. He said that location in the south part of the city has been some type of labor pick-up site for many decades. He said we will do all we can to Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 4 regulate our laws that are in effect (traffic, etc.) to try and get control of that area. He said it is a bad situation for those who live and work there and no neighborhood deserves to have loitering. He stated we are trying to solve this problem. Mayor Pro Tem Williams said she agrees with crime-free housing, and she likes the idea of working with independent individual landlords who want to rent their properties; she thinks it could be very valuable to offer them assistance, perhaps a uniform rental agreement or a seminar on how to be a good landlord. She said nobody wants their rental property destroyed or to decline in value. She said this could have a benefit to the landlord as well as the neighborhood and the community. She said maybe we can start that activity to protect the landlord. K. CONSENT CALENDAR -REDEVELOPMENT AGENCY K1. Approval of Minutes: March 21, 2007 March 28, 2007 (special meeting re team building/goal setting) April 4, 2007 K2. Approval of Check Register dated April 11 through April 24, 2007, for the total amount of $935,402.32. K3. Approval to accept the improvements constructed by various contractors at the Victoria Gardens Cultural Center as complete and authorization to file a Notice of Completion for the improvements and to release the Faithful Performance Bond for each contract. RESOLUTION NO. RA 07-007 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS COMPLETED BY LETNER ROOFING COMPANY FOR THE VICTORIA GARDENS CULTURAL CENTER PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. RESOLUTION NO. RA 07-008 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS COMPLETED BY W R W STEEL COMPANY FOR THE VICTORIA GARDENS'CULTURAL CENTER PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K4. Approval to authorize the advertising of the "Notice Inviting Bids' for the construction of Roof Repairs & Maintenance to Fire Station #4, Fire Station #5 and Fire Shops, to be funded from Acct. No. 25058015602 (Fire Protection -RDA Funds). Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 5 RESOLUTION NO. RA 07-009 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ROOF REPAIRS & MAINTENANCE OF FIRE STATION #4, FIRE STATION #5 AND FIRE SHOPS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO. ADVERTISE TO RECEIVE BIDS K5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Victoria Gardens Cultural Center Fencing, to be funded from Redevelopment Agency Funds. RESOLUTION NO. RA 07-010 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "VICTORIA GARDENS CULTURAL CENTER FENCING" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved "by Michael, seconded by Spagnolo to approve the items listed on the Consent Calendar. Motion carried unanimously, 5-0. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT K6. Approval of Minutes: March 21, 2007 K7. Approval of Check Register dated April 11 through April 24, 2007, for the total amount of $83,636.65. K8. Approval to appropriate $256,200.00 from Fire District Vehicle and Equipment Replacement Reserve Funds into Acct. No. 3281511-5604 (Capital Outlay-Vehicles) and approve a single source purchase from West Mark Fire Apparatus of Ceres, California, for one (1) New West Mark Type III Brush Apparatus, in the amount of $256,192.86, to be funded from Acct. No. 3281511-5604 (Capital Outlay- Vehicles). K9. Approval to release Faithful Performance Bond No. 2169774 in the amount of $504,967.00 for the Fuel Tank Retrofit with Aboveground Fuel Tanks for Fire Station Nos. 171, 172, 174 and 175 and City of Rancho Cucamonga Adult Sports Center, Contract No. FD 05-007. MOTION: Moved by Williams, seconded by Spagnolo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously, 5-0. .,.,_. K. CONSENT CALENDAR- CITY COUNCIL K10. Approval of Minutes: March 21, 2007 March 28, 2007 (special mtg. re team building/goal setting) April 4, 2007 (special mtg. re wireless networking/programming at Arrow Route Center) April 4, 2007 Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 6 K11. Approval of Check Register dated April 11 through April 24, 2007, and payroll ending April 24, 2007, for the total amount of $6,015,289.15. K12. Approval to declare City-owned computer equipment as surplus and authorization for the donation of computers and monitors to the PAL Campaign. K13. Approval to authorize the advertising of the "Notice Inviting Bids' for the Baker Avenue Grade Crossing, north of 8~h Street, to be funded from Transportation Fund Acct. No. 1124303-5650/1568124-0. RESOLUTION NO. 07-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "BAKER AVENUE GRADE CROSSING, NORTH OF 8T" STREET' IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K14. Approval to authorize the advertising of the "Notice Inviting Bids" for the City Hall Planter Covers, to be funded from Capital Reserve Acct. No. 1025001-5650/1603025-0. RESOLUTION NO. 07-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CITY HALL PLANTER COVERS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO RECEIVE BIDS K15. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 9`h Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue, to be funded from Acct. No. 1 1 72 3035650/1 5851 72-0 (Gas Tax Funds). RESOLUTION NO. 07-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE 9T" STREET PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO ARCHIBALD AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K16. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Haven Avenue and 19th Street Parkway Improvement (west side of Haven Avenue from Base Line Road to the 210 Freeway and north side of 19"' Street from Haven Avenue to Cartilla Avenue), to be funded from Acct. No. 102550015650/1504025-0 (Capital Reserve Funds). RESOLUTION NO. 07-099 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HAVEN AVENUE AND 19T" STREET PARKWAY IMPROVEMENTS (WEST SIDE OF HAVEN AVENUE FROM BASE LINE ROAD TO THE 210 FREEWAY AND NORTH SIDE OF 19T" STREET FROM HAVEN AVENUE TO CARTILLA AVENUE) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 7 K17. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction or Modification of Traffic Signals and Safety Lighting at Ten Locations, to be funded from Transportation Development Funds. RESOLUTION NO. 07-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OR MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT TEN LOCATIONS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K18. Approval to authorize the advertising of the "Notice Inviting Bids" for the Heritage Park and Windrows Park Baseball Field Renovations, to be funded from Park Development Funds. RESOLUTION NO. 07-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "HERITAGE PARK AND WINDROWS PARK BASEBALL FIELD RENOVATIONS" AND AUTHORIZNG AND• DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K19. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the 5~" Street and Fairway View Place A.C. Pavement Final Cap, to be funded from Developer Trust Funds and Transportation Funds. RESOLUTION NO. 07-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE 5T" STREET AND FAIRWAY VIEW PLACE A.C. PAVEMENT FINAL CAP IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K20. Approval to authorize the advertising of the "Notice Inviting Bids' for the Almond Box Culvert, east of Hermosa Avenue, to be funded from General Drainage Fund, Acct. No. 1 1 1 2303-5650/1 5991 1 2-0 and Hazard Mitigation Grant Program Fund Acct. No. 1390303-5650/1599390-0. RESOLUTION NO. 07-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ALMOND BOX CULVERT, EAST OF HERMOSA AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K21. Approval to accept bids received and award and authorize the execution of the contract (CO 07- 053) in the amount of $70,356 to the apparent low bidder, Humphrey Construction of Diamond Bar, California, and authorize the expenditure of a 10% contingency in the amount of $7,035 for the Citywide Wood Barricade Retrofit Project, to be funded from 1025001-5650/1539025-0 and appropriate $45,391 to Acct. No. 1025001-5650/1539025-0 from the Capital Reserve Fund Balance. K22. Approval to accept the bids received and award and authorize the execution of the contract (CO 07-054) in the amount of $162,900.00 to the apparent low bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $16,290.00, for the Banyan Street Pavement Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 8 Rehabilitation from Sapphire Street to Carnelian Street, to be funded from Measure "I" funds, Acct. No. 11763035650/1517176-0. ' K23. Approval to renew the Collection Center Household Hazardous Waste Agreement (CO 99-033) with the County of San Bernardino Area 70 Consolidated Fire District (CSA 70 CFD). REMOVED FOR DISCUSSION BY BOARDMEMBER WILLIAMS. K24. Approval of an Improvement Agreement Extension for Tract 16971, located on the east side of Hellman Avenue, south of 6`h Street, submitted by Crestwood Corporation. RESOLUTION NO. 07-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16971 K25. Approval of an Improvement Agreement Extension for Tract 16567, located on the north side of Foothill Boulevard, east of Hellman Avenue, submitted by WL Route 66 Associates, LLC. RESOLUTION NO. 07-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16567 K26. Approval of Improvement Agreement Extension for Tract 16454-1, located at the southeast corner of Base Line Road and Etiwanda Avenue, submitted by KB Home Greater Los Angeles, Inc. RESOLUTION NO. 07-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16454-1 K27. Approval to release Faithful Performance Bond No. 104557755 in the amount of $345,086.00 for the Archibald Avenue Pavement Rehabilitation from Base Line Road to 19`" Street Project, CO 05-093. MOTION: Moved by Michael, seconded by Spagnolo to approve the items listed in the Consent Calendar with the exception of item K23. Motion carried unanimously, 5-0. DISCUSSION OF ITEM K23. Approval to renew the Collection Center Household Hazardous Waste Agreement (CO 99-033) with the County of San Bernardino Area 70 Consolidated Fire District (CSA 70 CFD). Mayor Pro Tem Williams sated that she did not want any major overhaul and does not want to hold up the agreement, but since the City operates it, she would like to see if we can improve service, which is not user-friendly. She said the view from Base Line is unattractive. She suggested that staff talk to the County, find out what other cities do, and also research to find a better way to encourage residents to recycle oil, as she knows for a fact that people are pouring oil in the street gutters. Joe O'Neil, City Engineer, stated in the budget, it is proposed to upgrade the facility. As part of that program, the procedures will be revised and a building will be built so that everything will be enclosed. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 9 Councilmember Spagnolo concurred with Mayor Pro Tem Williams. He said the area is confusing to people and the lines are long. He asked if there is a possibility to make available on-line the forms for people to fill out prior to coming to the facility. Joe O'Neil, City Engineer, stated that staff is working on that and trying to simplify the procedures. MOTION: Moved by Williams, seconded by Spagnolo to approve item K23. Motion carried unanimously, 5-0. L. CONSENT ORDINANCES No items submitted. M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL M1. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOCATIONS FOR FISCAL YEAR 2007-2008 - A review of the federally-required Annual Action Plan, which includes the final selection of CDBG projects based on a new grant allocation of $1,051,491. A staff report was presented by Tom Grahn, Associate Planner. He said there are no changes from the previous report. Councilmember Michael stated that each and every year Mr. Grahn does a wonderful job putting this together, as there are always more requests for funding than there is money to spread around. He said fortunately our Federal Government is still maintaining their allocation of community development block grants. He said he hopes that will continue into the future as it is vital in helping some of our service clubs who are such a vital resource to the community, as well as improving the areas in the community that have some challenges to make it nicer for those residents. Mayor Kurth opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Michael, seconded by Williams to approve item M1. Motion carried unanimously, 5- 0. M2. CONSIDERATION OF A PUBLIC HEARING REQUESTING TO EXTEND URGENCY ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN ALL LAND USE ZONES WITHIN THE CITY OF RANCHO CUCAMONGA The staff report was presented by James Troyer, Planning Director. He recommended that City Council adopt an interim urgency ordinance to extend the previously approved interim ordinance that was adopted by Council on March 21, 2007, which extends the moratorium for ten (10) months and fifteen (15) days (to expire on February 20, 2008). He said this will allow staff time to evaluate medical marijuana dispensary uses and to research them and their appropriateness for the establishment of procedures and evaluating any potential mitigating measures that may occur with their regulation. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 10 Councilmember Gutierrez asked why every city around here is trying to make sure that no dispensaries of marijuana are operating in their city. James Troyer, Planning,Director, stated part of the reason is that of potential threats to public health and safety. He said cities are cautious and want to do further studies. Jim Markman, City Attorney, said this precludes anybody from establishing a use in Rancho Cucamonga while the study completes itself. He said hopefully some of these court cases will run their course and tell us important information, such as, can you outright prohibit from your entire city these uses. He said it is prudent to prohibit these uses until all the information develops to the point where staff can make a recommendation on what to do. Mayor Kurth asked how this could even be an issue if it violates federal law. Jim Markman, City Attorney, said some US attorneys choose to enforce the federal law in states that have this opportunity, like California and others, and some don't; there is no question anybody engaged in this activity is violating federal law; if the US Attorney and local Deputy Attorney General want to enforce it, or gets a directive to, they could put their effort there. He said there are several that have been established in Southern California without federal enforcement. He said the most prudent act is to temporarily prohibit this use from a zoning point of view. He said you could run this out approximately two years as long as you are in good faith trying to study the issue, which we are. Mayor Kurth asked if somebody has a prescription for marijuana from a.doctor and then purchases it from a dispensary, would they be in violation of federal law. Jim Markman, City Attorney, answered that's affirmative. He said they are still in possession of a federally-controlled substance. Councilmember Michael said when they were in Sacramento on Monday dealing with legislative affairs, the Mayor mentioned in a legislative forum the issue of medical marijuana and we were reminded that the whole issue came in a ballot measure that was passed by the public in California and, therein, some of the voters misunderstood the potential problems. He said hopefully, if we can't solve it federally, somebody. will take the initiative to put another referendum on the ballot that removes the one the voters previously passed. Jim Markman, City Attorney, said if the California courts ultimately say there's enough proof of secondary affects, that the City can prohibit this use under its zoning powers, there won't be any reason to do anything more, as that will be the end of it. Councilmember Gutierrez asked how they can eliminate the use through zoning. Jim Markman, City Attorney, responded that if somebody is going to run a dispensary, it has to be a permitted use somewhere in a city where it's allowed; or, even more, we could say it's a prohibited use in every zone, and somebody opens one up, and the courts support in joining it because it violates the zoning law, then they will disappear if we get that decision from the California Supreme Court. Councilmember Gutierrez stated that unfortunately we are in a metropolitan area where the City of Los Angeles, he believes, is dispensing marijuana that makes it out to these areas. He said he doesn't understand, though, how we can preempt federal law. Mr. Markman, City Attorney, said we don't preempt federal law. He said we can't enforce federal law, but the U.S. Attorney can certainly have the FBI and others do so. He said criminalizing it does not preclude us from prohibiting it under the zoning code, which is what this is all about. He said if we didn't have this statue extended, tomorrow somebody could set one of these up, and the City would be helpless. He said that's why we need to extend this. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 11 Mayor Kurth said, as a physician, he takes some issue with the nomenclature used with the name used for medical marijuana. He said in the minds of most physicians, marijuana is not within mainstream medicine, and some physicians have suggested that we use the term "licit marijuana" to try to identify it as something which has, at least on some level, been given a legal status, but it's still not accepted medically. He said there are medications that contain some of the same elements as marijuana, but marijuana in the sense of this initiative is not within the realm of mainstream medicine. Mayor Kurth opened the meeting for public hearing. Addressing the City Council: 1. Jim Moffatt stated that if it is illegal to grow, he would like to know where the dispensaries are getting their marijuana. 2. Ed Hills stated he is here for all the kids in Rancho Cucamonga. 11e said he thinks it's appropriate, since we open the meeting with the pledge of allegiance, to share some words, at which time he read the "Preamble to the Constitution of the United States." He said within the last six weeks he collected stories from the Inland Valley Daily Bulletin regarding marijuana. He said marijuana is grown right here in the valley. He recapped articles from the March 7, March 14, March 21, March 28, April 4, April 11 and April 18`" Inland Valley Daily Bulletin. He said he has contacted the U.S. Attorney's Office and got the run-around. He said we are seeing a lack of leadership, and he would like City Council to fill that void. He would like to work together with Bob Dutton and Bill Emerson to influence our Governor to restore policies in the State of California that make sense in regards to illicit drugs. 3. John Lyons stated that whenever we do anything, we bring in experts, and the Mayor is the expert tonight. He addressed the Mayor to confirm that he previously mentioned something might be available that would help people to get prescription medication. The Mayor answered affirmatively. My Lyons said the people need to know if there is something out there they can get from their doctor'than can help them. He applauded the Mayor for that information and expertise. There being no further comment, the public hearing was closed. Councilmember Gutierrez stated this issue is important, that he has met with Mr. Hills and others, and agrees there is a lack of leadership. He said the issue is that there are a number of people who voted in 1996 under the guise of "compassionate use act" He said everyone knows to get a proposition or initiative passed, you have to definitely work on the name, as that's half the battle. He said the problem with an initiative is that there are loopholes that are becoming manipulated to the point that our own community is becoming negatively affected. He said there are people who have gotten a referral from a doctor for a fee, sometimes without even being seen as a patient, or maybe through the mail, and they are able to avoid prosecution and keep smoking this stuff. He said he understands from reading this law, if you have the good fortune of being a friend of a kid who takes marijuana due to medical illness and you are in the car with this person who happens to get stopped, police can't do anything if all the other people in the car declare they also have permission by a doctor. He said law enforcement cannot require a verification slip of any kind from that doctor; they have to take the word of the person smoking marijuana. He said that is a huge loophole and there are a number of loopholes that he feels threatens our community. He said there are limits of what people can grow - no more than six mature or twelve immature marijuana plants pert patient or no more than eight ounces of dried marijuana. The loophole is, "the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs." He said the fact that 95% of drug addicts begin with marijuana does post a danger. He said this is a bad law and he is going to work, if it okay with his colleagues, if possible, to come up with a resolution that makes a statement that our city has serious reservations with this law and that we will try to appeal for sanity and a reversal, or whatever it takes, to restore common sense. He said he prays that we will find people who have enough courage to take this head on as far as we have to go and educate the people of our state and lead to a reversal of such a rotten law. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 12 Kathryn L. Scott, Assistant City Clerk, read the title of Ordinance No. 776-A. ORDINANCE NO. 776-A (Interim Ordinance - 2n° reading is not required) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, EXTENDING INTERIM ORDINANCE NO. 776, PROHIBITING MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES, PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS THEREFORE, AND DECLARING THE URGENCY THEREOF MOTION: Moved by Michael, seconded by Williams to approve Ordinance No. 776-A. Motion carried unanimously, 5-0. N. PUBLIC' HEARINGS ` No items submitted. ...... O. ,CITY MANAGER'S STAFF REPORTS '. No items submitted. .+.+.. P. FIRE-BOARD BUSINESSr P1. UPDATE ON CAPITAL IMPROVEMENT PROGRAM REGARDING DESIGN AND CONSTRUCTION OF NEW FIRE STATIONS (oral) Chief Peter Bryan provided general remarks as Pam Pane, Management Analyst II, presented the power point presentation on Stations 178, 172, 177 and the headquarters building. (The presentation is on file in the City Clerk's Office.) Chief Bryan said staff is working diligently to bring these projects to fruition. Mayor Kurth questioned the location of 178, as it is close to Day Creek. He said if the point is to shorten response times, why not put it more distant from the nearest fire station. Chief Bryan stated in using mapping analysis in the center of the city, we have an area that none of the current stations can get to within afour-minute travel time. He said it is critical that each one of the districts has some overlap. He said the reason for the overlap is when a station is busy and another station needs to cover, you don't want those spaced exactly a distance apart so that they can't get to the destination within a reasonable time. He said travel time is calculated and measured to th'e 90`" percentile, so a little bit of overlap allows you to have a longer response for about ten percent of those responses into that area. He said in the center of the city, around Haven/Base Line area, for approximately one to~two square miles, we've got an area that none of the districts can cover. He said Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 13 we weren't able to do this kind of mapping analysis prior to the last two years. He said for years, using the Insurance Services Offices guidelines, we provided a mile and a half radius circles, and we tried to use that. Now, with the GIS Division, we are able to actually map travel time using our actual travel speed, so we now can have the very irregular shape instead of an exact circle. We are much more accurate in location, but it's also realized that the center of the city is well over the four-minute travel time. He said this is the best available location because at Haven and Base Line there isn't any other vacant property that is available. Mayor Kurth stated he would hate to see us use the children's playground when maybe another piece of property would do it. He said when he looked at this, based on his odometer, it was just over a mile from the Day Creek Station. He said it seems if it was moved a little bit to the west, you might actually get a more central location and preserve this land so that we can use if for the children. Chief Bryan stated that the perfect location would be at Haven and Base Line, but there isn't anything in that area available without some other formal process (eminent domain), which has come under a lot of scrutiny and really isn't practical. He said this is the only available parcel. He said we have reduced by about 33% the initial design that was reviewed. Mayor Kurth commented that a piece of property just to the south of that sold not too long ago at Haven and Church. Chief Bryan said they didn't have access to that property and, like Station 177, even if we would have had access, to be able to fill up the basin is a considerable cost. He said the District did not have the financial ability to do that. , Councilmember Spagnolo stated in regards to Station 177, he likes the idea of using the rest of that land for a park and having a show and tell there for the Fire Safe Council, giving people an idea of how their property should look with a buffer zone for those living in the foothill area of the community. He said regarding Station 178, a fire station is a place that's being utilized for other things besides housing our file engines and firefighters; it's also a Safe Haven for unwanted babies and also a place where people go for emergencies when they can't make it to a hospital. He said he wouldn't want to hide the fire station so nobody knows where it is. He agrees that we should have the aesthetics there to make it look like a park, but, also, people need to know where the fire station is. He said he would like to see if we could get a quarterly report on how we are progressing with our capital improvements in regards to the Fire District, including the headquarters building. Chief Bryan stated he would like to appropriately screen the station because we do realize that we produce some noise due to the apparatus coming and going and the generators starting up periodically. He said the Safe Haven is an issue right now in Sacramento and all of the stations currently receive infants when the parents would like to deliver them to stations. Councilmember Michael stated all of these cases, except the headquarters building, involve solving property issues. He said he believes it is about two years after acquiring the property that the station could be completed. He said if the property is acquired, it should not preclude us from starting these projects, depending on the timing, simultaneously. He asked if that could happen whereby they would be building two fire stations at the same time because the timing worked out that way. Chief Bryan stated that property acquisition is the most critical aspect right now because the District does not'own any property for any fire station. He said they are diligently working on a site for Station 172 with the Redevelopment Agency and working with San Bernardino County for the Station 177 site. He said they could all come together at the same time. He said the five-year implementation plan was based on spacing those out. He said the majority of this year we have focused on just securing property. He said we believe that financially we're capable of doing those and at the same point in time, we are looking at different construction methodologies to be able to stretch our dollars and use them differently than we have in the past. He said if they all fall into our lap at the same time, we are up for the challenge, but it certainly will be a formidable task. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 14 Jack Lam, City Manager, said he concurs with the Chief. He said they were spaced out in terms of financing and the ability to build these, but because of the challenges of land agquisition, they are probably going to all happen about the same time. He said the headquarters building could move a little quicker because we already own that piece of property, and the only thing holding that up is the parking problem. Regarding that, he said at the next meeting on the agenda for approval will be a parking agreement between the County and the City to provide parking for this facility, which will allow the Chief to move forward on the environmental processing plans. He said the rule of thumb is, regardless of when you start aproject, athree-year design cycle. He said that will give you an approximate timeframe of when buildings get built. Councilmember Michael stated he assumes that we would move forward with the headquarters project, as he knows we're challenged with space at City Hall. He said moving to the new headquarters would be beneficial to everybody. Jack Lam, City Manager, said that's affirmative and that would allow the implementation of the video conferencing for Fire with the option for expanding video conferencing for all the other services throughout the city. He said with video conferencing we'll be able to train for all the different facilities at one place. He said if a station has to go on a call, they can come back and pick up where they left off on the training. Chief Bryan stated that regards to the concept of constructing Station 178 at Central Park, staff, at Council's direction, would prepare and continue to work with other departments in the city to bring a more detailed site plan. He said the station will serve annually more residents for emergency response than even the northwest station. He said the northwest just happens to have the largest area that's outside the four-minute travel time. He said Station 178, though, will provide more service to more residents and more emergency services just because of its physical nature in the center of the city. Mayor Kurth stated he hopes that we can continue to look for a more appropriate location. He would like to see us move forward as quickly as possible with all these stations and he would hate to see us delayed because of land acquisition or some other related problem. He said maybe we could look to some of our developers and see if they could help us with a piece of property that would be in a more appropriate location. Chief Bryan said if that's the Board's direction, staff can pursue that •1fe#R• P. COUNCIL BUSINESS P1. COUNCIL ANNOUNCEMENTS (Comments to be 'limited to three minutes per Councilmember.) Councilmember Spagnolo reminded all about Sunday, May 13'h -Mother's Day, and wished everyone a "Happy Mother's Day." Councilmember Michael said in the article in the Valley section of the Daily Bulletin, "Relocate America" rated desirable cities to live in, and Rancho Cucamonga was listed in the top 100 cities in the United States. He said "Money Magazine" did the same thing about a year ago. He said it doesn't happen by accident; it happens by good planning by our predecessors and because of residents in this city who continue to support the City's programs, shop, eat, dine and pay their property taxes. He said that gives us the ability to generate the kind of programs we have in this community and the vision to build the kind of facilities that we have. He congratulated Council and staff and thanked the Daily Bulletin for making that a part of their publication. Redevelopment Agency, Fire Protection District and City Council Minutes May 2, 2007 Page 15 P2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember W illiams stated there are a number of State bills that we are tracking: Infrastructure bond funding bills that will set guidelines for the allocation of transportation, housing and parks-related funding; key bills related to housing and development, anti-smoking, mobile homes, workers compensation, waste diversion and public safety. She mentioned the passage of the historic AB 900, a bipartisan agreement to reform California's corrections system, which aims to address the overcrowding in the prison system and to provide improved rehabilitation programs designed to reduce crime and enhance public safety. Mayor Kurth stated regarding the medical marijuana issue, he had an opportunity to have dinner with Bertha Madras, Ph.D., Harvard Medical School, who is on loan to the White House serving as Deputy Director of Office of National Drug Control Policy (ONDCP), regarding the Rancho Cucamonga Ordinance. He reminded the public that people in Washington D.C. are very interested, concerned and are watching what happens in California. Mayor Kurth wished all a safe Cinco de Mayo, to drive carefully and to have a wonderful Mother's Day ,.._.. Q. IDENTIFICATION. OF ITEMS FOR NEXT MEETING Councilmember Gutierrez: 1) Discussion of the Sign Ordinance; 2) discussion of Solicitors; and 3) Update on the Safe Streets Now Program. w +..x+ R. ADJOURNMENT ' MOTION: Mayor Kurth adjourned the meeting at 9:10 p.m. in honor of the United States Military. Respectfully submitted, Kathryn L. Scott, CMC Assistant City Clerk Approved: RANCHO CUCAMONGA REDEVELOPMENT AGENCY p~ Aeenda Check Reeister 5/9/2007 through 5/29/2007 Check No. Check Dale Vendor Name Amoun[ AP - 00251513 5/9/2007 BRODART BOOKS 27.95 AP - 00251513 5/9/2007 BRODART BOOKS 8.51 AP - 00251513 5/9/2007 BRODART BOOKS 84.62 AP - 00251513 5/9/2007 BRODART BOOKS 56.50 AP - 00251513 5/9/2007 BRODART BOOKS 18.05 AP - 00251513 5/9/2007 BRODART BOOKS 15.43 AP - 00251513 5/9/2007 BRODART BOOKS 37.93 AP - 00251513 5/9/2007 BRODART BOOKS 66.47 AP - 00251513 5/9/2007 BRODART BOOKS 18.80 AP - 00251513 5/9/2007 BRODART BOOKS 344.51 AP - 00251513 5/9/2007 BRODART BOOKS 8.51 AP - 00251513 5/9/2007 BRODART BOOKS 34.82 AP - 00251513 5/9/2007 BRODART BOOKS 850.74 AP - 00251513 5/9/2007 BRODART BOOKS 8.05 AP - 00251513 5/9/2007 BRODART BOOKS 14.64 AP - 00251513 5/9/2007 BRODART BOOKS 14.94 AP - 00251513 5/9/2007 BRODART BOOKS 184.35 AP'- 00251513 5/9/2007 BRODART BOOKS 8.51 AP - 00251513 5/9/2007 BRODART BOOKS 6.41 AP - 00251513 5/9/2007 BRODART BOOKS 19.24 AP - 00251513 5/9/2007 BRODART BOOKS 27.70 AP - 00251525 5/9/2007 CERTIFIED FOLDER DISPLAY SERVICE INC. 300.00 AP - 00251597 5/9/2007 INLAND EMPIRE UTILITIES AGENCY 491,762.59 AP - 00251635 5/9/2007 MITSUBISHI ELECTRIC & ELECTRONICS USA R 16,721.14 AP - 00251635 5/9/2007 MITSUBISHI ELECTRIC & ELECTRONICS USA R -2,081.00 AP - 00251648 5/9/2007 NORTHTOWN HOUSING DEVELOPMENT CORP. ]2,687.38 AP - 00251651 5/9/2007 OFFICE DEPOT 6.16 AP - 00251724 5/9/2007 US POSTMASTER 575.00 AP - 00251785 5/16/2007 BMI 18,518.60 AP - 00251785 5/16/2007 BMI 13,265.76 AP - 00251785 5/16/2007 BMI 1,100.00 AP - 00251791 5/16/2007 CALIFA GROUP 7,000.00 AP-00251812 5/16/2007 COMPUTEK 28,176.00 AP - 00251825 5/16/2007 DAN GUERRA AND ASSOCIATES 50,420.00 AP - 00251828 5/16/2007 DEMCO INC 141.50 AP - 00251833 5/16/2007 EIGHTH AVENUE GRAPHICS 3,248.02 AP - 00251846 5/16/2007 G AND M BUSINESS INTERIORS 21,606.31 AP - 00251849 5/16/2007 GEOGRAPHICS 696.33 AP - 00251852 5/16/2007 GRAINGER 1,419.89 AP - 00251859 5/16/2007 HILL AND KNOWLTON INC 231.45 AP - 00251859 5/16/2007 HILL AND KNOWLTON INC 12,233.50 AP - 00251864 5/16/2007 HUNTINGTON GLAZING 598.45 AP - 00251864 5/16/2007 HUNTINGTON GLAZING -59.85 AP - 00251878 5/16/2007 7 H BUILDERS 5,568.00 AP - 00251888 5/16/2007 L E H AND ASSOCIATES 1,800.00 AP - 00251895 5/16/2007 MARCOR REMEDIATION INC 12,500.00 AP - 00251948 5/16/2007 RANCHO CUCAMONGA CHAMBER OF COMME] 3,232.00 AP - 00251950 5/16/2007 RELIABLE GRAPHICS 63.01 AP - 00251950 5/16/2007 RELIABLE GRAPHICS 73.12 AP - 00251950 5/16/2007 RELIABLE GRAPHICS 482.48 AP - 00251952 5/16/2007 RICHARDS WATSON AND GERSHON 12,059.84 AP - 00251952 5/16/2007 RICHARDS WATSON AND GERSHON 163.00 AP - 00251952 5/16/2007 RICHARDS WATSON AND GERSHON 607.25 AP - 00251952 5/16/2007 RICHARDS WATSON AND GERSHON 1,082.50 User: VLOPEZ -Veronica Lopez Page: ] Current Date: 05/30/200 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 14:07:5 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Re>?ister 5/9/2007 throueh 5/29/2007 Check No. AP - 00251952 AP - 00251952 AP - 00251957 AP - 00251957 AP - 00251962 AP - 00252007 AP - 00252031 AP - 00252038 AP - 00252077 AP - 00252089 AP - 00252110 AP - 00252134 AP - 00252153 AP - 00252155 AP - 00252168 AP - 00252193 AP - 00252193 AP - 00252193 AP - 00252201 AP - 00252232 AP - 00252232 AP - 00252232 AP - 00252232 AP - 00252237 AP - 00252237 AP - 00252237 AP - 00252237 AP - 00252237 AP - 00252237 AP - 00252237 AP - 00252268 AP - 00252270 AP - 00252353 Check Date 5/16/2007 5/16/2007 5/16/2007 5/16/2007 5/16/2007 5/16/2007 5/16/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/24/2007 Vendor Name RICHARDS WATSON AND GERSHON RICHARDS WATSON AND GERSHON SAFCO CAPITAL CORD SAFCO CAPITAL CORP SAN BERNARDINO COUNTY VEND U COMPANY. YAMADA ENTERPRISES 49ER COMMUNICATIONS BERN MARIES PROMOTIONAL PRODUCTS CHAMPION AWARDS AND SPECIALTIES COSTAR REALTY INFORMATION INC ENVIROCHECK INC. GROUP C COMMUNICATIONS INC HDL COREN AND CONE INLAND EMPIRE UTILITIES AGENCY LAMBARD INC LAMBARD INC LAMBARD INC LIM & NASCIMENTO ENGINEERING CORP OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT PC MALL GOV INC PC MALL GOV INC PC MALL GOV INC PC MALL GOV INC PC MALL GOV INC PC MALL GOV INC PC MALL GOV INC ROLCOM CORPORTATION SAN BERNARDINO COUNTY SOUTHERN CALIFORNIA EDISON Amount 740.50 742.50 26,336.02 22,560.66 1,198.02 371.95 4,035.55 18,744.20 321.01 19.40 1,481.74 1,550.00 7,700.00 4,200.00 5,334.83 -10,437.83 4,165.84 22,210.86 11,393.78 7.54 144.10 30.45 3.20 332.17 6,643.43 1,328.69 45.26 859.54 78.14 19.54 1,450.00 1,200,467.06 25,000.00 Total for Check ID AP: 2,077,133.26 Total for Entity: 2,077,133.26 P2 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:07:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P3 Asenda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251494 5/9/2007 ALBERTSON, MICHAEL 21.54 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 442.50 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 431.73 AP - 00251592 5/9/2007 L4EM 45.00 AP - 00251592 5/9/2007 IAEM 65.00 AP - 00251592 5/9/2007 IAEM 65.00 AP - 00251599 5/9/2007 INLAND VALLEY DAILY BULLETIN 48.00 AP - 0025 ] 608 5/9/2007 JONES AND BARTLETT PUBLISHERS 96.47 AP - 00251612 5/9/2007 KING, MARY 23.00 AP - 00251613 5/9/2007 KME FIRE APPARATUS 820.67 AP - 00251614 5/9/2007 L S A ASSOCIATES INC 5,353.75 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 2229 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 621.72 AP - 00251651 5/9/2007 OFFICE DEPOT 39.18 AP - 00251658 5/9/2007 OWEN ELECTRIC INC 36.74 AP - 00251674 5/9/2007 RAYNE WATER CONDITIONING INC 22.95 AP - 00251689 5/9/2007 SMART AND FINAL 95.36 AP - 00251689 5/9/2007 SMART AND FINAL 127.06 AP - 00251690 5/9/2007 SO CALIF GAS COMPANY 150.12 AP - 00251690 5/9/2007 SO CALIF GAS COMPANY 355.04 AP - 00251690 5/9/2007 SO CALIF GAS COMPANY 239.96 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 604.51 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 116.30 AP - 00251727 5/9/2007 VERIZON WIRELESS - LA 498.04 AP - 00251728 5/9/2007 VERIZON WIRELESS - LA 1,633.42 AP - 00251728 5/9/2007 VERIZON WIRELESS - LA 124.47 AP - 00251728 5/9/2007 VERIZON WIRELESS - LA 631.90 AP - 00251728 5/9/2007 VERIZON WIRELESS - LA 41.49 AP - 00251728 5/9/2007 VERIZON WIRELESS - LA 218.87 AP - 00251728 5/9/2007 VERIZON WIRELESS - LA 84.29 AP - 00251729 5/9/2007 VERIZON 21.71 AP - 00251729 5/9/2007 VERIZON 33.11 AP - 00251729 5/9/2007 VERIZON 33.11 AP - 00251729 5/9/2007 VERIZON 21.71 AP - 00251746 5/9/2007 XEROX CORPORATION 140.00 AP - 00251752 5/16/2007 ADAPT CONSULTING INC 293.13 . AP - 00251754 5/16/2007 ADVANTAGE FITNESS PRODUCTS 125.00 AP - 00251758 5/16/2007 ALL CITIES TOOLS 92.67 AP - 00251759 5/16/2007 ALLSTAR FIRE EQUIPMENT INC 1,357.65 AP - 00251768 5/16/2007 APPLE ONE EMPLOYMENT SERVICES 1,366.88 AP - 00251787 5/16/2007 BRYAN, PETER 43.70 AP - 00251787 5/16/2007 BRYAN, PETER 54.45 AP - 00251789 5/16/2007 CADET UNIFORM SERVICE 259.56 AP - 00251789 5/16/2007 CADET UNIFORM SERVICE 255.76 AP - 00251789 5/16/2007 CADET UNIFORM SERVICE 171.46 AP - 00251789 5/16/2007 CADET UNIFORM SERVICE 148.57 AP - 00251789 5/16/2007 CADET UNIFORM SERVICE 176.97 AP - 00251789 5/16/2007 CADET UNIFORM SERVICE 159.66 AP - 00251789 5/16/2007 CADET UNIFORM SERVICE 261.97 AP - 00251803 5/16/2007 CHARIOT SPRING COMPANY 369.58 AP - 00251806 5/16/2007 CITRUS MOTORS ONTARIO INC 16.00 AP - 00251811 5/16/2007 CLOUGHESY, DONALD 43.75 AP - 00251821 5/16/2007 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00251824 5/16/2007 DAGUE, JAMES 95.00 User: VLOPEZ -Veronica Lopez ~ Page: 1 Current Date: 05/30/200 ReportCK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 17:46:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT pq Agenda Check Ret=_ister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251833 5/16/2007 EIGHTH AVENUE GRAPHICS 581.42 AP - 00251837 5/16/2007 EMCOR SERVICE 2,400.00 AP - 00251837 5/16/2007 EMCOR SERVICE 205.00 AP - 00251837 5/16/2007 EMCOR SERVICE .560.00 AP - 00251837 5/16/2007 EMCOR SERVICE 780.00 AP - 00251837 5/16/2007 EMCOR SERVICE 1,540.00 AP - 00251841 5/16/2007 FEDERAL EXPRESS CORP 29.63 AP - 00251853 5/16/2007 GRAVES AUTOMOTNE SUPPLY 9.93 AP - 00251853 5/16/2007 GRAVES AUTOMOTNE SUPPLY 24.73 AP - 00251853 5/16/2007 GRAVES AUTOMOTIVE SUPPLY 77.60 AP - 00251853 5/16/2007 GRAVES AUTOMOTIVE SUPPLY 73.40 AP - 00251853 5/16/2007 GRAVES AUTOMOTIVE SUPPLY 101.09 AP - 00251853 5/16/2007 GRAVES AUTOMOTIVE SUPPLY 261.04 AP - 00251853 5/16/2007 GRAVES AUTOMOTIVE SUPPLY 4.57 AP - 00251872 5/16/2007 INTERNATIONAL CODE COUNCIL 150.00 AP - 00251872 5/16/2007 INTERNATIONAL CODE COUNCIL 75.00 AP - 00251872 5/16/2007 INTERNATIONAL CODE COUNCIL 375.00 AP - 00251872 5/16/2007 INTERNATIONAL CODE COUNCIL 375.00 AP - 00251872 5/16/2007 INTERNATIONAL CODE COUNCIL 375.00 AP - 00251873 5/16/2007 INTERNATIONAL CODE COUNCIL 75.00 AP - 00251874 5/16/2007 INTERSTATE BATTERIES 99.35 AP - 00251879 5/16/2007 JACKSON HEATING AND AIR CONDITIONING 9,003.00 AP - 00251886 5/16/2007 KME FIRE APPARATUS 4.33 AP - 00251886 5/16/2007 KME FIItE APPARATUS 151.53 AP - 00251886 5/16/2007 KME FIRE APPARATUS 53.98 AP - 00251891 5/16/2007 LAWSON PRODUCTS INC 791.89 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 136.06 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 19.97 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 33.63 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 33.63 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 2,468.83 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 1,936.95 AP - 00251910 5/16/2007 N F P A 697.50 AP - 00251912 - 5/16/2007 NAPA AUTO PARTS 138.97 AP - 00251912 5/16/2007 NAPA AUTO PARTS ~ 18.92 AP - 00251915 5/16/2007 NEC UNIFIED SOLUTIONS INC 235.41 AP - 00251924 5/16/2007 OFFICE DEPOT -25.00 AP - 00251924 5/16/2007 OFFICE DEPOT 432.98 AP - 00251924 5/16/2007 OFFICE DEPOT 114.39 AP - 00251924 5/16/2007 OFFICE DEPOT -30.69 AP - 00251946 5/16/2007 QUALITY TRUCK ELECTRIC INC 415.80 AP - 00251949 5/16/2007 RAULS AUTO TRIM INC 146.94 AP - 00251949 5/16/2007 RAULS AUTO TRIM INC 250.81 AP - 00251975 5/16/2007 SO CALIF GAS COMPANY 111.20 AP - 00251975 5/16/2007 SO CALIF GAS COMPANY 244.22 AP - 00251975 5/16/2007 SO CALIF GAS COMPANY 244.21 AP - 00251976 5/16/2007 SOCAL FPO 65.00 AP - 0025 ] 993 5/] 6/2007 T AND D INSTALLATIONS 70.00 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 49.03 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 48.22 AP - 00252009 5/16/2007 VERIZON 99.40 AP - 00252009 5/16/2007 VERIZON 33.13 AP - 00252009 5/16/2007 VERIZON 20.40 AP - 00252009 5/16/2007 VERIZON 99.40 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:46:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P5 Asenda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252019 5/16/2007 WALKER, JANET 43.45 AP - 00252019 5/16/2007 WALKER, JANET 24.08 AP - 00252019 5/16/2007 WALKER, JANET 21.25 AP - 00252019 5/16/2007 WALKER, JANET 7.50 AP - 00252019 5/16/2007 WALKER,'JANET 8.00 AP -00252019 5/16/2007 WALKER, JANET 17.43 AP - 00252021 5/16/2007 WALTON, KEVIN 53.50 AP - 00252021 5/16/2007 WALTON, KEVIN 91.49 AP - 00252024 5/16/2007 WEST MARK FIRE APPARATUS 290.48 AP - 00252037 5/23/2007 25 DOLLAR ROOTER R PLUMBING CO. INC. 445.00 AP - 00252046 5/23/2007 ADAPT CONSULTING INC 217.39 AP - 00252051 5/23/2007 AIRGAS WEST 164.46 AP - 00252051 5/23/2007 AIRGAS WEST 2.40 AP - 00252051 5/23/2007 AIRGAS WEST 330.43 AP - 00252057 5/23/2007 ALTA LOMA RIDING CLUB 25.00 AP - 00252059 5/23/2007 AMERICAN SCALE CO INC 185.00 AP - 00252062 5/23/2007 APPLE ONE EMPLOYMENT SERVICES 729.00 AP - 00252062 5/23/2007 APPLE ONE EMPLOYMENT SERVICES 2,247.75 AP - 00252089 5/23/2007 CHAMPION AWARDS AND SPECIALTIES 73.27 AP - 00252089 5/23/2007 CHAMPION AWARDS AND SPECIALTIES 16.16 AP - 00252094 5/23/2007 CITRUS MOTORS ONTARIO INC 28.73 AP - 00252103 5/23/2007 COMMERCIAL DOOR COMPANY INC 436.19 AP - 00252108 5/23/2007 COPIES & INK PRINTING INC. 38.75 AP - 00252112 5/23/2007 CUCAMONGA VALLEY WATER DISTRICT 144.74 AP - 00252115. 5/23/2007 DAN GUERRA AND ASSOCIATES 45,064.43 AP - 00252125 5/23/2007 DONALDSON, KELLEY 21.61 AP - 00252129 5/23/2007 ' EDM PUBLISHERS 158.43 AP - 00252132 5/23/2007 EMCOR SERVICE 295.00 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORP 17.77 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORP 19.62 AP - 00252140 5/23/2007 FINESSE PERSONNEL ASSOCIATES 442.50 AP - 00252140 5/23/2007 FINESSE PERSONNEL ASSOCIATES 232.47 AP - 00252140 5/23/2007, FINESSE PERSONNEL ASSOCIATES 442.50 AP - 00252140 5/23/2007 FINESSE PERSONNEL ASSOCIATES 398.52 AP - 00252141 5/23/2007 FIRE MAINTENANCE COMPANY LLC 569.00 AP - 00252147 5/23/2007 G AND M BUSINESS INTERIORS 596.40 , AP - 00252152 5/23/2007 GRAVES AUTOMOTIVE.SUPPLY 59.26 AP - 00252159 5/23/2007 HOLLOWAY, JACK 450.00 AP - 00252162 5/23/2007 HOYT LUMBER CO., SM 40.04 AP - 00252162 5/23/2007 HOYT LUMBER CO, SM 6,78 AP - 00252162 5/23/2007 HOYT LUMBER CO., SM -6.78 AP - 00252162 5/23/2007 HOYT LUMBER CO., SM 28.09 AP - 00252162 5/23/2007 HOYT LUMBER CO., SM 124.89 AP - 00252162 5/23/2007 HOYT LUMBER CO., SM 12.41 AP - 00252162 5/23/2007 HOYT LUMBER CO., SM 5.81 AP - 00252162 5/23/2007 HOYT LUMBER CO., SM 3.22 AP - 00252174 5/23/2007 ISG THERMAL SYSTEMS USA INC 561.50 AP - 00252175 5/23/2007 J J KELLER AND ASSOC INC 337.98 AP - 00252186 5/23/2007 KME FIRE APPARATUS 82.45 AP - 00252186 5/23/2007 KME FIRE APPARATUS 68.59 AP - 00252186 5/23/2007 KME FIRE APPARATUS 461.08 AP - 00252192 5/23/2007 LAB SAFETY SUPPLY INC 75.08 AP - 00252196 5/23/2007 LARKIN, DAVID W 95.00 AP - 00252196 5/23/2007 LARKIN, DAVID W 91.67 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 05/30/200 Report: CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pornait Layout Time: 17:46:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252197 5/23/2007 LAWSON PRODUCTS INC 505.07 AP - 00252200 5/23/2007 LIFE ASSIST INC 1,735.65 AP - 00252200 5/23/2007 LIFE ASSIST INC 3,319.73 AP - 00252200 5/23/2007 LIFE ASSIST INC 1,389.96 AP - 00252203 5/23/2007 LN CURTIS AND SONS 49.50 AP - 00252212 5/23/2007 MASIMO AMERICAS INC 4,310.00 AP - 00252216 5/23/2007 MOBILE SATELLITE VENTURES LP 145.84 AP - 00252217 5/23/2007 MODELTECH INTERNATIONAL INC . 95.00 AP - 00252222 5/23/2007 NAPA AUTO PARTS 5.68 AP - 00252232 5/23/2007 OFFICE DEPOT 331.44 AP - 00252232 5/23/2007 OFFICE DEPOT 193.52 AP - 00252232 5/23/2007 OFFICE DEPOT 20.03 AP - 00252232 5/23/2007 OFFICE DEPOT 38.83 AP - 00252232 5/23/2007 OFFICE DEPOT 235.43 AP - 00252232 5/23/2007 OFFICE DEPOT 15.27 AP - 00252232 5/23/2007 OFFICE DEPOT 33.19 AP - 00252232 5/23/2007 OFFICE DEPOT 33.19 AP - 00252232 5/23/2007 OFFICE DEPOT 83.3] AP - 00252232 5[23/2007 OFFICE DEPOT 30.69 AP - 00252235 5/23/2007 PACIFIC BIOMEDICAL EQUIPMENT INC 21,854.54 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 10,377.14 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 5,446.28 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 19,802.47 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 29,688.24 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 18,436.60 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 30,762.03 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 34,285.79 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 29,592.02 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 30,138.37 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 1,561.72 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 18,251.05 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 2,583.98 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 1,090.98 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 11,885.60 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 4,020.28 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 14,100.19 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 32,478.38 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 30,250.04 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 5,509.85 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 6877 AP - 00252253 5/23/2007 PUBLIC AGENCY SELF INSURANCE SYSTEM 29,939.02 AP - 00252262 5/23/2007 RED WING SHOE STORE 233.79 AP - 00252273 5/23/2007 SAN BERNARDINO COUNTY 53.51 AP - 00252285 5/23/2007 SO CALIF GAS COMPANY .130.02 AP - 00252286 5/23/2007 SOLTZ, STEVE 300.00 AP - 00252287 5/23/2007 SORENSEN, SCOTT D 225.00 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 413.74 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 1,334.48 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 831.30 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 1,327.15 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 1,295.39 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 1,295.40 AP - 00252304 5/23/2007 STATE FIRE TRAINING 80.00 AP - 00252314 5/23/2007 TEILMINIX PROCESSING CENTER 48.75 P6 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 17:46:4 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name AP - 00252314 5/23/2007 TERMINIX PROCESSING CENTER AP - 00252314 5/23/2007 TERMINIX PROCESSING CENTER AP - 00252314 5/23/2007 TERMINIX PROCESSING CENTER AP - 00252314 5/23/2007 TERMINIX PROCESSING CENTER AP - 00252325 5/23/2007 UNIFIRST UNIFORM SERVICE AP - 00252325 5/23/2007 UNIFIRST UNIFORM SERVICE AP - 00252335 5/23/2007 VERIZON AP - 00252335 5/23/2007 VERIZON AP - 00252335 5/23/2007 VERIZON AP - 00252335 5/23/2007 VERIZON AP - 00252335 5/23/2007 VERIZON AP - 00252335 5/23/2007 VERIZON AP - 00252335 5/23/2007 VERIZON AP - 00252335 5/23/2007 _ VERIZON AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY Amount 73.00 65.00 63.00 75.00 48.22 48.22 34.22 33.07 534.09 532.17 170.72 534.09 149.82 39.29 124.84 75.10 99.48 225.30 175.56 150.23 124.84 Total for Check ID AP: 506,995.00 Total for Entity: 506,995.00 P7 User: VLOPEZ -Veronica Lopez Page: 5 Current Date: 05/30/200 Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 17:46:4 P8 '° .~ ::, ' :,= -~~' J ~, ~. R A N C H O C U C A M O N G A ~.. FIRE PROTECTION D I S T R I C T Staff Report DATE: June 6, 2007 TO: President and Members of the Board of Directors Jack Lam, AICP, City Manager FROM: Peter M. Bryan, Fire Chief SUBJECT: APPROVAL TO RESCIND CONDITIONAL WITHDRAWAL LETTER DATED OCTOBER 10, 2006, FROM THE PUBLIC AGENCY SELF INSURANCE SYSTEM (PASTS) WORKERS COMPENSATION JOINT POWERS AUTHORITY (JPA) SO THAT THE DISTRICT MAY CONTINUE UTILIZING PASTS FOR ITS WORKERS COMPENSATION INSURANCE COVERAGE RECOMMENDATION It is recommended that the Board of Directors approve the request to rescind the Conditional Withdrawal Letter dated October 10, 2006, from the Public Agency Self Insurance System (PASTS) Workers' Compensation Joint Powers Authority (JPA) so that the District may continue utilizing PASTS for its workers' compensation insurance coverage for the upcoming fiscal year. BACKGROUND After Board approval on June 21, 2006, staff contracted with ARM Tech to research possible workers' compensation programs available to the District and determine potentially viable options that would save the District money. Two primary JPA's were identified as the most likely options: Special Districts Risk Management Association (SDRMA) and California State Association of Cdunties Excess Insurance Authority (CSAC-ETA). With the Fire Board's approval on October 4, 2006, the District then submitted applications and a request for quote to both JPA's. Detailed proposals were received from both JPA's, as well as the annual renewal cost from PASTS and a careful analysis of all three proposals was performed. Upon completion of a detailed analysis, it was determined that, at this time, remaining with PASTS is the most fiscally prudent option for the District. The following is the detailed breakdown of each proposal: PASTS requires a three year commitment, which the District has already met. SCRMA is currently the District's TPA and the District has 100% input on claims administration. Participation in PASTS also includes use of the Medical Provider Network (MPN) that was customized by the JPA participants. WeIlComp, the District's current MPN through PASTS, is an effective and cost efficient tool that maximizes employer savings while providing employees with quality, accessible workers' compensation medical care. The District represents the largest participant in PASTS, which enables the District to have greater input in the policy and direction of the JPA. PASTS does not, however, offer safety training. Additionally, estimated claims must be prepaid at the beginning of the policy period. The total estimated annual cost of the PASTS P9 workers' compensation program is $798,973, which is nearly $100,000 or more less than the two competing proposals. Additionally, unlike previous years, the District will not be required to fund any negative equity adjustment this year, thus ensuring that the costs outlined above are the total program costs. SDRMA requires a three year commitment. Their proposal included the use of a Third Party Administrator (TPA) other than Southern California Risk Management Associates (SCRMA), which is the District's current TPA. In order to stay with SCRMA as our TPA, additional costs would be incurred. The District would be required to participate in a MPN, based on SDRMA guidelines, which would be less effective than the customized MPN already established through PASIS. A change in the MPN would result in significant time and effort to notify all employees as to the change. The District would also be a much smaller participant in the JPA, with board members elected at-large. Items that SDRMA offers over and above what PASTS currently provides include a safety training program, a claims audit, and no prepayment of estimated claims. The total estimated annual cost of the SDRMA workers' compensation program is $896,715, approximately $98,000 more than PASTS CSAC only requires a one year commitment. The use of a Broker, however, is required to procure excess insurance resulting in an additional cost. The District would be required to participate in a Medical Provider Network (MPN) designed by CSAC, similar to the SDRMA proposal, and likely not as effective as the customized MPN already established through PASTS. A change in the MPN would result in signifcant time and effort to notify all employees as to the change. Only a limited safety program is provided. CSAC's quote did not include a claims audit, which is required every three years, at additional cost. Additionally, the District would be a much smaller participant in the JPA, with Board Members elected at-large. The District could, however, continue to use SCRMA as their TPA and have 100% input on claims administration. Also, no prepayment of estimated claims is required. The total estimated annual cost of the CSAC workers' compensation program is $913,256, approximately $115,000 more than PASTS. Attached is a spreadsheet which outlines all three JPA's proposals and costs. Upon completion of a complete analysis and exercising due diligence, the most fiscally prudent decision is to remain with PASTS, the current workers compensation insurance coverage provider. PASTS costs significantly less than the competing proposals, and only through the PASTS can the District continue using both the current customized MPN and third party TPA, which are both critical in the District's 5 year plan to reduce workers compensation costs. Re pectfully submitted, eter . Bry n Fire Chief z- C:\WINDOWS\Temporary Internet Files\OLKI UAB\PASIS Rescind Withdrawal Request (2).doc N O 0 a` a~ U C N v ~ ~.`- c Vl - n c o o U v '~n ~~. O Y a` o m ~ LL O ~y C ~ O C y O ~p ao 0 u o °. ~ U o U ~, ~ O ~p EA v E o c E ~ ~ ~ ~ In O M ~ r " m ~ N m s- p O M W F m ~ m ~'' O O r .; ~ ~ ~ . N ~ ~ O e' ~ > O : a o "' ~_.?. 0 0 p O O U c o 0 .. ~ ~. ` .U ~ ~ .i i ~~ `' o T 0 O 0 O ". O .~? O O d y O m ~ip, E¢ a" : w ; 1' E T ~ ~ O O O O i, n; ~ m ~ ~ a ~ ~ ~ ~ 0 ` Y N ~ t+1 o ~ r m ?E: ~ 0 0 m; m ~ ~ o_ '.o. E y ri ri a ~ o; N; O! p~ C O 0 U N y m ~ 0 c o u~ 4 ~ w :_ U i- i J t;t ~~ O O r N N N lfJ y C N N O~ i.. E O V V O ~ E n ~ ri - U ~ 'r vni v w 0 0 >:~ r E - a'~ ~ ~ U ~. F 0 0 0 0 ¢ o co s` d M F of th ~ ~ m ~ ~ E ~ ~ "' ~ .- N d -oo ¢ o ~ Q ~ d ~ U a (0 N a a~ L_ ~' N N d o• a P10 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/9/2007 through5/29/2007 P11 Check No. Check Dale Vendor Name ~ Amount AP - 00251485 5/9/2007 A&V SOFTBALL 3,358.00 AP - 00251486 5/9/2007 AA EQUIPMENT RENTALS CO INC 21.74 AP - 00251486 5/9/2007 AA EQUIPMENT RENTALS CO INC 384.45 AP - 00251486 5/9/2007 AA EQUIPMENT RENTALS CO INC 35.28 AP - 00251487 5/9/2007 ABC LOCKSMITHS 181.88 AP - 00251488 5/9/2007 ABLAC 16.39 AP - 00251489 5/9/2007 ACEVEDO, MAURICIO & LUPE ]00.00 AP - 00251490 5/9/2007 ADAMS, DEBRA 77.61 AP - 00251490 5/9/2007 ADAMS, DEBRA ~ 1,011.42 AP - 00251491 5/9/2007 ADOBE ANIMAL HOSPITAL 1,916.50 AP - 00251492 5/9/2007 AGILINE INC. 4,720.00 AP - 00251492 5/9/2007 AGILINE INC. 400.00 AP - 00251492 5/9/2007 AGILINE INC. 200.00 AP - 00251492 5/9/2007 AGILINE INC. 720.00 AP - 00251493 5/9/2007 AIRGAS WEST 34.78 AP - 00251494 5/9/2007 ALBERTSON, MICHAEL 119.99 AP - 00251494 5/9/2007 ALBERTSON, MICHAEL 29.99 AP - 00251495 5/9/2007 ALL CITIES TOOLS 31.25 AP - 00251495 5/9/2007 ALL CITIES TOOLS 59.26 AP - 00251496 5/9/2007 ALL CITY MANAGEMENT SERVICES INC. 15,591.34 AP - 00251497 5/9/2007 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00251497 5/9/2007 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00251497 5/9/2007 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00251497 5/9/2007 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00251497 5/9/2007 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00251497 5/9/2007 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00251497 5/9/2007 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00251497 5/9/2007 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00251498 5/9/2007 AMERICAN BODY ARMOR & EQUIPMENT INC. 100.00 AP - 00251499 5/9/2007 AMERICAN BUILDING MAINTENANCE CO 97.19 AP - 00251499 5/9/2007 AMERICAN BUILDING MAINTENANCE CO 126.26 AP - 00251499 5/9/2007 AMERICAN BUILDING MAINTENANCE CO 159.23 AP - 00251499 5/9/2007 AMERICAN BUILDING MAINTENANCE CO 1,186.47 AP - 00251499 5/9/2007 AMERICAN BUILDING MAINTENANCE CO 402.32 AP - 00251499 5/9/2007 AMERICAN BUILDING MAINTENANCE CO 146.66 AP - 00251499 5/9/2007 AMERICAN BUILDING MAINTENANCE CO 19.44 AP - 00251499 5/9/2007 AMERICAN BUILDING MAINTENANCE CO 97.19 AP - 00251500 5/9/2007 AMERICAN ROTARY BROOM CO. INC. 387.61 AP - 00251501 5/9/2007 AMTECH ELEVATOR SERVICES 191.99 AP - 00251502 5/9/2007 ANDERSON, LYNN 500.00 AP - 00251503 5/9/2007 ARAMARK UNIFORM SERVICES 6.70 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 AP = 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 AP - 00251504- 5/9/2007 ARCHIBALD PET HOSPITAL 25.00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL ~ 50.00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 25.00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 25:00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 nP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 05/30/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA p~ p Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amoun[ AP - 00251504 5/9/2007 ARCHIBALD PET HOSPITAL 50.00 AP - 00251505 5/9/2007 AROSTEGUI, CAROLE 55.00 AP - 00251506 5/9/2007 AYALA, LINDA 182.00 AP - 00251507 5/9/2007 BARKSHIRE LASER LEVELING INC. 1,300.00 AP - 00251508 5/9/2007 BARRAMEDA, GINA 500.00 AP - 00251509 5/9/2007 BBR SURVEYING INSTRUMENTS CO INC 62.00 AP - 00251510 5/9/2007 BERNELL HYDRAULICS INC 599.89 AP - 00251510 5/9/2007 BERNELL HYDRAULICS INC 37.00 AP - 00251510 5/9/2007 BERNELL HYDRAULICS INC 204.60 AP - 00251511 5/9/2007 BOHRER DVM, SUSAN 7.232.50 AP - 00251512 5/9/2007 BOLTON, HEATHER 61.60 AP - 00251514 5/9/2007 BURR CYCLES INC, JOHN 830.51 AP - 00251515 5/9/2007 BUTSKO UTILITY DESIGN INC. 4,344.40 AP - 00251515 5/9/2007 BUTSKO UTILITY DESIGN INC. 3,660.00 AP - 00251515 5/9/2007 BUTSKO UTILITY DESIGN INC. 37,808.79 AP - 00251516 5/9/2007 CABLECOM 1,000.00 AP - 00251517 5/9/2007 CACEO 75.00 AP - 00251517 5/9/2007 CACEO 75.00 AP - 00251517 5/9/2007 CACEO 75.00 AP - 00251518 5/9/2007 CAL-STATE RENT A FENCE INC 66.75 AP - 00251519 5/9/2007 CALIFORNIA BOARD OF EQUALIZATION, STAT 5,208.00 AP - 00251520 5/9/2007 CALIFORNIA, STATE OF 551.25 AP - 00251521 5/9/2007 CALSENSE 1,665.52 AP - 00251521 5/9/2007 CALSENSE 834.84 AP - 00251522 5/9/2007 CAMERON WELDING SUPPLY 203.63 AP - 00251523 5/9/2007 CARTER, BEVERLY-NORVILLE 250.00 AP - 00251524 5/9/2007 CENTRAL CITIES SIGNS INC 120.68 AP - 00251524 5/9/2007 CENTRAL CITIES SIGNS INC 106.42 AP - 00251524 5/9/2007 CENTRAL CITIES SIGNS INC 364.45 ' AP - 00251524 5/9/2007 CENTRAL CITIES SIGNS INC 106.42 AP - 00251526 5/9/2007 CHOWDRY, SHAWN 242.50 AP - 00251526 5/9/2007 CHOWDRY, SHAWN 10.38 AP - 00251526 5/9/2007 CHOWDRY, SHAWN 51.87 AP - 00251527 5/9/2007 CITY RENTALS 86.00 AP - 00251528 5/9/2007 CLABBY, SANDRA 1,000.00 AP - 00251 S29 5/9/2007 COMET ENGINEERING INC. 279.90 AP - 00251530 5/9/2007 COPIES & INK PRINTING INC. 301.22 AP - 00251530 5/9/2007 COPIES & INK PRINTING INC. 38.75 AP - 00251530 5/9/2007 COPIES & INK PRINTING INC. 18.32 AP - 00251 S30 5/9/2007 COPIES & INK PRINTING INC. 57.60 AP - 00251531 5/9/2007 COPP CRUSHING CORP, DAN 57.00 AP - 00251531 5/9/2007 COPP CRUSHING CORP, DAN 114.00 AP - 00251531 5/9/2007 COPP CRUSHING CORD, DAN 52.00 AP - 00251532 5/9/2007 COUNTRY SUPPLY 341.71 AP - 00251533 5/9/2007 CPRS DISTRICT XI 600.00 AP - 00251534 5/9/2007 CPRS DISTRICT XI 160.00 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 109.46 AP - 00251536 S/9/2007 CUCAMONGA VALLEY WATER DISTRICT 311.]2 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 2,093.82 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 2,379.01 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 70.46 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 111.80 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 227.90 AP - 0025 ] 536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 507.68 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 05/30/200 Report:CK_AGENDA_R EG PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P13 Agenda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 42.86 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 135.28 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 202.76 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 60.14 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 122.06 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 91.64 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 168.68 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 84.08 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 66.80 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 356.24 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 458.