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Home My WebLink About2008/10/01 - 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 15t and 3~d Wednesdays ~ 7:00 P.M. OCTOBER 1, 2008 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER CITY ATTORNEY ACTING CITY CLERK Jack Lam, AICP James L. Markman Kathryn L. Scott, CMC ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ........................ 7:00 P.M. 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 points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the 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 City's 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.uslwhatsnew.htm for those with Hi-bandwidth (DSL/Cable 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:llwww.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. A R GENCY, EDEVELOPMENT FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 1 j~ANCHo OCTOBER 1, 2008 CUCAMONGA A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER -TAPIR ROOM 1. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE 'i 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 GENERALLY LOCATED SOUTH OF 6T" STREET, EAST OF I-15 FREEWAY; GENERAL OUTDOOR ADVERTISING; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF PROPOSAL -RDA 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED SOUTH OF CHURCH STREET, EAST OF DAY CREEK BOULEVARD; AGS HOMEBUILDER I, LLC ;LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF PROPOSAL -RDA E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY AND CITY COUNCIL MEETINGS 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 _ OCTOBER 1, 2008 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 Michael Councilmembers Gutierrez, Spagnolo and Williams H. ANNOUNCEMENTS/PRESENTATIONS 1. City Council presentation of a Proclamation to the Planning Commission to declare the month of October as "National Community Planning Month." 2. Presentation of a Proclamation in recognition of "Fire Prevention Week" 3. Presentation of a Proclamation declaring the month of October as "Big Read Month," inviting the community to read "The Maltese Falcon" by Dashiell Hammett, and celebrate a month of mysteries. 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. (confinued on page 3) REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA OCTOBER 1, 2008 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. CONSENT CALENDAR -REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. 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: August 6, 2008 (Regular Meeting) 2. Approval of Check Register dated September 10 through September 23, 2008, for the total 1 amount of $5,139,462.63 3 3. Approval to adopt Annual Statement of Investment Policy. 4. Approval of a Resolution to supersede Resolution No. 86-01A which will amend the list of 21 officers who are authorized to participate in the Local Agency Investment Fund for the Rancho Cucamonga Redevelopment Agency. 22 RESOLUTION NO. RA 86-01 B A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE LIST OF OFFICERS WHO ARE AUTHORIZED TO ORDER THE DEPOSIT OR WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY 5. Approval to accept the "2008 Local Agency Biennial Notice" pertaining to the Agency's 23 Conflict of Interest Code. 25 6. Approval of a Backfill Agreement with the County Flood Control District (RA 08-022) to provide for the removal of stockpiled dirt owned by the County and to transport, fill, compact and grade the dirt in a portion of Demens Basin II located on the west side of Hellman Avenue, south of Hillside. 7. Approval of Amendment No. 3 to the Pass Thru Agreement between the City of Rancho 30 Cucamonga, Redevelopment Agency and the County of San Bernardino to recognize the transportation, fill, compaction and grading using stockpiled dirt owned by the County in a portion of the Demens Basin No. 2, located on the west side of Hellman Avenue, south of Hillside Road, as a qualified project under the terms of the Agreement. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA OCTOBER 1, 2008 4 8. Approval of a Professional Services Agreement with Dan Guerra & Associates (RA 08- 023), and a budget appropriation in the amount of $279,250 and a 10% contingency in the amount of $27,930 to be funded from 2502801-5650/1694 for design and administrative services including the preparation of plans and specifications for the transport, fill, compaction and grading of a portion of Demens Basin II, the preparation of a Lot Line Adjustment and related street improvement dedications or easements, the processing of a CLOMR and LOMR, and related technical and administrative support in securing required utilities, storm drain and water facilities to service the basin property. 9. Approval of a Purchase and Sale Agreement between the Fire District, County Flood Control District and the Redevelopment Agency (RA 08-024 / FD 08-012) which provides for the purchase by the Fire District of approximately 1.16 acres of Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road. 35 0 K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board atone time without discussion. Any item may be removed by a Boardmember for discussion. 1. Approval of Minutes: August 6, 2008 (Regular Meeting) 2. Approval of Check Register dated September 10 through September 23, 2008, for the total 55 amount of $84,053.36. 58 3. Approval to adopt Annual Statement of Investment Policy. 4. Approval of a Resolution to supersede Resolution No. 05-031 which will amend the list of 7fi officers who are authorized to participate in the Local Agency Investment Fund for the Rancho Cucamonga Fire Protection District. RESOLUTION NO. FD 05-031A 77 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT 5. Approval to accept the "2008 Local Agency Biennial Notice" pertaining to the District's 78 Conflict of Interest Code. 6. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 80 08-1 (APN: 0208-101-22, 23, 24 & 25; Fresh & Easy), into Community Facilities District No. 85-1, specifying facilities and services provided, to set and specify the special taxes to be levied within the annexation and set a time and place for a public hearing related to the annexation. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ OCTOBER 1, 2008 5 RESOLUTION NO. FD 08-033 82 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 08-1} TO COMMUNITY FACILITIES DISTRICT NO. 85-1 7. Approval to adopt a boundary map showing Assessor Parcel Numbers 0208-101-22, 23, 24 91 & 25 (Fresh & Easy), located on the northeast corner of Foothill Boulevard and Vineyard Avenue, to be annexed into CFD 85-1. RESOLUTION NO. FD 08-034 93 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 08-1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 8. Approval of a Purchase and Sale Agreement between the Fire District, County Flood Control 95 District and the Redevelopment Agency (FD 08-012 / RA 08-024) which provides for the purchase by the Fire District of approximately 1.16 acres of Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road. L. 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. 1. Approval of Minutes: August 6, 2008 (Regular Meeting) 110 2. Approval of Check Register dated September 10 through September 23, 2008, and payroll ending September 23, 2008, for the total amount of $4,256,436.00. 3. Approval to rescind the award for the purchase of one (1) replacement Compressed 147 Natural Gas ("CNG") powered roll-off truck with one (1) roll-off style water tank container and three (3) roll-off style dumpster containers from Peck Road Truck Center in the amount of $219,963.01 and to re-award the purchase of one (1) replacement Compressed Natural Gas ("CNG") powered roll-off truck with one (1) roll-off style water tank container and three (3) roll-off style dumpster containers from Carmenita Truck Center in the amount of $234,443.79, to be funded from account number 1712001-5604 (vehicle and equipment replacement fund). REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 6 OCTOBER 1, 2008 RANCHO ~,;UCAMONGA 4. Approval to adopt Annual Statement of Investment Policy. 149 5. Approval of a Resolution to supersede Resolution No. 85-130A which will amend the list of 167 officers who are authorized to participate in the Local Agency Investment Fund for the City of Rancho Cucamonga. 168 RESOLUTION NO. 85-1308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE LIST OF OFFICERS WHO ARE AUTHORIZED TO ORDER THE DEPOSIT OR WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR THE CITY OF RANCHO CUCAMONGA 6. Approval to accept the "2008 Local Agency Biennial Notice" and direct staff to proceed with 169 the amendments to the Conflict of Interest Code. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, 171 adopting the 2008/2010 Measure "I" Two-Year Capital Improvement Program for Measure "I" Funds. RESOLUTION NO. 08-198 172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2008/2010 MEASURE "I" TWO-YEAR CAPITAL IMPROVEMENT PROGRAM BEGINNING IN FISCAL YEAR 2008109 FOR THE EXPENDITURE OF `I" FUNDS 8. Approval of a Reimbursement Agreement (DRA-39) (CO 08-153) for construction of storm 175 drain detention basin and related improvements in connection with development of Tract No. 16776, submitted by Cucamonga Estates 52, LLC. RESOLUTION NO. 08-199 177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT (DRA-39) FOR STORM DRAIN DETENTION BASIN AND RELATED IMPROVEMENTS 9. Approval of a Master Plan Transportation Facility Reimbursement Agreement (SRA-054) 178 (CO 08-154) for construction of a traffic signal at the intersection of Haven Avenue and Trademark with development of Parcel Map 17303, submitted by the Hileman Company, LLC, to be funded from Acct. No. 1124303-5650/1026124-0. RESOLUTION NO. 08-200 180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF HAVEN AVENUE AND TRADEMARK (SRA-54) REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ OCTOBER 1, 2008 10. Accept the bids received and award and authorize the execution of the contract in the amount of $446,520.25 to the apparent low bidder, the R.J. Noble Company (CO 08-155) and authorize the expenditure of a 10% contingency in the amount of $44,625.03, for the Milliken Avenue Pavement Rehabilitation from 7th Street Arrow Route improvements, to be funded from Measure I Funds, Account No. 1176303-5650/1630176-0 and appropriate and additional amount of $47,000.00 to Account No. 1176303-565011630176-0 from Measure I Fund balance. 7 181 11. Approval of a yearly professional services agreement (CO 08-108) with Sigmanet (DBA Agiline) to provide website, kiosk, and graphics design and management services in the 187 amount of $92,940, to be funded as follows: $73,840 from Acct. No. 1001209-5300; $11,000 from Acct. No. 1001401-5300; $5,700 from Acct. No. 1016301-5300; and $2,400 from Acct. No. 1001104-5362. 12. Approval to waive various fees and charges for the Rancho Cucamonga Chamber of 188 Commerce's Grape Harvest Festival and Carnival to be held in conjunction with the City's Founders Festival that is scheduled for October 31 thru November 2, 2008, at the Rancho Cucamonga Epicenter. 13. Approval of Amendment No. 3 to the Pass Thru Agreement between the City of Rancho 191 Cucamonga, Redevelopment Agency and the County of San Bernardino to recognize the transportation, fill, compaction and grading using stockpiled dirt material owned by the County in a portion of the Demens Basin No. 2, located on the west side of Hellman Avenue, south of Hillside Road as a qualified project under the terms of the Agreement. 14. Approval of a Determination of Adequacy of a Mitigated Negative Declaration, subject to 196 and contingent upon the approval of the County of San Bernardino Board of Supervisors, and as previously prepared by the County of San Bernardino Flood Control District, for the relocation of approximately 116,000 cubic yards of stockpiled material to fill, compact and grade a portion of Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road. RESOLUTION NO. 08-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF ADEQUACY OF A MITIGATED NEGATIVE DECLARATION, SUBJECT TO AND CONTINGENT UPON THE APPROVAL OF THE COUNTY OF SAN BERNARDINO BOARD OF SUPERVISORS, AND AS PREVIOUSLY PREPARED BY THE COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT, FOR THE RELOCATION OF APPROXIMATELY 116,000 CUBIC YARDS OF STOCKPILED MATERIALS TO FILL, COMPACT AND GRADE A PORTION OF DEMENS BASIN II, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, SOUTH OF HILLSIDE ROAD 201 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA OCTOBER 1, 2008 S M. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. The 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. 1. DEVELOPMENT CODE AMENDMENT DRC2008-00196 - CITY OF RANCHO 203 CUCAMONGA - A request to amend the Development Code Sections 17.08 -Residential Districts; 17.10 -Commercial/Office Districts; and Section 17.30 -Industrial Districts, prohibiting public storage facilities including recreational vehicle storage and mini-storage in Residential Districts (with the exception of the provision for such facilities permitted or conditionally permitted within the Terra Vista Community Plan) and Commercial Districts. The proposed amendment also amends Section 17.30 from permitting storage facilities "by right" and to require a Conditional Use Permit for all storage facility applications. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061 (b) (3). Related files: Victoria Community Plan Amendment DRC2008-00561 and Etiwanda North Specific Plan Amendment DRC2008-00566. VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00561 -CITY OF RANCHO 212 CUCAMONGA - A request to the amend the Victoria Community Plan revoking Ordinance No. 287 and prohibiting public storage facilities including recreational vehicle storage and mini-storage in all Residential Districts. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061 (b) (3). Related files: Development Code Amendment DRC2008-00196 and Etiwanda North Specific Plan Amendment DRC2008-00566. ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2008-00566 - CITY OF RANCHO CUCAMONGA - A request to amend the use regulations for the Residential 215 Districts of the Etiwanda North Specific Plan to prohibit recreational vehicle storage facilities within the planned community. Staff has determined that the project is exempt from the California Environmental Quality Act (CEQA) Section 15061 (b) (3). Related files: Development Code Amendment DRC2008-000196 and Victoria Community Plan Amendment DRC2008-00561. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ OCTOBER 1, 2008 ORDINANCE NO. 795 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00196, AMENDING PORTIONS OF SECTION 17.08 - RESIDENTIAL DISTRICTS; SECTION 17.10 - COMMERCIAVOFFICE DISTRICTS; AND SECTION 17.30 - INDUSTRIAL DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, PROHIBITING PUBLIC STORAGE FACILITIES INCLUDING RECREATIONAL VEHICLE STORAGE IN RESIDENTIAL DISTRICTS AND COMMERCIAL ZONES (WITH THE EXCEPTION OF THE PROVISION FOR SUCH FACILITIES PERMITTED OR CONDITIONALLY PERMITTED WITHIN THE TERRA VISTA COMMUNITY PLAN); THE AMENDMENT ALSO AMENDS SECTION 17.30 FROM PERMITTING STORAGE FACILITIES "BY RIGHT" AND TO REQUIRE A CONDITIONAL USE PERMIT FOR ALL STORAGE FACILITY APPLICATIONS; AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 796 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00561, TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING MINI-STORAGE IN ALL RESIDENTIAL DISTRICTS AND REVOKING ORDINANCE NO 287 (VCPA 85-01) ORDINANCE NO. 797 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2008-00566, TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING RECREATIONAL VEHICLE AND MINI- STORAGE IN ALL RESIDENTIAL DISTRICTS 2. 9 203 212 215 220 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ OCTOBER 1, 2005 10 ORDINANCE NO. 798 (second reading) 220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING AND SUPERSEDING SECTIONS 8.08.010 THROUGH 8.08.060 OF CHAPTER 8.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ASSUME RESPONSIBILITIES FOR THE ENFORCEMENT OF THE MOBILE HOME PARKS ACT AND SPECIAL OCCUPANCY PARKS ACT OF THE CALIFORNIA HEALTH AND SAFETY CODE, AND TITLE 25, CHAPTERS 2 AND 2.2, OF THE CALIFORNIA CODE ~ OF REGULATIONS N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 1. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2006- 226 00224 - CHARLES JOSEPH ASSOCIATES FOR BASE LINE VICTORIA PARK PARTNERS, LLC - A request to change the General Plan land use designation from Neighborhood Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.79 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: Victoria Community Plan Amendment DRC2006-00447, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. 2. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 226 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES FOR BASE LINE VICTORIA PARK PARTNERS. LLC - A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.79 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: General Plan Amendment DRC2006- 00224, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. 392 RESOLUTION NO. 08-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2006-00224, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) DESIGNATION FOR APPROXIMATELY 4.79 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1089-581-01 REDE ELO ME T AGENCY V P N , FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 11 RANCxo OCTOBER 1, 200$ CUCAMONGA ORDINANCE NO. 799 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO 403 CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447, A REQUEST TO CHANGE THE PLAN FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 4.79 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-581-01 O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 1. PRESENTATION OF THE VOLGISTICS VOLUNTEER MANAGEMENT SOFTWARE (Oral - PowerPoint Presentation) 409 2. STATUS REPORT ON DEVELOPMENT OF REVISED MODEL LANDSCAPE ORDINANCE ON COMPLIANCE WITH AB1881 AND WATER CONSERVATION /WATER RECYCLING PROGRAMS IN RANCHO CUCAMONGA (PowerPoint Presentation) 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.) i 2. DISCUSSION OF THE ARMED FORCES BANNER PROGRAM 415 3. LEGISLATIVE AND REGIONAL UPDATES (Oral) Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT I, Kathryn L. Scott, Acting City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted vn September 25, 2008, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. August 6, 2008 RANCHO CUCAMONGA REDEVELOPMENT AGENCY CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, August 6, 2008, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:10 p.m. by Chairman Donald J. Kurth. Present were Agencymembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman L. Dennis Michael and Chairman Donald J. Kurth. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; and Linda D. Daniels, Redevelopment Agency Director $. ANNOUNCEMENT OF CLOSED SESSION ITEIVI S Chairman Kurth announced the closed session items: CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF I-15 FREEWAY, FOREST CITY DEVELOPMENT CA,.INC., & LEWIS INVESTMENT CO., LLC; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT -RDA 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF FOOTHILL AND HERMOSA; LINDA D. DANIELS, DIRECTOR, NEGOTIATING PARTY-RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session item. ****** D. CONDUCT OF CLOSED SESSION Closed session began at 5:10 p.m. ,.**** E. CITY MANAGER ANNOUNCEMENTS Redevelopment Agency, Fire Protection District, City Council Minutes August 6, 2008 Page 2 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, July 16, 2008, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/ PresidenUMayor Donald J. Kurth called the meeting to order at 7:07 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Pamela Easter, Assistant City Manager; Craig Fox, Legal Counsel/Deputy City Attorney; Fabian Villenas, Principal Management Analyst; Erika Lewis-Huntley, Management Analyst II; Linda D. Daniels, Redevelopment Agency Director; Donna Vega, Redevelopment Agency Analyst I; James C. Frost, City Treasurer; John Gillison, Deputy City Manager/Administrative Services; Mike Toy, Information Services Specialist I; Laura Bliese,.lnformation Services Specialist I; Mahdi Aluzri, Deputy City Manager/Community Development; Mark Steuer, Director of Engineering Services/City Engineer; Jon Gillespie, Traffic Engineer; Dave Blevins, Public Works Maintenance Manager; Inge Tunggaldjaja, Management Aide; James Troyer, Planning Director; Tom Grahn, Associate Planner; Trang Huynh, Building and Safety Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Melissa Morales, Sr. Administrative Secretary; Deborah Clark, Library Director; Joe Pulcinella, Animal Care & Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Shirr'I Griffin, Deputy City Clerk; and Kathryn L. Scott, Acting City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation by Vector Control staff regarding the West Nile Virus and how to protect yourself. Brian Reisinger, Vector Control Community Outreach Coordinator, provided an overview on West Nile Virus activity throughout Southern California. He explained the testing process and positive test results. He encouraged residents to report dead birds to Vector Control and to avoid handling dead animals. He discussed means of locating improperly maintained properties. He discussed issues related to foreclosed properties and the need for continued maintenance. He discussed increased staff working to control and abate issues. He encouraged residents to protect themselves and report potential problems. In response to Mayor Kurth, Mr. Risinger discussed the number of mosquitoes carrying the West Nile disease. He discussed methods of testing and capturing diseased mosquitoes. Mayor Kurth asked the odds of becoming infected if bitten by a mosquito. Mr. Resinger indicated it was dependant on the individual and amount of.virus in the mosquito. He stated individuals could build up immunity to the virus. Mayor Kurth asked the mortality rate of those bitten. Mr. Resinger stated 80% might have no symptoms, 20% could have symptoms similar to a viral infection and 1% of the 20% might obtain the more serious form of the disease. He discussed the effects of West Nile Virus. Redevelopment Agency, Fire Protection District, City Council Minutes July 16, 2008 Page 3 H2. Presentation on the Animal Care and Services Department "Two-Fur-One" Program Joe Pulcinella, Animal Care and Services Director, reminded residents about the "Two-Fur-One" program Pulcinella indicated the legal limit on animals was 3 dogs and 3 cats. H3. ADDED ITEM -Announcement regarding the funding by a local foundation for the cost of all Armed Forces Military Banners. Councilmember Williams stated of the Marketing Subcommittee, herself and Councilmember Gutierrez had reviewed options for adjusting the banner program to ensure that there was no cost to families for the banners. She announced that several organizations and a foundation had stepped up and offered to fund the entire cost of the banners. She indicated that the foundation had requested it remain anonymous. She indicated the matter would be brought back at the next meeting for Council consideration. She expressed excitement about the sponsorship. Councilmember Gutierrez expressed appreciation to those that had stepped up to sponsor the program. He stated all military members would be represented on the Boulevard. Mayor Kurth stated he was thrilled that the program had evolved with the donor covering all expenses. He thanked the subcommittee for coming up with a great solution. ...... I. PUBLIC COMMUNICATIONS 11. Christopher T. Weller explained peak oil and discussed its consequences. He urged the Council to establish a task force to study how to prevent issues associated with "peak oil." He stated it was necessary to prepare the City for the coming crisis. 12. Richard Mueller addressed the Council regarding the lack of enforcement of park hours at Victoria Arbors Park. He discussed the lack of signage posting park hours. He proposed installing steel posts with a chain gate blocking off the park, including a sign indicating hours and the fine for violating the hours. He requested the Council take action to resolve the nuisance. 13. Bill Hanlon discussed the proposed memorial at Central Park. He proposed an interim solution to the memorial prior to the completion of Phase 2 including the installation of flags and a lectern. He requested he be authorized to obtain funding for the project. He stated the City should show with pride the flags of the City's servicemen. 14. Jerie Lee addressed the Council regarding the recently adopted budget. She thanked the Marketing Subcommittee for its work on the banner program. She discussed the proposal for a memorial at Central Park. She encouraged a memorial be installed sooner rather than later. She provided photographs of the Alta Loma memorial and suggested it read "Veterans Honor Roll." 15. Lindy Logan discussed the agreement between the City and School District restricting after school programs at Cucamonga Middle School. She discussed use of the bottom fields by football teams. She expressed concern regarding noise, parking, restroom issues and loitering. She stated the fields were not supposed to be used in the evening hours. She stated she had a petition signed by every neighbor on Church Street requesting the fields not be used by the football teams. Community Services Director, Kevin McArdle, stated staff was aware of Ms. Logan's concerns. He stated the use of the fields had not gone through the City's permit process but rather the use was allowed by the School District. He stated the School Superintendent would be looking into the matter. Redevelopment Agency, Fire Protection District, City Council Minutes August 6, 2008 Page 4 16. Jim Frost stated 9 veterans were recently honored at the cemetery: He discussed the Missing American Project, through which they were trying to identify individuals and provide appropriate burials. He discussed burials of veterans without families. 17. Jim Moffat discussed the meeting regarding the banner program. He asked if the City would pay for the banners. He stated the benefactor did not live in the City of Rancho Cucamonga. He stated the veterans deserved more. He stated some parents could not afford the banners. He stated the memorials were lacking. 18. John Lyons commended the Marketing Subcommittee and potential donors. He indicated support for private contributions rather than using taxpayer dollars. He discussed traffic at Arbors Park and stated it might be unavoidable due to density in the area. He expressed concern regarding traffic at Day Creek at the bike trail. He discussed identity theft. He requested the Council create a task force with surrounding cities to discuss and study loss of air traffic at the Ontario Airport. J. CONSENT CALENDAR-REDEVELOPMENTAGENCY J1. Approval of Minutes: May 28, 2008 (Special Jt. Mtg. re "Green" Sustainability Program) J2. Approval of Check Register dated July 9 through July 29, 2008, for the total amount of $1, 932, 083.20. J3. Approval to accept the bids received, and award and authorize the execution of the contract in the amount of $796,458.00 to the apparent low bidder, Gas Equipment Systems, Inc. (RA 08-020 / CO 08-114), and authorize the expenditure of a 10% contingency in the amount of $79,645.80 for the Compressed Natural Gas Improvement Project at the City Yard, to be funded from Capital Reserve Funds, AOMD Funds and RDA Public Improvement Funds, Acct. Nos. 1025001-5650/1421025-0, 1105208-5650/1421105-0 and 2650801-5650/1421650-0 respectively, and appropriate additional amounts of $25,000.00 to Acct. No. 1025001-5650/1421025-0 from Capital Reserves fund balance, $200,000.00 to Acct. No. 1105208-5650/1421105-0 from AOMD fund balance and $652,000.00 to Acct. No. 2650801-5650/1421650-0 from RDA Public Improvement fund balance. J4. Approval of amendments of a Professional Services Agreement with RJM Design Group (CO 07- 188) for miscellaneous civil engineering site development services related to Phase II of the Central Park Project in the amount of $180,230 and authorization for the potential expenditure of a 10% contingency in the amount of $18,023, funded from Acct No. 2505801-5650/1645505-6311 and related to the conceptual design and potential construction documents for the Fire Station and Maintenance Facility on site. MOTION: Moved by Mayor Pro Tem Michael, seconded by Councilmember Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. ..,.,. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT K1. Approval of Minutes: May 28, 2008 (Special Jt. Mtg. re "Green" Sustainability Program) K2. Approval of Check Register dated July 9 through July 29, 2008, for the total amount of $340,323.48. Redevelopment Agency, Fire Protection District, City Council Minutes July 16, 2008 Page 5 K3. Approval to receive a donation in the amount of $500.00 from Burrtec Waste Industries for the Fire Education Program. K4. Approval of amendments of a Professional Services Agreement with RJM Design Group (CO 07- 188) for miscellaneous civil engineering site development services related to Phase II of the Central Park Project in the amount of $180,230 and authorization for the potential expenditure of a 10% contingency in the amount of $18,023, funded from Acct No. 2505801-5650/1645505-6311 and related to the conceptual design and potential construction documents for the Fire Station and Maintenance Facility on site. MOTION: Moved by Councilmember Gutierrez, seconded by Mayor Pro Tem Michael to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. ....,. L. CONSENT CALENDAR- CITY COUNCIL L1. Approval of Minutes: May 28, 2008 (Special Jt. Mtg. re "Green" Sustainability Program) L2. Approval of Check Register dated July 9 through July 29, 2008, and payroll ending July 29, 2008, for the total amount of $7,777,376.86. L3. Approval to authorize the advertising of the "Notice Inviting Bids' for the construction of Terra Vista Parkway Street Pavement Rehabilitation from Spruce Avenue to Milliken Avenue, to be funded from Measure "I" Funds, Acct. No. 1176303-5650/1629176-0. RESOLUTION NO. 08-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE TERRA VISTA PARKWAY STREET PAVEMENT REHABILITATION FROM SPRUCE AVENUE TO MILLIKEN AVENUE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Approval to declare surplus city-owned miscellaneous equipment and vehicles L5. Approval to accept grant revenue in the amount of $33,000 from the County of San Bernardino Healthy Communities Program into Acct. No. 1218000-4740 (Grant Revenue) and authorization to appropriate $33,000 into Acct. No. 1218102-5300 (Contract Services) for costs associated with the development and coordination of the Healthy RC Program. L6. Approval to donate two hybrid vehicles, a 2009 Ford Escape hybrid and a 2008 Saturn VUE hybrid, purchased by the City of Rancho Cucamonga through the South Coast Air Quality Management District (AQMD) Grant. The vehicles shall be donated to the San Bernardino County Sheriffs Department and shall be utilized to replace two Ford Explorers currently being used by the Citizen Volunteer Patrol Unit of the Rancho Cucamonga Police Department. L7. Approval tc accept landscape improvements for Tract 14493 located at the southwest corner of Day Creek Boulevard and Banyan Street, submitted by Young California Cucamonga, L.P. L8. Approval to accept landscape improvements for Tract 16726 located at the northwest corner of Day Creek Boulevard and Banyan Street, submitted by Young California Cucamonga, L.P. Redevelopment Agency, Fire Protection District, City Council Minutes August 6, 2008 Page 6 L9. Approval of Improvement Agreement and Improvement Security for public street improvements for Development Review Project DRC2004-01290, located on the north side of Arrow Route, east of I-15, submitted by Heffler Holdings, LLC. RESOLUTION NO. OS-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW PROJECT DRC2004-01290 L10. Approval of amendments of a Professional Services Agreement with RJM Design Group (CO 07- 188) for miscellaneous civil engineering site development services related to Phase II of the Central Park Project in the amount of $180,230 and authorization for the potential expenditure of a 10% contingency in the amount of $18,023, funded from Acct No. 2505801-5650/1645505-6311 and related to the conceptual design and potential construction documents for the Fire Station and Maintenance Facility on site. L11. Approval to accept the bids received, and award and authorize the execution of the contract in the amount of $796,458.00 to the apparent low bidder, Gas Equipment Systems, Inc. (CO 08-114 / RA 08-020), and authorize the expenditure of a 10% contingency in the amount of $79,645.80 for the Compressed Natural Gas Improvement Project at the City Yard, to be funded from Capital Reserve Funds, AOMD Funds and RDA Public Improvement Funds, Acct. Nos. 1025001-5650/1421025-0, 1105208-5650/1421105-0 and 2650801-5650/1421650-0 respectively, and appropriate additional amounts of $25,000.00 to Acct. No. 1025001-5650/1421025-0 from Capital Reserves fund balance, $200,000.00 to Acct. No. 1105208-5650/1421105-0 from AOMD fund balance and $652,000.00 to Acct. No. 2650801-5650/1421650-0 from RDA Public Improvement fund balance. L12. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $608,529.55 to the apparent low bidder, Jaurequi & Culver, Inc. (CO OS-115) and authorize the expenditure of a 10% contingency in the amount of $60,852.96 for the Above Ground Fuel Tank Improvement Project at the City Yard, to be funded from Capital Reserves Funds, Acct. No. 1025001- 5650/1707025-0 and appropriate an additional amount of $680,000.00 to Acct. No. 1025001- 5650/1707025-0 from Capital Reserves fund balance. L13. Approval to execute a Professional Services Agreement with RBF Consulting (CO 08-116) for an additional deposit not to exceed $257,513, for the pertormance of professional services related to a previously approved contract (CO 05-010) for the preparation of an environmental impact report (DRC2004-01048) for the proposed Carrari Ranch Project, in Rancho Cucamonga's Sphere-of-Influence, to be funded from the developer deposit through Acct. No. 1001314-5303. The original contract for $226,985 was executed on February 2, 2005. The additional deposit and new contract are due to new requirements that necessitate the environmental impact report to include the following additional studies and reviews: 1) Recirculate Initial Study/Notice of Preparation; 2) Revision and preparation of technical studies; 3) Peer review of applicant-provided technical studies; 4) Revisions to the August 2006 screen check draft EIR; 5) Preliminary draft EIR; 6) Conceptual grading plan review; 7) Slope analysis; 8) Prepare project alternatives; 9) Preparation of materials for public meetings; 10) Preparation of a computer model of the project site (optional); and 11) Management, coordination and meetings. L14. Approval to accept improvements, release the Faithful Pertormance Irrevocable Standby Letter of Credit, accept a Maintenance Guarantee cash deposit; and file a Notice of Completion for improvements for Parcel Map 17939, located on the east side of Haven Boulevard, south of Sixth Street, submitted by Rock-Haven, LLC. RESOLUTION NO. 08-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC Redevelopment Agency, Fire Protection District, City Council Minutes July 16, 2008 Page 7 IMPROVEMENTS FOR PARCEL MAP 17939 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L15. Approval to release the Maintenance Guarantee Bond for Tract 16466 (LMD Improvements), located on the east side of Bluegrass Avenue between Banyan and Wilson Avenues, submitted by Carriage Estates III, LLC. L16. Approval to release Maintenance Guarantee Bond Nos. 190015530 and 104674615 in the amount of $81,850.00 for the Bass Pro Shop 12 KV Electrical Distribution System and Onsite System Cabling, Connections and Equipment, Contract No. 06-118. L17. Approval to release Maintenance Guarantee Bond No. 7587033 in the amount of $214,166.00 for the Base Line Road Pavement Rehabilitation from west city limit to Carnelian Street Improvements, Contract No. 06-211. L18. Approval to release Maintenance Guarantee Bond No. 6369996 in the amount of $184,848.00 for the Milliken Park and Kenyon Park Irrigation System Renovations Improvements, Contract No. 07-004. L19. Approval to release Maintenance Guarantee Bond No. SU5022854 in the amount of $74,264.00 for the Cucamonga Creek Channel Bike Trail from Foothill Boulevard to Base Line Road and Red Hill Park Exercise Trail, Contract No. 07-026. L20. Approval to release Maintenance Guarantee Bond No. 8204-45-38 in the amount of $229,489.50 for the Carnelian Street Pavement Rehabilitation from Wilson Avenue to Almond Street, Contract No. 07- 062. L21. Approval to accept the Jasper Street/Orchard Street Sidewalk Improvements (around Stork Elementary School), Contract No. 08-026 as complete, retain the Faithful Performance bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $126,967.70. RESOLUTION NO. OS-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE JASPER STREET/ ORCHARD STREET SIDEWALK IMPROVEMENTS (AROUND STORK ELEMENTARY SCHOOL), CONTRACT NO. OS-026 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L22. Approval to accept the Banyan Community Trail from Amethyst to Archibald Avenues, Contract No. OS-036 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $103,135.00. RESOLUTION NO. 08-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BANYAN COMMUNITY TRAIL FROM AMETHYST TO ARCHIBALD AVENUE PROJECT, CONTRACT NO. 08-036 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L23. Approval to accept the Banyan Street Pavement Rehabilitation from Carnelian Street to Beryl Street, Contract No. 08-042 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $122,499.13. Redevelopment Agency, Fire Protection District, City Council Minutes August 6, 2008 Page 8 RESOLUTION NO. OS-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BANYAN STREET PAVEMENT REHABILITATION FROM CARNELIAN STREET TO BERYL STREET, CONTRACT NO. 08-042 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L24. Approval to accept the Metrolink Railing Re-Paint, Contract No. 08-050 as complete, retain the Faithful performance bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $10,590.00 RESOLUTION NO. OS-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE METROLINK RAILING RE-PAINT PROJECT, CONTRACT NO. 08-050 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Councilmember Williams, seconded by Councilmember Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously. M. CONSENT ORDINANCES M1. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS Ordinance read by Acting City Clerk, Kathryn L. Scott. ORDINANCE NO. 794 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Councilmember Williams, seconded by Mayor Pro Tem Michael to conduct second reading and adopt Ordinance No. 794. Motion carried unanimously. N. CITY MANAGER'S STAFF REPORTS N1. UPDATE ON TRAFFIC SIGNAL SYNCHRONIZATION IN THE CITY OF RANCHO CUCAMONGA (PowerPoint presentation) Redevelopment Agency, .Fire Protection District, City Council Minutes July 16, 2008 Page 9 Traffic Engineer John Gillespie provided an update on traffic signal synchronization throughout the City. He discussed the increase and changes to traffic signals from 1998 to 2008. He discussed the completion of Sanbag Tier 1 and Tier 2 projects. He discussed synchronization at Foothill Boulevard, Haven Avenue, Grove Avenue, and Fourth Street. He explained the Baseline Road System. He discussed the Day Creek/Archibald Synchronization project which was currently in construction. He .explained Sanbag Tier 3 and 4 projects. In response to Mayor Kurth, Traffic Engineer Gillespie indicated Haven Avenue was synchronized from Fourth Street to Alta Loma. Mayor Pro Tem Michael commended staff and the Council for making the project a priority. He asked if there was a speed that was most beneficial. Traffic Engineer Gillespie indicated the lights were synchronized for 40 miles per hour. Councilmember Williams commended Traffic Engineer Gillespie for his work on the project. She mentioned the benefit of improved air quality created by the synchronization. Councilmember Gutierrez asked the benefit to the drivers for driving the appropriate speeds. Traffic Engineer Gillespie explained that drivers would get green lights. He explained that Police and Fire could trigger the lights to allow emergency passage. Councilmember Gutierrez asked what happened in traffic. Traffic Engineer Gillespie explained that traffic could impact green lights. He explained that traffic would flow in different directions at various times of the day. Councilmember Gutierrez expressed enthusiasm about the lights on Milliken. He commended staff for completing the synchronization. He questioned why there was no U-turn allowed northbound on Haven Avenue at Wilson. Councilmember Spagnolo commended City staff. Mayor Kurth stated he had really noticed a difference and thanked staff. N2. OVERVIEW OF CITY'S RESPONSE TO JULY 29, 2008 EARTHQUAKE (oral report) Public Works Director Blevins discussed the recent Chino Hills Quake. He provided an update on the City's response. He discussed evacuations of City facilities. He reported there were no injuries and no apparent damage to City facilities. N3. OVERVIEW OF CITY AND COMMUNITY PREPARATION FOR NATURAL DISASTERS (oral report) Fire Chief Bryan discussed the need to be self sufficient for 72 hours. He provided suggested personal preparedness methods. He reviewed the City's preparedness. He encouraged the public to utilize the Are You Ready document available on the Federal Emergency Management Agency website. Councilmember Gutierrez asked if the lack of communication during the earthquake was due to cell phone overuse. Fire Chief Bryan explained the limited amount of air time. He stated radios had plenty of available talk time. In response to Councilmember Williams, Fire Chief Bryan discussed the use of land lines to contact out of state /out of region numbers. Mayor Pro Tem Michael discussed the interruption of cell service during the recent earthquake. He discussed damage during a larger earthquake. He stated it was necessary to sustain oneself for 72 hours during an emergency. Fire Chief Bryan stated it was important to come up with a family plan and practice it. Councilmember Williams discussed the importance of determining a meeting location Redevelopment Agency, Fire Protection District, City Council Minutes August 6, 2008 Page 10 In response to Councilmember Williams, Fire Chief Bryan discussed the upcoming County-wide earthquake drill. N4. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH LINDA PEEK (CO 08-117) FOR CONSULTING SERVICES WITH THE DEVELOPMENT AND COORDINATION OF THE "HEALTHY RC" PROGRAM Erika Lewis-Huntley, Management Analyst II, discussed the Healthy RC Program. She explained the purpose of the agreement with Linda Peek. She encouraged volunteers to participate in the upcoming events. She discussed upcoming events and community resources for healthy living. Mayor Pro Tem Michael thanked staff for obtaining the grant. MOTION: Moved by Mayor Pro Tem Michael, seconded by Councilmember Williams, to approve the professional services agreement with Linda Peek. Motion carried unanimously. ...,., O. CITY MANAGER'S STAFF REPORTS 01. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo discussed the successful Neighborhood Night Out event. He announced the YMCA car show on August 16, 2008. Councilmember Gutierrez addressed Mr. Mueller's concerns regarding Arbor Park. He stated he was looking forward to watching the DVD provided by Mr. Weller. He stated he was enjoying riding his bike throughout town and from Rancho Cucamonga to San Bernardino. Mayor Pro Tem Michael stated the donor for the banner program was a former resident of the City. He stated the business people in the City greatly assisted the community. He commended the Abundant Living Church for assisting released inmates. Councilmember Williams discussed the Healthy RC program and increased use of bicycles. She discussed the need for additional bike racks and suggested residents contact the City to provide locations of needed bike racks. Mayor Kurth expressed appreciation for the comments regarding peak oil. He explained that public comments were addressed as best as possible. He discussed the Central Park memorial. He thanked Mr. Frost for keeping the veterans in the forefront. He stated it was necessary to honor and hold veterans in reverence. He discussed the banner program. 02. CONSIDERATION OF ADOPTING A RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT,~REDEVELOPMENT . AND TRANSPORTATION FUNDS RESOLUTION NO. OS-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS Redevelopment Agency, Fire Protection District, City Council Minutes July 16, 2008 Page 11 Mayor Pro Tem Michael discussed his recent participation in a conference regarding the state budget problems and potential devastation to local government. Councilmember Spagnolo urged residents to contact their local legislator and let them know how they feel. He stated state spending had to be reduced. Councilmember Gutierrez echoed the comments of his colleague. He stated the City managed its money well. He stated the State of California needed to reduce spending and get out of debt. He discussed cutbacks in other agencies. He stated the state legislators need to consider local needs. He expressed concern regarding the impact on completing projects. He encouraged residents to contact the local legislators. Councilmember Williams commended Mayor Pro Tem Michael for representing the City. She discussed overspending by legislators. She stated local money would not be returned if it was borrowed by the State. She encouraged residents to call the local legislators. She suggested the state legislators make cuts in their own offices. Mayor Kurth stated state legislators were not responsible with spending and wanted to dip in to local funds. He questioned how the City would provide the services expected by the residents. He read the proposed resolution. MOTION: Moved by Mayor Pro Tem Michael, seconded by Councilmember Williams to adopt Resolution No. 08-174. Motion carried unanimously. 03. CONSIDERATION OF THE LIBRARY SUBCOMMITTEE'S RECOMMENDATION FOR APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES AND THE LIBRARY FOUNDATION Mayor Pro Tem Michael recommended Mr. Scott Haddon be appointed to the Library Board of Trustees and the Library Foundation. MOTION: Moved by Mayor Pro Tem Michael, seconded by Councilmember Gutierrez to appoint Scott Haddon. Motion carried unanimously. 04. CONSIDERATION OF A VOTING REPRESENTATIVE AND ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL MEETING City Manager Lam presented the staff report. MOTION: Moved by Councilmember Williams, seconded by Mayor Pro Tem Michael to have Councilmember Spagnolo as the voting representative and Mayor Pro Tem Michael and Councilmember Gutierrez as the alternates. Motion carried unanimously. O5. LEGISLATIVE AND REGIONAL UPDATES (oral report) Councilmember Williams challenged residents to comment on the proposed 1 cent sales tax increase. She discussed the many bills being discussed in Sacramento. She suggested the legislators put aside the bills and show commitment to solving the budget issue. She indicated opposition to the anti-Mylar balloon legislation. ..._«. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilmember Williams requested an item updating the Council on the new photo enforcement locations. Redevelopment Agency, Fire Protection District, City Council Minutes August 6, 2008 Page 12 R. ADJOURNMENT Mayor Kurth held a moment of silence in honor the nine firefighters killed in fighting the Buckhorn Fire. Mayor Kurth stated the next regular meeting would be held on August 20, 2008. The meeting adjourned at 9:53 p.m. Respectfully submitted, Kathryn L. Scott, CMC Acting City Clerk/Assistant Secretary Minutes prepared by Lisa Pope Minute By Minute Transcription (805)208-8473 Approved: RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272583 9/10/2008 ALLSTAR FIRE EQUIPMENT INC 10,575.66 AP - 00272651 9/10/2008 DAN GUERRA AND ASSOCIATES 14,930.00 AP - 00272688 9/10/2008 GRC ASSOCIATES INC 660.00 AP - 00272693 9/10/2008 HDL COREN AND CONE 4,200.00 AP - 00272706 9/10/2008 INLAND EMPIRE ECONOMIC PARTNERSHIP 1,000.00 AP - 00272758 9/10/2008 NORTHTOWN HOUSING DEVELOPMENT CORP. 1,388.03 AP - 00272758 9/10/2008 NORTHTOWN HOUSING DEVELOPMENT CORP. 15,305.00 AP - 00272758 9/10/2008 NORTHTOWN HOUSING DEVELOPMENT CORP. 70,062.50 AP - 00272758 9/10/2008 NORTHTOWN HOUSING DEVELOPMENT CORP. 49,967.99 AP - 0027276] 9/10/2008 OFFICE DEPOT 23.03 AP - 00272793 9/10/2008 RICHARDS WATSON AND GERSHON 4,376.00 AP - 00272793 9/10/2008 RICHARDS WATSON AND GERSHON 133.00 AP - 00272799 9/10/2008 SAN BERNARDINO COUNTY 4,641,640.00 AP - 00272812 9/10/2008 SIRSIDYNIX 1,293.00 AP - 00272814 9/10/2008 SOCIAL VOCATIONAL SERVICES 881.00 AP - 00272814 9/10/2008 SOCIAL VOCATIONAL SERVICES 881.00 AP - 00272844 9/10/2008 VEND U COMPANY 173.99 AP - 00272878 9/17/2008 2-I-1 SAN BERNARDINO 84.48 AP - 00272903 9/17/2008 BANC OF AMERICA LEASING 221.47 AP - 00272905 9/17/2008 BEACON PLUMBING 389.17 AP - 00272905 9/17/2008 BEACON PLUMBING 3,117.13 AP - 00272916 9/17/2008 CALIFORNIA CENTERS MAGAZINE INC. 4,200.00 AP - 00272941 9/17/2008 COSTAR REALTY INFORMATION INC 1,792.91 AP - 00272950 9/17/2008 D 7 CONSULTING INC 1,100.00 AP - 00272950 9/17/2008 D 7 CONSULTING INC 1,100.00 AP - 00272950 9/17/2008 D 7 CONSULTING INC 2,200.00 AP - 00272950 9/17/2008 D 7 CONSULTING INC 7,101.58 AP - 00272953 9/17/2008 DAN GUERRA AND ASSOCIATES 145,155.00 AP - 00272973 9/17/2008 FEDERAL EXPRESS CORP 21.90 AP - 00272982 9/17/2008 FRANCE PUBLICATIONS INC. 3,895.95 AP - 00272983 9/17/2008 FRANK'S UPHOLSTERY 675.74 AP - 00272986 9/17/2008 G AND M BUSINESS INTERIORS 3,568.00 AP - 00273030 9/17/2008 LN CURTIS AND SONS 5,141.24 AP - 00273030 9/17/2008 LN CURTIS AND SONS 624.25 AP - 00273030 9/17/2008 LN CURTIS AND SONS 2,262.75 AP - 00273030 9/] 7/2008 LN CURTIS AND SONS 10,570.60 AP - 00273030 9/17/2008 LN CURTIS AND SONS 202.57 AP - 00273030 9/17/2008 LN CURTIS AND SONS 1,746.41 AP - 00273030 9/17/2008 LN CURTIS AND SONS 3,055.02 AP - 00273030 9/17/2008 LN CURTIS AND SONS 3,055.02 AP - 00273030 9/17/2008 LN CURTIS AND SONS 9,258.52 AP - 00273030 9/17/2008 LN CURTIS AND SONS 223.85 AP - 00273030 9/17/2008 LN CURTIS AND SONS 286.62 AP - 00273030 9/17/2008 LN CURTIS AND SONS 10.78 AP - 00273030 9/17/2008 LN CURTIS AND SONS 8,564.31 AP - 00273030 9/17/2008 LN CURTIS AND SONS 10,491.64 AP - 00273030 9/17/2008 LN CURTIS AND SONS 2,075.91 AP - 00273059 9/17/2008 OFFICE DEPOT 13.58 AP - 00273087 9/17/2008 RJM DESIGN GROUP INC 5,580.00 AP - 00273087 9/17/2008 RJM DESIGN GROUP INC 6,820.00 AP - 00273087 9/17/2008 RJM DESIGN GROUP INC 3,100.00 AP - 00273087 9/17/2008 RJM DESIGN GROUP INC 6,200.00 AP - 00273125 9/17/2008 TBH INC 65,431.03 AP - 00273128 9/17/2008 TMAD TAYLOR & GAINES 1,350.00 P1 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:29:0 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name AP - 00273128 9/17/2008 TMAD TAYLOR & GAINES Total for Check ID AP: Total for Entity: P2 Amount 1,285.00 5,139,462.63 5,139,462.63 User: VLOPEZ -Veronica Lopez Page: 2 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 09/24/200 Time: 16:29:0 _~; .... t~. . r.. Staff Report DATE: October 1, 2008 TO: Mayor and Members of the Redevelopment Agency Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative ces BY: Sandra G. Ramirez, Management Analyst Ill,~,c~/~ SUBJECT: APPROVAL TO ADOPT ANNUAL STATEMENT OF INVESTMENT POLICY RECOMMENDATION Annually the Redevelopment Agency Board Members review the Statement of Investment Policy. It is recommended that the Agency Board Members approve and adopt the attached Statement of Investment Policy for the Rancho Cucamonga Redevelopment Agency. BACKGROUND The Agency Board Members adopted a Statement of Investment Policy in July 1987. Califomia Government Code, Section 53646, requires that the Treasurer or Chief Fiscal Officer shall annually render to the Agency Board Members a Statement of Investment Policy, which shall be considered at a public meeting. Further, the Agency shall also consider any modifications to the investment policy at a public meeting. The proposed investment policy includes one modification for your approval. The modification adds Medium Term Corporate Notes to the list of authorized investments pursuant to California Government Code Section 53601 (j). The Agency's investment policy and practices are based upon Federal, State and local law and prudent money management. The primary goals of the Agency's policy are to assure compliance with all Federal, State and local law governing the investment of monies under the control of the Treasurer, enhance the economic status of the Agency and to protect its pooled assets and to invest public funds prudently. The Treasurer is authorized to invest the Agency's funds in accordance with the P3 P4 California Government Code Section 53600 et seq. ("State Code"), and the investment policy adopted by the Agency. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report and the Agency receives a monthly Portfolio Summary of investment earnings provided at scheduled Agency meetings. The Agency continues to maintain an investment strategy more conservative than required under State law. The Treasurer and staff continue to monitor legislation, government code amendments, and professional practices pertaining to investing of public funds, ensuring amendments are reflected in the Agency's Statement of Investment Policy as required by local policy and State law and maintaining a prudent investment policy as prescribed by the Mayor and Members of the Redevelopment Agency. Respectfully submitted, ~R~- John R. Gillison Treasurer/Deputy City Manager/Administrative Services Attachments RDA Slaff Report 08.doc _z_ P5 Rancho Cucamonga Redevelopment Agency Statement oflnvestmeut Policy RANCHO CUCAMONGA REDEVELOPMENT AGENCY STATEMENT OF INVESTMENT POLICY 2008 RANCHO C;UCAMONGA CALIFORNIA Prepared by the Administrative Services Department John R. Cillison, Treasurer P6 STATEMENT OF INVESTMENT POLICY RANCHO CUCAMONGA REDEVELOPMENT AGENCY The investment policy and practices of the Rancho Cucamonga Redevelopment Agency are based upon state law, prudent money management and the "prudent person" standards. This statement is intended to provide guidelines for the prudent investment of the Agency's temporary idle cash, and outline the policies for maximizing the efficiency of the Agency's cash management system. The primary goal of this policy is to enhance the economic status of the Agency by protecting its pooled cash and to invest public funds to: Meet the daily cash flow needs of the Agency. 2. Comply with all laws of the State of California regazding investment of public funds. 3. Achieve a reasonable rate of return while minimizing the potential for capital losses azising from market changes or issuer default. SCOPE The investment policy applies to all investment activities of the Rancho Cucamonga Redevelopment Agency. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report and include: General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds. Trust and Agency Funds. Any new fund established by the City Council shall automatically be reflected in the Investment Policy. Bond proceeds shall be invested in accordance with the requirements and restrictions outlined in bond documents as approved by the Mayor and Members of the Redevelopment Agency. Guidelines presented herein are not intended to apply to bond proceeds held by the Agency or by fiscal agents or trustees for bond holders of Agency debt. PRUDENCE/EVALUATION OF INVESTMENT OFFICER ACTIONS The actions of the Treasurer and/or his appointed designee in the performance of their duties as managers of public funds shall be evaluated using the following "prudent person" standard applied in the context of managing the overall portfolio: Investments shall be made with judgment and care, under circumstances then prevailing, tivhich persons of prudence, discretion, and intelligence exercise in the professional management of their business affairs, not for speculation, but for investnent, considering the probable safety of their capital as well as the probable income to be derived. Rev: 9/2008 P7 The Treasurer and/or his appointed designee acting in accordance with the investment policy and the "prudent person" standard and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that substantial deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments whenever possible. OBJECTIVE The Rancho Cucamonga Redevelopment Agency operates its temporary pooled idle cash investment under the "Prudent Person" standard. This affords the Agency a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et. seq.) and other legal restrictions as the Agency may impose from time to time. The objective of the investment portfolio is to meet the short and long term cash flow demands of the Agency. To achieve this objective, the portfolio will be structured to provide Safety of Principal and Liquidity, while then providing a reasonable return on investments. The Agency may direct its fiscal agents to invest funds associated with bonds or debt issues pending disbursement or reinvestment in "money market mutual funds" that are shares of beneficial interest issued by diversified management companies. The criteria for "money market mutual funds" are more specifically described in California Government Code § 53601(1). INVESTMENT OBJECTIVES Security purchases and holdings will be maintained within statutory limits imposed by Government Code. Agency policy has been to limit investments more stringently than required under state law. Criteria for selecting investments and the order of priority are: Safety -The safety and risk associated with an investment refers to the potential loss of principal, interest, or combination thereof. The Agency only operates in those investments that are considered safe. Investments shall be undertaken in a manner that seeks to ensure that capital losses resulting from institution default, broker/dealer default, or the erosion of market value are avoided. The Agency shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. • Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in only high quality securities and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm Agency cash flow. • Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the Rev.' 9/2008 2 P8 portfolio. It is explicitly recognized, however, that in a diversified portfolio, occasional measured losses may occur, and must be considered within the context of overall investment return. 2. Liquidity -This refers to the ability to sell these securities and terminate the agreement in order to receive cash at any moment in time with minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occasionally occurs. The Agency's investment portfolio will remain sufficiently liquid to enable the Agency to meet operating requirements that might be reasonably anticipated. Invested bond proceeds will be structured so as to meet anticipated drawdown requirements. 3. Yield -The Agency's investment portfolio shall be designed with the objective of attaining a reasonable market rate of return throughout economic cycles, as long as it does not diminish the objectives of Safety and Liquidity. ETHICS AND CONFLICTS OF INTEREST The Treasurer/Deputy Treasurer and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers shall disclose any material financial interest in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the Agency's portfolio, particularly with regazd to the time of purchases and sales. The Treasurer/Deputy Treasurer or investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). AUTHORIZED BROKER/DEALERS The Agency will transact business only with approved investment securities broker/dealers that are approved as an authorized broker/dealer in compliance with the Agency selection process. The Treasurer shall request all broker/dealers that wish to do business with the Agency to provide proof of capitalization to meet the Agency's needs, and agree to abide by the conditions set forth in this Investment Policy. All broker/dealers who want to become qualified bidders for investment transactions must have offices in the State of California and provide a current audited financial statement and complete the appropriate City Broker Dealer Questionnaire and Certification. The Treasurer will maintain a list of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services to the Agency. The Agency shall at least annually send a copy of the current investment policy to authorized broker/dealers approved to do business with the Agency. Confirmation of receipt of this policy shall be considered evidence that the broker/dealer has read and understands the Agency's investment policy and will recommend and execute only transactions suitable for and in compliance with the Agency's investment policy. Rev: 9/2008 3 P9 AUTHORIZED INVESTMENTS The Agency is authorized by California Govemment Code Section 53600, et. seq. to invest in specific types of securities. The Agency has further limited the types of securities in which it may invest. Any security not listed is not a valid investment for the Agency. The concise list of approved securities is as follows: MAXIMUM INVESTMENTS/DEPOSITS PERCENTAGES MATURITY* (See Government Code Section 53601) Securities of the U.S. Government, or its agencies Unlimited 5 years* Certificates of Deposit (or Time Deposits) Unlimited 5 years* (placed with commercial banks and/or savings and loan companies) Negotiable Certificates of Deposit 30% 5 years* Banker's Acceptances 40% 180 days Commercial Paper 30% 270 days (/mestments in Commercial Paper must be only with corporations with at least 5.500 million in assets. Must be of "prime" quality of the highest rating or of the highest letter and numerical rating as provided jot by Moody's Investor's Service Inc. or Standard & Poor's Corporation. Short term rating of at least 'A' or 'AI/P!' and a long-term rating of 'A' is required.) Local Agency Investment Fund (State Pool) Demand Deposits 40 MM* * Daily Liquidity Joint Powers Authority (JPA) Investment Pool (Short-Term) 10% Daily Liquidity Deposit of Funds (See Government Code - n/a Section 53630 -Ref. C) Repurchase Agreements (Repos) 20% 1 year The market value ojthe securities that underlay the repurchase agreement must be valued at 102% or greater the funds borrowed against the securities and the value must be adjusted no less than quarterly. An executed Master Repurchase Agreement must be on file Medium Term Corporate Notes 30% ~ years Investments in Medium Term Corporate Notes must be issued by corporations organized and operating within the United States. Securities eligible for investment must be rated "AA" or better by Moody's or Standard 8 Poor's rating services. Investment Agreements*** 5% 397 days /nvestment agreements, guaranteed investment contracts, funding agreements, or any other form of corporate note which represents the unconditional obligation of one or mare banks, insurance companies or other financial institutions, or are guarmueed by a financial institution, which has an unsecured rating, or which agreement is itself rated, as of the date of execution thereof, in one of die two highest rating categories by hvo or more rating agencies; or, which are collatera(i_ed at least 100% with US. Government securities. Rev. 9/2008 P10 * Maximum term unless expressly authorized by Governing Body and within the prescribed time frame for said approval. **Limit set by L.A.LF. Governing Board, not Government Code ***Percentage limits for InvestmentAgreements are not intended to apply to bond funds held by the Agency, or by Fiscal Agents or Trustees, in which investment of such funds is under the Agency's control or direction. The term and percentage provisions set forth herein are effective January I, 2007 and do not apply to investments of Agency funds made prior to that date. INVESTMENT POOLS The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California's local governments and special districts authorized by the California Government Code. LAIF is managed by the State Treasurer's Office with oversight by the Local Agency Investment Advisory Boazd. The Agency's participation in LAIF was approved by the Mayor and Members of the Redevelopment Agency with other authorized investments on July 1987. It is a permitted investment with the knowledge that the fund may invest in some vehicles allowed by statute but not otherwise authorized under the Agency's authorized investments. All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480. All investments are purchased at market, and mazket valuation is conducted monthly. The Agency may also invest in shares of beneficial interest issued by a joint powers authority ("JPA") organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations specified in the code and which shall have retained an investment advisor that meets the following criteria: Be registered or exempt from registration with the Securities and Exchange Commission. 2. Have not less than five (5) years of experience investing in the securities and obligations authorized herein, and 3. Have assets under management in excess of five hundred million dollars. SAFEKEEPING OF SECURITIES Securities purchased from broker/dealers shall be held by third party bank or other designated third party trust department acting as agent for the Agency under the terms of a custody agreement executed by the bank and Agency. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures. Certificate of Deposit securities aze held in the City's vault. No outside broker/dealer or advisor may have access to Agency funds, accounts or investments, and any transfer of funds to or through an outside broker/dealer must be approved by the Treasurer/Deputy Treasurer. Rev: 9/2008 5 P11 The Agency strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the Treasurer. DIVERSIFICATION The Agency will diversify its investments by security type, issuers, and maturities. The purpose of diversifying is to reduce overall portfolio risks while attaining an average market rate of return; therefore, it needs to be conceptualized in terms of maturity, instrument types and issuer. INDEPENDENT REVIEW Outside, independent auditors are required to perform an annual review of the Agency's Investment Policy, process, and internal controls. The review process is performed as part of the Agency's annual external audit. REP€3RTING The Treasurer shall prepare monthly reports for the Mayor and Members of the Redevelopment Agency, which shall include all securities, excluding those held by and invested through trustees. The report shall include the following: • The type of investment, name of the issuer, date of maturity, par and dollar amount invested in all securities. • The weighted average maturity of the investments. • Any funds, investments, or programs including loans that are under the management of contracted parties. • The current market value and source of the valuation. • A description of the compliance with the Statement of Investment Policy. • A statement of the Agency's ability to meet its pooled expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may not be available. Rev: 9/2008 6 P12 The Treasurer shall be responsible for reviewing and modifying investment guidelines as conditions warrant and is required to submit same for re-approval to the Mayor and Members of the Redevelopment Agency annually. However, the Treasurer may, at any time, further restrict the items approved for purchase as deemed appropriate. The basic premise underlying the Agency's investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed. ~~~ ~ John R. Gillison Treasurer Rancho Cucamonga Redevelopment Agency ~~4a~ Date Rev: 9/2008 Rancho Cucamonga Redevelopment Agency Statement oflnvestnzent Policy GLOSSARY ACCRUED INTEREST: The accrued interest accumulated on a security since the issue date or the last coupon payment. The buyer of the security pays the market price plus accrued interest. AGENCIES: Federal agency securities. ASK/OFFER: The price at which an owner offers to sell. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as, the issuer. BASIS POINT: 1/100 of 1%. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid). See Offer. BEAR MARKET: A period of generally pessimistic attitudes and declining market prices. BOOK VALUE: The amount at which a security is carried on the books of [he holder or issuer. BOND EQUIVALENT YIELD: The basis on which yields on notes and bonds are quoted. BROKER: A broker brings buyers and sellers together for a commission. BULL MARKET: A period of generally optimistic attitudes and increasing market prices. BUYER'S MARKET: A market where supply is greater than demand, giving buyers an advantage in purchase price and terms. CALLABLES-N/C: Securities that the issuer has the right to redeem prior to maturity. CASH SETTLEMENTS: Today. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large denomination CD's are typically negotiable. CMT: Constant Maturity Treasury. P13 COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. Rancho Cucamonga Redevelopment Agency Statement of Im~estment Policy COMMERCIAL PAPER: Short-term, unsecured, negotiable promissory notes issued by businesses. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City. It includes five combined statements for each individual fund and account group prepared in conformity with Government Accounting Accepted Practices (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. COVER: Spread between the winning bid (or offer) and the next highest bid (or offer). CREDIT RISK: Credit of the underlying security. CUSP: Committee of Uniform Securities ]dentification Procedures. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account or inventory. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of signed receipt for the securities. DERIVATIVES: Financial products that are dependent for their value on (or "derived" from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at discount and redeemed at maturity for full face value; e.g. U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. P14 DURATION: A measure of the timing of the cash flows to be received from a given fixed income security. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Rancho Cucamonga RedeveloPn2ent Agency Statement of Investment Policy EASE: To assist the economy in growing faster, Fed supplies more credit, lowering reserve requirements or discount rates. EXTENSION TRADES: Selling short term, buying further out in the yield curve. (Usually affected in a bull market). FACE VALUE: The principal amount owed on a debt instrument. It is the amount on which interest is computed and represents the amount that the issuer promises to pay at maturity. FEDERAL CREDIT AGENCIES: Agencies of the Federal govemment set up to supply credit to various classes of institutions and individuals, e.g., S & L's small business firms, students, farmers, farm cooperatives, and exports. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of [he Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. P15 FRN: Floating Rate Note. Rancho Cucamonga Redevelopment Agency Statement oflnvestment Policy FULL FAITH AND CREDIT: The unconditional guarantee of the United States Government backing a debt for repayment. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Maes. INTEREST RATE RISK: The risk that rising interest rates will cause bond prices to fall. INVESTMENT PORTFOLIO: A collection of securities held by a bank, individual, institution or government agency for investment purposes. INVESTOR: A person who purchases securities with the intention of holding them to make a profit. ISSUE: A group of identical securities or the marketing and selling of such securities. ISSUE PRICE: The price at which a new issue of securities is put on the market. LIQUH)ITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LOCAL: Refers to the ability to sell securities one owns. LIBID: London Interbank bid rate. LIBOR: London Interbank offered rate. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MARK TO MARKET: Current value of securities at today's market price. MARKET RISK: The risk that the security will be difficult to sell. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller- borrower. P16 Rancho Cucamonga Redevelopment Agency Statement oflnvestment Policy MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET INSTRUMENTS: Private and government obligations of one year or less (Flexible in some arenas; under five years would still be considered a money market). MTN: Medium Term Note. NEW ISSUE: The first offering of a security. NONCALLABLE: Security that does not contain a call provision. OFFER: The price asked by a seller of securities. (When you are buying securities you ask for an offer). See Asked and Bid. OPEN MARKET OPERATIONS: Federal Reserve activity, Fed entering the market place to initiate repos, reverses, bill or coupon pass. Under the Federal Reserve Act., Fed uses purchases and sales of Govt. & Fed Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability. OPTION: The right to trade a security during a certain period of time. ORIGINAL ISSUE DISCOUNT/OH): Security priced at a discount at time of issuance. OVERBOUGHT: Refers to the price level of a security or market, which has undergone a sharp rise due to vigorous buying. OVERSOLD: Refers to the price level of a security or market, which has undergone a sharp fall due to selling. These conditions indicate that buying/selling may have left prices temporarily too high/low, given all other market conditions. PAPER GAIN OR LOSS: Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between market value and the purchase price. PAR VALUE: The stated or face value of a security expressed as a specific dollar amount marked on the face of the security; the amount of money due at maturity not to be confused with market value. PAYllOWN: A net reduction in debt that occurs when the amount of a new issue is less than the maturing issue. PREMIUM: The amount by which the price paid for a security exceeds the par value. Also, the amount that must be paid over the par value to call an issue before maturity. P17 PRICE RISK: Volatility. Rancho Cucamonga Redevelopment Agency Statement oflm~estment Policy PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of News York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. PRIMARY MARKET: The demand for first issues of securities. PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state--the so-called legal list. In other states the trustee may invest in a security if it is one, which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RALLY: A brisk rise or recovery in the price of a security or the market. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond; the current income return. RATING: The designation used by investor's services to rate the quality of a security's creditworthiness. REGULAR: Next business day. REPURCHASE AGREEMENT: Repo - a holder of securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms are structured to compensate him for this. When the FED does R.P., it is lending money, thus increasing bank reserves. RICH/EXPENSIVE TO THE YIELD CURVE: An expression applied to a security price when current market quotes appear to be in comparison with past price records of securities or current prices of comparable securities. ROLL OVER: Reinvesting funds received from a mature security in a new issue of the same or similar security. SAFEKEEPING: A service banks offer to customers for a fee, where securities are held in the bank's vaults for protection. P18 6 Rancho Cucamonga Redevelopment Agency Statement oflnvestment Policy SALLIE D4AE: Trade name for the Student Loan Marketing Association. SECONDARY MARKET: 1) A market for the repurchase and resale of outstanding issues following the initial distribution. 2) The purchase or sale of securities in a special offering or through a means other than the regular channel of trading. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 153C-1: See Uniform Net Capital Rule. SHORT/SELL SHORT: Sale of securities without ownership. SKIP DAY: Next business day after tomorrow. SPREAD: Difference between the bid and the ask, or offer. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations that have imbedded options (e.g., call features, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates. the volatility of the imbedded options and shifts in the shape of the yield curve. SUPPORT: A price level at which a security tends to stop falling because there is more demand than supply. TIGHTEN: If the economy is growing too fast, and inflation is increasing, FED withdraws money from the banking system, by raising reserves or the discount rate. Ultimately, putting the brakes on economic growth. TREASURY BILLS: Anon-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term coupon bearing U.S. Treasury securities issued as direct obligation of the U.S. Government having initial maturities of more than 10 years. TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to I; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments [o purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. VALUE OF 1/32 PER MILLION: $312.50 7 P19 Rancho Cucamonga Redevelopment Agency Statement of Im~estment Policy V1'HEN ISSUED BASIS-VVH3-~'VI: A term applied to securities that are traded before they are actually issued, with the stipulation that transactions are null and void if securities are not issued. YIELD: The annual rate of return on an investment expressed as a percentage of the investment. Income yield is obtained by dividing the current dollar income by the current market price for the security. YIELD CURVE: Yield calculations of various maturities at a given time to observe spread differences. YIELD TO MATURITY/NET YIELD: The current income yield minus any premium above par, or plus any discount from par in the purchase price with the adjustment spread over the period from date of purchase to maturity. I:\ADMIN\SANDY\Treasurv\Annual Investment Policies OS\ GLOSSARY 08 RDA.doc P2O 8 STAFF REPORT - ADMINISTRATIVE SERVICES DEPARTMENT RANCHO Date: October 1, 2008 ~;UCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: John R. Gillison, Deputy City Manager/Administrative Serve By: Sandra G. Ramirez, Management Analyst III ~~~"~ Subject: APPROVAL OF A RESOLUTION TO SUPERS DE RESOLUTION NO. 86-01A WHICH WILL AMEND THE LIST OF OFFICERS WHO ARE AUTHORIZED TO PARTICIPATE IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) FOR THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RECOMMENDATION: It is recommended that the Redevelopment Agency approve the attached resolution to supersede Resolution No. 86-01A which will amend the list of officers who are authorized to participate in the Local Agency Investment Fund (LAIF) for the Rancho Cucamonga Redevelopment Agency. BACKGROUND: Since inception of the City, Agency policy has been to invest funds in the State Local Agency Investment Fund (LAIF). The Agency's participation in the Local Agency Investment Fund was approved by the Chairman and Members of the Redevelopment Agency in January 1986 with a limited list of authorized officers. It is a permitted investment under the authority of Government Code and the Agency's Statement of Investment Policy. The attached Agency resolution is required to update and re-certify the list of current Agency officers and staff who are authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund with updated position titles. This amendment is merely a housekeeping function and no future amendments will be required unless a position title changes. The updated resolutions are required for the Redevelopment Agency, the Fire District, and the City. Respe ffully submitted, John R. Gillison Deputy Treasurer Deputy City Manager/Administrative Services P21 Attachment: Resolution P22 RESOLUTION NO. 86-O1B A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE LIST OF OFFICERS WHO ARE AUTHORIZED TO ORDER THE DEPOSIT OR WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY WHEREAS, Pursuant to Chapter 730 of the Statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency For purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the Agency. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby authorize the deposit and withdrawal of Agency monies in the Local Agency Investment Fund in the State Treasury in accordance with provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund for the Rancho Cucamonga Redevelopment Agency. Jack Lam Tamara L. Layne Executive Director Finance Director John R. Gillison Sandra G. Ramirez Treasurer Management Analyst III PASSED APPROVED, AND ADOPTED, this 151 day of October; 2008. AYES: NOES: ABSENT: ABSTAINED MEMORANDUM CIT]' CLERK'S OFFICE Date: October 1, 2008 To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: Kathryn L. Scott, CMC Acting City Clerk/Records Manager RANCHO C,UCAMONGA Subject: APPROVAL TO ACCEPT THE "2008 LOCAL AGENCY BIENNIAL NOTICE" PERTAINING TO THE AGENCY'S CONFLICT OF INTEREST CODE RECOMMENDATION: It is recommended that the Redevelopment Agency authorize the Chairman to sign the "2008 Local Agency Biennial Notice" indicating no amendments are necessary to the Agency's Conflict of Interest Code (copy attached). BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments must update their Conflict of Interest Code biennially to determine if amendments are necessary. Once the determination has been made, a notice must be submitted to the code reviewing body no later than October 1 of even- numbered years. The Agency has reviewed its conflict of interest code; that the code accurately designates all positions which make or participate in the making of governmental decisions; that the disclosure categories accurately assigned those positions requires the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those designated positions, and that the code includes the provisions required by Government Code Section 87302. Respectfully submitted, ~ ~ ~ ~~~~ Kathryn L. Scott, CMC Acting City Clerk/Records Manager P23 Attachment: 2008 Local Agency Biennial Notice P24 2008 Local Agency Biennial Notice Name of Agency: Rancho Cucamonga Redevelopment Aeencv Mailing Address: P 0 Box 807 Rancho Cucamonga CA 917~g Contact Person: Kathryn L. Scott Office Phone No: 909 477-2700 ext. 2009 E-mail: kscott@cityofrc.us Fax No: 909 919-2905 This agency has reviewed iu conflict-of-interest code and has determined that: ^ An amendment is required. The following amendments are necessary: (Check all that apPlY•) O Include new positions (including consultants) that must be designated. O Delete positions that manage public investments from the list of designated positions. O Revise disclosure categories. O Revise the titles of existing positions. O Delete titles of positions that have been abolished. O Other (deacnbe) ^ Code is currently' under review by the code-reviewing body. N'o amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all invesmtents, business positions. interests in real property, and sources of income that may foreseeably be affected materially' by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section &7302. Donald J. Kurth, M. D. Chairman Date Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2008, to: CITY OF RANCHO CUCAMONCA PLEASE DO NOT RET'GRN THIS FORh7 TO THE FPPC. Fair Poli[ical Practices Commission 4281 Sneet, Sui[e 620, Sacramento, CA 95533 For Technical ASSisw¢e: (866)ASK-FPPC STAFF REPORT \ REDEVELOPMENT AGENCY RANCHO Date: October 1, 2008 C;UCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: Linda D. Daniels, Redevelopment Director Subject: APPROVAL OF A BACKFILL AGREEMENT WITH THE COUNTY FLOOD CONTROL DISTRICT TO PROVIDE FOR THE REMOVAL OF STOCKPILED DIRT OWNED BY THE COUNTY AND TO TRANSPORT, FILL, COMPACT AND GRADE THE DIRT IN A PORTION OF DEMENS BASIN NO. 2 LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, SOUTH OF HILLSIDE ROAD RECOMMENDATION: Approve the Backfill Agreement which provides for the removal of stockpiled dirt owned by the County and to transport, fill, compact and grade the dirt to a portion of Demens Basin No. 2. BACKGROUND: The Redevelopment Agency, County of San Bernardino and the County's Flood Control District have identified the ability to surplus a portion of Demens Basin No. 2, which is generally located south of Hillside Road, on the west side of Hellman Avenue (see attachment A). The basin was originally constructed to retain water during storms. Through the development of additional flood control improvements, and expansion of Demens Basin No. 1 to the north, the basin is no longer required for storm water retention. The County Flood Control District currently owns two large stockpiled dirt areas, totaling approximately 116,000 cubic yards of dirt and fill material, near Demens Basin No. 1 and the Hillside Basin (see Attachment B). The County and Flood Control District want to use this stockpiled material to fill Demens Basin No. 2 so that the basin can be reclaimed and used for development purposes. The County, Flood Control District, City and Agency staffs have discussed the relocation of the stockpiled dirt to Demens Basin No. 2 and the benefit to the community that will result from filling a portion of the basin. ANALYSIS: The proposed Backfill Agreement provides for the Agency to prepare plans and specifications for the transport, fill, compaction and grading of the stockpiled dirt to a portion of Demens Basin No. 2. The Agency will fund this project with revenue in the Agency's Regional Facilities Fund per Amendment No. 3 to the Pass Thru Agreement. The Flood Control District will participate in the review of the plans and specifications, and will provide all permits to the Agency at no cost. P25 P26 APPROVAL OF A BACKFILL AGREEMENT IX~ITH THE COUNTY FLOOD CONTROL DISTRICT OCTO»Ea t, 20008 As part of the Backfll Agreement project, staff will develop a plan to notify residents and property owners along the truck route that will be used to transport the stockpiled dirt to the basin. It is expected that the transportation of dirt from the stockpiled areas to Demens Basin No. 2 will begin in June 2009 and will take approximately 3 months to complete. It is anticipated that the quantity of stockpiled material will be sufficient to fill the approximate 4 acre portion of Demens Basin No. 2. During the backfill dirt work project, should the Agency determine that there is not a sufficient amount of dirt to fill the 4 acre portion of the Basin, the Agency can prioritize the location of the fill work to the area of the Basin that is proposed to be used for a future fire station. This item is related to the approval of the Purchase and Sale Agreement between the Fire District, Flood Control District and the Agency; the approval of Amendment No. 3 to the Pass Thru Agreement between the City, Agency, and County; the approval of a Professional Services Contract with Dan Guerra & Associates as well as the environmental determination related to the backfill work. It is also requested as part of the approval of this agreement the Agency and City Council provides staff with the ability to make administrative changes, subject to legal counsel review, in order to clarify business points or consistency with the related documents. The Board of Supervisors is expected to act on this agreement on October 21, 2008. Respectfully Submitted, ~°c.rors~ ~. o8an.u-~ Linda D. Daniels Redevelopment Director Attachment: A -location of Demens No. 2 Basin B -location of stockpiled dirt EXHIBIT "A" P27 HLLLSIDE RD. p .r s ~ ~f -. ~.~.~.~ ~ .a- ..~.. ,.R..r .~..,.- ~,,c~. Q Z` Q'! ~' J "J `` W .-:. f ~~:. F,_ ~': i i LEGEND - Demens Basin No 2 Compaction Site !v i~{' E S ~j ,~_ ~ _:~~1yr, .. ~ .. ,{~' ..s: .: o 'Si`r ,~ .. t ,~ • °~ .~ ~ 4 ~ ~ rP l ~ ~ 'fr j m ~.' '~~. ~ #~. a ~.:_~ ~ '~rI~R.~ _ '` Apt ~. _ f~ ~'l~. (~ ~_. Y J1 ~' h M.I r _ ~. , .~:, 1~ # k I~+ k,~?~ri _ ?+ h. *~c`o to ~ r ii ,. ~.. ~.A '~ gar yr* ~. ri ~([ ~ -a ~, ~' ~ ~~ ~ , __, a ~ ~ E ~` ~;' ~ ~=fig , ~ ~~ ~ ~ 1 .~ ,~ "'f ~,,~ ~, T` d ,_ '-- .,r *~ -~ ~I ~~ ~ ".. ~~ F ~ , ~~`x ~ SAS o t s ~ 4- 5 ~ ^ _~~t. oO 5j[~QI ~.'~ iw r r °o ~ ~''-_' `" T ,711. ~ _-.' Cf6~ ~.~~F'.r-w -u~~,~ ~r ~~ K ~' ~': .. o ~I~ - !~ y ~' G ~ ~~ a _,~_~ .i„ "i~'- 1. ~ `III~~ yr.,.,. 1.- YfY¢~ ~'r ~•° ~i ~.. t ~~~r~ ~~ra ~}~Pt_"~'~+..+ y~~~ ~~ CnJk ~ i~P'~R,'„ 7_ a • ~ 4~~~ - i~L° - ~: /. ?~• } + 9 I 1 1~ .Mrs I - P29 d ~~ ~< .~~ aV 5 1 ~- O N v . . STAFF REPORT - REDEVELOPMENT AGENCY RANCHO Date: October 1, 2008 C,UCAMONGA To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager From: Linda D. Daniels, Redevelopment Director Subject: APPROVAL OF AMENDMENT NO. 3 TO THE PASS THRU AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND THE COUNTY OF SAN BERNARDINO TO RECOGNIZE THE TRANSPORTATION, FILL, COMPACTION AND GRADING USING STOCKPILED DIRT OWNED BY THE COUNTY TO A PORTION OF THE DEMENS BASIN NO. 2, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, SOUTH OF HILLSIDE ROAD, AS A QUALIFED PROJECT UNDER THE TERMS OF THE AGREEMENT RECOMMENDATION: Approve Amendment No. 3 to the Pass Thru Agreement between the City, Agency and County to recognize the transportation, fill, compaction and grading of dirt, as proposed under the Backfill Agreement, is a qualified project under the terms of the Agreement. BACKGROUND: The Redevelopment Agency, County of San Bernardino and the County's Flood Control District have identified the ability to surplus a portion of Demens Basin No. 2, which is generally located south of Hillside Road, on the west side of Hellman Avenue (see attachment A). The basin was originally constructed to retain water during storms. Through the development of additional flood control improvements, and expansion of Demens Basin No. 1 to the north, the basin is no longer required for storm water retention. The County Flood Control District currently owns two large stockpiled dirt areas, totaling approximately 116,000 cubic yards of dirt and fill material, near Demens Basin No. 1 and the Hillside Basin (see Attachment B). The County and Flood Control District want to use this stockpiled material to fill Demens Basin No. 2 so that the basin can be reclaimed and used for development purposes. The County, Flood Control District, City and Agency staffs have discussed the relocation of the stockpiled dirt to Demens Basin No. 2 and the benefit to the community that will result from filling the basin. P30 ANALYSIS: The purpose of this Amendment is to recognize the transportation, fill, compaction and grading of the stockpiled dirt to Demens Basin No. 2 as a qualified project under the terms of the Pass Thru Agreement in order to fund the project. P31 APPROVAL OF AMENDMENT NO. 3 TO THE PASS THRU AGREENLENT WITH THE PAG$ 2 COUNTY OF SAN BERNARDINO, CITY OF RANCHO CUCAMONGA, AND THE RANCHO CUCAMONGA REDEVELOMENT AGENCY OcTOSFx 1, 2008 This agenda item also appears on the City Council agenda, consent calendar. This item is also related to the approval of the Backfill Agreement between the Agency and the County Flood Control District; the Purchase and Sale Agreement between the Fire District, Flood Control District and the Agency; the approval of a consulting contract with Dan Guerra & Associates, as well as the environmental determination related to the backfill work. Respectfully Submitted, Linda D. Daniels Redevelopment Director Attachment: A -location of Demens No. 2 Basin B -location of stockpiled dirt EXHIBIT "A" LEGEND - Demens Basin No 2 Compaction Site N W E S P32 ~b O m w ~_ t K W P34 z~'~3 .+~-~'m< ~3'a. ~~ ae ~. CJ V- O N Q -F- STAFF REPORT _ REDEVELOPMENT AGEA'CY RANCHO Date: October 1, 2008 C,UCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam. AICP. Executive Director From: Linda D. Daniels, Redevelopment Director Subject: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAN GUERRA & ASSOCIATES AND A BUDGET APPROPRIATION IN THE AMOUNT OF $279,250 AND A 10% CONTINGENCY IN THE AMOUNT OF $27,930 TO BE FUNDED FROM 2502801-5650/1694 FOR DESIGN AND ADMINISTRATIVE SERVICES INCLUDING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE TRANSPORT, FILL, COMPACTION AND GRADING OF A PORTION OF DEMENS BASIN NO. 2, THE PREPARATION OF A LOT LINE ADJUSTMENT AND RELATED STREET IMPROVEMENT DEDICATIONS OR EASEMENTS, THE PROCESSING OF A CLOMR AND LOMR, AND RELATED TECHNICAL AND ADMINISTRATIVE SUPPORT IN SECURING REQURIED UTILITIES, STORM DRAIN AND WATER FACILITIES TO SERVICE THE BASIN PROPERTY RECOMMENDATION: Approve a Professional Services contract with Dan Guerra & Associates and the budget appropriation in the amount of $279,250 and a 10% contingency in the amount of $27,930 to be funding from account 2502801-5650(1694. BACKGROUND: The Redevelopment Agency, County of San Bernardino and the County's Flood Control District have identified the ability to surplus a portion of Demens Basin No. 2, which is generally located south of Hillside Road, on the west side of Hellman Avenue (see attachment A). The basin was originally constructed to retain water during storms. Through the development of additional flood control improvements, and expansion of Demens Basin No. 1 to the north, the basin is no longer required for storm water retention. The County Flood Control District currently owns two large stockpiled dirt areas, totaling approximately 116,000 cubic yards of dirt and fill material, near Demens Basin No. 1 and the Hillside Basin (see Attachment B). The County and Flood Control District want to use this stockpiled material to fill Demens Basin No. 2 so that the basin can be reclaimed and used for development purposes. The County, Flood Control District, City and Agency staffs have discussed the relocation of the stockpiled dirt to Demens Basin No. 2 and the benefit to the community that will result from filling a portion of the basin. P35 ANALYSIS: The proposed consulting services contract will enable the Agency to prepare the plans and specifications for the proposed dirt and backfill project, including the services of a geotechnical professional to provide recommendations for the project's specifications related to screening, P36 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAN GUERRA & ASSOCIATES OC"fOBGR 1.20008 oversize material conditions and the disposal of deleterious materials. The contract also includes the preparation of a Lot Line Adjustment and street improvement plans for the west side of Hellman Avenue and a proposed Street "A" that will extend west of Hellman Avenue. The Lot Line Adjustment is needed in order to create an approximate 1.16 acre parcel fronting on Hellman Avenue which is proposed to be developed as a future fire station facility. Additional work that will be provided by the consulting contract includes the preparation and processing of: storm drain improvement plans for proposed Street "A" and Hellman Avenue; a Water Quality Management Plan for the street and storm drain operations; water improvement plans for proposed Street "A"; and, a Conditional Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMR) with the Federal Government to have the basin removed from the flood zone area. This item is related to the approval of the Backfill Agreement between the Agency and the County Flood Control District; the Purchase and Sale Agreement between the Fire District, Flood Control District and the Agency; and the approval Amendment No. 3 to the Pass Thru Agreement between the City, Agency, and County, as well as the environmental determination related to the backfill work. Respectfully Submitted, I, Linda D. Daniels Redevelopment Director Attachment: A -location of Demens No. 2 Basin B -location of stockpiled dirt Exhibit "A" LEGEND - - Basin ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ Proposed Fire Station Site Compaction Site N 4V ~ s P37 a m .r x w P39 ~~ a iSl a g a~ €_ ~-- O N Q ~-- STAFF REPORT R~1NC[-f0 CUCADfONGd FIRE PROTECTION DISTRICT RANCHO Date: October 1, 2008 CjUCAMONGA To: Chairman and Members of the Redevelopment Agency President and Members of the Board of Directors Jack Lam, AICP, Executive Director From: Peter M. Bryan, Fire Chief Linda D. Daniels, Redevelopment Director By: Pamela Pane, Management Analyst I I Subject: APPROVAL OF A PURCHASE AND SALE AGREEMENT BETWEEN THE FIRE DISTRICT, COUNTY FLOOD CONTROL DISTRICT AND THE REDEVELOPMENT AGENCY WHICH PROVIDES FOR THE PURCHASE BY THE FIRE DISTRICT OF APPROXIMATELY 1.16 ACRES OF DEMENS BASIN II, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, SOUTH OF HILLSIDE ROAD, FOR $128,000, FUNDED FROM FIRE DISTRICT CAPITAL RESERVES FUND 3289501-5600 RECOMMENDATION It is recommended that the Redevelopment Agency Board and the Fire Board approve the Purchase and Sale Agreement (see Exhibit A) between the Fire District, County Flood Control District and the Redevelopment Agency which provides for the purchase by the Fire District of approximately 1.16 acres of Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road (see Exhibit B), for $128,000, funded from Fire District Capital Reserves Fund 3289501-5600. BACKGROUND/ANALYSIS The Fire District Strategic Plan, presented to the Fire Board on July 14, 2005, identified the need for a fire station in the northwest portion of the community. On December 20, 2006, the Fire Board directed staff to proceed with plans for the proposed Hellman Fire Station (177) at a location on surplus flood control property, the Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road. At that time the Redevelopment Agency and the Fire District began negotiations with the San Bernardino County Flood Control District. The attached Purchase and Sale Agreement with the San Bernardino County Flood Control District establishes the terms and conditions for the District's purchase of approximately 1.16 acres in the northeastern portion of Demens Basin II for the total price not to exceed $128,000. The construction of the Hellman Fire Station (177) will serve the northwestern Rancho Cucamonga community, providing the area with the timely delivery of emergency services for fire suppression and life safety. Upon approval of the Purchase and Sale Agreement, the Fire District will proceed with the Fire Station environmental work, site design, and building design plans. P40 P41 AI'I'ROVI\L OF'rl-IE PURCHASE AND $ALE AGREI£t,1EN'1' BF; 1'IXTEN 'PIiE FIRE, DIS'IRIC'I', PAGE 2 REDEVL'LOPb1EN'CAGENCY, AND COUNTY FLOOD COA''PROL DISTRICT OCfONER 1, ?008 As part of the design and environmental review process for the fire station, the Fire District and its design team will invite surrounding property owners and interested parties to participate in the design process in order to provide feedback regarding the project. Many of the fire stations that the District currently operates from are adjacent to residential neighborhoods, and the District has successfully identified methods to reduce the impacts of a fire station operation on the neighborhood. At the neighborhood meeting the District will have the opportunity to explain how the station operations will integrate with the residential environment, as well as the District's concepts for site and building design and landscaping. At the December 20, 2006, Council Meeting the Alta Loma Riding Club spoke during public comments to support the proposed location. This Purchase and Sale Agreement is related to, and contingent upon, the approval of Amendment No. 3 to the Pass Thru Agreement between the City, Agency, and County; the approval of a Backfill Agreement between the Redevelopment Agency and the County Flood Control District, the approval of a Professional Services Contract with Dan Guerra & Associates as well as the environmental determination related to the backfill work which are also included on the agenda for this meeting. It is also requested as part of the approval of this agreement the Agency and City Council provides staff with the ability to make administrative changes, subject to legal counsel review, in order to clarify business points or consistency with the related documents. The Board of Supervisors is expected to act on this agreement on October 21, 2008. Respectfully submitted, P.tray-~ Peter M. Bryan Fire Chief Linda Daniels Redevelopment Director Attachment: Exhibit A -Purchase and Sale Agreement Exhibit B -Proposed Fire Station Site EXHIBIT 'A' PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (the "Agreement") is dated as of , 2008 (the "Execution Date"), and is entered into by and between the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ("District) and RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ("Buyer"). RECITALS A. District is the owner of that certain property (fee simple interest), more commonly known as Demens Basin II, with a total of 7.18 acres (Assessor's Parcel Number 1061-621-03), lying on the westerly side of Hellman Road, south of Hillside Avenue in the City of Rancho Cucamonga, as shown on the attached Exhibit "A" and all existing improvements thereon, if any (collectively, the "Property"). B. District has determined the Property to be surplus to its needs and is authorized to sell all or a portion of the Property to Buyer for fair market value in accordance with the San Bernardino County Flood Control Act, Water Code Appendix 43-6 and Section 25363 of the Government Code of the State of California. C. Buyer desires to acquire a 1.16-acre portion of the Property, net of the ultimate road right-of-way, from the northeasterly corner for development of a Fire Station ("Fire Station Site") as described in Exhibit "B" and District has agreed to accept, a purchase price of One Hundred and Twenty-Eight Thousand Dollars ($128,000) for the Fire Station Site upon completion of the site work and elimination of the flood plain designation, and subject to the conditions set forth herein. D. The parties acknowledge that District is entering into a separate agreement ("Backfill Agreement") with the Rancho Cucamonga Redevelopment Agency ("RCRDA") that pertains to an approximate four acre portion of the Property ("Compaction Site"), which includes the proposed Fire Station Site. Under the Backfill Agreement, RCRDA will, at RCRDA's sole expense, using District stockpiled soils as fill, compact and rough-grade the Compaction Site for future development, including the Fire Station Site. The balance of the Property will remain in its natural state and continue to convey storm flows until further drainage improvements are constructed. E. Both District and Buyer acknowledge that the Backfill Agreement and a "Pass Through Amendment Agreement (Amendment No. 3 to County Agreement No. 82-171)" must be approved prior to or in conjunction with this Agreement for this Agreement to be executed. Section 1.01. Sale of the Fire Station Site and Conditions for Transfer of the Fire Station Site. (a) Subject to all of the terms, conditions and provisions of this Agreement and for the consideration set forth below, District hereby agrees to convey and transfer to Buyer and Buyer hereby agrees to acquire all of the right, title and interest of District in and to the property identified herein as the Fire Station Site and as shown on Exhibit "B". (b) The Fire Station Site will be conveyed to Buyer at the Close of Escrow described in Section 1.05. P42 1 of 12 P43 (c) The total consideration to be paid by Buyer for the acquisition of the Fire Station Site shall be Five Hundred and Eighty Thousand Dollars ($580,000). The amount to be paid to District will not include the cost for Buyer to construct agreed-upon street improvements ("Street Work") on District's remaining Property fronting Hellman Avenue, and less half the cost to construct Street "A" (Construction Credit"). The Construction Credit is estimated to be Four Hundred and Fifty Two Thousand Dollars ($452,000) resulting in a total net consideration to be paid to District of One Hundred Twenty Eight Thousand Dollars ($128,000) ("Purchase Price"). (d) In the event the Buyer's share of the cost to do the Street Work exceeds the estimate of Four Hundred and Fifty Two Thousand Dollars ($452,000), District agrees to examine the actual costs and if agreed upon by the District, District will reduce the Purchase Price by the amount of the increase in the Construction Credit . But the Construction Credit amount cannot exceed the amount of the total consideration for the Fire Station Site of Five Hundred and Eighty Thousand Dollars ($580,000). (e) Buyer hereby covenants to perform the Street Work, including the entire Street "A," after the Close of Escrow. (f) In the event Buyer fails to complete the purchase of the Fire Station Site by paying One Hundred and Twenty Eight Dollars ($128,000), or such other reduced amount in accordance with subsection (d), above, by the latest date for the close of escrow for any reason other than a default by the District, then the Buyer shall have no right to seek specific performance or damages including, but not limited to, incidental, consequential and punitive damages. (g) In the event Buyer fails to complete the purchase due to a default by Buyer, then the District may terminate this Agreement and District shall have no right to seek additional damages including, but not limited to, incidental, consequential and punitive damages. (h) The effective date of this Agreement will be the date on which this Agreement is approved by the Board of Directors of the District. (i) Within sixty (60) days after the Close of Escrow, District shall at District's sole cost and expense, install reasonable soil and erosion control, and reasonable access restriction (such as placement of large boulders and "no trespassing" signs) (the "Post-Closing Improvements") on the Compaction Remainder Site and the Basin Remainder site, and shall thereafter maintain the Post-Closing Improvements at District's sole cost and expense in good and safe condition and repair. District should also otherwise maintain the Compaction Remainder Site and Basin Remainder Site (including, without limitation, all slopes) in good and safe condition and repair (including, without limitation, graffiti removal and weed removal and erosion control) even if the Site Preparation Work has not been completed due to the inadequacy of the stockpiled soil described in the Backfill Agreement. The provisions of this Section shall survive the Close of Escrow. Q) District will cooperate with Buyer in identifying appropriate locations for a construction trailer and issuing a permit (at no cost to Buyer) for such a trailer. Section 1.02. Opening of Escrow. (a) The transfer and sale of the Fire Station Site shall take place through escrow (the "Escrow"), administered by Golden State Escrow, Inc., 1421-1 East Cooley Drive, Colton, CA 2of12 P44 92324, Attn: Kellie J. Saxton (Phone: 909/777-3500) ("Escrow Holder"). The Escrow for the Fire Station Site shall be deemed open ("Opening of Escrow") upon the receipt by the Escrow Holder of a copy of this Agreement executed by District and Buyer. District and Buyer shall open escrow within six (6) months after approval of this Agreement by the Board of Directors of the District. (b) If this Agreement or Escrow is terminated by District for any reason except the Buyer's default, District shall be solely responsible to the Escrow Holder for payment of all customary and reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder, and the parties shall each be relieved and discharged from all further responsibility or liability under this Agreement. If this Agreement or Escrow is terminated due to Buyer's default, then Buyer shall be solely responsible for the payment of the escrow cancellation costs of the Escrow Holder without further or separate instruction, and the parties shall each be relieved and discharged from all further responsibility or liability under this Agreement. Section 1.03. Escrow Instructions. District and Buyer each agree to execute and deliver to the Escrow Holder the customary supplemental written escrow instructions (consistent with the terms of this Agreement) of the Escrow Holder. In the event of a conflict between the additional terms of such customary supplemental escrow instructions of the Escrow Holder and the provisions of this Agreement, this Agreement shall supersede and be controlling. Upon any termination of this Agreement or cancellation of the Escrow, except as results from the default of District, Buyer shall be solely responsible for the payment of the escrow cancellation costs of the Escrow Holder. Section 1.04. Contingencies to Closing. (a) Buyer shall obtain a title report and copies of the title exception documents, which Buyer may accept or reject in part or in total. Buyer, at its sole discretion, may terminate this Agreement at any time if any or all title exceptions are not acceptable to Buyer in its good faith discretion. (b) District shall assist and cooperate with Buyer in endeavoring to remove title exceptions unacceptable to Buyer, but District shall have no obligation to cause such objections to be removed or to expend any sums in such endeavor, except that District shall remove all monetary liens and encumbrances created by or as a result of District's activities. (c) District covenants not to further encumber and not to place any further liens or encumbrances on the Fire Station Site, including, but not limited to, covenants, conditions, restrictions, easements, liens, options to purchase, rights of first offer options to lease, leases, tenancies, or other possessory interest. District also covenants not to authorize any other person or entity to take any action that adversely affects the physical condition of the Fire Station Site or its soils to any material extent. (d) Buyer shall accept the delivery of possession of the Fire Station Site (including but not limited to, subterranean structures and soil conditions), in the proposed condition inclusive of compacted fill to street grade and removal of the flood plain designation, but otherwise "AS IS," "WHERE IS" and "SUBJECT TO ALL FAULTS" condition. Buyer hereby acknowledges that it has relied solely upon its own investigation of the Fire Station Site and its own review of such information and documentation as it deems appropriate. Buyer is not 3of12 P45 relying on any statement or representation by DISTRICT, any employee, official or consultant DISTRICT relating to the condition of the Fire Station Site. DISTRICT makes no representations or warranties as to whether the Fire Station Site presently complies with environmental laws nor whether it will comply after completion of the activities by RCRDA under the Backfill Agreement. Furthermore, to the extent that DISTRICT has provided Buyer with information relating to the condition of the Fire Station Site, DISTRICT makes no representation or warranty with respect to the accuracy, completeness or methodology or content of such reports or information. (e) Buyer, on behalf of itself and its successors, waives and releases District and its successors ahd assigns from any and all costs or expenses whatsoever (including, without limitation, attorneys' fees and costs), whether direct or indirect, known or unknown ,foreseen or unforeseen, arising from or relating to any of the following matters and conditions relating to the Fire Station Site which exist as of the date of the applicable Close of Escrow: the physical condition of the Fire Station Site, the condition of the soils, including the soils use to fill the Compaction Site or the Fire Station Site, the suitability of the soils for the improvement of any proposed project, the activities of the RCRDA under the Backfill Agreement on the Compaction Site or the Fire Station Site, the natural condition of the Property, or any law or regulation applicable thereto. (f) Buyer expressly waives any rights or benefits available to it with respect to the foregoing release under any provision of applicable law which generally provides that a general release does not extend to claims which the creditor does know or suspect to exist in his or her favor at the time the release is agreed to, which, if known to such creditor, would materially affect a settlement. By execution of this Agreement, Buyer acknowledges that it fully understands the foregoing, and with this understanding, nonetheless elects to and does assume all risk for claims known or unknown, described in this Section 1.04 without limiting the generality of the foregoing: The undersigned acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY, AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The undersigned, being aware of this Code section, hereby expressly waives any rights it may have thereunder, as well as under any other statutes or Common law principles of similar effect. Initials of Buyer: (g) The provisions of this Section 1.04 shall survive the Close of Escrow, and shall be binding upon Buyer. (h) DISTRICT and Buyer hereby acknowledge that the Close of Escrow is contingent upon Buyer securing funds for the specific purpose of acquiring the Fire Station Site. DISTRICT and Buyer hereby agree that if said funds are not secured, obtained and wire transferred to Escrow Holder at least twenty-four (24) hours prior to the Close of Escrow, either DISTRICT or 4of12 P46 Buyer may cancel the Escrow; provided, however, that DISTRICT and Buyer may mutually agree to extend the date for the Close of Escrow by executing an amendment to the escrow instruction of Escrow Holder setting forth such mutually agreed upon new date for the Close of Escrow. Section 1.05. Close of Escrow (a) As used herein, "Close of Escrow' means and refers to the date on which the conditions set forth in this Agreement for the close of Escrow for the transfer of the Fire Station Site have been satisfied, and the Deed is recorded by the Escrow Holder. (b) The Fire Station Site shall be transferred to Buyer at the Close of Escrow, provided that within the periods of time set forth in this Agreement: (i) Neither District nor Buyer have terminated this Agreement, (ii) Buyer has accepted the Deed, and (iii) all other conditions of the Close of Escrow set forth in this Agreement have been met and Buyer has paid, or caused to be paid to the Escrow Holder all applicable escrow costs relating to such closing. (c) The Close of Escrow shall occur no later than thirty (30) days after the later of (i) Buyer's completion of its due diligence during the Due Diligence Period described in Section 1.08 or (ii) the satisfaction of condition 1.09(e) below; provided, however, that the Close of Escrow shall occur not later than twenty-four (24) months after of the Opening of Escrow (as defined in Section 1.02, above) unless agreed upon by the parties in writing. (d) Upon the Close of Escrow, the RCRDA shall reimburse District for up to $10,000 of District's actual, documented out of pocket costs for third party consultants (not District's staff) in connection with the work described in the Backfill Agreement. Section 1.06. Conveyance of Title. On or before the day designated by Buyer as the date for the Close of Escrow date (the "Closing Date"), District shall deliver to the Escrow Holder in recordable form the grant deed in form attached hereto as Exhibit "C" (the "Deed") (duly executed and acknowledged by District), which Deed shall relinquish all of its right, title and interest of District in the Fire Station Site to Buyer, respectively. The Escrow Holder shall be instructed to record the Deed in the Recorder's Office of San Bernardino County, California, if and when the Escrow Holder holds the funds for the District as set forth herein and can obtain for Buyer, if requested, a CLTA (or if elected by Buyer, ALTA) owner's policy of title insurance ("Title Policy") issued by a Title Insurance Company (the "Title Company') acceptable to Buyer with liability in an amount equal to the Purchase Price (as adjusted under Section 1.01(d)) together with such endorsements to the policy as may be reasonably requested by Buyer, insuring that fee title to the Fire Station Site is vested in Buyer, free and clear of options, rights of first refusal or other purchase rights, leases or other possessory interests, lis pendens and monetary liens and/or encumbrances and subject only to: (1) non-delinquent real property taxes; (2) easements in and to and over the Fire Station Site that have been approved by Buyer; (3) such other title exceptions, if any, resulting from documents previously recorded or being recorded or delivered through Escrow that are approved by Buyer; 5of12 P47 Section 1.07. Closinq Costs. Possession. (a) Buyer shall pay the premium for its title insurance, cost of the Survey and all requested CLTA or ALTA endorsements, the cost of recording the Deed and any documentary or other transfer taxes payable on account of the conveyance of the Fire Station Site to Buyer. (b) Buyer shall pay the Escrow Holder's charges and fees. (c) Buyer shall be entitled to exclusive possession of the Fire Station Site immediately upon the Close of Escrow and compliance with Sections 1.05 and 1.06. Section 1.08. Due Diligence Period Other Pre-Closinq Requirements/Deadlines. (a) Within fourteen (14) business days after the Opening of Escrow, District shall provide to Buyer any and all documents, studies and reports relating to the condition of the Basin, including surveys and environmental site assessments, in District's possession, if any. District shall provide to Buyer, as soon as reasonably available, but in no event later than ninety (90) days after the Opening of Escrow, a National Hazards Disclosure Statement under California Civil Code Section 1103.2. (b) By the date that is thirty (30) days after Buyer receives approved plans from the District for the work under the Backfill Agreement, Buyer agrees to file the necessary paperwork with the Federal Emergency Management Agency ("FEMA") requesting a review of the flood hazard determination on the Compaction Site and which will support issuance of a Conditional Letter of Map Revisions ("CLOMR"); upon completion of the site work on the Compaction Site and in particular, the Fire Station Site, Buyer agrees to request that FEMA issue a LOMR for a final determination on the flood hazard condition of the Compaction Site, and in particular, the Fire Station Site. It is understood by District that fees associated with the backfill work will be absorbed by RCRDA as detailed in the Backfill Agreement. The District will cooperate in filing the necessary paperwork. (c) By the date that is three (3) calendar months after Buyer delivers to District a description of the easement area, District shall grant an easement for the ultimate rights of way for Hellman Avenue and Hillside Avenue to the City of Rancho Cucamonga for inclusion into the city's street maintenance system. (d) By the date that is three (3) calendar months after Buyer delivers to District a description of the easement area, District shall grant an easement for the necessary right of way for a proposed cul-de-sac street from Hellman Avenue to the Compaction Site (Street "A" as shown in Exhibit "D"), the location, length, width, and design to be determined by mutual agreement between District, San Bernardino County Transportation Division, and the Buyer in accordance with cul-de-sac street design standards in the Municipal Code for the City of Rancho Cucamonga for residential subdivision and for suitable use for access to the Fire Station Site for its intended use. (e) Buyer and its agents and contractors, subject to obtaining a permit from the District, shall have the right to enter the Compaction Site/Fire Station Site and inspect the Fire Station Site and make tests, investigations and studies (such as surveys, Phase I and Phase II environmental investigations, and soils reports) as Buyer requires, and in the event Buyer determines that any aspect of the Fire Station Site is not acceptable, Buyer may terminate this Agreement by written notice to District. 