$4 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 82.12 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 152.36 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 823.88 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 150.86 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 18.40 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 234.02 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 2,139.53 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 140.32 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 36.80 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 120.62 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 219.60 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 248.12 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 468.81 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 2,298.38 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 470.66 . AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 60.14 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 51.95 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 566.48 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 283.21 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 689.06 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 602.77 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 720.56 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 1,705.94 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 556.82 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 1,428.07 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 315.92 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 53.84 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 133.22 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 167.48 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 128.42 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT ~ 48.80 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 148.52 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 1,350.70 AP - 00251536 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 2,587.27 AP - 00251537 5/9/2007 CUCAMONGA VALLEY WATER DISTRICT 1,040.00 AP - 00251538 5/9/2007 CUTTING EDGE VIDEO CONCEPTS 600.00 AP - 00251539 5/9/2007 D AND K CONCRETE COMPANY 1,099.05 AP - 00251539 5/9/2007 D AND K CONCRETE COMPANY 614.18 AP - 00251540 5/9/2007 DAPPER TIRE CO 145.34 AP - 00251540 5/9/2007 DAPPER TIRE CO 117.17 AP - 00251541 5/9/2007 DATA QUICK 129.50 AP - 00251542 5/9/2007 DE JESUS, ANA 6.50 AP - 00251543 5/9/2007 DEPARTMENT OF JUSTICE 768.00 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251543 5/9/2007 DEPARTMENT OF IUSTICE 3,164.00 AP - 00251544 5/9/2007 DGO AUTO,DETAILING 150.00 AP - 00251545 5/9/2007 DIBS SAFE AND LOCK SERVICE 69.04 AP - 00251546 5/9/2007 DOMINION ENTERPIRSES 1,000.00 AP - 00251547 5/9/2007 DUNN EDWARDS CORPORATION 280.03 AP - 00251548 5/9/2007 EBSCO 7,885.09 AP - 00251548 5/9/2007 EBSCO 12,304.06 AP - 00251549 5/9/2007 EDIOR, ANTHONY 144.00 AP - 00251550 5/9/2007 EIGHTH AVENUE GRAPHICS 114.22 AP - 00251551 5/9/2007 EMCOR SERVICE 7,952.00 AP - 00251552 5/9/2007 ENVIRONMENTAL RECOVERY SERVICES INC. 638.60 AP - 00251553 5/9/2007 EWING IRRIGATION PRODUCTS -0.59 AP - 00251553 5/9/2007 EWING IRRIGATION PRODUCTS 604.71 AP - 00251553 5/9/2007 EWING IRRIGATION PRODUCTS 149.13 AP - 00251553 5/9/2007 EWING IRRIGATION PRODUCTS 273.89 AP - 00251554 5/9/2007 EXPRESS BRAKE SUPPLY -151.20 AP - 00251554 5/9/2007 EXPRESS BRAKE SUPPLY 172.28 AP - 00251554 5/9/2007 EXPRESS BRAKE SUPPLY 46.17 AP - 00251555 5/9/2007 EXTREME ANIMAL NUTRITION 302.99 AP - 00251556 5/9/2007 FANTASTIC SAM'S 150.00 AP - 00251557 5/9/2007 FASTENAL COMPANY 17.83 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 640.00 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 639.00 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 930.00 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 512.00 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 640.00 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 640.00 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 640.00 AP - 00251558 5/9/2007 FINESSE PERSONNEL ASSOCIATES 48.00 AP - 00251559 5/9/2007 FISHER SCIENTIFIC 137.94 AP - 00251560 5/9/2007 FLEET STAR INC. 680.13 AP - 00251561 5/9/2007 FORD OF UPLAND INC 27.30 AP - 00251561 5/9/2007 FORD OF UPLAND INC 153.29 AP - 00251561 5/9/2007 FORD OF UPLAND INC 496.66 AP - 00251561 5/9/2007 FORD OF UPLAND INC 77.56 AP - 00251562 5/9/2007 FRONT BRIDGE TECHNOLOGIES INC 850.00 AP - 00251563 5/9/2007 FUKUSHIMA, JUDITH 3,019.50 AP - 00251564 5/9/2007 G AND M BUSINESS INTERIORS 1,020.50 AP - 00251565 5/9/2007 GANDARA, OMAR 500.00 AP - 00251566 5/9/2007 GAPPCO LLC 15,000.00 AP - 00251567 5/9/2007 GEO LANDSCAPE CONSTRUCTION 250.00 AP - 00251568 5/9/2007 GEOGRAPHICS 237.05 AP - 00251569 5/9/2007 GLOBAL PRESENTER 11,243.22 AP - 00251569 5/9/2007 GLOBAL PRESENTER 524.00 AP - 00251570 5/9/2007 GOLDEN STATE FIRE PROTECTION 753.50 AP - 00251571 5/9/2007 GOLF VENTURES WEST 19.76 AP - 00251571 5/9/2007 GOLF VENTURES WEST 64.61 AP - 00251572 5/9/2007 GRAINGER 567.18 AP - 00251572 5/9/2007 GRAINGER 146.07 AP - 00251572 5/9/2007 GRAINGER 146.51 AP - 00251572 5/9/2007 GRAINGER 146.07 AP - 00251572 5/9/2007 GRAINGER 140.19 AP - 00251572 5/9/2007 GRAINGER 24.83 AP - 00251572 5/9/2007 GRAINGER 26.51 P14 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Poarait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251573 5/9/2007 GREEN ROCK POWER EQUIPMENT 465.47 AP - 0025 ] 574 5/9/2007 GROSS, DANETTE ~ 82.50 AP - 00251575 5/9/2007 GSC RANCHO I LLC 18,787.00 AP - 00251576 5/9/2007 GUTIERREZ, REX 330.77 AP - 00251577 5/9/2007 GUYON, JULIE 64.00 AP - 00251578 5/9/2007 HALL, JACQUELINE 250.00 AP - 00251579 5/9/2007 HALO BASEBALL CLUB 3,470.00 AP - 00251579 5/9/2007 HALO BASEBALL CLUB 2,500.00 AP - 00251580 5/9/2007 HANSON, BARRYE 3,420.00 AP - 00251581 5/9/2007 HARRIS, MATTIE 250.00 AP - 00251582 5/9/2007 HAZ-MAT RESPONSE TECHNOLOGIES INC 475.08 AP - 00251583 5/9/2007 HCS CUTLER STEEL CO 1,098.99 AP - 00251583 5/9/2007 HCS CUTLER STEEL CO -218.64 AP - 00251584 5/9/2007 HEATH & ASSOCIATES, RICHARD 1,250.00 AP - 00251585 5/9/2007 HILLS PET NUTRITION SALES INC 346.02 AP - 00251586 5/9/2007 HOME DEPOT CREDIT SERVICES 429.92 AP - 00251586 5/9/2007 HOME DEPOT CREDIT SERVICES 36.29 AP - 00251586 5/9/2007 HOME DEPOT CREDIT SERVICES 84.62 AP - 00251587 5/9/2007 HOSE MAN INC 95.13 AP - 00251587 5/9/2007 HOSE MAN INC 532.17 AP - 00251587 5/9/2007 HOSE MAN INC 35.16 AP - 00251587 5/9/2007 HOSE MAN INC 130.82 AP - 00251588 5/9/2007 HSBC BUSINESS SOLUTIONS 813.28 AP - 0025 ] 589 5/9/2007 HYDROSCAPE PRODUCTS INC 161.46 AP - 00251589 5/9/2007 HYDROSCAPE PRODUCTS INC 119.09 AP - 00251589 5/9/2007 HYDROSCAPE PRODUCTS INC 591.76 AP - 00251589 5/9/2007 HYDROSCAPE PRODUCTS INC 12.24 AP - 00251589 5/9/2007 HYDROSCAPE PRODUCTS INC 13.18 AP - 00251590 5/9/2007 HYUN, SUK 50.00 AP - 00251591 5/9/2007 IACOVELLI, JOHN 139.89 AP - 00251593 5/9/2007 ICMA 1,269.00 AP - 00251594 5/9/2007 IMPERIAL SPRINKLER SUPPLY INC 12.68 AP - 00251594 5/9/2007 IMPERIAL SPRINKLER SUPPLY INC 617.66 AP - 00251595 5/9/2007 INDUSTRIAL SUPPLY COMPANY 575.88 AP - 00251596 5/9/2007 INGERSOLL RAND 213.79 AP - 00251598 5/9/2007 INLAND FAIR HOUSING AND MEDIATION 1,518.25 AP - 00251598 5/9/2007 INLAND FAIR HOUSING AND MEDIATION 594.98 AP - 00251600 5/9/2007 INTERNATIONAL FOOTPRINT ASSOCIATION 20.00 AP - 00251601 5/9/2007 INTERSTATE BATTERIES 225.04 AP - 00251602 5/9/2007 INTRAVAIA ROCK AND SAND INC 245.77 AP - 00251602 5/9/2007 INTRAVAIA ROCK AND SAND INC 421.70 AP - 00251603 5/9/2007 J D C INC 4,998.50 AP - 00251603 5/9/2007 I D C INC 280,567.20 AP - 00251604 5/9/2007 JACKSON, FLASSIE 100.00 AP - 00251605 5/9/2007 JACOBY, ERIC 500.00 AP - 00251606 5/9/2007 JARRELL, JACINTH 250.00 AP - 00251607 5/9/2007 JOHNSON, GREG 100.00 AP - 00251607 5/9/2007 JOHNSON, GREG 15.00 AP - 00251609 5/9/2007 JONES, RAQUEL 66.00 AP - 00251610 5/9/2007 JONES, ROBERT 2,800.00 AP - 00251611 5/9/2007 KC PRINTING & GRAPHICS INC - 2,334.06 AP - 00251615 5/9/2007 LAIRD CONSTRUCTION CO 345.00 AP - 00251616 ~ 5/9/2007 LAWSON PRODUCTS INC 75.13 AP - 00251617 5/9/2007 LCI SERVICES 155.00 P15 User: VLOPEZ -Veronica Lopez Page: 5 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:]0:2 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/9/2007 through 5/29/2007 Check No. CheckDa[e Vendor_Name Amount AP - 00251617 5/9/2007 LCI SERVICES 155.00 AP - 00251618 5/9/2007 LITTLE BEAR PRODUCTIONS 500.00 AP - 00251619 5/9/2007 LOPEZ, JILL 74.00 AP - 00251619 5/9/2007 LOPEZ, JILL 46.00 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 90.77 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 41.79 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 8.58 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 39.21 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 146.63 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 157.05 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 4.27 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 125.98 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 6.94 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 15.05 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 13.96 AP - 00251621 5/9/2007 LOWES COMPANIES INC. -16.29 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 43.64 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 44.05 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 2877 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 145.25 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 137.73 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 65.54 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 25.46 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 159.20 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 32.67 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 261.00 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 27.82 AP - 00251621 5/9/2007 LOWES COMPANIES INC. 16.00 AP - 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00251651 5/9/2007 OFFICE DEPOT 10.71 AP - 00251651 5/9/2007 OFFICE DEPOT 9.59 AP - 00251651 5/9/2007 OFFICE DEPOT 21.01 AP - 00251651 5/9/2007 OFFICE DEPOT 850.29 AP - 00251651 5/9/2007 OFFICE DEPOT 253.22 AP - 00251651 5/9/2007 OFFICE DEPOT -35.56 AP - 00251651 5/9/2007 OFFICE DEPOT -11.26 AP - 00251651 5/9/2007 OFFICE DEPOT 5.38 AP - 00251651 5/9/2007 OFFICE DEPOT 146.34 AP - 00251651 5/9/2007 OFFICE DEPOT 40.50 AP - 00251651 5/9/2007 OFFICE DEPOT 5.86 AP - 00251651 5/9/2007 OFFICE DEPOT 168.04 AP - 00251651 5/9/2007 OFFICE DEPOT 59.92 AP - 00251651 5/9/2007 OFFICE DEPOT -7.98 AP - 00251651 5/9/2007 OFFICE DEPOT 37.70 AP - 00251651 5/9/2007 OFFICE DEPOT 11.46 AP - 00251651 5/9/2007 OFFICE DEPOT 88.89 AP - 00251651 5/9/2007 OFFICE DEPOT 3.81 AP - 00251651 5/9/2007 OFFICE DEPOT 69.75 AP - 00251651 5/9/2007 OFFICE DEPOT 84.78 AP - 00251651 5/9/2007 OFFICE DEPOT 41.55 AP - 00251652 5/9/2007 OFFICE MAX CONTRACT INC 418.28 AP - 00251653 5/9/2007 OLLA, BALMORE OMAR 125.00 AP - 00251654 5/9/2007 ONESOURCE DISTRIBUTORS INC. 40.95 AP - 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00251691 .5/9/2007 SOCAL CAPCA 35.00 AP - 00251691 5/9/2007 SOCAL CAPCA 35.00 AP - 00251692 5/9/2007 SOLIS, LORRAINE 72.00 AP - 00251693 5/9/2007 SOUNDZSKILZ ENTERTAINMENT INC 300.00 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.49 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 38.07 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.98 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 19.16 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.48 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 3,583.06 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 172.92 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.49 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 1434 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 19.00 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 3,974.65 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 8.48 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 12338 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 32.18 AP - 0025 ] 697 5/9/2007 SOUTHERN CALIFORNIA EDISON 11937 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 190.54 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 152.09 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 51.41 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 30.51 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 44.56 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 465.83 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.17 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 63. ] 5 User: VLOPEZ -Veronica Lopez Page: 9 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P20 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.27 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 117.80 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 31.90 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.11 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 52.93 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 90.08 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 12,152.19 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 23.22 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 17.15 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 37.20 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 1,060.15 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 24,650.55 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 16.38 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 7,157.89 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 73.04 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 92.61 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 39.12 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 16.09 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 87.79 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 92.99 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.11 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 139.97 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.79 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.92 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 44.74 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 28.35 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 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CK: Agenda Check Register Pomait Layout Time: ]4:10:2 CITY OF RANCHO CUCAMONGA P21 Agenda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.96 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 388.58 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 9.65 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 116.50 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 112.64 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 27.05 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 53.43 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 21.01 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 3,492.85 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 165.12 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 20,703.49 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 97.87 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 92.93 AP - 00251697 3/9/2007 SOUTHERN CALIFORNIA EDISON 70.57 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 50.49 AP - 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AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 58.69 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 23.63 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 84.67 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 509.97 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00251697 5/9/2007 SOUTHERN CALIFORNIA EDISON 15.11 AP - 00251698 5/9/2007 SOUTHLAND SPORTS OFFICIALS 1,008.00 AP - 00251699 5/9/2007 SOUTHWEST MOBILE STORAGE INC 382.00 AP - 00251699 5/9/2007 SOUTHWEST MOBILE STORAGE INC 175.60 AP - 00251700 5/9/2007 SPAGNOLO, SAM 100.30 AP - 00251701 5/9/2007 SPECTRA COMPANY 1,760.00 AP - 00251702 5/9/2007 STEINY AND COMPANY INC 138,825.00 AP - 00251702 5/9/2007 STEINY AND COMPANY INC 98,920.35 AP - 00251702 5/9/2007 STEINY AND COMPANY INC 101,722.50 AP - 00251702 5/9/2007 STEINY AND COMPANY INC 60,863.70 AP - 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00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 524.06 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 343.88 AP - 00251821 5/16/2007 CUCAMONGA VALLEY WATER DISTRICT 544.22 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 613.52 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 194.96 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 1,426.16 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 774.74 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 1,156.52 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 25.22 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 1,596.32 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 20.18 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 426.98 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 709.22 AP - 00251821 5/16/2007 CUCAMONGA VALLEY WATER DISTRICT 347.60 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 492.50 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 242.14 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 481.16 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 324.92 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 608.42 AP - 00251821 8/16/2007 CUCAMONGA VALLEY WATER DISTRICT 90.62 AP - 00251822 8/16/2007 CUE, DONALD 195.00 AP - 00251823 8/16/2007 D AND K CONCRETE COMPANY 571.08 AP - 00251826 5/16/2007 DAMS, AZIZA 20.37 AP - 00251827 8/16/2007 DEER CREEK CAR CARE CENTER 1,875.00 AP - 00251829 8/16/2007 DMJM HARRIS 5,963.58 AP - 00251830 8/16/2007 DUNN EDWARDS CORPORATION 202.05 AP - 00251830 8/16/2007 DUNN EDWARDS CORPORATION ~ 128.41 AP - 00251831 5/ 16/2007 EDFUND 65.08 AP - 00251832 8/16/2007 EDIOR, ANTHONY 168.00 AP - 00251834 5/16/2007 EIP ASSOCIATES 652.50 AP - 00251834 8/16/2007 EIP ASSOCIATES 3,325.00 AP - 00251835 8/16/2007 EKELUND, PAULA 95.00 AP - 00251836 8/16/2007 ELLIOT, WALTER 513.32 AP - 00251837 8/16/2007 EMCOR SERVICE 17,072.00 AP - 00251838 8/16/2007 ESGIL CORPORATION 12,131.00 AP - 00251838 8/16/2007 ESGIL CORPORATION 70,840.00 AP - 00251839 8/16/2007 EWPIG IRRIGATION PRODUCTS 31.54 AP - 00251840 8/16/2007 EXPERL4N 50.00 User: VLOPEZ -Veronica Lopez Page: 17 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251841 5/16/2007 FEDERAL EXPRESS CORP 23.89 AP - 00251841 5/16/2007 FEDERAL EXPRESS CORP 19.49 AP - 00251841 5/16/2007 FEDERAL EXPRESS CORP 16.28 AP - 00251841 5/16/2007 FEDERAL EXPRESS CORP 15.36 AP - 00251841 5/16/2007 FEDERAL EXPRESS CORP 15.36 AP - 00251841 5/16/2007 FEDERAL EXPRESS CORP 17.16 AP - 00251842 5/16/2007 FILARSKY AND WATT 4,370.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 2,136.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 675.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 3,276.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 657.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 930.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 2,636.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 495.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 640.00 AP - 00251843 5/16/2007 FINESSE PERSONNEL ASSOCIATES 405.00 AP - 00251844 5/16/2007 FORD OF UPLAND INC -27.30 AP - 00251844 5/16/2007 FORD OF UPLAND INC 79.45 AP - 00251844 5/16/2007 FORD OF UPLAND INC 86.16 AP - 00251844 5/16/2007 FORD OF UPLAND INC -79.45 AP - 00251845 5/16/2007 FOX GROUP INC, WILLIAM 15,000.00 AP - 00251847 5/16/2007 G-APEX LLC 3,200.00 AP - 00251848 5/16/2007 GALLS INC 25.73 AP - 00251849 5/16/2007 GEOGRAPHICS 2,524.06 AP - 00251850 5/16/2007 GIBBYS FENCING MATERIALS 850.00 AP - 00251851 5/16/2007 GLOBAL LOAN SERVICING 40.00 AP - 00251852 5/16/2007 GRAINGER 428.68 AP - 00251852 5/16/2007 GRAINGER -259.70 AP - 00251852 5/16/2007 GRAINGER 52.37 AP - 00251852 5/16/2007 GRAINGER 317.26 AP - 00251852 5/16/2007 GRAINGER 95.03 AP - 00251852 5/16/2007 GRAINGER 161.63 AP - 00251852 5/16/2007 GRAINGER 196.54 AP - 00251852 5/16/2007 GRAINGER 5.83 AP - 00251852 5/16/2007 GRAINGER 313.77 AP - 00251852 5/16/2007 GRAINGER 45.00 AP - 00251852 5/16/2007 GRAINGER 389.43 AP - 00251852 5/16/2007 GRAINGER 389.43 AP - 00251852 5/16/2007 GRAINGER 3,457.28 AP - 00251852 5/16/2007 GRAINGER 153.44 AP - 00251852 5/16/2007 GRAINGER 248.96 AP - 00251852 5/16/2007 GRAINGER 151.31 AP - 00251852 5/16/2007 GRAINGER 4,344.48 AP - 00251852 5/16/2007 GRAINGER 723.60 AP - 00251852 5/16/2007 GRAINGER 1,319.31 AP - 00251854 5/16/2007 HAHN, CHRISTOPHER 200.00 AP - 00251855 5/16/2007 HARALAMBOS BEVERAGE COMPANY 820.38 AP - 00251856 5/16/2007 HCS CUTLER STEEL CO 39.65 AP - 00251857 S/] 6/2007 HEALTH SCAN IMAGING 100.00 AP - 00251858 5/16/2007 HEDIGER, PATRICK 110.99 AP - 00251860 5/16/2007 HILLS PET NUTRITION SALES INC 77.38 AP - 00251860 5/16/2007 HILLS PET NUTRITION SALES INC 21.61 AP - 00251860 5/16/2007 HILLS PET NUTRITION SALES INC 231.80 AP - 00251860 5/16/2007 HILLS PET NUTRITION SALES INC 231.80 P28 User: VLOPEZ -Veronica Lopez Page: 18 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251861 5/] 6/2007 HULS ENVIRONMENTAL MGT LLC 7,902.50 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VALI 50.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VALI 50.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VALI 25.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VALI 50.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VALI 50.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VAL] 50.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VAL] 45.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VALI 25.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VALI 22.50 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VAL] 25.00 AP - 00251862 5/16/2007 HUMANE SOCIETY OF SAN BERNARDINO VAL] 25.00 AP - 00251863 5/16/2007 HUNTER LANDSCAPE 343.50 AP - 00251864 5/16/2007 HUNTINGTON GLAZING 601.55 AP - 00251864 5/16/2007 HUNTINGTON GLAZING -60.15 AP - 00251865 5/16/2007 HURST, CHERYL 288.50 AP - 00251866 5/16/2007 HYDROSCAPE PRODUCTS INC 21.19 AP - 00251867 5/16/2007 IMPERIAL SPRINKLER SUPPLY INC 608.11 AP - 00251867 5/16/2007 IMPERIAL SPRINKLER SUPPLY INC -31.03 AP - 00251867 5/16/2007 IMPERIAL SPRINKLER SUPPLY INC 45.85 AP - 00251868 5/16/2007 INDUSTRIAL SUPPLY COMPANY 64.65 AP - 00251868 5/16/2007 INDUSTRIAL SUPPLY COMPANY 248.20 AP - 00251869 5/16/2007 INLAND EMPIRE FAMILY - 1,230.00 AP - 00251870 5/16/2007 INLAND EMPIRE TOURS AND TRANSPORTATIC 2,386.00 AP - 00251871 5/16/2007 INLAND VALLEY EMERGENCY PET CLINIC 162.50 AP - 00251871 5/16/2007 INLAND VALLEY EMERGENCY PET CLINIC 385.50 AP - 00251874 5/16/2007 INTERSTATE BATTERIES 60.51 AP - 00251874 5/16/2007 INTERSTATE BATTERIES 132.19 AP - 00251875 5/16/2007 INTRAVAIA ROCK AND SAND INC 110.00 AP - 00251876 5/16/2007 IRON MOUNTAIN 270.46 AP - 00251877 5/16/2007 ISLAM, MOHAMMAD 250.00 AP - 00251880 5/16/2007 KAPCO 392.60 AP - 00251881 5/16/2007 KATZ OKITSU & ASSOCIATES 5,900.00 AP - 00251882 5/16/2007 KAVANAUGH, JOHN 11.00 AP - 00251883 5/16/2007 KC PRINTING K GRAPHICS INC 105.51 AP - 00251884 5/16/2007 KCR CONCEPTS INC 369.64 AP - 00251885 5/16/2007 KIEFER R ASSOCIATES 248.57 AP - 00251887 5/16/2007 KONE INC 433.59 AP - 00251889 5/16/2007 LAM, JACK 200.00 AP - 00251890 5/16/2007 LANE, NICOLE 350.00 AP - 00251892 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 150.00 AP - 00251892 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 127.94 AP - 00251892 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 125.90 AP - 00251892 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 125.90 AP - 00251892 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 2,505.44 AP - 00251892 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 199.99 AP - 00251892 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 199.99 AP - 00251892" 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 184.94 AP - 00251892 5/16/2007 LEHIGH SAFETY SHOE COMPANY LLC 2,573.88 AP - 00251893 5/16/2007 LINA 15,129.97 AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 825.00 AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 4,750.00 AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 425.00 AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 500.00 P29 User: VLOPEZ -Veronica Lopez Page: 19 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P30 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 875.00 AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 600.00 AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 4,000.00 AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 175.00 AP - 00251894 5/16/2007 LITTLE BEAR PRODUCTIONS 400.00 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 118.02 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 6,356.26 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 9,388.48 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 136.74 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 19,805.53 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 533.20 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 567.67 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 841.29 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 1,141.87 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 4,888.00 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 2,920.26 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 361.20 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 3,626.98 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 8,818.76 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 1,485.57 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC ~ 5,317.37 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 3,854.59 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 17,321.90 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 314.70 AP - 00251896. 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 176.21 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 255.90 AP - 00251896 5/16/2007 MARIPOSA HORTICULTURAL ENT INC 67.25 AP - 00251896 5/] 6/2007 MARIPOSA HORTICULTURAL ENT INC 31.41 AP - 00251897 5/16/2007 MARK CHRISTOPHER INC ]9.55 AP - 00251898 5/16/2007 MARQUETTE COMMERCIAL FINANCE 30,377.77 AP - 00251899 5/16/2007 MARSHA MEEK BANKS CPA 336.64 AP - 00251900 5/16/2007 MARSHALL CAVENDISH CORP 538.70 AP - 00251901 5/16/2007 MARSHALL PLUMBING 415.00 AP - 00251901 5/16/2007 MARSHALL PLUMBING - -103.75 AP - 00251902 5/16/2007 MATHIS AND ASSOCIATES 1,010.00 AP - 00251903 5/16/2007 MAXIMUM PC 19.95 AP - 00251904 5/16/2007 MCMASTER CARR SUPPLY COMPANY 244.80 AP - 00251904 5/16/2007 MCMASTER CARR SUPPLY COMPANY 4274 AP - 00251905 5/16/2007 MICHAEL, L. DENNIS 141.14 AP - 00251906 5/16/2007 MIDWEST TAPE 160.93 AP - 00251906 5/16/2007 MIDWEST TAPE 45.98 AP - 00251906 5/16/2007 MIDWEST TAPE 133.94 AP - 00251906 5/16/2007 MIDWEST TAPE 133.94 AP - 00251906 5/16/2007 MR)WEST TAPE 45.98 AP - 00251906 5/16/2007 MIDWEST TAPE 160.93 AP - 00251906 5/16/2007 MIDWEST TAPE 20.99 AP - 00251906 5/16/2007 MIDWEST TAPE 20.99 AP - 00251907 5/16/2007 MMASC 65.00 AP - 00251908 5/16/2007 MOUNTAIN VIEW SMALL ENG REPAIR 46.28 AP - 00251909 5/16/2007 MSA 520.00 AP - 00251911 5/16/2007 NAKAJIMA, MAYUKO 56.28 AP - 00251911 5/16/2007 NAKAJIMA, MAYUKO 14.00 AP - 00251912 5/16/2007 NAPA AUTO PARTS -11.62 AP - 00251912 5/16/2007 NAPA AUTO PARTS 246.73 User: VLOPEZ -Veronica Lopez Page: 20 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P31 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251912 5/16/2007 NAPA AUTO PARTS 2.88 AP - 00251912 5/16/2007 NAPA AUTO PARTS 4.60 AP - 00251912 5/16/2007 NAPA AUTO PARTS 12.95 AP - 00251912 5/16/2007 NAPA AUTO PARTS 23.68 AP - 00251912 5/16/2007 NAPA AUTO PARTS 243.40 AP - 00251912 5/16/2007 NAPA AUTO PARTS 21.61 AP - 00251912 5/16/2007 NAPA AUTO PARTS 11.83 . AP - 00251912 5/16/2007 NAPA AUTO PARTS 13.75 AP - 00251912 5/] 6/2007 NAPA AUTO PARTS 42.15 AP - 00251912 5/16/2007 NAPA AUTO PARTS 0.75 AP - 00251912 5/16/2007 NAPA AUTO PARTS 18.32 AP - 00251912 5/16/2007 NAPA AUTO PARTS 103.59 AP - 00251912 5/16/2007 NAPA AUTO PARTS 45.21 AP - 00251913 5/16/2007 NATIONAL CONSTRUCTION RENTALS INC 114.00 AP - 00251913 5/16/2007 NATIONAL CONSTRUCTION RENTALS INC 57.90 AP - 00251914 5/16/2007 NATIONAL DEFERRED 31,716.93 AP - 00251915 5/16/2007 NEC UNIFIED SOLUTIONS INC 763.47 AP - 00251915 5/16/2007 NEC UNIFIED SOLUTIONS INC 245.70 AP - 00251916 5/16/2007 NESTOR TRAFFIC SYSTEMS 7,500.00 AP - 00251917 5/16/2007 NEW IMAGE COMMERCIAL FLOORING 969.33 AP - 00251918 5/16/2007 NEW MILLENNIUM ROOFING 56.00 AP - 00251919 5/16/2007 NIKPOUR, MOHAMMED 96.00 AP - 00251920 5/16/2007 NOLO PRESS 63.21 AP - 00251921 5/16/2007 O C B REPROGRAPHICS INC 22789 AP - 00251922 5/16/2007 OCLC INC 43.91 AP - 00251924 5/16/2007 OFFICE DEPOT 14.29 AP - 00251924 5/16/2007 OFFICE DEPOT 61.13 AP - 00251924 5/16/2007 OFFICE DEPOT 33.78 AP - 00251924 5/16/2007 OFFICE DEPOT 31.74 AP - 00251924 5/] 6/2007 OFFICE DEPOT 68.97 AP - 0025 ] 924 5/16/2007 OFFICE DEPOT 541.25 AP - 00251924 5/16/2007 OFFICE DEPOT 275.82 AP - 00251924 5/] 6/2007 OFFICE DEPOT 449.81 AP - 00251924 5/16/2007 OFFICE DEPOT -14.22 AP - 00251924 5/]6/2007 OFFICE DEPOT 41.16 AP - 00251924 5/16/2007 OFFICE DEPOT 19.92 AP - 00251924 5/16/2007 OFFICE DEPOT 47.97 AP - 00251924 5/16/2007 OFFICE DEPOT 8.40 AP - 00251924 5/16/2007 OFFICE DEPOT 246.28 AP - 00251924 5/16/2007 OFFICE DEPOT 40.79 AP - 00251924 5/16/2007 OFFICE DEPOT 160.55 AP - 00251924 5/16/2007 OFFICE DEPOT 31.86 AP - 00251924 5/16/2007 OFFICE DEPOT 176.29 AP - 00251924 5/16/2007 OFFICE DEPOT 293.22 AP - 00251924 5/16/2007 OFFICE DEPOT 7.26 AP - 00251924 5/16/2007 OFFICE DEPOT 19.58 . AP - 00251924 5/16/2007 OFFICE DEPOT 231.63 AP - 00251924 5/16/2007 OFFICE DEPOT 23.55 AP - 00251924 5/16/2007 OFFICE DEPOT 10.60 AP - 00251924 5/16/2007 OFFICE DEPOT 4.70 AP - 00251924 5/16/2007 OFFICE DEPOT 129.75 AP - 00251924 5/16/2007 OFFICE DEPOT 5.40 AP - 0025 t 924 5/16/2007 OFFICE DEPOT 48.23 AP - 00251924 5/16/2007 OFFICE DEPOT 114.95 User: VLOPEZ -Veronica Lopez Page: 21 Current Date: 05/30/200 Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P32 Agenda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251924 5/16/2007 OFFICE DEPOT 26.47 AP - 00251924 5/16/2007 OFFICE DEPOT 4.46 AP - 00251924 5/16/2007 OFFICE DEPOT 19.68 AP - 00251924 5/16/2007 OFFICE DEPOT 10.49 AP - 00251924 5/16/2007 OFFICE DEPOT 23.96 AP - 00251924 5/16/2007 OFFICE DEPOT 2.48 AP - 00251924 5/16/2007 OFFICE DEPOT 62.76 AP - 00251924 5/16/2007 OFFICE DEPOT 7.31 AP - 00251924 5/16/2007 OFFICE DEPOT 208.60 AP - 00251924 5/16/2007 OFFICE DEPOT 26.67 AP - 00251924 5/16/2007 OFFICE DEPOT 4.23 AP - 00251924 5/16/2007 OFFICE DEPOT 26.66 AP - 00251924 5/16/2007 OFFICE DEPOT 52.28 AP - 00251924 5/16/2007 OFFICE DEPOT 74.36 AP - 00251924 5/16/2007 OFFICE DEPOT 138.34 AP - 00251924 5/16/2007 OFFICE DEPOT 54.87 AP - 00251924 5/16/2007 OFFICE DEPOT 74.81 AP - 00251924 5/16/2007 OFFICE DEPOT 152.52 AP - 00251924 5/16/2007 OFFICE DEPOT 10.82 AP - 00251924 5/16/2007 OFFICE DEPOT 266.71 AP - 00251924 5/16/2007 OFFICE DEPOT 75.95 AP - 00251924 5/16/2007 OFFICE DEPOT 56.51 AP - 00251925 5/16/2007 OKOYE FOUNDATION INC, THE CHRISTIAN 400.00 AP - 00251926 5/16/2007 ONESOURCE DISTRIBUTORS INC. 81.61 AP - 00251926 5/16/2007 ONESOURCE DISTRIBUTORS INC. 2,184.63 AP - 00251926 5/16/2007 ONESOURCE DISTRIBUTORS INC. 466.64 AP - 00251926 5/16/2007 ONESOURCE DISTRIBUTORS INC. 488.10 AP - 00251926 5/16/2007 ONESOURCE DISTRIBUTORS INC. 1,068.02 AP - 00251927 5/16/2007 OPEN APPS 912.36 AP - 00251927 5/16/2007 OPEN APPS 709.86 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 57.08 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 28.48 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 72.15 AP - 00251928 5/] 6/2007 ORCHARD SUPPLY HARDWARE 86.14 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 31.51 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 5.37 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 9.01 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 10.76 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 5.38 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 107.70 AP - 00251928 5/16/2007 ORCHARD SUPPLY HARDWARE 27.87 AP - 00251929 5/16/2007 OWEN ELECTRIC INC 292.36 AP - 00251930 5/16/2007 PAL CAMPAIGN 114.96 AP - 00251931 5/16/2007 PARKISON, DUANE 10.86 AP - 00251932 5/16/2007 PATTON SALES CORP 295.25 AP - 00251932 5/16/2007 PATTON SALES CORP 7.65 AP :00251932 5/16/2007 PATTON SALES CORP 40.18 AP - 00251932 5/16/2007 PATTON SALES CORP 21.54 AP - 00251933 5/16/2007 PENINSULA LIBRARY SYSTEM 75.00 AP - 00251934 5/16/2007 PETERMAN LUMBER INC 350.73 AP - 00251935 5/16/2007 PETES ROAD SERVICE INC 475.83 AP - 00251935 5/] 6/2007 PETES ROAD SERVICE INC 157.35 AP - 00251936 5/16/2007 PHOENIN GROUP INFORMATION SYSTEMS 734.75 AP - 00251937 5/16/2007 PILONIETA, MANUEL 400.00 User: VLOPEZ -Veronica Lopez Page: 22 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P33 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251938 5/16/2007 PITASSI ARCHITECTS INC 10,512.30 AP - 00251939 5/16/2007 POETRY ALIVE 260.00 AP - 00251939 5/] 6/2007 POETRY ALIVE 520.00 AP - 00251940 5/16/2007 POMA DISTRIBUTING CO 1,269.19 AP - 00251940 5/16/2007 POMA DISTRIBUTING CO 3,753.39 AP - 00251941 5/16/2007 POUK AND STEINLE INC. 5,195.12 AP - 00251942 5/16/2007 PRAXAIR DISTRIBUTION INC 69.50 AP - 00251943 5/16/2007 PRE-PAID LEGAL SERVICES INC 284.70 AP - 00251944 5/16/2007 PRIDE LAUNDRY SYSTEMS INC 7,589.95 AP - 00251944 5/16/2007 PRIDE LAUNDRY SYSTEMS INC 3,894.13 AP - 00251944 5/16/2007 PRIDE LAUNDRY SYSTEMS INC 200.01 AP - 00251945 5/16/2007 PYRO SPECTACULARS INC 12,500.00 AP - 00251947 5/16/2007 QUINTANA, ZITA 193.00 AP - 00251948 5/16/2007 RANCHO CUCAMONGA CHAMBER OF COMMEI 200.00 AP - 00251951 5/16/2007 REPUBLIC ITS 6,597.84 AP - 00251951 5/16/2007 REPUBLIC ITS 13,203.48 AP - 00251953 5/16/2007 RJM DESIGN GROUP INC 4,717.88 AP - 00251954 5/16/2007 ROBLES SR, RAUL P 65.00 AP - 00251954 5/16/2007 ROBLES SR, RAUL P 92.50 AP - 00251954 5/16/2007 ROBLES SR, RAUL P 65.00 AP - 00251954 5/16/2007 ROBLES SR, RAUL P 130.00 AP - 00251955 5/16/2007 ROBLES, RAMON 72.00 AP - 00251956 5/16/2007 ROYAL STREET COMMUNICATIONS 4,252.80 AP - 00251958 5/16/2007 SAN ANTONIO MATERIALS 471.62 AP - 00251959 5/16/2007 SAN BERNARDINO COUNTY 36.26 AP - 00251960 5/16/2007 SAN BERNARDINO COUNTY AUDITOR CONTR( 585.00 AP - 00251960 5/16/2007 SAN BERNARDINO COUNTY AUDITOR CONTR( 780.00 AP - 00251960 5/16/2007 SAN BERNARDINO COUNTY AUDITOR CONTR( 585.00 AP - 00251961 5/] 6/2007 SAN BERNARDINO COUNTY SUN 75.00 AP - 00251963 5/16/2007 SAN BERNARDINO CTY SHERIFFS DEPT 27,651.25 AP - 00251964 5/16/2007 SAN BERNf+RDINO CTY SHERIFFS DEPT 110,172.47 AP - 00251965 5/16/2007 SAN BERNARDINO CTY SHERIFFS DEPT 1,858,621.75 AP - 00251966 5/16/2007 SCOTT, DIANA 375.00 AP - 00251967 5/16/2007 SHERIFFS COURT SERVICES 135.00 AP - 00251968 5/16/2007 SHERIFFS COURT SERVICES 50.00 AP - 00251969 5/16/2007 SIGN SHOP, THE 66.72 AP - 00251970 5/16/2007 SILVIA CONSTRUCTION INC 2,207.02 AP - 00251971 5/16/2007 SIMPLOT PARTNERS 4,255.05 AP - 00251972 5/] 6/2007 SIR SPEEDY 2,662.44 AP - 00251973 5/16/2007 SIXTH STREET DISTRIBUTION CENTER 562.89 AP - 00251974 5/16/2007 SLJ PRO AUDIO SERVICES SEAN JONES 1,430.00 AP - 00251975 5/16/2007 SO CALIF GAS COMPANY 3,881.71 AP - 00251975 5/16/2007 SO CALIF GAS COMPANY 3;544.00 AP - 00251975 5/16/2007 SO CALIF GAS COMPANY 801.26 AP - 00251975 5/16/2007 SO CALIF GAS COMPANY 57.87 AP - 00251975 5/16/2007 SO CALIF GAS COMPANY 404.24 AP - 00251977 5/16/2007 SOURCE GRAPHICS 88.78 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.47 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 5824 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 75.49 AP - 0025198] 5/16/2007 SOUTHERN CALIFORNIA EDISON 23.22 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON li.36 AP - 00251981 5/] 6/2007 SOUTHERN CALIFORNIA EDISON 17.05 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON ]4.85 User: VLOPEZ -Veronica Lopez Page: 23 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA p34 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 65.78 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 44.90 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 90.72 AP - 00251981 ~ 5/16/2007 SOUTHERN CALIFORNIA EDISON 105.05 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.11 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 47.99 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 48.86 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.17 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.47 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 85.77 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 115.50 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 79.67 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 25.98 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.96 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 83.07 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 146.55 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 38.48 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 70.22 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.81 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 23.79 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 828.21 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 70.79 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.47 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 20.23 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 49.73 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 31.22 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 53.24 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 41.49 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 13.24 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 19.54 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 40.63 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 18.70 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 18.89 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 99.01 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 197.07 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 72.97 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 2,430.01 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 6,102.58 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 2.41 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.36 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 0025 ]981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.36 User: VLOPEZ -Veronica Lopez Page: 24 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 14.10:2 CITY OF RANCHO CUCAMONGA P35 Agenda Check ReE~ster 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 44.90 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 556.94 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 587.48 AP - 00251981 5/16/2007 SOUTHERN CALIFORNL4 EDISON 630.1 I AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 2747 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 17.01 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 20.19 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 20.26 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 37.22 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 86.72 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 20.90 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.78 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 63:67 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 92.83 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 18.42 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 132.16 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 519.45 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 16.13 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 188.54 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 61.47 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 103,28 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.55 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.79 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 56.45 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 8.76 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 57.51 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 82.86 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 1485 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.78 AP - 0025198] 5/16/2007 SOUTHERN CALIFORNIA EDISON 16.43 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.36 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 0025198] 5/16/2007 SOUTHERN CALIFORNIA EDISON 103.46 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.78 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 15.78 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 0025]98] 5/16/2007 SOUTHERN CALIFORNIA EDISON 93.32 AP - 00251981 SGl6/2007 SOUTHERN CALIFORNIA EDISON ]4.96 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251981 5/16/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 12;120.96 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 4,212.90 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 2,868.67 User: VLOPEZ -Veronica Lopez Page: 25 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P36 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 44.24 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA.EDISON 62,858.32 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 32.05 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON ]08.65 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 31.75 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 915.70 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 40.94 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 10,029.39 ' AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00251982 5/16/2007 SOUTHERN CALIFORNIA EDISON 2,727.75 AP - 00251983 5/16/2007 SOUTHERN CALIFORNIA EDISON 2,609.52 AP - 00251984 5/16/2007 SOUTHERN CALIFORNIA EDISON 1,743.45 AP - 00251985 5/16/2007 SOUTHWEST MOBILE STORAGE INC 4,094.28 AP - 00251985 5/16/2007 SOUTHWEST MOBILE STORAGE INC 175.60 AP - 00251985 5/16/2007 SOUTHWEST MOBILE STORAGE INC 88.00 AP - 00251985 5/16/2007 SOUTHWEST MOBILE STORAGE INC 238.65 AP - 00251986 5/]6%2007 SPAGGI'S 2,300.00 AP - 00251987 5/16/2007 SPARKLETTS 29.49 AP - 00251988 5/16/2007 STERICYCLE INC 381.70 AP - 00251989 5/16/2007 STOFA, JOSEPH 13.00 AP - 00251990 5/16/2007 STONE, IDA 299.51 AP - 00251991 5/16/2007 SUNRISE FORD 124.16 AP - 00251991 5/16/2007 SUNRISE FORD 53.59 AP - 00251991 5/16/2007 SUNRISE FORD 35.82 AP - 00251991 5/16/2007 SUNRISE FORD 68.72 AP - 00251991 5/16/2007 SUNRISE FORD 7.18 AP - 00251991 5/16/2007 SUNRISE FORD -53.59 AP - 00251992 5/16/2007 SUNSHINE GROWERS NURSERY INC 101.29 AP - 00251994 5/16/2007 TANNER RECOGNITION COMPANY, O C 1,010.95 AP - 00251995 5/16/2007 TRAFFIC OPERATIONS INC 3,611.39 AP - 00251995 5/16/2007 TRAFFIC OPERATIONS INC 6,226.82 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 6,970.27 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 10,000.00 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 4,349.93 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 8,680.60 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 1,728.83 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 9,696.33 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 10,054.71 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 3,307.06 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 1,611.67 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 1,943.39 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 16,404.52 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 17,535.11 AP - 00251996 5/16/2007 TRUGREEN LANDCARE SS.3S AP - 00251996 5/16/2007 TRUGREEN LANDCARE 20,794.22 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 480.09 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 75,409.07 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 26,129.82 AP - 00251996 5/] 6/2007 TRUGREEN LANDCARE 2,376.67 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 11,108.10 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 1,110.75 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 811.78 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 13,838.18 AP - 00251996 5/] 6/2007 TRUGREEN LANDCARE 4,339.33 User: VLOPEZ -Veronica Lopez Page: 26 Current Date: 05/30/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Agenda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00251996 5/16/2007 TRUGREEN LANDCARE 53,667.27 AP-0025]996 5/16/2007 TRUGREENLANDCARE 4,692.79 AP - 00251996 5/16/2007 TRUGREEN LANDCARE 10,469.90 AP - 00251997 5/16/2007 UNDERGROUND TECHNOLOGY INC 1,016.88 AP - 00251997 5/16/2007 UNDERGROUND TECHNOLOGY INC 829.56 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 855.87 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 173.23 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 29.37 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 8]2.45 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 175.28 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 49.90 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 49.13 AP - 00251998 5/16/2007 UNIFIRST UNIFORM SERVICE 2894 AP - 00251999 5/16/2007 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 2,134.53 AP - 00252000 5/16/2007 UNITED SITE SERVICES OF CA INC 21778 AP - 00252001 5/16/2007 UNITED TRAFFIC 699.30 AP - 00252002 5/]6/2007 UNITED WAY 357.82 AP - 00252003 5/16/2007 UPS 23.10 AP - 00252003 5/16/2007 UPS 31.80 AP - 00252004 5/16/2007 VALLEY CREST NURSERY 603.42 AP - 00252005 5/16/2007 VARNEY, SUSAN 1,000.00 AP - 00252006 5/16/2007 VELOCITA WIRELESS 704.86 AP-00252006 5/16/2007 VELOCITAWIRELESS 132.16 AP - 00252006 5/16/2007 VELOCITA WIRELESS 22.03 AP - 00252006 5/16/2007 VELOCITA WIRELESS 88.10 AP - 00252006 5/16/2007 VELOCITA WIRELESS 2203 AP - 00252006 5/]6/2007 VELOCITA WIRELESS 154.19 AP - 00252006 5/16/2007 VELOCITA WIRELESS 616.76 AP - 00252006 5/16/2007 VELOCITA WIRELESS 176.22 AP-00252006 5/16/2007 VELOCITAWIRELESS 286.35 AP - 00252007 5/16/2007 VEND U COMPANY 51.28 AP - 00252007 5/16/2007 VEND U COMPANY 50.88 AP - 00252009 5/16/2007 VERIZON 68.38 AP - 00252009 5/16/2007 VERIZON 19.40 AP - 00252009 5/16/2007 VERIZON 19.83 AP - 00252009 5/16/2007 VERIZON 45.79 AP - 00252009 5/16/2007 VERIZON 187.14 AP - 00252009 5/16/2007 VERIZON 134.78 AP - 00252009 5/16/2007 VERIZON 1,738.82 AP - 00252009 5/16/2007 VERIZON 146.84 AP - 00252009 5/16/2007 VERIZON 89.74 AP - 00252009 5/16/2007 VERIZON 33.13 AP - 00252009 5/16/2007 VERIZON 119.57 AP - 00252009 5/16/2007 VERIZON 89.99 AP - 00252009 5/16/2007 VERIZON 33.14 AP - 00252009 5/16/2007 VERIZON 19.82 AP - 00252009 5/16/2007 VERIZON 19.82 AP - 00252009 5/16/2007 VERIZON 363.47 AP-00252009 5/16/2007 VERIZON 90.10 AP - 00252009 5/16/2007 VERIZON 89.74 AP - 00252009 5/16/2007 VERIZON 89.74 AP - 00252009 5/16/2007 VERIZON 89.74 AP-00252009 5/16/2007 VERIZON 89.]3 AP - 00252009 5/16/2007 VERIZON 89.74 P37 User: VLOPEZ -Veronica Lopez Page: 27 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P38 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name ~ Amount AP - 00252009 5/16/2007 VERIZON 94.91 AP - 00252009 5/16/2007 VERIZON 33.13 AP - 00252009 5/16/2007 VERIZON 34.19 AP - 00252009 5/16/2007 VERIZON 27737 AP-00252009 5/16/2007 VERIZON 34.19 AP-00252009 5/16/2007 VERIZON 19.82 AP-00252009 5/16/2007 VERIZON 34.69 AP - 00252009 5/16/2007 VERIZON 31.97 AP - 00252009 5/16/2007 VERIZON 89.74 AP - 00252009 5/16/2007 VERIZON 89.74 AP - 00252009 5/16/2007 VERIZON 39.85 AP - 00252009 5/16/2007 VERIZON 129.64 AP - 00252009 5/16/2007 VERIZON 34.19 AP - 00252009 5/16/2007 VERIZON 34.19 AP-00252009 5/16/2007 VERIZON 8974 AP - 00252009 5/16/2007 VERIZON 89.75 AP - 00252009 5/16/2007 VERIZON 89.74 AP - 00252009 5/16/2007 VERIZON 89.75 AP - 00252009 5/16/2007 VERIZON 34.19 AP - 00252009 5/16/2007 VERIZON 19.82 AP - 00252009 5/16/2007 VERIZON 34.19 AP - 00252009 5/16/2007 VERIZON 33.13 AP - 00252009 5/16/2007 VERIZON 34.19 AP - 00252009 5/16/2007 VERIZON 34.19 AP - 00252009 5/16/2007 VERIZON 34.83 AP - 00252009 5/16/2007 VERIZON 8974 AP - 00252009 5/16/2007 VERIZON 33.14 AP - 00252009 5/16/2007 VERIZON 19.82 AP - 00252009 5/16/2007 VERIZON 89.74 AP-00252009 5/16/2007 VERIZON 89.74 AP - 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DAPPER TIRE CO 1,713.57 AP - 00252 ] 17 5/23/2007 DAPPER TIRE CO 826.95 AP - 00252118 5/23/2007 DAVENPORT, JAY E. 553.00 AP - 00252119 5/23/2007 DEER CREEK CAR CARE CENTER 105.00 AP - 00252120 5/23/2007 DELTA DENTAL 44,331.75 AP - 00252121 5/23/2007 DEMCO INC 183.66 AP - 00252122 5/23/2007 DEPARTMENT OF TRANSPORTATION 2,376.65 AP - 00252123 5/23/2007 DLUGOS, DONALD 500.00 AP - 00252124 5/23/2007 DMJM HARRIS 36,584.50 AP - 00252126 5/23/2007 DUNK EDWARDS CORPORATION 307.61 AP - 00252126 5/23/2007 DUNN EDWARDS CORPORATION 108.94 AP - 00252126 5/23/2007 DUNN EDWARDS CORPORATION 152.57 AP - 00252127 5/23/2007 DURKEL, CAROL 15.40 AP - 00252128 5/23/2007 EDIOR, ANTHONY 72.00 AP - 00252130 5/23/2007 EGGERS, ROBERT A. 276.50 AP - 00252131 5/23/2007 ELECTRONICS WAREHOUSE 12.73 AP - 00252131 5/23/2007 ELECTRONICS WAREHOUSE 34.86 AP -00252132 5/23/2007 EMCOR SERVICE 14,105.42 AP - 00252132 5/23/2007 EMCOR SERVICE 460.00 AP - 00252133 5/23/2007 EMPLOYMENT DEVELOPMENT DEPT. 10,017.00 AP - 00252135 5/23/2007 EVELYN RENNER & ASSOCIATES 99.99 AP - 00252136 5/23/2007 EWING IRRIGATION PRODUCTS 387.79 AP - 00252136 5/23/2007 EWING IRRIGATION PRODUCTS 64.57 AP - 00252136 5/23/2007 EWING IRRIGATION PRODUCTS' 114.82 AP - 00252137 5/23/2007 EXPRESS BRAKE SUPPLY 60.05 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORD 20.68 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORD 15.15 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORP 22.81 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORP 21.52 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORP 27.02 User: VLOPEZ -Veronica Lopez Page: 33 Current Date: 05/30/200 Report: CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252138 5/23/2007 FEDERAL EXPRESS CORP 38.93 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORP 26.91 AP - 00252138 5/23/2007 FEDERAL EXPRESS CORP 19.90 AP - 00252139 5/23/2007 FELICIANO, ANTHONY 120.00 AP - 00252140 5/23/2007 FINESSE PERSONNEL ASSOCIATES 868.00 AP - 00252142 5/23/2007 FISHER SCIENTIFIC 345.25 AP - 00252143 5/23/2007 FLAHERTY, ROSEMARY 75.00 AP - 00252144 5/23/2007 FLEET GLASS 120.00 AP - 00252144 5/23/2007 FLEET GLASS 120.00 AP - 00252]45 5/23/2007 FOOTHILL FAMILY SHELTER 417.00 AP - 00252146 5/23/2007 FREDRICS, HEATHER 12.99 AP - 00252147 5/23/2007 G AND M BUSINESS INTERIORS 288.98 AP - 00252148 5/23/2007 GALLS INC 398.62 AP - 00252149 5/23/2007 GIBBYS FENCING MATERIALS 2,605.00 AP - 00252150 5/23/2007 GILES, CASEY 500.00 AP - 00252151 5/23/2007 GRAINGER -54.46 AP - 00252151 5/23/2007 GRAINGER -16.95 AP - 00252151 5/23/2007 GRAINGER 102.94 AP - 00252151 5/23/2007 GRAINGER 102.94 AP - 00252151 5/23/2007 GRAINGER 409.99 AP - 00252151 5/23/2007 GRAINGER 127.35 AP - 00252151 5/23/2007 GRAINGER 550.97 AP - 00252151 5/23/2007 GRAINGER 1,177.48 AP - 00252151 5/23/2007 GRAINGER 51.98 AP - 00252151 5/23/2007 GRAINGER 98.28 AP - 00252151 5/23/2007 GRAINGER ~ 29.09 AP - 00252151 5/23/2007 GRAINGER 196.77 AP - 00252151 5/23/2007 GRAINGER 111.69 AP - 00252151 5/23/2007 GRAINGER 42.41 AP - 00252151 5/23/2007 GRAINGER 10.62 AP - 00252151 5/23/2007 GRAINGER 681.67 AP - 00252154 5/23/2007 HAAKER EQUIPMENT CO 324.45 AP - 00252156 5/23/2007 HERNANDEZ, JENNIFER 50.00 AP - 00252157 5/23/2007 HINDERLITER DE LLAMAS AND ASSOCIATES 1,200.00 AP - 00252157 5/23/2007 HINDERLITER DE LLAMAS AND ASSOCIATES 10,236.09 AP - 00252158 5/23/2007 HOLLIDAY ROCK CO INC 10,566.67 AP - 00252160 5/23/2007 HOSE MAN INC 109.98 AP - 00252160 5/23/2007 HOSE MAN INC 46.72 AP - 00252160 5/23/2007 HOSE MAN INC 171.03 AP - 00252161 5/23/2007 HOUSE OF RUTH 282.50 AP - 00252163 5/23/2007 HYDRO TEK SYSTEMS INC 2,411.10 AP - 00252164 5/23/2007 HYDROSCAPE PRODUCTS INC 81.12 AP - 00252164 5/23/2007 HYDROSCAPE PRODUCTS INC 134.51 AP-00252]65 5/23/2007 IFEA 150.00 AP - 00252165 5/23/2007 IFEA ~ 25.00 AP - 00252166 5/23/2007 IMAGE SOURCE 467.43 AP - 00252167 5/23/2007 IMPERIAL SPRINKLER SUPPLY INC 36.61 AP - 00252169 5/23/2007 INLAND VALLEY DAILY BULLETIN 184.80 AP - 00252169 5/23/2007 INLAND VALLEY DAILY BULLETIN -7.20 AP - 00252170 _ 5/23/2007 INLAND VALLEY DAILY BULLETIN 1 11.25 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 218.75 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN ] 13.75 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 727.50 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 735.00 P44 User: VLOPEZ -Veronica Lopez Page: 34 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Poarait Layout Time: 14:10:2 CITY OF RAM1CHO CUCAMONGA P45 Age.tl rf s Check Register `iS 200 i *.',trough 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252170 5/23/2007 INLAND VAL1_EY DAILY BULLETIN 350.00 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETPv 770.00 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 727.50 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 268.75 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN ~ 183.75 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 722.50 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 227.50 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 225.00 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 468.75 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETIN 350.00 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETI?: 350.00 AP - 00252170 5/23/2007 INLAND VALLEY DAILY BULLETP~' 328.75 AP - 00252171 5/23/2007 INLAND VALLEY DAILY BULLETIN 148.50 AP - 00252171 5/23/2007 INLAND VALLEY DAILY BULLETIN 624.78 AP - 00252172 5/23/2007 INTERFACE SECURITY SYSTEMS LLC 80.81 AP - 00252173 5/23/2007 INTERNATIONAL CRIME FREE ASSOCIATION II 175.00 AP - 00252176 5/23/2007 JOBS AVAILABLE INC 395.76 AP - 00252177 5/23/2007 JONES, ROBERT 2,800.00 AP - 00252178 5/23/2007 JOUZY, YANINA 84.00 AP - 00252179 5/23/2007 JUMP, SARA 47.39 AP - 00252179 5/23/2007 JUMP, SARA 36.01 AP - 00252179 5/23/2007 JUMP, SARA 52.76 AP - 00252179 5/23/2007 JUMP, SARA 1421 AP - 00252180 5/23/2007 K K WOODWORKING 10.76 AP - 00252180 5/23/2007 K K WOODWORKING 32.29 AP - 00252181 5/23/2007 KB HOME 110.00 AP - 00252182 5/23/2007 KELLEY BLUE BOOK 109.00 AP - 00252183 5/23/2007 KELLY EQUIPMENT 137.17 AP - 00252184 5/23/2007 KIRKWOOD & ASSOCIATES, A J 116.71 AP - 00252185 5/23/2007 KISER KRANE AND RIGGING 41.10 AP - 00252187 5/23/2007 KNAVE PRODUCTIONS INC 15,000.00 AP - 00252188 5/23/2007 KONICA MINOLTA BUSINESS SOLUTIONS 88.81 AP - 00252188 5/23/2007 KONTCA MINOLTA BUSINESS SOLUTIONS 20.94 AP - 00252189 5/23/2007 KUBINEK, TOMAS 4,800.00 AP - 00252190 5/23/2007 KURTH, DONALD 500.00 AP - 00252191 5/23/2007 L AND L BUILDING MATERIALS INC. 10.78 AP - 00252191 5/23/2007 L AND L BUILDING MATERIALS INC. 21.55 AP - 00252193 5/23/2007 LAMBARD INC 3,810.38 AP - 00252193 5/23/2007 LAMBARD INC 9,464.16 AP - 00252193 5/23/2007 LAMBARD INC 876.99 AP - 00252194 5/23/2007 LANCE SOLL AND LUNGHARD 1,000.00 AP - 00252195 5/23/2007 LANPHAER, DAVE & BIRGIT 120.00 AP - 00252198 5/23/2007 LEAGUE OF CALIFORNIA CITIES 35.00 AP - 00252199 5/23/2007 LIEBERT CASSIDY WHITMORE 684.50 AP - 00252199 5/23/2007 LIEBERT CASSIDY WHITMORE 4,238.00 AP - 00252199 5/23/2007 LIEBERT CASSIDY WHITMORE 1,546.07 AP - 00252199 5/23/2007 LIEBERT CASSIDY WHITMORE 4,446.00 AP - 00252202 5/23/2007 LIM, ANNABELLE 50.00 AP - 00252204 5/23/2007 LOCK N DOOR MANN 932.00 AP - 00252205 5/23/2007 LOS ANGELES COCA COLA BTL CO 449.57 AP - 00252206 5/23/2007 LOZANO, JOSEFINA 1.000.00 AP - 00252207 5/23/2007 MADISON GROUP INC, THE JAMES 3,100.00 AP - 00252208 5/23/2007 MANSOURI, IRAJ 4,800.00 AP - 00252209 5/23/2007 MARIPOSA HORTICULTURAL ENT 1NC 943.59 User: VLOPEZ -Veronica Lopez Page: 35 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRA IT_RC - CK: Agenda Check Register Portrait Layout Time: 14: ] 0:2 CITY OF RANCHO CUCAMONGA A>;enda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Dale Vendor Name Amount AP - 00252209 5/23/2007 MARIPOSA HORTICULTURAL ENT INC 67.25 AP - 00252209 5/23/2007 MARIPOSA HORTICULTURAL ENT INC _ 445.31 AP - 00252209 5/23/2007 MARIPOSA HORTICULTURAL ENT INC 488.57 AP - 00252209 5/23/2007 MARIPOSA HORTICULTURAL ENT INC 1,920.06 AP - 00252209 5/23/2007 MARIPOSA HORTICULTURAL ENT INC 1,633.51 AP - 00252210 5/23/2007 MARTIN, ED 30.00 AP - 00252210 5/23/2007 MARTIN, ED 240.00 AP - 00252210 5/23/2007 MARTIN, ED 30.00 AP - 00252211 5/23/2007 MARTINEZ UNION SERVICE 140.00 AP - 00252213 5/23/2007 MASTER BUILDING SPECIALTIES 13.50 AP - 00252214 5/23/2007 MIDWEST TAPE 135.94 AP - 00252214 5/23/2007 MIDWEST TAPE 135.94 AP - 00252214 5/23/2007 MIDWEST TAPE 14.99 AP - 00252214 5/23/2007 MIDWEST TAPE 65.97 AP - 00252214 5/23/2007 MIDWEST TAPE 21.99 AP - 00252214 5/23/2007 MIDWEST TAPE 21.99 AP - 00252214 5/23/2007 MIDWEST TAPE 65.97 AP - 00252215 5/23/2007 MIERS AND MIERS 2,906.25 AP - 00252218 5/23/2007 MON MAY ENTERPRISES INC 9.50 AP - 00252219 5/23/2007 MOUNTAIN MOTOR SPORTS 96.85 AP - 00252220 5/23/2007 MOUNTAIN VIEW GLASS AND MIRROR INC 425.00 AP - 00252220 5/23/2007 MOUNTAIN VIEW GLASS AND MIRROR INC 948.20 AP - 00252221 5/23/2007 NAFFZIGER, MICHAEL 29.25 AP - 00252222 5/23/2007 NAPA AUTO PARTS 89.84 AP - 00252222 5/23/2007 NAPA AUTO PARTS 73.70 AP - 00252222 5/23/2007 NAPA AUTO PARTS -2.16 AP - 00252222 5/23/2007 NAPA AUTO PARTS 24.69 AP - 00252222 5/23/2007 NAPA AUTO PARTS 65.76 AP - 00252222 5/23/2007 NAPA AUTO PARTS 25.30 AP - 00252222 5/23/2007 NAPA AUTO PARTS 11.18 AP - 00252222 5/23/2007 NAPA AUTO PARTS 44.73 AP - 00252222 5/23/2007 NAPA AUTO PARTS 184.10 AP - 00252222 5/23/2007 NAPA AUTO PARTS 21.16 AP - 00252222 5/23/2007 NAPA AUTO PARTS -6.13 AP - 00252222 5/23/2007 NAPA AUTO PARTS 52.20 AP - 00252222 5/23/2007 NAPA AUTO PARTS 49.00 AP - 00252223 5/23/2007 NASH, JESSICA 903.13 AP - 00252224 5/23/2007 NATIONAL DEFERRED 23,437.70 AP - 00252225 5/23/2007 NEWMAN, SHIRLE 500.00 AP - 00252226 5/23/2007 NEXTEL 687.41 AP - 00252227 5/23/2007 NIDA COMPANIES 270.15 AP - 00252228 5/23/2007 NIKPOUR, MOHAMMED 144.00 AP - 00252229 5/23/2007 . NUMARA SOFTWARE INC 711.00 AP - 00252229 5/23/2007 NUMARA SOFTWARE INC 4,750.00 AP - 00252230 5/23/2007 OCLC INC 44.30 AP - 00252232 5/23/2007 OFFICE DEPOT 43.06 AP - 00252232 5/23/2007 OFFICE DEPOT 187.56 AP - 00252232 5/23/2007 OFFICE DEPOT 135.29 AP - 00252232 5/23/2007 OFFICE DEPOT 19.13 AP - 00252232 5/23/2007 OFFICE DEPOT 42.67 AP - 00252232 5/23/2007 OFFICE DEPOT 101.48 AP - 00252232 5/23/2007 OFFICE DEPOT ] 21.61 AP - 00252232 5/23/2007 OFFICE DEPOT 10.67 AP - 00252232 5/23/2007 OFFICE DEPOT 65.24 P46 User: VLOPEZ -Veronica Lopez Page: 36 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA p47 Aeenda Check Resister 8/9/2007 through 8/29/2007 Check No. Check Dale Vendor Name Amount AP - 00252232 5/23/2007 OFFICE DEPOT 28.73 AP - 00252232 8/23/2007 OFFICE DEPOT 538.74 AP - 00252232 8/23/2007 OFFICE DEPOT 357.64 AP - 00252232 8/23/2007 OFFICE DEPOT 15.49 AP - 00252232 8/23/2007 OFFICE DEPOT 18.38 AP - 00252232 5/23/2007 OFFICE DEPOT -74.05 AP - 00252232 5/23/2007 OFFICE DEPOT 161.59 AP - 00252232 5/23/2007 OFFICE DEPOT 172.27 AP - 00252232 8/23/2007 OFFICE DEPOT 133.05 AP - 00252232 5/23/2007 OFFICE DEPOT 74.24 AP - 00252232 5/23/2007 OFFICE DEPOT -21.74 AP - 00252232 5/23/2007 OFFICE DEPOT 39.27 AP - 00252232 5/23/2007 OFFICE DEPOT 131.94 AP - 00252232 8/23/2007 OFFICE DEPOT 84.82 AP - 00252232 8/23/2007 OFFICE DEPOT 45.30 AP - 00252232 8/23/2007 OFFICE DEPOT 43.32 AP - 00252232 5/23/2007 OFFICE DEPOT 66.08 AP - 00252232 5/23/2007 OFFICE DEPOT 18.43 AP - 00252232 8/23/2007 OFFICE DEPOT 170.89 AP - 00252232 5/23/2007 OFFICE DEPOT 93.05 AP - 00252232 5/23/2007 OFFICE DEPOT 1,836.38 AP - 00252232 5/23/2007 OFFICE DEPOT 2,606.69 AP - 00252232 5/23/2007 OFFICE DEPOT 32.58 AP - 00252232 8/23/2007 OFFICE DEPOT 2.49 AP - 00252232 5/23/2007 OFFICE DEPOT 96.52 AP - 00252232 8/23/2007 OFFICE DEPOT 799'.59 AP - 00252232 5/23/2007 OFFICE DEPOT 127.73 AP - 00252232 8/23/2007 OFFICE DEPOT 44.58 AP - 00252232 8/23/2007 OFFICE DEPOT 15.73 AP - 00252232 8/23/2007 OFFICE DEPOT 1,273.03 AP - 00252232 .8/23/2007 OFFICE DEPOT 182.16 AP - 00252232 5/23/2007 OFFICE DEPOT 16.15 AP - 00252232 5/23/2007 OFFICE DEPOT 119.68 AP - 00252232 5/23/2007 OFFICE DEPOT 122.05 AP - 00252232 5/23/2007 OFFICE DEPOT 44.69 AP - 00252232 8/23/2007 OFFICE DEPOT 2.41 AP - 00252232 8/23/2007 OFFICE DEPOT 10].82 AP - 00252232 8/23/2007 OFFICE DEPOT 78.32 AP - 00252232 8/23/2007 OFFICE DEPOT 611.33 AP - 00252232 8/23/2007 OFFICE DEPOT 37.07 AP - 00252232 8/23/2007 OFFICE DEPOT 8.03 AP - 00252232 8/23/2007 OFFICE DEPOT 58.67 AP - 00252232 8/23/2007 OFFICE DEPOT 20.69 AP - 00252232 8/23/2007 OFFICE DEPOT 16.10 AP - 00252232 5/23/2007 OFFICE DEPOT 43.06 AP - 00252232 5/23/2007 OFFICE DEPOT 201.14 AP - 00252232 8/23/2007 OFFICE DEPOT 1,218.01 AP - 00252233 8/23/2007 OFFICE MAX CONTRACT INC 348.58 AP - 00252234 8/23/2007 OTT, LAURA 27.00 AP - 00252234 8/23/2007 OTT, LAURA 9.75 AP - 00252234 8/23/2007 OTT, LAURA 18.00 AP - 00252237 8/23/2007 PC MALL GOV INC 332.17 AP - 00252237 8/23/2007 PC MALL GOV INC 332.17 AP - 00252237 8/23/2007 PC MALL GOV It~'C •- 664.34 User: VLOPEZ -Veronica Lopez Page: 37 Current Date: 08/30/200 ReporttCK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P48 Agenda Check Reslister 5/9/2007 throueh 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252237 5/23/2007 PC MALL GOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 1,993.04 AP - 00252237 5/23/2007 PC MALL GOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 664.34 AP - 00252237 5/23/2007 PC MALL GOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC 90.48 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237- 5/23/2007 PC MALL GOV INC 271.50 AP - 00252237 5/23/2007 PC MALL GOV INC 90.51 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC - 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC 1,993.03 AP - 00252237 5/23/2007 PC MALLGOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 1,993.04 AP - 00252237 5/23/2007 PC MALL GOV INC 332.17 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252237 5/23/2007 PC MALL GOV INC 4526 AP - 00252237 5/23/2007 PC MALL GOV INC ] 9.54 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC. 117.18 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC 39.04 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC ]9.54 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV TNC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC 19.54 AP - 00252237 5/23/2007 PC MALL GOV INC 39.07 AP - 00252237 5/23/2007 PC MALL GOV INC ] 9.54 AP - 00252237 5/23/2007 PC MALL GOV INC 271.54 AP - 00252237 5/23/2007 PC MALL GOV INC 45.26 AP - 00252238 5/23/2007 PEACOCK SYSTEMS 52.80 AP - 00252239 5/23/2007 PENINSULA LIBRARY SYSTEM 75.00 AP - 00252240 5/23/2007 PEP BOYS - 83.01 AP - 00252241 S/23/2007 PETES ROAD SERVICE INC 1,284.70 AP - 00252242 S/23/2007 PHONG, BRYAN 150.00 AP = 00252243 5/23/2007 PIP PRINTING 53.07 AP - 00252243 5/23/2007 PIP PRINTING 670.59 AP - 00252244 5/23/2007 PMI 1,335.60 AP - 00252245 5/23/2007 POMA DISTRIBUTING CO 16,102.07 User: VLOPEZ -Veronica Lopez Page: 38 Current Date: 05/30/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 14 10:2 CITY OF RANCHO CUCAMONGA P49 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252245 5/23/2007 POMA DISTRIBUTING CO 10,745.39 AP - 00252245 5/23/2007 POMA DISTRIBUTING CO 12,147.16 AP - 00252245 5/23/2007 POMA DISTRIBUTING CO 14,243.91 AP - 00252246 5/23/2007 POSTER SOLUTIONS 80.00 AP - 00252246 5/23/2007 POSTER SOLUTIONS 20.78 AP - 00252247 5/23/2007 POUK AND STEINLE INC. 6,580.27 AP - 00252247 5/23/2007 POUK AND STEINLE INC. 1,274.89 AP - 00252247 5/23/2007 POUK AND STEINLE INC. 8,609.34 AP - 00252248 5/23/2007 POWER PLUS 25.00 AP - 00252249 5/23/2007 PRE-PAID LEGAL SERVICES INC 34.20 AP - 00252250 5/23/2007 PRICE, JAMES 80.00 AP -00252251 5/23/2007 PROGRAMMERS PARADISE INC 2,789.00 AP - 00252252 5/23/2007 PROJECT SISTER 1,031.90 AP - 00252254 5/23/2007 QALYUM, INAM 500.00 AP - 00252255 5/23/2007 QUICK CRETE PRODUCTS 2,155.00 AP - 00252256 5/23/2007 R AND F CUSTOM FURNITURE 40.50 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 43.38 AP - 00252257 5/23/2007 R AND R AUTOMOTNE 597.39 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 449.52 AP - 00252257 5/23/2007 R AND R AUTOMOTNE 547.84 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 348.58 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 55.00 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 255.00 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 34.54 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 483.73 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 242.03 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 36.79 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 34.54 AP - 00252257 5/23/2007 R AND R AUTOMOTNE 282.44 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 207.49 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 289.66 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 484.97 AP - 00252257 5/23/2007 R AND R AUTOMOTNE 451.99 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 182.81 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 309.84 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 732.10 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 20.00 AP - 00252257 5/23/2007 R AND R AUTOMOTNE 419.98 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 55.00 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 140.89 AP - 00252257 5/23/2007 R AND R AUTOMOTIVE 42.78 AP - 00252257 5/23/2007 R ATvTD R AUTOMOTIVE 1,059.96 AP - 00252258 5/23/2007 RAMIREZ, SANDRA 55.29 AP - 00252258 5/23/2007 RAMIREZ, SANDRA 10.00 AP - 00252259 5/23/2007 RANDOM HOUSE INC 227.95 AP - 00252259 5/23/2007 RANDOM HOUSE INC 90.35 AP - 00252260 5/23/2007 RBM LOCK AND KEY SERVICE 9.43 AP - 00252260 5/23/2007 RBM LOCK AND KEY SERVICE 74.25 AP - 00252261 5/23/2007 RCPFA 7,772.53 AP - 00252262 5/23/2007 RED WING SHOE STORE 155.69 AP - 00252262 5/23/2007 RED WING SHOE STORE 187.73 AP - 00252262 5/23/2007 RED WII~'G SHOE STORE I ]9.06 AP - 00252263 5/23/2007 RED WING SHOE STORE 193.92 AP - 00252264 5/23/2007 RELIABLE GRAPHICS 33 08 User: VLOPEZ -Veronica Lopez Page: 39 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: ]4:10:2 CITY OF RANCHO CUCAMONGA P50 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date V"endor Name Amount AP - 00252265 5/23/2007 RIOS, ANGELINA 32.00 AP - 00252266 5/23/2007 RIVERA, SHIRLEY 10.76 AP - 00252267 5/23/2007 ROBERT HALF TECHNOLOGY 2,800.00 AP - 00252267 5/23/2007 ROBERT HALF TECHNOLOGY 537.80 AP - 00252269 5/23/2007 SAFELITE GLASS CORP 476.27 AP - 00252271 5/23/2007 SAN BERNARDINO COUNTY 22,600.38 AP - 00252272 5/23/2007 SAN BERNARDINO COUNTY 500.00 AP - 00252274 5/23/2007 SANTOS, MANNY 48.00 AP - 00252275 5/23/2007 SAPSIS RIGGING INC 1,757.35 AP - 00252276 5/23/2007 SAWICHI, JAMES 500.00 AP - 00252277 5/23/2007 SCAG 100.00 AP - 00252278 5/23/2007 SCHRADER, ALLISON 288.00 AP - 00252279 5/23/2007 .SHOETERIA 189.08 AP - 00252279 5/23/2007 SHOETERIA 106.66 AP - 00252279 5/23/2007 SHOETERIA 232.72 AP - 00252279 5/23/2007 SHOETERIA 189.08 AP - 00252279 5/23/2007 SHOETERIA 70.00 AP - 00252279 5/23/2007 SHOETERIA 121.21 AP - 00252279 5/23/2007 SHOETERIA 184.23 AP - 00252279 5/23/2007 SHOETERIA 184.23 AP - 00252279 5/23/2007 SHOETERIA 198.78 AP - 00252279 5/23/2007 SHOETERIA 200.00 AP - 00252280 5/23/2007 SIGN SHOP, THE 492.55 AP - 00252281 5/23/2007 SKILL PATH INC 795.00 AP - 00252282 5/23/2007 SHILL PATH INC 795.00 AP - 00252283 5/23/2007 SKILL PATH INC 795.00 AP - 00252284 5/23/2007 SLUKA, SUSAN 300.00 AP - 00252285 5/23/2007 SO CALIF GAS COMPANY 156.27 AP - 00252285 5/23/2007 SO CALIF GAS COMPANY 387.31 AP - 00252285 5/23/2007 SO CALIF GAS COMPANY 13.11 AP - 00252285 5/23/2007 SO CALIF GAS COMPANY 220.38 AP - 00252285 5/23/2007 SO CALIF GAS COMPANY 79.42 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 12.79 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 17.88 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 20.45 AP - 00252296 5/23/2007 SOUTHERN CALIFORNL4 EDISON 132.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 34.65 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 44.06 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.30 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 26.95 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 120.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 89.69 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 103.80 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.32 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 25.48 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 84.30 AP - 00252296 5/23/2007 SOUTHERN' CALIFORNIA EDISON 15.11 User: VLOPEZ -Veronica Lopez Page: 40 Current Date: 05/30/200 Report:CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Agenda Check Re>?ister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amoun[ AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 86.30 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.19 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 43.12 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 33.68 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 24.40 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 48.07 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 58.09 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 45.91 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.78 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 8.40 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 61.24 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 42.56 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 242.65 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.79 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.27 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.61 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 43.32 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.01 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 96.36 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 22.69 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 20.83 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 139.65 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 510.02 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 20.98 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 114.93 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 97.86 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 78.20 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.80 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 64.59 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.02 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.49 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 18.18 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 120.65 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 62.93 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 86.42 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 144.46 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.96 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 29.39 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.90 P51 User: VLOPEZ -Veronica Lopez Page: 41 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Current Date: 05/30/200 Time: 14:10:2 CITY OF RANCHO CUCAMONGA P52 Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 29.12 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 169.83 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 70.84 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 69.14 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 121.16 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.49 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.71 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 55.81 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 21.70 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.75 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 74.48 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 70.73 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 31.22 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 153.92 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.50 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 31.22 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 87.59 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 61.90 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 30.46 ' AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 70.78 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 10.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 59.54 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 128.55 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 684.56 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 48.77 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON ] 6.19 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 34.03 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 73.10 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 1,156.94 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 920.05 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 29.83 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 49.14 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 37.32 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 50.79 User: VLOPEZ -Veronica Lopez Page: 42 Curren[ Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 26.78 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 127.70 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 205.12 AP - 00252296 5/23!2007 SOUTHERN CALIFORNIA EDISON 14,85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.78 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON. 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNL4 EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.41 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 303.75 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 34.95 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.92 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.41 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 9.72 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 3,553.47 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.02 AP'- 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 61".57 AP - 00252296 5/23/2007 SOUTHERN CALIFORNL4 EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 'SOUTHERN CALIFORNIA EDISON 15.00 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.94 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON ~ 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.30 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 94.69 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 33.27 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 86.82 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 51.23 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 37.40 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 2.88 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 53.55 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 72.45 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 78.55 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.92 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.36 P53 User: VLOPEZ -Veronica Lopez Page: 43 Current Date: 05/30/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P54 At=enda Check Re>?ister 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amoun[ AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.36 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.36 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 100.19 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 49.95 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.80 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 20.69 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 24.56 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 57.65 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 25.18 AP - 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00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 71.54 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.47 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 1,035.67 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 51.95 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 91.88 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23!2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.24 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 73.25 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 61.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 81.88 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.78 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 96.40 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 110.66 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 74.93 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 59.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 80.40 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 325.45 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.62 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 336.76 User: VLOPEZ -Veronica Lopez Page: 44 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P55 A>?enda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.41 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.55 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON ~ 73.01 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 90.50 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 110.66 AP - 00252296 5/23/2007 SOUTHERN CALIFORNL4 EDISON 58.80 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 18.57 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 18.10 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 48.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 86.61 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.94 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.02 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.19 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.02 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 17.73 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 19.59 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 17.64 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON~ 21.21 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.96 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 11.47 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.78 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.00 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNL4 EDISON 76.23 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 108.22 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 21.78 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.85 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.49 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 14.34 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 109.63 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON - 16.02 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 611.90 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.94 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 15.87 AP - 00252296 ~ 5/23/2007 SOUTHERN CALIFORNL4 EDISON 16.80 AP - 00252296 5/23/2007 SOUTHERN CALIFORNIA EDISON 16.02 AP - 00252297 5/23/2007 SOUTHERN CALIFORNIA EDISON 4,532.66 AP - 00252297 5/23/2007 SOUTHERN CALIFORNIA EDISON 3.358.08 AP - 00252298 5/23/2007 SOUTHERN CALIFORNIA EDISON 2,114.10 ' AP - 00252299 5/23/2007 SOUTHLAND INDUSTRIES 16.96 AP - 00252300 5/23/2007 SOUTHLAND SPORTS OFFICIALS 230.00 AP - 00252300 5/23/2007 SOUTHLAND SPORTS OFFICIALS 840.00 User: VLOPEZ -Veronica Lopez Page: 45 Current Date: OS/30!200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA P56 Aeenda Check Reeister 5/9/2007 through 5/29/2007 Check No. Check Dale Vendor Name Amount AP - 00252301 5/23/2007 SOUTHWEST MOBILE STORAGE INC 89.40 AP - 00252301 5/23/2007 SOUTHWEST MOBILE STORAGE INC -9.48 AP - 00252301 5/23/2007 SOUTHWEST MOBILE STORAGE INC -0.20 AP - 00252301 5/23/2007 SOUTHWEST MOBILE STORAGE INC 76.83 AP - 00252302 5/23/2007 SPINITAR 295.00 AP - 00252303 5/23/2007 SPROTT, TAMMY 500.00 AP - 00252305 5/23/2007 STAUFFER, DONALD M 83.25 AP - 00252306 5/23/2007 STEELWORKERS OLDTIMERS FOUNDATION 417.21 AP - 00252306 5/23/2007 STEELWORKERS OLDTIMERS FOUNDATION 708.33 AP - 00252306 5/23/2007 STEELWORKERS OLDTIMERS FOUNDATION 591.61 AP - 00252307 5/23/2007 STERICYCLE INC 237.75 AP - 00252308 5/23/2007 SUNGARD BI TECH INC 300.00 AP - 00252309 5/23/2007 SUNRISE FORD 19.37 AP - 00252309 5/23/2007 SUNRISE FORD 107.56 AP - 00252310 5/23/2007 SUNSHINE GROWERS NURSERY INC 32.33 AP - 0025231 I 5/23/2007 SUNSHINE WINDOWS 8,675.00 AP - 00252312 5/23/2007 TARGET SPECIALTY PRODUCTS 755.54 AP - 00252313 5/23/2007 TECH DEPOT 25,473.18 AP - 00252313 5/23/2007 TECH DEPOT 7.811.34 AP - 00252315 5/23/2007 THEATRICAL LIGHTING & SCENIC SERVICE 1,350.00 AP - 00252316 5/23/2007 THEWES, KRISTINE 612.00 AP - 00252317 5/23/2007 THOMSON GALE 71.80 AP - 00252317 5/23/2007 THOMSON GALE 27.44 AP - 00252317 5/23/2007 THOMSON GALE 179.12 AP - 00252317 5/23/2007 THOMSON GALE 29.27 AP - 00252317 5/23/2007 THOMSON GALE 29.27 AP - 00252318 5/23/2007 TICKET ENVELOPE COMPANY 938.03 AP - 00252319 5/23/2007 TOLL, RICHARD 97.50 AP - 00252320 5/23/2007 TOMARK SPORTS INC 638.30 AP - 00252321 5/23/2007 'TRAFFIC SPECIALTIES INC 125.42 AP - 00252322 5/23/2007 TRUGREEN LANDCARE 2,960.00 AP - 00252323 5/23/2007 TRY-ON PRODUCTIONS 500.00 AP - 00252324 5/23/2007 UNDERGROUND TECHNOLOGY INC 909.84 AP - 00252325 5/23/2007 UNIFIRST UNIFORM SERVICE 80].74 AP - 00252325 5/23/2007 UNIFIRST UNIFORM SERVICE 59.91 AP - 00252325 5/23/2007 UNIFIRST UNIFORM SERVICE 28.94 AP - 00252325 5/23/2007 UNIFIRST UNIFORM SERVICE 173.23 AP - 00252326 5/23/2007 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 3,646.57 AP - 00252326 5/23/2007 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 41,933.91 AP - 00252327 5/23/2007 UNIQUE MANAGEMENT SERVICES INC 542.98 AP - 00252328 5/23/2007 UNITED SITE SERVICES OF CA INC 183.49 AP - 00252329 5/23/2007 UNITED WAY 21.00 AP - 00252330 5/23/2007 UPS 24.12 AP - 00252330 5/23/2007 UPS 27.20 AP - 00252330 5/23/2007 UPS 27.10 AP - 00252331 5/23/2007 US PRINTING INC 14.71 AP 00252332 5/23/2007 VEND U COMPANI' 66.30 AP - 00252335 5/23/2007 VERIZON 87.94 AP - 00252335 5/23/2007 VERIZON 77.08 AP - 00252335 5/23/2007 VERIZON 567.78 AP - 00252335 5/23/2007 VERIZON 461.9 ] AP - 00252335 5/23/2007 VERIZON 33.16 AP - 00252335 5/23/2007 VERIZON 129.58 AP - 00252335 5/23/2007 VERIZON 39.29 User: VLOPEZ -Veronica Lopez Page: 46 Current Date: 05/30/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK Agenda Check Register Pomait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA p57 Agenda Check Resister 5/9/2007 through 5/29/2007 Check No. Check Dale Vendor Name Amount AP - 00252335 5/23/2007 VERIZON 111.04' AP - 00252335 5/23/2007 VERIZON 34.22 AP - 00252335 5/23/2007 VERIZON 35.73 AP - 00252335 5/23/2007 VERIZON 61.31 AP - 00252335 5/23/2007 VERIZON 49.59 AP - 00252335 5/23!2007 VERIZON 42.00 AP - 00252335 5/23/2007 VERIZON 66.29 AP - 00252335 5/23/2007 VERIZON 102.37 AP - 00252335 5/23/2007 VERIZON 19.85 AP - 00252335 5/23/2007 VERIZON 19.85 AP - 00252335 5/23/2007 VERIZON 33.37 AP - 00252335 5/23/2007 VERIZON 34.22 AP - 00252335 5/23/2007 VERIZON 32.01 AP - 00252335 5/23/2007 VERIZON 89.93 AP - 00252335 5/23/2007 VERIZON 21.96 AP - 00252335 5/23/2007 VERIZON 19.85 AP - 00252335 5/23/2007 VERIZON 89.77 AP - 00252335 5/23/2007 VERIZON 89.68 AP - 00252335 5/23/2007 VERIZON 33.16 AP - 00252335 5/23/2007 VERIZON 19.76 AP - 00252335 5/23/2007 VERIZON 89.68 AP - 00252335 5/23/2007 VERIZON 89.68 AP - 00252335 5/23/2007 VERIZON ~ 89.77 AP - 00252335 5/23/2007 VERIZON 33.07 AP - 00252335 5/23/2007 VERIZON 13.61 AP - 00252335 5/23/2007 VERIZON 89.68 AP - 00252335 5/23/2007 VERIZON 33.07 AP - 00252335 5/23/2007 VERIZON 34.12 AP - 00252335 5/23/2007 VERIZON 101.41 AP - 00252335 5/23/2007 VERIZON 34.12 AP - 00252335 5/23/2007 VERIZON 69.75 AP - 00252335 5/23/2007 VERIZON 34.33 AP = 00252335 5/23/2007 VERIZON 89.77 AP - 00252335 5/23/2007 VERIZON 45.04 AP - 00252335 5/23/2007 VERIZON 478.69 AP - 00252335 5/23/2007 VERIZON 19.76 AP - 00252335 5/23/2007 VERIZON 71.51 AP - 00252335 5/23/2007 VERIZON 33.07 AP - 00252335 5/23/2007 VERIZON 33.51 AP - 00252335 5/23/2007 VERIZON 21.40 AP - 00252335 5/23/2007 VERIZON 33.67 AP - 00252335 5/23/2007 VERIZON 89.68 AP - 00252335 5/23/2007 VERIZON 89.68 AP - 00252335 5/23/2007 VERIZON 8977 AP - 00252335 5/23/2007 VERIZON 89.68 AP - 00252335 5/23/2007 VERIZON 33.16 AP - 00252335 5/23/2007 VERIZON 35.83 AP - 00252335 5/23/2007. VERIZON 150.01 AP - 00252335 5/23/2007 VERIZON 21.40 AP - 00252335 5/23/2007 VERIZON 43.74 AP - 00252335 5/23/2007 VERIZON 43.74 AP - 00252335 5/23/2007 VERIZON 38.33 AP - 00252335 5/23/2002 VERIZON 132.64 AP - 00252335 5/23/2007 VERIZON 102.65 User: VLOPEZ -Veronica Lopez Page: 47 Current Date: OS/30/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 14:10:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 5/9/2007 through 5/29/2007 Check No. Check Date Vendor Name Amount AP - 00252335 5/23/2007 VERIZON 159.12 AP - 00252335 5/23/2007 VERIZON 66.15 AP - 00252335 5/23/2007 VERIZON 34.18 AP - 00252335 5/23/2007 VERIZON 639.9 AP - 00252336 5/23/2007 VERNON, CITY OF 142,080.00 AP - 00252337 5/23/2007 VILLANVERA, REBECCA 500.00 AP - 00252338 5/23/2007 VULCAN MATERIALS COMPANY 61.42 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 17.11 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 179.60 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 259.88 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 185.72 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 10.98 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 145.47 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 2,124.06 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 49.83 AP - 00252339 5/23/2007 WALTERS WHOLESALE ELECTRIC CO 429.7] AP - 00252340 5/23/2007 WARMINGTON ONTARIO ASSOC LP 5,000.00 AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY 1,058.14 AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY 201.06 AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY 333.34 AP - 00252341 5/23/2007 WAXIE SANITARY SUPPLY 1,341.75 AP - 00252342 5/23/2007 WEINSTEIN MD, ELLIOT 200.00 AP - 00252343 5/23/2007 WEST PAYMENT CENTER 279.00 AP - 00252343 5/23/2007 WEST PAYMENT CENTER 206.19 AP - 00252344 5/23/2007 WESTERN MEDICAL SUPPLY INC 339.41 AP - 00252345 5/23/2007 WHITE CAP CONSTRUCTION SUPPLY 472.22 ' AP - 00252346 5/23/2007 WILSON AND BELL 252.76 AP - 00252347 5/23/2007 • WITHERS & SANDGREN LTD 440.00 AP - 00252348 5/23/2007 WOLFF, STEVE 83.27 AP - 00252349 5/23/2007 YAMAHA OF CUCAMONGA 507.20 AP - 00252349 5/23/2007 YAMAHA OF CUCAMONGA 130.15 AP - 00252350 5/23/2007 YEE, LARRY 28.00 AP - 00252351 5/23/2007 ZEE MEDICAL INC 998.82 AP - 00252351 5/23/2007 ZEE MEDICAL INC 239.43 AP - 00252352 5/23/2007 ZONES CORPORATE SOLUTIONS 59,152.03 Total for Check ID AP: 7,163,025.35 Total for Entih': 7,163,025.35 P58 User: VLOPEZ -Veronica Lopez Page: 48 Current Date: 05/30/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 14:10:2 P59 F ;:~~:~ =, ,,~ `~: - ~~ T H E C I T Y O F R A N C U O C U C AM O N G A Staff Report DATE: June 6, 2007 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James R. Troyer, AICP, Planning Director BY: Vance Pomeroy, Contract Planner SUBJECT: CONSIDERATION OF A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION DRC2007-00374 - CIRCLE K STORES, INC. - A request for a Public Convenience or Necessity determination for a Type 20 Off-Sale Beer And Wine License for a convenience store approved under Conditional Use Permit DRC2003-00510 in the Community Commercial District, located on the southeast corner of Foothill Boulevard and Etiwanda Avenue - APN: 0229-311-14 and 15. RECOMMENDATION: Staff recommends that the City Council approve the determination of Public Convenience or Necessity for Circle K Stores, Inc. through the adoption of the attached Resolution of Approval, and forward a copy to the Department of Alcoholic Beverage Control (ABC). ' ANALYSIS A. Background: Circle K Stores, Inc. is planning to open a new convenience store to be located on the southeast corner of Foothill Boulevard and Etiwanda Avenue. The convenience store will be operated in conjunction with a motor fuel retailing operation (gas station) and will sell packaged food and drinks, and a variety of general items. The store will be open on a 24-hour basis. Circle K Stores, Inc. has applied to ABC for a Type 20 license to allow the sale of beer and wine for consumption off the premises. Essentially, all the convenience stores operating in conjunction with gas stations in the community have Type 20 licenses (beer and wine). B. Requirements from Department of Alcohol Beverage Control: The Department of Alcohol Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to population of the census tract. According to ABC staff, the off-sale and on-sale licenses in this census tract (0022.03) total 13, 5 over the limit of 8 licenses. San Bernardino County has placed a moratorium on all new ABC licenses and requires a finding of Public Convenience by the local agency (as governed by Section 23958 of the P60 CITY COUNCIL STAFF REPORT DRC2007-00374 - CIRCLE K STORES, INC. June 6, 2007 Page 2 Business and Professional Code) to approve additional licenses in census tracts that surpass the limit. The legislation purposely left the term Public Convenience and Necessity undefined so that the local legislative body, in this case the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances. C. Facts to Support a Public Convenience or Necessity Determination: The following are facts to support the requested Public Convenience or Necessity. Fact: A convenience store in conjunction with a gas station selling grocery items and packaged foods along with alcoholic beverages is a common and accepted business. Fact: The site is located at the southeast corner of Foothill Boulevard and Etiwanda Avenue. Both streets are designated as major thoroughfares and the site is well suited for this type of business. Fact: The site is proposed to be developed with a commercial center. The review of the development of the site by the Planning Commission (Conditional Use Permit DRC2003-00510) took into account the proximity of the residential neighborhood when setting conditions for traffic and noise. Staff does not anticipate that the addition of alcoholic beverage sales will significantly increase traffic flow to the site. Fact: Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of alcoholic beverages to the other products of the convenience store. CONCLUSION: Based on the above analysis, staff finds that the off-sale beer and wine (Type 20) license at the subject site will not have a negative impact to the surrounding uses. Respectfully submitted, ~~~/ R~ ~,," 4- Ja s R. Troyer, AICP Planning Director JRT:VP\ma Attachments: Exhibit A - Census Map Exhibit B - ABC Application Work Sheet Exhibit C - ABC License Types Exhibit D - Applicant Narrative dated April 23, 2007 Resolution of Approval for Public Convenience or Necessity DRC2006-00062 Reference Maps -American FactFinder American FactFinde~`_ Legend Boundaries fJS:a:e •G' ~QQ ~U1(::y J/ PJ C^nsas Trac: ~/ OJ Blw. Groc3 '.t pi.u• '!- ~ Place ,Y 6J Place fiQ Ur3an Arca f+r'W t4bar. Area Features ~/Halor RoaC S:rec: S:re amlWa :er3UCy S: reamlWa:ero3cy I ems ir:: n';^.ex: dre ra V15131C ,. ...is -aan level Page 1 of 1 P61 - S f ~^yvV~. ].,i 1'~i1L11II 'r' tart r' ~ ,4 V: ~a A yy~ ~ ~ f i R' Y +- ,1n; ,1-~i cam ~ r { ~ ~ } w;` ~ aj a1 5 . . v \ r ~1 (~y~~~~ . St r. i` ~~, ' ~ '" 20 07 .~ I ~ Lr. i.~ k3~ T ... fy9 ` ~ F , t Prwtn .. ~ ~.. r ~~ II r ):f ~ ~ S'2 trl~ve ~ =l ' ~ i tt tin St' .~' ~ ~'~+ / t ~ t . rr~t / ; .ri ' ~ v /C~' .; r~-`-D '_ ....-~L Crv! `~~ C'n © f ~,yry .t it _ . G ~ % ..~ f r ~ f L L F of a r v. x_24 ~ l "j .r A t .: t tu.'.; m `~~^~` x >~; x *'_ y, A2 a Ew w R ~ervoii 1..__. ~ ~ . } p+t-.,_ t 4 x ~v ~> ~ NS' 'tdx.Zl ~ ~ - ~ CY ~ ` ~ vu s . ~ y z ' . r y ~ ~ - ,- o ' ~ ~> ~ - .oa a ik } ~: ~ , Vi1tRd yy ~f.li_ut _ v , y , . 5t a .. 22.0$ -,: 3 ~ !~ : he .,. n Bcr , - i 3 -~ a Vino GA ITak 1 ~ _ m ~~ j ~: &rinartlino e_ ~an +~~ 9 U ~ , m , ~ ~ . ~~ e~ 1~' ~ _ s,.~ ~ - ~fritanrLEtRAITe~mt ~~ <E Gihralt ' ~ _-~ ~~F f ~ -(H(}}m~ane- L i5 .IIRtcr_D ry ~ - -~ ~Stn lpr Approx; 7 milesiacross_, '-E„9+mt~~.;~ ~~" ~ Q ,, ,,, i {: Fontana a ~,_ i ~ ~:2f ~~wiairA http:/lfactfinder.census.gov/servlet/ReferenceMapFramesetServlet?_bm=y&-man=&-PA... 5/21 /2007 ~`MY-21-0T 10:56 FROI,FABC CONSULTING SERVICE +19516986669 T-1 T3 P.02/04 F-745 P62 Department of Alcoholic Beverage Cor„7o1 - State of California APPLICA'I'iON FOI2 ALCOHOLIC BEVY±RAGE LICENSE(S) ABC 211 (eN9) TO: pepattment of Alcoholic Beverage Control File Number: 450386 3737 Main Street Receipt Number: 1600808 Suite 900" Geographical Code: 3615 RivetSide, CA 92501 Copies Mailed Date: February 7, 2007 (951) 782-4400 Issued Date: DISTRICT SERVING LOCATION: aryEucmF ~= ~ - - _- / First Owner: CIRCLE KSTOR~S INC - • . _ =~' ~~ Name of Business: GIRCLE K STORE #26215 /' Location of Business: County: Is premise inside city limits? Mailing Address: (If different From premises address) Type of license(s): 20 Transferor's license/name: FOOTHII.L BLVD & ETTiVANAA AVE SEC RANCHO CUCAMONGA, CA 91739 SAN BERNARDINO Yea 495 E RINCON ST STE 150 CORONA, CA 92879-1365 Census Tract 0022.03 Dropping Partner: Yes No t% License Tvoe ~ngactinn Tvoe FeeFee Tvne ster Qy,p Dnte ee 20 OFF-SALEBFPRANL ORIGtNALPEPS NA Y 0 02/07/07 $100.00 20 OPF-SALE BEER ANL ANNUAL FP-£ NA Y 0 0 210 7 / 0 7 $220.00 Total $320.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of [he Department pertaining to [he Acs? No I?xplarn any -Yex' augwet m the shore qucmons on an a[{erbme¢[ which shall he deemed part of [lns eppGcat[oa. Applican[ agrees (a) chat any manager employed in an on-sale licensed premise will have all the qualjrications of a licensee, and (b) that he will no[ violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Aate: February 7, 2007 nndrr penalty of perjury, eacp person whose sigmmcc appwrt below, ce~e9 a¢d saYs' ll) He is un appliean[, Or OuC of ilse applrcaa[%, or as ekecudve off[sxr Of the applitsa[ eozporadon, admetl i¢ the fomgo.pg appnrndoa duly amh¢rizetl ro make mn apphceaop op us hehnlf: (2) [ha[ be has read ilae [oregoing sad knows [ht co¢[ems thereat and that sash of [he shove statements [hertin made are '[nu: (3) [tut m person artier rbso the applsea¢t or applieaars tins aaY dizta ar i¢diree[ In[eren ra the applrcm[ m applicanrr business w ht ropduc[cd under [tic liceaac(q Eor which [hie upphexion is made; (4) [ha[ [he sum&r appliaarop ar proposed ¢msfer is m[ made tD sapsPy me payme¢[ of a Loan or [o tulrill an Agreemept snared intu more [has aintty (9a7 duyn preceding [he day oa which [tic a..oslez applita[ioa is riled with rbe Depanmeat or m gain or establish a prcfrrenca a or for spy crcdi[or m [ramfemr or W defraud or iRjurt nay erctitor of treasferor: (5) that the ¢mafer apphuuon may be withds+wu DY either [tic applicm[ or nc~ liemsed with no resuhm; habiliry W ate Pepat[mta[. Applican[ Name(s) APPlicant Signature(s) CIRCLE K STORES INC cee?71 Gjgn [ e page E~wiB~r B Kv1Y-21-OT 10:56 FROIFABC CONSULTING SERVICE Census Tral ABC District: County: Population: Off Sale 1 Per: Oa Sale 1 Per: Number 158038 :t 2000: 0022.03 Riverside San Bernardino 1946202 1465 1326 CENSUS TRACTSTATS: Off Sale Allowed: 4 On Sale Allowed: 4 Population: 4795 'type Licensee/Original lssuc (late Premises Address 20 292131 21 343920 21 355377 20 376389 20 384362 21 3864D4 20 38b4b7 20 389103 20 PNS STORES 1NC 12322 FOURTH ST BIG LOTS 4103 7/2/1984 ACT RANCHO CUCgMONGA, CA 91730 FOOD 4 LESS OF CALIFORNIA i 12879 FOOTHILL BLVD FOOD 4 LESS 328 8/3/1994 ACT RANCHO CUCAMONGA, CA 91739 HAWARA MTANOS 12962.64 FOOTHILL BLVD TOWN & COUNTRY LIQUOR 8/6/1998 865 RANCHO CUCAMONGA, CA 91739 CHEVRON STATIONS INC 12659 FOOTHII.L BLVD CHEVRON 8/24/1999 ACT RANCHO CUCAMONGA, CA 91739 WAL MART STORES !NC 12549 FOOTHILL BLVD WAL MART STORE 1922 8/8/2001 ACT RANCHO CUCAMONGA, CA 91739 COSTCO WHOLESALE CORPOR 11800 FOURTH ST COSTCO WHOLESALE STORE 6 5892002 ACT RANCHO CUCAMONGA, CA 91730 BP WEST COAST PRODUCTS L 4525 E IURUPA AVE ARCO AM PM 5965 6/262002 ACT ONTARIO, CA 91761 BP WEST COAST PRODUCTS L 2195 S HAVEN A VE ARCO AM PM 6521 686/2002 ACT ONTARIO, CA 91761 PACIFIC CENTURY PFTROLPU 2200 S HAVEN AVE HAVEN & PHILADELPHIA MOB 12/98002 ACT ONTARIO, CA 91761 +19516996969 i-.173 P.03/04 F-745 P63 Monday, May 21, 2007 11:4820 AM ilAY-21-07 10:57 FROMI-ABC CONSULTING SERVICE +19516886868 T-173 P.04/04 F-745 p64 Number Type Licensee/Original lssge Date Premises ACtlress 329100 20 7 ELEVEN !NC 3490 JURUPA ST 7 ELEVEN STORE 2171 330358 9/152005 ACT ONTARIO, CA 91761 442125 20 JAE & JUDY CORPORATION 5020 P 4TH ST ARCO AM PM 8/ 148006 ACT ONTARIO, CA 91761 450386 20 CIRCLE K STORES 1NC FOOTHILL BLVD & ETIWANDA AVE SEC CIRCLE K STORE 26215 PENA RANCHO CUCAMONGA, CA 91739 P65 Department of Alwholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of California t. ~~ ,+t t r y Y/ +D i 1w ~ .i-;+!j~ht T' A ,~ i^^~~yy~pp ~ ~~ T 9 ~ rsb sS `^a ~,~y~ eY ~{~+ P +Y1~ ~ ~ ~ J~ d`I PI MYS ~ ~C l'~'J x<Yr Y ~ J"k4 L9 ~'3fte~..~ I ~" t A;?•~G Y"t Vt Y •a41 ~ ' ~ - ,x_-TYPE '. - ' . d rt,R 1. k. :~.i },. l_-a.~, _,. .,-.^a~ ~ti+.' .~e'~5' _. DESyCnRI PaTION,< °..,. .~_i~~'S.+~x~ ±•..: .c~_l.t...~ ,' ~ 01g F BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license ~ w `" n ~ on or off the manufacturer's licensed authorizing the sale of beer, and to consumers for consumption .-~ s - l premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for _ ate. r x F -g=. ~ consumption at a bona fide public eating place on the manufacturer's licensed premises or a[ a bona fide ~,~..-s `,,,~~t:_ eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under b-~, 'x~~'~. s ecified conditions Section 23357.3. Minors are allowed on the remises. ky~t-02`s'~''~ WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. ~ ti ~; ,.> ~ ~-^~ o Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the 1a~ .yv ~$~~ premises in a bona fide eating place that is located on the licensed premises or on premises owned by [he -""'` ~~~ a ~~ licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess .~ '' wine and brandy for use in [he preparation of food and beverage to be consumed at the bona fide eating ?*~,"n ys place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are `~=~~:: allowed on the remises. ~~s20.~~.y OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off .5^~''{~'.-,~' the remises where sold. Minors are allowed on the remises. ~'~:if'21~?4,~? ` OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for •~? ~-4=' ys; consum [ion off the remises where sold. Minors are allowed on the remises. -~~23~Y`. ~~ SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same privileges and ~ ~ ~ restrictions as a Type Ol. A brewpub is typically a very small brewery with a restaurant. Amicro-brewery „ -~ , s;3„T~r}s is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, ~. ~:~#_:.;^~ although some do have a restaurant or ub on their manufacturin lant. a t ~~O~N-''~ ` ON SALE BEER - (Bar, Tavem) Authorizes the sale of beer for consumption on or offthe premises ~ek k~~-~ ;. where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, ~'~- *-~`„~rC.°:, sandwiches or snacks must be available. Minors are allowed on the remises. ~~41i:~.,>~ ON SALE BEER & NINE -EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for ~`%4..t.f~-0`~~ consumption on or off [he premises where sold. Distilled spirits may not be on the premises (except ~~~ ' ~ brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed • ~~ ~ ~ premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal _ ~r meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - `~ 9:00 a.m., 11:00 a. m. - 2:00 m., and 6:00 m. - 9:00 m. Premises that are not o en five da s a week • •'~'~_' ~~~..: must serve meals on the da s the are o en. Minors are allowed on the remises. X42 ~` 4 ON SALE BEER & NINE -PUBLIC PREMISES - (Bar, Tavem) Authorizes the sale of beer and wine dire ;, for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are ')tea ~'" ~' not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not ~ re uired. „,~ce4Z;e`.i ON SALE GENERAL- EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled ~~ Fez ..7x -' spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off ~ ~ ~~` ."'~ the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must ~ ~ - ;~ make actual and substantial sales of meals, during the normal meal hours that they are open, at least five ~ -'~ M~; _ `~'; days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. ~~~ } "T s f Premises that are not open five days a week must serve meals on the days they are open. Minors are w. .+ ' k s ~~~; allowed on the remises. ,. t£48~ ON SALE GENERAL- PUBLIC PREMISES - (Bar, Night Club) Authorizes [he sale of beer, wine and : ~' '4i distilled spirits for consumption on the premises where sold. Authorizes [he sale of beer and wine for 'f~,~ r* < -•.g~. consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 M,~,~,~~ _.t "'" for exce tion, musicians . Food service is not re uired. ',:`r 49 , ON SALE GENERAL -SEASONAL -Authorizes the same privileges and restrictions as provided for a '~'~ s Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the "~-r,~$>n ~ license certificate. V 25f6 E°r/tgrt ~t °2 y~.:.:~.,~~ 9 Q `~OHOE py0 ABC-616 (4104) ~CNtP~~T C Circle k stores,lnc. West Coast Business Unit 495 E. Rincon, Suite 150 Corona, CA 92879 Randy Wilson Real Estate Development Direct (951) 270-5189 Fax (951) 270-5116 email jrwilson@circlek.com Apri123, 2007 City Of Rancho Cucamonga City Council C/o Mr. Troyer, Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Circle K Stores, Inc., SEC Foothill Blvd. & Etiwanda Ave., Rancho Cucamonga Determination of Public Convenience or Necessity Deaz Honorable Mayor Kurth, Mayor Pro Tem Williams and Counci] Members Gutierrez, Michael and Spagnolo: Please accept this letter as a formal request for the City Council's consideration to issue a Letter of Public Convenience and Necessity for the Development of a Circle K Convenience Store and Service Station at the above referenced property. BACKGROUND The City of Rancho Cucamonga Planning Commission originally approved Conditional Use Permit (No. DRC2003-00510) to allow the development of an automotive fueling service and convenience center at the subject site on December 13, 2006. On February 5, 2007, Circle K Stores applied for an original off-sale beer and wine (type 20) license with the Department of Alcoholic Beverage Control at the above referenced location. The Department of Alcoholic Beverage Control has determined that the proposed Circle K is located within Census Tract 0022.03. Pursuant to §23958.4 of the California Business and Professions Code, the Department determined that Census Tract 0022.036 is allowed 4 off-sale licenses and that 13 licenses currently exists within the tract. Therefore, in order for the proposed Circle K to obtain an off sale beer and wine license, the City of Rancho Cucamonga must make a fmding that the proposed use would be a public convenience or necessity. OVERVIEW AND PROJECT DESCRIPTION Circle K Stores, Inc. proposes the construction of a retail gasoline facility that will include a 2,976-squaze-foot, wood frame/CMU Block, 24-hour mini mazket building (with off-sale beer and wine sales), and 3 fuel dispenser islands under one canopy. The project also includes landscaping, lighting, pazking, and on-site signage. P66 ~~) V~T ~ CLARIFICATION OF THE LEGAL STANDARD: ~ P67 "PUBLIC CONVENIENCE OR NECESSITY" First, it is important to emphasize that Business & Professions Code § 23958.4 requires a positive finding of public convenience "or" necessity in order foi an off-site ABC application to be approved. Thus, it is legally sufficient if Circle K shows either public convenience or public necessity. It is not legally necessary to show both. Second, it is only necessary to show public convenience or necessity where, as here, there is an "undue concentration" of licensees in the census tract. The term "undue concentration" (also referred to as "over concentration") is specifically defined in Business & Professions Code § 23958.4 as simply a ratio of the number of licenses in a census tract compared to the average number of licenses in a County, as a whole. It does not mean that a particulaz census tract necessarily has too many licenses for the needs or convenience of residents in that tract. "Over concentration" also does not mean that the State, or anyone else, has previously looked at this census tract and determined that it has suffered any deleterious effects from the actual number of licenses existing; or that it will suffer if a new license is issued. It merely provides a guideline for making such a determination, in the form of determining whether, in a particulaz situation, the ABC license would serve the "public convenience or necessity." Thus, in this case, the fact that the census tract in which Circle K's site is located is statutorily "over concentrated" does not mean that selling a small amount of beer and wine in a newly remodeled mazket will have adverse impacts. Rather, it simply means that the City of Rancho Cucamonga must find that either public convenience or public necessity will be served by the sale of beer and wine at the site. As demonstrated below, permitting the sale of beer and wine at this site will cleazly satisfy this standard, and the City of Rancho Cucamonga should grant Circle K's application. Selling beer and wine at this location will benefit the community surrounding the site by providing a close, convenient, and safe place to make purchases. Concentration issues aze a relatively minor factor that does not justify a negative finding of PC or N for this site. Moreover none of the surrounding azea will be adversely affected. The convenience of Circle K's Concept: Circle K proposes to operate the site as a combination fuel center and modern convenience store. The convenience store provides a lazge diversity of food and sundry items. In fact, Circle K carries over 2500 different items. Circle K's standazd products includes hundreds of items from milk to magazines, and cheeses to chips, prepazed foods and baked goods, along with soft drinks and other non-alcoholic beverages. Although Circle K sells more than 1 million cups of fresh brewed coffee and more than 2 million immediately consumable food items a day, Circle K is much more than a food store. Circle K is a leading retailer of USA Today, Sports Illustrated and money orders. The Circle K concept is intended to provide a broad array of products for the consumers convenience. The sale of beer and wine will be one important part of this Circle K concept. Indeed, although beer and wine is expected to comprise a very small percent of the site's shelf- space, only a small portion of Circle K's sales (between 10% and I S%), it is nevertheless necessary in order to provide the public a complete range of products. Thus, beer and wine is a key element of the Circle K store. By providing a whole host of products, including beer and wine, readily available to the consumer at this Circle K store, the public convenience of the area will certainly be served. Without it, the customer is required to make two or more trips (i.e., one to get food, and a second to get alcoholic beverages). Thus, a positive finding of PC or N is appropriate. The business community will benefit by having a vacant lot developed into a nearby. safe location to purchase convenience items as well as beer and wine. The proposed Circle K is located at on the major commerciaVindustrial area in the City of Rancho Cucamonga. By developing a new fueling facility and convenience store, Circle K will dramatically improve the appearance of the intersection and enhance the services offered by the neighborhood center in which it will located. By adding a food store and fuel center in this Neighborhood Center patrons will be able to complete most of their quick shopping need without traveling to other azeas of the community It should also be noted that, there are no other convenience-style stores aze located within half mile of the proposed Circle K. Enabling Circle K to sell beer and wine at its store will allow the business people, employees, and residents the convenience of making quick, easy purchases at a safe location without the time-consuming trip out of their neighborhood. Thus, the public convenience will certainly be served by permitting the sale of beer and wine at Circle K's site. Furthermore, Circle K wants to maximize the availability of a lazge diversity of food and sundry items at the site pursuant to its Circle K concept, previously described. Permitting the sale of beer and wine at the site will complete Circle K's concept, enabling customers to purchase a variety of products at one convenient stop. Providing customers all of this at one location is what "public convenience or necessity" is really all about. The commercial activity within the census tract justifies additional alcoholic beveraee retailers: The threshold for over concentration established by the ABC, while a valuable guideline, is determined directly by population and does take into account zoning or general plan designations. As a result, the ABC' establishes high over concentration thresholds for lazgely residential census tracts and low thresholds for densely commercial tracts, while the General Plan encourages the concentration of commercial activity, as opposed to an even dispersal among residential neighborhoods. The fact that the Census Tract 0022.03, is geographically lazge as compared with other tracts, as shown on the attached map, demonstrates that the statue should only be used as a guideline when considering approving an additional licenses. Moreover, 6 of the 13 licenses in the tract aze in the City of Ontario while very little of the population of the tract resides in Ontario. In addition, the population of the Census tract is based on the 2000 census, and does not account for any increase in population within the tract over the past five yeazs. If a population count were take to day it is very likely that the tract would not be over concentrated based on the new apartment complexes and other residential units that have been developed in the Census Tract. The proposed Circle K store will be located at the intersection of Foothill Blvd. & Etiwanda Ave. Given that comer is surrounded by commercial activities and that Foothill is used a main arterial street within the City, Circle K will serve the employees of the Rancho Cucamonga's businesses. Not only will the Circle K be a convenient place for employees to shop on their way to and from work, it will also serve visitors on their way to or from the airport and commuters from neazby communities. P68 Circle K is a responsible retailer and the site will not result in an adverse impact on public bealtb, safety, or welfare: Presently, the site does not server the public interest as a vacant lot, however the developing the property with a Circle K facility will not negatively impact public health, safety, or welfaze. In fact, by providing better and safer access, and by providing a convenient location to make quick purchases, public health, safety, and welfare have been advanced by this site. The addition of selling beer and wine will not change this. In addition, a review of crime statistics with the Rancho Cucamonga Police Department'indicates the reported crimes for Crime Reporting District RC018 aze significantly less than those of other reporting districts in the city. But beyond this, it should be noted that Circle K has a very extensive training program for its employees to help ensure that it is a responsible retailer of alcoholic beverages. Circle K's training program is a multi media, computer based training program to ensure that employees understand and implement the procedures imposed by Circle K to comply with ABC laws and regulations. Moreover, the Circle K training program incorporates training on all age-restricted products, including tobacco, lottery, inhalants and alcohol. Indeed, Circle K will likely be a more responsible retailer of beer and wine than any other retailer in the azea. Furthermore, Circle K's compliance program requires that the following standards be followed: 1. No display any alcohol-related advertising at the fuel islands. 2. No illuminated (i.e. neon) alcohol advertising will be located in the windows or on the storefront. 3. No beer or wine will be sold from ice tubs. 4. Employees on duty between the hours of 10 p.m. and 2:00 a.m. who sell beer and wine shall be at least 21 yeazs of age. 5. Alcoholic beverage sales shall be limited to beer and wine only with no distilled spirits sold. 6. No beer and wine will be displayed within five feet of the cash register or the front door, unless, it is in a permanently affixed cooler. 7. The sale and delivery of alcoholic beverages shall be made only to persons who aze within the licensed premises, and not through apass-out window or a slide out tray to the exterior of the premises. 8. No alcoholic beverages shall be sold to any person while such person is in a motor vehicle. 9. Any graffiti painted or mazked upon the premises shall be removed or painted over within 120 hours of discovery thereof. 10. Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the licensee. 11. Ensure no more than 33 percent of the square footage of the windows and clear doors of the premises shall beaz advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the azea in which the cash registers are maintained, from the exterior public sidewalk or entrance. P69 In addition to responsible retailing, crime deterrence is a priority at Circle K. Our focus is on the safety and awareness of store staff and to ensure a positive shopping experience for our customers. Some of the key elements of our safety and security program include: 1) EmpbyeeTrauting•. a) We take our employees through a Computer Based Training (CBT) which covers all aspects of customer service, cash handling procedures, safety and loss prevention techniques. b) We~have a training course call "Tobacco, Alcohol Training" (TAM) which emphasizes the appropriate techniques for selling age-nrstrictedpruducts. c) We conduct our own in-house alcohol and tobacco shops for every store. d) We teach our employees the concept of"Do not fight, cash or confivnt" customers, shoplifters, etc. e) The Patriot ACT of2001- is covered with every store each mornh Binders, policies and procedures and audits and all a large focus of our business. 2) Tuned-Acxess Safes: a) 500-pound Timed-Access Cash Controller is utilized with one locked section available for employees to drop lazge bills and checks and a second section that dispenses change (coin or bills) only at predeterrnirred time intervals. b) Circle K employees aze instructed to keep no more than $75 ($40 at night) in the cash c) Inside the cash drawers are stickers that remind the employees to drop every $20.00 d) Signs notify would-be robbers that less than $50 is kept in the cash register after dark and that the store staffcarmot open the safe. 3) Pomt of Sale (POS) Register. a) A touch screen monitor and handheld scanning device provide assistance to the employees by notifying when anage-restricted product has been offered for purchase. b) We Card signs are located at the counter and on the doors of restricted sales items. c) A transaction cannot be completed until identification has been presented and legal age has been verified. 4) The Boor layouk a) Circle K puts cash registers in the from of stores and keeps windows in fiont of the sales counter free of signs and merehandise. b) Circle K uses a variety of lighting options including perimeter pole lights, apron lights, flood lights on side and rear of store, and extensive interior lighting to ensure a bright exterior and inviting interior shopping envirorunent 5) Covert Camera Television system (CCTV): a) All circle K stores have a 24-hour recording, closed circuit Digital Video Recorder (DVR) system, 250 GB HDD, DVD/CD-RW burner, Networking capabilities, audio recording, up to 8 color cameras, ahigh-resolution colormonitor mounted in clear view of the customer and a Color monitor in the back room These systems record up to 300 days depending on traffic flows. Circle K realizes that a healthy community translates to healthy business, and is willing to accept the ABC's imposition of these conditions when a license is issued in order to ensure that the public health, safety, and welfaze aze protected. In short, Circle K is committed to protecting the public health, safety, and welfare of the community, and will take appropriate steps to do so. The sale of beer and wine on the site will not threaten these important concerns. Community Service and Investment Circle K is committed to improving the communities they operate within. This location will support the City of Rancho Cucamonga in several ways. Initially, revenues from the construction of this project, including al] applicable city permits.and fees, will filter into the city. Once this project is completed and operating we estimate sales taxes revenues will P70 provide an up to additional $100,000 annually. Moreover, investment of over $2,000,000 in the site will increase the property tax base. Circle K believes in being a part of the neighborhoods in which its stores operate. To demons ate this commitmerrt, Circle K devotes the majority of its contributions to 501©(3)tax-exempt organizations that support specific projects, programs or events in areas where its stores are located. The company's corporate-giving program focuses on three specific areas: educarion, mufti-cultural understanding and community challenges. Circle K is a major sponsor for Boys and Girls Clubs of America. Circle K has sponsored several local events in Southern California in 2006. Additionally, Circle K employees have participated in Habitat for Humanity Projects. Circle K is also a founding member of the RADD California Coalition. This group consists of recording artists, actors and athletes against drunk drivers. Circle K received the award for Group Spirit Retail partner in 2005. Circle K sponsors and fi>rnishes tickets for local high school sporting events in the areas where its stores are located. CONCLUSION As indicated above, this site will clearly serve the public convenience of residents, visitors, shoppers, and workers of Rancho Cucamonga. The development of the property as a New Circle K will not adversely affect any portion of the surrounding azea. Circle K has been a responsible retailer of alcoholic beverages nationwide. Permitting the sale of beer and wine at the site will not change this, but will `round-out' Circle K concept at this site, providing customers the added convenience to make quick, efficient, and safe purchases of beer and wine. A positive fording of PC or N is certainly appropriate. Should you have any questions or concerns regarding the proposed Circle K we would be happy to meet with you at your convenience. In addition, Circle K is excited about opening this new store and looks forward to serving the citizens of Rancho Cucamonga. Thank you for your consideration in this matter. ~Sincere/ly, /~ Z'`S~C~ Get%~/~- Randy Wilson P71 P72 RESOLUTION NO. 07- f 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONSIDERATION OF A PUBLIC CONVENIECE NECESSITY DETERMINATION DRC2007-00374 FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE APPROVED UNDER CONDITIONAL USE PERMIT DRC2003-005101N THE COMMUNITY COMMERCIAL DISTRICT, TO BE LOCATED ON THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-311-14 AND 15. A. Recitals. 1. Circle K Stores, Inc., has filed an application for the consideration of 'a Public Convenience Necessity Determination DRC2007-00374, as described in the title of this Resolution, for a Type 20 (beer and wine off-sale) license from the Departmeht of Alcoholic Beverage Control (ABC), at a convenience store to be built at the southeast corner of Foothill Boulevard and Etiwanda Avenue. 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On the 6th day of June 2007, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based' upon the substantial evidence presented to this Council during the above-referenced meeting on June 6, 2007, including written and oral staff reports, this Council hereby specifically finds as follows: a. The applicant's business presently consists of a convenience store in conjunction with a gas station. On December 13, 2006, the applicant received approval from the City to construct and operate a 2,976 square foot convenience store on the same site. The convenience store will sell packaged foods, general household items, and beer and wine. They will not sell videos or have coin-operated amusement devices. The proposed hours of operation are 24 hours per day, seven days per week; and b. A retailer of beer and wine, packaged foods, and general household items is a common and accepted business; and CITY COUNCIL RESOLUTION NO. 07- DRC2007-00374-CIRCLE K STORES, INC. June 6, 2007 Page 2 '.' c. The site is located at the southeast corner of Foothill Boulevard and Etiwanda Avenue; both streets are designated as a major thoroughfare and the site is well suited for this type of business; and d. The census tract in which the site is located (0022.03) includes many commercial centers in the cities of Rancho Cucamonga and Ontario, with a number of restaurants with alcohol licenses. These centers are physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district and the Interstate 15 Freeway, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods. e. Staff does not anticipate that the addition of beer and wine sales will significantly increase traffic flow to the site, with the majority of customers coming to the site to re-fuel their vehicles; and f. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of beer and wine to the proposed sales of packaged food and general household items of the convenience store. 3. Based upon the findings set forth in Paragraphs 1 and 2 above, this Council concludes that the issuance of an off-sale beer and wine license for Circle K Stores, Inc., will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Council hereby determines that the issuance of an off-sale beer and wine license for Circle K Stores, Inc., will service the Public Convenience or Necessity. P73 The City Clerk shall certify the adoption of this Resolution. P78 STAFF REPORT ENGINEERING DEPART\IL'A•T Date: June 6, 2007 To: From: By: Subject Mayor and Members of the City Council Jack Lam, AICP, City Manager ~~ RANCHO G'UCAMONGA William J. O'Neil, City Engineer ~ ' Jerry A. Dyer, Senior Civil Ergineer t APPROVAL OF A RESOLUTION O THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED LOCAL MEASURE "I" 2004/2009. 2005/2010 AND 2006/2010 CAPITAL IMPROVEMENT PROGRAMS FOR EXPENDITURE OF MEASURE "I" FUNDS RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the amended Local Measure "I" 2004/2009, 2005/2010 and 2006/2010 Capital Improvement Programs as requested by SANBAG to provide a public record of the intended use of Local Measure "I" Funds. BACKGROUND/ANALYSIS Measure "1", the county-wide transportation sales tax program, requires that each local jurisdiction receiving revenues annually adopt aFive-Year Capital Improvement, which outlines the specific projects upon which those funds shall be expended. With the close-out of the current Measure I less than five years away, each jurisdiction is required to submit a plan for the remaining years. Also, each local jurisdiction is required to amend the program to adjust for changes as they become apparent. ' Staff has prepared the attached amended programs to be adopted by City Council and kept on file with the San Bernardino Associated Governments for informational purposes. If additional changes are necessary (additions or deletions), the plan may be altered at each annual adoption or intermittently with City Council approval. Respectfully submitted, William J. O'Neil City Engineer WJO:JAD:Is Attachments P79 RESOLUTION NO. ~~'~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE AMENDED LOCAL MEASURE "I" 2004/2005, 2005/2010 AND 2006/2010 CAPITAL IMPROVEMENT PROGRAMS FOR EXPENDITURE OF MEASURE "I" FUNDS WHEREAS, San Bernardino County voters approved passage of Measure "I" in November, 1989 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose aone-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 of Authority; and WHEREAS, Expenditure plans of the Ordinance requires each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Five-Year Capital Improvement Program and Twenty-Year Transportation Plan adopted by resolution of the local jurisdiction, and WHEREAS, Expenditure-Plans of the Ordinance also require that each local jurisdiction annually adopt and update the Five and Twenty-Year plans, and WHEREAS, with the close out of the current Measure "I" less than five years away a plan for the remaining years (Four-Year) shall be submitted, and WHEREAS, since SANBAG has the Twenty-Year Transportation Plan on file the plan no longer needs to be submitted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, State of California, hereby adopts the amended Local Measure "I" 2004/2009, 2005/2010 and 2006/2010 Capital Improvement Programs, a copy of which is attached to this resolution. 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' Y ~ I I ~~ ¢ ~ > ~ ~ E 'I ~,' > ;~ ,~ > i I~I ;C '¢ >I~ ~ ~ v, iN i Ia i I~ U > ¢ U ~ ~ C >I I ~ W U LD ~ m a ~ I U C O (n~L C IUI C ~ iE >I m ' I I Y ~ . ¢ L a c m llm i¢ i ~ E m Q $ °w ' I¢ > i I~ >! f i ~ a c I i ~ . ' c O F- i o ° ~ ml ~- o ~0 m o m l ~ m o mi m i i . . l i ~ I I I ~ ~ I ~ i ~ rl I o~ ! i I I I ¢ o'I ~ ~ of i ~ o I i of I ~o'I ' I to l i N O N m m a P86 ~- ; `-~; - T H E C I T Y O F _- as ,..e~.~ R A N C ~th0 ,.~C U CpA ~M O R G A - StaffReport DATE: June 6, 2007 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James R. Troyer, AICP, Planning Director BY: Pei-Ming Chou, Associate Planner SUBJECT: LANDMARK DESIGNATION DRC2005-00776 -ROBERT BATHISH - A request to designate the Roberds House as a Designated Local Landmark located at 7201 Amethyst Street -APN: 0202-161-04. Related files: Mills Act Application DRC2007-00173 and Non-Construction Conditional Use Permit DRC2007-00159. MILLS ACT APPLICATION DRC2007-00173 -ROBERT BATHISH - A request to implement the use of the Mills Act to reduce property tax for the Roberds House, currently applying for Historic Landmark Status, located at 7201 Amethyst Street - APN: 0202-161-04. Related files: Landmark Designation DRC2005-00776 and Non-Construction Conditional Use Permit DRC2007-00159. RECOMMENDATION: The Historic Preservation Commission unanimously recommends designation of the Roberds House as a Designated Local Landmark and approval of a Mills Act Agreement by adoption of the attached Resolution of Approval and Mills Act Agreement. BACKGROUND: In 1998, the Planning Department presented a proposal to designate the Roberds House as a landmark to the Historic Preservation Commission. The Roberds House was selected from a list of potential landmarks as a part of the City's program to designate landmarks and Points of Historic Interest. At the July 7, 1988, Historic Preservation Commission hearing, the Roberds family opposed the designation for a number of reasons, and the designation was reduced to a Point of Historic Interest. The City Council approved the Point of Historic Interest designation on August 17, 1988. In 2005, following a request by Chris Nichols, a resident of 9532 Roberts Court, the Planning Department presented a second request to initiate an application to designate the Roberds House as a local landmark at the September 21, 2005, City Council meeting. The designation was initially postponed by Robert Bathish, the current owner of the Roberds House, while he pursued land use options for the property. After various discussions with the Planning Department regarding possible uses P87 CITY COUNCIL STAFF REPORT DRC2005-00776 AND DRC2007-00173 -ROBERT BATHISH June 6, 2007 Page 2 allowed, Mr. Bathish proceeded with the landmark designation of the Roberds House. The designation was approved by the Historic Preservation- Commission and Mr. Bathish is now seeking a Mills Act contract on the property. ANALYSIS: The attached Historic Preservation Commission staff report provides a detailed analysis of the historical and cultural significance of the Roberds House. ENVIRONMENTAL ASSESSMENT: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Respectfully submitted, . R - ~~ Jam s R. Troyer, AICP Planning Director JRT:RUge Attachments: Exhibit A -Historic Preservation Commission Staff Report dated April 25, 2007 Draft Resolution of Approval for Landmark Designation DRC2005-00776 Draft Resolution of Approval for Mills Act Application DRC2007-00173 P88 y_~_,_ `~-~ 31ap~ {~ ' T~H E C I T Y O F _ _ ., _ _ RAN Ct10 CIICAMONGA Staff Report DATE: April 25, 2007 TO: Chairman and Members of the Historic Preservation Commission FROM: James R. Troyer, AICP, Planning Director BY: Pei-Ming Chou, Associate Planner SUBJECT: LANDMARK DESIGNATION DRC2005-00776 -ROBERT BATHISH - A request to designate the Roberds House as a Designated Local Landmark, located at 7201 Amethyst Street - APN: 202-161-04. Related File: Mills Act Agreement DRC2007-00173 and Non Construction Conditional Use Permit DRC2007-00159. This action is categorically exempt per Sedtion 15331 as a Class 31 exemption of the California Environmental Quality Act Guidelines (Historical Resource Restoration/Rehabilitation ). MILLS ACT APPLICATION DRC2007-00173-ROBERT BATHISH- A request to implement the use of the Mills Act to reduce property tax for the Roberds House, currently applying for Historic Landmark Status, located at 7201 Amethyst Street - APN: 020216104. Related file: Landmark Designation DRC2005-00776 and Non Construction Conditional Use Permit DRC2007-00159. BACKGROUND: In 1998, the Planning Department presented a proposal to designate the Roberds House as a landmark to the Historic Preservation Commission. The Roberds House was selected from a list of potential landmarks as a part of the City's program to designate landmarks and Points of Historic Interest. At the July 7, 1988 Historic Preservation Commission hearing, the Roberds family opposed the designation fora number of reasons and the designation was reduced to a Point of Historic Interest. The City Council approved the Point of Historic Interest designation on August 17, 1988. In 2005, following a request by Chris Nichols, a resident of 9532 Roberts Court, the Planning Department presented a second request to initiate an application to designate the Roberds House as a local landmark at the September 21, 2005, City Council meeting. The designation was initially postponed by Robert Bathish, the current owner of the Roberds House, while he pursued land use options for the property. However, after various discussions with the Planning Department regarding possible uses allowed, Mr. Bafhish is now requesting a landmark designation and a Mills Act contract on the property. ANALYSIS: A. Historical Significance: The Roberds House was constructed circa 1910 as the Nazarene .Church on a site approximately one mile southeast of its present site on the west side of Archibald Avenue. In the early 1920s, Harry and Rilla Roberds purchased the structure EXHIBIT A =TEM A & B P89 HISTORIC PRESERVATION COMMISSION STAFF REPORT DRC2005-00776 - ROBERDS HOUSE April 25, 2007 Page 2 and moved it to. the current location on Amethyst Avenue. At that time, extensive renovations were done to convert the structure from a church into a residence. The "'` ~'-^° .Roberds House is an early example of adaptive reuse. _ ~ The Roberds family once owned most of the land south of the Pacific Electric Railroad tracks down to Base Line Road on both sides of Amethyst Avenue. Harry Roberds came to California with his family for his father's health and worked in the first packing house in Cucamonga. In 1913, he married Rilla Stephens, daughter of Douglas W. Stephens, a pioneer vinyardist of Cucamonga. The Roberds built the first house in the town of Alta Loma on the east side of Amethyst Avenue. After the birth of their son, the Roberds moved the original house farther south, bought the Nazarene Church, moved it to the . location of the original house on Amethyst Avenue, and remodeled the church into a residence. The large shed-roofed dormers, roof deck, and pergola were added at the time of conversion. In 1920, the Fire Department was created and the Roberds' telephone was used whenever there was a fire. B. Site Characteristics: The Roberds House site is an L-shaped parcel approximately 0.93 acre in size and is located on the east side of Amethyst Avenue, immediately south of the Pacific Electric Railroad tracks and the Water District storage tanks. The site is zoned Medium-High Density Residential (14-24 dwelling units per acre) and is designated General Commercial (GC) under the General Plan. C. Architectural Description: The Roberds House is a one and one-half story Craftsman bungalow with clapboard exterior walls. The large, medium-pitched composite shingled roof features one large, centrally located shed roof dormer on each side. The porch is supported by large concrete columns and features decorative king post trussing. The interior of the house retains its original 1920s paneled doors, molded pine door and window trim, chair and plate rails, oak and pine floorings, arid pressed-tin ceiling. The house also features original built-in cabinets typical of Craftsman bungalows. A two-bay garage with vertical wood sidings and a gable roof sits to the northeast of the house. Immediately adjacent to the rear of the house is a small wood shed. The lower portions of the walls are wood sided while the upper portion is screened in. The shed appears to have been used as a wash house but the original function of the house is unknown. Amore in-depth description is attached (Exhibit D). D. Landmark Designation: The subject site qualifies for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance, including such significant areas as historical, cultural, neighborhood, and geographic setting. Details concerning these areas of significance are contained in the Facts for Findings section. The requested designation is for a structure that is greater than 50 years in age. The purpose of the designation is to preserve, protect, enhance, and perpetuate a significant feature that contributes to the cultural and aesthetic benefit of Rancho Cucamonga. E. Mills Act Agreement: In accordance with City policy, the owner has requested a Mills Act Agreement. The Agreement Schedule List of Improvements has been drafted and reviewed and is attached for reference (Exhibit C). A & B 2 P90 HISTORIC PRESERVATION COMMISSION STAFF REPORT DRC2005-00776 - ROBERDS HOUSE April 25, 2007 Page 3 The concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property by retaining its characteristics of historical significance. This intent is encouraged through the reduction of property. taxes, thus enabling the property owner to reinvest the. money saved from the: reduced property tax on the improvements. The properties that enter into.the agreement ar'e to be inspected by City staff on 'an annual basis to determine whether notable progress has been made in rehabilitating the property. Staff estimates the property tax savings to the owner could be as much as $3,130 per year. The exact amounts are dependent upon the County's Assessor's property valuation, which is based on income potential and capitalization rate at the time of the assessment. F. Environmental Assessment: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: Finding 1: The proposed Landmark is particularly representative of an historic period, type, style, region, or way of life. Facts: The Roberds House is representative of the Craftsman Bungalow. It is also an early example of adaptive reuse. Finding 2: The proposed Landmark is of greater age than most of its kind. FacUs: The Roberds House was originally constructed circa 1910 as the Nazarene Church. Circa 1920, the house was converted into a residence. Finding 3: The proposed Landmark was connected with someone renowned or important or a local personality. Facts: The Roberds House is connected with the Roberds family. Harry Roberds built the first house in the Alta Loma townsite. Rilla Roberds is the daughter of Douglas W. Stephens, a Cucamonga pioneer. B. Neighborhood and Geographic Setting: Finding 1: The proposed Landmark materially benefits the historic character of the neighborhood. FacUs: The Roberds House is one of the few remaining historic buildings representing Old Alta Loma. As the first house built it the Alta Loma townsite, it was along with the construction of the rail, the catalyst for the development of Alta Loma. Finding 2: The proposed Landmark in its location represents an established and familiar visual feature of the neighborhood, community, or city. A & B 3 P91 HISTORIC PRESERVATION COMMISSION STAFF REPORT DRC2005-00776 - ROBERDS HOUSE April 25, 2007 Page 4 FacUs: The Roberds House is located on the site of the first house in the Alta Loma townsite. It was in close proximity to the railroad tracks, the packing house, and the first fire station in Alta Loma. The Roberds' telephone was used for fire ` calls. ,: r:::;,; .. ;. . ,CORRESPONDENCE: The Historic Landmark designation was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within 300 feet of the project site. RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend approval of Landmark Designation DRC2005-00776 and Mills Act Agreement DRC2007-00173 to be forwarded to the City Council for final action. Respectfully submitted, James R. Troyer, AICP Planning Director JRT:PMC\ma Attachments: Exhibit A -Location Map Exhibit B -Photographs of Roberds House Exhibit C -Agreement Schedule Exhibit D -Historic Resources Inventory (Completed April 4, 2007) Draft Resolution of Approval for Landmark Designation DRC2005-00776 A & B 4 P92 g ~~ LA VINE ST Location Map Subject Parcel 500 0 500 1000 Feet A & B 5 LOM~A DR P93 - - PICTORIAL EXHIBIT 7201 AMETHYST AVENUE RANCHO CUCAMONGA, CA 91701 BY HALL AND FOREMAN, INC 9130 ANAHEIM PLACE, SUITE 120 RANCHO CUCAMONGA, CA 91730 TEL: (909) 919-7800 FOR ROBERT BATHISH 1910 S. ARCHIBALD SUITE S ONTARIQ CA 91761 (909) 947-3600 F~wi,~rr,B A & B 6 P94 Figure i Figure 2 Looking Northerly up Amethyst Avenue from existing driveway. A & B 7 Looking Easterly at front on 7201 Amethyst Avenue P95 Figure 3 Looking Southerly at Amethyst Avenue from existing driveway. Figure 4 Looking Easterly along Northern property line adjacent to existing water reservoirs. A & B 8 P96 Figure 7 Looking Easterly from rear backyard. A & B 9 P97 Figure 5 Figure 6 Looking at Northerly property line adjacent to existing water reservoirs from rear backyard. A & B 10 City of Rancho Cucamonga Historic Preservation Commission MILLS.ACT AGREEMENT SUPPLEMENTAL: (To be completed by the Applicant) Please list the improvements which are intended to take place over the next 10 years. List them in order of owner's priority. YEAR IMPROVEMENT zoo? Ib W,NGUWS Qc-s~~c e~ sc,.. 41,wvo...s ~ oov:LS - L, ~~o ~s 2ao1 .Zc'STOCe G,¢c~:-,~t...v9 - 2 ica ,.gr ,.t ~GVg ~1 „1~ceoVC FD UN O,dr,c~ Zoo~j Q~QZiCL~ Gv-,ar,wl Al ~,10~~ FLOO ILS Z aO~ 7A,NT G ¢.t~~L tW TE L~QZ ~ot~$ IZ sP~„~GC E`[~~, Z.,OZ I~Z.a~S~ ToZLM ~..7Qa0 6C0~S IZ L oo4 2-c~°~+,~ c ~e5~-o Zc E+~,sT ~~+y L•A•,ur.G rF Co~u....~5-~¢v. ~~\ c PuJ 2004 FiLTO '(~ C-`~,ST ,N 'SN rv~.J C- DJC y_ I(_~IOQS ~Lht'c HAS - H c5 aN Go,v Y{A,wT6~+6.u Lc ~~'1=-R~C R•TsIFI~ATI®N.~~=~ ~ ~.~, •~,,, ~; xx~.~.+~€-~"~~zir ~t~.~~;,;ro~ I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. ~---- Date: y- s- z.~-, Signature_ ~'-'- 1 ExHia~rC Page I of 6 `Resource Name or #: (Assigned by rewrdeq Roberds House P7. Other Ident~er:. Nazarene Church "P2. Location: ^ Not fouP~blication ®Unrestricted ' a. County ~'S3n~Bernardino and (P2c, Pte, and P2b or P2d. AttaU a Location Map as necessary.) ` b. USGS 7.5'_Quad `:':Guasti' ~~ Date 1978 T _ R_ of of Sec. B.M. o Addres ':i~201=AmetFiy A nue~ City 'Rancho Cucamonga Zip 91701 d. UTM:`{GiJe'iridret6airorie for large and/or linear resources) Zone 11 444825 mE/ 3776000 mN e. Other Locational Data: (e.8~. Parcel p, directions to resource, elevation, etc., as appropriate) APN 202-161-04 `P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Roberds House is awest-facing, one-and-a half-story Craftsman bungalow with clapboard exterior walls and a rectangular floorplan with a central hall. The large, medium-pitched, side gable roof with projecting eaves is clad with composite shingles antl~features one large, centrally located shed roof dormer on each side of the roof. Each dormer has a clerestory (ribbon of four 6-light windows) spanning the length of the dormer. The main entrance consists of a pair of centrally-located multi-light casement doors framed by a large, gable-roofed porch with exposed rafter tails. The porch is supported by large concrete columns and features decorative king post trussing. Flanking the main entrance and porch are two pairs of French doors with simple wood surrounds. A wooden pergola supported by a simple concrete collonade spans the entire front and north facade of the house. A porte -couchere supported by identical concrete columns once extended over the driveway along the north facade of the house but has since been removed. The fenestration is predominately one-over-one double- hung sash with the exception of a ribbon of three one-over-one double-hung sash windows on the rear (east) elevation and the six-Igiht casement windows and louvred windows on the gable ends. The rear (east) facade features a small enclosed porch with wooden deck, stairs, and a shed roof. Adjacent to the small porch is the ribbon windown previously mentioned. A pair of French doors flanked by two pairs of casement windows sits above the pergola on the north facade. These French doors originally led out toa roof deck that has since been removed. Above the French doors is a louvred window. The interior of the house retains its original 1920s paneled doors, molded pine door and window trim, chair and plate rails, oak and pine floorings, and pressed-tin ceiling. The house also features original built-in cabinets • typical of Craftsman bungalows. , `P3b. Resource Attributes: (List attributes and codes) HP2 Single family property and HP16 Religious building `P4. Resources Preseht: ®Building ^ Structure ^ Object ®Slte ^ District ^ Element of District ^ Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) Front (west) elevation of 7201 Amethyst taken DPR Historic `P6. Date Constructed/Age and Source: ® Historic ^ Prehistoric ^ Both ca 1910 'P7. Owner and Address: Robert Bathish 10435 Lavender Ct. Rancho Cucamonga CA 91737 `P8. Recorded by: (name, affliction, and address) , Pei-Ming Chou City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga CA 91730 `P9. Date Recorded: April 4 2007 `P10. Survey Type: (Describe) RC Historic Landmark Designation Mills Ac[ artha Gaines 'The History of Atta Loma California 1880- yst Avenue 9532 Roberds Court 9540 Roberds Court, and m Merrill August 6 1987 `Attachments: ^ NONE ^ Location Map ^ District Record ^ Linear Feature Record ~Qther (List): ___ ® Continuation Sheet ®Building, Structure, and Object Record ^ Archaeological Record ^ Milling Station Record ^ Rock Are Record ^ Artifact Record ^ Photograph Record A & B 12 `Required information `P71. ~ Report Citation: (Cite survey report and other sources, or enter'none') Stoebe, Page 2 Bi. B2. B3. `65. •B8. of 6 Historic Name: Common Name: Original Use: Architectural SI •NRHP Status Code ' 'Resource Name or #: (ASSignetl by recorder) Roberds House 84. Present Use: Construction History: (Construction date, alterations, antl tlate of alterations) p_4_q:p_;]": --r; ~<;~_;;:,:,~ The Roberds House was constructed circa 1920 as the Nazarene Church. Circa 7920 the church was moved tothe~present site and converted info a residence. The large shed-roofed dormers, roof deck, and pergola were'adiie$et-the.lirne~of.d'oriversioh. a =S>:;" •B7. Moved7 ^ No ®Yes ^ Unknown Date: ca 7920 Original Location: approx. 1 mi. SE of present she •B8. Related Features: A two-bay garage with vertical wood sidings and a gable roof sits to the northeast of the house. Immediately adjacent to the rear of the house is a small wood shed. The lower portions of the walls are wood sided while the upper portion is screened in. The shed appears to have been used as a wash house but the original function of the house is unknown. 69. Architect: Unknown b. Builder: Unknown '810. Significance: Theme Residential Architecture Area Alta Loma Townsite Period of Significahce Developmment of Alta Loma Property Type Residential Applicable Criteria (Discuss importance in terms or historical or architectural centext as tlefned by theme, period, and geographic scope. Also atldress integrity.) The Roberds house was constructed circa 1910 as the Nazarene Church on a site approximately one mile southeast of its present site on the west side of Archibald Avenue. Circa 1920, Harry and Rilla Roberds purchased the site and moved it to the current location on Amethyst. At that time, eMensive rennovations were done to convert the house from a church into a residence. The Roberds house is an early example of adaptive reuse. The Roberds family once owned most of the land south of the Pack Electric Railroad tracks down to Base Line Road on both sides of Amethyst Avenue. Harry Roberds had come to Califomia with his family for his father's health and had a job working in the first packing house in Cucamonga. In 1913, He married Rilla Stephens, daughter of Douglas W. Stephens, a pioneer vinyardist of Cucamonga. The Roberds built the f rst house in the town of Alta Loma on the east side of Amethyst Avenue. After the birth of their son, the Roberds moved the original house father south, bought the Nazarene Church, moved it to the location of the original house on Amethyst Avenue, and remodeled the church into a residence. In 1920, the Fire Department was created and the Roberds' telephone was used whenever there was a fre. 611. Additional Resource Attributes: (List attributes antl codes) HP2 -Single family property •612. References: 1. Dana Slawson, "Preliminary Historical Resources Assessment for 7201 Amethyst Avenue, 9532 Roberds Court, 9540 Roberds Court, and 9548 Roberds Court", November 2005 2. Martha Gaines Stoebe, "The History of Alta Loma California 1880-1980", published 1981 3. DPR Historic Resources Inventory, prepared by Lynn Merrill, August 6 1987 673. Remarks: Original DPR completed in 1987. Site is approximately 0.93 ares. "814. Evaluator: Pei-Ming Chou, Associate Planner 'Date of Evaluation: April 4, 2007 (This space reserved for offcial comments) ~r O (Sketch Map with north arrow required) ~c-i~~' ~ ~1. _d' ~1 - 5 DPR 5236 (1195) ~ A & B ~ 13 'Required information 01 Page 3 of 6 'Resource Name or #: (AUignetl by recorder) Roberds House •Recordetl by: Pei-Ming Chou 'Date: April 4, 2007 ® Continuation ^ Update ADDITIONAL PHOTOS: DPR 523E (1/95) A & B 14 'Required information Rear (east) elevation South elevation Page 4 of 6 `Resource Name or #: (Assigned by recorder) Roberds House 'Recorded by: Pei-Ming Chou `Date: April 4, 2007 ® Continuation ^ Update ADDITIONAL PHOTOS: North elevation Garage DPR 523E (7/95) A & B 15 `Required information 03 ADDITIONAL PHOTOS: Built in sideboard in the kitchen DPR 523E (1/95) A & 6 16 'Required information Page 5 of 6 'Resource Name or #: (Assigned by rewrder) Roberds House 'Recorded by: Pei-Ming Chou 'Date: April 4 2007 ® Continuation ^ Update Shed at the rear of the house Page 6 of 6 `Resource Name or #: (Assigned q'recorder) Roberds House 'Recorded by: Pei-Ming Chou 'Date: April4 2007 ® Continuation ^ Update ADDITIONAL PHOTOS: Tin ceiling detail DPR 523E (1/95) A & B 17 'Required information P 105 RESOLUTION NO. 07-03 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF HISTORIC LANDMARK DESIGNATION DRC2005-00776 DESIGNATING THE ROBERDS HOUSE A;HISTORIC LANDMARK, LOCATED AT 7201 AMETHYST AVENUE AND MAKING"FINDINGS IN SUPPORT THEREOF-APN: 0202-161-04. ,,,. ,,>;.; s _, :,: . y. ...r. A: Recitals. ` 1 . Robert Bathish filed an application for Landmark Designation DRC2005-00776 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark Designation is referred to as "the application." 