6of12 P48 (f) Buyer will file and record the Lot Line Adjustment for the Fire Station Site in accordance with the Legal Description contained in Exhibit "B" and District shall cooperate with Buyer in completing the Lot Line Adjustment process. Section 1.09. Buyer's Contingencies The Close of Escrow and Buyer's obligation to purchase the Fire Station Site are subject to the following conditions precedent for the benefit of Buyer (which may be waived by Buyer, but only by an express written waiver executed by the City Manager of the City of Rancho Cucamonga or his designee) on or before the close of escrow. (a) District shall have formally determined and declared in writing that the Fire Station Site is no longer required for flood control purposes. (b) FEMA shall have issued a CLOMR and shall have provided a copy thereof to Buyer. (c) Buyer's obtaining a written commitment by Title Company to issue Title Policy. (d) Prior to the end of the Due Diligence Period, Buyer's verifying that no laws, subdivision restrictions or regulations of any lawful governmental authority having jurisdiction over the Fire Station Site exist which will adversely affect or impair Buyer's intended use and development of the Fire Station Site as a fire station facility. (e) The issuance of final unappealable approvals of any planning or zoning commission and any legislative body with jurisdiction over the Fire Station Site of appropriate and necessary plat and subdivision maps, CEQA approvals, permits (except for an occupancy permit) and property zoning and development plan(s) permitting Buyer's intended development of the Fire Station Site, including without limitation, obtaining approval for a Lot Line Adjustment that ensures that the Fire Station Site is a legal, subdivided lot. (f) Completion of the lot line adjustment described in Section 1.10(b) below. (g) Completion of the site work on the Compaction Site area by the RCRDA pursuant to the separate Backfill Agreement between the District and the RCRDA. (h) That as of the close of Escrow, the representations and warranties of District contained in this Agreement are all true and correct and District is not in default under this Agreement. In the event that any of the foregoing conditions have not been either timely satisfied or expressly waived in writing by Buyer, then Buyer may terminate this Agreement by written notice to District at any time prior to the Close of Escrow. Section 1.10. District's Contingencies The Close of Escrow and District's obligation to sell the Fire Station Site to the Buyer is subject to the timely satisfaction of the following conditions: (a) The representations and warranties of Buyer contained in this Agreement are all true and correct in all material respects of the Close of Escrow, and Buyer is not in default under this Agreement. 7of12 P49 (b) The recording of a Lot Line Adjustment that results in the Fire Station Site being a separate, subdivided lot. (c) Completion of the Site Preparation Work on the Compaction Site area by the RCRDA pursuant to the separate Backfill Agreement between the District and the RCRDA. Section 1.11. Representations and Warranties. (a) District hereby makes the following representations, covenants and warranties: (1) Power and Authority. District has the legal power, right and authority to enter into this Agreement and to execute the instruments and documents referenced herein, and to consummate the transaction contemplated hereby. (2) Requisite Action. District has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) Enforceability of Agreement. The persons executing this Agreement and any instrument or document referenced herein have been duly authorized to so and this Agreement and any such instrument or document is valid and legally binding on District and enforceable in accordance with their respective terms. (4) No Litigation. There is no pending or, to the best of District's knowledge, threatened claims, action, allegations or lawsuit of any kind, whether for personal injury, property damage, property taxes, or otherwise, that could affect the Fire Station Site. (5) No Violation. Neither the execution of this Agreement or the other instruments and documents referenced herein nor the performance by District of its obligations hereunder and thereunder shall to the best of the Districts' knowledge result in a breach or constitute a default under any agreement, document, instrument or other obligation to which District is a party or by which District may be bound or under law, statute, ordinance, rule, governmental regulation, state constitution, or any writ, injunction, order or decree of any court or governmental body applicable to District. (6) Operation and Condition Pending Closing. Between the date of this Agreement and the Close of Escrow hereunder, District will continue to manage, operate and maintain the Property in the same manner as existed prior to the execution of this Agreement. (7) Contracts. There are no contracts or agreements to which District is a party relating to the operation, maintenance, development, improvement, ownership or use of the Fire Station Site which will survive the Close of Escrow. All representations and warranties contained in this Section 1.11(a) are true and correct on the date hereof and on the Closing Date and shall survive the Close of Escrow. (b) Warranties and Reoresentations by Buyer. Buyer hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by District has been made in material reliance by District on such covenants, representations and warranties: Sof12 P50 (1) Power and Authority. Buyer has the legal right, power and authority to enter into this Agreement and the instruments and documents referenced herein and to consummate the transactions contemplated hereby. The persons executing this Agreement and such other instruments as may be referenced herein on behalf of Buyer hereby represent and warrant that such persons have the power, right and authority to bind Buyer. (2) Requisite Action. Buyer has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) Enforceability of Agreement. This Agreement is, and all instruments and documents to be executed by Buyer pursuant to this Agreement shall be, duly executed by and are or shall be valid and legally binding upon Buyer and upon its successors, administrators and assigns and enforceable in accordance with their respective terms. (4) No Violation. Neither the execution of this Agreement nor the consummation of the transaction contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument or other obligation to which Buyer is a party or by which Buyer may be bound, or under law, statute, ordinance, rule, governmental regulation, state Constitution, or any writ, injunction, order or decree of any court or governmental body applicable to Buyer. All representations and warranties contained in this Section 1.11(b) are true and correct on the date hereof and on the Closing Date and shall survive the Close of Escrow. Section 1.12. Conflict of Interest. No member, official or employee of either party having any conflict of interest, direct or indirect, related to.this Agreement and the use and development of the Fire Station Site shall participate in any decision relating to the Agreement. The parties represent and warrant that they do not have knowledge of any such conflict of interest. Section 1.13. Nonliability of Officials and Employees. No officer, official or employee of either party shall be personally liable to the other, or any successor in interest of such other party, in the event of any default or breach or for any amount which may become due hereunder, or on any obligations under the terms of this Agreement. Section 1.14. Indemnification. Buyer agrees to indemnify, defend (with counsel reasonably approved by District) and hold District and its officers, employees, volunteers and agents harmless from and against any and all claims, actions, losses, and/or liability and for any damages, judgments, costs, expenses, attorney's fees and/or liability arising out of this Agreement that arise as the result of Buyer's investigations of the Fire Station Site or from any future environmental action, claim or environmental enforcement action including any agency administrative fines, after the Close of Escrow that is based on any hazardous substance, as defined by state or federal laws, on the Fire Station Site as of the date hereof or consent by buyer, or any other conditions of the Fire Station Site as of the date hereof. Buyer's indemnification obligation applies regardless of the existence or degree of fault of the indemnitee. Nothing in this provision shall be construed to 9of12 P51 require the Buyer to indemnify the indemnitee for the indemnitee's active negligence. District shall give Buyer written notice of the occurrence of a claim, litigation or other matters for which District seeks indemnity under this Section as promptly as practicable following District's knowledge of the occurrence of such matter and District shall reasonably cooperate with Buyer in the defense of any such claim or matter and shall not take any action that would adversely affect Buyer's defense of such matter. Section 1.15. Miscellaneous. (a) This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and together shall constitute one and the same agreement, with one counterpart being delivered to each party hereto. (b) All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, provided that if the date or last date to perform any act or give any notice with respect to this Agreement shall fall on a Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday. (c) The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid or illegal. (d) This Agreement and the exhibits attached hereto constitute the entire understanding and Agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the Fire Station Site. (e) The headings to the paragraphs of this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not in any way affect its interpretation. Whenever used herein, the term "including" shall be deemed to be followed by the words "without limitation." (f) As this Agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. (g) This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law principles. The parties agree that any action brought by any party to this Agreement will be in the Central Court of San Bernardino County Superior Court. If any action is brought by a third party, the parties agree to use their best efforts to have such action heard in the Central Court of the San Bernardino County Superior Court. (h) Each party shall execute and deliver such other reasonable documents requested by the other party or by Escrow Holder to consummate the transactions described herein. Section 1.17 Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party, or to any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, request, consent, 10 of 12 P52 approval, or communication that either party desires or is required to give to the other party shall be addressed to the other parry at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) working days from the time of mailing if mailed as provided in this section. District's Address: San Bernardino County Flood Control District Attn: Vana R. Olson, Flood Control Engineer 825 East Third Street San Bernardino, CA 92415-0835 Buyer's Address: Rancho Cucamonga Fire Protection District Attn: Peter M. Bryan, Fire Chief 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 11 of 12 P53 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first set forth above. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By: Paul Biane, Board Chairman RANCHO CUCAMONGA FIRE PROTECTION DISTRICT By: Print Name: Title: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: Dena M. Smith, Secretary APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation Bruce W. Galloway, Esq. SECTION 1.05(d) AGREED TO BY: RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: Print Name: Title: as Counsel Date Rev 080307 Ooc #21J3578 rteviewec oy ~on[ract ~ompiiance Date to Date 12 of 12 P54 Exhibit "B" LEGEND ~- Basin ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ Proposed Fire Station Site Compaction Site ;v u~< ~~~r s RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Asenda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272574 9/10/2008 ADAMSON INDUSTRIES 1,589.64 AP - 00272580 9/10/2008 ALL CITIES TOOLS 111.90 AP - 00272580 9/10/2008 ALL CITIES TOOLS 33.00 AP - 00272583 9/10/2008 ALLSTAR FIRE EQUIPMENT INC 21,151.33 AP - 00272583 9/10/2008 ALLSTAR FIRE EQUIPMENT INC 408.11 AP - 00272584 9/10/2008 AMERICAN APPLIANCE REPAIR 194.65 AP - 00272584 9/10/2008 AMERICAN APPLIANCE REPAIR 215.43 AP - 00272588 9/10/2008 APPLE ONE EMPLOYMENT SERVICES 303.65 AP - 00272588 9/10/2008 APPLE ONE EMPLOYMENT SERVICES 820.13 AP - 00272588 9/10/2008 APPLE ONE EMPLOYMENT SERVICES 391.80 AP - 00272588 9/10/2008 APPLE ONE EMPLOYMENT SERVICES 1,215.00 AP - 00272588 9/10/2008 APPLE ONE EMPLOYMENT SERVICES 607.50 AP - 00272588 9/10/2008 APPLE ONE EMPLOYMENT SERVICES 391.80 AP - 00272604 9/10/2008 BARTEL ASSOCIATES LLC 575.00 AP - 00272611 9/10/2008 BICONDOVA, JOHN 130.00 AP - 00272611 9/10/2008 BICONDOVA, JOHN 160.00 AP - 00272625 9/10/2008 CARSON, DANIEL 125.00 AP - 00272625 9/10/2008 CARSON, DANIEL 180.00 AP - 00272629 9/10/2008 CHEMSEARCH 298.40 AP - 00272633 9/10/2008 CLOUGHESY, DONALD 34.47 AP - 00272646 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP - 00272660 9/10/2008 ELAN CREATIVE 1,000.00 AP - 00272670 9/10/2008 FEDERAL SIGNAL CORPORATION 184.47 AP - 00272681 9/10/2008 GENERAL SERVICES ADMIN. 4,482.72 AP - 00272681 9/10/2008 GENERAL SERVICES ADMIN. -911.98 AP - 00272681 9/10/2008 GENERAL SERVICES ADMIN. 217.60 AP - 00272700 9/10/2008 HOYT LUMBER CO., SM 11.63 AP - 00272728 9/10/2008 LAWSON PRODUCTS INC 417.99 AP - 00272728 9/10/2008 LAWSON PRODUCTS INC 170.37 AP - 00272730 9/10/2008 LIFE ASSIST INC 332.48 AP - 00272730 9/10/2008 LIFE ASSIST INC 1,048.91 AP - 00272730 9/10/2008 LIFE ASSIST INC 168.60 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 50.33 AP - 00272738 9/10/2008 LOWES COMPANIES INC. -22.50 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 10.30 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 82.90 AP - 00272738 9/10/2008 LOWES COMPANIES INC. -22.50 AP - 00272740 9/10/2008 MALLORY CO 2,250.00 AP - 00272761 9/10/2008 OFFICE DEPOT 13.49 AP - 00272761 9/10/2008 OFFICE DEPOT 124.88 AP - 00272772 9/10/2008 PIT STOP EMBROIDERY AND SCREEN PRINT 135.77 AP - 00272780 9/10/2008 QUALITY TRUCK ELECTRIC INC 243.00 AP - 00272786 9/10/2008 RAULS AUTO TRIM INC 168.88 AP - 00272804 9/10/2008 SCOTT MCLEOD PLUMBING INC 741.20 AP - 00272819 9/10/2008 SOUTHERN CALIFORNIA EDISON 1,287.45 AP - 00272819 9/10/2008 SOUTHERN CALIFORNIA EDISON 420.78 AP - 00272842 9/10/2008 VALLEY POWER SYSTEMS INC 40.48 AP - 00272845 9/10/2008 VERIZON BUSINESS 8.00 AP - 00272854 9/10/2008 VERIZON WIRELESS - LA 35.32 AP - 00272854 9/10/2008 VERIZON WIRELESS - LA 35.34 AP - 00272856 9/10/2008 VERIZON 43.10 AP - 00272856 9!10/2008 VERIZON 33.89 AP - 00272856 9/10/2008 VERIZON 101.70 AP - 00272856 9/10/2008 VERIZON 101.70 P55 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:29:3 RANCI-IO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272864 9/10/2008 WAXIE SANITARY SUPPLY 120.89 AP - 00272864 9/10/2008 WAXIE SANITARY SUPPLY 72.72 AP - 00272864 9/10/2008 WAXIE SANITARY SUPPLY 96.33 AP - 00272864 9/10/2008 WAXIE SANITARY SUPPLY 218.16 AP - 00272864 9/10/2008 WAXIE SANITARY SUPPLY 170.00 AP - 00272864 9/10/2008 WAXIE SANITARY SUPPLY 120.89 AP - 00272864 9/10/2008 WAXIE SANITARY SUPPLY 145.44 AP - 00272875 9/10/2008 XEROX CORPORATION 159.00 AP - 00272875 9/10/2008 XEROX CORPORATION 99.13 AP - 00272884 9/17/2008 AIRGAS WEST 348.58 AP - 00272884 9/17/2008 AIRGAS WEST 686.40 AP - 00272884 9/17/2008 AIRGAS WEST 213.60 AP - 00272884 9/17/2008 AIRGAS WEST 315.36 AP - 00272884 9/17/2008 AIRGAS WEST 100.95 AP - 00272884 9/17/2008 AIRGAS WEST 82.97 AP - 00272884 9/17/2008 AIRGAS WEST 55.69 AP - 00272884 9/17/2008 AIRGAS WEST 55.90 AP - 00272884 9/17/2008 AIRGAS WEST 69.33 AP - 00272884 9/17/2008 AIRGAS WEST 76.15 AP - 00272914 9/17/2008 CADET UNIFORM SERVICE 277.50 AP - 00272914 9/17/2008 CADET UNIFORM SERVICE 275.12 AP - 00272914 9/17/2008 CADET UNIFORM SERVICE 220.91 AP - 00272914 9/17/2008 CADET UNIFORM SERVICE 162.93 AP - 00272914 9/17/2008 CADET UNIFORM SERVICE 275.32 AP - 00272914 9/17/2008 CADET UNIFORM SERVICE 203.09 AP - 00272914 9/17/2008 CADET UNIFORM SERVICE 188.94 AP - 00272938 9/17/2008 COMEAU, CHAD 40.73 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 140.34 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 253.50 AP - 00272970 9/17/2008 FAIRA 3.127.60 AP-00272970 9/17/2008 FAIRA 3,127.60 AP - 00272970 9/17/2008 FAIRA 781.90 AP - 00272970 9/17/2008 FAIRA 781.90 AP - 00272984 9/17/2008 FRANKLIN TRUCK PARTS 513.41 AP - 00272988 9/17/2008 GENERAL SERVICES ADMIN. 3,510.00 AP - 00272992 9/17/2008 GRACIANO, TAMMIE 102.35 AP - 00273005 9/17/2008 HOYT LUMBER CO., SM 4.54 AP - 00273005 9/17/2008 HOYT LUMBER CO., SM 42.22 AP - 00273005 9/17/2008 HOYT LUMBER CO., SM 23.61 AP - 00273009 9/17/2008 IAEM 170.00 AP - 00273015 9/] 7/2008 INTERSTATE BATTERIES 432.61 AP - 00273017 9/17/2008 JONES AND MAYER, LAW OFFICES OF 891.00 AP - 00273024 9/17/2008 KME FIRE APPARATUS 1,219.74 AP - 00273024 9/17/2008 KME FIRE APPARATUS 952.24 AP - 00273028 9/17/2008 LIEBERT CASSIDY WHITMORE 5,643.30 AP - 00273028 9/17/2008 LIEBERT CASSIDY WHITMORE 351.00 AP - 00273028 9/17/2008 LIEBERT CASSIDY WHITMORE 82.95 AP - 00273030 9/17/2008 LN CURTIS AND SONS 2,440.81 AP - 00273030 9/17/2008 LN CURTIS AND SONS 1,197.64 AP - 00273030 9/17/2008 LN CURTIS AND SONS 96.98 AP - 00273030 9/17/2008 LN CURTIS AND SONS 42.03 AP - 00273030 9/17/2008 LN CURTIS AND SONS 603.40 AP - 00273030 9/17/2008 LN CURTIS AND SONS 22.09 AP - 00273030 9/17/2008 LN CURTIS AND SONS -697.68 P56 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:29:3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00273037 9/17/2008 MARLINK AS 117.00 AP - 00273045 9/17/2008 MOLINA, GINA 89.00 AP - 00273055 9/17/2008 NORTH NET FIRE TRAINING CENTER 300.00 AP - 00273055 9/17/2008 NORTH NET FIRE TRAINING CENTER 300.00 AP - 00273059 9/17/2008 OFFICE DEPOT 101.06 AP - 00273059 9/17/2008 OFFICE DEPOT 30.60 AP - 00273059 9/17/2008 OFFICE DEPOT 213.35 AP - 00273079 9/17/2008 QUALITY TRUCK ELECTRIC INC 653.40 AP - 00273089 9/17/2008 RRM DESIGN GROUP 29.32 AP - 00273094 9/17/2008 SAN BERNARDINO COUNTY 33.00 AP - 00273111 9/17/2008 SNAWDER, DOUG 300.00 AP - 00273112 9/17/2008 SORENSEN, SCOTT D 629.06 AP - 00273135 9/17/2008 UNIFIRST UNIFORM SERVICE 53.82 AP - 00273135 9/17/2008 UNIFIRST UNIFORM SERVICE 53.82 AP - 00273135 9/17/2008 UNIFIRST UNIFORM SERVICE 53.82 AP - 00273135 9/17/2008 UNIFIRST UNIFORM SERVICE 53.82 AP - 00273143 9/17/2008 VAN GAALEN LOCK & KEY 701.87 AP - 00273145 9/17/2008 VERIZON 20.23 AP-00273145 9/17/2008 VERIZON 33.89 AP - 00273145 9/17/2008 VERIZON 34.97 AP - 00273145 9/17/2008 VERIZON 539.27 AP - 00273145 9/17/2008 VERIZON 541.21 AP - 00273154 9/17/2008 WEST END UNIFORMS 163.43 AP - 00273158 9/17/2008 ZOLL DATA SYSTEMS INC 6,300.00 Total for Check ID AP: 84,053.36 Total for Entity: 84,053.36 P57 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Porhait Layout Time: 16:29:3 P58 Staff Report DATE: October 1, 2008 TO: President and Members of the Fire Board C-=\~ Jack Lam, AICP, City Manager FROM: John R. Gillison, Deputy City Manager/Administrative S phi es BY: Sandra G. Ramirez, Management Analyst III~.gJL SUBJECT: APPROVAL TO ADOPT ANNUAL STATEMENT OF INVESTMENT POLICY RECOMMENDATION Annually the Fire Board Members review the Statement of Investment Policy. It is recommended that the Fire Protection District approve and adopt the attached Statement of Investment Policy for the Rancho Cucamonga Fire Protection District. BACKGROUND The Fire Board Members adopted a Statement of Investment Policy in July 1990. Califomia Government Code, Section 53646, requires that the Treasurer or Chief Fiscal Officer shall annually render to the Fire Board Members a Statement of Investment Policy, which shall be considered at a public meeting. Further, the Fire Board Members shall also consider any modifications to the investment policy at a public meeting. The proposed investment policy includes one modification for your approval. The modification adds Medium Term Corporate Notes to the list of authorized investments pursuant to Califomia Government Code Section 53601 (j). The Fire Protection District's investment policy and practices are based upon Federal, State and local law and prudent money management. The primary goals of the Districts policy are to assure compliance with all Federal, State and local law governing the investment of monies under the control of the Treasurer, enhance the economic status of the District and to protect its pooled assets and to invest public funds prudently. The Treasurer is authorized to invest the Fire District's funds in accordance with the California Government Code Section 53600 et seq. ("State Code"), and the P59 investment policy adopted by the Fire Board Members. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report and the Fire Board Members receive a monthly Portfolio Summary of investment earnings provided at scheduled Fire Board meetings. The District continues to maintain an investment strategy more conservative than required under State law. The Treasurer and staff continue to monitor legislation, government code amendments, and professional practices pertaining to investing of public funds, ensuring amendments are reflected in the District's Statement of Investment Policy as required by local policy and State law and maintaining a prudent investment policy as prescribed by the President and Members of the Fire Board. Respectfully submitted, C^~~~ `~ John R. Gillison Treasurer/Deputy City Manager/Administrative Services Attachments Fire Staff Report 08.doc -2- P60 Rancho Cucamonga Fire Protection District Statement of Investment Po/icy RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATEMENT OF INVESTMENT POLICY 2008 RANCHO ~UCAMONGA CALIFORNIA Prepared by the Administrative Services Department John R. Gillison, Treasurer P61 STATEMENT OF INVESTMENT POLICY RANCHO CUCAMONGA FIRE PROTECTION DISTRICT INTRODUCTION The investment policy and practices of the Rancho Cucamonga Fire Protection District are based upon state law, prudent money management and the "prudent person" standards. This statement is intended to provide guidelines for the prudent investment of the District's temporary idle cash, and outline the policies for maximizing the efficiency of the District's cash management system. The primary goal of this policy is to enhance the economic status of the District by protecting its pooled cash and to invest public funds to: Meet the daily cash flow needs of the District. Comply with all laws of the State of California regarding investment of public funds. Achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default. SCOPE The investment policy applies to all investment activities of the Rancho Cucamonga Fire Protection District. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report and include: General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, Trust and Agency Funds. Any new fund established by the City Council shall automatically be reflected in the Investment Policy. Bond proceeds shall be invested in accordance with the requirements and restrictions outlined in bond documents as approved by the President and Members of the fire Board. Guidelines presented herein are not intended to apply to bond proceeds held by the District or by fiscal agents or trustees for bond holders of Fire debt. PRUDENCE/EVALUATION OF INVESTMENT OFFICER ACTIONS The actions of the Treasurer and/or his appointed designee in the performance of their duties as managers of public funds shall be evaluated using the following "prudent person" standard applied in the context of managing the overall portfolio: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the professional management of their business affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Rev: 9/2008 The Treasurer and/or his appointed designee acting in accordance with the investment policy and the "prudent person" standard and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that substantial deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments whenever possible. OB.IECTIVE The Rancho Cucamonga Fire Protection District operates its temporary pooled idle cash investment under the "Prudent Person" standard. This affords the District a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et. seq.) and other legal restrictions as the District may impose from time to time. The objective of the investment portfolio is to meet the short and long term cash flow demands of the District . To achieve this objective, the portfolio will be structured to provide Safety of Principal and Liquidity, while then providing a reasonable return on investments. The District may direct its fiscal agents to invest funds associated with bonds or debt issues pending disbursement or reinvestment in "money market mutual funds" that are shares of beneficial interest issued by diversified management companies. The criteria for "money market mutual funds" are more specifically described in California Government Code § 53601(1). INVESTMENT OBJECTIVES Security purchases and holdings will be maintained within statutory limits imposed by Government Code. District policy has been to limit investments more stringently than required under state law. Criteria for selecting investments and the order of priority are: Safety -The safety and risk associated with an investment refers to the potential loss of principal, interest, or combination thereof. The District only operates in those investments that are considered safe. Investments shall be undertaken in a manner that seeks to ensure that capital losses resulting from institution default, broker/dealer default, or the erosion of market value are avoided. The District shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. • Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in only high quality securities and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm District cash flow. • Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the portfolio. It is explicitly recognized, however, that in a diversified portfolio, occasional measured losses may occur, and must be considered within the context of overall investment return. P62 Rer: 9/2008 z P63 2. Liquidity -This refers to the ability to sell these securities and terminate the agreement in order to receive cash at any moment in time with minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occasionally occurs. The District's investment portfolio will remain sufficiently liquid to enable the District to meet operating requirements that might be reasonably anticipated. Invested bond proceeds will be structured so as to meet anticipated drawdown requirements. 3. Yield -The Districts investment portfolio shall be designed with the objective of attaining a reasonable market rate of return throughout economic cycles, as long as it does not diminish the objectives of Safety and Liquidity. ETHICS AND CONFLICTS OF INTEREST The Treasurer/Deputy Treasurer and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers shall disclose any material financial interest in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the District's portfolio, particularly with regard to the time of purchases and sales. The Treasurer/Deputy Treasurer or investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). AUTHORIZED BROKER/DEALEKS The District will transact business only with approved investment securities broker/dealers that are approved as an authorized broker/dealer in compliance with the District selection process. The Treasurer shall request all broker/dealers that wish to do business with the District to provide proof of capitalization to meet the District's needs, and agree to abide by the conditions set forth in this Investment Policy. All broker/dealers who want to become qualified bidders for investment transactions must have offices in the State of California and provide a current audited financial statement and complete the appropriate City Broker Dealer Questionnaire and Certification. The Treasurer will maintain a list of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services to the District. The District shall at least annually send a copy of the current investment policy to authorized broker/dealers approved to do business with the District. Confirmation of receipt of this policy shall be considered evidence that the broker/dealer has read and understands the Districts investment policy and will recommend and execute only transactions suitable for and in compliance with the Districts investment policy. Rev: 9/2008 3 P64 AUTHORIZED INVESTMENTS The District is authorized by California Government Code Section 53600, et. seq. to invest in specific types of securities. The District has further limited the types of securities in which it may invest. Any security not listed is not a valid investment for the District. The concise list of approved securities is as follows: MAXIMUM INVESTMENTS/DEPOSITS PERCENTAGES MATURITY* (See Government Code Section 53601) Securities of the U.S. Government, or its agencies Unlimited 5 years* Certificates of Deposit (or Time Deposits) Unlimited 5 years* (placed with commercial banks and/or savings and loan companies) Negotiable Certificates of Deposit 30% 5 years* Banker's Acceptances 40% 180 days Commercial Paper 30% 270 days (Investments in Commercial Paper must be only with corporations with at least $500 million in assets. Must be of `prime" quality of the highest rating or of the highest letter and numerical rating as provided for by Moody's Investor's Service Inc. or Standard & Poor's Corporation. Short term rating of at least `A' or 'AI/PI ' and a long-term rating of `A' is required.) Local Agency Investment Fund (State Pool) Demand Deposits 40 MM* * Daily Liquidity Joint Powers Authority (JPA) Investment Pool (Short-Term) 10% Daily Liquidity Deposit of Funds (See Government Code - n/a Section 53630 -Ref. C) Repurchase Agreements (Repos) 20% 1 year The market value of the securities [hat underlay the repurchase agreement must be valued at 102% or greater the funds borrowed against the securities and the value must be adjusted no less than quarterly. An executed Master Repurchase Agreement must be on file Medium Term Corporate Notes 30% 5 years /nvestments in Medium Term Corporate Notes must be issued by corporations organized and operating within the United States. Securities eligible for investment must be rated "AA" or better by Moody's or Standard & Poor's rating services. Investment Agreements*** 5% 397 days Investment agreements, guaranteed investment contracts, funding agreements, or arty other form of corporate note which represents the unconditional obligation of one or more banks, insurance companies or other financial institutions, or are guaranteed by a financial institution, which has an unsecured rating, or which agreement is itself rated as of the date of execution thereof, in one of the two highest rating categories by two or mare rating agencies; or, which are collateralized at least 100% with U. S. Government securities. Rev: 9/2008 P65 * Maximum term unless expressly authorized by Governing Body and within the prescribed time frame for said approval. **Limit set by L.A.LF. Governing Board, not Government Code ***Percentage limits for Investment Agreements are not intended to apply to bond funds held by the District or by Fiscal Agents or Trustees, in which investment of such funds is under the District's control or direction. The term and percentage provisions set forth herein are effective January 1, 2007 and do not apply to investments of District funds made prior to that date. INVESTMENT POOLS The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California's local governments and special districts authorized by the California Government Code. LAIF is managed by the State Treasurer's Office with oversight by the Local Agency Investment Advisory Board. The District's participation in LAIF was approved by the President and Members of the Fire Boazd with other authorized investments on July 1987. It is a permitted investment with the knowledge that the fund may invest in some vehicles allowed by statute but not otherwise authorized under the City's authorized investments. All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480. All investments are purchased at market, and market valuation is conducted monthly. The District may also invest in shares of beneficial interest issued by a joint powers authority ("JPA") organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations specified in the code and which shall have retained an investment advisor that meets the following criteria: 1. Be registered or exempt from registration with the Securities and Exchange Commission. 