2. On April 25, 2007, the Historic Preservation 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 Historic Preservation 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. 'The application applies to approximately 0.93 acre of land, basically an L-shaped configuration, located at 7201 Amethyst Avenue. ' 3. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on April 25, 2007, including written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: a. Historical and Cultural Significance: Finding 1: The proposed Landmark is particularly representative of an historic period, type, style, region, or way of life. Facts: The Roberds House is representative of the Craftsman Bungalow. It is also an early example of adaptive reuse. Finding 2: The proposed Landmark is of greater age than most of its kind. FacUs: The Roberds House was originally constructed circa 1910 as the .Nazarene Church. Circa 1920,. the house was converted into a residence. Finding 3: The proposed Landmark was connected with someone renowned or important or a local personality. Facts: The Roberds House is connected with the Roberds family. Harry Roberds built the first house in the Alta Loma townsite. Rilla Roberds is the daughter of Douglas W. Stephens, a Cucamonga pioneer. A & B 18 P106 HISTORIC PRESERVATION CvMMISSION RESOLUTION NO. 07-03 DRC2005-00776 -ROBERT BATHISH April 25, 2005 Page 2 b. Neighborhood and Geographic Setting: Finding 1: The proposed Landmark materially benefits the historic character of the neighborhood. :';yam-;-~=;;,r.u r r>; - FacUs: The Roberds House is one of the few remaining historic buildings . _ representing Old Alta Loma. As the first house built in the"Alta',Loma-'" townsite, it was, along with the construction of the rail, the catalyst for the development of Alta Loma. Finding 2: The proposed Landmark in its location represents an established and familiar visual feature of the neighborhood, community, or city. Facts: The Roberds House is located on the site of the first house in the Alta Loma townsite. It was in close proximity'to the railroad tracks, the packing house, and the first fire station in Alta Loma. The Roberds' telephone was used for fire calls. 4. This Commission hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, ahd the Guidelines promulgated thereunder. The Council finds that this Landmark Designation is exempt under CEQA, pursuant to State CEQA Guidelines Section 15331, as a Class 31 exemption (historical resource restoration/rehabilitation). 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, the Historic Preservation Commission of the City of Rancho Cucamonga hereby recommends approval of Landmark Designation DRC2005-00776. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF APRIL 2007. HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam Stewart, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 25th day of April 2007, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: A & B 19 P107 RESOLUTION NO. 0 ~ ~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2005-00776 DESIGNATING THE ROBERDS HOUSE A HISTORIC LANDMARK, LOCATED AT 7201 AMETHYST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0202-161-04'. A. Recitals. 1. Robert Bathish filed an application for Landmark Designation DRC2005-00776, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On April 25, 2007, the Historic Preservation Commission of the City' of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval. 3. On June 6, 2007, the City Council held their.meeting and approved Landmark Designation DRC2005-00776. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The application applies to approximately 0.93 acres of land, basically a L-shaped configuration, located at 7201 Amethyst Avenue. 3. Based upon substantial evidence presented to this Council, including minutes of the public hearing by the Historic Preservation Commission on April 25, 2007, written and oral staff reports, togetherwith public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Council hereby makes the following findings and facts: FACT FOR FINDING: A. Historical and Cultural Significance: Finding 1: The proposed Landmark is particularly representative of an historic period, type, style, region, or way of life. Facts: The Roberds House is representative of the Craftsman Bungalow. It is also an early example of adaptive reuse. Finding 2: The proposed Landmark is of greater age than most of its kind. Facts: The Roberds House was originally constructed circa 1910 as the Nazarene Church. Circa 1920, the house was converted into a residence. P108 CITY COUNCIL RESOLUTION NO.XXXX LANDMARK DESIGNATION DRC2005-00776 June 6, 2007 Page 2 Finding 3: The proposed Landmark was connected with someone renowned or important or a local personality. Facts: The Roberds House is connected with the Roberds family. Harry Roberds built the first house in the Alta Loma townsite. Rilla Roberds is the daughter of Douglas W. Stephens, a Cucamonga pioneer. B. Neighborhood and Geographic Setting: Finding 1: The proposed Landmark materially benefits the historic character of the neighborhood. Facts: The Roberds House is one of the few remaining historic buildings representing Old Alta Loma. As the first house built it the Alta Loma townsite, it was, along with the construction of the rail, the catalyst for the development of Alta Loma. Finding 2: The proposed Landmark in its location represents an established and familiar visual feature of the neighborhood, community, or city. Facts: The Roberds House is located on the site of the first house in the Alta Loma townsite. It was in close proximity to the railroad tracks, the packing house, and the first fire station in Alta Loma. The Roberds' telephone was used for fire calls. 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, as Landmark Designations are exempt under CEQA, section 15331 as a Class 31 exemption (historical resource/restoration/rehabilitation). 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City Council of the City of Rancho Cucamonga hereby approves Landmark Designation DRC2005-00776. 6. The City Clerk shall certify to the adoption of this Resolution. P109 RESOLUTION NO. D 7" ~~ T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MILLS ACT CONTRACT DRC2007-00173 FOR THE HISTORIC PROPERTY LOCATED AT 7201 AMETHYST AVENUE - APN: 0202-161-04. A. Recitals. (i) The Mills Act, beginning at Section 50280 of the Government Code, authorizes the City of Rancho Cucamonga to enter into a contract with the owner or the agent of an owner of any qualified historical property to restrict the use of the property in a manner which the City Council deems reasonable to carry out the purposes of the Mills Act. (ii) Section 50280.1 of the Government Code provides that a qualified historical property includes any privately owned property which is not exempt from property taxation and is listed in the City's official register of historical or architecturally significant sites, places, or landmarks. (iii) The property located at 7201 Amethyst Avenue, in the City of Rancho Cucamonga, County of San Bernardino, State of California, identified by San Bernardino County Assessor's Parcel Number(s) 0202-161-04 and more particularly and legally described in Attachment A and incorporated herein by reference (the "Property")has been designated as a historic landmark by City Council Resolution No. on June 6, 2007, is listed on the City's current register of approved historic landmarks and is not exempt from property taxation. The Property therefore meets all the criteria necessary to be deemed a qualified historical property under the Mills Act. (iv) The owner of the Property is Robert Bathish (the "Owner"). (v) The Owner of the Property has applied to the City for a Mills Act contract. (vi) Both the Owner and the City desire to enter into a Mills Act contract to protect and preserve, and when necessary, restore and rehabilitate the Property so that it retains its historical and cultural significance. (vii)The proposed Mills Act contract meets the requirements outlined in Sections 50281 and 50282 of the Government Code. B. Resolution. NOW, THEREFORE, the City Council of Rancho Cucamonga does hereby find, . determine and resolve as follows: 1. This Council hereby specifically finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Council hereby approves the Mills Act Contract attached hereto as Attachment B and incorporated herein by this reference. 3. The City Clerk shall certify to the adoption of this Resolution. P110 CITY COUNCIL RESOLUTION NO. 07- MILLS ACT APPLICATION DRC2007-00173 - ROBERT BATHISH June 6, 2007 Page 2 AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, 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 the said City Council held on the 6th day of June, 2007. Executed this day of 20_, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk P111 ATTACHMENT A Legal Description of Property Subject to Mills Act Contract CUC HD ASSN BEG AT PT W H1 CH 1 S TH SW COR OF ALTA LOMA TOW NS1 TE TH S 100 FT TH E 140 FT TH S 50 FT TH E 185.93 FT TH N 150 FT TH W TO PT BEG PORTi ON OF LOT 6 BLK 8 P112 ATTACHMENT B Proposed Mills Act Contract P113 RECORDING REQUESTED BY and when RECORDED MAIL T0: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this 6th day Of June, 2007, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "city") and Robert Bathish (hereinafter referred to as the "owner"). W ITN E S S E T H A. R2CltalS. (i) California Government code Section 50280, et seq. authorize cities to enter into contracts with the owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Roberds House and generally located at the street address 7201.Amethvst -1- Street Rancho cucamonaa. Ca 91701 (hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "a" and is incorporated herein by this reference; (iii) On Tune 6. 2007, the City Council of the City of Rancho Cucamonga adopted its Resolution No. * thereby declaring and designating the Historic property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and, (iv) City and owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the 'characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code. s. agreement Now, THEREFORE, City and Owner, in consideration of the mutual covenants and .conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This agreement shall be effective and commence on Tune 6. 2007, and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either owner or City desires in any year not to renew the Agreement, owner or city shall serve written notice of nonrenewal of the agreement on the other party in advance of the annual renewal date of the agreement. unless such notice is served by owner to City at least 90 days prior to the annual renewal date, or served by City to Owner at least 60 days prior to the annual renewal date, one year shall automatically be added to the term of the agreement as provided herein. owner may make a written protest P114 -2- P115 of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to Owner of nonrenewal. If either City or owner serves notice to the other of non renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "e," and. incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the city Council, attached hereto as Exhibit "C." c. owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, state aoard of Equalization, and the City, as may be necessary to determine owner's compliance with the terms and provisions of this Agreement. 4, Provision of Information of corporation. owner hereby agrees to furnish City with any and all information requested by the city which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government code Sections SOZ80, et seq., may cancel this -3- P116 agreement if it determines that Owner breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this agreement if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this agreement. In the event of cancellation, owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this agreement. In the event of a default, under the provisidns of this agreement by owner, City shall give written notice to owner by registered or certified mail addressed to the address stated in this agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within 30 days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or default may be commenced within 30 days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against ,any violation by Owner or apply for such other relief as may be appropriate. city does not waive any claim of default by avner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this agreement. No waiver by City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereinunder. 7. sinding Effect of agreement. the Owner hereby subjects the Historic Property described in Exhibit "a" hereto to the covenants, reservations, -4- P117 and restrictions as set forth in this Agreement. city and owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that owner's legal interest in the Historic Property is rendered less valuable thereby. City and owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. To City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner To Owner: Robert Bathish 10435 Lavender Court Rancho Cucamonga, CA 91737 -5- P118 9. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of owner's activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. in the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. -6- P119 e. in the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 10. Recordation. No later than 20 days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. The owner shall be responsible for any fees required by the County for recording this Agreement. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: William 7. Alexander, Mayor Dated: By: ' owner Dated: By: owner -7- P120 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) on Kathy Scott, Deputy city clerk of the City of Rancho Cucamonga, personally appeared WILLIAM 7. ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in hi,s authorized capacity, and that by his signature on the instrument, the person. or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Kathy Scott Deputy City Clerk City of Rancho Cucamonga STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On the day of 20_, before me Notary Public, personally appeared personally known to me or proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and the by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State -8- P121 LEGAL DESCRIPTION for v., F.....r o.. t l,i cF,. 1 F/'V` `.-` Q~ t M}K.c~ 7201 Amethyst Avenue Rancho Cucamonga, CA 91701 CUC HD ASSN BEG AT PT WH1CH 15 TH SW COR OF ALTA LOMA TOWNSITE TH S 100 FT TH E 140 FT TH S SO FT TH E 185.93 FT TH N 150 FT TH W TO PT BEG PORTION OF LOT 6 BLK 8 Exhibit "A" -9- P122 THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS 1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. 5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8.EVery reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. 9. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 10. wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Exhibit "B-1" -10- P123 PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls, and windows; 2. Scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. Stagnant water or excavations, including pools or spas; S. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT ~~B-2~~ -11- P124 POTENTIAL HOME IMPROVEMENTS • for (Applicant's Name and Address) The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation.COmmission's.staff. ITEM YEAR TASK 1 2 3 4 5 6 7 8 9 2007 2007 2008 2008 2008 2008 2009 2009 ongoing EXHIBIT '~C" Restore and seal windows and doors (16 windows, 7 doors) Restore fireplaces (2 existing) Improve foundation Restore existing wood floors Paint and caulk exterior Replace exterior front porch wood and beams (12) Repair and restore existing concrete columns (4 at front porch) Restore existing interior door knobs, latches, hinges Maintenance -12- P125 STAFF REPORT - l CO~ImfUI~~ITl' SERVICES DEP.1R'P,bfENT RANCHO Date: May 17, 2007 G'UCAMONGA To: Park and Recreation Commission From: Kevin McArdle, Community Services Director By: JoAnn Gwynn, Community Services Supervisor Subject: CONSIDERATION OF A LIGHT VARIANCE REQUESTED FOR MINORS, MAJORS, JUNIORS AND SENIOR DIVISIONS ALL-STAR TOURNAMENT HOSTED BY ALTA LOMA AND CITRUS LITTLE LEAGUES DURING JULY 2 -AUGUST 4, 2007, AT HERITAGE AND RED HILL COMMUNITY PARKS RECOMMENDATION It is requested that the Park and Recreation Commission approve a temporary variance of the Light Usage Policy to allow use until 11:00 p.m. on the little league (60') and senior division (90') fields at Heritage and Red Hill Parks July 2 -August 4, 2007 (excluding Sundays). Any use after 10:00 p.m. will be limited within those parameters as mentioned below and per the requirements listed in the attached Light Variance Policy. Staff is recommending that the Commission forward their recommendation to the City Council for final consideration. BACKGROUND District 21 Little League, on behalf of Alta Loma and Citrus Little Leagues, who is hosting this regional All-Star Little League tournament, is requesting this particular item. They currently plan to host the Minors and Junior Divisions at Heritage Community Park and the Major and Senior Divisions at Red Hill Community Park. The current sports field policy curfew is 10:00 p.m. The Light Variance Policy allows for light variance requests that would enable youth sports groups to use the field lights past the standard curfew of 10:00 p.m. Monday through Saturday for special occasions such as regional Little League All-Star Playoffs. If a variance to the field policy curfew is approved, this allows games to continue past 10:00 p.m. because injuries, extra innings, or other reasons that have caused game(s) to last longer than scheduled. Most games will conclude by 10:00 p.m. Similar tournaments have been hosted over the past several years and variances have been permitted on a regular basis. The Community Services Department has not received any complaints during the last seven years that Little Leagues All-Star Competitions have been conducted at Heritage and Red Hill Park Community Parks. Some of the more important requirements that the little CONSIDERATION OF A LIGHT VARIANCE REQUESTED FOR MINORS, MAJORS, Pr~GE 2 JUNIORS AND SENIOR DIVISIONS ALL-STAR TOURNAMENT HOSTED BY ALTA LOMA AND CITRUS LI"ITLE LEAGUES DURING JULY 2 -AUGUST 4, ?007, AT HERITAGE AND RED HILL COMMUNITY PARKS MA1' 17, ?007 leagues will be bound to are listed within the Light Variance Policy and include, but are not limited to the following: 1. "NO PARKING" signs will be posted on the resident side of streets adjacent to the parks in use on Saturdays and Sundays by the requesting organization with signs provided by the City. 2. Amplified sound systems will be checked prior to the tournament. Staff will drop in unannounced to monitor at least three times a week during the tournament. Announcing will be limited to: General welcome Introduction of teams Announcement of player to the plate Recap of runs and score between innings Play-by-play announcing will not be permitted 3. Furthermore, power limits are to be set so as not to exceed 74DBA at 300 feet in circumference from the source or property line, whichever is closer. 4. The P.A. system use will be permitted only between the hours of 9:00 a.m. and 9:30 p.m. Monday through Saturday, unless otherwise approved by City Council. No lights are permitted on Sunday. ANALYSIS The requested light variance would apply to the three baseball diamonds located at Heritage Park and the two baseball diamonds on the north side of Red Hill Park. Staff requests the Park and Recreation Commission continue with their current policy of providing a curfew light variance only for extended, overtime or extra innings, which is necessary for tournament play. Respectfully submitted, Kevin McArdle Community Services Director P126 Attachment: Light Variance Policy CITY OF RANCHO CUCAMONGA COMMUNITY SERVICES DEPARTMENT LIGHT VARIANCE POLICY RANCHO POLICY NO.: 500-40 PAGE 1 OF 3 C;UCr1'~40NGA EFFECTIVE: November 1, 1992 G'ALIPORNIA REVISED: January, 2001 APPROVED: March 15, 2007 SUBJECT: LIGHT VARIANCE POLICY PURPOSE: To specify guidelines for the request and use of sports field lights after normal operating hours. POLICY: The following procedures will be followed by all community based youth sports organizations who desire to request and use lighted sports fields after normal operating hours. GENERAL POLICIES AND GUIDELINES: There are some occasions throughout the year that may require a youth sporting event to exceed the normal 10:00 p.m. sports fields' light curfew. However, it is important to develop some procedures that insure that neighboring residents are not negatively impacted by an approved light variance. Outlined below is a set of guidelines that specifies a process for requesting such a variance and how it should be implemented. Non-profit community based youth sports organizations may request a variance to extend light use for City park sports fields beyond normal operating hours. Current operating hours conclude at 10:00 p.m. Monday through Saturday and no use of lights is permitted on Sundays. 2. The request must be for a special occasion of some type such as Regional Little League All Star Playoffs, etc. The variance is limited only to games that were scheduled to conclude by 10:00 p.m. -but because of injury, extra innings, or other unforeseen circumstances the game was not able to finish in time. Normal league play or practices are not eligible for consideration under this request. A request must be submitted in writing to the Community Services Director two months prior to their requested use. This allows the department to review their request and ,submit it for review and approval to the Park and Recreation Commission and the City Council. 4. The request must then be presented to the Park and Recreation Commission for their review and approval. 32 P1 LIGHT VARIANCE POLICY PAGE2of3 The Park and Recreation Commission must then forward their recommendation to the City Council for their final review and approval. 6. If such a request receives final approval from City Council then that organization . must provide home phone numbers and a fact sheet giving details of the tournament. Furthermore, it must be distributed by the leagues or organization to homeowners within two blocks of the City park (s) two weeks before the tournament or event. The flier must be delivered in person to each resident orweighted in some fashion to their doorstep. The flier will include home phone numbers of a district or regional representative and any league presidents. In addition, any pay or designated phones at the sports fields will also be provided so immediate contact can be obtained with the tournament directors. This will be.accomplished at league expense. 7. "NO PARKING" signs will be posted on the resident side of streets adjacent to parks in use on Saturdays and Sundays by the requesting organization with signs provided by the City. 8. A separate flier will be distributed to league or tournament participants stating that no noisemakers are allowed and that participants/guests are requested to leave the park area quietly. OverFlow parking will be monitored by the requesting organization and signage provided directing participants to park at additional parking facilities nearby. Prior approval must be obtained to use these parking facilities. 10. Organized scheduled athletic events sound amplification equipmentwill be allowed in City parks, but limited to public address systems, stereo equipment, stationary and portable components and bull horns, subject to the following conditions: a. Request to use the Public Address (P.A.) System must be included on the field use application or submitted separately prior to any usage. b. Amplified sound systems will be checked prior to the tournament or event and the organization must keep the level of sound below the City's required decible level. Staff will drop in unannounced to monitor at least three times a week during the tournament. A fee of $90 will be paid in advance to cover monitoring costs. If additional monitoring is needed, the user organization will be billed at $10.00 an hour. Announcing will be limited to: • General welcome. • Introduction of teams. • Announcement of player to the plate. • Recap of runs and score between innings. 33 LIGHT VARIANCE POLICY PAGE 3 of 3 Furthermore, power limits are to be set so as not to exceed 74DBA at 300 feet in circumference from the source or property line, which ever is closer. No sound from a Community Services approved event can exceed a noise level (slow, 74dBA, "A" weighted scale) measured at the nearest property line, for a cumulative period of not more than five (5) minutes in any one hour, whether or not the sounds are live, recorded, amplified or necessary to the event (i.e. generators). d. All user organizations will be responsible for guaranteeing the sound level not exceed 74DBA. The direction of sound from the P.A. System speakers will be toward spectators and/or bleacher areas and away from residential areas. f. The P.A. System use will be permitted only between the hours of 9:00 a.m. and 9:30 p.m. Monday through Saturday, unless otherwise approved by City Council. g. Only persons 18 years and older will be allowed to operate the Public Address System. h. All Public Address System use for athletic events must pertain to the game being played. Special announcements should be kept to a minimum. In no case will play-by-play announcing be permitted. Failure to comply with the above requirements by user groups will result in one of the following: First Offense: Verbal warning followed by written communication. Second Offense: Payment of staff time to monitor sound system at rate set in Music and Amplification Policy at the next set of games. • Third Offense: Loss of system use. 11. Sports field lights are to be turned off as soon as possible after the completion of the last game, but not to exceed 11:00 p.m. l: COMMSERVIPoliciesl Policies-ApprovedPOlicieslLightVariancePolicyapproved07 34 STAFF REPORT COMMUNITY SERVICES DEPARTMENT RANCHO Date: June 6, 2007 C',UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director By: Paula Pachon, Management Analyst III Subject: CONSIDERATION OF PROPOSED FEE MODIFICATIONS FOR COMMUNITY SERVICES PROGRAMS AND FACILITIES RECOMMENDED BY THE PARK AND RECREATION COMMISSION RECOMMENDATION The Park and Recreation Commission recommends that City Council approve the attached proposed fee modifications for Community Services programs and facilities. BACKGROUND/ANALYSIS Traditionally the Community Services Departmental fees have been a part of the City's comprehensive fee resolution. Based on information received through the City Attorney's Office, the Department is not required to amend or adopt fees through this citywide process. Rather, the Department will take proposed fee modifications directly to the Council for review and approval. As apart of this new process, the Department has taken the attached proposed fee modifications to the Park and Recreation Commission for their input. This was done at their regular meeting on May 17, 2007. In the attached document, proposed deletions to the Department's fee schedule are noted in strakeeut and proposed additions/changes are noted in bold red type. As a part of the process of analyzing fees for the Department, staff has identified additional room venues at our Central Park facilities that are being requested to be added to the fee schedule. These are rooms that originally were not included as their potential use as rental amenities was unsure at the time the facilities opened. You will note that page 2 and 3 of the attached proposed fee schedule contains a facility matrix for Department Community Center fees/charges. A recommendation is being made to add fee charges in this matrix for the following rooms: Cardio Peak and Crafter's Den at the James L. Brulte Senior Center and Creative Corner, Dance Trail, Chipmunk, Fox and Raccoon at the Goldy S. Lewis Community Center. The Civic Center Courtyard/Rains Conference Room at the Civic Center and the Teen Center at the RC Family Sports Center have also been added to this fee matrix rather than being including separately in the fee schedule to create an easier to use document. As noted on page 5 of the attached proposed fee schedule, the Cultural Center is requesting to add a fee for use of 2/3 of Celebration Hall. This new fee is being recommended based on experience in working with renters during the first year of the Center's operation. The addition of this new fee will allow renters to use 2 sections of the Hall when additional space is needed and not have to rent the full room, thereby saving renters money. P130 P131 CONSIDERATION OF PROPOSED FEE MODIFICATIONS FOR COMMUNITY SERVICES PAGE 2 PROGRAMS AND FACILITIES RECOMMENDED BY T'HE PARK AND RECREATION COMMISSION 1LJNE 6, zoo? Oh a more global basis, the staff hourly fee for facility rentals has been increased from $10.00 to $12.00 per hour to reflect the actual cost for the delivery of this service. Per Day Fees for equipment items such as coffee pots, easels, flip charts, etc. (see pages 45) at our Community Centers are being requested to be eliminated from the Department's fee schedule again to be more user friendly to our renters. Note on page 6 of. the proposed fee schedule, however, that per day equipment fees for items at the Cultural Center are still included and have in fact been expanded by two new items that are often requested by renters. Per day equipment fees are necessary at the Cultural Center due to complexity of the facility and the specialization of equipment needed. Box Office Fees (see page 6) are requested to be officially added to the Department's fee schedule. These fees were approved in a separate action by the City Council prior to "the opening of the Cultural Center. The all day fee for field rental at the Epicenter for tournaments and leagues fees (see page 9) is requested to be increased based upon a survey of local softball facilities. The recommended increase of this fee will bring rental of the Epicenter softball fields to a competitive market level. Basketball court rentals at the RC Family Sports Center (see page 11) are being requested to change from a 2-hour block of time to an hourly rate to again make the Department's fees more competitive with local venues and to be more user friendly to our renters. It is recommended that the fee for use of 1/6 of the Special Event Lot (parking lot G) at the Epicenter be deleted from the fee schedule (see page 12). This recommendation is based on lack of interest from renters for use of such a minimal area that is located within a larger event space. Lastly, the addition of an annual user fee for the Senior Transportation Program (see page 1) is being recommended. The Senior Advisory Committee has discussed the addition of this fee and has indicated their support of such of fee. In reviewing other city's senior transportation program fees, an annual fee of twenty-five dollars is the norm. As with all Community Services Department programs and activities should an individual, in this case a senior citizen,'not be able to pay this annual fee they may apply for scholarship assistance from the Department. The attached proposed fee schedule was reviewed by the Park and Recreation Commission at their May meeting. No modifications were made by the Commission to the proposed fees. The Commission voted to recommend approval of the Community Services Department's Fees and Charges Schedule to the City Council. Ily submitted, Kevin cArdle ~ ~~ Commu ity Services Director I:ICOMMSERVI Council&Boardsl CityCouncillStaffReports120071 Dept. Fee. Modifications.6.6.07. doc P132 Community Services Department Fees and Charges Schedule Following are current fees for recreation activities and rentals. All consumable costs are to be recovered. Definition of classes of fees by group: GROUP 1: City of Rancho Cucamonga sponsored and co- sponsored events and other governmental agencies GROUP 2: Non-profit, civic, athletic, social organizations, churches and schools which are located and based in the City. Applies to those functions that provide a service to the community of Rancho Cucamonga. GROUP 3: City resident private parties, employee organizations, political candidate fundraisers and social events. City resident non-profit functions that do not meet Group 2 criteria. Non-resident, non-profit, civic, social organizations and schools. GROUP 4: City resident commercial, business and profit making activities. Non-resident private parties, . employee associations, commercial, business, profit making organizations and churches. Neighborhood and Community Park Lighted Sports Venue Fees All Rancho Cucamonga based youth sports organizations which are recreation in nature and meet an overall residency rate of a minimum of 80% will have their light fee waived in full. Other sports organizations will pay their light fee in full (100%) for the electrical costs only. Senior Transportation Program A $25.00 annual user fee is applied to all residents using the Senior Transportation Program. C lasses/Workshops/Programs Classes and workshops shall be structured on acost-covering basis, and fees shall be set based upon the market rate of similar programs provided in the cities of Chino, Fontana, Ontario and Upland. Non-Resident Charge A $10.00 fee shall be paid by each non-resident, each class, each team member, each season, to participate in City- sponsored classes. Said fee is payable at the time of registration. Non-Resident Charge does not include one- dayactivities or any trips sponsored by the City. Community Center Facility Rentals Hourly fees are based upon weekday use, Monday through Thursday from 8:00 a.m.-10:00 p.m. and on Friday from 8:00 a.m.-5:00 p.m. An increased rate for weekend use will be applied to Friday night use after 5:00 p.m. and all use on Saturday, Sunday and holidays. NOTE: All non-profit community based youth organizations are permitted one free board meeting or membership meeting per month. Each non-profit group may use one room without charge for participant registration no more than twice prior to their season and no more than four hours for each use. Groups who require room use beyond the abdve criteria are charged the Group 2 building rental hourly fees.. P133 City of Rancho Cucamonga Facility Listings City of Rancho Cucamonga Faciliy Listings Fees Per Hour M - F 8 am - 5 pm "Staff charges applied when applicable Fees Per Hour - M - F before Sam and after 5:00 pm All day Saturday and Sunday "State ch es a lied when a licable Room Name Group l Group 2 Group 3 Group 4 Room Name Group 1 Group 2 Group 3 Group 4 Room Size Refundable De osit Central Park- Brulte Senior Center Central Park- Brul[e Senior Center David Dreier Event Hall A B B $ - $23.00 $75.00 $85.00 David Dreier Event Hall A& B $ - $38.00 $95.00 $104.00 Event $ 500.00 EvrntA $ - $15.00 $50.00 $57.00 EventA $ - $25.00 $63.00 $69.00 Large $250.00 Event B $ - $15.00 $50.00 $57.00 Event B $ $25.00 $63.00 $69.00 Large $ 250.00 Cardio Peak $ - $15.00 $60.00 $65.00 Cardio Peak $ - $25.00 $70.00 $60.00 Small $100.00 Crafters Den $ - $10.00 $35.00 $45.00 Crafters Den $ - $15.00 $50.00 855.00 Small $100.00 Timber MOUntaln / Gold Ridge $ $15.00 $47.00 $57.00 Timber Mountain/ Gold Ridge $ $25.00 $66.00 $75.00 Large $ 250.00 Timber Mountain $ - $10.00 $31.00 $38.00 Timber Mountain $ $15.00 $44.00 $50.00 Small $ 100.00 Gold Ridge $ $10.00 $31.00 $38.00 Gold Ridge $ $15.00 $44.00 $50.00 Small $ 100.00 Clay Creek $ $15.00 $50.00 $57.00 Clay Creek $ $25.00 $63.00 $69.00 Large $ 250.00 Game Point $ - $15.00 $50.00 $57.00 Game Point $ - $25.00 $63.00 $69.00 Large $ 250.00 Mesa Courtyard $ - $10.00 $31.00 $38.00 Mesa Courtyard $ $15.00 $44.00 $50.00 Event Space - Lar e $ 500.00 Lookout Lounge $ - $10.00 $31.00 $38.00 Lookout Lounge $ $15.00 $44.00 $50.00 Small $ 500.00 Large Kitchen $ - $20.00 $25.00 $35.00 large Kitchen $ $20.00 $25.00 $35.00 N/A N/A Central Park-Goldy Lewis Community Center Central Park-Goldy Lewis Community Center Rancho Cucamonga Hall $ - $38.00 $125.00 $142.00 Rancho, Cucamonga Hall $ - $63.00 $158.00 $173.00 Event $ 500.00 Alta Loma $ $15.00 $50.00 $57.00 Alta Loma $ - $25.00 $63.00 $69.00 Large $ 250.00 Cucamonga $ - $15.00 $50.00 $57.00 Cucamonga $ - $25.00 $63.00 $69.00 Large $ 250.00 Etiwanda $ $15.00 $50.00 $57.00 Etiwanda $ - $25.00 $63.00 $69.00 Large $ 250.00 Creative Corner $ $15.00 $55.00 $65.00 Creative Corner $ - $25.00 $70.00 $80.00 Small $100.00 Dance Trail $ $15.00 $55.00 $65.00 Dance Trail $ - $25.00 $70.00 $80.00 Small $100.00 Chipmunk $ $10.00 $35.00 $45.00 Chipmunk $ - $15.00 $50.00 $55.00 Small $100.00 Fox $ - $10.00 $35.00 $45.00 Fox $ - $15.00 $50.00 $55.00 Small $100.00 Raccoon $ $10.00 $35.00 $45.00 Raccoon $ - $15.00 $50.00- $55.00 Small $100.00 Grizzly Gulch / Bear Flat $ $15.00 $47.00 $57.00 Grizzly Gulch / Bear Flat $ - $23.00 $66.00 $75.00 Large $ 250.00 2 Griuly Gulch $ - $10.00 $31.00 $38.00 Grizzly Gulch , $ $15.00 $44.00 $50.00 Small $ 100.00 Bear Flat $ - $10.00 $31.00 $38.00 Bear Fla[ $ - $15.00 $44.00 $50.00 Small $ 100.00 Big Hom $ - $10.00 $31.00 $38.00 Big Hom $ $15.00 $44.00 $50.00 Small $ 100.00 Teen Lodge $ $15.00 $50.00 $57.00 Teen Lodge $ - $25.00 $63.00 $69.00 Large $ 500.00 Large Kitchen $ $20.00 $25.00 $35.00 Large Kitchen $ - $20.00 $25.00 $35.00 N/A N(A _ Arrow Center Arraw Center Mission $ - $15.00 $50.00 $57.00 Mission $ - $25.00 $63.00 $69.00 Large $ 250.00 Zinfandel $ - $15.00 $47.00 $57.00 Zinfandel $ - $23.00 $63.00 $75.00 Large $ 250.00 Zinfandel North $ - $10.00 $31.00 $38.00 Zinfandel North $ - $15.00 $44.00 $50.00 Small $ 100.00 Zinfandel South $ - $10.00 $31.00 $38.00 Zinfandel South $ $15.00 $44.00 $50.00 Small $ 100.00 Thompson $ - $10.00 $31.00 $36.00 Thompson , $ - $15.00 $44.00 $50.00 Small $ 100.00 Grenache $ - $10.00 $31.00 $38.00 Grenache $ - $15.00 $44.00 $50.00 Small $ 100.00 Muscat $ $10.00 $31.00 $38.00 Muscat $ $15.00 $44.00 $50.00 Small $ 100.00 Latge Kitchen $ - $20.00 $25.00 $35.00 Large Kitchen $ $20.00 $25.00 $35.00 N/A N/A Lions Center Wes[ Lions Center West Brookside $ - $15.00 $50.00 $57.00 Brookside $ - $25.00 $63.00 $69.00 Large $ 250.00 Filippi $ - $15.00 $50.00 $57.00 Filippi $ $25.00 $63.00 $69.00 Large $ 250.00 Guasti $ - $10.00 $31.00 $36.00 Guazti $ $15.00 $44.00 $50.00 Small $ 100.00 Opici $ - $10.00 $31.00 $38.00 Opici $ - $15.00 $44.00 $50.00 Small $ 100.00 Small Kitchen $ - $7.00 $12.00 $20.00 Small Kitchen $ - $7.00 $12.00 $20.00 N/A N/A Lions Center East Lions Center East Regina $ . - $15.00 $50.00 $57.00 Regina $ - $25.00 $63.00 $69.00 Large $ 250.00 Thomas $ $10.00 $31.00 $38.00 Thomas $ $25.00 $63.00 $69.00 Small $ 100.00 Aggauotti $ - $10.00 $31.00 $38.00 Aggauotti $ - $15.00 $44.00 $50.00 Small $ 100.00 Galleano $ $10.00 $31.00 $38.00 Galleano $ $15.00 $44.00 $50.00 Small $ 100.00 RC Family Sports Center RC Family Sports Center Fagle $ - $10.00 $31.00 $38.00 Eagle $ - $15.00 $44.00 $50.00 Small $ 100.00 Hawk $ - $10.00 $31.00 $38.00 Hawk $ $15.00 $44.00 $50.00 Small $ 100.00 Cardinal $ - $10.00 $31.00 $38.00 Cardinal $ - $15.00 $44.00 $50.00 Small $ 100.00 Tern Center $ - $15.00 $31.00 $38.00 Teen Center $ - $15.00 $44.00 $50.0 Small $29&89 $250.00 Civic Center Courtyard Civic Center Courh~ard Mon-Thurs 8:00 -10:00 m B Fri 8-5 m Friday 5:00 m -Sunday Cou $ - $28:00 $10.00 $20$0 $31.00 $50:09 $38.00 Courtyard $ $2&00 $15.00 $20:00 $44.00 $50.00 Event S ace $200.00 Rains Room in Conjunction with Civic Center Courtyard Rental $ $10.00 $31.00 $38.00 Rains Room in Conjunction with Civic Center Courtyard Rental $ $15.00 $44.00 $50.00 N/A 'Four (4) hour minimum charge for event room use on Friday after Spm, Saturday, and Sunday Refundable Deposit: P134 A renter's Refundable Deposit will be returned as long as there is no damage to the facility, no overage of time and the renter has been compliant with the rental policies of the Department. Cancellation Fee: A cancellation fee for all room rentals shall be assessed as follows: • 14 or more calendar days notice -full refund of all fees • 7-13 working days notice - 50% refund of all fees • 1-6 working days notice - 25% refund of all fees • No notice (no shows) - refund of Refundable Deposit only. Facility Decorating Discount: Rooms may be reserved for up to two (2) hours prior to and after the event at the rate of 50% of the normal room rental rate for the purposes of set-up and removal of decorations. Overtime Fee: For rentals that go over in time from their rental contract a fee will be assessed equal to staff cost plus rental fee to be calculated at a rate of time- and-a-half. Other Fees: If additional City staff is required, services will be charged at the rate of $a8-°B $72.00 per hour for staff time. At the discretion of the Community Services Director, an additional Refundable Deposit may be required according to event/rental requirements and the City's liability exposure. Refundable Deposit fees will be applied to all groups whose use of the room (s) is defined as a party, reception, dance or includes the use of food, beverages or any other application that provides risk of damages. Ari additional $SOO.oo Refundable Deposit and a $50.00 Administration Fee will be required for alcohol use at approved alcohol use City facilities. Refundable Deposit fees may range from $100.00 (small rooms) to $500.°°(banquet rooms). ref-9ay-Fees Rta• ~~,,... D rem . .v m: ail` es ~ , --~-~~ ........ ........... .......... , o. ~.. ., co..;..e - ............... a °S-g ..................... m . ........... ... nn• -.....h...,e ~~ 099 DA C 4 /~.....II\ ....... .....................~w-~ ....... ..................... m D.. a' ... ..: 44. DA miv.~ ~'....{..r/ll..e rhe~.l ..... ..................... e1 n ~ ~~~..t,../Cra° eon ~ ..................... ~oo~ ......................... ..................... eon ~{y~n...,.e\ .................. eGn ~ ................. ~~ /~..,..u\ ~~ ................... eon ~ P135 ~V~~,-la9 er ....................... Victoria Gardens Cultural Center P136 Victoria Gartlens Cultural Center Facility Rental Fees Fees Per Hour - 8:00 am - 10:00 pm Monday -Thursday Fees Per Hour -Friday 5:00 pm -Saturday and Sunday (4 hour minimum use required) Friday 8:00 am - 5:00 pm a,=x+ F'mc<~ ~,,. w r .-.'tv1< f ...:,_ m.,. r x:"ii_~..~.~ _Yp 3u~'~'t~~d~- .at£'8u'"eseC.Juk~`SCe.~.L'Y.•SL1.,:J~..'1.1~]S..w.N..... n.r!a ?.+. f C~~ ~4 xN/ ,~ .. U~ J .: ~Y' ~. 9 f~. ~:1.v: .sr~"w..1 ~.<-i.~-..r ~iks' '3°.i,.v1~~~~.'...Sw ~:.w...... Kra r Room Name Group 1 Group 2" Group 3 Group 4 Room Name Group 1 Group 2° Group 3 Group 4 Celebration Hall $ - $60.00 $120.00 $150.00 Celebration Hall $ - $80.00 $150.00 $175.00 A&B&C A&B Celebration Hall $ - $35.00 $75.00 $90.00 Celebration Hall $ - $50.00 $90.00 $100.00 A Only A Only Celebration Hall $ - $35.00 $75.00 $90.00 Celebration Hall $ - $50.00 $90.00 $100.00 B Only B Only Celebration Hall $ - $35.00 $75.00 $90.00 Celebration Hall $ - $50.00 $90.00 $100.00 C Only C Only 2/3 of Celebration Hall $ - $50.00 $105.00 $120.00 213 of Celebration Hall $ - $65.00 5120.00 $140.00 t"~s..~5,r .vk..v~e nt~b;.'+r«t 4 X54 r ,;#:x':_.. if rr.T. t~°5?,+. .~ ,.F.4! f.~`fi .°A rs+.t ,..e. , ~rJC7.h, x,~:. .~n. y',a _...-'nri. =~a~~ ia.}~Y,~ e:.+^%i.., W? d:.: ~Y3„S!3.~t""~. ~k~.d'+ ,W!:~..~.nr..st'r ~ia'k~~.~`~^ Studio Theatre $ - $35.00 $75.00 $90.00 Studio Theatre $ - $50.00 $90.00 $100.00 (Rehearsal Hall) (Rehearsal Hall) :~~z` ~ ~ra1~2`.1X.'..: 3..:tr,,F .a., ,.: ~'.:l. d~,.r .,r .x.. y-.. ~.:~°Yuak'{r.. :_: ,3, .'.w,.``~'..,_3Lti: Zvi k. <"`rm...r.~, ~r:;r_,t ~`.ta'~!' :~.~uwt ~,~~, ;~=m«~ti Lewis Family Playhouse See' below $75.00 $100.00 $100.00 Lewis Family Playhouse See' below $100.00 $125.00 $125.00 (Theatre 8 Backstage) (Theatre & Backstage) PREP DAYS PREP DAYS 4 hour minimum 4 hour minimum Lewis Family Playhouse See'~below $150.00 $200.00 $200.00 Lewis Family Playhouse See' below $200.00 $250.00 $250.00 (Theatre 8 Backstage) (Theatre 8 Backstage) PERFORMANCE DAYS PERFORMANCE DAYS 4 hour minimum 4 hour minimum +'+"'.r c`v r '~~ri ` °rr:_I ~~ t x ~ I ~ '~rl '~ ~ ~' a. ~A' '3tV '~~'~f~ x 'm," '~. d 7 F ,r i'S? " : ~ ~c Y!~`. st,,,g, a.:F. . ~i%]_- . ~ ~v ~. g !~~:.~; ..,.~..-.r. ...~... ~~.. .._. ,~. K w-w.e~..,... . . : .._. . ~. _. . , _ x. .w- ,~. .. tw <- ~. 'r ..v ~_v._v._ . .. ~~. ra. . a d-- ~ . ,: ... Playhouse Lobby $ - $50.00 $70.00 $100.00 Playhouse Lobby $ - $70.00 $90.00 $120.00 Courtyard $ - $50.00 $70.00 $100.00 Courtyard $ - $70.00 $90.00 $120.00 Group 1 Non-City users or non-City sponsored events pay Group 2 rates " Group 2 Non-profit free facility use agreement not applicable at this facility "' Playhouse For extended periods of Playhouse rental, negotiated fees may be approved by the Community Services Director. Per Day Equipment Fees: Item: Choral Risers Orchestra Pit Conversion Portable Stage (large) Portable Stage (small) Portable Public Address System Scissor Lift Specialized AV or Rigging Equipment Standard FacilityAudioNisual Projector Skirted Table (check-in, display, speakers, etc.) Upright Piano Fee: $100 $200 $150 $100 $100 $200 Established per use, Included in rental $50 $12 $50 Rented Equipment: Equipment rented by City for customer use Box Office Fees: based on type of equipment Cost of rental plus 15% Item: TI616vc-.~w.+ 1 f' C C1 G9/1' L I.Inr n.l'nJ r nn1 Handling Fee Rental Handling Fee Reprint Fee Exchange Fee Internet Fees Box Office Services (City to sell tickets for organizations/renters) Ticket Printing Only 15% Staff Fees: $1.50/ticket $2.00/ticket $2.00/ticket $2.00/ticket $2.00 per order plus extra charges applied by tickets.com our web host applies. This fee is based on the prices of the ticket. Not to exceed $5.50 per ticket. $250 plus cost of tickets plus staff costs $75 set up charge plus cost of ticket stock plus One staff member is included in approved room rentals. Additional staff may be required at the cost listed below based on the size and type of event. Other Fees: Item: Technical, Facility or Box Office Staff Decorating Discount Overtime Fees Alcohol Permit and Fees Cancellation Fees (Celebration Hall) Cancellation Fees (Playhouse) Refundable Deposit Celebration Hall Refundable Deposit Courtyard/Lobby Refundable Deposit Playhouse Merchandise Sales by Vendors Fee: $20 per hour Standard discount applies (see below) Standard fees apply (see below) Established fees apply (see below) Established fees apply (see below) Cancellation scale applies (see below) $500 $500 $500 - $1,500 10 - 50% as negotiated per event P137 Facility Decorating Discount: Rooms may be reserved for up to two hours prior to and after the event at the rate of 50% of the normal room rental rate for the purposes of setup and removal of decorations. Overtime Fees: For rentals that go over in time from their rental contract, a fee will be assessed equal to staff costs plus rental fee to be calculated at a rate of time-and-a-half. Other Fees: An additional $500 Refundable Deposit and a $50 Administration Fee will be required for requested alcohol use at approved alcohol use facilities. Cancellation Fees: A cancellation fee for all room rentals shall be.assessed as follows: 14 or more calendar days notice -full refund of all fees 7 - 13 working days notice - 50% refund of all fees 1 - 6 working days notice - 25% refund of all fees No Notice (no shows) -refund of Refundable Deposit only Lewis Family Playhouse Cancellation Fees: A cancellation fee for all Playhouse rentals shall be assessed as follows: 6 months or more -full refund of all fees 1 - 2 months - 25% refund of all fees• 3 - 6 months - 50% refund of all fees Less than 1 month -refund of Refundable Deposit only COMMUNITY AMPHITHEATER The following are rental fees for Amphitheaters. The frst hour of monitoring is included in the stage rental for Groups 2 & 3. Community Amphitheater Fees Stage (Flat Fee) Staff: Sound Monitor (Hourly) GROUP 1 2 3 4 None $25.00 $25 00 $72 00 None $~&0°-$49-°B~°° $12.00 $12.°° $12.00 Equestrian Center Fees -Room Rental (Hourly) Fees and Charges will be as follows: GROUP. ROOM $IZE TIME t Small Sam-5pm None Small 5pm-8am None Daily Snack Bar" None Kitchen 2 3 4 $$ 00 $$ 00 $25 00 $12.00 $12.°° $35.00 $5.00 $5.°° $10.°° P138 GROUP 1 2 3 4 Annual Shared Storage Fee None $75.00 N/A N/A Equestrian Center Lights "' 100% Actual Energy Consumption 'Includes use of P.A. System. ** A Refundable Deposit maybe required for this use. (See EquesWan Usage Policies.) "' The small arena will have acoin-metered box for electrical cost recovery. Storage For City Community Centers and Public Facilities, no storage will be provided to groups on an ongoing basis without the approval of the Community Services Director. Some City parks may be reserved for use. Rental fees for picnic shelters located in these parks are as follows: Picnic Shelter (Hourly) ~. SHELTER SIZE 1 2 3 4 Small None $5,00 $$ oo $11 00 Large None $7.00 $11 00 $15 00 Now included in Facilities Matrix on pages 2 & 3 ef-$'t~°B ~ n+ +tie a~~...e+......,f 8 P 139 Street Banner Display Fees 00 Administrative Fee ........................... $50. If the City becomes involved in creation and preparation of the banner NOTE: Applicant is still responsible for the actual cost of banner (payable in advance). Mobile Recreation Unit Rental Three hours minimal rental $250.00 Each additional hour $50.00/hour Staffing charge Minimum of 2 staff @$48/hr at $12.00 per hour for 30 or less participants. Additional staffing will be required for parties over 30 at ratio of 1 staff member per 15 participants. Mobile Lift Fees Lift Service ....................................... $300.00 Plus the cost of 2-Staff Members for the full time frame of the event. ($40:00 $12.00 per hour for Staff Member). NOTE: Equipment is available for rent only for events conducted on City property and would require 2 part-time Staff Members to deliver, operate and return the equipment. Fait•.FNTER TOURNAMENT AND LEAGUE FEES Rental Fees (Per Field) GROUP 1- 2 Field Rental* 2 Hours and Less $35.00 4 Hours and Less $7p.oo All Day $140.00 Refundable Deposit $250.00 Infield Lining Light Fee Actual Cost Actual Cost GROUP 3- 4 $100.00 $200.00 $2~i°B $300,00 $400.ao Actual Cost Actual Cost `Includes initial field dragging and watering. The deposit will be applied to the total rental fee. When additional City staffing, equipment and material are required for tournaments and/or special event programs scheduled at the Epicenter Sports fields, the applicant is required to pay all event-related expenses. This will include the cost for Police Security when deemed necessary. 9 P140 Community and Neighborhood Park Leagues and Tournaments Should there be a need for City staff to oversee and coordinate activities the fee is $a-&°B $12.00 per hour per staff member required. Applicant is also required to pay all event related expenses. This will include the cost for Police Security .when deemed necessary. Community Softball Field 8 Soccer Fields (Per Field) Organized Leagues and Tournaments" GROUP 1- 2 GROUP 3 - 4 ** 2 Hours and Less None $50.00 4 Hours and Less None $90.00 All Day None $160.00 `A $10.00 non-resident fee will be assessed per non-resident team per tournament. All other rental fees are still applicable. ** A $200.00 Refundable Deposit is required. Applicant is required to pay all event related expenses. This will include the cost for police Security when deemed necessary Rental Fees (Per Field) GROUP 1- 4 Drag and Line* Actual Cost P141 `Drag and Line fees include staff costs and are for one drag and line per field. Bases* GROUP 1-3 $20.00 GROUP 4 $40.00 `Bases are avai/able only when renting the fields for a tournament. Fee is based on per field, per day, basis subject to availability by City. Snack Bar For City-Owned snack bars located in City Parks, fees will be assessed as follows: GROUP 1 GROUP~2 GROUP 3- 4 Seasonal None $450.00 N/A Other non-profit groups bringing in snack bars (i.e. trailers) will be charged a flat $300.00 seasonal permit fee, unless group is participating in aCity-Sponsored event. Storage For City-Owned storage located in City Parks, fees will be assessed as follows: GROUP 1 ~ GROUP 2 GROUP 3- 4 Seasonal None $75.00 N/A 10 R.C. FAMILY SPORTS CENTER RENTAL FEES -- AthletlC USe ONLY Basketball Courts (Per Court) GROUP 1 GROUP 2-3 GROUP 4 2-kaAa:o-a ;~L-esS-".:arae $;o B0 x~n ~_ 4;,a-6~5 N6lie Q~~ B8- con ~ Hourly Fee None $40.00 $50 00 Staff: 2 Persons None $2~°B $24.00 $.g~°B_ $24 00 (Hourly) Refundable None $200.00 $200.00 Deposit Racquetball Courts (Per Court) GRDUPI GROUP 23 GROUP4 3 Hours and Less None $45.00 $60 00 6 Hours and Less None $75.00 $90 00 Staff: 2 Persons None $20.00 $20 00 (Hourly) Refundable None $200.00 $200.00 Deposit Included in Facilities Matrix on page 2/3 De„f~l r,..,• -gym,--oo: 2~1 ,nn ., n.:olae ~o.°B a0 C*nK~ ~mr. ~4~ff ~ on D nl ~1 o.BB ~-r0-8B '°°^~T •..s~ ~n ~ De.~.,., c~ri ~ can ~ ~iv~-w--~-o.00.~.6-~19i18 ~~T R@f .,a.,l,lo n.:d~ $208 B° c~nn ~- EaIGENTER STADIUM COMPLEX FEES Stadium Events a. Stadium Rental Ticketed Events " $1,500.00 per day plus 10% of gross ticket sales Non-Ticketed Events $2,000.00 per day P142 b. Sky Box Rental Rate $50.00 per hour $50.°° per hour c. Cafe" Area Rental Rate $50.00 per hour $50.°° per hour d. Pavilion Area Rental Rate i. Covered Pavilion $50.00 per hour $30.°° per hour (3rd Base side) ii. Open Pavilion $25.00 per hour $15.°° per hour (151 Base side) e. Event Expenses Applicant is required to pay all event related expenses including personnel, equipment and materials and other related costs. Parking Lot Events Ticketed Events * Non-Ticketed Events a. Stadium On-Site Lots i. Rental rates for $500.00 per day $670.°° per day Parking Lots plus 10% of gross A, B, C ticket sales ii. Rental rates for $250.00 per day $ 335.°° per day Parking Lots plus 10% of gross D, E, F ticket sale b. Expanded Parking Lots i. Parking Lot #2 $500.00 per day $335.°° per day plus 10% of gross ticket sales ii. Parking Lot #3 $1,500.00 per day $2,000.°° per day plus 10% of gross ticket sales iii. 'E-~6^,~^~ad;~.t x~cn ~ ~y A-F ..i~~~ ~noi „a...n~~ t+ske~6aieS c. Event Expenses Applicant is required to pay event-related expenses including personnel, equipment and materials and other related costs. Parking Fees *' a. Baseball Events Option to charge: $2.00 per car; $15.°° per bus b. Concerts and Option to charge: $3.00 to $5.°° per car; $5.°° to Special Events $10.00 VIP per car; $15.°° per bus, depending on event c. Parking Lot Events Option to charge: $2.00 to $5.°° per car 12 P143 Concessions a. Food and Beverage 20% of gross sales 10% for non-profit organizations b. Merchandise and Novelties (Books, Novelties, Tapes, CD's, Programs, T-Shirts, etc.) Miscellaneous 20% of gross sales to be negotiated 10% for non-profit organizations a. Commercial Filming Minimum of $1,000.00 to $4,000.°° per day, depending on filming requirements, plus actual costs for City services b. Commercial Filming Minimum of $500.00 to $2,000.°° per day, in Parking Lot depending on filming requirements, plus actual costs for City services c. Commercial Photograph Minimum of $500.00 to $2,000.°° per day, depending on photography requirements, plus actual costs for City services d. Location Credit Required e. Refundable Deposit Minimum of $500.00 to $2,500.°° per ,day, depending upon event/rental requirements. At the discretion of the Community Services Director, an additional Refundable Deposit may be required according to event/rental requirements and the City's liability exposure. f. Additional Move-in/ 50% of daily event rental rate Move-Out Days' g. Tent/Canopy Maintenance Minimum of $300.00 to $1,000.°° per event Reserve Fee depending upon event/rental requirements. • Based upon the event proposed, the fees shown maybe subject to negotiation. • Based on Provisions of Municipal Ordinance. *' Exception to Parking Rates apply to vehicles entitled to occupy the preferred parking area (Lot A) delineated in the lease with Valley Baseball Club, Inc. 13 P144 P145 STAFF REPORT ENGINEERING DEP.-~RT\fENT Date: June 6, 2007 To: _ Mayor and Members df the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Willie Valbuena, Assistant Engineer 1, ~s ` -~ ~~ RANCHO CUCAb10NGA Subject: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2006-00127, LOCATED ON THE EAST SIDE OF ROCHESTER AVENUE, SOUTH OF FOOTHILL BOULEVARD, SUBMITTED BY WF CONSTRUCTION, INC. RECOMMENDATION It is recommended that the, City Council adopt t agreement, securities and ordering the annexation Street Light Maintenance District Nos. 1 and 6 for sign said agreement. BACKGROUNDIANALYSIS to attached resolutions accepting the subject to Landscape Maintenance District No.3B and DRC2006-00127 and authorizing the Mayor to DRC2006-00127, located on the east side of Rochester Avenue, south of Foothill Boulevard, within the Industrial Park (Subarea 7), was approved by the Planning Commission on December 13, 2006. This project is for the development of 14 single-story professional office buildings on 7.24 acres of land. The Developer, WF Construction, Inc., is submitting an agreement and securities to guarantee the construction of the public improvements in the following amounts: Faithful Performance Cash Bond $ 174,000.00 Labor and Material Cash Bond $ 174,000.00 Copies of the agreement and securities are available in the City Clerk's Office. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's Office. Respectfully Submitted, i William J. O'Neil City Engineer WJO:WV:dlw Attachments P146 CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ~T~M: D~QI~ - oa1~T TiT~~: /~~/tl//T ~ P147 RESOI,uTIOI.tNO. D7-/~S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRC2006- 00127 WHEREAS; the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on June 6, ?007; by WF Construction, Inc., as Developer, for the improvement of the public right-of-way adjacent to the real property specifically described therein, and generally located on the east side of Rochester Avenue, south ofFoothil] Boulevard; and WHEREAS, said hmprovement Agreement is secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement Agreement. NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement, be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and . 2. That said Improvement Securities are accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney P148 RESOLUTION NO. O7 f y~ A RESOLUTION OF THE CITY COUNCIL OF THE CITI' - OF RANCHO CUCANIONGA, CALIFORNIA, ORDERING THE AN'NENATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRC2006-00127 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 l5, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), 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 1972 Act authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owner of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 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 [o 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 P149 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 Temtory 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 B hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true and correct SECTION 2: This City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been deternrined in relationship to the entirety of the cost of the maintenance of the Improvements. c. Only special benefits will be assessed on the Temtory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the am~exa[ion of the Territory to the Maintenance Districts, approves the financing of the maintenance of the hmprovements from the proceeds of annual assessments to be levied against the Tenritory 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 DRC2006-00127 P150 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: WF Construction, Inc. The legal description of the Property is: BEING A SUBDIVISION OF A PORTION OF LOT 110 OF THE MAP OF ROCHESTER, IN THE CITY" OF RANCHO CUCAMONGA, COUNTY OF SAN' BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 9 OF MAP BOOKS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF ORANGE AVENUE (ROCHESTER AVENUE) AS VACATED AND ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS RECORDED DECEMBER 18, 1936 IN BOOK 1177, PAGE 320 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING THE EAST 60 FEET OF ORANGE AVENUE (ROCHESTER AVENUE) AS SHOWN ON SAID SUBDIVISION. EXCEPTING THEREFROM THE WESTERLY 310 FEET OF THE EASTERLY 370 FEET OF SAID LOT 110, AS GRANTED TO MONO POWER COMPANY, A CORPORATION; RECORDED DECEMBER 21, 1972 IN BOOK 8086, PAGE 22 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE EAST 60 FEET OF SAID LOT 110, AS GRANTED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY `CORPORATE AND POLITIC; RECORDED DECEMBER 4, 1974 IN BOOK 8569, PAGE 70~ OF OFFICIAL RECORDS, The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-I DRC2003-01236 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT N05. 1 AND 6 _~~ ~ - SOALE:1 " =100' - LO-r X11 w IJ O 00 J J 2 I Q 0 ~o a o 0 I' I ~ j I N l~ll~~"I w a wow 0 ~ O p OUN J~N1 w ~ Z U ~~a ~~ of '~o~ "v~ ww~ >~ Q } Y O ~m0 wom w wZZ O U ~ ~ OZm ~ m 1. 4 O ~ m aa~ o w 0 owm w maw i,w > o O ~. O U ~ f LOT ~I10 '-O o ~ - O '_~ r rn W a r. m io ~ M m Z ~ ~-E'LY 60' OF LOT 110, MB /20 "~oN GRANTED TO SAN BERNARDINO COUNTY J~ FLOOD CONTROL DISTRICT, RECORDED ~,°' DECEMBER 21, 1972, BOOIy 8086, w ~ PAGE 22, OFFICIAL RECORDS. = I ~o ~~ o •- _ ~ op J M J ~ 3 ~ ~` N 00'09'15" E 329.04' J AREA TO BE DEDICATED TO THE CITY OF RANCHO CUCAMONGA - O o n N m 0 1 0 O N ~_ O N 00'08'57" E ~ 329.93' S~ I OT -J09 o ~ o n o m m O ~ N Z '~ ~ o N 00'08'57" E 329.95' ~~ o ROCHESTER AVENUE N oo•oa's7" E 26as.az' .~_ _ _ _ 6ASIS OF BEARINGS ~- w F- al P151 SEBASTIAN ~ i - - `1 WAY ' ~~~ ~~ ~'xisteN~ Sr~T ~ ~Gh'TS ~ Ef4 CITY OF RANCHO CUCAMONGA ~?JORTfI COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ®,~ - ~~~~.eC ~ F p. P152 Exhibit B To Description of the District Improvements Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): Landscape Maintenance District No. 3B (LMD #3B) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels 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. ] (SLD #1) is used to fund the maintenance and/or installation of street lights and traff c 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 saes 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 sig~rals located on commercial and industrial streets throughout the City but excluding those areas alread}~ 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 districfbenefit 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 DRC2006-00127 P153 Proposed additions to Work Program (Fiscal Year 2006/2007) For Project: DRC2006-00127 Number of Lamps Street Lights 5800E 9500E 16,000E 22,000E 27,500E SLD # 1 -- -- 3* -- -- SLD # 6 -- -- -- -- -- Community Trail Landscaping DGSF LMD # 3B -- *Esisting items installed with original project Assessment Units by District Parcel Acres S 1 1 7.24 14.48 Turf SF B-2 Non-Turf SF S6 7.24 Trees EA 8 L 3B 7.24 DRC2006-00127 P154 Exhibit C Proposed Annual Assessment Fiscal Year 2006/2007 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2006/07. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue Comm/Ind Acre 2186.85 1.0 2186.85 $352.80 $771,620.68 The Proposed Annual Assessment against the Property (DRC2006-00127 (PM 17866)) is: 7.24 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. _ $2,554.27 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit 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 $161,766.50 Family Commercial Acre 2,380.36 2.00 x,760.72 $17.77 $84,697.99 TOTAL $612.207.06 The Proposed Annual Assessment against the Property (DRC2006-00127 (PtVf 17866)) is: 724 Acres x Z A.U. Factor x $17.77 Rate Per A.U. - $267.31 Annual Assessment C-1 DRC2006-00127 STREET LIGHT bIAINTENANCE DISTRICT NO. 6 (COMMERCI_AL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2006/07. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of Assessment # of Rate Per Physical Physical Units Assessment Assessment Land Use Unit Type Units Factor Units Unit Revenue - Comm/lied Acre 2,065.67 1.00 2,090.72 $51.40 5107,463.01 The Proposed Annual Assessment against the Property (DRC2006-00127 (PM 17866)) is: 7.24 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = 5372.14 Annual Assessment P155 C-2 DRC2006-00127 P156 . . STAFF REPORT - ENGINEERING DEPdRTMENT .~ Date: June 6, 2007 RANCHO C,UCAMONGA To: Mayor and Members of the City Council .lack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Mark Brawthen, Contract Engineer Subject: APPROVAL OF A MAP, FOR PARCEL MAP NO. ]8649, LOCATED ON THE SOUTHy'1'EST CORNER OF MILLIKEN AVENUE AND FOOTHILL BOULEVARD SUBMITTED BY FOOTHILL & MILLIKEN JP/PI, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolution, approving Tentative Parcel Map No. 18649 and authorizing the Mayor and the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Parcel Map No. 18649, located on the southwest comer of Milliken Avenue and Foothill Boulevard in the L~dustrial Park District, Subarea 7, Development District, was approved by the Planning Commission on May 23, 2007. Parcel Map 18649 is the sub-division of building "D" on Parcel 4 (2.06 acres) of previously approved Parcel Map 17426 into eight (8) commercial/office condominium units. All public improvements and the Consent and Waiver to Abnexation forms were also completed with a previous map. Respectfully submitted, 1 /) /~~• / ~r `„ ~ William J. O'Neil City Engineer WJO:MBaIv Attachment(s) P157 VICINITY MAP NOT TO SCALE. ~.i. Lf iJ. !.1 ~ I t f l 7; .L ~i ~ `'-1 --. :-.-s. ~ ~i ~d Dry `An'rt.`(~+ -,~'t ,'"r Ran4Fi~r°~ucar~ ~ ~ ~7.;~ Lomrta Dc ~~~ ' m~Z~~~y t i -} J ~~ ~~~ ~ _ I$ r ~~ ~ r r"- r ` , ° ~`'s~, tL L_. I~'~ ~se Line ~t Base Line"Ft ` ~, ~ .~ ~ _ m 'I- }', _ 1_' ~ _ ~ ,'. +. ~ ~- a ~-- ~ . t ~~.. ~ ~ a. .i ~ P ~ ' P'oothi~ 81vd ~t :r.r K = J 8' a ro t' ' ~T gC~L nP=~B'(z~` 'r i ,~ ,' l ~`~ 'ACCESS '®"~i' °~~ ~£ ~. at ;~ erSt •\~ ,~~",~.~~' }f~ `` .~..J. Arrpyr R6 to f ~; i ~ ~~ ^~ 5~ -~ ,;J Arrow Route ~~ $, I 1 '~ ( ~ t ' .. 4 _ 1I5511 _~ ITacoma=Or ', ~~ I Y6~ ~t i:y r ~ 4 .. irk ~ ~~ a 1 - C ~~ 5 Jersey Blvd _ ~ ~ , - . 25th t , ~-~ ~. - 13 ..- ~ :,~ : Etlwain .'~~~~. 1• ~ 1.q „r-,~-~- rv' ,.Q, ~ ~-i-..-_-N~ OR ester_..~-.,.,,-.-.,, r.- . :D _ im - d° 16 ~.'+ I ~ i»' ~ 6th SL ` 6th Si _ City of Rancho Cucamonga ENGINEERING DIVISION i Item: Parcel Map No. 18649 Title: VICINITY MAP EXHIBIT: 1 P158 RESOLUTION NO. O 7-~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 18649 (TENTATIVE PARCEL MAP NO. 18649) WHEREAS, Tentative Parcel Map Number 18649, submitted by Foothill and Milliken JP/PI, LLC and consisting of eight (8) condominium units, located on the southwest comer, being a division of one (1) 2.06 acre parcel was approved by the Planning Commission of the City of Rancho Cucamonga on May 23, 2007; and WHEREAS, Parcel Map Number 18649 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS; all of the requirements established as prerequisite to approval of the final map by the City Council of said City have no~v been met. NOW, THEREFORE, THE CITY COUNCIL OF RANCHO CUCAMONGA HEREBY RESOLVES that said Parcel Map Number 18649 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. P159 STAFF REPORT T~\GI\EEI2I\G DEY:1R"f\[F_NT Date: June 6. 2007 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Maria Perez, Associate Engineer~~ Craig Cruz, Assistant EngineerGpG ,, .J~ ~~ RANCxo ~;UCAn40NGA Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $255,000.00 TO THE APPARENT LOW BIDDER, GRAND PACIFIC CONTRACTORS, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $25,500.00, FOR THE ALMOND BOX CULVERT EAST OF HERMOSA AVENUE, TO BE FUNDED FROM GENERAL DRAINAGE FUNDS, ACCOUNT NO. 1 1 1 2 303 56 50/1 5991 1 2-0 AND HAZARD MITIGATION GRANT PROGRAM 'FUNDS, ACCOUNT NO. 13903035650/1599390-0 AND APPROPRIATE AN ADDITIONAL AMOUNT . OF $75,000.00 TO ACCOUNT NO. 11123035650/1599112-0 FROM GENERAL DRAINAGE 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 $255,000.00 to the apparent low bidder, Grand Pacific Contractors, Inc., and authorize the expenditure of a 10% contingency in the amount of $25,500.00, for the Almond Box Culvert East of Hermosa Avenue, to be funded from General Drainage funds, Account No. 1 1 1 23035650/1 5991 1 2-0 and Hazard Mitigation Grant Program funds, Account No. 13903035650/1599390-0 and appropriate an additional amount of $75,000.00 to Account No. 1 1 1 23035650/1 5991 1 2-0 from General Drainage Fund Balance. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 22, 2007, for the subject project. The Engineer's estimate was $233,250.00. 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 the apparent low bidder meets the requirements of the bid documents. The Almond Box Culvert East of Hermosa Avenue scope of work consists of constructing a 12' x 5' reinforced concrete box removing existing reinforced concrete pipes trench repair replacing curb and gutters, community trails, constructing headwalls and wingwalls, and replacing all improvements. The contract documents call for sixty (60) working- days to complete this construction. P160 CITY COUNCIL STAFF REPORT Re: Award Almond Box Culvert east of Hermosa Avenue June 6, 2007 Page 2 The City hereby waives the condition of requiring the construction of drainage improvements as part of Parcel Map 11738 and accepts the drainage easement as offered on sheet 1, of Parcel Map 1 1738. Respectfully submitted, WilNam J. O'Neil City Engineer WJO:MP/CC:Is Attachments P161 o o o ~ o $ ~ F ~ o ~ o ~ 0 0 ° 0 H 2 t~ ~ O N O ~ 0 N N C a ~ 3i ~ ~ U A ~T rA c9 ~ ~ ~ o m " ~i U o O O O O o O p o 0 0 0 0 0 0 w ., .; y z ° o o ~ ~ o o ' n_ ~ C ,~ U .. ~ vi - u- ~ c U "' u in rn ~ v> ~ O ~ O O O C O O O O F ~ C o 0 0 ~ o 0 O ~ z o O w 5 V O M N (V O vj 3 O ~ ~ ~ yr `h yr ~» K ~ U ~ ~ v k ~ V:.. W ~ ° ° 0 0 ° ° 0 ~ o o 0 o o 0 Q P . ~.., F o 0 0 o O o 0 y '0 p z - o 00 0 0 °o ~ o Q ~ ~ D U - o o - ~n c~ o ~ ~ H3 _ EA ~ V3 EA K ° ° ° ° ° F o o 0 0 0 o 0 0 ~ Z o o o 0 0 ~ o i n N Ca O ~ ~~.n M o v ~ ~ ~ ~ r W G ~ v> ~ v3 ~ a W o ~- o 0 0 0 0 W o 0 0 o O o 0 ' ~" ~ F ° o o °o °o o °o ~ x p r o o in o o v> CJ 5 U ~ ~ N N K ~ ER 6 9 W Yx f9 <A F Q r ~ ~ O O N V /~ ` N y G y Q `" O aci E L C ar [; J o = E 7_ ` a ~ fsl O ' y y, ~ n ~ ~ vl 7 o °' ~ m ~ ~ a - ~ D ~ m o m u U ~ ti ~ 7 ZO m U 3 °~ ~ c o ~ ~ . ~ a i ~~ o ~ ~ ~ N ~ ~ ~ A m E c c m E U ~ _ f F u_ Q N Q (n cn [n = Z ~ J W J W J J J ~ N N ~ M r r r F ~ d ~ x N f"i d' u7 ~O L~ O bA Q. P162 ,~ o 0 0 ~ $ o o (~~+ ~ a N ~ O O O O O N i „y M ~ N N If. ~ O O N ~ ~ ' 'A Efi di H3 to , ~ Q ~ C M 0 ~ - ~ [ ~ ~ E" F O o O o O ° O ° O ° ° O o ~ f o ' o . A W z 0 ° 0 0 o ~ 0 0 d ~ v, ° ' ~ x ~ N ° 69 H3 ER Hi ° ° ° ° ° ° ~ o o o o o o o o ~' o o ° ° ° 0 0 r r F c o o 0 . z ~ c ~ M o q o n Q ~ O N l: M N ~+ C V K fR Vi ~ ~ y ~ ~ K fA U W a+ y O O O O O O ~ O O O C S O O N $ p O O 7 U N ~ ~ ~ N ~ to - + ~ U ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ° ° ° o ° 0 z ~ o o 0 La 7 O W W C M M C 'V ~ ~ M ~ ~ ~ ~ ~ fR b 4 fR ~ 4 d ti O O O O O O O O O O O O O O V! F E• c o 0 0 0 0 0 °J ~ 0 0 0 0 _ 5 y o ~ v m o M v v ~ ~ F O ~ r _ o _ 0 N Y J N ` N ~ /~ j. Cr ~ 4 O ~ G ~ ' (j y' o n G ~ o E n o 7 ~ m 'z' O ~ m o °' ~ m y p a ~ ~ D a ~ a ~ ~ o m _ ~ U '~ tO f1a 'r ,'~ m 3 m ~ ~ ° o m O m ~ - ~ U ° c s ~ S ~ O ~ aai m p i V ' U u' 3 o m ~ o v ~ r Q /. C ~'+ ' 2v m d m d ~ ~ I D 2 K m ti K ~ [;~ G ~ F J J C ~ J W W J J N N r (h .- ~ F m O' cv ri a~ ui ~ri ~ x N a P163 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 r+ N C O O O O O N ~ V x n C 0 V O O O M u ~ y .~. ~ ~ ~ - ~ y - ~ ~ ~ w ' ~ 6 9 r Y ~ a Ci M 0 d U p ° ° ° ° ° ° 0 m• o o o o o •M y F N o N 0 0 o ° O O era W z 0 ~ v ,_ ~ v o 0 0 ~" ~ U 69 N v 609 ~ ~ 6N9 ~ ~ ~ N o 0 0 0 o N , N O O O O O N Ci N O O O O O O N z ° ° ~ o y ti c ° o i_ V~ P n o N ° n N c~ N C fi' ~M U ~ -- v ~ N o 0 0 0 0 0 , O ., ~ 0 0 0 0 0 0 U y ~.. vi o 0 0 0 0 0 ~ W z p a o 0 0 ~ ~ o ~ 64 ~, 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 ~ • F ° °O 0 0 0 0 ~ A a N O N C °. V C L: U 07 O T Vi N N3 N3 O ~ ~ +p fA 69 N~ td p c~ o-.i ° b o C o O O O O F ` ~ o ° o ° ~ ~ O o ° m 0 0 o W U ] ~ N 69 Hi 69 ~ ~ 69 EA F O F v r ~ o C N 61 N ~ ~n C I' ` m E ` ~ i a G C 'o (~ L Z 4+ to n E =. an a m u.. m o c'n ~ a o ~ C p ~^~ ¢ ~ ~ LL o U m ~ m z ~ ~ a a ~ ~ o C ~ U x 3 p s ~ v {il ~ a d m m c m o aEi m ° M Q N _ ~' m H ~ 1~ _ ~ ~ ~ J J J J J rj ~ a W W n_ F m a ~ z N M '7 Ln 'V ~ M v P164 o ~ ~ ~ o S o a+ F ° o o ~ o o ~ ~,~', p u ~ of O O i O N O i O ~ M q O ~ .-, v N -~ ~ v_ ~ ~ N M ~"~ y ^ ~y 9 ^ N .3i f9 V3 Y3 'Jr M fA ~ G U m ~ ~ - c o 0 0 0 o c 0 o o c c y 0 U '" F ~ ° o c ° ' ° 0 0 D o N ° ~ s y ~ ~ a w . ~ ~ s r ~ rj c o 0 0 0 0 0 0 0 0 o 0 c 0 c 0 q ~"~ F vi N o O 0 O 0 C 0 O 0 O 0 O vi N ^ x o 0 0 0 0 0 - 7 r o ~ 0 ~ 0~ _ vi ri ~ c M ~ " ~ Vi H3 EA M~ ~ ~ q W °0 0 0 00 °o °0 0 q "" `" vi o o ° 0 ° 0 0 0 ° 0 ° 0 ° 5 o o 0 o O (j ~ cv o o ~ v~ vi ri ~ ~ ~ ~ K fR ~ 0 o O C o 0 0 0 ~ z O ° o ° 0 ° o ° O ~ O O N A O o o 0 0 0 ° o Iti O ~ O M ~ fR M -~ fA -~ N~ N3 fA £R Hi ~M 7 O m u •V M M L O O O O O O O O O O O O O O ro~ ~ ~ ~.. 0 0 o 0 o 0 0 0 0 0 0 0 0 O z p ° ~ 0 U a V N co .n -~ ~o ~ N ur F» yr `~ ~ ~» yr F F ~ ~ o ~ c°+ aCi ~i N ~ y C ~ Q d O ~ L 'o L Z ~ =o `a E x a z ~ v s: o ~n ^ c m ~ E y Q ~ o a =. = a m 0 p W ¢ y ~ LL o U a~ ~ m „ ' z O m ~ o m o a v 7 K ~ C ~ p v N ~ '~ d d' ~ O :z. ~ ~ Z ~ ~ O d K ~ o ~ ~ U 3 o s v o ~? Q 'I. ~ ~ ~ N °m E m d E To . Q = ~ m 1- ~ H p ~ J J J -, j ? n a J W W J ~ ~ ~" F to rn N ~ M r a O z N M V N ~D L~ .f m ed F a F z a 0 m z O 5 U °o °o °o o° 0 0 0 °o k~ F o 0 0 0 0 0 o vi . i L i !~ O O N y ~ O ~ M O ~ ~ ~ £9 £R fR V3 V 'CC~ ~ Xi 0 H - O O O O O O O ~+ H N ~ O C O O O y O C7 a U ci "' o ~ o c `~ vi vi ~ ~ o ~n v3 ~ o °o °o °o o °0 0 0 "p" Z ° ~ ° ~ rn o O o ~ C'J o M ~ Q U O N M fA N fA ~ £9 N f9 O+ M i ~ ~ ~ U N ri O O O O O O O O O O O O O O O O O O O O • !E ' U Vi ~-i N Q M N (~ d3 fR V3 ER V3 F v r ~ ° o c N 61 N 41 N Y „ Q d m O ~ C O L Z O d E i Z i. d j a N iii O ~ N ~ a> -~ E r_ o. - s: ¢ ~ LL o U m ~ r _~ L Z ~ m ~ m m ~ o U a C1' O ~ r Cr C_ ~ .~ OJ ~tO ~ 'p ` ~ s } ~ x N m a m a ~ m ~ o U V 4 rU~ W x 3 a o aEi x '° ~ m ~ ~ °- m -i O e G `„ d x ~ m ~ ~ i- = ~ G ~ F J ~ J f /'~ _ J W W J J ~ ~ ~ 'N m N ~ M r r r d U z N M 7 ~ lD f~ P165 N N 7p O y P166 ,. PROJECT . LOCATION ALM ND 5T _~/U 111LLSIDE I G~ ~~^~ ILBO AVE 24TF15T \~ BANYAN T a ~ ~ BANYAN 57 ZQ N w II h - ~ ~ /~ V i I I a ~ '~P W ~ vlci021 F ~ a ~ ~O ¢ ASE LINE w z w g Y ~ p h1URC ST ER ~ ! ~ I w a ~u w I I ~~ 3 ~h FO TI11LL 3LVD ? < ~ODT`II BLVD ~ ~' 6' w a ~ 10500 CI IFF CENTER w > w m ~~~~1AiZ20W R /E ~ i > o w BNSF RR w > wl w ... z ~~ .~ Q ~ $ 8Th BT a - ~ > 6T7 5T N > ~ ~ a 4Th 5T ONTARIO CITY LIMIT CITY OF RANCHO CUCAMONGA -~, ALD20ND B0~ CULVERT ~,N. VICINITY MAP NTs P167 t_ STAFF REPORT l ' 1 r ,~ L\GI\~EI.RI\G DEP ART\[ENT ~~ RANCHO Date: June 6, 2007 CUCAD40NGA 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 Craig Cruz, Assistant Engineer Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $176,971.00 TO THE APPARENT LOW BIDDER, INTERNATIONAL PAVEMENT SOLUTIONS, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $17,697.10, FOR THE 9T" STREET PAVEMENT REHABILITATION FROM HELLMAN AVENUE TO ARCHIBALD AVENUE, TO BE FUNDED FROM GAS TAX FUNDS, ACCOUNT NO. 11723035650/1585172-0 AND APPROPRIATE ADDITIONAL AMOUNT OF $32,000.00 TO ACCOUNT NO. 11723035650/1585172-0 FROM GAS TAX 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 $176,971.00 to the apparent low bidder, International Pavement Solutions, Inc., and authorize the expenditure of a 10% contingency in the amount of $17,697.10, for the 9`h'Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue, to be funded from Gas Tax funds, Account No. 11723035650/1585172-0 and appropriate additional amount of $32,000.00 to Account No. 11723035650/1585172-0 from Gas Tax Fund Balance. BACKGROUNDIANALYSIS Per previous Council action, bids were solicited, received and opened on May 22, 2007, for the subject project. The Engineer's estimate was $194,290.00. 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 the apparent low bidder meets the requirements of the bid documents. The 9"' Street Pavement Rehabilitation from Hellman Avenue to Archibald Avenue scope of work consists of cold milling, asphalt concrete paving, ARHM overlaying, adjusting utilities to new grade, curb and gutter, sidewalk, driveway, slough wall, installation of striping and raised pavement markers. The contract documents call for twenty (20) working days to complete this construction. Respectfully submitted, i Willi~m J. O'Neil City Engineer wJO cHiccas Attachments P168 o O o 0 o O o 0 0 0 0 0 0 0 " o O O o 0 0 - o ~ o 0 p F o v; ri ~ -~ = o o v' -~ o x o o r `M ° ^~ 0 W N ~ ~ M r 0~ M ~C DJ ^! V M ^ ^ M ^y U. N Efi d? 64 ~ Y3 Vf +h i{s +A ifi Yi fA Vi yJ a ~ y N U 0 "" U o o c+ O o 0 0 o O o~ 0 0 O ^ O N O D O N O O O O O O O k E• F o ~ .-: vi v o~ vi u o -= o o vi '~ m z o r va N M ' w ~n t5 O n ~ in v~ O W E4 Vi v Efr K +fi N M W 9 O N „1, U ~ 6A to tf. ~ ~ (fi 0 0 0 0 0 o O o O c o O o O y Vi O O O O O O V1 o O O O O O ~ C O N O O W u; r O N O O .~ N F O N O O N O N r M O i r O O O ~. y Z W ~ CC ,T v1 O N O V l7 VJ v r~ °~ 0 U r7 OJ M 'V V ^ R C N V N M N 'V ~ D d 0 !A N 55 fR tfi O ffi 69 ifi fA tfi f9 H3 F o a ~ c o ° - y c O in c o O o O in o 0 0 0 0 ~ m N O O O O O O ~ N O O O O O p h F F o o -~ o i/i vi o~ ~D a vi f in C o 0 C v . y O W fR N N O N E9 !/? o N O O N i ~ K fA fR fA ~ F ~ U ~ H3 cv ~ ~ r i K f9 ffi (~ O O O O O O O O O O O C O O E„ 0 0 0 0 0 0 0 0 0 o O 0 0 0 F o in ~ o ~ o c o 0 0 0 0 0 o c, 7. O W W P --~ O O N C O N O O O N ~ F ~~ w W vi OJ Q l7 cs :V E» 0~ ~ r r» Q' ~ C v3 M rfi IfJ v? DJ u N ~» C °~ ~ ~ ~ ~ W v3 ~ ' o o '" o 0 o O o O o 0 0 0 0 0 W o 0 0 0 o O 0 0 0 0 O 0 0 0 "j., M E, N o O ~n iV v fR o O 0 in 0 O+ o a N -~ c~ 0 0 0 0 o 0 c 0 o 0 Z P U O fA N +R ((++~~ fA d3 fA EA fR fA N £A O O O z ~ ~ ~ fA w o F ~ a m m ti r ~ 0 4 c~ L ~ > d m o rv y - m Z d 2 ~ LL O ~ d d d ~ N _ V E / ~ ~ d 'o ~ n E ~ U c Y , w G U a o U ~ _ " `o `m ~ .^ V 'J Z _ ' _ V i m C7 t w w ~ o m O~ C ~ ~ O D J a /~ `J ~` `~ N ~ C LL x N d (n L O~ o j ~ N N C ~ c > m U' 3 v ~ o U' 4 U U N ~, o m e _oi N ~.. a N r ~_ 2 ~ m a ~ ~ _ ~ O v m m ~ B ~ a ' y~ y 4 c m o U d c °~ m ~ ~ ~ m v cJ 'x w ~ p c c~ o = a ~, _ ~ ~ _ _ ~ U Vi S ` m a - > - > m b y b H y ~ ti " '~ g _v 'C O m a U Q Q U U U K ~ Q U Q Q U r f~ I GJ M M ~ r J J J J J ~ ~ , Q In W W Q (n (n W W ~ 5 1- f- L ~ O O M (D 0 Ot O O. 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N N O O N - ~(1 O N O O O N O ~ f5 t~ N v M b5 ~D N O O ~ ~ C 6S Vf 'V E9 £A 6S N v V> M vJ a a ~ v, v, ~» ~ ~ ~ o o S o 0 o a o 8 8 a+ o 0 o S V O O O O O W O N N O C N O O O O O~ O~ ~i L N r M O M O O O O N O M O N N r O O C C C O O O [~ O ~~ M M 1~ Q ^ O V W V^ N N (^ -+ M ~ O K M f5 EA to N vt K !» tfi fA Hf ~fi w Yf 6S f9 ~ ~ A ~M ~ O O O O O O O O O O C O O O d O O O O O C O O N O C O O O y v; rn N in x ~n - rn o v: o C in n V ~ 6? di ffi ~ M~ ~ ~ ~ U 3 K ~ ~ ~ O Q ~ F r a U ~ A ~ ~ ~ ~ r o Q L N w ~ a O C Z m N ~ iLL -p N ~ d N r ~ ~ ~ N N _ ~ o N a p O m ~ i' Q v U o m ~+ m a U '~' o ~ ~ ~ d o ~ c _ d > U d Z `"' ~ °' v 3 ~ ° a L o ~ 4' a~ h ii d n to m > ~n ~ C~ ~' ~ m U m '< ~ 5 C7 °- ~ U o V j m m m c Z otJ > a J ~ G N • O ~ d > U ~ ~ '~ ^ J [ ~ O U O ~ L 'dam' OJ U d V O U .N X ~ C v~ W N C p C C i~~ a a U m ~ ~ ~ > > > ~ d U in U (O N L 'O ~ ~ r C C O. ~ G y A U Q U ¢ 6 Q U U U U ~ 4- ~- a~ F VJ (n J J ~ ~ Z J 'Q (n W W Q J (n V7 J W W _ ~ ~ F ~ r O O N (D O t0 O O O I~ r r N ' j E c~ o r~ o n ~~ v> v O, N r cn o> M r O N (`7 7 ~ 'V f~ W G~ O N (7 c` a, z P169 N C. 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O F H ~ a~i F ~ O m O o N ro (D O o (D r O u~ O a,~ O e I~ r r N o, N ~ .- M - o, O z N M V ~ rV f~ ~ G~ O N M C P172 ui "~ P173 9TH STREET PAVEMENT REHABILITATION (FROM HELLMAN AVENUE TO ARCHIBALD AVENUE) r' _ _ .ALMOND DR. ~ ~ LL'_~ ~^ HILL51 E EMO ~ ^ 1 FOp(7H~ILL B1LVD a II~ggQyL- w >• ~ ~~~-~ -..~ ROJECT SITE CITY OF RANCHO CUCAMONGA VICINITY MAP N P174 STAFF REPORT `~ "- ENGNEERIV G DEP.~IRTD(ENT RANCHO Date: June 6, 2007 C,OCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer ;~I~''~/ By: Cindy Hackett, Associate EngineeF~~_> Craig Cruz, Assistant Engineer~~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $561,957.28 TO THE APPARENT LOW BIDDER, LAND FORMS LANDSCAPE CONSTRUCTION, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $56,195.73, FOR THE HAVEN AVENUE AND 19T" STREET PARKWAY IMPROVEMENT, TO BE FUNDED FROM CAPITAL RESERVE FUNDS, ACCOUNT NO. 1025001565011504025-0 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 $561,957.28 to the apparent low bidder, Land Forms Landscape Construction, Inc., and authorize the expenditure of a 10% contingency in the amount of $56,195.73, for the Haven Avenue and 19t" Street Parkway Improvement, to be funded from Capital Reserve funds, Account No. 10250015650/1504025-0. BACKGROUNDIANALYSIS Per previous Council action, bids were solicited, received and opened on May 22, 2007, for the subject project. The Engineer's estimate was $894,102.65. 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 the apparent low bidder meets the requirements of the bid documents. The Haven Avenue and 19t" Street Parkway and soil preparation, installation of 6" concret planting of 24" and 15 gallon trees, 1 and 5 irrigation systems including water meters. T days to complete this construction. Respectfully submitted, Willi m J. O'Neil Cit Engineer Improvement scope of work consists of fine grading e header, cobble paving and landscape boulders, the gallon shrubs, 5 gallon vines, and the installation of he contract documents call for seventy (70) working WJO:CHlCC:Is Attachments 0 0 o 0 o N o 0 0 0 0 0 0 o N M O N O O O M O O N O O O O O ~O N 0] N n of O u'i ^ O C n C LV O O C 'Y N F N W M V M ~ N N r N O n O O O •~ iL n O l~ n J VJ O o M N N O O N C ~ ~ ~ ~ K FA x. FA FA ~ 'A ~ N V3 fA H3 K 69 FA N C ~' q W _ O O O O O O N O O C O O O O O ~ M O N O O O M O N O O O O r3 ~ n W N N C O O 'U v o] O O O F F Fp .-. t» a o~ a v3 n M FA o 0 0 m r» ~ V3 ~ rR V3 ~ o N Z O rR Hi a> ~ U m ~ to m o 0 0 c 0 0 0 0 0 0 0 0 0 o m .n o o O O O M O O O O O O O O N p ? N N O O O W O c O O O O O O r C P. F N ^ LT V W ? N N M C O o7 O O N N W ~y ,•~ o ~ M V M y. n r M a CO 0 0 o a p~ O O y '.7 O M W ~] O~ O ~O M M N O N V O M ~..~ ~ ~ _ N ~ ~ _ ~ ~ ^ ~ b 'p ~y Vi fA FR V? fA V3 fA `R FA C G ~'] V3 tR O a G . 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E n (>' + o U T. ~ ' L N C ~ ^ m a- N c N ~ CJ ~ d - 0 0 ~. y N N i ~ i m p .~ v~ z c ;~ = d ~ ~ ~ d t U T O ~ m ~ ~ m m m ~ d ~, n a _ o o o . .-. !y a o U d m m m m ~ v D x 0 m 2 N = N m Q c U w W N N i a i x > 2 ~ 2 ~ n a v a N m U w U m m m >i G O (n (p U J J J (n N ~ In ~(/ - F- ~ '~ V 'F~' W LL w Q Q Q w Q Q Q Q Q fn (~ (n Z (n J N W W W N W W W W W J J J ^ p } N N ~ Q n• ~ ~ CJ N O V ~ ~ ~ V ~ (~ 0' t:J W M 1~ 07 Q V (") W t0 N ~ to O O tp U7 N ifJ ~ M ~ M to ~ Q ~ N c~'i V u7 ~D t~ W O~ O N (`~ ~ ~ z P179 r a P180 HAVEN AVENUE AND 19TH STREET PARK~PAY IMPROVEMENT HAVEN AVENUE - 1YEST SIDE, FROM BASE LINE ROAD TO 210 FREEIVAY 19TH STREET -NORTH SIDE, FROM HAVEN AVENUE TO CARTII.LA AVENUE r' _ _ .ALMOND DR. ~~ EMO ~ ^ 4V N ^~ 19 \'U N ~~ 'ROJECT SITE CITY OF RANCHO CUCAMONGA VICINITY MAP N P181 STAFF REPORT ENGII~'EERING DEP~RTI<fEtiT Date: June 6, 2007 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer B}~: Mark Brawthen, Contract Engineer t_ ~ `r RANCHO ~UCAMONGA Subject: APPROVAL OF AN AGREEMENT FOR LANDSCAPE MAINTENANCE WITHIN STATE HIGHWAY RIGHT OF WAY LOCATED ON THE EAST SIDE OF DAY CREEK BOULEVARD AND SOUTH OF THE ROUTE 210 EASTBOUND ON RAMP, SUBMITTED PACIFIC GLOBE, INC It is recommended that the City Council adopt the attached resolution, approving the subject agreement for LANDSCAPE MAINTENANCE, and authorizing the Mayor and the City Clerk to sign said Agreement. BACKGROUND/ANALYSIS DRC2003-007,19, located on the I~TEC of Day Creek Boulevard and Highland Avenue was approved by the City Council on August 17, 2005 for the development of a 2,947 square foot gas station and convenience store and a 2,504 square foot fast food restaurant on 1.48 acres of land in the Village Commercial District. The Developer, Pacific Globe, Inc. is installing Day Creek Boulevard Beautification Master Plan Improvements along his frontage. The Day Creek Boulevard frontage is within State Route 210 right of way. In order for the developer to install the decorative walkway lights and street trees, Caltrans requires that the City complete the agreement for "Landscape" maintenance of these items. Upon the States acceptance of the agreement, the Developer will then be able to pull an encroachment permit from Caltrans and complete the installations. The Developer has previously submitted the improvement agreement and security to guarantee the construction of all the off-site improvements with DRC2003-00719. The Day Creek Beautification Master Plan improvements were included with that agreement. The State requires Landscape Maintenance agreements be signed in triplicate. The City Engineer will send all tluee original agreements to the State. Caltrans will process the agreements and return one original agreement to the City. Respectfully submitted, -1 ~C/ ~i~ William J. O'Neil City Engineer W.lO:NlBaly P182 VICINITY MAP NTS City of Rancho Cucamonga ENGINEERING DIVISION Item: Landscape Maintenance Agreement Title: VICINITY MAP EXHIBIT: "1" P183 RESOLUTION NO. ©/ - ~/+ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEAlENT FOR LANDSCAPE MAINTENANCE FOR A PORTION OF STATE ROUTE 210 RIGHT-OF-WAY ALONG.DAY CREEK BOULEVARD AND ADJACENT TO DRC2003-00719 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Agreement for Landscape Maintenance between the State Department of Transportation and the City for the maintenance of certain items within Caltrans right-of--way adjacent to the real property specifically described in Exhibit "A" therein, and generally located on the east side of Day Creek Boulevard between the eastbound State Route 210 on-ramp and Highland Avenue; and WHEREAS, the City of Rancho Cucamonga has a Beautification Master Plan for Day Creel: Boulevard for which the City has conditioned a portion of 'said Plan to be installed in conjunction with the development of real property adjacent to said Caltrans right-of-way, said development referred to as DRC2003-00719; and WHEREAS, the installation of such Master Plan improvements described in said Exhibit "A", namely decorative walkway lighting street trees and wood chip ground cover require maintenance; and WHEREAS, the City of Rancho Cucanonga is accepting responsibility for maintaining said installed items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: That said Agreement for Landscape Maintenance be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto. P184 STAFF REPORT ~' ~~ ENGINEERING DEPARTMENT L RANCHO Date: June 6, 2007 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Maria Perez, Associate Engineer ~;~~ f~ Craig Cruz, Assistant Engineer GDc Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $127,772.00 TO THE APPARENT LOW BIDDER, PIVOT GROUP, INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $12,777.20, FOR THE CITY HALL PLANTER COVERS, TO BE FUNDED FROM CAPITAL RESERVE FUNDS, ACCOUNT NO. 10250015650/ 1603025-0 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 $127,772.00 to the apparent low bidder, Pivot Group, Inc., and authorize the expenditure of a 10% contingency in the amount of $12,777.20, for the City Hall Planter Covers, to be funded from Capital Reserve funds, Account No. 10250015650/ 16 03025-0. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 22, 2007, for the subject project. The Engineer's estimate was $106,493.40. 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 the apparent low bidder meets the requirements of the bid documents. The City Hall Planter Covers scope of work consists of cutting, capping and sealing drains, filling planter boxes with insulation, casting covers in place, and applying caulking and sealants. The contract documents call for forty (40) working days to complete this construction. Respectfully submitted, William J. O'Neil City Engineer WJO:MP/CC:Is Attachments P185 0 0 0 0 0 0 0 o O o O o 0 0 U F, ? N 1~1 5 P O ~ n C~ ^ 0 G~ O n M . 4+ Q ~ ~R fR fA ~ v 0 W ~ K ~ W ~ ~ U O O O O L .F. W N O ~' O 0 (") 69 N Y3 V £R ~J Zi Q SR 0 Q ~ U ~ 0 0 0 0 0 0 0 0 0 0 0 o n r ~ z o ° ° ~ ° v M ~ ] o o - N M 1- 1 ~ ~ .-. N C N x1 W -' M M 7 V U ?.~ ~ M ~ ~C+ I' C V? 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P186 LOCATION CITY OF RANCHO CUCAMONGA CITY HALL VICINITY MAP N NOT TO SCALE P187 STAFF REPORT ENGINEERING DEP.IRT~IENT Date: June 6, 2007 To: Mayor and Members of the City Council Jack Lam, A1CP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Engineering Tech. II ~,~ I~Y~ RANCxo ~UCAMONGA Subject: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR PARCEL MAP 16445, LOCATED ON THE NORTH SIDE OF SIXTH STREET, ABOUT 1,000 FEET EAST OF ARCHIBALD AVENUE, SUBMITTED BY CHANG REVOCABLE TRUST RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Map 16445 were approved by the City Council on April 19, 2006, in the followine amounts: Faithful Performance Bond: S 112,500.00 Labor and Material Bond: S 112,500.00 Due to delays .encountered with w~dergrounding existing overhead electrical lines and other improvements the project is not complete. The developer, Chang Revocable Trust, is requesting approval, of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectfully submitted, ~~~~~~ William J. O'Neil City Engineer b'~'JO:TCHaIv Attachment(s) P188 Cap Brothers Construction Co. Inc. General Contractors 2020 Del Amo Blvd. Suite #105 Torrance, CA 90501 License # 316527 5/3/07 To: Tasha Hunter -City of Rancho Cucamonga Engineering Department From: Mark Capellino RE: Improvement Agreement Extension Dear Tasha, We aze requesting an extension on our existing Improvement Agreement for PM16445. This extension has become necessary due to delays encountered with undergrounding existing overhead electrical lines and completing the extension of the public walk at the raikoad right-of- way. A notarized extension agreement and a check for payment of the extension will be hand delivered to your office today. Sincerely, Mark Cap lino P189 NOT TO SCALE a Q _ ' ~ I ~ ° ~ ~ 25th Sl ~; l ~ a~ j ...... . _ F!ron &vd ' _ :.= m~ ! .< .: A. r(j 24th St ` ' ^ j . .. :OTd To'on~Purk`...._ , D _~ _ .... ... }Bth St ~. ~ _ ~ ~$' _ oc c~ ve _Humbd --._ _ . : {' ... ~~ "" Q ' r.1.. . 1.I r .t .. .. _. . _ . ._. .. .. • t 8th _ ~O 0 - .._ .___._- ~ '~ ~ !? 1° ~ r 't __ A $> I 1 q . \~, ~ 3~ ~ \g~l ~. .1 .. .-.__ E 6th Si n W ~i }}ry ~n P ; ~ ~!I O _ _' iil 'o z ~I ~~. J ~ n e ETAeHroIss Sl ~'_._. ._. .__. ID ..-_. __~_ .~ -in, !~~-'~'I (Cameron St;~j PMl6'~~5 ~~ I I fJearbrook SI,`n ~ (, J '~ i~ Idow 3t I"" ~" "I-~ Shpron Ce ~ iD 1{ _._.., f4 . .. ,t.,._._-._~ _. ~_~ -6th SI _ _...._-_--+--...._...._o ~. -- 4y~ IPa'• ~ t1 ~ I Irr ~i9 } .. ~.T I e ~ •c Z n t _ a~•I _ ... ~= i • ~~ ~~.. Sh E 4th St 1`a Glenalte f • IU -L r~ri C[ J Clty Of Rancho Cucamonga ENGINEERING DIVISION St _..:•e._.._ . _.. _ ... r> ;< n .` Can tours Sl Item: Parcel Map 16445 Title: VICINITY MAP EXHIBIT: 1 ~~ '~~NltlOtne ~( I_ _.. ._ recent Curter Or P190 RESOLUTION NO. O ~ ~~ O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAb~IONGA, CALIFOR\IA, APPROV'ING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 16445 WHEREAS,. the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on June 6, ?007, by Chang Revocable Trust, as developer, for the improvement of public right-of--way adjacent to the real property specifically described therein, and generally located on the north side of Sixth Street, about 1,000 feet east of Archibald Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Parcel Map 16445; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified 'in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga; and the City Clerk to attest thereto. P191 STAFF REPORT ENGINEERING DEP-~RT~fENT Date: June 6, 2007 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Engineering Tech. ~, RANCHO C,UCAMONGA Subject: APPROVAL OF IMPROVEMENT AGREEMENT EJiTENSION FOR TRACT 16226-1, LOCATED AT THE NORTHERLY TERMINUS OF DAY CREEK BOULEVARD WEST OF ETIWANDA AVENUE, SUBMITTED BY K. HOVNANIAN FORECAST HOMES, INC. RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 16226-1 were approved by the City Council on April 19, 2006, in the following amounts: Faithful Performance Bond: $ 1,305,700.00 Labor and Material Bond: $ 1.305,700.00 Monumentation Cash Deposit $ 7;400.00 Due to unforeseen schedule delays all required improvements under the original agreement have not been completed. The developer, K. Hovnanian Forecast Homes, Inc., is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectively submitted, ~~ c' W"' liam .I. O'Neil City Engineer W.TO`TCH .Attachments P192 ~_ ~~ ~; o~%nanlan ~~ ,. May 1 ~, 2007 Tasha Hunter Engineering Tech. 10500 Civic Center Dr. Rancho Cucamonga, CA 91729 RE: Improvement Agreement Extension for Tract 16226-1 Dear Mr. Tasha Hunter The purpose of this letter is to request your approval on an extension on the required improvements for tract 16226-1. Due to unforeseen schedule delays all required improvements under our original agreement with the City of Rancho Cucamonga have not been completed. Along with this letter of request. I have provided three'copies of the Improvement Agreement Extension signed with a processing fee of $298. Please contact me at (909) 821-9377 if you should have any question or need additional information. We at K. Hovnanian Homes appreciate your willingness to work with us and look forward to working with the City of Rancho Cucamonga Engineering Department on future projects. Thank yo}z,; r/ ;~ ' / -Irene Romero' Lmzrf Planning Specialist Ih. Hovnanian Homes ^rx~sry, c5 it tiI~"P ~,.. ti, , u. ~jrn r c-c ~ tY1 1500 S. HAVEN AV E, SUITE 100, ONTARIO, CA 91761 TEL: (909) 937-3270 FAX: (909) 390-5686 KHOV.COM P193 N N 0 0 W ~ til 0 U mm~ q °z a ~ F ~, H Q z Oz ~o d~ U~ ~Q U t7 O ~w ~ z ~~ U ~w P194 RESOLUTION NO. ~ 7- l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EaTENSION AND IMPROVEMENT SECURITY FOR TRACT 16226-1 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on June 6, 2007, by K. Hovnanian Forecast Homes, Inc., as developer, for the improvement of public right-of- way adjacent to the real property specifically described therein, and generally located at the northerly terminus of Day Creek Boulevard west of Etiwanda Avenue, submitted by K. Hovnanian Forecast Homes, Inc., and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 16226-1; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. P195 STAFF REPORT EA~GINEEItItiG DEPART\fENT Date: June 6, 2007 To: Mayor and Members of the City Council ,Tack Lam, AICP, City Manager From: William J. ONeil, City Engineer By: Tasha Hunter, Engineering Tech. ,,, -, ~,~~ ~~J RANCHO cUCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR DRC2002-00264, LOCATED ON THE SOUTHWEST CORNER OF 6TH STREET AND UTICA AVENUE, SUBMITTED BY 6TH & UTICA, LLC RECONIIVIENDATTON It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for DRC2002-00264, located on the southwest corner of 6th Street and Utica Avenue, submitted by 6th R Utica, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER 6th R Utica, LLC 18111 Von Karman Avenue, # 500 Irvine, Ca 92612 Release: Maintenance Guarantee Bond #104738890 $21,750.00 Respectfully submitted, ~ n ,a /j William J. O'Neil City Engineer W,TO:TCHaIv Attachment(s) P196 Vacinity,Map N. T S. City of Rancho Cucamonga 31 TITLE: Vacinity Map EXHIBIT "A" P197 STAFF REPORT ENGINEERING DEPdRT\IENT Date: June 6, 2007 To: Mayor and Members of the City Counci] Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By': Tasha Hunter, Engineering Tech. {, I~~~'S 1_ ~,~~ ~~--~ RANCHO CUCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR DRC2003-01174, LOCATED ON THE NORTH SIDE OF JERSEY BOULEVARD EAST OF WHITE OAK AVENUE, SUBMITTED BY HD RANCHO CUCAMONGA ASSOCIATES, L.P. It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for DRC2003-0 1 1 74, located on the north side of Jersey Boulevard east of White Oak Avenue, submitted by HD Rancho Cucamonga Associates, L.P. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER HD Rancho Cucamonga Associates, L.P. 1420 Bristol Street, North, #100 Newport Beach, Ca 92660 Release: Maintenance Guarantee Bond #1fi47570-M 511,030.00 Respectfully submitted, Wil i1 any ,T. O'Neil City Engineer W.TO:TCHaIv Attachment(s) P199 F ~, ~ STAFF REPORT ~~~ ; ENGINEERING DEP.~IRT;~fENT ~~ w Date: June 6, ?007 RANCHO cUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Engineering Tech. Subject: RELEASE OF MAINTENANCE CASH DEPOSIT FOR PARCEL MAP 16969, LOCATED ON THE WEST SIDE OF EAST AVENUE NORTH OF HIGHLAND AVENUE, SUBMITTED BY VERIZON CALIFORNIA, INC. RECO>\'i11'IENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Cash Deposit, for Parcel Map 16969, located on the west side of East Avenue north of Highland Avenue, submitted by Verizon Califomia, Inc. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. ' DEVELOPER Release: Verizon California, Inc. 3961 Blackbird Way Calabasas, Ca 9130? Maintenance Cash Deposit #CR086182 51,150.00 Respectfully sublmtted, /, /, Will am J. O'Neil City Engineer WJO:TCHaIv Attaclvuent(s) P200 ~ E S~ Vicinity Map PM 16969 P201 •, STAFF REPORT ~- , ', ENGINEERING DEPBRT\fENT ~~ .~ Date: .lune 6, 2007 RANCHO CUCAMONGA To: Mayor and Members of the City Council ,lack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Engineering Tech. Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 16335, LOCATED ON THE EAST SIDE OF EAST AVENUE, NORTH OF BASE LINE ROAD, SUBMITTED BY KB HOME GREATER LOS ANGELES INC. RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 16335, located on the east side of East Avenue, north of Base Line Road, submitted by KB Home Greater Los Angeles Inc. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER KB Home Greater Los Angeles Inc. 801 Corporate Center Drive; Ste # 201 Pomona, Ca 91768 Release: Maintenance Guarantee Bond #008607-A Respectfully submitted, Will'/an~ J. O'Neil Ci[v Engineer 526.940.00 WJO:TCHaIv Attachment(s) HIGHLAND VICTORW STREET z PROJECT S a ~~ ~~P ~~ \~~ UNE CI`ITY OF RANCHO CUCAMONGA ~~ ~\ ~V rrEbr: ~ie~,~ /~ 3~~~_ T~ UDC/Nll?~ M•~'' ENGINEERING DIVISION P203 STAFF REPORT ENGINEERING DEP.-1RT~fENT Date: June 6, 2007 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Engineering Tech. ~~i ~ ~i~ ~=~ ~~ RANCHO C,UCAMONGA Subject: RELEASE OF MAINTENANCE GUARANTEE BOb'D FOR TRACT 16430, LOCATED ON .THE NEST SIDE OF ARCHIBALD BETWEEN WILSON AVENUE AND HILLSIDE ROAD, SUBMITTED BY ARCHIBALD VENTURES, LLC RECOMA9ENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract .16430, located on the west side of Archibald between Wilson Avenue and Hillside Road, submitted by Archibald Ventures, LLC BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materi als and workmanship. DEVELOPER Archibald Ventures, LLC 20151 SW Street Newport Beach, Ca 92660 Release: Maintenance Guarantee Bond #212634-M Respectfully submitted, ~~~~~~, William .l. O'Neil City Engineer $91.390.00 W.IO:TCHaIv Attachment(s) P204 N E S Vicinity Map Ci#y of Rancho Cucamonga TRACT t 6430 P205 STAFF REPORT ''. ~- ~~ ENGINEERING DEP.-1RT;~fENT ~- ~ ~ .J .~-- jZAlvcHo Date: June 6; 2007 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Tasha Hunter, Engineering Tecli. Subject: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 16461, LOCATED ON lAOMASA STREET, WEST OF HELLMAN AVENUE, SUBMITTED BY PATRICIA PRUTTING, DELBERT & JUDY FELTIS AND JAMES & BERNICE DUNN RECOMMENDATION ~~ It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 16461, located on Iaomasa Street, west of Hellman Avenue, submitted by Patricia Prutting, Delbert & Judy Feltis and James & Bernice Dunn BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Patricia Pnrtting, Delbert & Judy Feltis and James & Bernice Dunn P.O. Box 338 Alta Loma, Ca 91701 Release: Maintenance Guarantee Bond #66113342 $13,040.00 Respectfully submitted, ~~~ ~~ ~~~ William .T. O'Neil Crty Engineer WJO:TCH aIv Attachment(s) - - - - - .... P206 . ~/LL~/lE iPOitD - -~ N• A• d. ....+r... .. VACANT IAND -'~~~ ~PM 2]56. PNB 25/29-25~^~~~ ~ •` I-- ~ - `••200,0 ~-R _ 2]G~ - -Y]O~,,t59R IY 1]{Yi x~ It . ,_. __..- _ ~ ~I ii _ _ _ _ __ __-~--' __- --' --- ~----- \ I CITY OF RANCHO CUCAMONGA ENGINEERING DMSION I - ---+. i ~)~ ~""OI ~- - N ITEM: ~~r ~~j~/ TITLE: ~/~C~/V~lyM/~P _ ~~ i I P207 ORDINANCE NO. FD 44 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, AUTHORIZING THE LEVY OF THE SPECIAL TAX IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 FOR FISCAL YEAR 2007/08 WHEREAS, a special election was held in the Mello-Roos Community Facilities District No. 85-1 (the "Community Facilities District") of the Rancho Cucamonga Fire Protection District (formerly Foothill Fire Protection District, the "District") on Tuesday, December 10, 1985; and WHEREAS, as a result of the election, more than two-thirds (213) of the qualified electors voted in favor of a proposition to authorize the levy of a special tax for fire suppression services and facilities, to establish ari appropriations limit and to annually adjust the special tax and appropriations limit based upon changes in cost of living and changes in population; and WHEREAS, pursuant to Section 53340 of the Government Code, this Board of Directors is authorized, by ordinance, to annually levy a special tax at the rate and apportion the special tax in the manner specified in the resolution adopted pursuant to Article 2 (commencing with Section 53318 of the Government Code), except that this Board of Directors may levy the special tax at a lower rate; and WHEREAS, this Board of Directors desires to levy a special tax in the Community Facilities District for the fiscal year 2007/08. NOW, THEREFORE, it is hereby ordained as follows: SECTION 1: Levy of Special Tax. By the passage of this ordinance, this Board of Directors hereby authorizes and directs the levy of a special tax in the Community Facilities District for the fiscal year 2007/08 at the rate and apportioned in the manner set forth in Exhibit "A" attached hereto and made a part hereof. SECTION 2: Exempt Properties. This Board of Directors hereby determines that properties or entities of the State, Federal or'other local governments shall be exempt from such special tax. SECTION 3: Use of Special Tax. This Board of Directors hereby finds and determines that the special tax shall be used to pay, in whole or in part, the costs and expenses for facilities and services specified as follows: (a) The construction, acquisition, expansion and/or rehabilitation of public facilities, within or for the benefit of, the Community Facilities District generally described as follows: P208 Fire protection and suppression facilities and appurtenances, including; equipment, real property and other tangible property with an estimated useful life of five years or longer. (b) The services to be provided within the Community Facilities District are generally described as follows: The performance by employees of functions, operations and maintenance and repair activities in order to provide fire protection within the Community Facilities District. (c) The repayment of advances and loans. The special tax shall be used solely for the purposes specified above and for no other purpose. SECTION 4: Collection of Special Tax. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem taxes. SECTION 5: Filing of Ordinance. The Secretary is hereby authorized and directed to file a certified copy of this ordinance with the Tax Collector of the County of San Bernardino as may be appropriate. SECTION 6: Publication of Ordinance. The Secretary is hereby authorized and directed to publish this ordinance once in a newspaper of general circulation and to maintain the ordinance for public inspection and distribution. SECTION 7: Publication: Effective Date. This ordinance was read on the 16`h day of May, 2007, and was adopted on the day of 2007 and shall take effect and be in force upon its adoption. P209 EXHIBIT "A" SPECIAL TAX FOR FISCAL YEAR 2007/08 IN MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 85-1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STRUCTURES Residential Multi-family 2 DU: 3 DU: 4 DU: 5-14 DU: 15-30 DU: 31-80 DU: 81 - up DU: ANNUAL SPECIAL TAX ($143.31) per DU 1.75 ($143.31) 2.25 ($143.31) 2.65 ($143.31) 2.65 ($143.31) 6.15 ($143.31) 10.65 ($143.31) 23.15 ($143.31) + {.35 (TU - 4) ($143.31)} + {.30 (TU - 14) ($143.31)} + {.25 (TU - 30) ($143.31)} + {.20 (TU - 80) ($143.31)} Commercial ($143.31) per acre + $.078 per SF Industrial ($143.31) per acre + $.095 per SF Reduction NOTE: DU =Dwelling Unit TU =Total Units SF =Square Foot Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. P210 ORDINANCE NO. 777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESCRIBING THE. RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S PROGRAM TO ACQUIRE REAL PROPERTY TO COMPLY WITH STATE REQUIREMENTS ON EMINENT DOMAIN WHEREAS, the Rancho Cucamonga Redevelopment Agency ("Agency") is a redevelopment agency in the City of Rancho Cucamonga, created pursuant to the California Community Redevelopment Law, California Health & Safety Code Section 33000 et seq. ("Community Redevelopment Law"); and WHEREAS, the Rancho Cucamonga City Council adopted and approved the redevelopment plan for the Rancho Redevelopment Project on December 23, 1981, by Ordinance No. 166, establishing thereby the Rancho Redevelopment Project Area (the "Project Area"); and WHEREAS, the redevelopment plan was amended on August 13, 1987, by Ordinance No. 316A to increase the financial limitations to the Plan, to include additional improvements to be undertaken by the Agency, and to make other changes as more particularly described in Ordinance No. 316A; and WHEREAS, the redevelopment plan authorized the Agency to acquire real property and interests in real property by eminent domain under certain limited conditions described in Section 200 of the redevelopment plan; and WHEREAS, under the redevelopment plan, the Agency's authority to acquire real property by eminent domain expired on August 13, 1999; and WHEREAS, the redevelopment plan was further amended on June 20, 2001 by Ordinance No. 657 to extend the time limit within which the Agency is authorized to incur debt in the Project Area and to provide for additional facilities and improvements to be undertaken by the Agency; and WHEREAS, the redevelopment plan was further amended on January 16, 2002 by Ordinance No. 674, to reinstate the Agency's authority to acquire real property and interests in real property by eminent domain as to certain commercially-zoned property described in said amendment (the redevelopment plan, and all amendments thereto, is hereafter referred to as the "Redevelopment Plan"); and WHEREAS, under the Redevelopment Plan, the Agency's authority to institute proceedings to acquire real property and real property interests by eminent domain pursuant to the Redevelopment Plan expires following the expiration of the twelfth year following adoption of Ordinance No. 674; and P211 WHEREAS, California Health & Safety Code Section 33342.7 (added by Senate Bill No. 53) became effective January 1, 2007, and requires a legislative body that adopted a final redevelopment plan before January 1, 2007, to adopt an ordinance describing the redevelopment agency's program to acquire real property by eminent domain; and WHEREAS, under the Redevelopment Plan the Agency has authority to acquire certain real property and real property interests by eminent domain, and therefore the Redevelopment Plan, together with applicable law, rules, regulations, guidelines, and policies, as described herein, comprise the Agency's program to acquire real property by eminent domain. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION 1: The Agency's Eminent Domain Program. Without further amendment of the Redevelopment Plan, the Agency's program for the acquisition of real property by eminent domain is hereby described as follows: (a) The Agency may, but is not required to, exercise its authority to acquire real property and real property interests by eminent domain. The Agency may exercise that authority only when the following conditions are met: (1) The proposed acquisition is in accordance with the Redevelopment Plan and necessary to its execution; and (2) The real property proposed to be acquired by eminent domain is the real property, or some portion of the real property, or any interest in the real property or some portion thereof, that is described in "Amendment Three" to the Redevelopment Plan adopted pursuant to . Ordinance No. 674, and described in said amendment as "the commercial portion of the Project Area located east of the 1-15 freeway, west of Etiwanda Avenue and south of Foothill Boulevard, and mdre particularly described as Assessor Parcel Number 229-031-47 and 229-031-48"; and (3) The proposed acquisition is in compliance with all applicable law and regulations, including but not limited to, the California Eminent Domain Law, California Code of Civil Procedure Section 1230.010 et seq. ("Eminent Domain Law'); and (4) Proceedings to acquire real property or real property interests by eminent domain are commenced on or before the expiration of the twelfth year following adoption of Ordinance No. 674. P212 (b) The Agency shall offer such participation and reasonable reentry opportunities to owners, business operators, and tenants in the Project Area as are in accordance with the Redevelopment Plan, and shall comply with the Community Redevelopment Law and the Agency's Owner Participation Rules, adopted by Agency Resolution No. RA-81-9, as such rules may be amended from time to time. (c) The Agency shall provide relocation assistance and make all payments in accordance with applicable State law, including but not limited to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code ("State Act"); the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations, beginning with Section 6000)("State Guidelines") adopted by the Department of Housing and Community Development to implement and interpret the State Act; and, if and when applicable, Federal law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C., Section 4601 et seq.)(the "Federal Act") and the Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs Regulations (49 Code of Federal Regulations, Part 24, beginning with Section 24.1)(the "Federal Guidelines). The Agency shall comply with its "Rules and Regulations for Implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines" ("Relocation Rules"), adopted by minute order December 6, 2005, as such rules may be amended from time to time. (d) If the Agency's Owner Participation Rules or Relocation Rules are amended or superseded subsequent to the adoption of Ordinance No. 777, the foregoing description of the Agency's eminent domain program is automatically amended to be consistent with any such amendment or new rules, and no amendment of the Redevelopment Plan shall be required. SECTION 2: California Health & Safety Code Section 33342.7. This Ordinance is adopted pursuant to California Health & Safety Code Section 33342.7 and is a description of the Agency's program to acquire real property by eminent domain, as mandated by that statute, and no amendment of the Redevelopment Plan is effected by this Ordinance. P213 SECTION 3: California Environmental Quality Act. This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "CEQA Guidelines'), and the City's environmental guidelines. The City has determined that this Ordinance is not a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines Section 15378. Specifically, this Ordinance is adopted in order to comply with the requirements of California Health and Safety Code Section 33342.7, and is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (CEQA Guidelines Section 15378(b)(5).) Therefore, because it is not a "project," this Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance were deemed a "project" and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment (CEQA Guidelines, Section 15061 (b)(3)). As an organizational or administrative activity that does not effect any change in the Agency's authority to exercise, its powers of eminent domain and involves no exercise of such powers, the Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Ordinance is not subject to CEQA. (CEQA Guidelines, Section 15061(b)(3)) SECTION 4: Severability. If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted. SECTION 5: Certification. The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish or post this Ordinance in accordance with law. SECTION 6: Transmittal to Agency. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. SECTION 7: Filinn notice of exemption. Staff is hereby directed to file a Notice of Exemption with the County Clerk within five (5) days of the adoption of this Ordinance pursuant to Section 15062 of the CEQA Guidelines. STAFF REPORT ENGINEERII~'G DEP.~1RTi`fENT Date: June 6, 2007 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William J. O'Neil, City Engineer By: Donna Vega, Management Aide -~,-- RANCHO C;UCAMONGA Subject: CONSIDERATION TO APPROVE AN INCREASE IN RESIDENTIAL AND COMMERCIAL REFUSE HAULING RATES AND TO AUTOMATE THE CITYS GREEN WASTE COLLECTION PROGRAM RECOMMENDATION That City Council: 1. Approve the proposed adjustment in the Residential Refuse Collection Rates, to be implemented July 1, 2007, which increases the rate for residential refuse pickup by $0.59 per month., 2. Approve the proposed adjustment in the Commercial Refuse Collection Rates, to be implemented July 1, 2007, with a 4.4% CPI and $0.69 per ton tipping fee increase. 3. Approve for Burrtec Waste Industries to up-grade the City of Rancho Cucamonga's current Residential Green waste program from manual collection to full automated collection. 4. Approve to extend Burrtec's collection agreement term until June 30, 2015. BACKGROUND The City's franchised waste hauler, Burrtec Waste Industries, is requesting an adjustment in -the Residential and Commercial Refuse Collection Rates effective July 1, 2007. The proposed rates include an adjustment for increases in disposal and materials processing, which increased from $36.00/ton to $38.80/ton for refuse, as well as Consumer Price Index and increased vehicle fuel and insurance costs. The hauler is asking fora $0.59 per month adjustment for residential customers south of Banyan, increasing their rate from $20.40 to $20.99 per month; and a $0.61 per month adjustment for residential customers north of Banyan, increasing their rate from $21.13 to $21.74 per month. Burrtec is also requesting a 4.28% CPI and $0.69 per ton tipping fee increase for all commercial customers. Attachment "A" details which portions of the rate are being proposed for adjustment and by how much. As previously stated, all rate increases would be effective July 1, 2007. This implementation date reflects an 18-month time span since the last residential increase and a 20-month time span since the last commercial increase. P214 ~~ ~ ~ ~ ~ d o a o 0 0 ~I O p ~,~0~, O~ O D O ~ (~U O l! LJ v cJ O ~o O ~ / ~ (cU o a ~ ~ ° o D ~J D ~ ~~ ~~ ~ ~ d ~ ~ O ~~ ~a°~a a ULJ 111J ~ lilJ ~ 1SLJ Oo p D Q ~ ~ o O ~ O o o D ~ ~ ~ D ~ ° O O UV p ~ O O b ~~ OO ~ D D ~~ °a ~o ~ D _ O ,,~0 ~ii ~ ~ ~ ~ O~0 (~ ~1 ° O ~ O ~ D ~ ~ O O ~ D O ~ ~o p D ~ ~ ~ 17TS oo (((~~~ 00 rrvJJi o ~J J ~~w C.li:~G°~GLE. -':J~~J .~-t1/3~ 4~,i~~t-G<.21r'.v ~~'~ ~n.~.,, ~..~`-E;J ~ i ~Y 7 ~ ~-i2~::~-, ; ~~~~~~ r~~r ~. `= j~~~1d J r.Fe .j 6~~„1^ ~~'~ i~. ~ .~ :~ `N ;~ '. ~ ~ ', t. t ~: c. L,, ;G. t,~.:m ~: - • . 3 ~~ ~ ~~ ~' \ .~ ` c ~~~ ~V ~~ ~1 r~ \~ L C~, ;R ~~ C ,~, -, J r'~ ~~1 ill ~ ~.-~ I 1T 7 `\ \ ~~~-~/~, ~ ¢¢- / /~ ,~~~ ~~ cc~-n-~ ~ Gfr~l ~-~ /~ca.-~ ~ C~~c ~n•-ems^~ i~~e 12~~ ~~ ~ ~~~~v~ ~ REC~!`JED ~Pk ~ ~ ~a0~ -~ CITY QF R~i!C'r{v CL':~!~~9nNGH ~•nr `'~ ~ci` 'I~vb:~au~~e~ w~: w,;~~ f~ i~ ~lj ~~ !~: IY '~ :Q~ ,~ .~ Q f ~~J F~ i e¢ z a ~ J ~ C~ Cpl G d Q ~ S ej oo O ~ N J ~. m e 0 a: N r ~~ $ s ~\ ..:: ~ ~ ~ :: ~~ ~.. j - ~ ~ --- . ~ ° ~ ~_ ~1 ~~~ A ~~~ G ~ ~~~U::~LOZ ~C~~~c~ ~ C-!.~/~/~/7G7-33 2 S V~ f ! VIC ~7PLt~v~ ~a~~!'1Itl14PV ,J- / ~'-`5l ~U Ci t Y C'.LEr~K hC~1- ,~pj/--t-l',E(i/FC-~~ ~ //~~ ~..~~ , U/ ~//j /~ ~ // , /, l c j ,~,1z-c~~ ~ U ~'~ 9 ~~~~ s~~~ ~~9s.Joscpl~ineKopasz ~~' 'C:~l, 4~~? 6314 Sacramento Ate. ,~ Alm Loma. CA 917U] '~'a"tv.kS'i3'~l~',+~, .'L":~ ~~~b i ~ ~ ~i~ICi~[l~ li /o:~°.~4-~~V~"'-"'VCS ~' . "_ ~ "!. ~L~ e~ C~.. '~~~ ~ V 7 c_, cA 9129 W L ~'~~ ~"~J Gi -~- ~ ~. µ d P ~~~~ wad ~~~~lu~~~~~ ~/ ~' ~~ ~ ~`~ ~ wv~'~ ~ei ~'~`"d CI'Ty pf ~Q~ v U 2~~- ~ . N p,.~,~~ R~tt~CrtC) ~t1CANCJ ~: 4al cV ~ ~ N I I r < ` c r ~ G n r~~ Y' ~. Ms. ]osephioe Delpino 9675 Meadow St. Rch Cucamonga, CA 91730-5660 "1 i ,~~= f ~ 4 .~ ~• _ _: ~' ~ :•.~ r~ ., ~. ~, d !J w .~ !/7" ~'. ~ ~. ~ ~ 4 r. W _ rvt. i `~~ ~, o a, U ~ i ~ ~ I '--°. ~? 3 - I ,. ~ o. ~ ~ N U u ~ j L 1 E l 6- c~ ~~ ~ ST ~ c~ J ~ ~ ~~~ \` ,... ,:ti ~:~ _: .~ .r. ,.~ ,... :~ ~r~ ~' `S ,- i t~---`- ~f i~~!` ~r- ~~r~~c, ~~C~/~~ ;~ ~ `°~ L ~ R~.( /1 P V ..mK "1/i/L~ LI Ytl F~~~`R~,~~ i E< ~.w~L -- G/ )~ ~, ~ n ~, v sE7~~cfi~~ 'Lr-~e ,t,uc-ue--a-e , ,^ % f ~'• ' . ~ ~~~~ti~ ~~ £~~ ~~ ~ / ~~ ~~ _~ Sf z Y~ 3 x 'L Z " ~-. f~ ~. r ;~ f-~ iii c° r~ :34i ~: '" ~ (`i ~. I"" i.: i„1 ~p __ ,-~ 0 :~ ~ ~ m °_ ° ~ x °s i ~ V 'X U S 9 ~ ° ~ x ~u ,~ v r\ :1115`, V~ V ~~ G ~~ J e `~ ~. ~ ~~ V J i .~ a ~~J - ~ ~~ ~~ J .11 •v t 2 c~ y f a R ~~ ~ `~ f~ ~ ~ X c J 1 A n i a m ~~ -~ May 1, 2007 Yukon Disposal Service 9820 Cherry Avenue Fontana, CA 92335 RE~~~~~ ~~~ 0 ~ ~~7 -tt~ CITY' OF AATM ~ ~~;^NiON~ i 'R!~ - H~. ~`~ Customer Service: Recently the city sent out a proposed rate increase. In this notice it shows the current rate and asked increase. It also shows that a SENIOR rate (60 and over) is offered. 1 called you asking about this SENIOR rate and you said it had always been in effect. You have recently sent me application for that discount. In 2002 I acquired 5645 Revere Avenue. At that time I called you to notify you I was the new owner of the property so my name would be on the billing. At that time you told me that you no longer gave senior discounts and changed future billing to the full rate, I was 62 years old at that time. The person I talk to (your employee) was of zero service to me and you. This lack of service has cost me the discount I should have been receiving for 5645 Revere Avenue and 5628 Revere Avenue, over $1,000.00. I have record of all of my payment to Yukon since January 1996. Another deficiency is the lack of available price lists that would indicate what you offer. Putting a list of your costs and services on the back of each billing would be simple and smart. The service history speaks for its self. Jack L. Barich 5628 Revere Avenue (08 K1 131715) (/ - 5645 Revere Avenue (08-K1 203459) Home (909) 980-5774 Cell (909) 210182 cc Debra J. Adams, City Clerk, City of Rancho Cucamonga / City Council • EXHIBIT A CITY OF RANC HO CUCAMONGA PROPOSED RATE INCREASE Current Proposed Current P roposed Service Tvpe Rate Rate Service T e Rate Rate Residential Service (South of Banv an) Commercial Trash Service Standard $ 20.40 $ 20.99 Size Freq Senior $ 13.67 $ 14.06 1.5 1 $ 88.75 $ 94.75 Multi-Family -per unit $ 19.40 $ 19.99 1.5 2 $ 130.52 $ 140.52 1.5 3 $ 171.43 $ 185.39 Residential Service (North of Banv an) 2 1 $ 99.28 $ 106:49 Standard $ 21.13 $ 21.74 2 2 $ 150.73 $ 163.13 Senior $ 14.16 $ '{4.57 2 3 $ 202.46 $ 220.04 Multi-Family =per unit $ 20.13 $ 20.74 3 1 $ 119.56 $ 129.10 3 2 $ 184.07 $ _ 200.80 Residential Service -Extra Barrels 3 3 $ 249.13 $ 273.08 Extra Trash Barrel $ 6.00 $ 6.25 3 4 $ 313.83 $ 344.97 Extra Recycling Barrel $ 1.00 $ 1.25 3 5 $ 378.48 $ 416.84 Green Waste Barrel $ - $ 3.25 3 6 $ 443.72 $ 489.28 4 1 $ 139.56 $ 151.44 Residential Single &Multi-Family Bin Service 4 2 $ 220.90 $ 242.16 Size Freq 4 3 $ 302.02 $ 332.68 3 1 $ 107.75 $ 116.46 4 4 $ 383.09 $ 423.12 3 2 $ 167.07 $ 182.43 4 5 $ 464.15 $ 513.57 3 3 $ 226.41 $ 248.42 4 6 $ 545.44 $ 604.24 3 4 $ 285.76 $ 314.41 6 1 $ 166.46 $ 182.47 3 5 $ 345.35 $ 380.65 6 2 $ 279.63 $ 309.58 3 6 $ 403.83 $ 445.74 6 3 $ 393.19 $ 436.68 6 4 $ 506.82 $ 564.04 Temporary Bins $ 87.11 $ 91.00 6 5 $ 62D.19 $ 691.13 Temporary Bins -Extra Pick-Up $ 87.11 $ 91.00 6 6 $ 733.50 $ 818.18 Commercial Compactor Trash Service Size Freq Roil-Offs 3 1 $ 179.45 $ 197.21 10 yard $ 445.67 $ 505.14 3 2 $ 276.37 $ 3D8.33 _ 20 yard __$ _ 445 67 $ 505.14 3 3 $ 374.11 $ _420.33 _ . ,_,, _ _ . 40 yard _ $ 445.67 $ 505.14 3 4 $ 471.29 $ 531.74 40 yard compactor $ 670.09 $ 749.47 3 5 $ 568.40 $ 643.09 Relocation Fee $ 52.05 $ 54.28 3 6 $ 666.40 $ 755.35 4 1 $ 209.70 $ 232.08 4 2 $ 331.72 $ 372.72 4 3 $ 453.61 $ 513.25 4 4 $ 575.41 $ 653.66 4 5 $ 697.20 $ 794.08 4 6 $ 819.10 $ 934.60 6 1 $ - $ 297.40 g 2 $ - $ 499.03 6 3 $ - $ 700.53 6 4 $ - $ 901.93 6 5 $ - $ 1,103.34 6 6 $ - $ 1,304.84 lr ~~ // THE CITY OF RANCHO CUCAMONGA RANCHO C,UCAMONGA ~\~ 1. ~~ Dom., DInN~+,` Cauncifm~;,_ REx Gtn'lew~~ L, DENNIS MICHAEL "~ SAM SI'AGNOLO Ciity~~Managn~ JACK 1Jll\l, AICP NOTICE OF PUBLIC HEARING -REFUSE COLLECTION RATES ___- NOTICE IS HEREBY GIVEN that a public hearing concerning revisions to residential and commercial refuse hauling rates has been scheduled for the 6`s day of June, 2007, at 7:00 p.m. in the Council Chambers of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California. The current and proposed rates are set forth in Exhibit "A" attached hereto. and incorporated herein by reference. The proposed increases are based upon and necessitated by increases in the Consumer Price Index, increased vehicle fuel and insurance costs, and increased tipping or gate fees charged by the County of San Bernardino. At the public hearing, the City Council shall consider all protests against the proposed rates. If written protests against the proposed rates are presented by a majority of owners or tenants affected by the rates, the new rates shall not be imposed. Further information may be obtained by contacting the City of Rancho Cucamonga, California at 909-477-2740 extension 4062. _.._ _ Dated. / Qd 7 ~' h , b~~Zh~ Debra J. Adams, City Clerk, City of Rancho Cucamonga 11231-0001\858188v1.doc a Ozi ~2x, ?~~ U~n~ ~ a n ~ $: ,, - _.~. ~-~ g'~ f1 L9 ~; Q ~ U ? L',o v ~y. ~` r ~~ ~. ~1 i'; n ~ ~, re ;~ N ~ . M N ' y r ~~ c~ > ~ ¢Q ~dU ~ ~ o J t6 ~ ~ Q \ i d,-" iF -_ I , N ` ~ _ I ~ ~ Q ~ U ` U = ~ oR w~ -U~~o~ i c N ~ C ~ ~ R U ~ _9~~ ~ =QU;>U _~ oU o `' =~o~o~ ~ a ~ d ~ p ~6 v I ~ =G~~G' ~ I ~ i a m ~ ~ ~ r 4 r ~ `~ ~ m May 1, 2007 Yukon Disposal Service 9820 Cheny Avenue Fontana, CA 92335 .Customer Service: Recently the city sent out a proposed rate increase. In this notice it shows the current rate and asked increase. It also shows that a SENIOR rate (60 and over) Is offered. I called you asking about this SENIOR rate and you said it had always been in effect. You have recently sent me application for that discount. In 2002 I acquired 5645 Revere Avenue. At that time I called you to notify you I was the new owner of the property so my name would be on the billing.. At that time you told me that you no longer gave senior discounts and changed future billing to the ful! rate, 1 was 62 years old at that time. The person I talk to (your employee) was of zero service to me and you. This lack of service has cost me the discount I should have been receiving for 5645 Revere Avenue and 5628 Revere Avenue, over $1,000.00. I have record of all of my payment to Yukon since January 1996. Another deficiency is the lack of available price lists that would indicate what you offer. Putting a list of your.costs and services on the back of each billing would be simple and smart. The service history speaks for its self. Jack L. Barich ~ 5628 Revere-Avenue 08-K1 131715 l ) 5645 Revere Avenue (08-K1 203459) Home (909) 9806774 Cell (909) 2101182 cc Debra J. Adams, City Cterk, City of Rancho Cucamonga / - City Council Jedc L Barich 5828 12eveFe Avenue Alta Loma, CA 91737-2312 EXHIBIT A CITY OF RAPICHO CUCAMONGA PROPOSED RATE IRICREASE Current Proposed Current Proposed Service Type Rate Rate Service T e Rate Rate Residential Service (South of Banvanl Commercial Trash Service Standard $ 20.40 $ 20.99 Size Freq Senior $ 13.67 $ 14.06 1.5 1 $ 88.75 $ 94.75 Multi-Family -per unit $ 19.40 $ 19.99 1.5 2 $ 130.52 $ 14D.52 1.5 3 $ 171.43 $ 185.39 Residential Service (North of Banyan) 2 1 $ 99.28 $ 106.49 Standard $ 21.13 $ 21.74 2 2 $ 150.73 $ 163.13 Senior $ 14.16 $ 14.57 2 3 $ 202.46 $ 220.04 Multi-Family -per unit $ 20.13 $ 20.74 3 1 $ 119.56 $ 129.10 3 2 $ 184.07 $ 200.80 Residential Service -Extra Barrels 3 3 $ 249.13 $ 273.08 Extra Trash Barrel $ 6.00 $ 6.25 3 4 $ 313.83 $ 344.97 Extra Recycling Barrel $ 1.D0 $ 1.25 3 5 $ 378.48 $ 416.84 Green Waste Barrel $ - $ 3.25 3 6 $ 443.72 $ 489.26 4 1 $ 139.56 $ 151.44 Residential Single & Multi-Famlly Bin Service 4 2 $ 220.90 $ 242.16 Slze Freq 4 3 $ 302.02 $ 332.68 3 1 $ 107.75 $ 116.46 4 4 $ 383.09 $ 423.12 3 2 $ 167.07 $ 182.43 4 5 $ 464.15 $ 513.57 3 3 $ 226.41 $ 248.42 4 6 $ 545.44 $ 604.24 3 4 $ 285.76 $ 314.41 6 1 $ 166.46 $ 182.47 3 5 $ 345.35 $ 380.65 6 2 $ 279.83 $ 309.58 3 6 $ 403.83 $ 445.74 6 3 $ 393.19 $ 436.66 6 4 $ 506.82 $ 564.04 Temporary Bins $ 87.11 $ 91.00 6 5 $ 620.19 $ 691.13 Temporary Bins -Extra Pick-Up $ 87.11 $ 91.00 6 6 $ 733.50 $ 816.18 Commercial Compactor Trash Service Size Freq Roll-Offs 3 1 $ 179.45 $ 197.21 10 yard $ 445.67 $ 505.14 .3 2 $ 276.37 $ 306.33 20 yard __ _ __ _ $ 445.67 $ 505.14 3 3 $ 374.11 $ 420.33 40 yard $ 445.67 $ 505.14 3 4 $ 471.29 $ 531.74 40 yard compactor $ 670.09 $ 749.47 3 5 $ 566.40 $ 643.09 Relocation Fee $ 52.05 $ 54.28 3 6 $ 666.40 $ 755.35 4 1 $ 209.70 $ 232.08 4 2 $ 331.72 $ 372.72 4 3 $ 453.61 $ 513.25 4 4 $ 575.41 $ 653.66 4 5 $ 697.20 $ 794.06 4 6 $ 819.10 $ 934.60 6 1 $ - $ 297.40 6 2 $ $ 499.03 6 3 $ - $ 700.53 6 4 $ - $ 901.93 6 5 $ - $ 1,103.34 6 6 $ - $ 1,304.84 ._~. w, I • /. May 14, 2007 Debra J. Adams City Clerk City of Rancho Cucamonga 10500 Civic Denter Drive Rancho Cucamonga, CA 91730 Dear Ms. Adams: ~~~~6~(~.~1 MAC ~ 5 "lUQ1 ARK LSIY'v~ 'This is to notify you that we protest the increase in residential and comercial refuse hauling rates. The taxes we already pay to the city and state should be sufficient to cover any costs. Perhaps if the city cut back on extravagant spending on elaborate, unnecessary, decorative construction to our streets, city buildings, etc., not to mention excessive city employee salaries and benefits, (i.e. free gyms, and such) there might be sufficient savings to cover any increases in cost regarding the refuse hauling rates. Thank you ;. , :~ 1 ~• "'"F'ROFT' :9099890896 I To: Debra ~. ,AclBvns , Ci t~ Geck I F~ #' ~94q~477-2$49 # ~f Pages (including this sheeti~ 15 2007 04:37AM x ~.~ .From: Cristi L. Ritchey f ' s` `` Phone: (9091945-3698 u 44 ~' _ r ~` ~~. FAX: (9Q9) 9$9-0896 ti ~ 9005 TamDblewood Dr. . Alta,l:oma, CA 9t7ot-4361 ~: ~. Date: ~ i~, wi77 ~~G~~trE~? lV1AY 15 2tl~t CllY CLERK 2 Doc #: s blame: T ~- rHx fYU. :9099890896 May. 15 2007 04: 38RM P2 may -4, aoo7 Ms. Debra J. Adayns . ~iftt C(eric. Rao. Cuc2mon 2~a l050o Gtic Ceant'er Drive Rancho Cucarnor+~a, ~A 9! 729 Dear Ms. Adams In retard fo the proposed increase to reuse colle.Gfian rake-s, T am adavnan~'IY a ains'~ i+. They raised ~{'t2cr r~ai'es six rnon'i~s a wsin~ the boa}e trees vccuse.. Are -hey a}f-emQi-in~ to follow lead aF ~.e. Post 0~'&ice? As fio ~asoline a+nd insurattc2 increases, we are all suF~erir,~f-rom ~ttnose. !-lowever, no one has oFf-ered to increase our ~h mes ~v Cover-}he ever ~risin~ cos}s. M~ recommencka~ion -I~ tin~.m is ~o ti~n}-e,~ '~Zir b~l~ like we have had fed©. M~ vole ~n ~ rate, iV~crease is~~f~0" 5inc~ernlc~ ~aurs May 1, 2007 7446 Onyx Ave. Rancho Cucamonga CA 91730 909-987-1646 Attn: City Clerk Office City of Rancho Cucamonga 10500 Civic Center Dr. P O Box 807 Rancho Cucamonga, CA 91729-0807 RE: Refuse Collection Rates r,.~iE°CEtt/~~7 CITY 0,~ R~t:~Cil „ ',' i,UC.ynv9~~G,~ ,~. ,. ~_.L.. ~ . We wish to protest against the proposed increase in refuse collection rates. We are seniors, on a limited budget, with regular increasing Medicare costs who are feeling the pinch from all the rate increases that are being added to our bills from every utility/service we need to use. When I called to get clarification of "Exhibit A" of the proposed rate increase I found out that we have been eligible as seniors for over 7 years for a decreased cost of service!! I have researched my bills from Rancho Disposal for the past 5 years and Nowhere is there any notification on the bills that there is a senior rate -- we have been paying the standard rate all this time!!! When I spoke to City Hall a lady told me that she lived in Fontana and that their bills had the Senior rate availability printed on the bottom. I called Rancho Disposal to inquire about the Senior rate -- they are sending us a request form but when I asked about retroactive reimbursement I was told that the Senior rate would only be given from the time it was approved!! Now that is a lot of money in their pockets that we certainly could have used. S,inrcerely, ~~c~J :S~ Doris J. Brost Jerome O. Brost i ~. ~P j :.( .~•:t h.(~ ,~ sj r y ~~ A P i {~{ 1 U !~} ;~, ~,. ~~, ; M .}. '.,* ~a `~~ bt ~Q .~~~ c ~~~ q ~ ~ -~ ~, j ,~ ~. V `-' O ~ ~~-' !~i ~~ ~ iT! ~~ ~ ~~.} ,. ~ ~ ~. J, ~~ 5/01/2007 Navid and Lailae Furutan of 6179 Golden Trails Ave, Rancho Cucamonga Ca 91739 object to any rate hikes for refuse collection since there has been a steady increase in rates over the last few years. We can be reached at (909) 899-6135. Thanks you To whom it may concern Navid and Lailae Furutan >~~r r ~ ~~az -~~~ C/jyC~R~RICyC , c'`1v4°. ~k ~~nNG 4d, ~E~~~~~~ ~~:. ~~1(1~~V49 sEe .. .f';~~ , ~ ~~~ ~# ~~, ::.~.~.3. __1 ~ 3 ~ ~= z ~, _. 4 ~- ~ ,-, .`> ~ ~~ ~ _ ~. a ~~ f'~ `- __ \, ~ ~ ~ =~ ~ = _ ~, ~ ~,< v ;; ,~ ,- - v ~ ~_ ~~ J -~ V ~ ~ ,... ~~ d7 i=~ .~ in i ~~ .~a m - ~ ~ " r'r ~~ ~ r _~~ ~ ~ • ~ - E /' J ~- c Apri126, 2007 City of Rancho Cucamonga, P.O. sox 807 Rancho Cucamonga, CA 91730 RECEFt~~~ ~~ ~ U 2Q0~' ~~~k=- CITY pF Fi~NGF~I~ CUUAMt7~t~p fj~{' present at the hearing due to travel plans. I am currently paying more because I live north of banyan; which is not fair because all rates should be the same for all in the city. Charging more for homes north of banyan should not be allowed. I am writing to express my objection to the refuse collection rate increase. I cannot be l~'0 Attention: City Clerk Jane Foster Incoom 5640 High Meadow Place Rancho Cucamonga, Ca 91739 ' ~ '~~ E _ . ~ "C ~ C~' j U q~ ,?, ., ~~ ~~ u' "" iJJ ~ ~ Y) ~ ~a i^~ CY: } ~, tl: ~~. li ~ v J^ I('~ J ~1 J J ^ ) ( ^ \'' ^~ J`r / V ? l r1 ,/ V -; v _5 J l ~~T' .~ ~..! .~ U~ ~ J~'' `~ ~ =~ .. [ S r '~~ ~ rrU y 1 C J T ~ ~\ u~J ~ ~ `~ \J J, v ~' ,~ ~_ cr a S ~ i ~' C~ / . ~ V G ~ ~ i ~ ' ~ J c . c ~~ ~ ss =_ _ ~ ~ ' v ~ ~ + U - - U ,... ~i7 ~i .~. 1,71 ~.} f`" .~i 177 .. '~ ~ ~~'°"` ~' ~~ ~(1 G~ `~J oa/za/o7 1 Salvador and Elizabeth Lopez 7649 Etiwanda Ave. Etiwanda, CA. 91739 Re: Exhibit "A" Refuse Collection Rates Dear Board Member of Rancho Cucamonga, I m against the proposed rates hike. The Rancho Disposal Service Company has recently raised the rates already. I think the company can use the recycling products the company receives from the disposal sites and the money the stores charge us called (CRV) that is going in to many grants and companies. The cost for disposal is high enough. The disposal company can recover the costs from the (CRV) and recycling the products the company already collects at the plaint in Etiwanda. No on Exhibit "A" :Thank for-your time Salvador and Elizabeth Lopez GYI~JV ~,u~Qi ~Jc,~-- c y~ \i v c i ~ S ~ 0. ~f 1 ~ ~ ~ ~, C~ L Cl `\ 1 cv~ ~ - N-~ 5 . c±,~ tJ . . i ~- " ~!~~-t i . i ~ /i A Mavor Don.uu J. huarH, M.D. - ~ Mayor Yro Tem DIANE WII LIMAS ' CouncilnmmGert RFx GUTIEKRE7_ L. DeNn[s MICHAEL .' ~ \ ~ r ~ SAM SPAGNOLO . ~ r `-~ ~ ~ CiN Manager THE CITY OF RANCHO CUCAMONGA Jncr: L.~m, AICP 6..-~.r . RANCHO CUCAMONGA NOTICE OF PUBLIC HEARING -REFUSE COLLECTION RATES NOTICE IS HEREBY GIVEN that a public hearing concerning revisions to residential and commercial refuse hauling rates has been scheduled for the 6a' day of June, 2007, at 7:00 p.m. in the Council Chambers of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, Califomia. The current and proposed rates are set forth in Exhibit "A" attached hereto and incorporated herein by reference. The proposed increases are based upon and necessitated by increases in the Consumer Price Index, increased vehicle fuel and insurance costs, and increased tipping or gate fees charged by the County of San Bernardino. At the public hearing, the City Council shall consider all protests against the proposed rates. If written protests against the proposed rates are presented by a majority of owners or tenants affected by the rates, the new rates shall not be imposed. Further information may be obtained by contacting the City of Rancho Cucamonga, California at 90/9-477-2740 extension 4062. Dated: ~~~b,l(. Il ~Q~ 7 ,.Q,~ h - .~ ~ f ~ Debra J. Adams, City Clerk, City of ncho Cucamonga 11231-0001\558188v1.doc 10500 Civic Cenmr De • P.O. Box 807 • Rancho Cucamonga, CA 91729-0807 • Tel 909-477-2700 • Fax 909-477-2849 • www.ci. rancho~cucamonga.ca.us hl FROM : ~ FRX N0. :9099492607 Rpr. 25 2007 04:31 PM Pl M~+r DoNAw J• Kvx[tt, M.D. .. ~ ~ ..... Mgnr ProTcm D~+rre WiLUAnts Rxx GunFRQF7 )s DaNNLS MICxAEL SAM $PAGNOLO Ciry Mmwgcr RnNCxo GUCAMONGA r.: , -, ..... . NOTICE QF PUBLIC BEARING -REFUSE COLLECTION RATES -___-_' ;._ _.:_ _rIpTI_C$,TSJ3~?R$BY GIVEN.that a_public heazing_concerning.revisions to residential ._,~_ _ and commercial refuse hauling zates has been scheduled for the 6`s day of June, 2007,.at 7:00 p.m..in the Council Chambers of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California. The cuzrent and proposed rates arc set forth in Exhibit "A" attached hereto and incorporated herein by reference. The proposed increases ,ate based upon and necessitated by increases in the Consumer Price Index, increased vehicle fuel and insurance costs, and increased tipping or gate fees charged by the County o£ San Bernardino. . At the public heaning, the City Council shall consider all protests. against the proposed rates. If written protests .against the proposed rates are presented by a majority o£ owners or. tenants affected by the rates, the new rates shall not be imposed. Further. information may. be obtained by contacting the City of Rancho Cucamonga, California at 909-477-2740 extension 4062. Dated L~~~~OD 7 -- ~ .e ~ ~ ._-._...~ Debra J. r~dams, City Clerk, City of cho Cucamonga ~/,~/~ d U~(~... E, e,,,l tI J-U~f ~s..a t yy~~'~' ~ aft G~~C;ti V ~ SCJ'l~•h •~~~ Gr ~~ ~~ 11231-OOO1~858188v Ldoc 10500 Civic Cmar Dc • PO. Box 807 • Rancho Cuamonga, CA 91729-0807.7e1 909-077.2700 • Fax 909-477-2849 • vrw{p.Cl.ian4ho-cudmonpa.ca.LLs John Marot 7270 Comiso Way Alta Loma, CA 91701 Apri127, 2007 City of Rancho Cucamonga Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: NOTICE OF PUBLIC HEARING-REFUSE RATES COLLECTION (June 6, 2007) Dear Sir or Madam: Recently I received a flyer notifying me of a hearing on June 6, 2007 to discuss the residential refuse hauling rates. I am a senior citizen and house bound. However, I do wish to give my view on this matter to not increase the rates. Except for garden trash, I usually put out one bag per week and. the daily newspaper and other plastics. This increase would be a financial burden as I am on fixed income. Thank you for your cooperation. ~.~ John Marot ~` ~L,N,., City of Rancho Cucamonga ,. ~,. ~® Request to Examine and/or Copy Public Records NOTE: Requests for videotapes are handled through the-City Manager's Office I am requesting answers to the following questions and/or to examine/copy of any pertinent public records that would be related to my questions: 1. What company exclusively contracts with Rancho Cucamonga for trash collections? 2. What does this company charge the city of Rancho Cucamonga for this service per individual privately own home owner? 3. What amount does the city collect from a Rancho Cucamonga home owners for trash collection? 4. And if there is a difference between the two costs, why and where does the difference get utilized in our city? 5. Also, has our city every entertained contracts from private companies for providing fire and emergency rescue services? And if so, when? And if so, what was the result? And if so, I would like as complete documentation to such. I\ CLOSING, LET IT BE KNOWN THAT THIS REQUEST, IF NEED BF, R'II.L BE FOLLOWED UP N' ITH ADDITIONAL REQUESTS, THEREFORE [HEREBY DECLARE, TO THIITIZE ADDITIONAL REQUESTS, THAT MATERIALS SUPPllED TO ME BE BROAD N ITS SCOPE AND COMPLETE Ln ITS DETAII. Q ALSO REQUEST ALL COSTS INCURRED INPRODUCING SUCH DOCUMENTS, [F NOT BUDGETED BY THE RANCHO CUCAMONGA CORPORATION, WTLLBE PAID BY THE "REQUESTOR" -GARY W. LACY, SO IT DOES NOT BECOME AN ADDITIONAL BURDEN BORN BY Ml' FELLOK' SHAREHOLDERS OF THE CORPORATTO N HIVORN AS RANCHO CUCAMONGA.) , Pursuant to California Government Code Section 6256, the copies I have requested, or the records I would like to examine, will be provided within ten days. I understand I will be advised if more than ten days will be required to provide the information. I agree to pay for the copies as set forth in the City's current fee resolution. Dated: May 04, 2007 by a citizen stakeholder of the corporation known as Rancho Cucamonga -Gary W. Lacy - 7969 Jennet Street. Revised 3/2003 Good evening Mayor and Members of the City Council. I speak to you tonight as a resident of Rancho Cucamonga and one who has worked in the solid waste field for 15 years. In reviewing the proposed rate increase for Rancho, I was not bothered by the trash rate increase, but by how the new rates discourage recycling by not taking into account State mandates and trends in the waste industry. As you know, cities are required to meet AB939's 50% waste diversion mandate. While Rancho is currently at 53%, they need to remember that a good portion of the 53% is not actual recycling and diversion, but other non-environmental factors such as taxable sales. In addition, all cities in California need to beware of Padilla's ... proposed AB1020 which will require cities or counties to divert no less than 75% of solid waste from the landfill by January 1, 2012. In order to work towards this, Rancho must continue to implement programs and policies that encourage recycling and discourage waste and landfilling. Therefore, l propose you consider the following steps to produce a more --~ beneficial rate structure: • Rancho Cucamonga should have variable can sizes for residential service. Industry standard provides 96, 64 and 32 gallon barrels at variable rates. Some communities even provide 20 and 10 gallon barrels for those who produce very little trash. This has proven to create an incentive for people to reduce waste and increase recycling. While Burrtec presently offers two can sizes, they only offer one rate, which does not motivate residents to reduce their waste. In my household we routinely fill less than a quarter of our 96 gallon barrel, yet there is no reward for our environmental behavior. Instead, we subsidize the wasters. ~.~ Printed mi Rerycled Paper • The price for a second trash barrel is too cheap. The practice in many communities in California is to charge the same or nearly the same rate for a second or third trash barrel. Again, this provides an incentive for residents to recycle or compost more, which is in the best interest of the City and the environment. In a sense, with the proposed rate, the more you waste, the more you save -because it's a cheaper per gallon rate. • Charging $3.25 for an additional green waste can is, again, a disincentive to reduce waste. For example, if a household fills their .green waste barrel, but only fills half of their trash barrel, the other half is now "free" (in both senses of the word) for extra green waste. In this situation, very few households would pay an additional fee for a second green waste barrel, thus decreasing diversion in Rancho. • In addition, the mere $3.00 difference between a second trash and second green waste barrel will encourage residents to ONLY order a second trash barrel - by doing this, they can be lazy and throw everything (including green waste and recycling) in there. • The two-tiered rate penalizes those of us who live above Banyan. A simple check on Mapquest shows that there are residences above Banyan that are much closer to the MRF than residences below Banyan. So, why are people above Banyan paying more when Burrtec is driving less? Costs such as these should be averaged out to all residents. • It was curious that the Proposed Rate Increase sheet did not provide commercial recycling rates. Aren't there recycling programs for businesses in Rancho? Commercial recycling is a huge portion of ~^~ Primed oa Recycled Paper the waste stream and should be fully promoted in order to, once again, meet the State mandate. • Finally, Burrtec should provide recycling outreach education to Rancho Cucamonga residents inside their statement envelopes. In my neighborhood, I often see recycling barrels overflowing with the wrong materials, such as hoses, plastic bags, and plastic toys. A detailed list of what can and can not be recycled, along with colorful photos, would help iricrease AND clean up the materials being placed in the recycling barrels. In conclusion, all these suggestions will benefit Rancho'Cucamonga in maintaining its compliance with State mandated diversion goals. I urge the City Council to seriously consider my environmentally beneficial and responsible suggestions before accepting the Proposed Rate Increases. Thank you! Debby Figoni 9585 Hidden Farm Road Rancho Cucamonga, CA 91737 .y ~.