2. Have not less than five (5) years of experience investing in the securities and obligations authorized herein, and 3. Have assets under management in excess of five hundred million dollazs. SAFEKEEPING OF SECURITIES Securities purchased from broker/dealers shall be held by third party bank or other designated third party trust department acting as agent for the District under the terms of a custody agreement executed by the bank and District. All securities will be received and delivered using. standazd delivery-versus-payment (DVP) procedures. Certificate of Deposit securities are held in the City's vault. No outside broker/dealer or advisor may have access to District funds, accounts or investments, and any transfer of funds to or through an outside broker/dealer must be approved by the Treasurer/Deputy Treasurer. Rev: 9/2008 5 P66 The District strives to maintain the level of investment of all funds as neaz 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the Treasurer. DIVERSIFICATION The District will diversify its investments by security type, issuers, and maturities. The purpose of diversifying is to reduce overall portfolio risks while attaining an average market rate of return; therefore, it needs to be conceptualized in terms of maturity, instrument types and issuer. INDEPENDENT REVIEW Outside, independent auditors are required to perform an annual review of the District's Investment Policy, process, and internal controls. The review process is performed as part of the District's annual external audit. REPORTING The Treasurer shall prepare monthly reports for the President and Members of the Fire Board, which shall include all securities, excluding those held by and invested through trustees. The report shall include the following: • The type of investment, name of the issuer, date of maturity, par and dollar amount invested in all securities. • The weighted average maturity of the investments. • Any funds, investments, or programs including loans that are under the management of contracted parties. • The current market value and source of the valuation. • A description of the compliance with the Statement of Investment Policy. • A statement of the District's ability to meet its pooled expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may not be available. Rev: 9/2008 6 P67 The Treasurer shall be responsible for reviewing and modifying investment guidelines as conditions warrant and is required to submit same for re-approval to the President and Members of the Fire Board annually. However, the Treasurer may, at any time, further restrict the items approved for purchase as deemed appropriate. The basic premise underlying the District's investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed. ~R ~Z_ I-~.~`UO John R. Gillison Date Treasurer Rancho Cucamonga Fire Protection District Rev: 9/2008 Rancho Cucamonga Fire Protection District Statement of Investment Policy GLOSSARY ACCRUED INTEREST: The accrued interest accumulated on a security since the issue date or the last coupon payment. The buyer of the security pays the market price plus accrued interest. AGENCIES: Federal agency securities. ASK/OFFER: The price at which an owner offers to sell. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as, the issuer. BASIS POINT: 1/100 of 1%. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid). See Offer. BEAR MARKET: A period of generally pessimistic attitudes and declining market prices. BOOK VALUE: The amount at which a security is carried on the books of the holder or issuer. BOND EQUIVALENT YIELD: The basis on which yields on notes and bonds are quoted. BROKER: A broker brings buyers and sellers together for a commission. BULL MARKET: A period of generally optimistic attitudes and increasing market prices. BUYER'S MARKET: A market where supply is greater than demand, giving buyers an advantage in purchase price and terms. CALLABLES-N/C: Securities that the issuer has Che right to redeem prior to maturity. CASH SETTLEMENTS: Today. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large denomination CD's are typically negotiable. CMT: Constant Maturity Treasury. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. P68 Rancho Cucamonga Fire Protection District Statement of Investment Policy COMMERCIAL PAPER: Short-term, unsecured, negotiable promissory notes issued by businesses. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City. It includes five combined statements for each individual fund and account group prepazed in conformity with Government Accounting Accepted Practices (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. COVER: Spread between the winning bid (or offer) and the next highest bid (or offer). CREDIT RISK: Credit of the underlying security. CUSIP: Committee of Uniform Securities Identification Procedures. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account or inventory. DEBENTURE: A bond secured only by the general credit of the issuer DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of signed receipt for the securities. DERIVATIVES: Financial products that are dependent for their value on (or "derived" from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. DURATION: A measure of the timing of the cash flows to be received from a given fixed income security. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. P69 2 Rancho Cucamonga Fire Protection District Statement oflnvestment Policy EASE: To assist the economy in growing faster, Fed supplies more credit, lowering reserve requirements or discount rates. EXTENSION TRADES: Selling short term, buying further out in the yield curve. (Usually affected in a bull market). FACE VALUE: The principal amount owed on a debt instrument. It is the amount on which interest is computed and represents the amount that the issuer promises to pay at maturity. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S & L's small business firms, students, farmers, farm cooperatives, and exports. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEllERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLB is to liquefy the housing related assets of its members who must purchase stock in their district Bank. - FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. P70 FRN: Floating Rate Note. Rancho Cucamonga Fire Protection District Statement oflnvestment Policy FULL FAITH AND CREDIT: The unconditional guarantee of the United States Government backing a debt for repayment. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Maes. INTEREST RATE RISK: The risk that rising interest rates will cause bond prices to fall. INVESTMENT PORTFOLIO: A collection of securities held by a bank, individual, institution or government agency for investment purposes. INVESTOR: A person who purchases securities with the intention of holding them to make a profit. ISSUE: A group of identical securities or the marketing and selling of such securities. ISSUE PRICE: The price at which a new issue of securities is put on the market. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LOCAL: Refers to the ability to sell securities one owns. LIBID: London Interbank bid rate. LIBOR: London Interbank offered rate. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MARK TO MARKET: Current value of securities at today's market price. MARKET RISK: The risk that the security will be difficult to sell. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller- borrower. P71 Rancho Cucamonga Fire Protection District Statement of Investment Policy MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET INSTRUMENTS: Private and government obligations of one year or less (flexible in some arenas; under five years would still be considered a money market). MTN: Medium Term Note. NEW ISSUE: The first offering of a security. NONCALLABLE: Security that does not contain a call provision. OFFER: The price asked by a seller of securities. (When you are buying securities you ask for an offer). See Asked and Bid. OPEN MARKET OPERATIONS: Federal Reserve activity, Fed entering the market place to initiate repos, reverses, bill or coupon pass. Under the Federal Reserve Act., Fed uses purchases and sales of Govt. & Fed Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability. OPTION: The right to trade a security during a certain period of time. ORIGINAL ISSUE DISCOUNT/OID: Security priced at a discount at time of issuance. OVERBOUGHT: Refers to the price level of a security or market, which has undergone a sharp rise due to vigorous buying. OVERSOLD: Refers to the price level of a security or market, which has undergone a sharp fall due to selling. These conditions indicate that buying/selling may have lefr prices temporarily too high/low, given all other market conditions. PAPER GAIN OR LOSS: Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between market value and the purchase price. PAR VALUE: The stated or face value of a security expressed as a specific dollar amount marked on the face of the security; the amount of money due at maturity not to be confused with market value. PAYDOWN: A net reduction in debt that occurs when the amount of a new issue is less than the maturing issue. PREMHJM: The amount by which the price paid for a security exceeds the par value. Also, the amount that must be paid over the par value to call an issue before maturity. P72 PRICE RISK: Volatility. Rancho Cucamonga Fire Protection District Statement of Investment Policy PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. PRIMARY MARKET: The demand for first issues of securities. PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state--the so-called legal list. In other states the trustee may invest in a security if it is one, which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than i[s maximum liability and which has been approved by the Public. Deposit Protection Commission to hold public deposits. RALLY: A brisk rise or recovery in [he price of a security or the market. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond; the current income return. RATING: The designation used by investor's services to rate the quality of a security's creditworthiness. REGULAR: Next business day. REPURCHASE AGREEMENT: Repo - a holder of securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms are structured to compensate him for this. When the FED does R.P., it is lending money, thus increasing bank reserves. RICH/EXPENSIVE TO THE YIELD CURVE: An expression applied to a security price when current market quotes appear to be in comparison with past price records of securities or current prices of comparable securities. ROLL OVER: Reinvesting funds received from a mature security in a new issue of the same or similar security. SAFEKEEPING: A service banks offer to customers for a fee, where securities are held in the bank's vaults for protection. P73 6 Rancho Cucamonga Fire Protection District Statement of Investment Policy SALLIE MAE: Trade name for the Student Loan Marketing Association. SECONDARY MARKET: 1) A market for the repurchase and resale of outstanding issues following the initial distribution. 2) The purchase or sale of securities in a special offering or through a means other than the regular channel of trading. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 153C-1: See Uniform Net Capital Rule. SHORT/SELL SHORT: Sale of securities without ownership. SKIP DAY: Next business day after tomorrow. SPREAD: Difference between the bid and the ask, or offer. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations that have imbedded options (e.g., call features, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifrs in the shape of the yield curve. SUPPORT: A price level at which a security tends to stop falling because there is more demand than supply. TIGHTEN: If the economy is growing too fast, and inflation is increasing, FED withdraws money from the banking system, by raising reserves or the discount rate. Ultimately, putting the brakes on economic growth. TREASURY BILLS: Anon-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term coupon bearing U.S. Treasury securities issued as direct obligation of The U.S. Government having initial maturities of more than ] 0 years. TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to l; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. VALUE OF 1/32 PER MILLION: $312.50 7 P74 Rancho Cucamonga Fire Protection District Statement of Investment Policy WHEN ISSUED BASIS-WIB-WI: A term applied to securities that are traded before they are actually issued, with the stipulation that transactions are null and void if securities are not issued. YIELD: The annual rate of return on an investment expressed as a percentage of the investment. Income yield is obtained by dividing the current dollar income by the current market price for the security. YIELD CURVE: Yield calculations of various maturities at a given time to observe spread differences. YIELD TO IVIATURITY/NET YIELD: The current income yield minus any premium above par, or plus any discount from par in the purchase price with the adjustment spread over the period from date of purchase to maturity. I:\ADMW\SANDY\TreasuryWnnual Investment Policies OS\ GLOSSARY 08 FIRE.doc P75 8 STAFF REPORT - ADMINISTRATIVE SERVICES DEPARTMENT RANCHO Date: October 1, 2008 CUCAMONGA To: President and Members of the Fire Board Jack Lam, AICP, City Manager From: John R. Gillison, Deputy City Manager/Administrative Servic By: Sandra G. Ramirez, Management Analyst III Subject: APPROVAL OF A RESOLUTION TO SUPERSE E RESOLUTION NO. 05-031 WHICH WILL AMEND THE LIST OF OFFICERS WHO ARE AUTHORIZED TO PARTICIPATE IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RECOMMENDATION: It is recommended that the Fire Board approve the attached resolution to supersede Resolution No. 05-031 which will amend the list of officers who are authorized to participate in the Local Agency Investment Fund (LAIF) for the Rancho Cucamonga Fire Protection District. BACKGROUND: The District's participation in the Local Agency Investment Fund was approved by the Fire Board in July 1990 with a limited list of authorized officers. It is a permitted investment under the authority of Government Code and the District's Statement of Investment Policy. The attached District resolution is required to update and re-certify the list of current District officers and staff who are authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund with updated position titles. This amendment is merely a housekeeping function and no future amendments will be required unless a position title changes. The updated resolutions are required for the Redevelopment Agency, the Fire District, and the City. Rep ully submitted, , John R. Gillison Deputy Treasurer Deputy City Manager/Administrative Services P76 Attachment: Resolution P77 RESOLUTION NO. OS-031A A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT. WHEREAS, Pursuant to Chapter 730 of the Statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the District. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby authorize the deposit and withdrawal of District monies in the Local Agency Investment Fund in the State Treasury in accordance with provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund for the Rancho Cucamonga Fire Protection District. Jack Lam Tamara L. Layne Executive Director Finance Director John R. Gillison Sandra G. Ramirez District Treasurer Management Analyst III PASSED APPROVED, AND ADOPTED, this IS` day of October, 2008. AYES: NOES: ABSENT: ABSTAINED P78 MEMORANDUM CI n' CLERK'S OFFICE Date: October 1, 2008 To: President and Members of the Fire Board Jack Lam, AICP, City Manager From: Kathryn L. Scott, CMC Acting City Clerk/Records Manager RANCHO CUCAMONGA Subject: APPROVAL TO ACCEPT THE "2008 LOCAL AGENCY BIENNIAL NOTICE" PERTAINING TO THE DISTRICT'S CONFLICT OF INTEREST CODE RECOMMENDATION: It is recommended that the Fire Board authorize the President to sign the "2008 Local Agency Biennial Notice" indicating no amendments are necessary to the Board's Conflict of Interest Code (copy attached). BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments must update their Conflict of Interest Code biennially to determine if amendments are necessary. Once the determination has been made, a notice must be submitted to the code reviewing body no later than October 1 of even- numbered years. The District has reviewed its conflict of interest code; that the code accurately designates all positions which make or participate in the making of governmental decisions; that the disclosure categories accurately assigned those positions requires the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those designated positions, and that the code includes the provisions required by Government Code Section 87302. Respectfully submitted fvtc/im~~~J'~a~'. Kathryn L. Scott, CMC Acting City Clerk/Records Manager Attachment: 2008 Local Agency Biennial Notice P79 2008 Local Agency Biennial Notice Name of Agency: Rancho Cucamonga Fire Protection District Mailing Address: P 0 Box 807 Rancho Cucamonga CA 91729 Contact Person: Kathryn L. Scott Office Phone No: 909 477-270Q, exr 7009 E-mail: kscott@cityofrc.us Fax No: 909 919-2905 This agency has reviewed its conflict-of-interest code and has determined that: ^ An amendment is required. The following amendments are necessary: (Check all that apply.) O Include new positions (including donsultants) that must be designated. O Delete positions that manage public investments from the list of designated positions. O Revise disclosure categories. O Revise the titles of existing positions. O Delete titles of positions that have been abolished. O Other (describe) ^ Code is currently under review by the code-reviewing body. ® No amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments; business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 57302. Donald J. Kurth, M. D. President Date Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2008, to: CITY OF RANCHO CUCAMONGA PLEASE DO NOT RENRN THIS FORM TO THE FPPC. Fair Political Practices Commission 428 !Street, Suite fi20, Sacramento, CA 95613 For Technical Assistance: (866) ASR-FPPC STAFF REPORT ~~ ~ RANCHO CUCAMONGAFIRE PROTECTIONDISTRICT RANCxo Date: October 1, 2008 C,UCAMONGA To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Peter M. Bryan, Fire Chief By: Janet Walker, Management Analyst II Subject: APPROVAL TO ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY REFERRED TO AS ANNEXATION N0.08-1(APN:0208-10122,23, 24 & 25; FRESH AND EASY) INTO COMMUNITY FACILITIES DISTRICT N0.8~1, SPEgFYING FACILITIES AND SERVICES PROVIDED, TO SET AND SPECIFYTHE SPECIAL TAXES TO BE LEVIED WITHIN THE ANNEXATION AND SETATIME AND PLACE FORA PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 08-1 into Community Facilities District No. 85-1, to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND CRE 7, LLC, a Delaware limited liability company, the owner of certain property (APN 0208-101-22, 23, 24 & 25) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving a boundary map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for November 5, 2008, and (f) election requirements. P80 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be P81 PAGE 2RESOLUTION OF INTENTION TO ANNEX OCTOBER 1, 2008 routine and non-controversial, as the developer is in support of the annexation procedure. On November 5, 2008, there will be a public hearing for public input/concerns on this matter. Attachment P82 RESOLUTION NO. FD 08- 0,3.! RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 08-1) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 08-1 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Boundary Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. A description of the Territory is as follows: P83 Resolution No. 08- Page -2- All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the District (the "Services") are generally described in Exhibit A attached hereto and incorporated herein by this reference. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The Services authorized to be financed by the District from the proceeds of special taxes levied within District are the types of services to be provided in the Territory. If and to the extent possible the Services shall be provided in common within the District and the Territory. P84 Resolution No. 08- Page -3- SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein bythis reference and which sets forth insufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services in the District, except that a higher or lower special tax maybe levied within the Territory to the extent that the actual cost of providing the Services in the Territory is higher or lower than the cost of providing those Services in the original District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. P85 Resolution No. OS- Page -4- PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 5th DAY OF NOVEMBER 2008, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES W (THIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. P86 Resolution No. 08- Page -5- MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or (d)owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. P87 Resolution No. 08- Page -6- PASSED, APPROVED and ADOPTED this day of , 2008. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M. D., President ATTEST: Kathryn L Scott, Acting City Clerk I, KATHRYN L SCOTT, ACTING CITY CLERK of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2008. Executed this day of 2008, at Rancho Cucamonga, California Kathryn L Scott, Acting City Clerk P88 Resolution No. 08- Page -7- EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. P89 Resolution No. 08- Page -8- EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 08-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 08-1 for Fiscal Year 2008-2009 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($148.04) Multi-Family 2 DU: 1.75 = ($148.04) 3 DU: 2.25 = ($148.04) 4 DU: 2.65 = ($148.04) 5-14 DU: 2.65 = ($148.04) + {.35 (TU-4) ($148.04)} 15-30 DU: 6.15 = ($148.04) + {.30 (TU-14) ($148.04)} 31-80 DU: 10.65 = ($148.04) + {.25 (TU-30) ($148.04)} 81 - up DU: 23.15 = ($148.04) + {.20 (TU-80) ($148.04)} Commercial ($148.04) per acre + $.080 per SF Industrial ($148.04) per acre + $.098 per SF Note: DU =Dwelling Unit TU =Total Units SF =Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2008 and each July 15' thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. P90 Resolution No. 08- Page -g- REDUCTION IN SPECIAL TAX 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. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defned to be property: which is not owned by a public or governmental agency; which is not vacant; - where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insuffcient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Date: October 1, 2008 To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Peter M. Bryan, Fire Chief By: Janet Walker, Management Analyst II P91 RANCHO C,UCAMONGA Subject: APPROVAL TO ADOPT A BOUNDARY MAP SHOWING ASSESSOR PARCEL NUMBERS 0208-101-22, 23, 24 8~ 25 (FRESH & EASY), LOCATED ON THE NORTHEAST CORNER OF FOOTHILL BLVD. & VINEYARD AVE., TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Boundary Map No 08-1 showing property (located on the northeast corner of Foothill Blvd and Vineyard Ave.) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND CRE 7, LLC, a Delaware limited liability company, the owner of certain property (APN 0208-101-22, 23, 24 & 25) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcels into CFD No. 85-1, a Resolution adopting an annexation boundary map is presented for Board consideration and approval. The boundary map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectfully submitted, Peter M. Bry Fire Chief Attachments EXHIBIT 'A' N1°°r~0° ANNEXATION MAP N0.08'~ OF °~1°' COMMUNITY FACILITIES DISTRICT N0. 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA 1102.IMS AMl11AT01 YAP SMALL mWIX FOR ALL KTAAA N A M [%IFNf n WJOq QR'.IIAMlOA Ai: r«oTCeEEEw Ogt1RCf ®flii)ATR1N M lEMe1GEr AWE®ro M AeeK RFM10711® mWAM fApfla 06111CI. RIID M M CRIB p M BLOFi/A/ 6 M RAROa 41aAYeM1r i~ Rga1101 AtiIRCT, uVasq RAL~ r m. VA (lA«ATAI~ «C ' pA BoARS INO RAMS; • EECKTARY INa!lVE1Yf RAMOp OM~111OIRA RAS IRORCIA« eQRCf Otl1 rA[MtOR lGa 6TAR p CAVOMA eFM. G LW pA OF1100 I lflRRY pR1iY MT M'NMI IUP 91GMIR AOIAOAIEA 61kMA1rNY RaP04D • ~'"~ ro A[ AMe7®A OYMr IAQeIa [611ACT M6 ee-1 n M RAM>a LVIYAIHIOA rR PIaI6TIM eM11ACf, M«IY n UII HIIMMpb. 6TAlE p L Og .. ~~ o~BlleC~! ATa Rrrwr lava nom, M~u°a '>K ' wr np1~°O1 v. .usta vu emx umeo EIPR! ~z-.n-o ATC • ~"~' I~ • ~ ~ er m R[S«LItlR Na _ Mt AMaAIOI wr Alppf M eAiaMY wr ra mrwrr rAUlm oemcr Ro m-i p M Ruon arsAwlo~ Me: vRmmla mlRCr, m«Tr p AAX eu«MOw srATE p aYfOMA rROI r ~ Ammra a ~ _ Ar soaR _ n RAVA n ASA~lIIII Ala ~ CaAAAAIT rAalla 0.T411 AT MG[ ~ « M nna n M mM11 AFCaaFR MR M CQINIT n AAx AERAAwpY rxFUxA SOEE.VYT RAXOa QII'.AIRKA tH RIORLIAAI pSIMCE RMIE n fiilAaRAA _F _ ~~Wpp Rplp I AI GTIRYE TAFILE QIR1F EEHalll RApUS IIELTA n C] G u C5 G RAIRAL uNE rAERE RA[IIAL EIENWO R1 -N- GRAPHIC SCALE 00' e' W' ]b' SCNL f ~ SO' ~~ ~~ - - `as 1 ~~ 1 YQ~ I1I --T._-J t ~~~~ ~ ~ a ° u ~' ~ ~ j ~I I i -0 rJ t_~ I S~ YQ~ ! ~ JI 1~ f-- ~r~ I 4 SeA'aTaTE S1A.et ~- evm uw w'ea°°. - - - - RAII EA3NNOO CQMY ~rIFCATE Tp YN MN ®1 rlm IIICQE OettAOlf MAKER TMa - wr n _ ma.. AT _R. « ea n RAYS p A@SSIAJR AM) CaWMIr rA4S1E3 eKlRlm Ar vAZ AT M Rpl[ST p M M AYeIAR 6 A~ LANEY AWall NOIG NIRRT p SIN 9FMINaAa BTAIE p CAIfUMA C/ CQYEY 1SCda11 P92 ~' s •Y+~ n.1 P93 RESOLUTION NO. FD 08- ~~'y RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING A BOUNDARY MAP (ANNEXATION NO. 08-1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors"), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 08-1 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District (the "Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: The above recitals are all true and correct. SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special taxis hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. Resolution No. FD 08- Page 2 PASSED, APPROVED and ADOPTED this day of 2008. AYES: NOES: ABSENT: ABSTAINED: ATTEST: Kathryn L Scott, Acting City Clerk Donald J. Kurth, M. D., President I, KATHRYN L SCOTT, ACTING CITY CLERK of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the _ day of 2008. Executed this day of 2008 at Rancho Cucamonga, California. Kathryn L Scott, Acting City Clerk P94 STAFF REPORT IL9NCH0 CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: October 1, 2008 C,UCAMONGA To: Chairman and Members of the Redevelopment Agency President and Members of the Board of Directors Jack Lam, AICP, Executive Director From: Peter M. Bryan, Fire Chief Linda D. Daniels, Redevelopment Director By: Pamela Pane, Management Analyst II Subject: APPROVAL OF A PURCHASE AND SALE AGREEMENT BETWEEN THE FIRE DISTRICT, COUNTY FLOOD CONTROL DISTRICT AND THE REDEVELOPMENT AGENCY WHICH PROVIDES FOR THE PURCHASE BY THE FIRE DISTRICT OF APPROXIMATELY 1.16 ACRES OF DEMENS BASIN II, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, SOUTH OF HILLSIDE ROAD, FOR $128,000, FUNDED FROM FIRE DISTRICT CAPITAL RESERVES FUND 3289501-5600 RECOMMENDATION It is recommended that the Redevelopment Agency Board and the Fire Board approve the Purchase and Sale Agreement (see Exhibit A) between the Fire District, County Flood Control District and the Redevelopment Agency which provides for the purchase by the Fire District of approximately 1.16 acres of Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road (see Exhibit B), for $128,000, funded from Fire District Capital Reserves Fund 3289501-5600. BACKGROUND/ANALYSIS The Fire District Strategic Plan, presented to the Fire Board on July 14, 2005, identified the need for a fire station in the northwest portion of the community. On December 20, 2006, the Fire Board directed staff to proceed with plans for the proposed Hellman Fire Station (177) at a location on surplus flood control property, the Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road. At that time the Redevelopment Agency and the Fire District began negotiations with the San Bernardino County Flood Control District. The attached Purchase and Sale Agreement with the San Bernardino County Flood Control District establishes the terms and conditions for the District's purchase of approximately 1.16 acres in the northeastern portion of Demens Basin II for the total price not to exceed $128,000. The construction of the Hellman Fire Station (177) will serve the northwestern Rancho Cucamonga community, providing the area with the timely delivery of emergency services for fire suppression and life safety. Upon approval of the Purchase and Sale Agreement, the Fire District will proceed with the Fire Station environmental work, site design, and building design plans. P95 P96 APPRO\~A1.OF TI fE PURCHASE AND SALE AGREEMI3N'1' BE'T'WEEN 'rI-IE FIRE DISTRICT, P~\GE 2 REDEVELOPMENT AGENCY, AND COUNTY FLOOD CONTROL. DISTRICT oc'rosra t, zoos As part of the design and environmental review process for the fire station, the Fire District and its design team will invite surrounding property owners and interested parties to participate in the design process in order to provide feedback regarding the project. Many of the fire stations that the District currently operates from are adjacent to residential neighborhoods, and the District has successfully identified methods to reduce the impacts of a fire station operation on the neighborhood. At the neighborhood meeting the District will have the opportunity to explain how the station operations will integrate with the residential environment, as well as the District's concepts for site and building design and landscaping. At the December 20, 2006, Council Meeting the Alta Loma Riding Club spoke during public comments to support the proposed location. This Purchase and Sale Agreement is related to, and contingent upon, the approval of Amendment No. 3 to the Pass Thru Agreement between the City, Agency, and County; the approval of a Backfill Agreement between the Redevelopment Agency and the County Flood Control District, the approval of a Professional Services Contract with Dan Guerra & Associates as well as the environmental determination related to the backfill work which are also included on the agenda for this meeting. It is also requested as part of the approval of this agreement the Agency and City Council provides staff with the ability to make administrative changes, subject to legal counsel review, in order to clarify business points or consistency with the related documents. The Board of Supervisors is expected to act on this agreement on October 21, 2008. Respectfully submitted, P.+rnQy-~ Peter M. Bryan Fire Chief ~~=~ ~, 0~ Linda Daniels Redevelopment Director Attachment: Exhibit A -Purchase and Sale Agreement Exhibit B -Proposed Fire Station Site EXHIBIT 'A' PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (the "Agreement") is dated as of , 2008 (the "Execution Date"), and is entered into by and between the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ("District) and RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ("Buyer"). RECITALS A. District is the owner of that certain property (fee simple interest), more commonly known as Demens Basin II, with a total of 7.18 acres (Assessor's Parcel Number 1061-621-03), lying on the westerly side of Hellman Road, south of Hillside Avenue in the City of Rancho Cucamonga, as shown on the attached Exhibit "A" and all existing improvements thereon, if any (collectively, the "Property"). B. District has determined the Property to be surplus to its needs and is authorized to sell all or a portion of the Property to Buyer for fair market value in accordance with the San Bernardino County Flood Control Act, Water Code Appendix 43-6 and Section 25363 of the Government Code of the State of California. C. Buyer desires to acquire a 1.16-acre portion of the Property, net of the ultimate road right-of-way, from the northeasterly corner for development of a Fire Station ("Fire Station Site") as described in Exhibit "B" and District has agreed to accept, a purchase price of One Hundred and Twenty-Eight Thousand Dollars ($128,000) for the Fire Station Site upon completion of the site work and elimination of the flood plain designation, and subject to the conditions set forth herein. D. The parties acknowledge that District is entering into a separate agreement ("Backfill Agreement") with the Rancho Cucamonga Redevelopment Agency ("RCRDA") that pertains to an approximate four acre portion of the Property ("Compaction Site"), which includes the proposed Fire Station Site. Under the Backfill Agreement, RCRDA will, at RCRDA's sole expense, using District stockpiled soils as fill, compact and rough-grade the Compaction Site for future development, including the Fire Station Site. The balance of the Property will remain in its natural state and continue to convey storm flows until further drainage improvements are constructed. E. Both District and Buyer acknowledge that the Backfill Agreement and a "Pass Through Amendment Agreement (Amendment No. 3 to County Agreement No. 82-171)" must be approved prior to or in conjunction with this Agreement for this Agreement to be executed. Section 1.01. Sale of the Fire Station Site and Conditions for Transfer of the Fire Station Site. (a) Subject to all of the terms, conditions and provisions of this Agreement and for the consideration set forth below, District hereby agrees to convey and transfer to Buyer and Buyer hereby agrees to acquire all of the right, title and interest of District in and to the property identified herein as the Fire Station Site and as shown on Exhibit "B". (b) The Fire Station Site will be conveyed to Buyer at the Close of Escrow described in Section 1.05. P97 1 of 12 P98 (c) The total consideration to be paid by Buyer for the acquisition of the Fire Station Site shall be Five Hundred and Eighty Thousand Dollars ($580,000). The amount to be paid to District will not include the cost for Buyer to construct agreed-upon street improvements ("Street Work") on District's remaining Property fronting Hellman Avenue, and less half the cost to construct Street "A" (Construction Credit"). The Construction Credit is estimated to be Four Hundred and Fifty Two Thousand Dollars ($452,000) resulting in a total net consideration to be paid to District of One Hundred Twenty Eight Thousand Dollars ($128,000) ("Purchase Price"). (d) In the event the Buyer's share of the cost to do the Street Work exceeds the estimate of Four Hundred and Fifty Two Thousand Dollars ($452,000), District agrees to examine the actual costs and if agreed upon by the District, District will reduce the Purchase Price by the amount of the increase in the Construction Credit . But the Construction Credit amount cannot exceed the amount of the total consideration for the Fire Station Site of Five Hundred and Eighty Thousand Dollars ($580,000). (e) Buyer hereby covenants to perform the Street Work, including the entire Street "A," after the Close of Escrow. (f) In the event Buyer fails to complete the purchase of the Fire Station Site by paying One Hundred and Twenty Eight Dollars ($128,000), or such other reduced amount in accordance with subsection (d), above, by the latest date for the close of escrow for any reason other than a default by the District, then the Buyer shall have no right to seek specific performance or damages including, but not limited to, incidental, consequential and punitive damages. (g) In the event Buyer fails to complete the purchase due to a default by Buyer, then the District may terminate this Agreement and District shall have no right to seek additional damages including, but not limited to, incidental, consequential and punitive damages. (h) The effective date of this Agreement will be the date on which this Agreement is approved by the Board of Directors of the District. (i) Within sixty (60) days after the Close of Escrow, District shall at District's sole cost and expense, install reasonable soil and erosion control, and reasonable access restriction (such as placement of large boulders and "no trespassing" signs) (the "Post-Closing Improvements") on the Compaction Remainder Site and the Basin Remainder site, and shall thereafter maintain the Post-Closing Improvements at District's sole cost and expense in good and safe condition and repair. District should also otherwise maintain the Compaction Remainder Site and Basin Remainder Site (including, without limitation, all slopes) in good and safe condition and repair (including, without limitation, graffiti removal and weed removal and erosion control) even if the Site Preparation Work has not been completed due to the inadequacy of the stockpiled soil described in the Backfill Agreement. The provisions of this Section shall survive the Close of Escrow. Q) District will cooperate with Buyer in identifying appropriate locations for a construction trailer and issuing a permit (at no cost to Buyer) for such a trailer. Section 1.02. Opening of Escrow. (a) The transfer and sale of the Fire Station Site shall take place through escrow (the Escrow"), administered by Golden State Escrow, Inc., 1421-1 East Cooley Drive, Colton, CA 2of12 P99 92324, Attn: Kellie J. Saxton (Phone: 909/777-3500) ("Escrow Holder"). The Escrow for the Fire Station Site shall be deemed open ("Opening of Escrow") upon the receipt by the Escrow Holder of a copy of this Agreement executed by District and Buyer. District and Buyer shall open escrow within six (6) months after approval of this Agreement by the Board of Directors of the District. (b) If this Agreement or Escrow is terminated by District for any reason except the Buyer's default, District shall be solely responsible to the Escrow Holder for payment of all customary and reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder, and the parties shall each be relieved and discharged from all further responsibility or liability under this Agreement. If this Agreement or Escrow is terminated due to Buyer's default, then Buyer shall be solely responsible for the payment of the escrow cancellation costs of the Escrow Holder without further or separate instruction, and the parties shall each be relieved and discharged from all further responsibility or liability under this Agreement. Section 1.03. Escrow Instructions. District and Buyer each agree to execute and deliver to the Escrow Holder the customary supplemental written escrow instructions (consistent with the terms of this Agreement) of the Escrow Holder. In the event of a conflict between the additional terms of such customary supplemental escrow instructions of the Escrow Holder and the provisions of this Agreement, this Agreement shall supersede and be controlling. Upon any termination of this Agreement or cancellation of the Escrow, except as results from the default of District, Buyer shall be solely responsible for the payment of the escrow cancellation costs of the Escrow Holder. Section 1.04. Contingencies to Closing. (a) Buyer shall obtain a title report and copies of the title exception documents, which Buyer may accept or reject in part or in total. Buyer, at its sole discretion, may terminate this Agreement at any time if any or all title exceptions are not acceptable to Buyer in its good faith discretion. (b) District shall assist and cooperate with Buyer in endeavoring to remove title exceptions unacceptable to Buyer, but District shall have no obligation to cause such objections to be removed or to expend any sums in such endeavor, except that District shall remove all monetary liens and encumbrances created by or as a result of District's activities. (c) District covenants not to further encumber and not to place any further liens or encumbrances on the Fire Station Site, including, but not limited to, covenants, conditions, restrictions, easements, liens, options to purchase, rights of frst offer options to lease, leases, tenancies, or other possessory interest. District also covenants not to authorize any other person or entity to take any action that adversely affects the physical condition of the Fire Station Site or its soils to any material extent. (d) Buyer shall accept the delivery of possession of the Fire Station Site (including but not limited to, subterranean structures and soil conditions), in the proposed condition inclusive of compacted fill to street grade and removal of the flood plain designation, but otherwise "AS IS," "WHERE IS" and "SUBJECT TO ALL FAULTS" condition. Buyer hereby acknowledges that it has relied solely upon its own investigation of the Fire Station Site and its own review of such information and documentation as it deems appropriate. Buyer is not 3of12 P100 relying on any statement or representation by DISTRICT, any employee, official or consultant DISTRICT relating to the condition of the Fire Station Site. DISTRICT makes no representations or warranties as to whether the Fire Station Site presently complies with environmental laws nor whether it will comply after completion of the activities by RCRDA under the Backfill Agreement. Furthermore, to the extent that DISTRICT has provided Buyer with information relating to the condition of the Fire Station Site, DISTRICT makes no representation or warranty with respect to the accuracy, completeness or methodology or content of such reports or information. (e) Buyer, on behalf of itself and its successors, waives and releases District and its successors ahd assigns from any and all costs or expenses whatsoever (including, without limitation, attorneys' fees and costs), whether direct or indirect, known or unknown ,foreseen or unforeseen, arising from or relating to any of the following matters and conditions relating to the Fire Station Site which exist as of the date of the applicable Close of Escrow: the physical condition of the Fire Station Site, the condition of the soils, including the soils use to fill the Compaction Site or the Fire Station Site, the suitability of the soils for the improvement of any proposed project, the activities of the RCRDA under the Backfill Agreement on the Compaction Site or the Fire Station Site, the natural condition of the Property, or any law or regulation applicable thereto. (f) Buyer expressly waives any rights or benefits available to it with respect to the foregoing release under any provision of applicable law which generally provides that a general release does not extend to claims which the creditor does know or suspect to exist in his or her favor at the time the release is agreed to, which, if known to such creditor, would materially affect a settlement. By execution of this Agreement, Buyer acknowledges that it fully understands the foregoing, and with this understanding, nonetheless elects to and does assume all risk for claims known or unknown, described in this Section 1.04 without limiting the generality of the foregoing: The undersigned acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY, AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The undersigned, being aware of this Code section, hereby expressly waives any rights it may have thereunder, as well as under any other statutes or Common law principles of similar effect. Initials of Buyer: (g) The provisions of this Section 1.04 shall survive the Close of Escrow, and shall be binding upon Buyer. (h) DISTRICT and Buyer hereby acknowledge that the Close of Escrow is contingent upon Buyer securing funds for the specific purpose of acquiring the Fire Station Site. DISTRICT and Buyer hereby agree that if said funds are not secured, obtained and wire transferred to Escrow Holder at least twenty-four (24) hours prior to the Close of Escrow, either DISTRICT or 4of12 P101 Buyer may cancel the Escrow; provided, however, that DISTRICT and Buyer may mutually agree to extend the date for the Close of Escrow by executing an amendment to the escrow instruction of Escrow Holder setting forth such mutually agreed upon new date for the Close of Escrow. Section 1.05. Close of Escrow (a) As used herein, "Close of Escrow" means and refers to the date on which the conditions set forth in this Agreement for the close of Escrow for the transfer of the Fire Station Site have been satisfied, and the Deed is recorded by the Escrow Holder. (b) The Fire Station Site shall be transferred to Buyer at the Close of Escrow, provided that within the periods of time set forth in this Agreement: (i) Neither District nor Buyer have terminated this Agreement, (ii) Buyer has accepted the Deed, and (iii) all other conditions of the Close of Escrow set forth in this Agreement have been met and Buyer has paid, or caused to be paid to the Escrow Holder all applicable escrow costs relating to such closing. (c) The Close of Escrow shall occur no later than thirty (30) days after the later of (i) Buyer's completion of its due diligence during the Due Diligence Period described in Section 1.08 or (ii) the satisfaction of condition 1.09(e) below; provided, however, that the Close of Escrow shall occur not later than twenty-four (24) months after of the Opening of Escrow (as defined in Section 1.02, above) unless agreed upon by the parties in writing. (d) Upon the Close of Escrow, the RCRDA shall reimburse District for up to $10,000 of District's actual, documented out of pocket costs for third party consultants (not District's staff) in connection with the work described in the Backfill Agreement. Section 1.06. Conveyance of Title. On or before the day designated by Buyer as the date for the Close of Escrow date (the "Closing Date"), District shall deliver to the Escrow Holder in recordable form the grant deed in form attached hereto as Exhibit "C" (the "Deed") (duly executed and acknowledged by District), which Deed shall relinquish all of its right, title and interest of District in the Fire Station Site to Buyer, respectively. The Escrow Holder shall be instructed to record the Deed in the Recorder's Office of San Bernardino County, California, if and when the Escrow Holder holds the funds for the District as set forth herein and can obtain for Buyer, if requested, a CLTA (or if elected by Buyer, ALTA) owner's policy of title insurance ("Title Policy") issued by a Title Insurance Company (the "Title Company") acceptable to Buyer with liability in an amount equal to the Purchase Price (as adjusted under Section 1.01(d)) together with such endorsements to the policy as may be reasonably requested by Buyer, insuring that fee title to the Fire Station Site is vested in Buyer, free and clear of options, rights of first refusal or other purchase rights, leases or other possessory interests, lis pendens and monetary liens and/or encumbrances and subject only to: (1) non-delinquent real property taxes; (2) easements in and to and over the Fire Station Site that have been approved by Buyer; (3) such other title exceptions, if any, resulting from documents previously recorded or being recorded or delivered through Escrow that are approved by Buyer; 5of12 P102 Section 1.07. Closing Costs, Possession. (a) Buyer shall pay the premium for its title insurance, cost of the Survey and all requested CLTA or ALTA endorsements, the cost of recording the Deed and any documentary or other transfer taxes payable on account of the conveyance of the Fire Station Site to Buyer. (b) Buyer shall pay the Escrow Holder's charges and fees. (c) Buyer shall be entitled to exclusive possession of the Fire Station Site immediately upon the Close of Escrow and compliance with Sections 1.05 and 1.06. Section 1.08. Due Diligence Period; Other Pre-Closing Requirements/Deadlines. (a) Within fourteen (14) business days after the Opening of Escrow, District shall provide to Buyer any and all documents, studies and reports relating to the condition of the Basin, including surveys and environmental site assessments, in District's possession, if any. District shall provide to Buyer, as soon as reasonably available, but in no event later than ninety (90) days after the Opening of Escrow, a National Hazards Disclosure Statement under California Civil Code Section 1103.2. (b) By the date that is thirty (30) days after Buyer receives approved plans from the District for the work under the Backfill Agreement, Buyer agrees to file the necessary paperwork with the Federal Emergency Management Agency ("FEMA") requesting a review of the flood hazard determination on the Compaction Site and which will support issuance of a Conditional Letter of Map Revisions ("CLOMR"); upon completion of the site work on the Compaction Site and in particular, the Fire Station Site, Buyer agrees to request that FEMA issue a LOMR for a final determination on the flood hazard condition of the Compaction Site, and in particular, the Fire Station Site. It is understood by District that fees associated with the backfill work will be absorbed by RCRDA as detailed in the Backfill Agreement. The District will cooperate in filing the necessary paperwork. (c) By the date that is three (3) calendar months after Buyer delivers to District a description of the easement area, District shall grant an easement for the ultimate rights of way for Hellman Avenue and Hillside Avenue to the City of Rancho Cucamonga for inclusion into the city's street maintenance system. (d) By the date that is three (3) calendar months after Buyer delivers to District a description of the easement area, District shall grant an easement for the necessary right of way for a proposed cul-de-sac street from Hellman Avenue to the Compaction Site (Street "A" as shown in Exhibit "D"), the location, length, width, and design to be determined by mutual agreement between District, San Bernardino County Transportation Division, and the Buyer in accordance with cul-de-sac street design standards in the Municipal Code for the City of Rancho Cucamonga for residential subdivision and for suitable use for access to the Fire Station Site for its intended use. (e) Buyer and its agents and contractors, subject to obtaining a permit from the District, shall have the right to enter the Compaction Site/Fire Station Site and inspect the Fire Station Site and make tests, investigations and studies (such as surveys, Phase I and Phase II environmental investigations, and soils reports) as Buyer requires, and in the event Buyer determines that any aspect of the Fire Station Site is not acceptable, Buyer may terminate this Agreement by written notice to District. 6of12 P103 (f) Buyer will file and record the Lot Line Adjustment for the Fire Station Site in accordance with the Legal Description contained in Exhibit "B" and District shall cooperate with Buyer in completing the Lot Line Adjustment process. Section 1.09. Buyer's Contingencies The Close of Escrow and Buyer's obligation to purchase the Fire Station Site are subject to the following conditions precedent for the benefit of Buyer (which may be waived by Buyer, but only by an express written waiver executed by the City Manager of the City of Rancho Cucamonga or his designee) on or before the close of escrow. (a) District shall have formally determined and declared in writing that the Fire Station Site is no longer required for flood control purposes. (b) FEMA shall have issued a CLOMR and shall have provided a copy thereof to Buyer. (c) Buyer's obtaining a written commitment by Title Company to issue Title Policy. (d) Prior to the end of the Due Diligence Period, Buyer's verifying that no laws, subdivision restrictions or regulations of any lawful governmental authority having jurisdiction over the Fire Station Site exist which will adversely affect or impair Buyer's intended use and development of the Fire Station Site as a fire station facility. (e) The issuance of final unappealable approvals of any planning or zoning commission and any legislative body with jurisdiction over the Fire Station Site of appropriate and necessary plat and subdivision maps, CEQA approvals, permits (except for an occupancy permit) and property zoning and development plan(s) permitting Buyer's intended development of the Fire Station Site, including without limitation, obtaining approval for a Lot Line Adjustment that ensures that the Fire Station Site is a legal, subdivided lot. (f) Completion of the lot line adjustment described in Section 1.10(b) below. (g) Completion of the site work on the Compaction Site area by the RCRDA pursuant to the separate Backfill Agreement between the District and the RCRDA. (h) That as of the close of Escrow, the representations and warranties of District contained in this Agreement are all true and correct and District is not in default under this Agreement. In the event that any of the foregoing conditions have not been either timely satisfied or expressly waived in writing by Buyer, then Buyer may terminate this Agreement by written notice to District at any time prior to the Close of Escrow. Section 1.10. District's Contingencies The Close of Escrow and District's obligation to sell the Fire Station Site to the Buyer is subject to the timely satisfaction of the following conditions: (a) The representations and warranties of Buyer contained in this Agreement are all true and correct in all material respects of the Close of Escrow, and Buyer is not in default under this Agreement. 7of12 P104 (b) The recording of a Lot Line Adjustment that results in the Fire Station Site being a separate, subdivided lot. (c) Completion of the Site Preparation Work on the Compaction Site area by the RCRDA pursuant to the separate Backfill Agreement between the District and the RCRDA. Section 1.11. Representations and Warranties. (a) District hereby makes the following representations, covenants and warranties: (1) Power and Authority. District has the legal power, right and authority to enter into this Agreement and to execute the instruments and documents referenced herein, and to consummate the transaction contemplated hereby. (2) Requisite Action. District has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) Enforceability of Agreement. The persons executing this Agreement and any instrument or document referenced herein have been duly authorized to so and this Agreement and any such instrument or document is valid and legally binding on District and enforceable in accordance with their respective terms. (4) No Litigation. There is no pending or, to the best of District's knowledge, threatened claims, action, allegations or lawsuit of any kind, whether for personal injury, property damage, property taxes, or otherwise, that could affect the Fire Station Site. (5) No Violation. Neither the execution of this Agreement or the other instruments and documents referenced herein nor the performance by District of its obligations hereunder and thereunder shall to the best of the Districts' knowledge result in a breach or constitute a.default under any agreement, document, instrument or other obligation to which District is a party or by which District may be bound or under law, statute, ordinance, rule, governmental regulation, state constitution, or any writ, injunction, order or decree of any court or governmental body applicable to District. (6) Operation and Condition Pending Closing. Between the date of this Agreement and the Close of Escrow hereunder, District will continue to manage, operate and maintain the Property in the same manner as existed prior to the execution of this Agreement. (7) Contracts. There are no contracts or agreements to which District is a party relating to the operation, maintenance, development, improvement, ownership or use of the Fire Station Site which will survive the Close of Escrow. All representations and warranties contained in this Section 1.11(a) are true and correct on the date hereof and on the Closing Date and shall survive the Close of Escrow. (b) Warranties and Representations by Buyer. Buyer hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by District has been made in material reliance by District on such covenants, representations and warranties: 8of12 P105 (1) Power and Authority. Buyer has the legal right, power and authority to enter into this Agreement and the instruments and documents referenced herein and to consummate the transactions contemplated hereby. The persons executing this Agreement and such other instruments as may be referenced herein on behalf of Buyer hereby represent and warrant that such persons have the power, right and authority to bind Buyer. (2) Requisite Action. Buyer has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) Enforceability of Agreement. This Agreement is, and all instruments and documents to be executed by Buyer pursuant to this Agreement shall be, duly executed by and are or shall be valid and legally binding upon Buyer and upon its successors, administrators and assigns and enforceable in accordance with their respective terms. (4) No Violation. Neither the execution of this Agreement nor the consummation of the transaction contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument or other obligation to which Buyer is a party or by which Buyer may be bound, or under law, statute, ordinance, rule, governmental regulation, state Constitution, or any writ, injunction, order or decree of any court or governmental body applicable to Buyer. All representations and warranties contained in this Section 1.11(b) are true and correct on the date hereof and on the Closing Date and shall survive the Close of Escrow. Section 1.12. Conflict of Interest. No member, official or employee of either party having any conflict of interest, direct or indirect, related to this Agreement and the use and development of the Fire Station Site shall participate in any decision relating to the Agreement. The parties represent and warrant that they do not have knowledge of any such conflict of interest. Section 1.13. Nonliability of Officials and Employees. No officer, official or employee of either party shall be personally liable to the other, or any successor in interest of such other party, in the event of any default or breach or for any amount which may become due hereunder, or on any obligations under the terms of this Agreement. Section 1.14. Indemnification. Buyer agrees to indemnify, defend (with counsel reasonably approved by District) and hold District and its officers, employees, volunteers and agents harmless from and against any and all claims, actions, losses, and/or liability and for any damages, judgments, costs, expenses, attorney's fees and/or liability arising out of this Agreement that arise as the result of Buyer's investigations of the Fire Station Site or from any future environmental action, claim or environmental enforcement action including any agency administrative fines, after the Close of Escrow that is based on any hazardous substance, as defined by state or federal laws, on the Fire Station Site as of the date hereof or consent by buyer, or any other conditions of the Fire Station Site as of the date hereof. Buyer's indemnification obligation applies regardless of the existence or degree of fault of the indemnitee. Nothing in this provision shall be construed to 9of12 P106 require the Buyer to indemnify the indemnitee for the indemnitee's active negligence. District shall give Buyer written notice of the occurrence of a claim, litigation or other matters for which District seeks indemnity under this Section as promptly as practicable following District's knowledge of the occurrence of such matter and District shall reasonably cooperate with Buyer in the defense of any such claim or matter and shall not take any action that would adversely affect Buyer's defense of such matter. Section 1.15. Miscellaneous. (a) This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and together shall constitute one and the same agreement, with one counterpart being delivered to each party hereto. (b) All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, provided that if the date or last date to perform any act or give any notice with respect to this Agreement shall fall on a Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday. (c) The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid or illegal. (d) This Agreement and the exhibits attached hereto constitute the entire understanding and Agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the Fire Station Site. (e) The headings to the paragraphs of this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not in any way affect its interpretation. Whenever used herein, the term "including" shall be deemed to be followed by the words "without limitation." (f) As this Agreement was jointly prepared by both parties, the language in all parts of this agreement shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. (g) This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law principles. The parties agree that any action brought by any party to this Agreement will be in the Central Court of San Bernardino County Superior Court. If any action is brought by a third party, the parties agree to use their best efforts to have such action heard in the Central Court of the San Bernardino County Superior Court. (h) Each party shall execute and deliver such other reasonable documents requested by the other party or by Escrow Holder to consummate the transactions described herein. Section 1.17 Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party, or to any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, request, consent, 10 of 12 P107 approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) working days from the time of mailing if mailed as provided in this section. District's Address: San Bernardino County Flood Control District Attn: Vana R. Olson, Flood Control Engineer 825 East Third Street San Bernardino, CA 92415-0835 Buyer's Address: Rancho Cucamonga Fire Protection District Attn: Peter M. Bryan, Fire Chief 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 11 of 12 P108 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first set forth above. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By: Paul Biane, Board Chairman RANCHO CUCAMONGA FIRE PROTECTION DISTRICT By: Print Name: Title: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: Dena M. Smith, Secretary APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation Bruce W. Galloway, Esq. SECTION 1.05(d) AGREED TO BY: RANCHO CUCAMONGA REDEVELOPMENT AGENCY By: Print Name: Title: as to Legal Form Counsel Date Rev 080307 oac #21335]8 [o eoaro ror aignawre Date 12 of 12 P109 .Exhibit "B" LEGEND ^ ~ Basin ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ • Proposed Fire Station Site Compaction Site ,v rig ~ s CITY OF RANCHO CUCAMONGA Agenda Check Register 9/10/2008 through 9/23/2008 P110 Check No. Check Date Vendor Name Amount AP - 00272570 9/10/2008 A&V SOFTBALL 3,109.00 AP - 00272571 9/10/2008 AA EQUIPMENT RENTALS CO INC 52.14 AP - 00272571 9/10/2008 AA EQUIPMENT RENTALS CO INC 894.15 AP - 00272571 9/10/2008 AA EQUIPMENT RENTALS CO INC 49.33 AP - 00272571 9/10/2008 AA EQUIPMENT RENTALS CO INC -72.31 AP - 00272571 9/10/2008 AA EQUIPMENT RENTALS CO INC 72.31 AP - 00272571 9/10/2008 AA EQUIPMENT RENTALS CO INC -49.33 AP - 00272572 9/10/2008 ABC LOCKSMITHS 95.29 AP - 00272572 9/10/2008 ABC LOCKSMITHS 12.39 AP - 00272572 9/10/2008 ABC LOCKSMITHS 4.85 AP - 00272572 9/10/2008 ABC LOCKSMITHS 56.57 AP - 00272573 9/10/2008 ABLETRONICS 46.89 AP - 00272573 9/10/2008 ABLETRONICS 35.88 AP - 00272573 9/10/2008 ABLETRONICS 116.45 AP - 00272573 9/10/2008 ABLETRONICS 39.76 AP - 00272575 9/10/2008 ADVANCED AUTO TECH 447.98 AP - 00272575 9/10/2008 ADVANCED AUTO TECH 686.78 AP - 00272576 9/10/2008 ADVANCED ENGINEERING SOFTWARE 269.38 AP - 00272577 9/10/2008 AEF SYSTEMS CONSULTING INC 1,050.00 AP - 00272578 9/10/2008 AIRGAS WEST 91.22 AP - 00272578 9/10/2008 AIIiGAS WEST 108.53 AP - 00272579 9/10/2008 ALANIZ-CALVQ ROSA 78.00 AP - 00272580 9/10/2008 ALL CITIES TOOLS 326.48 AP - 00272581 9/10/2008 ALL WELDING 495.00 AP - 00272582 9/10/2008 ALLIANCE BUS LINES INC 678.69 AP - 00272585 9/10/2008 AMERICAN ROTARY BROOM CO. INC. 379.17 AP - 00272585 9/10/2008 AMERICAN ROTARY BROOM CO. INC. 878.17 AP - 00272585 9/10/2008 AMERICAN ROTARY BROOM CO. INC. 1,174.14 AP - 00272586 9/10/2008 AMTECH ELEVATOR SERVICES 233.71 AP - 00272587 9/10/2008 ANDERS, LOIS 1,140.00 AP - 00272589 9/10/2008 ARROW TRAILER SUPPLIES INC 30.05 AP - 00272590 9/10/2008 ARROW TRUCK BODIES AND EQUIPMENT INC 87.45 AP - 00272591 9/10/2008 ASSOCIATED GROUP 2,213.59 AP - 00272592 9/10/2008 AT AND T 1,548.61 AP - 00272593 9/10/2008 AT&T -432.07 AP - 00272593 9/10/2008 AT&T 1,332.02 AP - 00272593 9/10/2008 AT&T 54.41 AP - 00272593 9/10/2008 AT&T -124.49 AP - 00272594 9/10/2008 AT&T 391.74 AP - 00272595 9/10/2008 AUSSEF, SEPIDEH TEHRANI 212.00 AP - 00272596 9/10/2008 AUTO SPECIALISTS 122.80 AP - 00272596 9/10/2008 AUTO SPECIALISTS 78.28 AP - 00272596 9/10/2008 AUTO SPECIALISTS 98.74 AP - 00272596 9/] 0/2008 AUTO SPECIALISTS 110.15 AP - 00272596 9/10/2008 AUTO SPECIALISTS 124.21 AP - 00272596 9/10/2008 AUTO SPECIALISTS 77.33 AP - 00272596 9/10/2008 AUTO SPECIALISTS 104.28 AP - 00272597 9/10/2008 B AND K ELECTRIC WHOLESALE 252.93 AP - 00272597 9/10/2008 B AND K ELECTRIC WHOLESALE 46.86 AP - 00272597 9/10/2008 B AND K ELECTRIC WHOLESALE 686.54 AP - 00272597 9/10/2008 B AND K ELECTRIC WHOLESALE 67.30 AP - 00272597 9/10/2008 B AND K ELECTRIC WHOLESALE 8.62 AP - 00272597 9/10/2008 B AND K ELECTRIC WHOLESALE 20.38 AP - 00272597 9/10/2008 B AND K ELECTRIC WHOLESALE 50.04 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA Pl l 1 Agenda Check Ret=_ister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272598 9/10/2008 BALAM, YVONNE 500.00 AP - 00272599 9/10/2008 BALLET FOLKLORICO MONARCHS 100.00 AP - 00272600 9/10/2008 BANC OF AMERICA LEASING 8,948.44 AP - 00272601 9/10/2008 BANC OF AMERICA LEASING 195.03 AP - 00272601 9/10/2008 BANC OF AMERICA LEASING 390.82 AP - 00272602 9/10/2008 BANUELOS LANDSCAPE 45.00 AP - 00272603 9/10/2008 BARBER & SONS INC, H. 12.71 AP - 00272603 9/10/2008 BARBER & SONS INC, H. 5.60 AP - 00272604 9/10/2008 BARTEL ASSOCIATES LLC 2,010.00 AP - 00272605 9/10/2008 BEACON PLUMBING SS.00 AP - 00272606 9/10/2008 BEARD PROVENCHER AND ASSOC INC 5,760.00 AP - 00272606 9/10/2008 BEARD PROVENCHER AND ASSOC INC 4,453.00 AP - 00272606 9/10/2008 BEARD PROVENCHER AND ASSOC INC 2,934.00 AP - 00272606 9/10/2008 BEARD PROVENCHER AND ASSOC INC 2,126.00 AP - 00272607 9/10/2008 BEHNKE, GEORGE 10.00 AP - 00272608 9/10/2008 BETTER ENERGY IDEAS 185.00 AP - 00272609 9/10/2008 BERRY, DAVID 15.00 AP - 00272610 9/10/2008 BIA 80.00 AP - 00272612 9/10/2008 BILLINGS, RICHARD 1,500.00 AP - 00272613 9/10/2008 BIRMINGHAM, LAUREL 41.00 AP - 00272614 9/10/2008 BISHOP COMPANY 120.57 AP - 00272615 9/10/2008 BLUE HAVEN POOLS 204.06 AP - 00272616 9/10/2008 BLUE HAVEN POOLS 197.54 AP - 00272617 9/10/2008 BOY SCOUTS TROOP 699 100.00 AP - 00272618 9/10/2008 BROOKS PRODUCTS 573.23 AP - 00272619 9/10/2008 BUTSKO UTILITY DESIGN INC. 11,201.04 AP - 00272619 9/10/2008 BUTSKO UTILITY DESIGN INC. 754.02 AP - 00272620 9/10/2008 CAL PERS LONG TERM CARE 514.92 AP - 00272621 9/10/2008 CALIFORNIA PEACE OFFICER ASSOCIATION 180.00 AP - 00272622 9/10/2008 CALIFORNIA STATE POLYTECHNIC 2,040.00 AP - 00272623 9/10/2008 CAMBELL ELECTRIC 64.80 AP - 00272624 9/10/2008 CAMPBELL, CHRISTINA 500.00 AP - 00272626 9/10/2008 CCAC 275.00 AP - 00272627 9/10/2008 CEBALLOS, LINDA 86.50 AP - 00272628 9/10/2008 CHAVEZ, MARK 11.40 AP - 00272629 9/10/2008 CHEMSEARCH 361.38 AP - 00272630 9/10/2008 CITY RENTALS 314.00 AP - 00272631 9/10/2008 CLABBY, SANDRA 1,000.00 AP - 00272632 9/]0/2008 CLARKS PLUMBING SPECIALTIES INC. 499.39 AP - 00272632 9/10/2008 CLARKS PLUMBING SPECIALTIES INC. 479.88 AP - 00272632 9/10/2008 CLARKS PLUMBING SPECIALTIES INC. 84.82 AP - 00272634 9/10/2008 COLLIER, ADAM 2,300.00 AP - 00272635 9/10/2008 COMP U ZONE 85.00 AP - 00272635 9/10/2008 COMP U ZONE 85.00 AP - 00272635 9/] 0/2008 COMP U ZONE 85.00 AP - 00272635 9/10/2008 COMP U ZONE 79.74 AP - 00272635 9/10/2008 COMP U ZONE 16.16 AP - 00272635 9/10/2008 COMP U ZONE 212.50 AP - 00272635 9/10/2008 COMP U ZONE 85.00 AP - 00272635 9/10/2008 COMP U ZONE 170.00 AP - 00272635 9/10/2008 COMP U ZONE 203.65 AP - 00272636 9/10/2008 CONSOLIDATED ELECTRICAL DISTRIBUTORS ] 212.81 AP - 00272637 9/10/2008 CONTINENTAL AMERICAN INSURANCE COMPS 16.39 AP - 00272638 9/10/2008 COPIES & INK PRINTING INC. 1,087.62 User: VLOPEZ -Veronica Lopez Page: 2 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P112 Agenda Check Reeister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272638 9/10/2008 COPIES & INK PRINTING INC. 346.49 AP - 00272639 9/10/2008 CORRAL, MARGARITA 500.81 AP - 00272640 9/10/2008 COSTA, GAIL 78.00 AP - 00272641 9/10/2008 CRAMTON, STACEY 15.00 AP - 00272642 9/10/2008 CROW, JOY 80.00 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 185.81 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 372.24 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 318.66 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 368.01 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 236.57 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 232.34 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 540.03 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 314.12 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 171.35 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 43.34 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 34.88 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 40.52 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 284.82 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 145.23 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 119.54 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 173.43 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 77.24 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 92.39 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 240.80 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 112.49 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 32.06 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 45.86 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 5,681.29 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 118.12 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 61.37 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 1,253.49 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 3,254.28 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 3,136.94 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 2,910.24 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 1,921.16 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 88.23 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 2,934.21 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 2,881.37 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 848.15 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 37.70 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 230.93 AP - 00272645 9/]0/2008 CUCAMONGA VALLEY WATER DISTRICT 261.95 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 284.51 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 92.39 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 214.19 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 182.99 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 222.47 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 259.13 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 971.49 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 408.90 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 221.06 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 804.80 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 34.88 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 82.52 User: VLOPEZ -Veronica Lopez Page: 3 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P113 Agenda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 128.31 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 775.50 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 493.50 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 182.93 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 5,858.55 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 476.27 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 4,449.96 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 1,897.86 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 1,294.07 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 313.76 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 119.18 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 174.53 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 639.83 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 139.28 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 482.22 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 65.60 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 588.71 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 85.34 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 411.41 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 195.32 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 907.73 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 55.73 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 283.41 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 276.36 AP - 00272645 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 206.60 AP - 00272646 9/10/2008 CUCAMONGA VALLEY WATER DISTRICT 144.56 AP - 00272647 9/10/2008 D 3 EQUIPMENT 2,097.80 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 496.73 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 949.28 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 949.28 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 728.39 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 1,039.79 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 728.39 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 547.37 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 366.35 AP - 00272648 9/10/2008 D AND K CONCRETE COMPANY 711.15 AP - 00272649 9/10/2008 D S CYPRESS MAGNETICS INC. 81.48 AP - 00272650 9/10/2008 DALTON, JOSLYN 38.00 AP - 00272650 9/10/2008 DALTON, JOSLYN 30.00 AP - 00272652 9/10/2008 DAPPER TIRE CO 208.23 AP - 00272652 9/10/2008 DAPPER TIRE CO 894.88 AP - 00272652 9/10/2008 DAPPER TIRE CO 995.04 AP - 00272653 9/10/2008 DAVIS, SAM 250.00 AP - 00272654 9/10/2008 DELL INC 4,436.14 AP - 00272654 9/10/2008 DELL INC 155.11 AP - 00272655 9/10/2008 DELTA DENTAL 34,328.00 AP - 00272656 9/10/2008 DIAL ONE'S ONE HOUR A/C & HEATING 54.86 AP - 00272657 9/10/2008 DONNELLY, AMANDA 219.00 AP - 00272658 9/10/2008 DUNN EDWARDS CORPORATION 181.02 AP - 00272659 9/10/2008 E POLY STAR INC. 2,020.31 AP - 00272661 9/10/2008 EMCOR SERVICE 14,565.42 AP - 00272661 9/10/2008 EMCOR SERVICE 14,565.38 AP - 00272661 9/10/2008 EMCOR SERVICE 10,115.10 AP - 00272662 9/10/2008 EMPIRE LINE-X 256.20 User: VLOPEZ -Veronica Lopez Page: 4 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P114 Agenda Check Register 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272663 9/10/2008 EMPII2E MOBILE HOME SERVICE 4,000.00 AP - 00272664 9/10/2008 ESPINOZA, LORENA 93.20 AP - 00272665 9/10/2008 EVOLVE MEDIA 625.00 AP - 00272666 9/10/2008 EWING IItRIGATION PRODUCTS 52.46 AP - 00272667 9/10/2008 EXPRESS BRAKE SUPPLY 71.28 AP - 00272667 9/10/2008 EXPRESS BRAKE SUPPLY 66.67 AP - 00272667 9/10/2008 EXPRESS BRAKE SUPPLY 24.30 AP - 00272668 9/10/2008 FASTENAL COMPANY 59.28 AP - 00272668 9/10/2008 FASTENAL COMPANY 14.89 AP - 00272669 9/10/2008 FEDERAL EXPRESS CORP 21.90 AP - 00272671 9/10/2008 FEDEX KINKO'S OFFICE AND PRINT SERVICES 718.96 AP - 00272672 9/10/2008 FELICIANO, ANTHONY 260.00 AP - 00272673 9/10/2008 FELLER, KIMBERLY 1,000.00 AP - 00272674 9/10/2008 FILARSKY AND WATT 125.00 AP - 00272675 9/10/2008 FINESSE PERSONNEL ASSOCIATES 511.50 AP - 00272675 9/10/2008 FINESSE PERSONNEL ASSOCIATES 511.50 AP - 00272675 9/10/2008 FINESSE PERSONNEL ASSOCIATES 595.84 AP - 00272675 9/10/2008 FINESSE PERSONNEL ASSOCIATES 595.84 AP - 00272675 9/10/2008 FINESSE PERSONNEL ASSOCIATES 127.88 AP - 00272675 9/10/2008 FINESSE PERSONNEL ASSOCIATES 342.55 AP - 00272675 9/10/2008 FINESSE PERSONNEL ASSOCIATES 720.75 AP - 00272676 9/10/2008 FLORES, ALMA 500.00 AP - 00272677 9/10/2008 FOOTHILL LAWNMOWER 87.68 AP - 00272678 9/10/2008 FRAZEE PAINT CENTER 533.25 AP - 00272679 9/10/2008 GAMEZ, MARK 900.00 AP - 00272680 9/10/2008 GARRETT CONCRETE CORING AND SAWING Ir 210.00 AP - 00272680 9/10/2008 GARRETT CONCRETE CORING AND SAWING IT 1,850.00 AP - 00272682 9/10/2008 GIORDANO, MARIANNA 150.00 AP - 00272683 9/10/2008 GONSALVES AND SON,JOE A 3,000.00 AP - 00272684 9/10/2008 GONZALEZ, ERIKA 147.75 AP - 00272685 9/10/2008 GRAINGER 34.20 AP - 00272685 9/10/2008 GRAINGER 58.44 AP - 00272685 9/10/2008 GRAINGER 47.52 AP - 00272685 9/10/2008 GRAINGER 77.40 AP - 00272685 9/10/2008 GRAINGER 79.73 AP - 00272685 9/10/2008 GRAINGER 87.28 AP - 00272685 9/10/2008 GRAINGER 14.53 AP - 00272685 9/10/2008 GRAINGER 36.66 AP - 00272685 9/10/2008 GRAINGER 2.04 AP - 00272685 9/10/2008 GRAINGER 2,155.22 AP - 00272685 9/10/2008 GRAINGER 146.98 AP - 00272685 9/10/2008 GRAINGER 447.05 AP - 00272685 9/10/2008 GRAINGER 2.04 AP - 00272685 9/10/2008 GRAINGER 81.82 AP - 00272685 9/10/2008 GRAINGER 16.22 AP - 00272685 9/10/2008 GRAINGER 121.04 AP - 00272686 9/10/2008 GRAMMER GROUP, THE 100.00 AP - 00272687 9/10/2008 GRAYBAR 66.37 AP - 00272689 9/10/2008 GREEN ROCK POWER EQUIPMENT 150.85 AP - 00272690 9/10/2008 H2 ENVIRONMENTAL 675.00 AP - 00272691 9/10/2008 1-inaxFR EQUIPMENT CO 184.03 AP - 00272691 9/] 0/2008 HAAKER EQUIPMENT CO 544.00 AP - 00272691 9/10/2008 HAAKER EQUIPMENT CO 1,508.97 AP - 00272692 9/10/2008 HAVEN AUTO REPAIR 633.37 User: VLOPEZ -Veronica Lopez Page: 5 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomai[ Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P115 