~ Printed on Recycled Pnper P215 CONSIDERATION TO APPROVE AID' INCREASE IN RESIDENTIAL AI~iD COMMERCIAL P~1GL' 2 REFUSE HAULING RATES AND TO AUTOMATE THE CIT1 S GREEN WASTE COLLECTION PROGRAI~4 JUNE 6, ?007 The Public Works Subcommittee reviewed the proposed refuse rate adjustment and directed staff to arrange for the appropriate notifications to be distributed to the community for the increase in rates. On April 11, 2007, a Notice of Public Hearing on Refuse Collection Rates with the attached rate adjustments was sent out to all residential customers and commercial customers advertising the proposed increases and advising the community of ways in which they could go about disputing the increase if so desired. The notice resulted in approximately 14 written protests against the rate increase and multiple telephone inquiries for further information on the adjustments. Burrtec Waste Industries is also proposing to up-grade the current Residential Green Waste Program to a fully automated collection service. The City's existing residential green waste collection is done manually with residents using their own personal containers for green waste disposal. Under the existing system, residents are allowed to put out an unlimited number of bins each week for the collection and disposal of green waste and manure waste at no additional costs outside of the standard monthly rate. Under the new program, which is scheduled to be implemented in August of 2007, all residents will receive one 95-gallon automated green waste container and will be charged an additional rate of $3.25 each month for every extra automated green waste barrel that is ordered. Burrtec will also be replacing their current green waste collection vehicles with six automated collection vehicles. Residents will continue to be allowed to put their own additional green waste containers and bundles out if excess green waste is produced on a seasonal basis, but will be encouraged to order an additional automated barrel if excess green waste is generated on a consistent basis. The fee for an additional automated green waste container is based on an increase in disposal costs from $24.00/ton to $27.00lton. Manure waste will continue to be accepted as part of the green waste collection program, but will no longer. be accepted in anon-automated green waste barrel. Residents generating manure waste in excess of the 95-gallon barrel capacity of 250 pounds will be required to order an additional automated green waste barrel and will be subject to the associated fees. Due to the substantial capital investment in containers and trucks, Burrtec is requesting the City approve the up-coming collection agreement term renewal, effective July 1, 2009. This will extend their contract as the City's authorized franchised hauler until June 30, 2015, allowing a minimum of eight years to retrieve the additional costs of equipment. Upon approval by Council, the rate adjustments will go into effect on July 1, 2007 for all residential and commercial customers, and the automated green waste program will be implemented for all residential customers in August of 2007. Respectfully Submit~te,{d, / ~' ~~`i~i" ~ Wil iam J. O'Neil Ci y Engineer WJO:DV Attachments: Exhibit "A": City of Rancho Cucamonga Proposed Rate Increase Exhibit "B": Notice of Public Hearing Exhibit "C". Amendments to Refuse Collection Areement P216 EXHIBIT A CITY OF RANCHO CUCAMONGA PROPOSED RATE INCREASE Current Proposed Current Proposed Service Type Rate Rate Service T e Rate Rate Residential Service (South of Banyan) Commercial Trash Service Standard $ 20.40 $ 20.99 Size Freq Senior $ 13.67 $ 14.06 1.5 1 $ 88.75 $ 94.75 Multi-Family -per unit $ 19.40 $ 19.99 1.5 2 $ 730.52 $ 140.52 1.5 3 $ 171.43 $ 185.39 Residential Service (North of Banyan) 2 1 $ 99.28 $ 106.49 Standard $ 21.13 $ 21.74 2 2 $ 150.73 $ 163.13 Senior $ 14.16 $ 14.57 2 3 $ 202.46 $ 220.04 Multi-Family -per unit $ 20.13 $ 20.74 3 1 $ 119.56 $ 129.10 3 2 $ 184.07 $ 200.80 Residential Service -Extra Barrels 3 3 $ 249.13 $ 273.08 Extra Trash Barrel $ 6.00 $ 6.25 3 4 $ 313.83 $ 344.97 Extra Recycling Barrel $ 1.00 $ 1.25 3 5 $ 378.48 $ 416.84 Green Waste Barrel $ - $ 3.25 3 6 $ 443.72 $ 489.28 4 1 $ 139.56 $ 151.44 Residential Single &Multi-Family Bin Service 4 2 $ 220.90 $ 242.16 Size Freq. 4 3 $ 302.02 $ '332.68 3 1 $ 107.75 $ 116.46 4 4 $ 383.09 $ 423.12 3 2 $ 167.07 $ 182.43 4 5 $ 464.15 $ 513.57 3 3 $ 226.41 $ 248.42 4 6 $ 545.44 $ 604.24 3 4 $ 285.76 $ 314.41 6 1 $ 166.46 $ 182.47 3 5 $ 345.35 $ 380.65 6 2 $ 279.83 $ 309.58 3 6 $ 403.83 $ 445.74 6 3 $ 393.19 $ 436.68 6 4 $ 506.82 $ 564.04 Temporary Bins $ 87.11 $ 91.00 6 5 $ 620.19 $ 691.13 Temporary Bins -Extra Pick-Up $ 87.11 $ 91.00 6 6 $ 733.50 $ 818.16 Commercial Compactor Trash Service Size Freq Roll-Offs 3 1 $ 179.45 $ 197.21 10 yard $ 445.67 $ 505.14 3 2 $ 276.37 $ 308.33 20 yard $ 445.67 $ 505.14 3 3 $ 374.11 $ 420.33 40 yard $ 445.67 $ 505.14 3 4 $ 471.29 $ 531.74 40 yard compactor $ 670.09 $ 749.47 3 5 $ 568.40 $ 643.09 Relocation Fee $ 52.05 $ 54.28 3 6 $ 666.40 $ 755.35 4 1 $ 209.70 $ 232.06 4 2 $ 331.72 $ 372.72 4 3 $ 453.61 $ 513.25 4 4 $ 575.41 $ 653.66 4 5 $ 697.20 $ 794.08 4 6, $ 819.10 $ 934.60 6 1 $ - $ 297 40 6 2 $ - $ 499 03 6 3 $ - $ 700.53 6 4 $ - $ 901.93 6 5 $ - $ 1,103.34 6 6 $ - $ 1,304.84 P217 THE CITY OF RANCHO CUCAMONGA DONALD J. KURTH, M.D. Mayor Pro7em DIANE WILLIM4S Councilmemberr REX GUTIERREZ L. DBNNIS MICHAEL SAM SPAGNOLO Ciry Manager IACK L.4M, AICP - `.- RANCHO G'UCAMONGA NOTICE OF PUBLIC HEARING -REFUSE COLLECTION RATES NOTICE IS HEREBY GIVEN that a public hearing concerning'revisions to residential and commercial refuse hauling rates has been scheduled for the 6`h day of June, 2007, at 7:00 p.m. in the Council Chambers of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, Califomia. The current and proposed rates are set forth in Exhibit "A" attached hereto and incorporated herein by reference. The proposed increases are based upon and necessitated by increases in the Consumer Price Index, increased vehicle fuel and insurance costs, and increased tipping or gate fees charged by the County of San Bernardino. At the public hearing, the City Council shall consider all protests against the proposed races. If written protests against the proposed rates are presented by a majority of owners or tenants affected by the rates, the new rates shall not be imposed. Further information may be obtained by contacting the City of Rancho Cucamonga, Califomia at 909-477-2740 extension 4062. / ~/ ,' ! Dated: ~ IG~ Jn /i ll, a(dGl ~ ,~1 ~„t? • ~t ,~ j ~(,~ 7_ Debra J. Adams, City Clerk, City of Rancho Cucamonga 11231-0001\858188v1.doc 10500 Civic Center Dr. • PO. Box 807 • Rancho Cucamonga, CA 91729-0807 • Tcl 909-477-2700 • Fax 909-477-2849 • www.ci.rancho-cucamonga.ca.us P218 .AMENDMENT TO AGREEMENT AND EXCLUSNE PERMIT WITH BURRTEC WASTE INDUSTRIES, INC. FOR THE COLLECTION AND DISPOSAL OF REFUSE AND RECYCLABLES WITHIN RESIDENTLAL SERVICE AREAS ONE, THREE AND FOUR IN THE CITY OF RANCHO CUCAMONGA This Amendment to that certain Agreement between the City of Rancho Cucamonga; a Municipal Corporation (``City"), and Burnet Waste Industries, Inc., formerly known as Rancho Disposal Service, Inc. (the "Permittee"), dated July 1, 1985 and identified as Contract no. 85-082, for the collection and disposal of refuse within residential service azea four in the City of Rancho Cucamonga, as supplemented by the Assignment and Transfer of Permit by Yukon Disposal Service to Permittee, approved by the City Council on August 18, 1999, for the collection and disposal of refuse within residential service areas one and three in the City of Rancho Cucamonga, is made and entered into this _ day of June, 2007. RECITALS A. City entered into a written agreement with Permittee, dated July 1, 198, for the collection and disposal of refuse within residential service area four; and City approved the Assignment. and Transfer of Permit by Yukon Disposal Service to Permittee, approved by the City Council on August 18, 1999, for the collection and disposal of refuse within residential service areas one and three (collectively, the "Agreement"). B. City desires to amend the Agreement to provide for automated collection of green waste as an effective means of reducing waste streams in compliance with AB 939, The California Integrated Waste Management Act of 1989. C. City desires to amend the Agreement to extend the term of the Agreement to June 30, 2015, provided that the said term shall automatically be extended for successive six year periods unless either party hereto serves a Notice of Nonrenewal P219 IN WITNESS WHEREOF, the P_AItTIES hereto have executed this Agreement as of the date first above stated. CITT OF RANCHO CUCAMONGA, a California municipal corporation Mayor ATTESTED BY City Clerk APPROVED AS TO FORM James L. Markman City Attorney BURRTEC WASTE INDUSTRIES, INC. President :~~~-~. - ~~.~' T H E C I T Y O F .r - x:..v,.. - - -v v. - - RANCIIO CUCAMONGA Staff Report DATE: June 6, 2007 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJF.CI': APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1, MASI PLAZA, AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD AND REASSESSMENT DISTRICT NO. 1999-1 WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution authorizing an annual levy for the costs incurred in [he collection of assessments within Assessment District No. 93-1, Masi Plaza, at the southwest comer of Rochester Avenue and Foothill Boulevard and Reassessment District No. 1999-1. There is no increase to the current rate for fiscal year 2007/2008. BACKGROUND/ANALYSIS Section 8682 of the Government Code authorizes cities to collect an annual assessment fee of a maximum of five percent (5%) of the amount of installments and not to exceed sixteen dollars per parcel assessment for costs incurred in the administration and assessment collection. The requested fee will allow the City to recover funds for collection and management of assessment districts that are applicable to the Improvement Bond Act of 1915. P220 P221 CITY COUNCIL STAFF REPORT ANNUAL LEVY June 6, 2007 Page 2 Rancho Cucamonga's comprehensive management program including record keeping, cost management, payoff calculations, monthly financial reports, debt service schedules, as well as providing information to the public is funded from this fee. This fee is in place now to pay for administration and will allow the City to maintain the current rate and level of service. Respectfully submitted, Jo R. Gillison Deputy City Manager/Administrative Services Attachment: Resolution Map 2- P222 RESOLUTION NO. ~ 7- ~3O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, has heretofore undertaken proceedings pursuant to the "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, and has confirmed assessments upon land within various special assessment districts (hereinafter collectively referred to as the "Assessment Districts"); and WHEREAS, said proceedings provided for and the City did subsequently issue bonds pursuant to the "hnprovement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of Califomia, said bonds representing unpaid assessments within the Assessment Districts; and WHEREAS, the City does incur necessary administrative expenses in the collection of the annual installments of the assessment within the Assessment Districts; and WHEREAS, Government Code Section 8682 does authorize the City to establish an assessment surcharge to allow the City to recover its expenses of collection of said assessments; and WHEREAS, the City desires to establish such an assessment surcharge as authorized by said Government Code Section 8682. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: Treasurer is hereby directed to add to the annual installment of assessments within'the Assessment Districts a maximum of five percent (5%) of the amount of the installments and of the interest thereon, not to exceed the Treasurer's estimate of the expenses of collection. Said expenses of collection shall include the necessary administrative expenses of the City incurred in providing the County Auditor with current information regarding the ownership or division of the affected ]ots or parcels of land within the Assessment Districts to ensure the proper entry by the County Auditor in his or her assessment roll and the timely collection of the Assessment installmehts. P223 SECTION 3: The above assessment surcharge, when collected, shall belong to the City and shall cover the expenses and compensation of the Treasurer incurred in the collection of the assessments, and of the interest and penalties added on to the assessments. PASSED, APPROVED, and ADOPTED this day of June 2007. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. P224 M ~~ V .~ y...wwr vJ O ~Ir h y y Q I ^d I ny uaneH ny esowJaH nV PIe9!4oJV I nt/ 11S ueg ny epueMp3 PM9 AaaJ~ n ny L m d x C (6 m K d J m c J N m m = K J ~ Q) r C U Q d J ®~ M O O ny lse3 N L V "~-1 ny epueM113 ny Jalsa4aoa I ny ua>Ipl!W I ny uaneH ny esowJaH nV PIe9!4~JV ~'- <n ny uewllaH ~ ~.~~ r r t any pJe~(awn ~ g s sFa ~ ~B nsgi~ $x~~~ ~ E8x 45 ~~ AFa9ll@ f~~ggag @$uz~J j ~ eaag~sg98€a~~ s xg~gp~- ~ ny aAOJ~ §22 ~~$yya~~'' €~a m ~ c gug FBEf~~~ p. 0 &g ~'p ~Fa~S ~~~ LL ~6Epg"~e5c~ a~i`~ g €so @~' ~_Fga 08 '2 ~aaa~ L~€ga?_~fl EE~~ gsi` ~g}' f~a„:g~s ~S3~eEEg ~. `. I'~E$ P225 i O~ O~ O~ rr V w ~_ ~Ir AC W wy W h h I nb ny uaneH ny esow~aH nN PIe9!4o~b ny uewllaH I lg ue!I ny epuemg3 Pn18 >laa~~ n ny L m p T m a d ~ J [D N ~ m L O O N N ~ J 0~0 0~p C U Q Q d J ~ ~ ® ~ O N O O ny ~se3 N L V 'T'_^_, ny epuem!13 ny~alsayooii I ny ua~!II!W I m J N m ny uaneH ny esowiaH nV PIeQ!4o~b vlny uewllaH i•~~~ L r L any p~e6au!n # ~a ~~$:° c agg £a~2 ~ iY e„n 8m 4~9a @E S"E 3FgY H ~ ~~q~}~ ~ i ~sam~saa'~~;~ asap°y~-yg~Fy~ ~ C~~~e`eumII$ b~ :~ ~ innyana~ ~~~~gg~~~~EF~9~$x ,J O yN $fiEES3~ FpeL~~a s.4 O ¢ ygg~®n~~F~g~~~~ LL ig_n$v FSYBF_ p ag€4 sg~E ~aa~ ~gg E ,`~ P226 s:. r3 ii//~~~ l~ S:'4 T H E C I T Y O F R A N C tt 0 C U C A M O N G A Staff Report DATE: June 6, 2007 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECT: APPROVAL TO MAINTAIN LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for Community Facilities District No. 88-2 (Drainage and Law Enforcement). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current rate for fiscal year 2007/2008. BACKGROUND/ANALYSIS On June 21, 1989, the City Council approved the formation of Community Facilities District No. 88-2 for Drainage Capital Facilities and Law Enforcement services and authorized the annual levy of special taxes to pay debt service on the bonds and cover the costs of police operations and maintenance. The special tax levied annually for drainage facilities is listed as Special Tax A -Drainage Facilities. On April 7, 1994, City Council approved Resolution No. 94-058, authorizing the issuance of bonds. On June 3, 1999, City Council adopted Resolution No. 99-127 authorizing' the refunding of special tax bonds for this district. The refunding bonds were issued in July 1999 in the amount of 52,705,000. The special tax was set at 91% of the maximum rate when the district was formed for the developed property. However, the authorized bond refunding adjusted the rate to 78% of the maximum special tax for the developed and undeveloped property. The collections from the annual levy will be used to pay debt service through the life of the bonds. P227 CITY COUNCIL STAFF REPORT CFD NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) June 6, 2007 Page 2 The levy of special taxes annually for the Law Enforcement services is listed in Special Tax B - Law Enforcement. When the City receives the collections, the funds for Special Tax B -Law Enforcement are transferred to the General Fund to offset the Law Enforcement costs. Special Tax A -Drainage Facilities Residential Class I (3590+ S.F.) Residential Class II (3077-3589 S.F.) Residential Class III (2564-3076 S.F.) Residential Class N (2308-2563 S.F.) Residential Class V (2051-2307 S.F.) Residential Class VI (Less than 2051 S.F.) Undeveloped Property Special Tax B -Law Enforcement Residential Class I (3590 + S:F) Residential Class II (3077-3587 S.F.) Residential Class III (2564-3076 S.F.) Residential Class N (2308-2563 S.F.) Residential Class V (2051-2307 S.F.) Residential Class VI (Less than 2051 S.F.) Respectfully submitted, John R. Gillison Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map $735 $544 $408 $326 $272 $190 $ I ,190/acre $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 -2- ~y / P228 RESOLUTION NO. ~ /' 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the.levy of a special tax in a Community Facilities District, all as authorized 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 for the State of California. This Community Facilities District shall hereinafter be refereed to as COMMUNITY FACILITIES DISTRICT NO. 88-2 (Drainage and Law Enforcement) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of Califomia, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next Fiscal Year 2007-2008 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. P229 SECTION 4: That the proceeds of the special tax be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal of and interest on any outstanding authorized bonded indebtedness. B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services. D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordihary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in'the next county assessment roll on which taxes will become due, opposite each lot or pazcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P230 PASSED, APPROVED, and ADOPTED this day of June 2007. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk P231 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 88-2 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. SPECIAL TAX ".A" -DRAINAGE FACILITIES PROPERTY CATEGORIES There aze two categories of property subject to the levy of Special Tax "A", which aze identified as follows: DEVELOPED PROPERTY All property identified as a single Tax Assessor's pazcel for which property a building permit has been issued as of May 31 of any year. 2. UNDEVELOPED PROPERTY All other property, excluding property which, as of the date ofthe election to authorize the levy of Special Tax "A:, is: (i) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. TAXING CLASSIFICATIONS AND SPECIAL TAX'"A" RATES The taxing classifications for the above Property Categories and the authorized Special Tax "A" rates for Fiscal Year 2007/2008 aze as follows: P232 Taxing Classification Tax Rate 1. DEVELOPED PROPERTY A. Residential Class I $735 per year (More than 3,590 square feet of dwelling unit living azea) B. Residential II $544 per year (3,077-3,589 square feet of dwelling unit living area) C. Residential III $408 per yeaz (2,564-3,076 square feet of dwelling unit living azea) D. Residential Class N $326 per year (2,308-2,563 squaze feet of dwelling unit living area) E. Residential Class V $272 per year (2,051-2,307 squaze feet of dwel]ing unit living area) F. Residential Class VI $190 per year (Less than 2,051 square feet of dwelling unit living area) 2. UNDEVELOPED PROPERTY All Undeveloped Property $1,190 per acre per year ** P233 The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s) issued for the dwelling unit. ** The acreage of an Undeveloped Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. METHOD OF APPORTIONMENT OF SPECIAL TAX "A" Special Tax "A" shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax "A" revenues are necessary to pay authorized expenses of the Community Facilities District related to the financing of authorized public facilities, which may include, without limitation, payment ofdebt service on any bonded indebtedness ofthe Community Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public facilities or debt service; or direct payment for public facilities (CFD Expenses"). The annual levy of Special Tax "A" shall be apportioned as follows: STEP 1: The Community Facilities District shall estimate the amount of CFD Expenses which must be paid for from Special Tax "A" revenues collected during the Fiscal Year for which the Special Tax "A" levy is to be established (the "Required Special Tax "A" Revenue"). STEP 2: That equal percentage of the Special Tax "A" rate, not to exceed 78% ofthe maximum authorized Special Tax "A" rate, applicable to all Developed Property Taxing Classifications necessary to generate Special Tax "A" revenue in the Fiscal Year of the levy equal to the Required Special Tax "A" Revenue for such Fiscal Year shall be levied on all Developed Property. STEP 3: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that percentage of the maximum authorized Special Tax "A" rate applicable to all Undeveloped Property necessary to generate such additional Special Tax "A" revenue shall be levied on all Undeveloped Property. P234 STEP 4: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that equal percentage of the maximum authorized Special Tax "A" rate applicable to al] Developed Property Taxing Classifications necessary to generate such additional Special Tax "A" revenue shall be levied on all Developed Property. STEP 5: If additional Special Tax "A" revenues aze still necessary to generate the Required Special Tax "A" Revenue, the Community Facilities District shall: A. Compare (i) the Special Tax "A" rate which would be levied on each Developed Property combining STEP 2 and STEP 4 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax "A". The Base Maximum Special Tax "A" means an amount equal to 50.054 per square foot of the lot or parcel. B. If the product described in (ii) above exceeds the Special Tax "A" rate described in (i) above for any Developed Property, the Community Facilities District shall increase the Special Tax "A" rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax "A" revenues to equal the Required Special Tax "A" Revenues. P235 SPECIAL TAX "B" -LAW ENFORCEMENT All Developed Property shall be subject to the levy of Special Tax "B". The authorized Special Tax "B" rates for Fiscal Yeaz 2007/2008 are as follows: Taxing Classification Tax Rate 1. DEVELOPED PROPERTY A. Residential Class I $1.00 per year (More than 3,590 square feet of . dwelling unit living azea) B. Residential Class II $1.00 per yeaz (3,077-3,589 square feet of dwelling unit living area) C. Residential Class III $1.00 per yeaz (2,564-3,076 square feet of dwelling unit living area) D. Residential Class N $1.00 per year (2,308-2,563 square feet of dwelling unit living area) E. Residential Class V $1.00 per year (2,051-2,307 square feet of dwelling unit living area) F. Residential Class VI $1.00 per year (Less than 2,051 square feet of dwelling unit living area) P236 N N =' 1 a' ,~, 0 Opp N _N N V 3 ~ ~ w w~ ~ ~ ~ ~,r. ~ ' ~, C U U ~.r. -~ a d I ~ ~ G1 N J 0] J ; N ^, _ (Y' O W 1 ~ O O ~ *~ ~ d] ~ ~ j LL Q j _•_•_._., nV 1se3 ~ ~ ~ N i 1 0 ~ y .~ j ny puem173i ny epuemg3 = j - 1 1 1 ,. 1 PnIB>laa~~,(e ~- l_._._._._._._._._._._ O 1 U ny ~aasayooa• ny ~a~seyooa f'- I r•-•-•-•-•-•-•- nb ua>I!II!W ny ua~!Ip!Wj j 1 I 1 I ny uaneH ny uaneHi i i ny esow~al.{1 ny esow~aH 1 1 nd Pleq!4o~V nV Pleq!4o~V j 1 1 ~. y n uew a 1 ~~yr' Lny uewllaH d II H i ~. y j L ~ ~ ~~ ~ 1 ' y p~eRau!n 1 7S uepawe~l 1 ~$~a~~ ~$ ~ 3 B ~o gggggg 1 ...~' y o :2 1 ~ ~ ~ 1 saa i£d ~£a .J ,i m ~._._~._L. F Ry u£ngg a 1•-•-• ~ ~_ ny anal € ~. &q ~ ~ L._. •/ m d Q1 a g. p • ~ V_ $~g s@@$~p~ ~~p 82 N m sStlA ~ gg 4~ t e~&~ T H E C I T Y O F ,~. „ c y,. RANCtIOY CU~CAMONG~A Staff Report DATE: June 6, 2007 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECT: APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting an annual benefit assessment levy for the maintenance and/or servicing of a drainage channel within Drainage Area No. 91-2 (Day Canyon Drainage Basin). There is no increase to the current rate for fiscal yeaz 2007/2008. BACKGROUND/ANALYSIS On November 6, 1991, City Council adopted Resolution No. 91-331 for the annual levy of benefit assessments for the maintenance and/or servicing of a 27+ acre-foot desilting basin and a 1,460+ linear foot concrete drainage channel within Drainage Area No. 91-2, Day Canyon Drainage Basin area. Drainage Area No. 91-2 was adeveloper-initiated district. Protection of the properties from the overland flows was necessary in order to receive development rights from the City. The costs associated with the maintenance of this district are passed onto the property owners, as they receive special and direct benefit that is distinguishable from the other property owners that are outside the boundary. There are 351 single-family homes within this boundary that receive this benefit. The total annual cost for maintenance is thirty-two thousand, three hundred and fifty- one dollars and sixty-seven cents ($32,351.67) for a total cost to each home of ninety-two dollazs and seventeen cents ($92.17) P237 P238 CITY COUNCIL STAFF REPORT DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) June 6, 2007 Page 2 Respectfully submitted, J R. illison Deputy City Manager/Administrative Services Attachments: Resolution Annual Supplement to Final Engineer's Report Map -2- P239 RESOLUTION NO. CJ 7- ~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO.91-2 FOR FISCAL YEAR 2007-2008 AND DETERMII~IING AND IMPOSING SUCH BENEFIT ASSESSMENTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, previously undertook proceedings to authorize the levy and imposition of benefit assessments to pay for the annual drainage maintenance, including the removal of sediment and debris from the Day Canyon Channel improvements and basin, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California (commencing with Section 54703), said area of benefit being known and designated as DRAINAGE AREA NO. 91-2 (the "Drainage Area"); and WHEREAS, at this time there has been presented to this City Council a Supplemental Report (the "Supplemental Report") to the Final Engineer's Report Drainage Area No. 91-2 City ofRancho Cucamonga setting forth a description of the proposed service, cost estimate and assessment schedule for fiscal yeaz 2007-2008 (the "Final Engineer's Report"); and WHEREAS, at this time this City Council desires to determine the cost of providing authorized services to be financed by the levy of a benefit assessment for fiscal yeaz 2007-2008 and to determine and impose such benefit assessment. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the Supplemental Report is hereby approved and ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection. Said Supplemental Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived through the levy and collection of the benefit assessment; B. A description of each lot or parcel of property proposed to be subject to the benefit assessment; C. The amount of the proposed assessment for each pazcel. P240 SECTION 3: That the rate and method of apportionment of the benefit assessment as set forth in the Final Engineer's Report is hereby adopted and has been utilized as the rate and method of apportionment of the benefit assessment to be levied in fiscal year 2007-2008. SECTION 4: .That this City Council hereby determines and orders that the benefit assessments described in the Supplemental Report within the Drainage Area aze hereby confirmed and levied for fiscal yeaz 2007-2008. SECTION 5: That the above confirmed and levied benefit assessment for fiscal year 2007- 2008 shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for the collection and enforcement of such County taxes shall be applicable to the collection and enforcement of these benefit assessments. PASSED, APPROVED, and ADOPTED day of June 2007. AYES: NOES: ABSENT: ABSTAINED: ATTEST: Debra J. Adams, CMC, City Clerk Donald J. Kurth, M.D., Mayor I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regulaz meeting of said City Council held on the day of June 2007. Executed this day of June 2007 at Rancho Cucamonga, Califomia. Debra J. Adams, CMC, City Clerk P241 ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA N0.91-2 CITY OF RANCHO CUCAMONGA Donald J. Kurth, M.D., Mayor Diane Williams, Mayor Pro Tem Rex Gutierrez, Councilmember L. Dennis Michael, Councilmember Sam Spagnolo, Councilmember Jack Lam, AICP, City Manager Debra Adams, City Clerk Joe O'Neil, City Engineer JUNE 2007 P242 ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS Engineer's Report Exhibit A -Description of Service Exhibit B -Cost Estimate Exhibit C -Assessment Schedule Map P243 AGENCY: CITY OF RANCHO CUCAMONGA PROJECT: DRAINAGE AREA NO. 91-2 TO: CITY COUNCIL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982 This Annual Supplement to the Final Engineer's Report (the "Annual Supplement") for City of Rancho Cucamonga Drainage Area No. 91-2 is hereby submitted consisting of the following documents, pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing'with Section 54703. This Annual Supplement is applicable for the ensuing 12-month period, being the FiscalL commencing July 1, 2007 to June 3Q 2008. 1. DESCRIPTION OF SERVICE (Exhibit "A"): A description of the service proposed to be financed through revenue derived from the levy and collection of the annual benefit assessment. 2. COST ESTIMATE (Exhibit "B"): A listing of all costs and expenses for the next fiscal yeaz, including incidental expenses. . 3. BENEFIT ASSESSMENT SCHEDULE (Exhibit "C"): The annual assessment schedule, setting forth the following: A. Annual Benefit Assessment: The amount ofthe proposed benefit assessment for each pazcel. B. Description of Parcel: A description of each lot or parcel of property proposed to be subject to the benefit assessment, said pazcel being described by the County Assessor's parcel number. P244 No benefit assessments shall be imposed or levied upon land owned by a Federal or State governmental agency and/or any other local agency. Any utility property and right-of--way shall be subject to assessment only to the extent that it is specifically benefited from the proposed services. Reference is made to the Final Engineer's Report as incorporated in Resolution No. 91-331 for a description of the boundaries of the Drainage Area and each parcel therein and for the method of spreading the benefit assessment. Executed this day of June 2007, at Rancho Cucamonga, California. CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA By: Final approval, confirmation, and levy of the annual benefit assessment and all matters in the Annual Supplement was made on the day of June 2007, by adoption of Resolution No. by the City Council. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA A copy of said Assessment Roll and Engineer's Report was filed in the Office of the City Engineer and the City Clerk on the day of June 2006. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA P245 EXHIBIT A DESCRIPTION OF SERVICE The properties within Drainage Area No. 91-2 are located within the boundaries of the Day Canyon Drainage Basin area. Protection of the properties within the district from overland flows requires the construction of a 27+ acre-foot desilting basin and a 1,460+ linear foot concrete drainage channel. The channel improvements will intercept the overland flows prior to reaching the properties and carry the storm water runoff, sediment, trash, organic material, and related debris to a desilting basin. Each year the sediment, trash, organic material, and other related debris that accumulates in the desilting basin and channel must be removed and transported to an approved spoils site. The services proposed to be financed from the revenue derived from the levy and collections of the annual benefit assessment are as follows: A. Monthly on-site inspections of the desilting basin and channel. B. Bi-monthly weed abatement program for the desilting basin and channel. C. Removal of accumulated sediment, trash, organic material, and other related debris from the desilting basin and channel to an approved spoils site. This service is expected to.be provided annually. During times of excessive rainfall, this service may be required more frequently. P246 A. B. C. D. EXHIBIT B COST ESTIMATE FISCAL YEAR 2007-2008 Cost of Annual Maintenance Desilting Basin $22,500 Channel $ 6,732 Subtotal $29,232 Incidental Expenses City Administration $ 3 120 Subtotal $ 3,120 Total Annual Costs $32,352 Contribution $0 E. Balance to Assessment $32,260 P247 EXHIBIT C ASSESSMENT SCHEDULE WHEREAS, this City Council has previously, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, formed Drainage Area No. 91-2 all in accordance with the provisions of said Act; and, WHEREAS, the Annual Supplement for Fiscal Year 2007-2008 consisting ofcertain documentation (including the amount of the proposed assessment for each parcel, a description of the parcel and a description of the service proposed to be provided) has now been prepared. NOW, THEREFORE, the City Engineer, by virtue of the power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following.benefit assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the fiscal yeaz 2007-2008. Said costs and expenses are generally as follows: Cost of Maintenance Cost of Improvements Incidental Expenses Total Costs Contribution/Surplus Balance to Assessment $29,232 $ 0 $ 3,120 $32,352 $ 0 $32,352 I do hereby assess and apportion the total amount of the costs and expenses upon the several pazcels of land within the area of benefit in proportion to the estimated benefits received, and hereby further state as follows: A. The amount ofbenefit assessment imposed is specifically related to the benefit ofthe parcel, which will be derived from the provision of the service to be provided. B. The annual aggregate amount of the total benefit assessment does not exceed the estimated annual cost of providing the service. C. The revenue derived from the benefit assessment shall not be used to pay for the cost of any service'other than the service for which the benefit assessment was levied. P248 The assessment parcels herein refer to the County Assessment Roll for a description of the lots or parcels, and said Roll shall govern.for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned by formula as set forth in the Final Engineer's Report in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the maintenance works of improvement. In the opinion of the undersigned, the benefit assessments have been spread and apportioned in accordance with the benefits to be received from the proposed work and services. Dated: CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ASSESSMENT PROPERTY NUMBER DESCRIPTION 0225-451-01 to 35 351 0225-451-39 to 46, 49,50,53 Residential 0225-451-55 to 62, 64 Parcels 0225-462-O1 to 07 0225-462-12 to 17 0225-463-03, 06 to 33 0225-464-O1 to 04, 06, 07 0225-464-19 to 30 0225-471-01 to 58 0225-481-01 to 42 0225-491-Olto 19 0225-561-01 to 34 0225-571-01 to 35 0225-581-01 to 38 0225-681-01 to 03 0225-681-OS to 11 Total AMOUNT OF ASSESSMENT $32,352.00 $32,352.00 P249 N y~ V w ~J w~ W h Q 4r d W ny ny uaneH ny esow~aH nV PIeQ!4o~V ny uewllaH 11S uel a d ~ J [D N ~ N L `j W m ti O LL C Q N i= ~ J Q C U m d J ~ i N ®V7 0 u~ N O _._._._}ndJSe3 L ^b P,~e~!~3$ ny epuem!73 PN8 >faa~~ ne . . 1 ny ~a3sayooa~ ny ~alsayooa ny ua~!II!W ny uaneH ny esowiaH n e o~ V V Pl y!4 w,• in ny uewllaH • L ~ ~ f' r y p~eRaul~ ~ ~°&E~aE 'gE~~~ ~@ BK kB~a'~€~ ®g s~ , s D• `~1 • 65~ C 8 €58E S~ ~ ' ~ d ~.~ 'ter . N ~~ ~~ L~ yy y{ pB yyy n anw .Sg6 d ~ E~F ~~fl ~ J 2~~ ~ ~ ~ ~ b 9! ififig m ~~ F '•r • m L ~ p ¢~ B g p ~ga~ ~~ ~~~ ~ fn p Sp5 p O Q _ pL ~~ - ~ ~ J. 9 ~ LL 333 1 ~EpD ~.gFyp(~9e~ ~ ~ 'ppp EE ;YSS B .y m S y € ~ $$p ~~.~ ~~~ yp B ~ @ ~S~~~AY ~~a~ 3 ~ P250 ~w__ rte: . ~. T H E C I T Y A N C M O C U C A M O N G A Staff Report DATE: June 6, 2007 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJE('T: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting an annual special tax levy of $14,369 an acre per parcel to discharge bond obligations in Community Facilities District No. 93-3 (Foothill Marketplace). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase from the current tax rate for fiscal year 2007/2008. BACKGROUND/ANALYSIS On December 1, 1993, an election was held and the property owners within the boundary of Community Facilities District No. 93-3 (Foothill Marketplace) authorized the district to incur bonded indebtedness in the principal amount of $4,825,000. On December 15, 1993, the City Council adopted Ordinance No. 518 authorizing the levy of a special tax in the district. Bonds were issued on March 15, 1994, for the purpose of financing the acquisition of certain public improvements that are required for and will permit the development of the properties within the district. On June 3, 1999, City Council adopted resolution No. 99-127 authorizing the refunding of special tax bonds for this district. The refunding bonds were issued in July, 1999 in the amount of $4,525,000. P251 CITY COUNCIL STAFF REPORT CFD N0.93-3 (FOOTHILL MARKETPLACE) June 6, 2007 Page 2 While the property owners within the district approved the maximum rate for the special tax at $20,000 per acre, the tax rate that is needed to meet obligations for fiscal year 2007-2008 is adjusted downward to $14,369 per acre. This special tax shall be levied as long as necessary for each parcel of taxable property to pay for the facilities and to discharge bond obligations through the life of the bonds. Respectfully submitted, Jo . Gilli on Deputy City Manager/Administrative Services Attachments: Resolution Annual Status Report Map -2- P252 CITY OF RANCHO CUCAMONGA MELLO=RODS COMMUNITY FACILITIES DISTRICT N0.93-3 FOOTHILL MARKETPLACE ANNUAL STATUS REPORT JUNE 2007 P253 BACKGROUND On December 15, 1993, the electors within the boundary of Community Facilities District No. 93-3 (Foothill Marketplace) authorized the District to incur bonded indebtedness in the principal amount of $4,825,000 for the purpose of financing the acquisition of the street, storm drain, sewer and water improvements. The district is bounded on the north by Foothill Blvd., on the east by Etiwanda Ave. and on the west by Interstate 15. The maximum rate has been set at $20,000 per acre. This amount can be levied at a lower rate but cannot exceed the maximum tax rate as set. On July 1, 1999 this district was refunded as part of Rancho Cucamonga Reassessment District No. 1999-1 under the Rancho Cucamonga Public Finance Authority (the "Authority"). The Authority issued bonds to acquire the Acquired Obligations, fund separate reserve funds and pay the costs of issuing the Bonds. The acquired obligations for Community Facilities District 93-3 are the aggregate principal amount of $4,525,000. FISCAL YEAR 2007-2008 The annual tax rate of $14,369 for fiscal year 2007-2008 will provide sufficient funding to pay debt service in the amount of $409,670. P254 COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE $504,550 (Includes $100,000 Bond Call on 09/02/07) CITY AND TRUSTEE ADMINISTRATION, GENERAL OVERHEAD & LIABILITY $ 35,570 CONTRACT SERVICES $ 1,000 DELINQUENT ASSESSMENTS $ 0 $541,120 SOURCES: DELINQUENT ASSESSMENTS $ 0 INTEREST REVENUE $ 8,500 TRANSFER IN FROM FUND BALANCE $108,730 SPECIAL TAX 423 890 $541,120 $14,369 PER ACRE P255 RESOLUTION NO. D 7 X33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA; CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT N0.93-3 (FOOTHILL MARKETPLACE) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized 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 for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal yeaz. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION L• That the above recitals aze all true and correct SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year 2007-2008 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: P256 Resolution No. Page 2 A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special.tax shall be collected in the same manner as ordinary ad valorem property.taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby' authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and.from what property collected; and also provide a statement of any percentages retained for the expense of making any such collection. P257 Resolution No. Page 3 PASSED, APPROVED, and ADOPTED this day of June 2007. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, P258 M M O~ •Fi V 'i H ~Iww ^v/ W ••I~r .~ w ._ a c J 47 m - K a] O t \ LL Q N ® u) 0 N O O L U ny ny uaneH ny esow~aH nV Pley!yo~d ny uewllaH iS uel N M i ~ t`') J ~ -o ~ ° C U U J ~i ~ ` i i _._._._y ny ise3 1 in 1 ny epue,Hll3 ~: ny epueMg3 PM8 ~aw~ ne 1 ny ~alsayooa~ ny ~alsayooa ny ua~lll!W ny uaneH ny esow~aH nV Pley!4o~V ~'~ ~• ~ in ny uewpaH i• N s ~ fl. ~ v ' ~ny P~e/aw~ 1 oA^g.F~ x s~e~ f ~~. fem. 6~ ~ ~gs 66~~~~;E ~gpg@ ~e~5 i d f~.~.~ !•~L. ~ SFuq@~n~~nd€ °~ ~~•~ J ~ ~ NnyanwJ ~4~`~~ ~ ~_ 3~F5E V E 999 ~~~r m o ~ =~ng~~.~ 5~gg m m w gE3~e~p~~s~e~E D qq SQSQdd ~+ p FFyS~~~~- Ee gg ~SoF~EEE ~.~EFE: T H E G I r Y A N C ri 0 C U C A M O N G A Staff Report DATE: June 6, 2007 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJF.CP: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for Community Facilities District No. 2000-01 (South Etiwanda). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act bf 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current rate for fiscal year 2007/2008. BACKGROUND/ANALYSIS On November 7, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-01 (South Etiwanda) authorized the district to incur bonded indebtedness in the principal amount of $1,365,000. On November 15, 2000, the City Council adopted Ordinance No. 645 authorizing the levy of a special tax in the district. Bonds were issued on December 21, 2000, for the purpose of financing the acquisition of certain public facilities that included street, sewer, water, storm drain, landscaping and park improvements that are required for and will permit the development of the properties within the district. P259 The levy of special taxes annually is based on the square footage of the home for residential properties and is based on acreage for non-residential properties. P260 CITY COUNCIL STAFF REPORT CFD NO.2000-01(SOUTH ETIWANDA) June 6, 2007 Page 2 Special Tax Land Use Class 1 4 Residential Floor Area 2,301 Sq. Ft. or greater 1,801 - 2,300 Sq. Ft. 1,800 Sq. Ft. or less Non-Residential Property Respectfully submitted, John R. i ison Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map Assigned Facilities Special Tax $500 per unit 475 per unit 425 per unit $3,700 per Acre -2- P261 RESOLUTION NO. ~ 7~ ~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-O1 (SOUTH ETIWANDA) WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized 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 for the State of California. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (South Etiwanda) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Govemment Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION I : That the above recitals aze all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next Fiscal Year 2007/2008 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. Resolution No. Page SECTION 4: That the proceeds of the special tax be used to pay, in whole or in par[, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness. B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and eitpenses of authorized public facilities and public services. D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected; and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period; promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P262 P263 Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2007. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth; M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk P264 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. ' SPECIAL TAX PROPERTY CATEGORIES There are two categories of property subject to the levy of Special Tax, which are identified as follows: 1. DEVELOPED PROPERTY All parcelsofDevelopedPropertyforwhichabuildingpermit has been issued for purposes of constructing one or more residential dwelling units. 2. UNDEVELOPED PROPERTY All parcels of Taxable Property not classified as Developed Property, Public Property and/or Property owner's Association Property that are not Exempt Property pursuant of section E. TAXING CLASSIFICATIONS AND SPECIAL TAX RATES The taxing classifications for the above Property Categories and the authorized Special Tax rates for Fiscal Year 2007/2008are as follows: P265 Resolution No. Page Assigned Sp ecial Taxes for Developed Property Community Facilities District No. 2000-O1 Land Use Category Taxable Residential Floor Area Assig ned Special Tax Unit Per Taxable Unit 1. Residential Property ~ D/U 2,301 sq. ft. or greater $500 2. Residential Property D/LT 1,801 sq. ft. - 2,300 sq. ft. $475 3. Residential Property D/LT 1,800 sq. ft. or less $425 4. Non-Residential Acre N/A $3,700 Property Backup Special Tax When a Final map is recorded the backup Special tax for the Pazcels of taxable Property within such Final map area shall be determined by multiplying $3,700 by the Net Taxable Acreage in such Final Map and dividing such amount by the number of Parcels of taxable property (i.e. the number of residential lots) within such Final map. If a Final Map within the CFD includes Parcels of Taxable Property for which building permits for both residential and non-residential construction maybe issued, then the Backup Special Tax for each Parcel of Residential Property within the CFD shall be computed by the Administrator exclusive of the allocable portion of total Net Taxable Acreage attributable to Parcels of Table Property for which building permits for non-residential construction maybe issued. METHOD OF APPORTIONMENT OF THE SPECIAL TAX As commenced in Fiscal Yeaz 2001-2002 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the CFD until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Yeaz as follows: P266 Resolution No. Page First: The Special Tax shall be levied proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Pazcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional moneys aze needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Pazcel. of Developed Property whose Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E, at up to 100% of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal year as a consequence of delinquency_ or default by the owner of any other Pazcel of Taxable Property within the CFD. The City Council shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property and Property Owner's Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres within the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fourth step. P267 O O O O N V .y IOIww ^YI W ~_ ~_ V w .C V AFJ L ny ny es nV PIS ny iS I... C •~. •~~'•' L N .~~ ~ A ~ • i. d ~ a m N Q] 2 b o N J C 0 ~ ~ u) ~ d U U o m ~ RI d f ~ N -_ ~ ~ i o L O O t LL Q _._._.'• ny lSe3 1 L 1 v - - '~ ny epuem!13 ~alsayooa ny ua~pl!W ny uaneH ny esow~aH o~ n e y!4 V V Pl ~•~ ~ ~nny uewpaH i ~~. L v any p~e6au!n 1 ~°°ois~•SD~nSs j °m~°• s§fi~4o m id ~ E 1 5 gB s 64a m 9 tlSr?g55and=~~Oi ~ [ ~Sa~d•^°rc E`y ~~de ` 2s~a a'=Aa~ Rp egs n6 e' i ~ m j ~ Nn\/an0l L 68E 6 'y1IDEg4 5 $ ~$£ 2E Gba~ ~i ~E 3 Q ~ ~ ~Y p fi~~E~E`p~5S°8E=6 O li ~$%s~a5~g'~ai•hg ~'°b4 "88E app :~ 8e ~oe° °n ¢77 E 8 L t ~u @aE 3~S " °6 nC S~a 8a6~6.°s ~~ ` ppS s ~aege6~~a~~° ®'g~ b d B ~6~~~~ E F S E SS K J d N m ny epuem!13 PM9 ~aa~~ i ny P268 T H E C I T Y O F RANCHO C U C A M O N G A Staff Report DATE: June 6, 2007 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK). RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting an annual special tax levy of $4,134.47 an acre per parcel to discharge bond obligations in Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. BACKGROUND/ANALYSIS On November 7, 2000, an election was held and the property owners within the boundary of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) authorized the district to incur bonded indebtedness in the principal amount of $6,835,000. On December 6, 2000, the City Council adopted Ordinance No. 646 authorizing the levy of a special tax in the district. Bonds were issued on December 21, 2000 for the purpose of financing the acquisition of street improvements on public street improvements required as a condition of approval of development of the property within the proposed district including Milliken Avenue, Arrow Route Highway and Foothill Boulevard; such street improvements to include but not to be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs, fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. P269 CITY COUNCIL STAFF REPORT CFD NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) June 6, 2007 Page 2 The property owners within the district approved the maximum rate for the special tax at 54134.47 per acre. On each July 1, commencing July 1, 2002 the Maximum Annual Special tax shall be increased by two percent (2%) of the amount in effect for the previous fiscal year. This special tax shall be levied only so long as required for each pazcel of taxable property to dischazge bond obligations through fiscal year 2035-2036. R/espectfully submitted, ~`/,~~ John R. Gillison Deputy City Manager/Administrative Services Attachments: Resolution Annual Status Report Map -2- P270 RESOLUTION NO. D 7" ~3J~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT N0.2000-02 (RANCHO CUCAMONGA CORPORATE PARK) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized 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 for the State of Califomia. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year 2007-2008 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Status Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: P271 Resolution No. Page A. Payment of principal of and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the an~ount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. _ P272 Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2007. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, P273 CITY OF RANCHO CUCAMONGA MELLO-RODS COMMUNITY FACILITIES DISTRICT NO. 2000-02 RANCHO CUCAMONGA CORPORATE PARK ANNUAL STATUS REPORT Resolution No. JUNE 2007 P274 Resolution No. Page BACKGROUND On November 7, 2000, the electors within the boundary of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) authorized the District to incur bonded indebtedness in the principal amount of $6,835;000 for the purpose of financing the acquisition of street improvements on public street improvements required as a condition of approval of development of the property within the proposed district including Milliken Avenue, Arrow Route Highway and Foothill Boulevard; such street improvements to include but not to be limited to: demolition and grading, curb, gutter and sidewalks, traffic signals; entry feature and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping; landscaping and irrigation improvements; public utilities and appurtenances. The district was approved setting the maximum rate at $3,896 per acre. However, on each July 1, commencing July 1, 2002 the Maximum Annual Special tax shall be increased by two percent (2%) of the amount in effect for the previous fiscal year. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through fiscal year 2035-2036. FISCAL YEAR 2007-2008 The annual tax rate for fiscal year 2007-2008 will be $4,134.47 per acre, and will provide sufficient funding to pay debt service in the amount of $514,210.00. P275 COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE CITY AND TRUSTEE ADMINISTRATION, GENERAL OVERHEAD & LIABILITY CONTRACT SERVICES DELINQUENT ASSESSMENTS SOURCES: DELINQUENT ASSESSMENTS INTEREST REVENUE FUND BALANCE SPECIAL TAX $4,134.47 PER ACRE Resolution No. Page $514,210 $ 48,500 $ 1,500 $ 0 $564,210 $ 0 $ 4,000 $ 0 $564,560 $568,560 P276 N ~; 0 a ~, ~ O h Q ~ N O N +.. i ._._._._._._ ,` ~ J •= ; ~ C ~ ~ w i ~ ~ d V U o ~ 1 c ~ d ~ N Q ! 1 J y m ~ J O vi ~ m °' t 8 3 @ 0 ~ LL Q w I _._._. i ny lSe3 I I rn ` ~_ i 1 i L . C (~ ~ ny epuem133 I ny epuem133 ` I ^ I ~•1r ~ 1 I PM8 ~aa~~ Re l 1 • ny ~alsayooa ny ~alsayooa U 1•- i , ny uaNllliW~• ._._._._._._ 1 I nV ua>I!II!W 1 1' 1 1 ny uaneH. I I ny uaneH ny esow~aHl ny esow~aH 1 1 nd PIeQ!4o~V 1 nV PIa9!4o~V 1 1 1 nyuewllaH~ ~ fn ny uewllaH ~.~~ z • ~ _ j t .~ 1 ny p~e~(auln ~ ~ €k pga gggg} Bg~$°; n ~ 1Sue!lawe~l a ! ~$h~ 4[ 9~SE 0g pp 1 ~ ~ i cp Sb b~ gL ~a3 i._._._ I .~.N ~ ~~._._ r._Z .o = € p 6€~~8enu ~c3 j,b~ nyano~~ 9~~-889~F pp33~'~5E 1 ~ L._. 1 ~.i L ~ ~.i ~ > K in g~r~$~a~~Ea g9 6 ~ yg5 ~s~~8~e:~ 1._._._ ~ - I'... o L ~ ~ ~ g Bpg3B 's8 ~P~g°4 4 E b K `° ti y® i3e@p ~F~`- ~ 4 ~ ~' v c m m p~~s~a s f~~ '~g !pq ^¢ 56gggk ~ ~ ~Rb{! p'§E2wp ae y g[~ SS~~~~ : ~ ~ EE SL£ b3@ ~~' :~~ T H E C I T Y. O F {9:.,... •. _ •-,6 ~ a.. .n..:.-:.,.... ,x,,. _ ,.. c...~xa~,;. z.ao~.<. ~. •..r.,^,5. N ..~,-,z3:'_.r._ r. R A N G h O C U C A M O N G A StaffReport DATE: June 6, 2007 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager ' SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2000-03 (Rancho Summit). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current rate for fiscal year 2007/2008. BACKGROUND/ANALYSIS On October 11, 2000 an election was held and the property owners within the boundary of Community Facilities District No. 2000-03 authorized the district to incur bonded indebtedness in the principal amount of $9,835,000. On July 6, 2005, the City Council adopted Ordinance No. 744 approving the levy of the special tax, and on September 21, 2005 approved Resolution No. OS-278 authorizing the issuance of bonds. The District was authorized to finance park improvements including clearing and grading of park sites, park hardscape and restrooms, street improvements and parkway hardscape landscaping of parks and parkways and park equipment with a useful life of five (5) years or more. The District is located south of Summit Avenue on the east and west sides of Wardman Bullock Road. P277 P278 Page 2 June 6, 2007 City Council Staff Report CFD 2000-03 This special tax shall be levied only so long as required for each parcel of taxable property to dischazge bond obligations through the life of the bonds. Respectfiill miffed, John 11 n Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map P279 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-03 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS 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 A and B 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 Pazcel. 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 Pazcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. A. MAXIMUM SPECIAL TAX I. 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) the amount derived by application of the Assigned Special Tax A or (ii) the amount derived by application of the Backup Special Tax A. (b). Assigned Special Tax A The Fiscal Year 2007-2008 Assigned Special Tax A for each Land Use Class is shown below in the Table below P280 Assigned Special Tax A for Developed Property in City of Rancbo Cucamonga Community Facilities District No. 2000-03 (gaucho Summit) Fiscal Year 2007-2008 Land Residential Use Description Floor Assessors Parcel Numbers Amount Class Area 2 Residential Pro ert 1850 - 2049 s.f. 22649201, 07, 21, 23, 26 $1,899.00 22650204, 06, 10, 20, 22, 27, 28, 38, 45 22650253,57 22651204, 14, 17, 18, 22, 27, 34, 37, 40 22651246, 49, 51', 54, 55, 60, 61, 63, 68 22651270, 71, 74, 76 22652305, 14, 15 22653213, 15, 24, 27, 30, 32, 35, 36 22653306„ O8, 10, 11, 13, 14, 15, 17, 21 22653325, 27, 33, 40, 42, 45 3 Residential Pro ert 2050 - 2249 s.f. 22649206, 08, 17, 19, 24 $2,027.00 22650202, 05, O8, 12, 21, 23, 36, 44, 51 22650252, 56, 59 22651201, 05, 09, 15, 19, 23, 25, 28, 50 22651253, 56, 59, 69, 75 22652312,17 22653205, 09, 16, 31, 33 22653318, 29, 37, 39 4 Residential Pro ert 2250 - 2449 s.f. 22610227 $2,046.00 22643209, 37, 50 22644414, 21, 25 22645205 22649202, 05, 09, 16, 20, 22, 25 22650203, 07, 09, 11, 19, 25, 33, 39, 43 22650246, 49, 54, 55, 58 22651202, 06, 08, 12, 16, 20, 21, 24, 26 22651230, 32, 35, 57, 62, 64, 66 22652302, 11, 13, 16, 23 22651230, 32, 35, 57, 62, 64, 66 22652302, 11, 13, 16, 23 22653204, 08, 14, 17, 21, 25, 28, 37 22653312, 20, 24, 26, 28, 35, 38, 41 P281 5 Residential Pro ert 2450 - 2649 s.f. 22610228 $2,061.00 22643202, 05, 07, 11, 13, 14, 15, 20, 22. 22643224, 25, 28, 30, 32, 34, 35, 39, 43 22643245, 48, 51, 55, 59, 60 22644401, 03, 05, 07, 09, 10, 12, 13, 16 22644418, 23, 27, 31 22645201,03 22649203,10 22650214, 17, 24, 26, 31, 32, 35, 40, 42 22651207, 11, 31, 33, 36, 39, 41, 43, 45 22651247, 65, 73 22652303, 07, 09, 18, 21 - 22653201, 03, 07, 11, 12, 19, 23, 26, 29 22653234 22653301, 03, 05, 16, 23, 32, 34, 43 6 Residential Pro ert 2650 - 2849 s.f. 22643204, 08, 12, 16, 26, 29, 36, 38, 40 $2,235.00 22643242, 47, 49, 53, 56 22644402, 04, 11, 15, 19, 24, 28, 30, 32 22649204, 18 22650201, 13, 15, 16, 18, 29, 30, 34, 41 22650247, 48, 50 22651203, 10, 13, 29, 38, 42, 44, 48, 52 22651258, 67, 72 22652301, 04, O6, 08, 10, 22 22653202, 06, 10, 18, 20, 22 22653302, 04, 07, 09, 19, 22, 30, 31, 36 22653344,46 7 Residential Pro ert 2850 - 3049 s.f. 22643201, 03, 06, 10, 19, 21, 23, 27, 31 $2,462.00 22643233, 41, 44, 46, 54, 58 22644406, 08, 17, 20, 22, 26, 29 22645202,04 11 Residential Pro ert N/A 22649211, 12-15 $1,644.63 (c). Assigned Special Taz A The Fiscal Year 2007-2008 Assigned Special Tax A, identified in the Table above, shall not be subject to change and shall therefore remain the same in every Fiscal Yeaz. - P282 (d). Backup Special Tax A The Fiscal Year 2007-2008 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 2007-2008 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 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. 2. 'Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a). Maximum Special Tax A The Fiscal Year 2007-2008 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 Special Tax The Fiscal Year 2007-2008 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. B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2006-2007 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Facilities and shall levy the P283 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 aze 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 Pazcel 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 aze 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. C. 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. P284 However, should an Assessor's Pazcel 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. D. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Pazcel 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. E. MANNER OF COLLECTION The Special Tax A 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 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 Pazcels as permitted by the Act. F. PREPAYMENT OF SPECIAL TAX A "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Yeaz. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax A obligation applicable to an Assessor's Pazcel in CFD No. 2000-03 may only be prepaid after all authorized Bonds have already been issued, or after the Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported by the Special Tax A levy under this Amended and Restated Rate and Method of Apportionment. The obligation of the Assessor's Pazcel to pay any Special Tax A may be permanently satisfied as described herein, provided that a prepayment maybe made with respect to a particular Assessor's Pazcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax A obligation shall P285 provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may chazge a reasonable fee 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 A Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond F p]us plus plus less less Total: equals redemption Amount Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Special Tax A Prepayment Amount (defined below) shall be calculated as follows: 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 pazagraph 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 Pazcels 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 lazger quotient computed pursuant to pazagraph 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"). P286 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 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 cun•ent Fiscal Yeaz 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 Yeaz 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 aze 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 and the redemption (the "Adminish~ative Fees and Expenses"). 11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (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) iri 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 defined in the Indenture). 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 lazger 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 ] 0, less the amounts computed pursuant to paragraphs 11 and 12 (the "Prepayment Amount"). P287 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 established under the Indenture to be used with the next prepayment of Bonds or to make scheduled debt service 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 Pazcel from 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, 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 Pazcel 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 Property 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 C) 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. G. TERM OF SPECIAL TAX The Special Tax A shall be levied for a period not to exceed fifty years, provided however that the Special Tax A will cease to be levied in an eazlier Fiscal Year if the CFD Administrator has determined that all required interest and principal payments on the Bonds have been paid. P288 RESOLUTION NO. ~ ~^~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "A" FOR COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2007-2008 Recitals WHEREAS, by its Resolution No. 00-190 adopted on September 20, 2000 the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act"),established City of Rancho Cucamonga Community Facilities District No. 2000- 03 (Rancho Summit) (the "District") and authorized, subject to the approval ofthe qualified electors of the District, the levy of a special tax ("Special Tax `A"') pursuant to the rate and method of apportionment thereof (the "Rate and Method") for the purpose of financing the acquisition or construction of certain authorized public facilities; and WHEREAS, at an election held on October 11, 2000 the qualified electors of the District unanimously approved the levy of Special Tax "A" pursuant to the Rate and Method; and WHEREAS, in 2005 the City Council initiated proceeding to modify the Rate and Method; and WHEREAS, on June 15, 2005, the City Council submitted the proposed modifications to the Rate and Method to the qualified electors of the District; and WHEREAS, on the same day, the qualified electors of the District voted unanimously to authorize the modifications to the Rate and Method (the Rate and Method as modified, the "Amended and Restated Rate and Method"); and WHEREAS, the City Council subsequently enacted Ordinance No. 755 (the "Ordinance")~ which became effective on August on August 5, 2005, to authorize the levy of Special Tax "A" pursuant to the Amended and Restated Rate and Method; and WHEREAS, the Act provides that the City Council may provide, by resolution, for the levy of Special Tax "A" for any future tax yeaz; and WHEREAS, the City Council desires to provide for the levy Special Tax "A" for Tax Year 2006-2007 pursuant to the Ordinance. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. P289 SECTION 2: That the specific rate and amount of the Special Tax "A" to be collected for Fiscal Yeaz 2007-2008 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of Special Tax "A" shall be used, in whole or in part, for the following: A. payment of debt service on all outstanding bonds issued for the District due in calendar yeaz 2008; B. payment of a proportionate shaze of administrative expenses related to the bond and the District; C. payment of any amounts required to replenish the reserve fund established for the bonds; and D. payment for reasonably anticipated Special Tax "A" delinquencies based on the delinquency rate for Special Tax "A" in the preceding tax yeaz. The proceeds of Special Tax "A" shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special Tax "A" shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space mazked "public improvements, special tax", or by any other suitable designation, the installment of Special Tax "A." and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and.percentages so collected and from what property collected, and'also provide a statement of any percentages retained for the expense of making any such collection. Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2007. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. P290 Debra J. Adams, CMC, P291 M O ~ a d 0 O C ry O N O ~ o N y d •Fr E N ~~ ~ D ~ -•- • •- c U U g 0 ~ -•- ~ ~ ~ o ~ i J m N ~ O ,• ~ ~ ~ ~ O .= V 7 ~ m O ~ Q cp i _._._. i ny lse3 in ~ i L ,F, I i ny epuen~g v ny epuem!;3 •~ i ~ i ~ aa~ e ~ a PM8 ~ V ny ~a;sayooa ny ~a;sayooa r• ny ua~!II!W t_._._._._._ nb' ua~l!II!W i i i ny uaneHi i ny uaneH ~ ny esow~aHi ny esow~aH i e o~ nV PIe9!4u~V~ V nb PI 9!4 i ~ ny uewllaH~ ~;_ ny uewllaH ~ •' ~ r ~~ z i ~ n ~e~(au ~ i y p !n 1 1S uepawe~j o ~ "s F$5 s'""gg@~ =~ c s s ~ dP ~ ~ ^ ~.I~i ~~ """B ga'4~gm~sB ~ ' ~'~8dd a3="P " ._. . ~ _._•-•ti b @ ~ ~ oE o ~m i ~.~ _ _ nyana~ aaE o saYS ~ • ,/ J C2~ 3 L p s6 ~~ :z vE"b5 ` L • ' 9gc ~ U ~ ~ N CD Q Q y~.g B i=~a~aF ::~55 oa Sm ~~ $Ei ~ e3 -e : ~ ~ ~ N ~ m _ ~j3Q§ ~s ~~~g e~s5 gp qg5$ E~59a~b$@ ~ ~ " ~€ P~ ~~ a S Cgga { ~ Z E ~ ~ ~ g sb~893 ' 5 P292" ~`'~ 922 11N~! MY. t3 r; T H E C I T Y O F ,r ~. RAN~CtIO rnCU,CAMONGA` StaffRepOTt DATE: June 6, 2007 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO.2000-03 (RANCHO SUMMIT) OPERATION AND MAINTENANCE OF PARKS AND PARKWAYS. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2000-03 (Rancho Summit). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay for the operation and maintenance of parks and parkways. BACKGROUND/ANALYSIS On August 16, 2000 approved Resolution No. 00-149 and established Community Facilities District No. 2000-03; on October 11, 2000 the qualified electors of the District, being the owners of the land within the District, voted to approve the levy of a special tax to pay For certain public services and the administering of such District. On July 6, 2005, the City Council adopted Ordinance No. 744 approving the levy of the special tax. On each July 1, commencing on July 1, 2006, the Maximum Special Tax for Developed Property shall be increased based on the percentage change in the Consumer Price Index (CPI), with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Yeaz. The CPI for the current year is 3.8%. The District was authorized to finance pazk improvements including clearing and grading of park sites, park hardscape and restrooms, street improvements and parkway hardscape landscaping of parks and parkways and park equipment with a useful life of five (5) yeazs or P293 Page 2 June 6, 2007 City Council Staff Report CFD 2000-03 more. The District is located south of Summit Avenue on the east and west sides of Wazdman Bullock Road. The special tax shall be levied as long as'necessary to meet the Special Tax Requirement for Services. Respec 1 subrrutted, C <_~ John R. Gillison Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map P294 RESOLUTION N0. ~ 7-/3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE LEVY OF SPECIAL TAX "B" FOR COMMUNITY .FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) FOR TAX YEAR 2007-2008 TO FINANCE THE OPERATION OF AND MAINTENANCE OF PARK AND PARKWAYS. Recitals WHEREAS, by its Resolution No. 00-190 adopted on September 20, 2000 the City Council of the City of Rancho Cucamonga, Califomia (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the Califomia Government Code) (the "Act"), established City of Rancho Cucamonga Community Faci]itiesDistrict No. 2000- 03 (Rancho Summit) (the "District"); and WHEREAS, at an election held on October 11, 2000 the qualified electors of the District unanimously approved the levy of a special tax ([he "Special Tax `B"') pursuant to the rate and method of apportionment thereof for the purpose of financing the operation and maintenance of parks and pazkways within the District; and WHEREAS, in 2005 the City Council initiated proceeding to modify the Rate and Method; and WHEREAS, on June 15, 2005, the City Council submitted the proposed modifications to the Rate and Method to the qualified electors of the District; and WHEREAS, on the same day, the qualified electors of the District voted unanimously to authorize the modifications to the Rate and Method (the Rate and Method as modified, the "Amended and Restated Rate and Method"); and WHEREAS, the City Council subsequently enacted Ordinance No. 755 (the "Ordinance") which became effective on August on August 5, 2005, to authorize the levy of Special Tax "B" pursuant to the Amended and Restated Rate and Method; and WHEREAS, the Act provides that the City Council may provide, by resolution, for the levy of Special Tax "B" for any future tax year; and WHEREAS, the City Council desires to provide for the levy Special Tax "B" for Tax Year 2007-2008 pursuant to the Ordinance. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: P295 Resolution No. SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the Special Tax "B" to be collected for Fiscal Yeaz 2007-2008 for the District is hereby determined and established as set. forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by the Ordinance, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of Special Tax "B" shall be used, in whole or in part, for the following: A. Payment of costs and expenses of the operation and maintenance of authorized parks and parkways and incidental expenses pursuant to the Act; B. Payment of an amount necessary to fund or replenish an operating reserve for the costs of the operation of authorized parks and parkways; C. Payment of a proportionate share of Administrative Expenses as such tern is defined in the Modified Rate and Method The proceeds of Special Tax "B" shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: Special Tax "B" shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid. into the Community Facilities District funds. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of Special Tax "B,"and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P296 Resolution No. Page PASSED, APPROVED, and ADOPTED this day of June 2007. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, P297 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000=03 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS 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 A and B 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 Pazcel. The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Pazcel. The Maximum Special Tax for any Assessor's Pazcel of Developed Property containing more than one Land Use Class shall be determined pursuant to Section C below. A. MAXIMUM SPECIAL TAX Developed Property (a). Maximum Special Tax The Maximum Special Tax B for each Land Use Class of Developed Property is shown in the Table below. (b). Assigned Special Tax B The Fiscal Year 2007-2008 Assigned Special Tax B for each Land Use Class is shown in the Table below. P298 Assigned Maximum Special Tax B for Developed Property in City of Raucho Cucamonga Community Facilities District No. 2000-03 (Rancho Summit) Fiscal Year 2007-2008 Land Residential Use Description Floor Assessors Parcel Numbers Amount Class Area 2 Residential Pro ert 1850 - 2049 s.f. 22649201, 07, 21, 23, 26 $981.00 22650204, 06, 10, 20, 22, 27, 28, 38, 45 22650253, 57 22651204, 14, 17, 18, 22, 27, 34, 37, 40 22651246, 49, 51, 54, 55, 60, 61, 63, 68 22651270, 71, 74, 76 22652305, 14, 15 22653213, 15, 24, 27, 30, 32, 35, 36 22653306, O8, 10, 11, 13, 14, 15, 17, 21 22653325, 27, 33, 40, 42, 45 3 Residential Pro ert 2050 - 2249 s.f. 22649206, 08, 17, 19, 24 22650202, O5, O8, 12, 21, 23, 36, 44, 51 22650252, 56, 59 22651201, 05, 09, 15, 19, 23, 25, 28, 50 22651253, 56, 59, 69, 75 22652312,17 22653205, 09, 16, 31, 33 22653318, 29, 37, 39 4 Residential Pro ert 2250 - 2449 s.f. 22610227 22643209, 37, 50 22644414, 21, 25 22645205 22649202, 05, 09, 16, 20, 22, 25 22650203, 07, 09, 11, 19, 25, 33, 39, 43 22650246, 49, 54, 55, 58 22651202, O6, 08, 12, 16, 20, 21, 24, 26 22651230, 32, 35, 57, 62, 64, 66 22652302, 11, 13, 16, 23 22651230, 32, 35, 57, 62, 64, 66 22652302, 11, 13, 16, 23 22653204, 08, 14, 17, 21,25, 28, 37 22653312, 20, 24, 26, 28, 35, 38, 41 r P299 5 Residential Pro ert 2450 - 2649 s.f. 22610228 $981.00 22643202, 05, 07, 11, 13, 14, 15, 20, 22 22643224, 25, 28, 30, 32, 34, 35, 39, 43 22643245, 48, 51, 55, 59, 60 22644401, 03, O5, 07, 09, 10, 12, 13, 16 22644418, 23, 27, 31 22645201,03 22649203,10 22650214, 17, 24, 26, 31, 32, 35, 40, 42 22651207, 11, 31, 33, 36, 39, 41, 43, 45 22651247, 65, 73 22652303, 07, 09, 18, 21 22653201, 03, 07, 11, 12, 19, 23, 26, 29 22653234 22653301, 03, 05, 16, 23, 32, 34, 43 6 Residential Pro ert 2650 - 2849 s.f. 22643204, O8, 12, 16, 26, 29, 36, 38, 40 22643242, 47, 49, 53, 56 22644402, 04, 11, 15, 19, 24, 28, 30, 32 22649204,18 22650201, 13, 15, 16, 18, 29, 30,34, 41 22650247, 48, 50 22651203, 10, 13, 29, 38, 42, 44, 48, 52 22651258, 67, 72 ' 22652301, 04, 06, 08, 10, 22 22653202, 06, 10, 18, 20, 22 22653302, 04, 07, 09, 19, 22, 30, 31, 36 22653344,46 7 Residential Pro ert 2850 - 3049 s.f. 22643201, 03, O6, 10, 19, 21, 23, 27, 31 22643233, 41, 44, 46, 54, 58 22644406, O8, 17, 20, 22, 26, 29 22645202,04 11 Residential Pro ert N/A 22649211, 12-15 P300 (c). Increase in the Assigned Maximum Special Tax B On each July 1, commencing on July 1, 2006, the Maximum Special Tax B listed in the Table 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. The CPI for the current year is 3.8%. (d).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 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. 2. Uudeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a). Maximum Snecial Tax B The Fiscal Year 2007-2008 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 On each July 1, commencing on July 1, 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. P301 B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. Special Tax B Commencing with Fiscal Year 2006-2007 and for each following Fiscal Yeaz, 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 Pazcel 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 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 Pazcel 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; C. EXEMPTIONS 1. 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. D. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Pazcel 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. E. MANNER OF COLLECTION The Special Tax B will be collected in the same manner and at the same time as ordinazy ad valore»: property taxes; provided, however, that CFD No. 2000-03 may P302 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. F. PREPAYMENT OF SPECIAL TAX B The Special Tax B may not be prepaid. G. TERM OF SPECIAL TAX The Special Tax B shall be levied as long as necessary to meet the Special Tax Requirement for Services. P303 O ] ~ a OI ~ C N N Y ~ *.. a EN J ~ 'O ~` ~ m U U -•-•-•-•-• °' 3 ~ o 0 r ~ i ~ ~ ~ tq a _i ~ ~ m o J ~ ~„ ~ - i m o v ~ ¢ ~ i _._. -•~ ny ~se3 in 1 ~ L. ~ ~ ,~~ j i ny epuennp . ny epuenn!~3 '~ i ~ ~ i ~ P^19 ~aaJ~ ea i I._._._._._._._._.. 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C ~ ny ~alsayooa V ny ~a~sayooa ,~. ny ua>I!II!W i ._._._._ - ny ua>I!II!W i i i i ny uaneHi ny uaneH i ny esow~aHi ny esow~aH i nb' Ple4!yo~d• ^d PIe4!4o~V 1 I i ,., ny uewllaH ny uewpaHi d ~ i ~ ~~ i ny p~e~(au!~ i 3S ue!!awe~l "" g,g.e9e$a~e.c e ~ '~' A~ ~y ~Yg~"tSp~Fo$gY ~•I D: _•~'L nF/an01,9 €Arc ogs 83 "E'~ j ~~ r ~ m 3 ~ ~ar~~~e$:ee~Ba • D:' c m O Q _~~eFF~eaF~gAsc~~ ~ ~ Sa'e_p~Yw ao~oa~ y N ~ $a~p~Re"a~E~p~?~$ C ~~ p m Era„ ~..~~~gmg~~ 2 ~ey~~[&(€E g~~~ aqg ~5@~ '1 'Sv 2,°q ~~292gg C~ EE~~E~~ Safi ~9Y P305 T H E C 1 T Y O F -:..~-_ :~rr:~ - RnxCxo Cucnrhoacn St~`Report DATE: June 6, 2007 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-O1 (IMPROVEMENT AREA NOS. 1 & 2, SERIES 2001-A) WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2001-01 (Improvement Area Nos. 1 & 2), Series 2001-A. Pursuant to Section 53340 and 53358 of the Government Code Mello- Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current rate for fiscal year 2007/2008. BACKGROUND/ANALYSIS On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area Nos. 1 and 2), Series 2001-A authorized the district to incur bonded indebtedness in the principal amount of $14,240,000. On August 15, 2001 the City Council adopted Ordinance No. 01-019 authorizing the issuance ofbonds. Bonds were issued on August 29, 2001 to share in the financing of public street improvements required for the development of the property within the District, including improvements to Day Creek Boulevard, Victoria Pazk Lane, Church Street, Foothill Boulevard, Baseline Road and Arbor Way, landscaping improvements within public right-of- way, storm drain and flood control improvements. P3O6 Page 2 June 6, 2007 City Council Staff Report CFD 2001-01 (Improvement Area Nos. ] & 2) This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. The levy of special taxes annually for Improvement Area No. 1 and Improvement Area No. 2 are as follows: Improvement Area No. 1 Land Use Class Description Residential Floor Area Assigned S ecial Tax 1 Single Family Property => 3,250 sq. ft. $2,100 per residential dwelling unit 2 Single Family Property 2,950 to 3,249 sq. ft. $1,684 per residential dwelling unit 3 Single Family Property 2,650 to 2,949 sq. ft. $1,515 per residential dwelling unit 4 Single Family Property 2,350 to 2,649 sq. ft. $1,301 per residential dwelling unit 5 Single Family Property 2,150 to 2,349 sq. ft. $1,217 per residential dwelling unit 6 Single Family Property 1,950 to 2,149 sq. ft. $1,119 per residential dwelling unit 7 Single Family Property < 1,950 sq. ft. $938 per residential dwelling unit 8 Apartment Property Not Applicable $237 per residential dwelling unit 9 Non Residential Property Not Applicable $8,398 per Acre Improvement Area No. 2 Land Use Description Assigned Special Tax Class I Apartment Property ~ $237 per unit 2 Other Residential $10,768 per Acre Property 3 Non-Residential $0.63 per square foot of Non- Property Residential Floor Area P307 Page 3 June 6, 2007 City Council Staff Report CFD 2001-01 (Improvement Area Nos. 1 & 2) Respectful] submitted, Jo ~lli n Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map ~7 1 p P308 RESOLUTION NO. C~ /- ~J p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2001-01 FOR FISCAL YEAR 2007- 2008 (IMPROVEMENT AREA NOS. 1 & 2), SERIES 2001-A Recitals WHEREAS, by its Resolution No. 01-162, adopted on June 20, 2001, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "AcP') established City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District") and established within the District improvement areas designated Improvement Area No. 1 and Improvement Area No. 2 (the "Improvement Areas"); and WHEREAS, at an election held on June 20, 2001, the qualified electors of the Improvement Area No. 1 and Improvement Area No. 2 unanimously approved the levy of a special tax against properties in the Improvement Areas (the ``Special Tax"); and WHEREAS, by its Ordinance No. 658 (the "Ordinance"), adopted on July 18, 2001, the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on September 18, 2001, the District delivered its $14,240,000 City of Rancho Cucamonga Community Facilities District No. 2001-01 Improvement Area No. 1 and Improvement Area No. 2 Special Tax Bonds Series 2001-A (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of August 1, 2001, by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No. 1 and Improvement Area No. 2 for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, debt service will become due and payable on the Bonds during Fiscal Yeaz 2007-2008 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such debt service; and WHEREAS; the City Council intends to levy the Special Tax for Fiscal Yeaz 2007-2008 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Yeaz 2007-2008 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals aze all true and correct. P309 SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2007-2008 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set Forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; , B. Necessazy replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P310 PASSED, APPROVED, and ADOPTED this day of June 2007. Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga; California. Debra J. Adams, CMC, P311 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2001-O1 (IMPROVEMENT AREA NO. 1 & IMPROVEMENT AREA N0. 2) SERIES 2001-A EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Improvement Area No. I Each Fiscal Year, all Taxable Property within Improvement Area No. 1 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special tax or (ii) the amount derived by application of the Backup Special Tax. (b) Assigned Special Tax The Assigned Special Tax for each Land Use class is shown in Table 1. P312 TABLE 1 Assigned Special Taxes For Developed Property Improvement Area No. 1 Land Use Class Description Residential Floor Area Assigned S ecial Tax 1 Single Family Property => 3,250 sq. ft. $2,100 per residential dwelling unit 2 Single Family Property 2,950 to 3,249 sq. ft. $1,684 per residential dwelling unit 3 Single,Family Property 2,650 to 2,949 sq. ft. $1,515 per residential dwelling unit 4 Single Family Property 2,350 to 2,649 sq. ft. $1,301 per residential dwelling unit 5 Single Family Property 2,150 to 2,349 sq. ft. $1,217 per residential dwelling unit 6 Single Family Property 1,950 to 2,149 sq. ft. $1,119 per residential dwelling unit 7 Single Family Property < 1,950 sq. ft. $938 per residential dwelling unit 8 Apartment Property Not Applicable $237 per residential dwelling unit 9 Non Residential Property Not Applicable $8,398 per Acre II (c). Multiple Land Use Classes In some instances an assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Taxes for all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Parcel derived by application of the Backup Special Tax. For an Assessor's Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. P313 (c) Backun Special Tax The Backup Special Tax shall equal $10, 768 per acre. 2. Final Mapped Property (a). Intermediate Special Tax The Intermediate Special Tax shall only be levied on Assessor's Parcels of the Final Mapped Property. To compute the Intermediate Special Tax attributable to a Final Subdivision, the Acreage of all Developed Property and Final Mapped Property within that Final Subdivision shall be multiplied by $7,500. The Intermediate Special Tax for each Assessor's Pazcel of Final Mapped Property planned for residential development shall then be computed by dividing the Intermediate Special Tax attributable to the applicable Final Subdivision by the total number of Assessor's Parcels planned for residential development within that Final Subdivision (i.e., the number of residential lots). The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property in a Final Subdivision planned exclusively for non-residential development shall equal $7,500 multiplied by the Acreage of such Assessor's Parcel. If a final Subdivision includes Assessor's Pazcels of Developed Property and Final Mapped Property planned for both residential and non-residential development, then the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall be calculated as described above based exclusively on the Acreage of the residential Final Mapped Property. Conversely, the Intermediate Special Tax for each assessor's Parcel of Final Mapped Property planned for non- residential development shall be calculated as described above based exclusively on the Acreage of the non-residential Final Mapped Property. The CFD Administrator shall allocate the Acreage of each Assessor's Parcel in the Final Subdivision to residential and non-residential development based on the projected use of each such Assessor's Parcel. (b) Maximum Snecial Tax The Maximum Special Tax for Final Mapped Property shall be $10,768 per Acre. 3. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property. The Maximum Special Tax for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $10, 768 per Acre. P314 APPORTIONMENT OF SPECIAL TAX For each Fiscal Yeaz the Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the Improvement Area No. 2 (I A No. 2) Special Tax, until the amount of Special Taxes and Improvement Area No. 2 Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each.Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property. in an amount equal to 100% of the applicable Assigned Special Tax; and the City Council shall be notified by the CFD Administrator that under the terms of I A No. 2 Rate and Method (RMA), the I A No. 2 Special Tax shall be levied on each Assessor's Parcel of I A No. 2 Developed Property in an amount equal to 100% of the applicable I A No. 2 Assigned Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special tax shall be levied on each assessor's Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final Mapped Property; and the City Council shall be notified by the CFD Administrator that under the terms of I A No. 2 RMA, the I A No. 2 Special Tax shall be levied on each Assessor's Parcel of I A No. 2 Final Mapped Property up to 100% of the I A No. 2 Intermediate Special Tax for I A No. 2 Final Mapped Property, with the levy on Final Mapped Property and I A No. 2 Final Mapped Property being Proportionate; Third: If additional monies aze needed to satisfy the Special tax Requirement after the first two steps have been completed, the Special Tax shall be levied on each Assessor's Pazcel of Undeveloped Property at up $7,500 per acre; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 2 RMA, the I A No. 2 RMA, the I A No. 2 Special Tax shall be levied on each Assessor's Pazcel of I A No. 2 Underdeveloped Property at up to $7,500 per Acre, with the levy on Undeveloped Property and I A No. 2 Undeveloped Property being Proportionate; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 2 RMA, the I A No. 2 Special Tax shall be levied on each Assessor's Parcel of I A No. 2 Final Mapped Property and I A No. 2 Undeveloped Property at up to 100% of the I A No. 2 Maximum Special Tax for I A No. 2 Final Mapped Property and I A No. 2 Undeveloped Property, with the levy on Final Mapped Property and Undeveloped Property and I A No. 2 Final Mapped Property and I A No. 2 Undeveloped Property being Proportionate; Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first Four steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to P315 the Maximum Special Tax for each such Assessor's Pazcel; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 2 RMA, the levy of the I A No. 2 Special Tax on each Assessor's Parcel of I A No. 2 Developed Property whose I A No. 2 Maximum Special Tax is determined through the application of the I A No. 2 Backup Special Tax shall be increased in equal percentages from the I A No. 2 Assigned Special Tax up to the I A No. 2 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed Property and I A No. 2 Developed Property being Proportionate; Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the Special Tax shall be levied on each Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 2 RMA, the I A No. 2 Special Tax shall be levied on each Assessor's Pazcel of I A No. 2 Taxable Property Owner Association Property or I A No. 2 Taxable Public Property at up to the I A No. 2 Maximum Special Tax for I A No. 2 Taxable Property Owner Association Property or I A No. 2 Taxable Public Property, with the levy on Taxable Property Owner Association Property or Taxable Public Property and I A No. 2 Taxable Property Owner Association Property or I A No. 2 Taxable Public Property being Proportionate. Notwithstanding the above the city Council may, in any Fiscal Yeaz, levy proportionately less than 100% of the Assigned Special Tax and the I A No. 2 Assigned Special Tax in step one (above) when (i) the City Council is no longer required to levy a Special Tax pursuant to steps two through six above and the City Council is no longer required to levy an I A No. 2 Special Tax pursuant to steps two through six (above) of the I A No. 2 RMA in order to meet the Special Tax Requirement; (ii) all authorized I A No. 1 and I A No. 2 Bonds have already been issued or the City Council has covenanted that it will not issue any additional I A No. 1 and I A No. 2 Bonds (except refunding bonds) to be supported by Special Taxes and I A No. 2 Special Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel or 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 I A No. 1 or I A No. 2, except for those Residential Properties whose owners aze also delinquent or in default on their Special Tax payments for one or more other properties within I A No. 1 or I A No. 2. P316 CLASSIFICATION OF PARCELS Improvement Area No. 2 Each Fiscal Yeaz, all Taxable Property within Improvement Area No. 2 shall be classified as Developed Property, Final Mapped Property, Taxable Property Owner Association Property, Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the Sections III, N and V below. MAXIMUM SPECIAL TAX RATE 1. Developed Property (a) Maximum Suecial Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special tax or (ii) the amount derived by application of the Backup Special Tax. (b) Assigned Special Tax The Assigned Special Tax for each Land Use class is shown in Table 1. TABLE 1 Assigned Special Taxes For Developed Property Improvement Area No. 2 Land Use Description Assigned Special Tax Class 1 Apartment Property $237 per unit 2 Other Residential $10,768 per Acre Pro erty 3 Non-Residential $0.63 per square foot of Non- Property Residential Floor Area P317 (c). Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special Tax levied on an Assessor's Pazcel shall be the sum of the Assigned Special Taxes for all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax that can be levied on an Assessor's Pazcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor's Pazcel derived by application of the Backup Special Tax. For an Assessor's Parcel that contains both Residential Property and Non-Residential .Property, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. (c) Backup Special Tax The Backup Special Tax shall equal $10, 061 per acre. 2. Final Mapped Property (a). Intermediate Special Tax The Intermediate Special Tax shall only be levied on Assessor's Pazcels of the Final Mapped Property. To compute the Intermediate Special Tax attributable to a Final Subdivision, the Acreage of all Developed Property and Final Mapped Property within that Final Subdivision shall be multiplied by $7,500. The Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall then be computed by dividing the Intermediate Special Tax attributable to the applicable Final Subdivision by the total number of Assessor's Pazcels planned for residential development within that Final Subdivision (i.e., the number of residential lots). The Intermediate Special Tax for each Assessor's Pazcel of Final Mapped Property in a Final Subdivision planned exclusively for non-residential development shall equal $7,500 multiplied by the Acreage of such Assessor's Pazcel. If a final Subdivision includes Assessor's Parcels ~of Developed Property and Final Mapped Property planned for both residential and non-residential development, then the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for residential development shall be calculated as described above based exclusively on the Acreage of the P318 residential Final Mapped Property. Conversely, the Intermediate Special Tax for each Assessor's Parcel of Final Mapped Property planned for non- residential development shall be calculated as described above based exclusively on the Acreage of the non-residential Final Mapped Property. The CFD Administrator shall allocate the Acreage of each Assessor's Parcel in the Final Subdivision to residential and non-residential development based on the projected use of each such Assessor's Pazcel. (c) Maximum Special Tax The Maximum' Special Tax for Final Mapped Property shall be $10,768 per Acre. 3. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property. The Maximum Special Tax for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $10, 768 per Acre. APPORTIONMENT OF SPECIAL TAX For each Fiscal Year the City Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the Improvement Area No. 1 (I A No. 1) Special Tax, until the amount of Special Taxes and Improvement Area No. 1 Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax; and the City Council shall be notified by the CFD Administrator that under the terms of I A No. 1 Rate and Method (RMA), the I A No. 1 Special Tax shall be levied on each Assessor's Pazcel of I A No. 1 Developed Property in an amount equal to 100% of the applicable I A No. 1 Assigned Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special tax shall be levied on each Assessor's Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final Mapped Property; and the'City Council shall be notified by the CFD Administrator that under the terms of I A No. 1 RMA, the I A No. 1 Special Tax shall be levied on each Assessor's Parcel of I A No. 1 Final Mapped Property up to 100% of the I A No. 1 Intermediate Special Tax for I A No. 1 Final Mapped Property, with the levy on Final Mapped Property and I A No. 1 Final Mapped Property being Proportionate; Third: If additional monies are needed to satisfy the Special tax Requirement after the first two steps have been completed, the Special Tax shall be levied on each Assessor's Parcel of Undeveloped Property at up $7,500 per acre;,and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 1 RMA, the I A No. 1 Special Tax shall be P319 levied on each Assessor's Pazcel of I A No. 1 Underdeveloped Property at up to $7,500 per Acre, with the levy on Undeveloped Property and I A No. lUndeveloped Property being Proportionate; Fourth: If additional monies aze needed to satisfy the Special Tax Requirement after the first steps have been completed,. the Special Tax shall be levied on each Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 1 RMA, the I A No. 1 Special Tax shall be levied on each Assessor's Parcel of I A No. 1 Final Mapped Property and I A No. 1 Undeveloped Property at up to 100% of the I A No. 1 Maximum Special Tax for I A No. 1 Final Mapped Property and I A No. 1 Undeveloped Property, with the levy on Final Mapped Property and Undeveloped Property and I A No. 1 Final Mapped Property and I A No. 1 Undeveloped Property being Proportionate; Fifth: If additional monies aze needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 1 RMA, the levy of the I A No. 1 Special Tax on each Assessor's Parcel of I A No. 1 Developed Property whose I A No. 1 Maximum Special Tax is determined through the application of the I A No. 1 Backup Special Tax shall be increased in equal percentages from the I A No. 12 Assigned Special Tax up to the I A No. 1 Maximum Special Tax for each such Assessor's Pazcel, with the levy on Developed Property and I A No. 1 Developed Property being Proportionate; Sixth: If additional monies aze needed to satisfy the Special Tax Requirement after the first five steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public Property at up to the Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property; and the City Council shall be notified by the CFD Administrator that under the terms of the I A No. 1 RMA, the I A No. 1 Special Tax shall be levied on each Assessor's Parcel of I A No. 1 Taxable Property Owner Association Property or I A No. 1 Taxable Public Property at up to the I A No.l Maximum Special Tax for I A No. 1 Taxable Property Owner Association Property or I A No. 1 Taxable Public Property, with the levy on Taxable Property Owner Association Property or Taxable Public Property and I A No. 1 Taxable Property Owner Association Property or I A No. 1 Taxable Public Property being Proportionate. Notwithstanding the above the City Council may, in any Fiscal Year, levy proportionately less than 100% of the Assigned Special Tax and the I A No. 1 Assigned Special Tax in step one (above) when (i) the City Council is no longer required to levy a Special Tax pursuant to steps two through six above and the City Council is no longer required to levy an I A No. 1 Special Tax pursuant to steps two through six (above) of the I A No. 1 RMA in order to meet the Special Tax Requirement; (ii) all authorized Bonds have already been issued or the City Council has covenanted that it will not issue any additional Bonds (except refunding bonds) to be supported P320 by Special Taxes and I A No. 1 Special Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel or 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 Pazcel within I A No. 1 or I A No. 2, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within I A No. 1 of I A No. 2. P321 N CQ a ~,~ ~ C <m O N N C O 3 a ~~~m N.N W N N - -.-.-.-._.- o ~ $ ~ a V .= ~ N ~' w m m aEi •~ L i ~ a, ~oasss o ~Ir ~ i' ~ ~ ~ °c b y E E E E u7 Q~ i ~ N m ~ $~ U~ Q~~ O m L 3 ~ m 0 O y i w ¢` i -.-.-.-j ny lse3 ;~'+ 1 1 in ~ i j r ~ j a ~ i ny epueMg3 ia~. ny epuernp3 ~ - 1 1 .~ j _ PnlB >Iaa~~Re - - ,y;.; .' ny ~alsayooa. ~ ny ~alsayooa 0 _ V ;. ny ua~l!!ly,~!. nV ua~!II!W 1 1 1 I ny uaneH. ny uaneH i i I ny esow~aHl ny esow~aH 1 1 ntl PIe9!4o~V i nV PIeQ!4o~V I j ~ in ny uewllaH ny uewpaHj ~. ~ r 1 ~ ~• L ~ 1 ~ i ' y p~e/au!n gg¢¢ 1 ~ ac'g 5t~g e~i=",e 7S ue!lawe~l ~ Ea~~a ~~g ~Sr°~gg~ 1 i b iij$ .s. 9 ~ y ~~~`°8 ~ N w :~y0~~~~ ~~bs'E v S H m fl ~~ ~~SS~~S>£g ~aaE §xn~~$~~Es: '." - T H E C I T Y O F _ .v,1,U. y. R A H C ti 0~ C L C A M O N G A StaffReport . DATE: June 6, 2007 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2001-0] (IMPROVEMENT AREA NO.3 ZONE 7, SERIES 2001-B) WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for [he new Community Facilities District No. 2001-01 (Improvement Area.No.3 Zone 7), Series 2001-B. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current rate for fiscal year 2007/2008. BACKGROUND/ANALYSIS On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-O1 (Improvement Area No.3 Zone 7), Series 2001-B authorized the district to incur bonded indebtedness in the principal amount of $935,000. On August 15, 2001 the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds. Bonds were issued on August 29, 2001 to share in the financing of public street improvements required for the development of the property within the District, including improvements to Day Creek Boulevard, Victoria Park Lane, Church Street, Foothill Boulevard, Baseline Road and Arbor Way, landscaping improvements within public right-of- way, storm drain and flood control improvements. P322 Page 2 June 6, 2007 City Council Staff Report CFD 2001-O1 (Improvement Area 3) The property owners within the district approved the maximum rate for the special tax at $1,963.45 per acre. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. Respec ubmitted, Jo 1~ Deputy City Manager/Administrative Services P323 Attachments: Resolution Exhibit "A" Map RESOLUTION NO. ~7: /39 P324 A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2001-O1 FOR FISCAL YEAR 2007- 2008 (IMPROVEMENT AREA N0.3 ZONE 7), SERIES 2001-B Recitals WHEREAS, by its Resolution No. 01-162, adopted on June 20, 2001, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District") and established within the District an improvement area designated Improvement Area No. 3 (the "Improvement Area"); and WHEREAS, at an election held on June 20, 2001, the qualified electors of the Improvement Area unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 658 (the "Ordinance"), adopted on July 18, 2001, the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on September 18, 2001, the District delivered its $935,000 City of Rancho Cucamonga Community Facilities District No. 2001-01 Improvement Area No. 3 Zone 7 Special Tax Bonds Series 2001-B (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of August 1, 2001, by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area for each fiscal yeaz in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal yeaz, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, debt service will become due and payable on the Bonds during Fiscal Year 2007-2008 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such debt service; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Yeaz 2007-2008 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide, for the collection of such Special Tax for Fiscal Year 2007-2008 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals aze all true and correct. P325 SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2007-2008 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P326 PASSED, APPROVED, and ADOPTED this day of June 2007. Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, P327 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2001-O1 (IMPROVEMENT AREA No. 3 ZONE 7) SERIES 2001-B EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within each Zone of Improvement Area No. 3 shall be classified as Taxable or Non-Taxable Property and all. such Taxable Property shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE A. The Maximum Special Tax and Taxable Acreage for Taxable Property and Taxable Public Property for each Zone is shown in Table 1. TABLE 1 Zone Taxable Acrea a Bond Share Maximum Tax Per Acre Zone 1 -Future RDA 55.00 91.70% $15,230.37 Zone 7 - Leggio South ~ 42.74 8.30% $ 1,963.45 B. Assignment of Maximum Annual Special Tax to Successor Pazcels. The Community Facilities District (CFD) Administrator shall assign the Maximum Annual Special Tax to each Successor Parcel as follows: P328 1) When an Original or Successor Parcel is subdivided, the CFD Administrator shall classify the resulting Successor Parcels as Taxable Parcels or Tax-Exempt parcels using the definitions in the rate and method of apportionment of special tax. 2) If the Successor Parcel is a Taxable Pazcel: Calculate the percentage of the taxable Successor Parcels' square footage to the total square footage for all taxable Successor Parcels of that Original or Successor Parcel; then, Multiply this percentage by the Maximum Annual Special Tax assigned to the previous Original Parcel or Successor Parcel. The result of this calculation is the Maximum Aimual Special Tax for the Taxable Successor Parcel. C. Taxable Parcels Acquired by a Public Agency Taxable Parcels that aze acquired by a public agency after the CFD is formed will remain subject to the applicable Special Tax unless the Special Tax obligation is satisfied pursuant to Section 53317.5 o the Government Code. An exception to this maybe made if the Public use planned for a Public Parcel within the CFD is relocated to a Taxable Pazcel and the previously Tax-Exempt Pazcel of compazable acreage becomes a Taxable Parcel. This trading of Parcels will be permitted to the extent that there is no net loss in Maximum Special Tax. It is anticipated that the City will acquire approximately 55 Acres that will be subject to the Special Tax. APPORTIONMENT OF SPECIAL TAX For each Fiscal Yeaz the Council shall determine the Special Tax Requirement and levy the Special Tax, taking into consideration the levy of the Improvement Area No. 3 Special Tax, until the amount of Special Taxes and Improvement Area No. 3 Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property in an amount equal to 100% of the applicable Maximum Special Tax; or Second: If less monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied proportionately on each Taxable Parcel at less than 100% of the Maximum Special Tax; provided that the Council may levy an amount in excess of the Special Tax Requirement if all authorized Bonds have not already been issued. P329 Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Improvement Area No. 3, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within Improvement Area No.3. P330 1 1 ~ Q ~ Q c O C N N 3 "" H ~ •-•-•-•-•-•-~ ~ , i w ~ .y y ~ O 1 w W I w j V ~ ~ ~ ny epuem!73 I w ~ .~ C 1 1 Pnl9 >laa~~ !e ~ t_._._..._._._ ny r U ny ua~!I!!W~ •_._. _._._._.. m ~ ~ N ~ N J Q] y ~ ~ L Q) m o to o N N ®~, O u) N O 0 ny uaneH ny esow~aH ny uewllaH 3S uepawe~ d 2 n m v ~a r N CJ {") aaaa o~FdFd~ F N o 0 0 0 E§ ~ E E E E $r~~~CIII LL Q ~' _•_•_• any lse3 1 N ny epuemp3 ny ~alsayooa ny ua~pl!W ny uaneH ny esow~aH nV PIeQ!4o~V Nny uewllaH. ..'"n ~ f z v 1 ~ ny p~e/auln ~ s.xF tP Egg n eFa~ ~ S$..tai~e A$. FBE:e ~,,,, .D _ y i i AGE eep#%g ~;~a~. ,i' ~ J d m 3 { & ~B~E ~E t y$Ee~e ~ lu/J w m L O ~ Q p w fi~~E~P: BE8 Bd$~g=$d ~a'f ~ S E~C@ m ii :P~;~BE€g~~2a8e m a~g~s~~ff~g€ $9g~~ ~ ~s3E~~£°. ~2 8f € P331 ~. .. a. ~;,:. - ~' } ~} `e; +J T H E C I T Y O F RANCHO C,U ~C ~AM ONGA_ StaffReport DATE: June 6, 2007 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: ~ Ingrid Y. Bruce, GIS/Special Districts Manager SUBJF_('T: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2003-O1 (IMPROVEMENT AREA NO. 1 ZONES 1, 2 & 3, SERIES 2003-A). RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2003-01 (Improvement Area No: 1 Zones 1, 2 & 3), Series 2003-A. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. BACKGROUND/ANALYSIS On February 19, 2003, an election was held and the property owners within the boundary of Community Facilities District No. 2003-01 (Improvement Area No. 1), Series 2003-A authorized the district to incur bonded indebtedness in the principal amount of $14,645,000. On Mazch 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax, and on May 21, 2003 approved Resolution No. 03-125 authorizing the issuance of bonds. The District consists of approximately 229 gross acres, of which 147 acres are designated as Improvement Area No. 1 (Zones 1, 2 & 3). The District boundary is located in the eastern part of the City generally west of Interstate 15, south of Church Street, north of Arrow Route and east of the Southern California Edison easement comdor from Arrow Route north, to Foothill Boulevard and Day Creek Boulevard from Foothill Boulevazd north, to Church Street. The District is located within the Victoria Community Plan of the City. P332 Page 2 lone 6, 2007 City Council Staff Report CFD 2003-O1 (Improvement Area No. 1, Zones 1, 2 & 3) Bonds were issued on August 20, 2003 to share in the provision of funds for the acquisition and construction of certain public street improvements, storm drain and flood control and water and sewer improvements to serve property located within the District and a cultural center owned by the City, including a performing arts center, public library and banquet hall/meeting room. This special tax shall be levied only so long as required For each parcel of taxable property to discharge bond obligations through the life of the bonds. Respectfully submitted, ' ison Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map n P333 RESOLUTION NO. D ~ ~yIS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO . CUCANIONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2003-01 FOR FISCAL YEAR 2007-2008 (IMPROVEMENT AREA NO. 1 ZONES 1, 2 & 3), SERIES 2003-A Recitals WHEREAS, by its Resolutioh No. 03-031, adopted on Februazy 19, 2003, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2003-0] (the "District") and established within the District improvement azeas designated Improvement Area No. 1, Zones 1, 2 & 3 (the "Improvement Area"); and WHEREAS, at an election held on February 19, 2003, the qualified electors of the Improvement Area No. 1, Zones 1, 2 & 3 unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 699 (the "Ordinance"), adopted on March 3, 2003 the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on August 20, 2003, the District delivered its $14,645,000 City of Rancho Cucamonga Community Facilities District No. 2003-01 Improvement Area No. 1, Zones 1, 2 & 3 Special Tax Bonds Series 2003-A (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of July 1, 2003 by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No. 1, Zones 1, 2 & 3 for each fiscal yeaz in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant'); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Year 2007- 2008 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2007-2008 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2007-2008 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. P334 SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2007-2008 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P335 PASSED, APPROVED, and ADOPTED this day of June 2007. Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, P336 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-O1 (IMPROVEMENT AREA NO. 1, ZONES 1, 2 & 3) SERIES 2003-A EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Improvement Area No. I Each Fiscal Year, all Taxable Property within Zone 1, Zone 2, and Zone 3 of CFD No. 2003-01 (IA No. 1) shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE ZONE1 a. Zone 1 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone ]classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall equal $4,318 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, P337 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-O1 (IA No. 1) shall equal $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall be $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-O1 (IA No. 1) shall equal $36,294 per Acre for Fiscal Yeaz 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. P338 (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal $40,327 per. Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July I of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA.No. 1) shall be $12,817 per Acre for Fiscal Year 2003-04, and shall increase thereaftet, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 3. ZONE 3 a. Zone 3 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 3 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 3 or (ii) the amount derived by application of the Backup Special Tax for Zone 3. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 3 of CFD No. 2003-O1 (IA No. 1) shall equal $10,272 per Acre for Fiscal Yeaz 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July l of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Yeaz. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal $11,413 per Acre for Fiscal Yeaz 2003-04, and shall increase thereafter, commencing on July 1, P339 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 3 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall be $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement.. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. P340 Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Pazcel within Zone 1, except for those Residential Properties whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within Zone 1. 2. ZONE 2 Commencing with Fisca] Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Yeaz as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Pazcel of Undeveloped Property in Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 3. ZONE 3 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 3 Special Tax Requirement and levy the Special Tax in Zone 3 until the amount of Special Taxes levied in Zone 3 is equal to the Zone 3 Special Tax Requirement. The Special Tax shall be levied in Zone 3 each Fiscal Year as follows: P341 First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 3 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 3 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 3 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 3 pursuant to steps two and three above, and (i) all authorized-CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. In addition, no Special Tax shall be levied on Privately Owned Exempt Parking Property in Zone 2. Furthermore, no Special Tax shall be levied on up to 10.56 Acres of Privately Owned Specific Retail Property in Zone 2. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property in Zone 2 becomes Privately Owned Specific Retail Property. If the total number of Acres of Privately Owned Specific Retail Property exceeds the amount stated above, then the Acres exceeding such total shall be taxed at the applicable rates for Developed Property for Zone 2 as set forth in Section C above and to the extent set forth in Section D above. 3. ZONE 3 No Special Tax shall be levied on Public Property in Zone 3. P342 !' M ~ o 'i N ~ wy v 0 J~ ~_ ~_ V .~ 1 O V ny ua~!II!W ny ny ny ny 1S ue!~awe~ ny J Q C y 0! G ~ J m N - ~ ~ O m O O ~ Q N M c c c N N N , ZZZ d ~~ a < Q a m e ~' E E v v a i J Q ~ ° c y o E E E N _ _ - U J ] $ ~ U ~ ( v J N d N .~ 0 0 ny ~se3 ~ L V ~•~ ny epuenn!~3 ny Jalsayooa ny Jalsayooa ny ua~!II!W ny uaneH ny esowJaH nV PIeQ!yoJb' ,_ ny uewllaH .r' ~ f ny pJel~au!~ S°AF~A~~p2s gs ~`ee ,I ~ ~.~.~'L ~e~~~~gAgaYFay Z .'~ ~ O Ab'anOJ~ ~•rca sBrcF E`~G ,i t%) c ~ ~ to _~~;op~ g~~a.~ ~ C m O ¢ ~Y~eBegF~~$ni€$ t0 O aE~&~.g~~Q~m'~ 'y ~ ~f ¢xQf uSq~i=g~ m E~8°~Y m`~-[ACZYe 2 ~gp~~gg~~'~a~ ~ ~g~g s~~=A~e~ eFyBY~~AF "s{gp9~g ~S3~8P~F vP ~3g~n P343 ~~~ - ., ~~.. T H E C I T Y O F .. xn.. .A' ....... s...' 3ro c.:J.l.. m'f ? _u.. .:. vnrv_ %.~r. ... ftl ru,.'i\1 _... r+..fdl: Nrn:. 1.'4rtf... RANCHO C U C A M O.N G A StaffReport DATE: June 6, 2007 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO.2003-O1 (IMPROVEMENT AREA NO.2 ZONES 1 & 2, SERIES 2003-B). RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2003-01 (Improvement Area No. 2 Zones 1 & 2), Series 2003-A. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. i BACKGROUND/ANALYSIS On February 19, 2003, an election was held and the property owners within the boundary of Community Facilities District No. 2003-O1 (Improvement Area No. 2), Series 2003-B authorized the district to incur bonded indebtedness in the principal amount of $2,855,000.' On March 5, 2003, the City Council adopted Ordinance No. 699 approving the levy of the special tax, and on May 21, 2003 approved Resolution No. 03-125 authorizing the issuance of bonds. The District consists of approximately 229 gross acres, of which 82 acres are designated as Improvement Area No. 2 (Zones 1 & 2). The District boundary is located in the eastern part of the City generally west of Interstate I5, south of Church Street, north of Arrow Route and east of Southern California Edison easement corridor from An-ow Route north, to Foothill Boulevard and Day Creek Boulevard from Foothill Boulevard north, to Church Street. The District is located within the Victoria Community Plan of the City. P344 Page 2 June 6, 2007 City Council Staff Report CFD 2003-01 (Improvement Area No. 2, Zones 1 & 2) Bonds were issued on August 20, 2003 to share in the provision of funds for the acquisition and construction of certain public street improvements, storm drain and flood control and water and sewer improvements to serve property located within the District and a cultural center owned by the City, including a performing arts center, public library and banquet halUmeeting room. This special tax shall be levied only so long as required for each parcel of taxable property to dischazge bond obligations through the life of the bonds. R tfully submitted, R. Gillison Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map *~ '/ P345 RESOLUTION NO. ~/-~7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2003-01 FOR FISCAL YEAR 2007- 2008 (IMPROVEMENT AREA NO. 2 ZONES 1 & 2), SERIES 2003-B Recitals WHEREAS, by its Resolution No. 03-031, adopted on February 19, 2003, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District") and established within the District improvement azeas designated Improvement Area No. 2, Zones 1 & 2 (the "Improvement Area"); and WHEREAS, at an election held on February 19, 2003, the qualified electors of the Improvement Area No. 2, Zones 1 & 2 unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 699 (the "Ordinance"), adopted on March 3, 2003 the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on August 20, 2003, the District delivered its $2,855,000 City of Rancho Cucamonga Community Facilities District No. 2003-01 Improvemeht Area No. 2, Zones 1 & 2 Special Tax Bonds Series 2003-B (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of July 1, 2003 by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area No. 2, Zones 1 & 2 for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Yeaz 2007- 2008 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Yeaz 2007-2008 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2007-2008 by City staff. NOW THEREFORE. IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. P346 SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2007-2008 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property, collected, and also provide a statement of any percentages retained for the expense of making any such collection. P347 PASSED, APPROVED, and ADOPTED this day of June 2007. Donald J. Kurth, M.D., 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, Califomia, at a regular meeting of said City Council held on the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, P348 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT N0.2003-O1 (IMPROVEMENT AREA NO. 2, ZONES 1 & 2) SERIES 2003-B EXHIBIT "A" The~Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Improvement Area No. 2 Each Fiscal Year, all Taxable Property within Zone 1 and Zone 2 of CFD No. 2003-01 (IA No. 2) shall be classified as Developed Propertyor Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone I Developed Property (i). 'Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 1 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD.No. 2003-01 (IA No. 2) shall equal $2,799 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 P349 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-O1 (IA No. 2) shall equal $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall be $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July i, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 2. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Pazcel of Developed Property in Zone 2 of CFD No. 2003-O1 (IA No. 2) shall equal $8,480 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. P350 (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-O1 (IA No. 2) shall equal $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall be $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX I. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement. The Specia] Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each AssessoYs Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding [he above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one P351 (above) when the Council no longer must. levy a Special Tax in Zone 1 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (lA No. 2) Bonds have akeady been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-O1 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and For each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zohe 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-O1 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. E. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. P352 ~~ ~ ~ M N _ N ~ ~ O v l N c c , w w O W '- N N N (V N ZZ y ~., v m ~<a ,~ ~ y J q > > O ~ 6 ~ I c m -1 _ N ~ ~ ~ E Uy w (M~E d ~ O -/ C U U Q~ 1 m O O m SFr 1 LL' Q _ _ _ _ ~ 1 ny ise3 in V i cp i 1 i a ny epuenn!1 ny epuem!33 i ~., '~ i = i ~ ~ i PM8 ~aa~~ ea `"""""'-'-'-'-i . n ~a sa oo C ny ~a~sayooa y l y a ,_ V ~ ny ua~!II!W !'-•-•-•-•-•- nb' ua~l!tl!W 1 i I 1 1 ny uaneH. ny uaneH 1 i ny esow~aHi ny esow~aH i n e o~t ny PleQ14o~b'i V PI 9!y / i i ny uewllaHi ~' ny uewllaH ~ ~ • I ~ f w 1 ~ ny p~e~(au!n 1 i _ $~€~~~a~ECS$ :o~ 8 c 3S ue!lawe~ j 1 ~,~ b~ 4 e~ n ~4~ ~ °E -~~~ a ~§d$ s ~ ~ ~,~ S ; q 4g ; ~F ~ €~~o$ 1 r ~+ 9 sa ss nyana~ €~s~~~e§~aa oo~ 1 ~ ~ L w J m 3 ~~e C®e gp gg2c fi ~ C LL 6~?2¢~e ~~®"YYF 4 ~ °nF ap y m gs R E ~~~~r~~pF~g@ y pPE gg ep x P353 .. ~. '~ T H E C I T Y O F RANCHO C UC A M O N G A StaffReport DATE: June 6, 2007 TO: M9yor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-OI (VINTNER'S GROVE) RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2006-01 (Vintner's Grove). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. BACKGROUND/ANALYSIS On October 18, 2006, an election was held and the property owners within the boundary of Community Facilities District No. 2006-01 authorized the District to incur bonded indebtedness in the principal amount of $5,800,000. On November 1, 2006, the City Council adopted Ordinance No. 769 approving the levy of the special tax, and on December 20, 2006 approved Resolution No. 06-401 authorizing the issuance of bonds. The District boundary is located on the south side of Arrow Route with Haven Avenue on the east and Center Street on the west. Bonds were issued on January 25, 2007 to share in the provision of funds for the acquisition and of street improvements, landscape improvements within the public right-of--way, and water and sewer improvements. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. P354 Page 2 June 6, 2007 City Council Staff Report CFD 2006-01 (Vintner's Grove) Re 1 su milted, . Gillison Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map RESOLUTION NO. Q 7 ~y~ P355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2006-01 (VINTNER'S GROVE) FOR FISCAL YEAR 2007-2008 Recitals WHEREAS, by its Resolution No. 06-322, adopted on October 18, 2006, the City Council of the City of Rancho Cucamonga, California (the "City CounciP'), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 533] 1 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2006-01 (the "District"); and WHEREAS, at an election held on October 18, 2006, the qualified electors unanimously approved the levy of a special tax (the "Special Tax"); and WHEREAS, by its Ordinance No. 769 (the "Ordinance"), adopted on November 1, 2006 the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on January 25, 2007, the District delivered its $5,800,000 City of Rancho Cucamonga Community Facilities District No. 2006-01 Special Tax Bonds (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of January Ol, 2007 by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal yeaz, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Yeaz 2007- 2008 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Yeaz 2007-2008 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2007-2008 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Yeaz 2007-2008 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference P356 SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. ~ Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax. reference is made to the attached Exhibit "A". SECTION 8:. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P357 PASSED, APPROVED, and ADOPTED this day of June 2007. Donald J. Kurth, M.D, 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 Counci] of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, P358 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-O1 (VINTNER'S GROVE) EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within CFD No. 2006-01 shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE The Maximum Special Tax for each Assessor's Parcel of Residential Property shall be based on the Residential Floor Area of the dwelling unit(s) located on such Assessor's Parcel. The Maximum Special Tax for each Assessor's Parcel of Non-Residential Property shall be based on the Acreage of such 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 is as follows: 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table 1. P359 TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2006-O1 ~#+(,F~IC Rpy ~Land,Use ~~-~Class~.~t ..~ •-_ .K,,., ~ ~'yh--.~~,'X~~'.&~HWh'-taF~~ v`1.Tb 'YnP~f~ ~ ti a ~ ^~ ~ ~ , _~ ~, >^ t`'~=~"~'`'' ~..D s riptton`~~=~~ #k~ , _~ _.~ _ :s:s ,. _~...~,:; r. _ .,~ ll.~~ '1~Ssy*~`",~'Y~ryt~. ~[Al'~' ~RestdenGal Floor,._~~ ~~s }_~~,~,ra ~~^;F~ ~ ri~y_~~k .cA lea . Ft„d ~~y'AA~ YM' f'~~ ~<,,, Maxlmum~ r ~ K c -, ~•>Spec~a6.Tax.r ~. 1 Single Family Detached Property More than 2,900 SF $3,687 per unit 2 Single Family Detached Property 2,601 - 2,900 SF $3,379 per unit 3 Single Family Detached Property 2,301 - 2,600 SF $3;244 per unit q Single Family Detached Property Less than 2,301 SF $3,109 per unit 5 Single Family Attached Property More than 1,850 SF $2,774 per unit 6 Single Family Attached Property 1,601 - 1,850 SF $2,678 per unit 7 Single Family Attached Property 1,351 - 1,600 SF $2,501 per unit 8 Single Family Attached Property Less than 1,351 SF $2,324 per unit 9 Non-Residential Property NA $49,234 per Acre (b) 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 such an Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Pazcel. 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, or equivalent entitlement, designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Pazcel. 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 (a) Maximum Special Tax The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $54,668 per Acre. P360 A. SPECIAL TAX BUYDOWN All of the requirements of this Section D, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section D, shall only apply after the issuance of the first series of CFD No. 2006- 01 Bonds. Prior to the issuance of the first series of CFD No. 2006-01 Bonds, the terms of the Special Tax Buydown shall not apply. The following additional definitions apply to this Section A: "Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has met the Special Tax Buydown Requirement for such property as calculated under this Section A. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal of a request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid in order to permit the issuance of building permits listed in a request for Letter of Compliance, as calculated under this Section A. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section A, Update Property shall be taxed as if it were already Developed Property during the current Fiscal Year. 1. Request for Letter of Compliance After the issuance of the first series of CFD No. 2006-01 Bonds, a property owner shall, as a precondition to the issuance of a building permit for construction of any residential and/or non-residential development for a specific Assessor's Parcel or lot, submit a Letter of Compliance for the construction of the development on such Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits for which the property owner is requesting a Letter of Compliance, which may exceed the number of building permit issuances being applied for at that time. The property owner shall also submit the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential parcel) associated with each prospective building permit. P361 2. Issuance of Letter of Compliance Upon the receipt of a request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes 1 through 9 as listed in Table 2 below based on the type of use and, if applicable, the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, plus those building permits previously issued for each Land Use Class, will not cause the total number of residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2006-01 shall not be less than 156 and the amount of non-residential Acreage will not be more than 0.0 Acres, then a Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator approving the issuance of the requested building permits for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. This Letter of Compliance shall be submitted to the City and/or property o~imer by the CFD Administrator within ten days of the submittal of the request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may cause a decrease in the number of residential dwelling units within CFD No. 2006-01 to below 156 residential dwelling units or an increase in the amount ofnon-residential Acreage to above 0.0 Acres, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. The number of residential dwelling units and non-residential Acreage, as listed in Table 2 below, may be updated by the CFD Administrator prior to the issuance of the first series of CFD No. 2006-01 Bonds. TABLE 2 Expected Residential Dwelling Units per Land Use Class and Non-Residential Acreage Community Facilities District No. 2006-01 ~ , ~ o- ~ ¢ t ~ a Land Use ,, ~ ~. ~ .~ ~- ~~ ~ ~ ~ , ~ x ~ `1 ; ?' r ' ( Number of ~ - rr~; t Class~~ ~ ~ s ~ } Descr~pt~on`~ .; ~ ~ ~ ~ ,~ s x Resident-al FlooraArea'': ! , ~ 'e'Unrts/Acr es'~`:' s ~ , 4 A ~ ~~ , a . . ~ : G..__ ~a: 1 Single Family Detached Property More than 2,900 SF 22 units 2 Single Family Detached Property 2.601 - 2,900 SF 28 units 3 Single Family Detached Property 2,301 - 2,600 SF 0 units q Single Family Detached Property Less than 2,301 SF 28 units P362 3'y 1`. *. ,~'. i ~. } -. k i t, F• ~ ~, .... ° i ~ 4 -aY " '~ ~( ~ it !i` 'J t !.1{+.. .1- 5 xi r a^ f rf .~.. mss- ` ; `'` 1 lw :3 lr 1 t mbe of N Land Use ~ -, ,,z f, h f ~` ; s ~ ,,',, ~`~ ~ ti r w u ~ -. l ' . Descript on ~ Area Res~dent~alFloor ts/Acres S Un ass, ~ kC i ,_, ~ _, ~, ~ , , i 5 Single Family Attached Property More than 1,850 SF 26 units 6 Single Family Attached Property 1,601 - 1,850 SF 26 units 7 Single Family Attached Property 1,351 - 1,600 SF 0 units 8 Single Family Attached Property Less than 1,351 SF 26 units 9 Non-Residential Property NA 0.00 Acres 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as determined by the CFD Administrator pursuant to paragraph 2 above, the CFD Administrator shall review the current development plan for CFD No. 2006-01 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2006-01, and shall prepare an updated version of Table 2 identifying the revised number of residential dwelling units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that result from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the request for Letter of Compliance to assure the CFD's ability to levy special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus Administrative Expenses. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step 1. Compute the sum of the Maximum Special Tax authorized to be levied on all Developed Property and Update Property within CFD No. 2006- Ol,plus the sum of the Maximum Special Tax authorized to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstanding Bonds, plus any other payments included in the Special Tax Requirement. Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be P363 issued by the CFD Administrator for all of the building permits currently being requested. If the total sum computed pursuant to step 1 is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step 1 from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section A, with the following exceptions: (i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 of the prepayment formula described in Section I shall equal the product of the quotient computed pursuant to step 4 above times the Previously Issued Bonds, -as defined in Section I; (iii) the Capitalized Interest Credit described in Paragraph 12 of Section I shall be $0; and (iv) any payments of the Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Fiscal Agent Agreement. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the request for Letter of Compliance and shall be due within 30 days of the billing date. If the Special Tax Buydown is not paid within 45 days of the billing date, a delinquent penalty of ] 0 percent shall be added to the Special Tax Buydown. Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section D. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. P364 B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to ] 00% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property and Taxable Property 0~3mer Association Property at up to the Maximum Special Tax for Taxable Public Properly and Taxable Property Owner Association Property; Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two and three above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2006-01 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2006-01 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-01. C. EXEMPTIONS No Special Tax shall be levied on up to 11.0 Acres of Public Property and/or Property Owner Association Property. 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 under this section shall be subject to the levy of the Special Tax and shall P365 be taxed Proportionately as part of the third step in Section E above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property. D. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Pazcel is in error may submit a written appeal to CFD No. 2006-01. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. No refunds shall be given in the current Fiscal Year. The Council may interpret this 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. E. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valore»: property taxes; provided, however, that CFD No. 2006-01 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. F. PREPAYMENT OF SPECIAL TAX The following additional definition applies to this Section F: "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Fiscal Agent Agreement afrer the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Pazcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2006-01 may only be prepaid afrer all authorized CFD No. 2006-01 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2006-01 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Pazcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particulaz Assessor's Pazcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Pazcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 P366 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2006-01 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Special Tax 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 vitalized Interest Credit Total: equals Special Tax Prepayment Amount As of the proposed date of prepayment, the Special Tax Prepayment Amount shall be calculated as follows: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Pazcels of Undeveloped Property for which building permits have already been issued, compute the Maximum .Special Tax 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. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2006-01 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in CFD No. 2006- 01 (as reasonably determined by the CFD Administrator), excluding any Assessor's Parcels which have been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption An:oura"). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 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 P367 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 Yeaz Special Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Pazcel in the current Fiscal Year that have not yet been paid. 8. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax Prepayment Amount less the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to, pazagraph 8 (the "Defeasance Amount'. ] 0. The administrative fees and expenses of CFD No. 2006-01 aze 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 CFD No. 2006-01 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees a~ad Expenses"). 11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Fiscal Agent Agreement), 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 Fiscal Agent Agreement) 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 defined in the Fiscal Agent Agreement). 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 quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). P368 13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to pazagraphs 4, 5, 9, and 10, less the amounts computed pursuant to pazagraphs I1 and 12 (the "Special Tax Prepayment Amount"). From the Special Tax Prepayment Amount, the amounts computed pursuant to pazagraphs 4; 5, 9, 10, 11 and 12 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006-01 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established uhder the Fiscal Agent Agreement to be used with the next prepayment of CFD No. 2006-01 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Yeaz's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in accordance with this Section I, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Pazcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2006-01 (after excluding 11.0 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and afer the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times the maximum annual debt service on all Outstanding Bonds. G. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty yeazs commencing with Fiscal Year 2006-07, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-01 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. P369 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT N0.2006-O1 (VINTNER'S GROVE) EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within CFD No. 2006-01 shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE The Maximum Special Tax for each Assessor's Parcel of Residential Property shall be based on the Residential Floor Area of the dwelling unit(s) located on such Assessor's Parcel. The Maximum Special Tax for each Assessor's Parcel of Non-Residential Property shall be based on the Acreage of such 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 is as follows: 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table 1. P370 TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2006-O1 Land Use Class Description Residential Floor Area Maximum' Special Tax 1 Single Family Detached Property More than 2,900 SF $3,687 per unit 2 Single Family Detached Property 2,601 - 2,900 SF $3,379 per unit 3 Single Family Detached Property 2,301 - 2,600 SF $3,244 per unit q Single Family Detached Property Less than 2,301 SF $3,109 per unit 5 Single Family Attached Property More than 1,850 SF $2,774 per unit 6 Single Family Attached Property 1,601 - 1,850 SF $2,678 per unit 7 Single Family Attached Property 1,351 - 1,600 SF $2,501 per unit 8 Single Family Attached Property Less than 1,351 SF $2,324 per unit 9 Non-Residential Property NA $49,234 per Acre (b) Multiple Land Use Classes In some instances _an Assessor's Pazcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on such 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 Residential Property and Non-Residential Property, the Acreage of such Assessor's Pazcel shall be allocated to each type of property based on the amount of Acreage, or equivalent entitlement, designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Pazcel. 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 The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $54,668 per Acre. P371 A. SPECIAL TAX BUYDOWN All of the requirements of this Section D, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section D, shall only apply after the issuance of the first series of CFD No. 2006- 01 Bonds. Prior to the issuance of the first series of CFD No.•2006-01 Bonds, the terms of the Special Tax Buydown shall not apply. The following additional definitions apply to this Section A: "Certificate of Satisfaction of Special Tax Buydowu" means a certificate from the CFD Administrator stating that the property described in such certificate has met the Special Tax Buydown Requirement for such property as calculated under this Section A. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal of a request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid in order to permit the issuance of building permits listed in a request for Letter of Compliance, as calculated under this Section A. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section A, Update Property shall be taxed as if it were already Developed Property during the current Fiscal Year. 1. Request for Letter of Compliance After the issuance of the first series of CFD No. 2006-01 Bonds, a property owner shall, as a precondition to the issuance of a building permit for construction of any residential and/or non-residential development for a specific Assessor's Pazcel or lot, submit a Letter of Compliance for the construction of the development on such Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits for which the property owner is requesting a Letter of Compliance, which may exceed the number of building permit issuances being applied for at that time. The property owner shall also submit the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential pazcel) associated with each prospective building permit. P372 2. Issuance of Letter of Compliance Upon the receipt of a request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes 1 through 9 as listed in Table 2 below based on the type of use and, if applicable, the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each .Land Use Class, plus those building permits previously issued for each Land Use Class, will not cause the total number of residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2006-O1 shall not be less than 156 and the amount of non-residential Acreage will not be more than 0.0 Acres, then a Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator approving the issuance of the requested building permits for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. This Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator within ten days of the submittal of the request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total 'number of residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may cause a decrease in the number of residential dwelling units within CFD No. 2006-01 to below 156 residential dwelling units or an increase in the amount ofnon-residential Acreage to above 0.0 Acres, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. The number of residential dwelling uriits and non-residential Acreage, as listed in 'Table 2 below, may be updated by the CFD Administrator prior to the issuance of the first series of CFD No. 2006-01 Bonds. TABLE 2 Expected Residential Dwelling Units per Land Use Class and Non-Residential Acreage Community Facilities District No. 2006-O1 Land Uses ,,~ , ~ ~. a ~ ' ' <r Number of '. ' ass ?~~ ; ; Descri't-ons r p ~ ,f Resrdeutial Floor Area ' Units/Acres , ~ 1 Single Family Detached Property More than 2,900 SF 22 units 2 Single Family Detached Property 2,601 - 2,900 SF 28 units 3 Single Family Detached Property 2,301 - 2,600 SF 0 units q Single Family Detached Property Less than 2,301 SF 28 units P373 Land~Use ~' Class' Description . ~. :Residential Floor Area ~ Numtier of -Units/Acres 5 Single Family Attached Property More than 1,850 SF 26 units 6 Single Family Attached Property 1,601 - 1,850 SF 26 units 7 Single Family Attached Property 1,351 - 1,600 SF 0 units 8 Single Family Attached Property Less than 1,351 SF 26 units 9 Non-Residential Property NA 0.00 Acres 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as determined by the CFD Administrator pursuant to paragraph 2 above, the CFD Administrator shall review the current development plan for CFD No. 2006-01 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2006-01, and shall prepare an updated version of Table 2 identifying the revised number of residential dwelling units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that result from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the request for Letter of Compliance to assure the CFD's ability to levy special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus Administrative Expenses. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step 1. Compute the sum of the Maximum Special Tax authorized to be levied on all Developed Property and Update Property within CFD No. 2006- Ol,plus the sum of the Maximum Special Tax authorized to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstanding Bonds, plus any other payments included in the Special Tax Requirement. Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be P374 issued by the CFD Administrator for all of the building permits currently being requested. If the total sum computed pursuant to step 1 is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step 1 from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section A, with the following exceptions: (i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 of the prepayment formula described in Section I shall equal the product of the quotient computed pursuant to step 4 above times the Previously Issued Bonds, as defined in Section I; (iii) the Capitalized Interest Credit described in Paragraph 12 of Section I shall be $0; and (iv) any payments of the Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Fiscal Agent Agreement. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the request for Letter of Compliance and shall be due within 30 days of the billing date. If the Special Tax Buydown is not paid within 45 days of the billing date, a delinquent penalty of 10 percent shall be added to the Special Tax Buydown. Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Specia] Tax Buydown, issue Letters of Compliance or any other actions required under Section D. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. P375 B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies aze needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax 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 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 Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two and three above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2006-01 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2006-O1 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-O1. C. No Special Tax shall be levied on up to 1.1.0 Acres of Public Property and/or Property Owner Association Property. Tax-exempt status will be assigned by the CFD Administrator im 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 under this section shall be subject to the levy of the Special Tax and shall P376 be taxed Proportionately as part of the third step in Section E above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property. D. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Pazcel is in error may submit a written appeal to CFD No. 2006-01. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. No refunds shall be given in the current Fiscal Year. The Council may interpret this 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. E. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006-O1 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. F. PREPAYMENT OF SPECIAL TAX The following additional definition applies to this Section F: "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Fiscal Agent Agreement after the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2006-01 may only be prepaid after all authorized CFD No. 2006-01 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2006-O1 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax maybe permanently satisfied as described herein, provided that a prepayment may be made with respect to a particulaz Assessor's Parcel only if there aze no delinquent Special Taxes with respect to such Assessor's Pazcel at the time of prepayment. An owner of an Assessor's Pazcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 P377 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2006-01 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond F plus plus plus less less Total: equals :edemption Amount Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Canitalized Interest Credit Special Tax Prepayment Amount As of the proposed date of prepayment, the Special Tax Prepayment Amount shall be calculated as follows: Paza~raph No.: 1. Confine that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Pazcels of Developed Property, compute the Maximum Special Tax for the Assessor's Pazcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax 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. Divide the Maximum Special Tax computed pursuant to pazagraph 2 by the estimated Maximum Special Taxes for CFD No. 2006-01 based on the Developed Property Special Taxes which could be charged in the current Fiscal Yeaz on all expected development in CFD No. 2006- 01 (as reasonably determined by the CFD Administrator), excluding any Assessor's Parcels which have been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bo~:d Redemption Amount"). 5. Multiply the Bond Redemption Amount computed pursuant to pazagraph 4 by the applicab]e redemption premium (e.g., the redemption price - 100%), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium"). P378 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 Yeaz Special Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year that have not yet been paid. 8. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax Prepayment Amount less the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasmtce Amount'. 10. The administrative fees and expenses of CFD No. 2006-01 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 CFD No. 2006-01 Bonds, and the costs of recording any notices to evidence the. prepayment and the redemption (the "Administrative Fees and Expenses"). 11.. The reserve fund credit (the "Reserve Furid Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Fiscal Agent Agreement), 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 Fiscal Agent Agreement) 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 defined in the Fiscal Agent Agreement). 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 quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such First interest and/or principal payment (the "Capitalized Interest Credit"). P379 13. The Special Tax 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 "Special Tax Prepayment Amount"). From the Special Tax Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 10, 11 and 12 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006-01 Bonds.- In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to be used with the next prepayment of CFD No. 2006-01 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in accordance with this Section I, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that maybe levied on Taxable Property within CFD No. 2006-O1 (after excluding 11.0 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times the maximum annual debt service on all Outstanding Bonds. G. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2006-07, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-01 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. P380 N t~ ~ d O '^ C N O ~ o N ~ ~ •-r E o J C ~ ~ •Ir d U U y rn ~,~ ~ 1 ~ J , o ~ ~ J m o _ d ~ 1 m o 0 ~ m ~ ~ Q V i .~ ny lse3 in i I L v ,~ j ny epuern!3 ny epuen~!33 '~ i C i ~ i ~ P^19 ~aa1~ ep I................., I V ny lalsayooa ny lalsayooa ,~. ny ua~!II!W i ._•_•_•_ _ ny ua~l!II!W i i i i ny uaneHi ny uaneH i ny esowlaHi ny esowlaH i ^d Pleq!4o1b'i ^d Ple4!yo1'd i ny uewllaH ny uewpaH~ r• in i P• i ny pleRau!~ i 3S uepawe~i zRie~;g:z;QBA`sY .~.~ '•I 0_' ~.~.1'~ At/anO1~ ~src a€s 8a'aFq~ppn j N "O E'So`op~ogEW:a~gg` ~F~C 8m ~~°.e • L.. ~• .~•~.~' ~ N = O N @vp &ygf cE. l:E2AaE ~ O Q € e'E ~.seA 0-' C [D O lea"e€aE mY,%32`~m=.fl ~ C ~ ~0~E3ae 3~°.E~p p'F~oa~ m ~~syy~A&~~F~Ee~ $~c~ ~s~ ~~Y@~FB~iE~~o~g ~aa~s€$P:~E~~Sz P381 ~~rl" a~~' ,, ~. T ~H E C I T Y O F ' .. .. .. ..~. _.. ~-~ ,,.. _... ,., . r. . R A N C U O C U C A M O N G A s~a$'xeprnt DATE: June 6, 2007 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUB:IF.CI': APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO.2006-02 (AMADOR ON ROUTE 66) RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2006-02 (Amador on Route 66). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to .pay debt service on the bonds. BACKGROUND/ANALYSIS On October 18, 2006, an election was held and the property owners within the boundary of Community Facilities District No. 2006-02 authorized the District to incur bonded indebtedness in the principal amount of $2,980,000. On November 1, 2006, the City Council adopted Ordinance No. 770 approving the levy of the special tax, and on December 20, 2006 approved Resolution No. 06-402 authorizing the issuance of bonds. The District boundary is located on the north side of Foothill Boulevard and east of Etiwanda Avenue and west of East Avenue. Bonds were issued on January 25, 2007 to share in the provision of funds for the acquisition of street improvements, landscape improvements within the public right-of--way, and water and sewer improvements. This special tax shall be levied only so long as required for each parcel of taxab]e property to discharge bond obligations through the life of the bonds. P382 Page 2 June 6, 2007 City Council Staff Report CFD 2006-02 (Amador on Route 66) Respec b ' Jo lison Deputy City Manager/Administrative Services Attachments: Resolution Exhibit "A" Map `/ P383 RESOLUTION NO. D 7-~73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO _ CUCAMONGA, CALIFORNIA. RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2006-02 (AMADOR ON ROUTE 66) FOR FISCAL YEAR 2007-2008 Recitals WHEREAS; by its Resolution No. 06-327, adopted on October 18, 2006, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No, 2006-02 (the "District"); and WHEREAS, at an election held on October 18, 2006, the qualified electors unanimously approved the levy of a special tax (the "Special Tax"); and WHEREAS, by its Ordinance No. 770 (the "Ordinance"), adopted on November 1, 2006 the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on January 25, 2007, the District delivered its $2,980,000 City of Rancho Cucamonga Community Facilities District No. 2006-01 Special Tax Bonds (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of January O1, 2007 by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal yeaz, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Yeaz 2007- 2008 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest: and WHEREAS; the City Council intends to levy the Special Tax for Fiscal Year 2007-2008 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2007-2008 by City staff. NOW THEREFORE, ]T IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Yeaz 2007-2008 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference P384 SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in, collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P385 PASSED, APPROVED, and ADOPTED this day of June 2007. Donald J. Kurth, M.D., 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 the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California Debra J. Adams, CMC, P386 Resolution No. Page CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2006-02 (AMADOR ON ROUTE 66) EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within CFD No. 2006-02 shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE The Maximum Special Tax for each Assessor's Parcel of Residential Property shall be based on the Residential Floor Area of the dwelling unit(s) located on such Assessor's Parcel. The Maximum Special Tax for each Assessor's Parcel of Non-Residential Property shall be based on the Acreage of such Assessor's Pazcel. The Maximum Special Tax for any Assessor's Parcel of Developed Property containing more than one Land Use Class shall be determined is as follows: MAXIMUM SPECIAL TAX I. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Pazcel classified as Developed Property is shown below in Table 1. P387 TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2006-02 .~T .S°.~'~ ~•"k1~ `Land Use,i jl,.~ R ~ su ` o~,., k Class~~ bet t~ #e Y~T4£~~Z -e~~.JYh~ f ~ `5'i .wP ~~ a ,~ ~ -~E4k „may'--~ ~ ~- j ~a n ~ y li ~c..-=i~•°.~,s ~ y~y~c~1 d it ~r -cfi s'~S ~f.~ t3f^a..f~~.o ._:..» «.a".`~i.~ ~ Descr~pt~ont s y''~ .?~.~ ~~~,~-~."`~.i-Ay'n+?; ¢ ~7t n~ 1 '~3Res~dential~Floor ~ " r 'P.±°` ,,,y~~cv~!' ~s r ~7 `14n?~r.C `a~_"'hGV t'S a'~k~'~ ay~~'*; t~~Areanmr.,=.~~ i.~4Y~ ~I~~ .^li' FAA ~'}~~~ t~{.'A -~Max~mum~'r~*' `F ~.. s3 ~'.r] } 3~t ~ `u~"'k. '`~4 5 .,i~xSpecral5Tax':: 1 Residential Property More than 1,850 SF $2,816 per unit 2 Residential Property 1,601 - 1,850 SF $2,697 per unit 3 Residential Property 1,351 - 1,600 SF $2,469 per unit 4 Residential Property Less than 1,351 SF $2,241 per unit 5 Non-Residential Property NA $64,747 per Acre (b) 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 such an Assessor's Pazcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Pazcel. For an Assessor's Pazcel 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, or equivalent entitlement, designated for each land use as determined by reference to the site plan approved by the City 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 The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $71,889 per Acre. A. SPECIAL TAX BUYDOWN All of the requirements of this Section A, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section A, shall only apply afrer the issuance of the first series of CFD No. 2006- P388 02 Bonds. Prior to the issuance of the first series of CFD No. 2006-02 Bonds, the terms of the Special Tax Buydown shall not apply. The following additional definitions apply to this Section A: "Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has met the Special Tax Buydown Requirement for such property as calculated under this Section A. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal of a request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid in order to permit the issuance of building permits listed in a request for Letter of Compliance, as calculated under this Section A. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section A, Update Property shall be taxed as if it were already Developed Property during the current Fiscal Yeaz. 1. Request for Letter of Compliance After the issuance of the first series of CFD_No. 2006-02 Bonds, a property owner shall, as a precondition to the issuance of a building permit for construction of any residential and/or non-residential development for a specific Assessor's Pazcel or lot, submit a Letter of Compliance for the construction of the development on such Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits for which the property owner is requesting a Letter of Compliance, which may exceed the number of building permit issuances being applied for at that time. The property owner shall also submit the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential pazcel) associated with each prospective building permit. 2. Issuance of Letter of Compliance Upon the receipt of a request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes 1 through 5 as listed in Table 2 below based on the type of use and; if applicable, the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, P389 plus those building permits previously issued for each Land Use Class, will not cause the total number of residential dwelling units or non-residential Acreage within any such~Land Use Class to exceed the number of residential dwelling units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 20,06-02 shall not be less than 99 and the amount of non-residential Acreage will not be more than 0.0 Acres, then a Letter of Compliance shall be submitted to the City and/or property owrier by the CFD Administrator approving the issuance of the requested building permits for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown..This Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator within ten days of the submittal of the request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential dwelling units or non-residential Acreage within any such Land Use Class to~exceed the number of residential dwelling units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may cause a decrease in the number of residential dwelling units within CFD No. 2006-02 to below 99 residential dwelling units or an increase in the amount ofnon-residential Acreage to above 0.0 Acres, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. The number of residential dwelling units and non-residential Acreage, as listed in Table 2 below, may be updated by the CFD Administrator prior to the issuance of the first series of CFD No. 2006-02 Bonds. TABLE 2 Expected Residential Dwelling Units per Land Use Class and Non-Residential Acreage Community Facilities District No. 2006-02" L"and Use Class: ' _,.. ;, .. Description' ..' ,~ 4 ; ~ ., 'Residentiat.Floor Area Number of.:, Units/Acres 1 Residential Property More than 1,850 SF 33 units 2 Residential Property 1,601 -1,850 SF 33 units 3 Residential Property 1,351 - 1,600 SF 0 units q Residential Property Less than 1,351 SF 33 units 5 Non-Residential Property NA 0.00 Acres P390 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as determined by the CFD Administrator pursuant to paragraph 2 above, the CFD Administrator shall review the current development plan for CFD No. 2006-02 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2006-02, and shall prepare an updated version of Table 2 identifying the revised number of residential dwelling units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that result from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the request for Letter of Compliance to assure the CFD's ability to levy special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus Administrative Expenses. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step 1. Compute the sum of the Maximum Special Tax authorized to be levied on all Developed Property and Update Property within CFD No. 2006- 02, plus the sum of the Maximum Special Tax authorized to be levied on all future development as identified imthe current development plan as determined by the CFD Administrator in consultation with the property owner(s). Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstanding Bonds, plus any_other payments included inthe Special Tax Requirement. Step 3. If the total sum computed pursuant to step 1 is greater than or equal to _ the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be issued by the CFD Administrator for all of the building permits currently being requested. If the total sum computed pursuant to step 1 is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step 1 from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. P391 Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section A, with the following exceptions: (i) skip Pazagraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 of the prepayment formula described in Section I shall equal the product of the quotient computed pursuant to step 4 above times the Previously Issued Bonds, as defined in Section I; (iii) the Capitalized Interest Credit described in Paragraph 12 of Section I shall be $0; and (iv) any payments of the Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Fiscal Agent Agreement. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the request for Letter of Compliance and shall be due within 30 days of the billing date. If the Special Tax Buydown is not paid within 45 days of the billing date, a delinquent penalty of 10 percent shall be added to the Special Tax Buydown.. Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property and such subject property shall no longer be subject to the terms of the Special Tax Buydown. 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section A. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; P392 Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Pazcel of Taxable Public Property and Taxable Property Owner Association Property at up to the Maximum Special Tax 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 Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two and three above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2006-02 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2006-02 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CPD No. 2006-02. C. EXEMPTIONS No Special Tax shall be levied on up to 6.0 Acres of Public Property and/or Property Owner Association Property. 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 under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the third step in Section E above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property. D. 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. 2006-02. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. No refunds shall be given in the current Fiscal Year. The Council may interpret this Rate and Method of Apportionment for purposes of .clarifying any ambiguity and make determinations relative to the annual P393 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. E. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006-02 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessazy to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. F. PREPAYMENT OF SPECIAL TAX The following additional definition applies to this Section F: "Previously Issued Bonds" means, for any Fiscal Year, all Outstandirig Bonds that are deemed to be outstanding under the Fiscal Agent Agreement after the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2006-02 may only be prepaid after all authorized CFD No. 2006-02 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2006-02 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Pazcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2006-02 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond I plus plus plus less less Total: equals Zedemption Amount Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit _ Capitalized Interest Credit Special Tax Prepayment Amount P394 As of the proposed date of prepayment, the Special Tax Prepayment Amount shall be calculated as follows: Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Pazcels of Undeveloped Property for which building permits have already been .issued, compute the Maximum Special Tax 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. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2006-02 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in CFD No. 2006- 02 (as reasonably determined by the CFD Administrator), excluding any Assessor's Pazcels which have been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Band Redemptia: Amo:~nt"). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 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 Taxes until the eazliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Pazcel in the current Fiscal Yeaz that have not yet been paid. 8. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax Prepayment Amount less the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount'. P395 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount'. 10. The administrative fees and expenses of CFD No. 2006-02 aze 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 CFD No. 2006-02 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Fiscal Agent Agreement), 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 Fiscal Agent Agreement) 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 defined in the Fiscal Agent Agreement). 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 quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund afer such first interest and/or principal payment (the "Capitalized Interest CrediP'). 13. The Special Tax 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 "Special Tax Prepayment Amount"). ' From the Special Tax Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 9, 10, it and 12 shall be deposited into the appropriate fund as - established under the Fiscal Agent Agreement and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006-02 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the P396 Fiscal Agent Agreement to be used with the next prepayment of CFD No. 2006-02 Bonds or to make scheduled debt service payments on such bonds. . Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under pazagraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in accordance with this Section I, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Pazcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special• Tax prepayment shall be allowed unless, at the time of such proposed prepayment; the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2006-02 (after excluding 6.0 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times the maximum annual debt service on all Outstanding Bonds. G. TERM OF SPECIAL TAX The Special Tar- shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2006-07, provided however that Special Taxes will cease to be levied in an eazlier Fiscal Yeaz if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-02 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. P397 Resolution No. Page ' CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2006-02 (AMADOR ON ROUTE 66) EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within CFD No. 2006-02 shall be classified as Developed Property or Undeveloped Property, and shall be subject to the levy of Special Taxes in accordance with the rate and method of apportionment determined pursuant to the sections below. MAXIMUM SPECIAL TAX RATE The Maximum Special Tax for each Assessor's Parcel of Residential Property shall be based on the Residential Floor Area of the dwelling unit(s) located on such Assessor's Parcel. The Maximum Special Tax for each Assessor's Parcel of Non-Residential Property shall be based on the Acreage of such 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 is as follows: MAXIMUM SPECIAL TAX 1. Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table 1. P398 TABLE 1 Maximum Special Tax for Developed Property in .Community Facilities District No. 2006-02 Land Use Class - Description Residential Floor Area Maximum Special Tax 1 Residential Property More than 1,850 SF $2,816 per unit 2 Residential Property 1,601 -1,850 SF $2,697 per unit 3 Residential Property 1,351 -1,600 SF $2,469 per unit 4 Residential Property Less than 1,351 SF $2,241 per unit 5 Non-Residential Property NA $64,747 per Acre (b) 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 such 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 Pazcel 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, or equivalent entitlement, designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Pazcel. 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 The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $71,889 per Acre. A. SPECIAL TAX BUYDOWN All of the requirements of this Section A, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section A; shall only apply after the issuance of the first series of CFD No. 2006- P399 02 Bonds. Prior to the issuance of the first series of CFD No. 2006-02 Bonds, the terms of the Special Tax Buydown shall not apply. The following additional definitions apply to this Section A: "Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has met the Special Tax Buydown Requirement for such property as calculated under this Section A. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal of a request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid in order to permit the issuance of building permits listed in a request for Letter of Compliance, as calculated under this Section A. "Update Property" means an Assessor's Pazcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section A, Update Property shall be taxed as if it were already Developed Property during the current Fiscal Year. I. Request for Letter of Compliauce After the issuance of the first series of CFD No. 2006-02 Bonds, a property owner shall, as a precondition to the issuance of a building permit for construction of any residential and/or non-residential development for a specific Assessor's Pazcel or lot, submit a Letter of Compliance for the construction of the development on such Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits for which the property owner is requesting a Letter of Compliance, which may exceed the number of building permit issuances being applied for at that time. The property owner shall also submit the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential parcel) associated with each prospective building permit. 2. Issuance of Letter of Compliance Upon the receipt of a request for a Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes 1 through 5 as listed in Table 2 below based on the type of use and, if applicable, the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, P400 plus those building permits previously issued for each Land Use Class, will not cause the total number of'residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2006-02 shall not be less than 99 and the amount of non-residential Acreage will not be more than 0.0 Acres, then a Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator approving the issuance of the requested building permits for the subject property, and such subject property shall no longer be subject to the terms of the Special Tax Buydown. This Letter of Compliance shall be submitted to the City and/or property owner by the CFD Administrator within ten days of the submittal of the request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential dwelling units or non-residential Acreage within any such Land Use Class to exceed the number of residential dwelling units or non-residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may cause a decrease in the number of residential dwelling units within CFD No. 2006-02 to below 99 residential dwelling units or an increase in the amount ofnon-residential Acreage to above 0.0 Acres, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. The number of residential dwelling units and non-residential Acreage, as listed in Table 2 below, may be updated by the CFD Administrator prior to the issuance of the first series of CFD No. 2006-02 Bonds. TABLE 2 Expected Residential Dwelling Units per Land Use Class and Non-Residential -Acreage Community Facilities District No. 2006-02 Land.Use Class ~....:;,, ;; ~ Description . .. .. , .:, ..,;: Residential Floor~Area Number of. .. Units/Acres 1 Residential Property More than 1,850 SF 33 units 2 Residential Property 1,601 - 1,850 SF 33 units 3 Residential Property 1,351 -1,600 SF 0 units q Residential Property Less than 1,351 SF 33 units 5 Non-Residential Property NA 0.00 Acres P401 3. Calculation of Special Tax Buydowu If a Special Tax Buydown calculation is required as.determined by the CFD Administrator pursuant to paragraph 2 above, the CFD Administrator shall review the current development plan for CFD No. 2006-02 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2006-02, and shall prepaze an updated version of Table 2 identifying the revised number of residential dwelling units or non-residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that result from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the request for Letter of Compliance to assure the CFD's ability to levy special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus Administrative Expenses. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step 1. Compute the sum of the Maximum Special Tax authorized to be levied on all Developed Property and Update Property within CFD No. 2006- 02, plus the sum of the Maximum Special Tax authorized to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstanding Bonds, plus any other payments included in the Special Tax Requirement. Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be required and a Letter of Compliance shall immediately be issued by the CFD Administrator for all of the building permits currently being requested. If the total sum computed pursuant to step 1 is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pursuant to step 1 from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. P402 Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section A, with the following exceptions: (i) skip Pazagraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 of the prepayment formula described in Section I shall equal the product of the quotient computed pursuant to step 4 above times the Previously Issued Bonds, as defined in Section I; (iii) the Capitalized Interest Credit described in Pazagraph 12 of Section I shall be $0; and (iv) any payments of the Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pursuant to the Fiscal Agent Agreement. The Special Tax Buydown computed under step 5 shall be bil]ed directly to.the property owner of each Assessor's Parcel identified in the request for Letter of Compliance and shall be due within 30 days of the billing date. If the Special Tax Buydown is not paid within 45 days of the billing date, a delinquent penalty of 10 percent shall be added to the Special Tax Buydown. Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property and such subject property shall no longer be subject to the terms of the Special Tax Buydown. 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section A. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. B. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax. until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Yeaz as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Maximum Special Tax; Second: If additional monies aze needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; P403 Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax 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 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 Maximum Special Tax in step one (above), when (i) the Council is no longer required to levy the Special Tax pursuant to steps two and three above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2006-02 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2006-02 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-02. C. EXEMPTIONS No Special Tax shall be levied on up to 6.0 Acres of Public Property and/or Property Owner Association Property. 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 under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the third step in Section E above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property and Taxable Property Owner Association Property. D. 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. 2006-02. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified through an adjustment to the Special Tax levy in the following Fiscal Year. No refunds shall be given in the current Fiscal Year. The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual P404 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. E. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006-02 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. F. PREPAYMENT OF SPECIAL TAX The following additional definition applies to this Section F: "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Fiscal Agent Agreement after the first interest and/or principal payment date following the current Fiscal Yeaz. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Pazcel in CFD No. 2006-02 may only be prepaid after all authorized CFD No. 2006-02 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2006-02 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particulaz Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the,CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2006-02 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Special Tax 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 Canitalized Interest Credit Total: equals Special Tax Prepayment Amount P405 As of the proposed date of prepayment, the Special Tax Prepayment Amount shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Pazcels of Developed Property, compute the Maximum Special Tax 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 Maximum Special Tax 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. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2006-02 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in CFD No. 2006- 02 (as reasonably determined by the CFD Administrator), excluding any Assessor's Pazcels which have been prepaid; and 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amo:mt"). 5. Multiply the Bond Redemption Amount computed pursuant to pazagraph 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 Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year that have not yet been paid. 8. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax Prepayment Amount less the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. P406 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to pazagraph 8 (the "Defeasance Amount'. 10. The administrative fees and expenses of CFD No. 2006-02 aze 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 CFD No. 2006-02 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser o£ (a) the expected reduction in the reserve requirement (as defined in the Fiscal Agent Agreement), 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 Fiscal Agent Agreement) 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 shalt 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 defined in the Fiscal Agent Agreement). 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 Yeaz, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 13. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9, and 10, less the amounts computed pursuant to pazagraphs 11 and 12 (the "Special Tax Prepavment Amount"). From the Special Tax Prepayment Amount, the amounts computed pursuant to pazagraphs 4, 5, 9, 10, 1 I and 12 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006-02 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the P407 Fiscal Agent Agreement to be used with the next prepayment of CFD No. 2006-02 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in accordance with this Section I, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, acid the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that maybe levied on Taxable Property within CFD No. 2006-02 (after excluding 6.0 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.1'0 times the maximum annual debt service on all Outstanding Bonds. G. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2006-07, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-02 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. P408 N N °' O a 1~ W C N N N ~ ~ *.. V ~~ ~ J V ~' ~ . yr y U U y r-•-•-•-•-• ~ d3 w ~ ~ o ~ ~ y 1 J m o ! ~, = o! ~: m = 3 ~_ , i m o ° w (~ i ¢ ., ny Ise3 in (i 1 ~ t v ` ~4 ~ i ntJ epU6Ml) ny epuenn!13 . i •~ G i i ~ i 1 PM9 >laa~~ ed 1. . i ny ~alsayooa ny ~alsayooa V ,~. 1 ny ua>I!II!W i .-.-.-.- - ny ua>I!II!W i i i i ny uaneHi ny uaneH i ny esow~aHi ny esow~aH i e o~ n nH Ple4!4o~V. d Pl 4!4 d 1 1 i ny uewllaH ny uewllaH !' in i i ~ f~ i ny p~e~(au!~ i 1S uepawe~i ~°°~~~;e~sgsrer ~~~y=aY es ~~ A @ ~ gg 38 eA 1 p F ~ ,i• ~. 1 'I•~ = N ~ J m 3 g~rog paap ~ C. `e 3F~~ $83 F L ~Bfi~~ • • GG y $ y Y F N ~ ~ O m Q o~~r r? 9~~gn8~~g e O f g N N LL q &~Eg~~"'9 s g~EE Q~ = p~p y ~'~ C'S n~E~A~E F~ g " a`sa~yga~' 1 g ~ fls Y~~~9~_F 9pg s-=o FF1'}t'~'~d~35E 9~ ~ a° ~ ~~F A $~ € g ~@ 6 a 6 P409 StaffRepOrt DATE: June 6, 2007 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative Services BY: Ingrid Y. Bruce, GIS/Special Districts Manager SUB,IF.CI': APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2004-O1 (RANCHO ETIWANDA ESTATES) WITH NO INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution setting the annual special tax for the new Community Facilities District No. 2004-01 (Rancho Etiwanda Estates). Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, the City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current rate for fiscal year 2007/2008. BACKGROUND/ANALYSIS On September 15, 2004 an election was held and the property owners within the boundary of Community Facilities District No. 2004-01 authorized the district to incur bonded indebtedness in the maximum principal amount of $45,000,000. On October 6, 2004, the City Council adopted Ordinance No. 735 approving the levy of the special tax, and on June 7, 2006 approved Resolution No. 06-185 authorizing the issuance of bonds. The District was authorized to finance the following improvements: (a) Day Creek Boulevard - grading, storm drain, sewer, water, dry utilities, streets and landscaping; (b) Etiwanda Avenue -grading, sewer, water, dry utilities, streets and landscaping; (c) Cucamonga Valley Water District ("CVWD") reservoir transmission main; (d) storm drain facilities including the northern property line storm drain and the Etiwanda Avenue storm drain: (e) pazk facilities; (f) equestrian facilities; (g) school facilities to be owned by the Etiwanda School P410 Page 2 June 6, 2007 City Council Staff Report CFD 2004-O1 charges levied by CVWD; (i) flood control facilities to be owned by the San Bernardino County Flood Control District; and (j) open space to be owned by the County of San Bernardino. Bonds were issued on July 13, 2006 to share in the provision of funds for the acquisition and construction of certain public facilities, to serve property located within the District. This special tax shall be levied only so long as required for each parcel of taxable property to discharge bond obligations through the life of the bonds. Respec bmitted, John tllis Deputy City Manager/Administrative Services Attachments: Resolution Annual Status Report Map P411 RESOLUTION NO. D /-' ~y7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 2004-01 (RANCHO ETIWANDA ESTATES) FOR FISCAL YEAR 2007-2008 Recitals WHEREAS, by its Resolution No. 04-295, adopted on September I5, 2004, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "AcY') established City of Rancho Cucamonga Community Facilities District No. 2004- 01 (the "District"); and WHEREAS, at an election held on September I5, 2004, the qualified electors unanimously approved the levy of a special tax (the ``Special Tax"); and WHEREAS, by its Ordinance No. 735 (the "Ordinance"), adopted on October 06, 2004 the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on June 28, 2006, the District delivered its $43,545,000 City of Rancho Cucamonga Community Facilities District No. 2004-01 Special Tax Bonds (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of May O1, 2006 by and between the City and Wells Fargo Bank; National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Yeaz 2007- 2008 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2007-2008 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2007-2008 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount ofthe Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2007-2008 for the District is hereby determined and established as set forth Exhibit "A" to this Resolutioh, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as-set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on an}' outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Report SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. P412 P413 PASSED, APPROVED, and ADOPTED this day of June 2007. Donald J. Kurth, M.D., 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, Califomia, at a regular meeting of said City Council held on the day of June 2007. Executed this day of June 2007, at Rancho Cucamonga, California. Debra J. Adams, CMC, P414 Resolution No. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2004-O1 (RANCHO ETIWANDA ESTATES) EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2007/2008. CLASSIFICATION OF PARCELS Each Fiscal Year, all Taxable Property within CFD No. 2004-01 shall be 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 of apportionment determined pursuant to Sections C and E below. Residential Property shall be assigned to Land Use Classes 1 through 5 and Non-Residential Property shall be assigned to Land Use Class 6. 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. A. MAXIMUM SPECIAL TAX Developed Property (a) Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as Developed Property is shown below in Table 1. P415 TABLE 1 Maximum Special Tax for Developed Property in Community Facilities District No. 2004-O1 Land Use Class Description Residential Floor Area Maximum Special Tax 1 Residential Property more than 4,000 SF $5,555 per unit 2 Residential Property 3,801 - 4,000 SF $5,325 per unit 3 Residential Property 3,601 - 3,800 SF $5,151 per unit 4 Residential Property 3,400 - 3,600 SF $4,896 per unit 5 Residential Property less than 3,400 SF $4,410 per unit 6 Non-Residential Property NA $19,813 per Acre (a) 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 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. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property (a) Maximum Special Tax The Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $21,216 per Acre. P416 B. SPECIAL TAX BUYDOWN All of the requirements of this Section D, which describes the need for a Special Tax Buydown that may result from a change in development as determined pursuant to this Section D, shall only . apply after the sale of Bonds by CFD No. 2004-01. The following definitions apply to this Section: "Certificate of Satisfaction of Special Tax Buydown" means a certificate from the CFD Administrator stating that the property described in such certificate has sufficiently met the Special Tax Buydown Requirement for such property as calculated under. this Section. "Letter of Compliance" means a letter from the CFD Administrator allowing the issuance of building permits based on the prior submittal of a Request for Letter of Compliance by a property owner. "Special Tax Buydown Requirement" means the total amount of Special Tax Buydown necessary to be prepaid to permit the issuance of building permits listed in a Request for Letter of Compliance, as calculated under this Section D. ~ "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued. For purposes of all calculations in this Section D, Update Property shall be taxed as if it were already Developed Property during the current Fiscal Year. 1. Request for Letter of Compliance The CFD Administrator must submit a Letter of Compliance to the City for a specific Assessor's Parcel or lot prior to the issuance by the City of a building permit for the construction of any residential and/or non-residential development on that'Assessor's Parcel or lot. If a Letter of Compliance has not yet been issued, and a property owner wishes to request a building permit for an Assessor's Parcel or lot, the property owner must first request a Letter of Compliance from the CFD Administrator. The request from the property owner shall contain a list of all building permits currently being requested, the Assessor's Parcels or tract and lot numbers on which the construction is to take place, and the Residential Floor Area (for each residential dwelling unit) or the Acreage (for each non-residential.parcel) associated with each building permit. 2. Issuance of Letter of Compliance Upon the receipt of a Request for Letter of Compliance, the CFD Administrator shall assign each building permit identified in such request to Land Use Classes 1 through 6 as listed in Table 2 below, based' on the type of use and the Residential Floor Area identified for each such building permit. If the CFD Administrator determines (i) that the number of building permits requested for each Land Use Class, plus those building permits previously issued for each Land Use Class, will not cause [he total number of residential units or non-residential Acreage within any such Land Use Class to exceed the number of units or Acreage for such Land Use Class identified in Table 2 below, and (ii) that the total number of residential dwelling units anticipated to be constructed pursuant to the current development plan for CFD No. 2004-01 shall not be less than 632, then a Letter of Compliance shall be submitted to the City by [he CFD Administrator approving the issuance of the requested building permits. This Letter of Compliance shall be submitted to the City by the CFD Administrator within ten days of the submittal of the Request for Letter of Compliance by the property owner. However, should (i) the building permits requested, plus those previously issued, cause the total number of residential units or non- residential Acreage within any such Land Use Class to exceed the number of units or non- residential Acreage for such Land Use Class identified in Table 2 below, or (ii) the CFD Administrator determine that changes in the development plan may cause a decrease in the P417 number of residential dwelling units within CFD No. 2004-01 to below 632 dwelling units, then a Letter of Compliance will not be issued and the CFD Administrator will be directed to determine if a Special Tax Buydown shall be required. P418 TABLE 2 Expected Dwelling Units and Non-Residential Acreage per Land Use Class Community Facilities District No. 2004-O1 Land Use Class Description _ '. Residential Floor Area Number of Units/Acres 1 Residential Property more than 4,000 SF 70 units 2 Residential Property 3,801 - 4,000 SF 110 units 3 Residential Property 3,601 - 3,800 SF 185 units 4 Residential Property 3,401 - 3,600 SF 92 units 5 Residential Property less than 3,400 SF 175 units 6 Non-Residential Property NA 0.00 acres 3. Calculation of Special Tax Buydown If a Special Tax Buydown calculation is required as a result of item 2, above, the CFD Administrator shall review the current development plan for CFD No. 2004-01 in consultation with the current property owners for all remaining Undeveloped Property in CFD No. 2004-01, and shall prepare an updated version of Table 2 identifying the revised number of units or non- residential Acreage anticipated within each Land Use Class. The CFD Administrator shall not be responsible for any delays in preparing the updated Table 2 that result from a refusal on the part of one or more current property owners of Undeveloped Property to provide information on their future development. The CFD Administrator shall then review the updated Table 2 and determine the Special Tax Buydown Requirement, if any, to be applied to the property identified in the Request for Letter of Compliance to assure the CFD's ability to collect special taxes equal to 110% debt service coverage on the Outstanding Bonds, plus the cost of annual CFD administration. The calculations shall be undertaken by the CFD Administrator, based on the data in the updated Table 2, as follows: Step 1. Compute the sum of the Maximum Special Tax to be levied on all Developed Property and Update Property within CFD No. 2004-01, plus the sum of the Maximum Special Tax to be levied on all future development as identified in the current development plan as determined by the CFD Administrator in consultation with the property owner(s). Step 2. Determine the amount of Special Tax required to provide 110% debt service coverage on the Outstanding Bonds, plus any other costs associated with the Special Tax Requirement. Step 3. If the total sum computed pursuant to step 1 is greater than or equal to the amount computed pursuant to step 2, then no Special Tax Buydown will be P419 required and a Letter of Compliance shall immediately be issued by the CFD Administrator for all of the building permits currently being requested. If the total sum computed pursuant to step 1 is less than the amount computed pursuant to step 2, then continue to step 4. Step 4. Determine the Maximum Special Tax shortfall by subtracting the total sum computed pwsuant to step 1 from the amount computed pursuant to step 2. Divide this Maximum Special Tax shortfall by the amount computed pursuant to step 2. Step 5. The Special Tax Buydown Requirement shall be calculated using the prepayment formula described in Section I.1, with the following exceptions: (i) skip Paragraphs 1, 2 and 3, and begin with Paragraph 4; (ii) the Bond Redemption Amount in Paragraph 4 of the prepayment formula described in Section I.1 shall equal the product of the quotient computed pwsuant to step 4 above times the Previously Issued Bonds, as defined in Section I.1; (iii) the Capitalized Interest Credit described in Paragraph 1l of Section L1 shall be $0; and (iv) any payments of the Special Tax Buydown (less Administrative Fees and Expenses) shall be disbursed pwsuant to the Indenture. The Special Tax Buydown computed under step 5 shall be billed directly to the property owner of each Assessor's Parcel identified in the Request for Letter of Compliance and shall be due within 30 days of the billing date. If the Special Tax Buydown is not paid within 45 days of the billing date, a delinquent penalty of ]0 percent shall be added to the Special Tax Buydown. Upon receipt of the Special Tax Buydown payment, the CFD Administrator shall issue a Letter of Compliance and a Certificate of Satisfaction of Special Tax Buydown for the subject property. 4. Costs and Expenses Related to Implementation of Special Tax Buydown The property owner of each Assessor's Parcel identified in the Request for Letter of Compliance shall pay all costs of the CFD Administrator or other consultants required to review the application for building permits, calculate the Special Tax Buydown, issue Letters of Compliance or any other actions required under Section D. Such payments shall be due 30 days after receipt of invoice by such property owner. A deposit may be required by the CFD Administrator prior to undertaking work related to the Special Tax Buydown. C. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of [he applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax shall be levied Proportionately on each P420 Assessor's Parcel of Taxable Property Owner Association Property at up to the Maximum Special Tax for Taxable Property Owner Association Property; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property at up to the Maximum Special Tax for Taxable Public Property; Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Maximum Special Tax in step one (above), when (i) the Council is no longer required to lery the Special Tax pursuant to steps two through four above in order to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2004-01 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2004-01 Bonds (except refunding bonds) to be supported by the Special Tax. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2004-01. D. No Special Tax shall be levied on up to 78.75 Acres of Public Property and/or Property Owner Association Property. Tax-exempt status will be irrevocably 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 under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the third and fourth steps in Section E above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property or Taxable Property Owner Association Property. E. APPEALS AND INTERPRETATTONS 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. 2004-01. 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 of Special Tax 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. F. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004-01 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 do delinquent Assessor's Parcels as permitted by the Act. P421 G. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section: "Previously Issued Bonds" means, for any Fiscal Year, al] Outstanding Bonds that are deemed to be outstanding under the Indenture afer the first interest and/or principal payment date following the current Fiscal Year. Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2004-01 may only be prepaid after all authorized CFD No. 2004-01 Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2004-01 Bonds (except refunding bonds) to be supported by Special Taxes levied under this Amended and Restated Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption dale for the CFD No. 2004-01 Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond F plus plus plus less less :edemption Amount Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax 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 Maximum Special Tax 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. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for CFD No. 2004-01 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in CFD No. 2004-01, excluding any Assessor's Parcels which have been prepaid; and P422 4. Multiply the quotient computed pursuant to paragraph 3 by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid; and 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 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 Taxes until the earliest redemption date for the Previously Issued Bonds. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year that have 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 fces and expenses of CFD No. 2004-01 are as calculated by the CFD Administrator and include the costs of computation bf the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2004-01 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Adminis[rative Fees and Expenses"). 11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (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 defined in the Indentwe). 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 quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized bterest Credit"). 13. The Special Tax 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, 10,11 and 12 shall be deposited into the appropriate fund as established under the Indentwe and be used to redeem Previously Issued Bonds, as applicable, or make scheduled debt service payments or to pay administrative expenses related to the prepayment of the Special Tax. P423 The Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2004-01 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2004-01 Bonds or to make scheduled debt service payments on such bonds. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under'paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in full in accordance with this Section I., the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Specia] Tax prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 2004-01 (after excluding 78.75 Acres of Public Property and Property Owner Association Property as set forth in Section F) both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Previously Issued Bonds, plus the cost of annual CFD administration. H. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed fifty years commencing with Fiscal Year 2005-06, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2004-01 Bonds have been paid; and (ii) all Authorized Facilities have been constructed. 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EF~"E€Emy~$ ~°Eg p ~^a~8'~'~g oY ~~f$q STAFF REPORT CITY MANAGERS OFFICE Date: June 6, 2007 To: Mayor and Members of the City Council From: Jim Markman, City Attorne~ ~ ~~ Fabian Villenas, Management Analyst III Subject: Discussion of Regulations on Solicitors P425 =„ ~~~f~y. i ~^~ ~~ RANOHO C,UCAMONGA . At the May 2, 2007 meeting, Councilmember Rex Gutierrez requested that the issue of regulating door-to-door solicitors and storefront solicitors be placed on the City Council agenda. Attached for your reference is information previously prepared by the City Attorney's Office regarding solicitors and a cover memo dated April 11, 2007 that summarized the City Attorney's analysis. Attachment -Memo dated April 11, 2007 STAFF REPORT -- 6-6-07 DAIS MEMO Date: June 6, 2007 ~--~-!(,J-+ RANCHO To: Mayor and Members of the City Council CUCAMONGA Jack Lam, AICP, City Manager From: Mahdi Aluzri, Deputy City Manager/Community Development Kimberly S. Thomas, Management Analyst III, City Manager's Office Subjeetr DISCUSSION OF ANTI-SMOHING REGULATIONS - TO BE RESCHEDULED AT A LATER DATE We will be rescheduling the City Council discussion on updating the City's existing anti-smoking and tobacco regulations until a later time so that Mayor Kurth maybe present. submitted, Deputy Ci Manager Communi Development /.~Gyc~Yic~~~~~.s Kimberly ~/. Thomas Management AnalystTII City Manager's Office P426 MEMORANDUM CITY D4ANAGER'S OFFICE Date: April 11, 2007 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Fabian Villenas, Management Analyst III Subject: Regulation of Solicitation -\ ~~ .~, r !-( K~- RANCHO C,UCAMONGA Introduction At the March 7, 2007 City Council meeting, staff was asked to provide information regarding the City's options in regulating or limiting both storefront solicitation and door-to-door solicitation. The City Attorney's Office has prepared a legal analysis outlining the issues surrounding the regulation of solicitation. Below is a brief synopsis of the memo that summarizes the City's options limiting solicitation. Background The First Amendment protects certain forms of solicitation, including door-to-door solicitation of information, the distribution of written materials, and storefront solicitation. The courts, however, have attempted to reconcile the right to free speech with the interests of cities in protecting the public interest -preventing burglary, fraud, littering, and protecting privacy. The courts also distinguished that content-based regulations, or regulations based on the subject matter of the solicitation, are unconstitutional. In other words, cities may not use the government's enforcement power to restrict only certain categories of protected speech on behalf of residents. For example, a city cannot selectively prohibit commercial advertisements, while allowing political campaign materials or religious tracts. While content-based regulation is considered unconstitutional, content-neutral restrictions (restrictions not based on the subject matter of the solicitation) can be considered, but must be based on reasonable "time, place and manner" restrictions and so long as it does not refer to the ' content of the regulated speech, is narrowly tailored to serve a significant governmental interest (such as public safety or protecting privacy), and leaves open ample alternate channels for communication of information. Examples of "time, place, and manner" restrictions include limiting when solicitors can solicit (for example, door-to-door soliciting not allowed after 5 p.m.) or regulating the behavior of solicitors (restricting "aggressive" soliciting). Staff, along with the City Attorney's Office, is happy to further look into any of these issues, if the City Council so desires. It should be noted, however, that concerns that the City Manager's Office occasionally receives from a concerned individual regarding solicitation is not about a particular issue regarding solicitation, but rather about solicitation as a whole and how it should be outlawed completely, not just restricted. Conclusion The courts have always made it clear that content-based regulation of solicitation violates the First Amendment rights. Cities cannot selectively regulate certain groups, such as charitable organizations or commercial solicitation, unless the restriction is equally applied to everyone. So if P427 RBGULA'CION OF SOLICPTATION APitI1,11, ?007 PAGF 2 the City Council wants to restrict storefront soliciting or door-to-door soliciting, the restriction would inevitably include the local Girl Scout troops as well as political campaigning during election season. And while, the courts do allow certain "time, place, and manner' restrictions, these restrictions, which must be narrowly tailored to serve a significant governmental interest (such as public safety), may not satisfy those who simply don't like solicitors, regardless of when, where, and how they do it. Should the City Council wish to pursue restricting a certain aspect of solicitation, such as restricting hours or restricting aggressive solicitation, staff can work with the City Attorney's Office in identifying options for these or any other concerns that the City Council may have. The City Attorney's Office and City staff are happy to provide any further information or answer any questions the City Council may have. cc: City Manager's Office Staff Jim Markman, City Attorney Attachment: Memo from Richards, Watson, & Gershon P434 STAFF REPORT ~ ~ - Date: June 6, 2007 ~-'l_~ ~ RANCHO To: Mayor and Members of the City Council C,,UCAMONGA Jack Lam, AICP, City Manager From: Mahdi Aluzri, Deputy City Manager/Community Development Director Kimberly S. Thomas, Management Analyst III, City Manager's Office Subject: DISCUSSION OF ANTI-SMOKING REGULATIONS RECOMMENDATION It is recommended that the City Council discuss the suggestion to update the City's existing anti-smoking and tobacco regulations, and whether to consider additional regulations and enforcement over and above State provisions. BACKGROUND/ANALYSIS Per Mayor Kurth's recent request, Staff developed a basic update and survey focusing on two areas for future policy consideration: (1) Enhanced Regulations through LegaVOrdinance Updates and (2) Potential Increased Enforcement, related to tobacco products. Staff also reviewed the City's on-going activities including: training, public education, and outreach effort with newsletters; Public Service Announcements (PSA's), postings on RCTV 3, the City website, and outreach through the Police Department and Chamber of Commerce to help ensure the community is updated on anti-smoking/tobacco measures. Currently, the City's Ordinance meets, but does not exceed the State core regulations-prohibiting: • Smoking inside an enclosed place of employment • Public school students from smoking or using tobacco products while on campus • While attending school-sponsored activities • While under the supervision or control of school district employees • In playgrounds and tot lots • Within twenty feet (20 ft.) of the main entrances and exits of public buildings • Among other State provisions (refer to R. C.M.C. 8.21) Local Enforcement Currently Includes: • Police enforcement focuses on referrals and active enforcement of the Penal Code, in which it is unlawful for any person, fum, or corporation to sell, give, or in any way furnish to a minor any tobacco product or paraphernalia (Penal Code 308 (a)/308.1). • Code Enforcement response coordinates the enforcement of workplace anti-smoking laws (Labor Code Sec. 6404.5). Letters and communications to tobacco sellers and employers from Code Enforcement or other Police Department Crime Prevention Staff are provided. • Alcohol Beverage Control (ABC) Enforcement and the Stop Tobacco Access to Kids Enforcement (STAKE)-State Program, as well as San Bernardino County assist to varying degrees with monitoring the illegal sale of tobacco to minors. Consideration of Options for Additional Regulations and Enforcement: • Anti-smoking and tobacco regulations run the gamut from cutting-edge proposals to more moderate public health protection proposals. All types of regulations pose the potential problem of enforcement and resource allocation concerns. It should be noted that most cities rely on self- enforcement (facilitated by education and information efforts, such as signage). • As you will see from Staffls reseazch (see chart attached), there aze regulations that aim to limit tobacco use in enclosed and un-enclosed places in all areas except: private residential units, rooms for private hotels, and retail stores that deal exclusively in the sale of tobacco products and tobacco paraphernalia. There are also proposals to enhance the regulations of the disposal of tobacco product waste (including ashes), and enhanced licensing programs for sellers. P435 DISCUSSION OFANTI-SMOKING REGULATIONS P,~Gr 2 CONCLUSION Staff seeks direction from the Council on whether to continue the research and return with suggested additional regulations and enforcement above the State provisions for anti-smoking regulations. If the Council directs Staff to proceed with enhancements to the City's Ordinance, it is suggested that it would be considered in the context of promoting the "Healthy Communities Initiative." This could be part of a balanced phased plan over several years that would provide for education and coordination with key stakeholders. Mahdi uzn K mberly S~homas Deputy ity Manager Management Analyst III Commun ty Development Director City Manager's Office Attachment(s) - Summary Chart of Tobacco/Anti-Smoking Regulations-Initial Survey Results P436 DISCUSSION OF ANTI-SAIOICING REGULATIONS P,~cl 3 Below is a summary chart of cities from our recent survey. This summary notes cities that include all provisions of State law, and in additia», pravide reguiatians and/ar are considering providing reguiatians beyond State provisions. it}' t Parks/ Recreation Arens Outdoor Patios/ Restaurants/ Bar Areas or Private Restaurants/ Rars ports Arenas/ Stadiums kateboard Parks eaches/ Piers t t Outdoor Shopping/ Plaza/ Vendor/ public Events Areas i • Outdoor Lines/ Ticket Waiting Areas + i personal Elevators/ Escalators/ Entryways i iscellaneous Complete Prohibition with minor exceptions Anaheim X Belmont X Beverly Hills ~ X ' Burbank X Calabasas X X X X Claremont X Colton X Corona X Davis X X X X X X Fontana X X Grand Terrace X Huntington Beach X X Irvine X Laguna Beach X La una Hills X X X La una Nigel X Laguna Woods X X X Lake Forest X Los Alamitos X Los An eles X X Montclair X Moreno Valley X Newport Beach X X Ontario X X Palo Alto X X X Pasadena X X Pomona X Redlands X ~ X X X Riverside X San Bernardino County ~ X X San Clemente X San Die o X X San Francisco X X San Luis Obis o X X Santa Clarita Santa Monica X X X X X Seal Beach X X Sunnwale X X X X Temecula X X X Thousand Oaks X X Yucai a X Rancho Cucamonga Totoli~~'~,5'E's i~ai:4 a21 F7s7d~,°°1~'~`~n9 `'a°=f~%':"F8 'f".:~'fi7M.F"h.'dr4 ii:r?'.i c~O xz;k`Y°"•.^cYYa'.2 `i i'vk_",.?4"r5 ".~"ryi>9 ~"••."'oa, .."" rt '~'°t,rn.m.