Agenda Check Register 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272693 9/10/2008 HDL COREN AND CONE 495.00 AP - 00272694 9/10/2008 HERNANDEZ, ROSA 500.00 AP - 00272694 9/10/2008 HERNANDEZ, ROSA 22.28 AP - 00272695 9/10/2008 HILLIARD JR., DONALD G. 75.00 AP - 00272696 9/10/2008 HINDERLITER DE LLAMAS AND ASSOCIATES 1,200.00 AP - 00272696 9/10/2008 HINDERLITER DE LLAMAS AND ASSOCIATES 9,513.22 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 50.00 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 857.69 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 50.00 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 1,090.43 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 1,821.52 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 3,035.60 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 1,697.06 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 100.00 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 150.00 AP - 00272697 9/10/2008 HOLLIDAY ROCK CO INC 50.00 AP - 00272698 9/10/2008 HOME DEPOT CREDIT SERVICES 6.42 AP - 00272699 9/10/2008 HOSE MAN INC 74.38 AP - 00272699 9/10/2008 HOSE MAN INC 2.12 AP - 00272699 9/10/2008 HOSE MAN INC 125.21 AP - 00272699 9/10/2008 HOSE MAN INC 187.49 AP - 00272701 9/10/2008 HYDROSCAPE PRODUCTS INC 65.17 AP - 00272701 9/10/2008 HYDROSCAPE PRODUCTS INC 1,275.54 AP - 00272701 9/10/2008 HYDROSCAPE PRODUCTS INC 251.12 AP - 00272701 9/10/2008 HYDROSCAPE PRODUCTS INC 99.11 AP - 00272701 9/10/2008 HYDROSCAPE PRODUCTS INC -1,255.82 AP - 00272702 9/10/2008 IE SALES & MARKETING COUNCIL 1,380.10 AP - 00272703 9/10/2008 IGLESIA LA ROCA FELLOWSHIP 250.00 AP - 00272704 9/10/2008 IMPRESSIONS GOURMET CATERING 201.45 AP - 00272705 9/10/2008 INDUSTRIAL SUPPLY CO INC 418.11 AP - 00272705 9/10/2008 INDUSTRIAL SUPPLY CO INC 149.13 AP - 00272707 9/10/2008 INLAND EMPIRE TOURS AND TRANSPORTATIC 859.00 AP - 00272708 9/10/2008 INLAND WATER WORKS SUPPLY COMPANY 355.43 AP - 00272709 9/10/2008 INSIGHT 129.10 AP - 00272709 9/10/2008 INSIGHT 526.55 AP - 00272709 9/10/2008 INSIGHT 22.37 AP - 00272710 9/10/2008 INTERSTATE BATTERIES 200.31 AP - 00272710 9/10/2008 INTERSTATE BATTERIES 38.33 AP - 00272710 9/10/2008 INTERSTATE BATTERIES 132.66 AP - 00272710 9/10/2008 INTERSTATE BATTERIES 164.31 AP - 00272710 9/10/2008 INTERSTATE BATTERIES 106.88 AP - 00272710 9/10/2008 INTERSTATE BATTERIES 35.32 AP - 00272710 9/10/2008 INTERSTATE BATTERIES 53.99 AP - 00272711 9/10/2008 INTRAVAIA ROCK AND SAND INC 110.00 AP - 00272711 9/10/2008 INTRAVAIA ROCK AND SAND INC 118.53 AP - 00272711 9/10/2008 INTRAVAIA ROCK AND SAND INC 110.00 AP - 0027271 I 9/10/2008 INTRAVAIA ROCK AND SAND INC 71.12 AP - 00272711 9/10/2008 INTRAVAIA ROCK AND SAND INC 110.00 AP - 00272712 9/10/2008 INVESTMENT CAPITAL 73.20 AP - 00272713 9/10/2008 IRENE JUSTIN DDS 147.24 AP - 00272714 9/10/2008 JAMES, PAT 80.00 AP - 00272715 9/10/2008 JOHNSON, CHEARICE 49.84 AP - 00272715 9/10/2008 JOHNSON, CHEARICE 23.36 AP - 00272716 9/10/2008 JOHNSON, JEANNINE 60.00 User: VLOPEZ -Veronica Lopez Page: 6 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P116 Agenda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272717 9/10/2008 JPS SURFACE SOULUTIONS INC 70.49 AP - 00272718 9/10/2008 KAMALABADI, IRAJ 500.00 AP - 00272719 9/10/2008 KB HOME 10,000.00 AP - 00272720 9/10/2008 KC RAPID INC 104.00 AP - 00272721 9/10/2008 KELLY EQUIPMENT 159.61 AP - 00272722 9/10/2008 KILGORE, KAKI 150.00 AP - 00272723 9/10/2008 KOA CORPORATION 4,736.00 AP - 00272723 9/10/2008 KOA CORPORATION 3,000.00 AP - 00272724 9/10/2008 KONG, SOPHEAK 70.20 AP - 00272724 9/10/2008 KONG, SOPHEAK 28.63 AP - 00272725 9/10/2008 L S A ASSOCIATES INC 9,948.75 AP - 00272726 9/10/2008 CARSON, GABRIELA 214.00 AP - 00272727 9/10/2008 LATEvIER, KALVIN 500.00 AP - 00272727 9/10/2008 LATIMER, KALVIN 1 L15 AP - 00272729 9/10/2008 LEE, KAREN 109.07 AP - 00272731 9/10/2008 LIFESTYLES LANDSCAPES INC 500.00 AP - 00272732 9/10/2008 LIGHT BULBS ETC 1,101.60 AP - 00272733 9/10/2008 LIMON, MARIA 36.20 AP - 00272734 9/10/2008 LIN, PHII,LIP C 26.75 AP - 00272735 9/10/2008 LOMBARDQ, SHERRI 70.00 AP - 00272736 9/10/2008 LOS ANGELES, CITY OF 250.00 AP - 00272738 9/10/2008 COWES COMPANIES INC. 12.01 AP - 00272738 9/10/2008 COWES COMPANIES INC. 300.25 AP - 00272738 9/10/2008 COWES COMPANIES INC. 31.02 AP - 00272738 9/10/2008 COWES COMPANIES INC. 42.88 AP - 00272738 9/10/2008 COWES COMPANIES INC. 136.50 AP - 00272738 9/10/2008 COWES COMPANIES INC. 351.32 AP - 00272738 9/10/2008 COWES COMPANIES INC. 72.08 AP - 00272738 9/10/2008 COWES COMPANIES INC. 66.70 AP - 00272738 9/10/2008 COWES COMPANIES INC. 9.29 AP - 00272738 9/10/2008 COWES COMPANIES INC. 540.30 AP - 00272738 9/10/2008 COWES COMPANIES INC. 119.39 AP - 00272738 9/10/2008 COWES COMPANIES INC. 36.71 AP - 00272738 9/10/2008 COWES COMPANIES INC. 24.48 AP - 00272738 9/10/2008 COWES COMPANIES INC. -211.86 AP - 00272738 9/10/2008 COWES COMPANIES INC. -35.84 AP - 00272738 9/10/2008 COWES COMPANIES INC. 26.70 AP - 00272738 9/10/2008 COWES COMPANIES INC. 176.45 AP - 00272738 9/10/2008 COWES COMPANIES INC. 81.59 AP - 00272738 9/10/2008 COWES COMPANIES INC. 41.65 AP - 00272738 9/10/2008 COWES COMPANIES INC. 35.84 AP - 00272738 9/10/2008 COWES COMPANIES INC. 176.82 AP -00272738 9/]0/2008 COWES COMPANIES INC. 50.17 AP - 00272738 9/10/2008 COWES COMPANIES INC. 5.75 AP - 00272738 9/10/2008 COWES COMPANIES INC. 76.02 AP - 00272738 9/10/2008 COWES COMPANIES INC. 35.46 AP - 00272738 9/10/2008 COWES COMPANIES INC. 319.80 AP - 00272738 9/10/2008 COWES COMPANIES INC. 63.79 AP - 00272738 9/10/2008 COWES COMPANIES INC. 109.20 AP - 00272738 9/10/2008 COWES COMPANIES INC. 41.96 AP - 00272738 9/10/2008 COWES COMPANIES INC. 86.11 AP - 00272738 9/10/2008 COWES COMPANIES INC. 53.83 AP - 00272738 9/10/2008 COWES COMPANIES INC. 26.15 AP - 00272738 9/10/2008 COWES COMPANIES INC. 11.66 User: VLOPEZ -Veronica Lopez Page: 7 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P117 Agenda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amoun[ AP - 00272738 9/10/2008 LOWES COMPANIES INC. 8.59 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 98.06 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 42.94 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 43.06 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 98.29 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 84.26 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 43.55 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 644.35 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 129.30 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 901.56 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 37.65 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 125.42 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 297.22 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 31.88 AP - 00272738 9/10/2008 LOWES COMPANIES INC. - 24.41 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 11.36 AP - 00272738 9/10/2008 LOWES COMPANIES INC. -35.83 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 150.62 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 31.29 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 33.89 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 84.00 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 2.88 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 211.86 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 21.38 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 20.45 AP - 00272738 9/10/2008 LOWES COMPANIES INC. 25.70 AP - 00272739 9/10/2008 MAIN STREET SIGNS 1,649.65 AP - 00272739 9/10/2008 MAIN STREET SIGNS 140.08 AP - 00272739 9/10/2008 MAIN STREET SIGNS 967.52 AP - 00272741 9/10/2008 MARK CHRISTOPHER INC 291.87 AP - 00272742 9/10/2008 MARSHALL PLUMBING 388.45 AP - 00272742 9/10/2008 MARSHALL PLUMBING -97.11 AP - 00272743 9/10/2008 MARTIN AUTO COLOR RANCHO CUCAMONGA 41.49 AP - 00272744 9/10/2008 MASON, DONNA 85.00 AP - 00272745 9/10/2008 MATERIAL SALES UNLIMITED 602.97 AP - 00272746 9/10/2008 MCI 7,546.24 AP - 00272746 9/10/2008 MCI 11,779.07 AP - 00272747 9/10/2008 MIDDLE RIDGE INC 1,000.00 AP - 00272748 9/10/2008 MORRIS, SIMONE 500.00 AP - 00272749 9/10/2008 MOUNTAIN VIEW EM PHYS MEDICAL GROUP I 145.00 AP - 00272750 9/10/2008 MOUNTAIN VIEW SMALL ENG REPAIR 29.31 AP - 00272751 9/10/2008 MST VETERINARY SERVICES 5,530.00 AP-00272752 9/10/2008 MWI VETERINARY SUPPLY 4.58 AP - 00272753 9/10/2008 MWI VETERINARY SUPPLY 69.88 AP - 00272753 9/10/2008 MWI VETERINARY SUPPLY 50.37 AP - 00272754 9/10/2008 NAPA AUTO PARTS 203.13 AP - 00272754 9/10/2008 NAPA AUTO PARTS 425.74 AP - 00272754 9/]0/2008 NAPA AUTO PARTS 659.39 AP - 00272754 9/10/2008 NAPA AUTO PARTS 283.95 AP - 00272754 9/10/2008 NAPA AUTO PARTS -42.21 AP - 00272754 9/10/2008 NAPA AUTO PARTS 77.22 AP - 00272754 9/10/2008 NAPA AUTO PARTS 45.21 AP - 00272754 9/10/2008 NAPA AUTO PARTS 283.20 AP - 00272754 9/10/2008 NAPA AUTO PARTS 32.20 User: VLOPEZ -Veronica Lopez Page: 8 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA Agenda Check Resister 9/10/2008 through 9/23/2008 P118 Check No. Check Date Vendor Name Amoun[ AP - 00272754 9/10/2008 NAPA AUTO PARTS 7.97 AP - 00272754 9/10/2008 NAPA AUTO PARTS 148.35 AP - 00272754 9/10/2008 NAPA AUTO PARTS 39.63 AP - 00272754 9/10/2008 NAPA AUTO PARTS 155.12 AP - 00272754 9/10/2008 NAPA AUTO PARTS 45.29 AP - 00272754 9/10/2008 NAPA AUTO PARTS 107.58 AP - 00272754 9/10/2008 NAPA AUTO PARTS 80.90 AP - 00272754 9/10/2008 NAPA AUTO PARTS 38.73 AP - 00272754 9/10/2008 NAPA AUTO PARTS 23.83 AP - 00272755 9/10/2008 NAVARRO, JOSEFINA 36.00 AP - 00272756 9/10/2008 NIXON EGLI EQUIPMENT CO 1,064.00 AP - 00272757 9/10/2008 NOONAN, BEVERLY 10.00 AP - 00272759 9/10/2008 OCASSE-PDC 30.00 AP - 00272760 9/10/2008 OCCUPATIONAL HEALTH CENTERS OF CALIFO 176.03 AP - 00272760 9/10/2008 OCCUPATIONAL HEALTH CENTERS OF CALIFO 68.62 AP - 00272760 9/10/2008 OCCUPATIONAL HEALTH CENTERS OF CALIFO 438.00 AP - 00272760 9/10/2008 OCCUPATIONAL HEALTH CENTERS OF CALIFO 355.00 AP - 00272761 9/10/2008 OFFICE DEPOT 186.06 AP - 00272761 9/10/2008 OFFICE DEPOT 87.11 AP - 00272761 9/10/2008 OFFICE DEPOT 472.17 AP - 00272761 9/10/2008 OFFICE DEPOT -172.39 AP - 00272761 9/10/2008 OFFICE DEPOT 6.49 AP - 00272761 9/10/2008 OFFICE DEPOT 416.02 AP - 00272761 9/10/2008 OFFICE DEPOT 24.85 AP - 00272761 9/10/2008 OFFICE DEPOT 100.88 AP - 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00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 3.28 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 9.65 AP - 00272765 9/]0/2008 ORCHARD SUPPLY HARDWARE 4.27 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 34.30 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 29.07 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 6.23 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 3.22 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE S 1.68 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 45.82 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 25.62 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 152.86 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 18.18 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 28.88 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 149.70 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 202.57 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 35.39 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 49.51 AP - 00272765 9/10/2008 ORCHARD SUPPLY HARDWARE 108.22 AP - 00272766 9/10/2008 OWEN ELECTRIC INC 275.10 AP - 00272766 9/10/2008 OWEN ELECTRIC INC 196.24 AP - 00272767 9/10/2008 PALAKI, MELE 409.00 AP - 00272768 9/10/2008 PALEI, MOSAATI 500.00 AP - 00272769 9/10/2008 PENDLETON PARTNERS INC 16,648.08 AP - 00272769 9/10/2008 PENDLETON PARTNERS INC 1,266.03 AP - 00272770 9/10/2008 PETES ROAD SERVICE INC 42.00 AP - 00272770 9/10/2008 PETES ROAD SERVICE INC 814.23 AP - 00272770 9/10/2008 PETES ROAD SERVICE INC 17.65 AP - 00272770 9/10/2008 PETES ROAD SERVICE INC 1,892.63 AP - 00272770 9/10/2008 PETES ROAD SERVICE INC 585.50 AP - 00272770 9/] 0/2008 PETES ROAD SERVICE INC 225.73 AP - 00272771 9/10/2008 PIONEER MANUFACTURING 196.06 AP - 00272771 9/10/2008 PIONEER MANUFACTURING 193.63 AP - 00272771 9/10/2008 PIONEER MANUFACTURING 2,149.62 AP - 00272773 9/10/2008 PLAYPOWER LT FARMINGTON INC 774.21 AP - 00272774 9/10/2008 PONDEROSA DENTAL GROUP 261.98 AP - 00272775 9/10/2008 PORTER, DORTHY J 595.00 AP - 00272776 9/10/2008 POUK AND STEINLE INC. 18,401.70 AP - 00272777 9/10/2008 PRE-PAID LEGAL SERVICES INC 22.80 AP - 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00272819 9/10/2008 SOUTHERN CALIFORNIA EDISON 11.87 AP - 00272819 9/10/2008 SOUTHERN CALIFORNIA EDISON 651.82 AP - 00272819 9/10/2008 SOUTHERN CALIFORNIA EDISON 5,917.39 AP - 00272820 9/10/2008 SOUTHLAND SPORTS OFFICIALS 1,127.00 AP - 00272821 9/] 0/2008 SPAGNOLQ SAM 148.41 AP - 00272821 9/10/2008 SPAGNOLO, SAM 8.00 AP - 00272822 9/10/2008 SPECIALIZED BUILDER'S HARDWARE INC 257.18 AP - 00272823 9/10/2008 SUNBELT RENTALS INC 1,110.83 AP - 00272824 9/10/2008 SUNGARD BI TECH INC 84,216.86 AP - 00272824 9/10/2008 SUNGARD BI TECH INC 2,125.00 AP - 00272825 9/10/2008 SUNRISE FORD 87.41 AP - 00272825 9/10/2008 SUNRISE FORD 46.72 AP - 00272826 9/10/2008 SUNSHINE GROWERS NURSERY INC 150.85 AP - 00272827 9/10/2008 SWARNA, MURALI KRISHNA 468.00 AP - 00272828 9/10/2008 T AND D INSTALLATIONS 541.79 AP - 00272829 9/10/2008 T D M INC 35.00 AP - 00272830 9/10/2008 TISLER, ELAINE 85.00 AP - 00272831 9/10/2008 TRUMMELL, ANGELICA 60.32 User: VLOPEZ -Veronica Lopez Page: 13 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P123 Agenda Check Register 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272832 9/10/2008 TUCKER, MARYANN 150.00 AP - 00272833 9/10/2008 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00272833 9/10/2008 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00272833 9/10/2008 TURCH AND ASSOCIATES, DAVID 4,000.00 AP - 00272834 9/10/2008 ULTIMATE GEAR 102.50 AP - 00272835 9/10/2008 UNIFIRST UNIFORM SERVICE 62.39 AP - 00272835 9/10/2008 UNIFIRST UNIFORM SERVICE 901.69 AP - 00272835 9/10/2008 UNIFII2ST UNIFORM SERVICE 171.85 AP - 00272835 9/10/2008 UNIFIRST UNIFORM SERVICE 32.15 AP - 00272836 9/10/2008 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 51,002.90 AP - 00272837 9/10/2008 UNION BANK OF CALIFORNIA TRUSTEE FOR P, 270.32 AP - 00272837 9/10/2008 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 3,108.64 AP - 00272838 9/10/2008 UNION BANK OF CALIFORNIA TRUSTEE FOR P. 50,423.68 AP - 00272839 9/10/2008 UNITED SITE SERVICES OF CA EVC 217.78 AP - 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00272853 9/10/2008 VERIZON WIRELESS - LA 53.10 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 46.59 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 68.08 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 32.29 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 45.65 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 36.30 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 73.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.85 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 44.27 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 43.99 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.97 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 52.16 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 93.62 User: VLOPEZ -Veronica Lopez Page: 14 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P124 A>?enda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Dale Vendor Name Amount AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.86 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 64.12 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.87 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 57.97 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.43 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA -4.48 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.98 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 43.92 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 99.22 AP-00272853 9/10/2008 VERIZONWIRELESS-LA 110.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 95.32 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA -50.00 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 115.47 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.16 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 60.90 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIItELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 76.24 AP - 00272853 9/]0/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 45.87 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 43.54 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.21 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.21 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 43.79 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.21 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 59.75 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 46.25 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.31 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.08 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 46.25 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 90.52 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 30.84 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 User: VLOPEZ -Veronica Lopez Page: 15 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA Aeenda Check Re¢ister 9/10/2008 through 9/23/2008 P125 Check No. Check Date Vendor Name Amount AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 90.50 AP - 00272853 9/]0/2008 VERIZON WIRELESS - LA 46.25 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.84 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 46.25 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 46.25 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 46.25 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.50 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 32.04 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.06 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.08 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.85 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 20.01 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 33.10 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 33.10 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.85 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.13 AP - 00272853 9/10/2008 V'ERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 85.70 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 63.02 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/]0/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 65.98 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.94 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.13 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.50 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.07 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.15 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 34.88 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 65.47 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.95 User: VLOPEZ -Veronica Lopez Page: 16 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P126 Agenda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.93 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 43.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 75.24 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 35.74 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 58.39 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 67.96 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.84 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 98.32 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 41.77 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 0.07 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.05 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 32.98 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 63.33 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.13 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 62.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 48.95 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 46.90 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 48.95 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 48.17 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 47.18 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 49.25 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 46.90 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 55.77 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 48.95 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 6.06 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 6.06 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 6.13 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 6.06 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 6.06 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 6.06 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.30 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.85 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.85 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.10 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 55.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 User: VLOPEZ -Veronica Lopez Page: 17 Curren[ Date: 09/24/200 Report: CK_AGENDA_R EG_PORTRAI T_RC - CK: Agenda Check Register Pomait Layout Time: ] 6:25:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/10/2008 through 9/23/2008 P127 Check No. Check Date Vendor Name Amount AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.97 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 73.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.60 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 109.21 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 70.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA ~ 48.20 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.82 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 65.44 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.08 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.44 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 34.88 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 34.88 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.13 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 34.35 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 43.09 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 33.78 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 45.61 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/] 0/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 44.27 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 47.03 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 43.54 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 53.05 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 50.41 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 60.73 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 41.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 40.91 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 45.60 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 20.01 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 3 ].80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 31.80 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 41.77 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 69.17 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 44.16 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 60.42 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 37.83 User: VLOPEZ -Veronica Lopez Page: 18 Curren[ Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA p~ 2g Aeenda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 93.98 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.08 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 60.61 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 42.97 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.54 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 36.94 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 43.51 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 36.94 AP - 00272853 9/10/2008 VERIZON WIItELESS - LA 36.94 AP - 00272853 9/10/2008 VERIZON WIItELESS - LA 39.13 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.24 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 36.94 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 47.47 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 38.24 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 44.27 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 36.94 AP - 00272853 9/10/2008 VERIZON WII2ELESS - LA 37.83 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 36.94 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 36.94 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 41.39 AP - 00272853 9/10/2008 VERIZON WIRELESS - LA 39.50 AP - 00272856 9/10/2008 VERIZON 69.96 AP - 00272856 9/10/2008 VERIZON 21.52 AP - 00272856 9/10/2008 VERIZON 19.22 AP - 00272856 9/10/2008 VERIZON 1,371.79 AP - 00272856 9/10/2008 VERIZON 32.87 AP - 00272856 9/10/2008 VERIZON 192.60 AP - 00272856 9/10/2008 VERIZON 45.78 AP - 00272856 9/10/2008 VERIZON 147.13 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 376.77 AP - 00272856 9/10/2008 VERIZON 34.97 AP - 00272856 9/10/2008 VERIZON 34.97 AP - 00272856 9/10/2008 VERIZON 35.48 AP - 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00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 43.86 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 19.66 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 34.97 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 70.89 AP - 00272856 9/10/2008 VERIZON 87.94 AP - 00272856 9/10/2008 VERIZON 33.89 AP - 00272856 9/10/2008 VERIZON 358.86 AP-00272857 9/10/2008 VERIZON 2,421.03 AP - 00272858 9/10/2008 VICTOR MEDICAL COMPANY 54.60 AP - 00272859 9/10/2008 VILLEGAS, DANIEL 59.31 AP - 00272860 9/10/2008 VISITING HOME NURSES INC 486.85 AP - 00272861 9/10/2008 VOSS, STEPHANIE 70.20 AP - 00272862 9/10/2008 WALTERS WHOLESALE ELECTRIC CO 43.29 AP - 00272862 9/10/2008 WALTERS WHOLESALE ELECTRIC CO 394.21 AP - 00272862 9/10/2008 WALTERS WHOLESALE ELECTRIC CO 33.46 AP - 00272862 9/10/2008 WALTERS WHOLESALE ELECTRIC CO 232.56 AP - 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00272869 9/10/2008 WESTERN UNIVERSITY 35.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 35.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 20.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 30.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 35.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 35.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 35.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 30.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 35.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 35.00 AP - 00272869 9/10/2008 WESTERN UNIVERSITY 35.00 AP - 00272870 9/10/2008 WESTRUX INTERNATIONAL INC 1,201.39 AP - 00272871 9/10/2008 WHEELWORK ARTS LLC 40,000.00 AP - 00272871 9/10/2008 WHEELWORK ARTS LLC -2,800.00 AP - 00272872 9/10/2008 WHITE CAP CONSTRUCTION SUPPLY 1,048.11 AP - 00272873 9/10/2008 WILLIAM MORRIS AGENCY LLC 5,000.00 AP - 00272874 9/10/2008 WOJCIK, MELISSA 30.00 AP - 00272876 9/10/2008 ZEE MEDICAL INC 178.56 AP - 00272877 9/16/2008 PENDLETON PARTNERS INC 1,266.03 AP - 00272877 9/16/2008 PENDLETON PARTNERS INC 16,648.05 AP - 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00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272888 9/17/2008 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00272889 9/17/2008 AMERICAN BODY ARMOR & EQUIPMENT INC. 323.25 AP - 00272890 9/17/2008 AMERICAN MATERIAL HANDLING 1,432.00 AP - 00272891 9/17/2008 AMERICAN REGISTRY FOR INTERNET NUMBE] 100.00 AP - 00272892 9/17/2008 AMERICAN ROTARY BROOM CO. 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00272910 9/17/2008 BRODART BOOKS 10.67 AP - 00272910 9/17/2008 BRODART BOOKS 22.26 AP - 00272910 9/17/2008 BRODART BOOKS 27.73 AP - 00272910 9/17/2008 BRODART BOOKS 373.80 AP - 00272910 9/17/2008 BRODART BOOKS 4.26 AP - 00272910 9/17/2008 BRODART BOOKS 17.04 AP - 00272910 9/17/2008 BRODART BOOKS 4.26 AP - 00272910 9/17/2008 BRODART BOOKS 54.94 AP - 00272910 9/17/2008 BRODART BOOKS 53.68 AP - 00272910 9/17/2008 BRODART BOOKS 6.42 AP - 00272910 9/17/2008 BRODART BOOKS 140.46 AP - 00272910 9/17/2008 BRODART BOOKS 55.35 AP - 00272910 9/17/2008 BRODART BOOKS 51.12 AP - 00272910 9/17/2008 BRODART BOOKS 6.42 AP - 00272910 9/17/2008 BRODART BOOKS 14.01 AP - 00272910 9/17/2008 BRODART BOOKS 72.82 AP - 00272910 9/17/2008 BRODART BOOKS 42.86 AP - 00272910 9/17/2008 BRODART BOOKS 4.26 AP - 00272910 9/17/2008 BRODART BOOKS 6.42 AP - 00272910 9/17/2008 BRODART BOOKS 15.04 AP - 00272910 9/17/2008 BRODART BOOKS 4.26 AP - 00272910 9/17/2008 BRODART BOOKS 4.26 AP - 00272910 9/17/2008 BRODART BOOKS 8.52 AP - 00272910 9/17/2008 BRODART BOOKS 55.70 AP - 00272910 9/17/2008 BRODART BOOKS 45.06 AP - 00272910 9/17/2008 BRODART BOOKS 4.26 AP - 00272910 9/17/2008 BRODART BOOKS 29.80 AP - 00272910 9/17/2008 BRODART BOOKS 10.68 AP - 00272910 9/17/2008 BRODART BOOKS 14.94 AP - 00272910 9/17/2008 BRODART BOOKS 10.68 AP - 00272910 9/17/2008 BRODART BOOKS 17.04 AP - 00272910 9/17/2008 BRODART BOOKS 4.26 AP - 00272910 9/17/2008 BRODART BOOKS 15.47 AP - 00272910 9/17/2008 BRODART BOOKS 13.98 User: VLOPEZ -Veronica Lopez Page: 23 Current Date: 09/24/200 ReporbCK_AGENDA_REG_PORTRAIT_RC - CK Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA Agenda Check Register 9/10/2008 through 9/23/2008 P133 Check No. Check Date Vendor Name Amount AP - 00272910 9/17/2008 BRODART BOOKS 16.47 AP - 00272910 9/17/2008 BRODART BOOKS 55.39 AP - 00272910 9/17/2008 BRODART BOOKS 70.37 AP - 00272910 9/17/2008 BRODART BOOKS 102.44 AP - 002729]0 9/17/2008 BRODART BOOKS 27.99 AP - 002729]0 9/17/2008 BRODART BOOKS 30.16 AP - 00272910 9/17/2008 BRODART BOOKS 44.52 AP - 00272910 9/17/2008 BRODART BOOKS 20.15 AP - 00272910 9/17/2008 BRODART BOOKS 15.04 AP - 00272910 9/17/2008 BRODART BOOKS 9.65 AP - 00272910 9/17/2008 BRODART BOOKS 24.24 AP - 00272910 9/17/2008 BRODART BOOKS 17.41 AP - 00272910 9/17/2008 BRODART BOOKS 39.17 AP - 00272910 9/17/2008 BRODART BOOKS 19.33 AP - 00272910 9/17/2008 BRODART BOOKS 49.19 AP - 00272910 9/17/2008 BRODART BOOKS 14.00 AP - 00272910 9/17/2008 BRODART BOOKS 51.50 AP - 00272910 9/17/2008 BRODART BOOKS 55.42 AP - 00272910 9/17/2008 BRODART BOOKS 87.38 AP - 00272910 9/17/2008 BRODART BOOKS 13.41 AP - 00272910 9/17/2008 BRODART BOOKS 24.20 AP - 002729]0 9/17/2008 BRODART BOOKS 177.40 AP - 00272910 9/17/2008 BRODART BOOKS 99.30 AP - 00272910 9/17/2008 BRODART BOOKS 40.40 AP - 00272910 9/17/2008 BRODART BOOKS 85.27 AP - 00272910 9/17/2008 BRODART BOOKS 55.42 AP - 00272910 9/17/2008 BRODART BOOKS 62.22 AP - 00272910 9/17/2008 BRODART BOOKS 46.22 AP - 00272910 9/17/2008 BRODART BOOKS 32.10 AP - 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00272942 9/17/2008 COVENANT STAFFING INC. 26.67 AP - 00272942 9/17/2008 COVENANT STAFFING INC. 711.20 AP - 00272942 9/17/2008 COVENANT STAFFING INC. 533.40 AP - 00272942 9/17/2008 COVENANT STAFFING INC. 711.20 AP - 00272942 9/17/2008 COVENANT STAFFING INC. 711.20 AP - 00272942 9/17/2008 COVENANT STAFFING INC. 146.69 AP - 00272942 9/17/2008 COVENANT STAFFING INC. 711.20 AP - 00272942 9/17/2008 COVENANT STAFFING INC. 702.31 AP - 00272942 9/17/2008 COVENANT STAFFING INC. 66.68 AP - 00272943 9/17/2008 CPRS 135.00 AP - 00272944 9/17/2008 CRIDLAND, KYLE 38.61 AP - 00272945 9/17/2008 CS LEGACY CONSTRUCTION INC. 248,812.25 AP - 00272945 9/17/2008 CS LEGACY CONSTRUCTION INC. -24,881.22 AP - 00272946 9/17/2008 CUCAMONGA ESTATES 52 LLC 630.00 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 36.80 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 378.62 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 150.56 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,330.73 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 620.09 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,277.15 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 503.42 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,182.68 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT ]26.60 User: VLOPEZ -Veronica Lopez Page: 25 Current Dale: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P135 AEenda Check ReEister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 114.95 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,517.60 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 20,186.94 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 321.24 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 207.88 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 6,926.46 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 3,932.49 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 678.21 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,089.93 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,215.42 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 682.13 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,708.92 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 71.24 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 212.24 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 199.91 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 379.29 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 72.95 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,008.89 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 140.63 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 165.71 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 217.14 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 133.28 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 109.98 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 113.54 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 322.58 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 4,245.83 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 5,288.45 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 4,562.30 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 175.94 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 68.78 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 194.27 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,064.55 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 972.59 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 209.78 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 112.13 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,375.85 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,171.40 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 2,001.89 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,095.57 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 34.58 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 4,657.23 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 438.80 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 245.03 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 121.48 AP - 00272949 9/] 7/2008 CUCAMONGA VALLEY WATER DISTRICT 586.25 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT ] 58.66 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 7,168.96 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 2,841.15 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,753.73 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,239.08 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 639.47 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 18.40 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,157.30 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 552.05 User: VLOPEZ -Veronica Lopez Page: 26 Current Date: 09/24/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P136 At?enda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,091.03 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,384.62 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 855.87 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,576.70 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 299.66 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 95.21 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 5,211.68 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 68.41 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 4,815.47 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 116.36 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 160.67 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 470.63 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 2]4.01 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 46.16 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 171.71 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 2,724.12 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 6,048.90 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 4,279.21 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 244.66 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 451.20 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 932.01 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 564.00 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 75.46 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 4,641.72 AP - 00272949 9/17/2008 CUCAMONGA VALLEY WATER DISTRICT 1,423.10 AP - 00272951 9/17/2008 D AND K CONCRETE COMPANY 768.26 AP - 00272952 9/17/2008 DAISY WHEEL RIBBON CO INC 1,049.41 AP - 00272954 9/17/2008 DATA QUICK 130.50 AP - 00272955 9/17/2008 DAMS, AZIZA 35.10 AP - 00272956 9/17/2008 DEER CREEK OIL &LUBE 18.99 AP - 00272956 9/17/2008 DEER CREEK OIL &LUBE ] 8.99 AP - 00272956 9/17/2008 DEER CREEK OIL &LUBE 18.99 AP - 00272956 9/17/2008 DEER CREEK OIL &LUBE 18.99 AP - 00272956 9/17/2008 DEER CREEK OIL &LUBE 19.69 AP - 00272957 9/17/2008 DEPARTMENT OF JUSTICE 160.00 AP - 00272957 9/17/2008 DEPARTMENT OF JUSTICE 61.00 AP - 00272957 9/17/2008 DEPARTMENT OF JUSTICE 2,311.00 AP - 00272958 9/17/2008 DEPARTMENT OF TRANSPORTATION 2,146.64 AP - 00272958 9/17/2008 DEPARTMENT OF TRANSPORTATION 1,806.25 AP - 00272959 9/17/2008 DOREY, JULIE 45.00 AP - 00272960 9/17/2008 DUNN EDWARDS CORPORATION 56.76 AP - 00272961 9/17/2008 DYNASTY SCREEN PRINTING 2,230.75 AP - 00272962 9/17/2008 E.D.D. RIVERSIDE AREA COLLECTION OFFICE 409.02 AP - 00272963 9/17/2008 EDFUND 164.91 AP - 00272964 9/17/2008 EMPLOYMENT DEVELOPMENT DEPT. 16,428.00 AP - 00272965 9/17/2008 ESPINO, ALICIA 75.99 AP - 00272966 9/17/2008 EVANS, BELINDA 82.00 AP - 00272967 9/17/2008 EWING IRRIGATION PRODUCTS 95.52 AP - 00272967 9/17/2008 EWING IRRIGATION PRODUCTS 107.21 AP - 00272968 9/17/2008 EXPERIAN 52.00 AP - 00272969 9/17/2008 EXTREME ANIMAL NUTRITION 499.24 AP - 00272971 9/17/2008 FARLEY, ANN CLOSS- 2,500.00 AP - 00272972 9/17/2008 FAST SCANNING 853.60 AP - 00272973 9/17/2008 FEDERAL EXPRESS CORP 49.28 User: VLOPEZ -Veronica Lopez Page: 27 Current Date: 09/24/200 Report:CK_AGENDA_R EG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 1625:3 CITY OF RANCHO CUCAMONGA P137 Agenda Check ReEister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00272973 9/17/2008 FEDERAL EXPRESS CORP 27.28 AP - 00272973 9/17/2008 FEDERAL EXPRESS CORP 28.08 AP - 00272974 9/17/2008 FIERRO, HELEN 218.00 AP - 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00272993 9/17/2008 GRAINGER 6.98 AP - 00272993 9/17/2008 GRAINGER 181.02 AP - 00272993 9/17/2008 GRAINGER 33.47 AP - 00272993 9/17/2008 GRAINGER -306.87 AP - 00272993 9/17/2008 GRAINGER 176.50 AP - 00272993 9/17/2008 GRAINGER 1,078.36 AP - 00272994 9/17/2008 GRATING PACIFIC INC 1,008.54 AP - 00272995 9/17/2008 GRIMM, DANIEL 100.00 AP - 00272996 9/17/2008 HAAKFR EQUIPMENT CO 794.68 AP - 00272996 9/17/2008 HAAKFR EQUIPMENT CO 374.09 AP - 00272996 9/17/2008 HAAKFR EQUIPMENT CO 65.57 AP - 00272997 9/17/2008 HANSON, BARRYE 25.00 AP - 00272998 9/17/2008 HARDY, MICHAEL 240.00 AP - 00272999 9/17/2008 HARTRICK, PATRICK 15.00 AP - 00273000 9/17/2008 HILLS PET NUTRITION SALES INC 1,939.08 AP - 00273000 9/17/2008 HILLS PET NUTRITION SALES INC 105.24 AP - 00273001 9/17/2008 HOGLE-IRELAND 30,306.57 AP - 00273002 9/17/2008 HORN, JOAN 250.00 AP - 00273003 9/17/2008 HOSE MAN INC 63.67 AP - 00273003 9/17/2008 HOSE MAN INC 910.51 AP - 00273003 9/17/2008 HOSE MAN INC 462.16 AP - 00273004 9/17/2008 HOUGH, ELAINE 200.00 AP - 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00273012 9/17/2008 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00273012 9/17/2008 INLAND VALLEY EMERGENCY PET CLINIC 157.00 AP - 00273012 9/17/2008 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00273012 9/17/2008 INLAND VALLEY EMERGENCY PET CLINIC 52.50 AP - 00273013 9/17/2008 INLAND VALLEY RV SERVICE & SUPPLIES 99.00 AP - 00273013 9/17/2008 INLAND VALLEY RV SERVICE & SUPPLIES 377.93 AP - 00273014 9/17/2008 INSIGHT 3,002.88 AP - 00273016 9/17/2008 ISLAM, MOHAMMED 500.00 AP - 00273017 9/17/2008 JONES AND MAYER, LAW OFFICES OF 391.50 AP - 00273018 9/17/2008 JORGENSON, ERIC 100.00 AP - 00273019 9/17/2008 JZ'S PARTY CHARM 2,458.38 AP - 00273020 9/17/2008 K K WOODWORKING 119.57 AP - 00273021 9/17/2008 KELLER, JOHN D. 100.00 AP - 00273022 9/17/2008 KILLINGER, SARAH 21.79 AP - 00273023 9/17/2008 KLAUS AND SONS 5,800.00 AP - 00273025 9/17/2008 KORANDA CONSTRUCTION 7,800.00 AP - 00273026 9/17/2008 LAB SAFETY SUPPLY INC 114.10 AP - 00273027 9/17/2008 LAND FORMS LANDSCAPE CONSTRUCTION INi 18,790.84 AP - 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00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 3,988.67 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 1,910.52 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 8,853.23 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 3,754.44 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 5,511.22 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 304.52 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 269.18 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 72.16 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 1,121.31 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 1,517.23 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 2,060.84 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 4,162.61 AP - 00273035 9/17/2008 MARIPOSA HORTICULTURAL ENT INC 959.38 User: VLOPEZ -Veronica Lopez Page: 29 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P139 Agenda Check Res=ister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00273036 9/17/2008 MARK CHRISTOPHER INC 108.65 AP - 00273038 9/17/2008 MARTINEZ UNION SERVICE 45.00 AP - 00273038 9/17/2008 MARTINEZ UNION SERVICE 45.00 AP - 00273039 9/17/2008 MARTINEZ, KRIS 85.00 AP - 00273040 9/17/2008 MCC EQUIPMENT RENTALS INC 10,000.00 AP - 00273041 9/17/2008 MENSIK, JOSEPH 219.46 AP - 00273042 9/17/2008 MICHAEL, L. DENNIS 284.31 AP - 00273043 9/17/2008 MIDDLE COUNTRY PUBLIC LIBRARY 10,000.00 AP - 00273043 9/17/2008 MIDDLE COUNTRY PUBLIC LIBRARY 2,000.00 AP - 00273044 9/17/2008 MIGHTY MOVERS TRAILERS INC 12,240.40 AP - 00273046 9/17/2008 MOUNTAIN VIEW GLASS AND MIRROR INC 357.18 AP - 00273047 9/17/2008 MOUNTAIN VIEW SMALL ENG REPAIR 26.88 AP - 00273047 9/17/2008 MOUNTAIN VIEW SMALL ENG REPAIR 91.43 AP - 00273048 9/17/2008 MRS KNOTTS CHICKEN DINNER RESTAURANT 100.00 AP - 00273049 9/17/2008 NAPA AUTO PARTS 34.37 AP - 00273049 9/17/2008 NAPA AUTO PARTS 3.04 AP - 00273050 9/17/2008 NELSON AND SLXTA 800.00 AP - 00273051 9/17/2008 NETMANAGE INC 2,925.00 AP - 00273052 9/17/2008 NEXTEL 75.36 AP - 00273052 9/17/2008 NEXTEL 72.64 AP - 00273053 9/17/2008 NINYO & MOORE 769.75 AP - 00273054 9/17/2008 NORMAN A TRAUB ASSOCIATES 5,096.72 AP - 00273056 9/17/2008 NPI PRODUCTION SERVICES INC 28,200.00 AP - 00273057 9/17/2008 GATES, DOREEN 136.00 AP - 00273059 9/17/2008 OFFICE DEPOT -33.94 AP - 00273059 9/17/2008 OFFICE DEPOT 19.98 AP - 00273059 9/17/2008 OFFICE DEPOT 304.44 AP - 00273059 9/17/2008 OFFICE DEPOT 86.97 AP - 00273059 9/17/2008 OFFICE DEPOT 52.78 AP - 00273059 9/17/2008 OFFICE DEPOT 74.24 AP - 00273059 9/17/2008 OFFICE DEPOT 119.33 AP - 00273059 9/17/2008 OFFICE DEPOT 39.68 AP - 00273059 9/17/2008 OFFICE DEPOT 56.30 AP - 00273059 9/17/2008 OFFICE DEPOT 217.45 AP - 00273059 9/17/2008 OFFICE DEPOT 61.55 AP - 00273059 9/17/2008 OFFICE DEPOT 12.18 AP - 00273059 9/17/2008 OFFICE DEPOT 37.85 AP - 00273059 9/17/2008 OFFICE DEPOT 156.08 AP - 00273059 9/17/2008 OFFICE DEPOT 112.40 AP - 00273059 9/17/2008 OFFICE DEPOT 64.49 AP - 00273059 9/17/2008 OFFICE DEPOT 54.19 AP - 00273059 9/17/2008 OFFICE DEPOT 32.89 AP - 00273059 9/17/2008 OFFICE DEPOT 43.11 AP - 00273059 9/17/2008 OFFICE DEPOT 37.35 AP - 00273059 9/17/2008 OFFICE DEPOT 84.31 AP - 00273059 9/17/2008 OFFICE DEPOT 18.10 AP - 00273059 9/17/2008 OFFICE DEPOT 21.32 AP - 00273059 9/17/2008 OFFICE DEPOT 9.75 AP - 00273059 9/17/2008 OFFICE DEPOT 233.36 AP - 00273059 9/17/2008 OFFICE DEPOT 215.20 AP - 00273059 9/17/2008 OFFICE DEPOT 103.12 AP - 00273059 9/17/2008 OFFICE DEPOT 40.92 AP - 00273059 9/] 7/2008 OFFICE DEPOT 14.06 AP - 00273059 9/17/2008 OFFICE DEPOT 406.61 User: VLOPEZ -Veronica Lopez Page: 30 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P140 A>?enda Check ReEister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00273059 9/17/2008 OFFICE DEPOT 153.04 AP - 00273059 9/17/2008 OFFICE DEPOT 56.89 AP - 00273059 9/17/2008 OFFICE DEPOT 16.56 AP - 00273059 9/17/2008 OFFICE DEPOT 4.73 AP - 00273059 9/17/2008 OFFICE DEPOT 8.16 AP - 00273059 9/17/2008 OFFICE DEPOT 13.25 AP - 00273059 9/17/2008 OFFICE DEPOT 28.24 AP - 00273059 9/17/2008 OFFICE DEPOT 79.54 AP - 00273059 9/17/2008 OFFICE DEPOT 182.51 AP - 00273059 9/17/2008 OFFICE DEPOT 41.01 AP - 00273059 9/17/2008 OFFICE DEPOT -28.25 AP - 00273059 9/17/2008 OFFICE DEPOT 129.85 AP - 00273059 9/17/2008 OFFICE DEPOT 673.18 AP - 00273060 9/17/2008 ONTARIO WINNELSON CO 228.69 AP - 00273060 9/17/2008 ONTARIO WINNELSON CO 29.88 AP - 00273061 9/17/2008 ONTARIO, CITY OF 14,593.58 AP - 00273062 9/17/2008 ORCHARD SUPPLY HARDWARE 10.73 AP - 00273062 9/17/2008 ORCHARD SUPPLY HARDWARE 15.17 AP - 00273063 9/17/2008 ORONA, PATRICIA 450.00 AP - 00273063 9/17/2008 ORONA, PATRICIA 300.00 AP - 00273064 9/17/2008 OWEN ELECTRIC INC 117.39 AP - 00273064 9/17/2008 OWEN ELECTRIC INC 56.01 AP - 00273064 9/17/2008 OWEN ELECTRIC INC 14.61 AP - 00273065 9/17/2008 PAL CAMPAIGN 82.00 AP - 00273066 9/17/2008 PARKES, NLIE 15.00 AP - 00273067 9/17/2008 PARTNERSHIP, THE 1,000.00 AP - 00273068 9/17/2008 PATTON SALES CORD 253.49 AP - 00273068 9/17/2008 PATTON SALES CORP 214.96 AP - 00273069 9/17/2008 PC WORLD 24.95 AP - 00273070 9/17/2008 PEP BOYS 62.40 AP - 00273071 9/17/2008 PERVO PAINT CO 863.08 AP - 00273072 9/17/2008 PHOENIX GROUP INFORMATION SYSTEMS 615.35 AP - 00273073 9/17/2008 PIONEER MANUFACTURING 581.85 AP - 00273074 9/17/2008 PIRANHA POOL & SPA CONSTRUCTORS INC 200.00 AP - 00273074 9/17/2008 PIRANHA POOL & SPA CONSTRUCTORS INC 200.00 AP - 00273074 9/17/2008 PIRANHA POOL & SPA CONSTRUCTORS INC 200.00 AP - 00273075 9/17/2008 PITASSI ARCHITECTS INC 8,827.73 AP - 00273075 9/17/2008 PITASSI ARCHITECTS INC 7,127.92 AP - 00273076 9/17/2008 PMI 1,464.90 AP - 00273077 9/17/2008 PRE-PAID LEGAL SERVICES INC 266.49 AP - 00273078 9/17/2008 PRO-PLANET INDUSTRIAL SUPPLY 873.78 AP - 00273080 9/17/2008 R AND R AUTOMOTIVE 721.82 AP - 00273080 9/17/2008 R AND R AUTOMOTIVE 165.79 AP - 00273080 9/17/2008 R AND R AUTOMOTNE 780.29 AP - 00273080 9/17/2008 R AND R AUTOMOTIVE 132.05 AP - 00273080 9/17/2008 R AND R AUTOMOTIVE 188.24 AP - 00273080 9/17/2008 R AND R AUTOMOTIVE 289.45 AP - 00273080 9/17/2008 R AND R AUTOMOTIVE 414.88 AP - 00273080 9/17/2008 R AND R AUTOMOTIVE 1,945.13 AP - 00273080 9/17/2008 R AND R AUTOMOTIVE 151.55 AP - 00273081 9/17/2008 RAGAN COMMUNICATIONS 139.00 AP - 00273082 9/17/2008 RANCHO REGIONAL VETERINARY HOSPITAL I 375.00 AP - 00273083 9/17/2008 RBM LOCK AND KEY SERVICE 96.98 AP - 00273083 9/17/2008 RBM LOCK AND KEY SERVICE 11.19 User: VLOPEZ -Veronica Lopez Page: 31 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P141 Agenda Check Resister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00273083 9/17/2008 RBM LOCK AND KEY SERVICE 67.34 AP - 00273083 9/17/2008 RBM LOCK AND KEY SERVICE 2.69 AP - 00273083 9/17/2008 RBM LOCK AND KEY SERVICE 21.55 AP - 00273084 9/17/2008 RGA ENVIRONMENTAL INC 2,230.00 AP - 00273085 9/17/2008 RICHARDS WATSON AND GERSHON 1,666.50 AP - 00273086 9/17/2008 RIPPETOE MILES LLP 326.23 AP - 00273086 9/17/2008 RIPPETOE MILES LLP 4,132.08 AP - 00273086 9/17/2008 RIPPETOE MILES LLP 1,479.18 AP - 00273086 9/17/2008 RIPPETOE MILES LLP 828.09 AP - 00273086 9/17/2008 RIPPETOE MILES LLP 1,139.53 AP - 00273086 9/17/2008 RIPPETOE MILES LLP 180.75 AP - 00273087 9/17/2008 RJM DESIGN GROUP INC 45,050.37 AP - 00273088 9/17/2008 ROBERT HALF TECHNOLOGY 256.00 AP - 00273090 9/17/2008 RUBIO, RONDA 900.00 AP - 00273091 9/17/2008 RUCKER SHEET METAL INC 150.85 AP - 00273092 9/17/2008 SAN ANTONIO COMMUNITY HOSPITAL 508.00 AP - 00273093 9/17/2008 SAN ANTONIO MATERIALS 504.46 AP - 00273093 9/17/2008 SAN ANTONIO MATERIALS 2,383.66 AP - 00273095 9/17/2008 SAN BERNARDINO COUNTY AUDITOR CONTR( 427.50 AP - 00273095 9/17/2008 SAN BERNARDINO COUNTY AUDITOR CONTR( 427.50 AP - 00273095 9/17/2008 SAN BERNARDINO COUNTY AUDITOR CONTR( 570.00 AP - 00273096 9/17/2008 SAN BERNARDINO CTY SHERIFFS DEPT 599.89 AP - 00273097 9/17/2008 SAN BERNARDINO CTY SHERIFFS DEPT 307.06 AP - 00273098 9/17/2008 SAN BERNARDINO CTY SHERIFFS DEPT 176.00 AP - 00273099 9/17/2008 SAN BERNARDINO, CITY OF 300.00 AP - 00273100 9/17/2008 SC FUELS 12,760.42 AP - 00273100 9/17/2008 SC FUELS 17,621.53 AP - 00273101 9/17/2008 SCMAF INLAND VALLEYS 430.00 AP - 00273102 9/17/2008 SCOTT, DIANA 375.00 AP - 00273103 9/17/2008 SCOTT, MICHAEL 450.00 AP - 00273104 9/17/2008 SEPKE, LAURIE M 250.00 AP - 00273105 9/17/2008 SHERIFFS COURT SERVICES 150.00 AP - 00273106 9/17/2008 SHERIFFS COURT SERVICES 142.48 AP - 00273107 9/17/2008 SHERIFFS COURT SERVICES 200.80 AP - 00273108 9/17/2008 SHIVERS-WHITE, VALERIE 250.00 AP - 00273109 9/17/2008 SHOETERIA 200.00 AP - 00273109 9/] 7/2008 SHOETERIA 200.00 AP - 00273109 9/17/2008 SHOETERIA 126.06 AP - 00273109 9/17/2008 SHOETERIA 184.23 AP - 00273110 9/17/2008 SIMPLOT PARTNERS 2,101.13 AP - 00273110 9/17/2008 SIMPLOT PARTNERS 1,750.94 AP - 00273110 9/17/2008 SIMPLOT PARTNERS 1,996.88 AP - 00273110 9/17/2008 SIMPLOT PARTNERS 4,600.93 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.28 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.44 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.87 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 102.23 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 97.35 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 002731 ] 6 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.99 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 50.58 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 71.33 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 9.27 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 User: VLOPEZ -Veronica Lopez Page: 32 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA Aeenda Check ReEister 9/10/2008 through 9/23/2008 PT42 Check No. Check Date Vendor Name Amoun[ AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.56 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 114.89 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 37.20 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 24.08 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 194.39 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 35.69 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 19.73 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.99 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 49.12 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 328.39 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 574.72 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 669.94 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 1,046.10 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 23.40 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.32 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 21.69 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 20.92 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 37.30 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 134.68 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.48 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 42.08 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 19.79 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 21.61 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 102.27 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 227.68 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 92.88 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 96.31 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 35.39 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 27.70 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 19.00 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 69.64 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 101.23 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 890.93 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 1,198.66 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 23.33 AP - 00273116 9/] 7/2008 SOUTHERN CALIFORNIA EDISON 52.65 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.08 AP - 00273116 9/17/2008 SOUTHERN CALIFORNL4 EDISON 33.39 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 57.62 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 49.18 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 39.44 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 113.65 User: VLOPEZ -Veronica Lopez Page: 33 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA Agenda Check Resister 9/10/2008 through 9/23/2008 P143 Check No. Check Date Vendor Name Amount AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 494.01 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 137.85 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.28 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 148.19 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 65.59 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 69.87 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/] 7/2008 SOUTHERN CALIFORNIA EDISON 17.71 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 52.06 AP - 002731 ] 6 9/17/2008 SOUTHERN CALIFORNIA EDISON 42.34 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 60.49 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 139.04 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 31.36 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 19.09 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 54.34 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.44 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 54.02 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 9.38 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 46.29 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.71 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 88.79 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 117.54 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 72.02 AP - 00273116 9/17/2008 SOUTHERN CALIFORNL4 EDISON 150.20 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 80.44 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.96 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 29.40 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 1,523.37 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 127.97 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 16.63 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON ] 6.95 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.71 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 1.14 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 19.85 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 36.49 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.11 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 79.12 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 109.06 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.87 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 27.49 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.99 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.11 User: VLOPEZ -Veronica Lopez Page: 34 Current Date: 09/24/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P144 Agenda Check Register 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 58.56 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 47.10 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 68.58 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 64.44 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.71 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.87 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.84 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 17.52 AP - 00273116 9/17/2008 SOUTHERN CALIFORNIA EDISON 18.65 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 19,429.89 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 181.47 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 29.34 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 30.11 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 12,170.86 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 118.33 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 34.52 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 4,317.94 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 10,330.29 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 1,086.66 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 6,466.29 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 71,374.49 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 44.24 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 4,212.90 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 2,868.67 AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 2,727.75 . AP - 00273117 9/17/2008 SOUTHERN CALIFORNIA EDISON 12,120.96 AP - 00273118 9/17/2008 SOUTHERN CALIFORNIA EDISON 2,240.73 AP - 00273119 9/17/2008 STEVES TOWING AND TRANSPORT 75.00 AP - 00273119 9/17/2008 STEVES TOWING AND TRANSPORT 75.00 AP - 00273120 9/17/2008 STOFA, JOSEPH 13.00 AP - 00273121 9/17/2008 SULLY-MILLER CONTRACTING COMPANY 14,362.46 AP - 00273121 9/17/2008 SULLY-MILLER CONTRACTING COMPANY -1,436.25 AP - 00273122 9/17/2008 SUNSHINE GROWERS NURSERY INC 40.51 AP - 00273123 9/17/2008 SVERLOW, GEORGE 70.00 AP - 00273124 9/17/2008 TATE, HEATHER 21.46 AP - 00273125 9/17/2008 TBH INC 224,563.94 AP - 00273125 9/17/2008 TBH INC 92,133.61 AP - 00273126 9/17/2008 THANG, LIDA 72.00 AP - 00273127 9/17/2008 TIFCO IND 903.40 AP - 00273129 9/17/2008 TOMARK SPORTS INC 1,871.92 AP - 00273130 9/17/2008 TREBILOCK, TERRY 15.00 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 5,310.81 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 15,707.39 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 215.30 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 7,432.79 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 2,073.90 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 3,109.02 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 444.90 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 552.26 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 834.61 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 4,799.51 User: VLOPEZ -Veronica Lopez Page: 35 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P145 Agenda Check Reeister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00273131 9/17/2008 TRUGREEN LANDCARE 4,430.92 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 30,397.03 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 78,145.90 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 21,521.30 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 57.34 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 16,828.97 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 23,034.86 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 2,014.07 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 2,022.13 AP - 00273131 9/17/2008 TRUGREEN LANDCARE 496.54 AP - 00273132 9/17/2008 UAP DISTRIBUTION INC 359.45 AP - 00273133 9/17/2008 UNDERGROUND SVC ALERT OF SO CAL 159.00 AP - 00273134 9/17/2008 UNDERGROUND TECHNOLOGY INC 1,369.80 AP - 00273136 9/17/2008 UNITED SITE SERVICES OF CA INC 10.60 AP - 00273137 9/17/2008 UNITED STATES POSTAL SERVICE 180.00 AP - 00273138 9/17/2008 UNITED WAY 304.82 AP - 00273139 9/17/2008 UPLAND ANIMAL HOSPITAL 19,063.43 AP - 00273140 9/17/2008 UPS 18.02 AP - 00273140 9/17/2008 UPS 71.81 AP - 00273141 9/17/2008 VALLEY CREST TREE COMPANY 841.11 AP - 00273141 9/17/2008 VALLEY CREST TREE COMPANY 79,7q AP - 00273142 9/17/2008 VALTIERRA, YVONNE 281.84 AP - 00273145 9/17/2008 VERIZON 19.66 AP - 00273145 9i 17/2008 VERIZON 19.66 AP - 00273145 9/17/2008 VERIZON 19.66 AP - 00273145 9/17/2008 VERIZON 19.66 AP - 00273145 9/17/2008 VERIZON 21.47 AP - 00273145 9/17/2008 VERIZON 21.47 AP - 00273145 9/17/2008 VERIZON 21.52 AP - 00273145 9/17/2008 VERIZON 33.89 AP - 00273145 9/17/2008 VERIZON 33.89 AP - 00273145 9/17/2008 VERIZON 33.89 AP - 00273145 9/17/2008 VERIZON 33.89 AP - 00273145 9/17/2008 VERIZON 33.89 AP - 00273145 9/17/2008 VERIZON 33.89 AP - 00273145 9/17/2008 VERIZON 33 gy AP - 00273145 9/17/2008 VERIZON 33.89 AP - 00273145 9/17/2008 VERIZON 34.05 AP - 00273145 9/17/2008 VERIZON 34.97 AP - 00273145 9/17/2008 VERIZON 34.97 AP - 00273145 9/17/2008 VERIZON 34.97 AP - 00273145 9/17/2008 VERIZON 34.97 AP - 00273145 9/17/2008 VERIZON 34.97 AP - 00273145 9/17/2008 VERIZON 35.68 AP - 00273145 9/17/2008 VERIZON 35.84 AP - 00273145 9/17/2008 VERIZON 36.82 AP - 00273145 9/17/2008 VERIZON 40.68 AP - 00273145 9/17/2008 VERIZON 41.78 AP - 00273145 9/17/2008 VERIZON 45.65 AP - 00273145 9/17/2008 VERIZON 45.65 AP - 00273145 9/17/2008 VERIZON 48.56 AP - 00273145 9/17/2008 VERIZON 49.39 AP - 00273145 9/17/2008 VERIZON 64.63 AP - 00273145 9/17/2008 VERIZON 67.79 User: VLOPEZ -Veronica Lopez Page: 36 Current Date: 09/24/200 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 16:25:3 CITY OF RANCHO CUCAMONGA P141i Agenda Check Relsister 9/10/2008 through 9/23/2008 Check No. Check Date Vendor Name Amount AP - 00273145 9/17/2008 VERIZON 70.60 AP - 00273145 9/17/2008 VERIZON 79.22 AP - 00273145 9/17/2008 VERIZON 87.58 AP - 00273145 9/ 17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 87.94 AP - 00273145 9/17/2008 VERIZON 104.95 AP - 00273145 9/17/2008 VERIZON 135.61 AP - 00273145 9/17/2008 VERIZON 151.76 AP - 00273145 9/17/2008 VERIZON 162.76 AP - 00273145 9/17/2008 VERIZON 224.92 AP - 00273145 9/17/2008 VERIZON 236.49 AP - 00273145 9/17/2008 VERIZON 468.08 AP - 00273145 9/17/2008 VERIZON 653.67 AP - 00273146 9/17/2008 VICTORIA ANIMAL HOSPITAL 550.00 AP - 00273147 9/17/2008 VILLAGE NURSERIES WHOLESALE LLC 192.69 AP - 00273148 9/17/2008 VISTA PAINT 23.95 AP - 00273149 9/17/2008 VWX COTILLIONS 250.00 AP - 00273150 9/17/2008 WALTERS WHOLESALE ELECTRIC CO 127.49 AP - 00273150 9/17/2008 WALTERS WHOLESALE ELECTRIC CO 545.22 AP - 00273150 9/17/2008 WALTERS WHOLESALE ELECTRIC CO 513.20 AP - 00273151 9/17/2008 WALTERS, KIMBERELY 38.00 AP - 00273152 9/17/2008 WAXIE SANITARY SUPPLY 1,423.61 AP - 00273152 9/17/2008 WAXIE SANITARY SUPPLY 569.71 AP - 00273152 9/17/2008 WAXIE SANITARY SUPPLY 402.47 AP - 00273153 9/17/2008 WEST COAST ARBORISTS INC 10,780.13 AP - 00273153 9/17/2008 WEST COAST ARBORISTS INC 18,548.96 AP - 00273155 9/17/2008 WEST SANITATION SERVICES INC 370.10 AP - 00273156 9/17/2008 WILDLIFE WENDY'S TROPICAL BIRDS 450.00 AP - 00273157 9/17/2008 WORD MILL PUBLISHING 725.00 AP - 00273159 9/18/2008 MENTAL HEALTH ASSOCIATION 60.00 Total for Check H) AP: 2,583,949.69 EP - 00000004 9/17/2008 SHELL ENERGY NORTH AMERICA 345,910.40 EP - 00000004 9/17/2008 SHELL ENERGY NORTH AMERICA 3,000.00 EP - 00000005 9/22/2008 VERNON, CITY OF 180,823.00 Total for Check ID EP: 529,733.40 Total Tor Entity: 3,113,683.09 User: VLOPEZ -Veronica Lopez Page: 37 Current Date: 09/24/200 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 16:25:3 NP147 DONALD J. KURTH, M.D. To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Dave Blevins, Public Works Services Director Ernest Ruiz, Streets, Storm Drain and Fleet Superintendent By' Dawn Haddon, C.P.M., CPPO, Purchasing Manager Subject: APPROVAL TO RESCIND THE AWARD FOR THE PURCHASE OF ONE (1) REPLACEMENT COMPRESSED NATURAL GAS ("CNG") POWERED ROLL- OFF TRUCK WITH ONE (1) ROLL-0FF STYLE WATER TANK CONTAINER AND THREE (3) ROLL-OFF STYLE DUMPSTER CONTAINERS FROM PECK ROAD TRUCK CENTER IN THE AMOUNT OF $219,963.01 AND TO RE- AWARD THE PURCHASE OF ONE (1) REPLACEMENT COMPRESSED NATURAL GAS ("CNG") POWERED ROLL-OFF TRUCK WITH ONE {1) ROLL-0FF STYLE WATER TANK CONTAINER AND THREE {3) ROLL-OFF STYLE DUMPSTER CONTAINERS FROM CARMENITA TRUCK CENTER IN THE AMOUNT $234,443.79 TO BE FUNDED FROM ACCOUNT NUMBER 1 712 001-5 604 (VEHICLE AND EQUIPMENT REPLACEMENT FUND). RECOMMENDATION Approval to rescind the award for the purchase of one (1) replacement Compressed Natural Gas ("CNG") powered roll-off truck with one (1) roll-off style water tank container and three (3) roll-off style dumpster containers from Peck Road Truck Center in the amount of $219,963.01 and to re-award the purchase of one (1) replacement Compressed Natural Gas ("CNG") powered roll-off truck with one (1) roll-off style water tank container and three (3) roll-off style dumpster containers from Carmenita Truck Center in the amount $234,443.79 to be funded from account number 1712001-5604 (vehicle and equipment replacement fund). BACKGROUND ANALYSIS City Council approved the purchase of one (1) CNG Roll-Off Truck in the Adopted FY 2006/2007 budget in the Vehicle Replacement Fund (Fund 712) and awarded the business to Peck Road Truck Center. !n July 2008 the Purchase Order to Peck Road Truck Center 10500 Civic Center Dc • PO. Box 807 • Rancho Cucamonga, CA 91729-0807 • Tel 909-477-2700 • Faz 909-477-2849 • www.ciryo&cus Date: October 1.2008 P148 was cancelled due to the vendor's failure to act. The same specifications that Fleet Maintenance had previously provided to Purchasing for the vehicle were utilized fora re- bid. Purchasing prepared a formal Request for Bid and sent it to eight (8) vendors; four (4) responses were received. After analysis of the bid responses by the Fleet Supervisor, Superintendent and Purchasing Staff, it has been determined that Carmenita Truck Center was the lowest, most responsive, responsible bidder that met the specifications required by the Public Works Services Department. Respectfully Submitted, Dave Blevins, Public Works Services Director P149 Staff Report DATE: October 1, 2008 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James C. Frost, City Treasur r BY: John R. Gillison, Deputy City Manager/Administrative Services_ ~\ SUBJECT: APPROVAL TO ADOPT ANNUAL STATEMENT OF IN~V-E=S{~TM~ENf T POLICY RECOMMENDATION Annually the City Council reviews the Statement of Investment Policy. It is recommended that the City Council approve and adopt the attached Statement of Investment Policy for the City of Rancho Cucamonga. BACKGROUND The City Council adopted a Statement of Investment Policy in July 1987. California Government Code, Section 53646, requires that the City Treasurer or Chief Fiscal Officer shall annually render to the City Council a Statement of Investment Policy, which shall be considered at a public meeting. Further, the City Council shall also consider any modifications to the investment policy at a public meeting. The proposed investment policy includes one modification for your approval. The modification adds Medium Term Corporate Notes to the list of authorized investments pursuant to California Government Code Section 53601 (j). The City's investment policy and practices are based upon Federal, State and local law and prudent money management. The primary goals of the City's policy are to assure compliance with all Federal, State and local law governing the investment of monies under the control of the City Treasurer, enhance the economic status of the City and to protect its pooled assets and to invest public funds prudently. The City Treasurer is authorized to invest the City's funds in accordance with the California P150 Government Code Section 53600 et seq. ("State Code"), and the investment policy adopted by the City Council. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report and Council receives a monthly Portfolio Summary of investment earnings provided at scheduled Council meetings. The City continues to maintain an investment strategy more conservative than required under State law. The City Treasurer and staff continue to monitor legislation, government code amendments, and professional practices pertaining to investing of public funds, ensuring amendments are reflected in the City's Statement of Investment Policy as required by local policy and State law and maintaining a prudent investment policy as prescribed by the City Council. Respectfully submitted, / ames C. Frost City Treasurer Attachments City Staf(Report 08.doc 2- P151 City of Rancho Cucamonga Statement oflnvestment Policy CITY OF RANCHO CUCAMONGA STATEMENT OF INVESTMENT POLICY 2008 RANCHO CUCAMONGA CALIFORNIA Prepared by the Administrative Services Department James C. Frost, Treasurer John R. GiUison, Deputy City Manager/Administrative Services, Deputy Treasurer P152 STATEMENT OF INVESTMENT POLICY CITY OF RANCHO CUCAMONGA INTRODUCTION The investment policy and practices of the City of Rancho Cucamonga are based upon state law, prudent money management and the "prudent person" standards. This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and outline the policies for maximizing the efficiency of the City's cash management system. The primary goal of this policy is to enhance the economic status of the City by protecting its pooled cash and to invest public funds to: 1. Meet the daily cash flow needs of the City. 2. Comply with all laws of the State of California regarding investment of public funds. 3. Achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default. SCOPE The investment policy applies to all investment activities of the City of Rancho Cucamonga. These funds are accounted for in the Rancho Cucamonga Comprehensive Annual Financial Report and include: General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, Trust and Agency Funds. Any new fund established by the City Council shall automatically be reflected in the Investment Policy. Bond proceeds shall be invested in accordance with the requirements and restrictions outlined in bond documents as approved by the City Council. Guidelines presented herein are not intended to apply to bond proceeds held by the City or by fiscal agents or trustees for bond holders of City debt. PRUDENCE/EVALUATION OF INVESTMENT OFFICER ACTIONS The actions of the City Treasurer and/or his appointed designee in the performance of their duties as managers of public funds shall be evaluated using the following "prudent person" standard applied in the context of managing the overall portfolio: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the professional management of their business affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Rev: 9/2008 P153 The City Treasurer and/or his appointed designee acting in accordance with the investment policy and the "prudent person" standazd and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that substantial deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments whenever possible. OBJECTIVE The City of Rancho Cucamonga operates its temporary pooled idle cash investment under the "Prudent Person" standard. This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et. seq.) and other legal restrictions as the City may impose from time to time. The objective of the investment portfolio is to meet the short and long term cash flow demands of the City. To achieve this objective, the portfolio will be structured to provide Safety of Principal and Liquidity, while then providing a reasonable return on investments. The City may direct its fiscal agents to invest funds associated with bonds or debt issues pending disbursement or reinvestment in "money market mutual funds" that aze shares of beneficial interest issued by diversified management companies. The criteria for "money market mutual funds" are more specifically described in California Government Code § 53601(1). INVESTMENT OB.IECTIVES Security purchases and holdings will be maintained within statutory limits imposed by Government Code. City policy has been to limit investments more stringently than required under state law. Criteria for selecting investments and the order of priority are: 1. Safety -The safety and risk associated with an investment refers to the potential loss of principal, interest, or combination thereof The City only operates in those investments that are considered safe. Investments shall be undertaken in a manner that seeks to ensure that capital losses resulting from institution default, broker/dealer default, or the erosion of market value are avoided. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. • Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in only high quality securities and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm City cash flow. • Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the Rev: 9/2008 2 P154 portfolio. It is explicitly recognized, however, that in a diversified portfolio, occasional measured losses may occur, and must be considered within the context of overall investment return. 2. Liquidity -This refers to the ability to sell these securities and terminate the agreement in order to receive cash at any moment in time with minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when, the need for unexpected funds occasionally occurs. The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. Invested bond proceeds will be structured so as to meet anticipated drawdown requirements. 3. Yield -The City's investment portfolio shall be designed with the objective of attaining a reasonable market rate of return throughout economic cycles, as long as it does not diminish the objectives of Safety and Liquidity. ETHICS AND CONFLICTS OF INTEREST The Treasurer/Deputy Treasurer and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers shall disclose any material financial interest in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio, particularly with regard to the time of purchases and sales. The Treasurer/Deputy Treasurer or investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). AUTHORIZED BROKER/llEALERS The City will transact business only with approved investment securities broker/dealers that are approved as an authorized broker/dealer in compliance with the City selection process. The Treasurer shall request all broker/dealers that wish to do business with the City to provide proof of capitalization to meet the City's needs, and agree to abide by the conditions set forth in this Investment Policy. All broker/dealers who want to become qualified bidders for investment transactions must have offices in the State of California and provide a current audited financial statement and complete the appropriate City Broker Dealer Questionnaire and Certification. The Treasurer will maintain a list of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services to the City. The City shall at least annually send a copy of the current investment policy to authorized broker/dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered evidence that the broker/dealer has read and understands the City's investment policy and will recommend and execute only transactions suitable for and in compliance with the City's investment policy. Rev: 9/2008 3 P155 AUTHORIZED INVESTMENTS The City is authorized by California Government Code Section 53600, et. seq. to invest in specific types of securities. The City has further limited the types of securities in which it may invest. Any security not listed is not a valid investment for the City. The concise list of approved securities is as follows: MAXIMUM /NVESTMENTS/DEPOSITS PERCENTAGES MATUR/TY* (See Government Code Section 53601) Securities of the U.S. Government, or its agencies Unlimited 5 years* Certificates of Deposit (or Time Deposits) Unlimited 5 years* (placed with commercial banks aaad/or savings and loan companies) Negotiable Certificates of Deposit 30% 5 years* Banker's Acceptances 40% 180 days Commercial Paper 30% 270 days (investments in Commercial Paper must be only with corporations with at least $.i 00 million in assets. Must be of "prime" quality of the highest rating or of the highest lel[er and numerical rating as provided for by Moody's /nvestor's Service /nc. or Standard & Poor's Corporation. Short term rating of at least 'A' or 'A//PI ' and a long-term rating of 'A' is required.) Local Agency Investment Fund (State Pool) Demand Deposits 40 MM** Daily Liquidity Joint Powers Authority (JPA) Investment Pool (Short-Term) 10% Daily Liquidity Deposit of Funds (See Government Code - n/a Section 53630 -Ref. C) Repurchase Agreements (Repos) 20% 1 year The market value ofthe securities that underlcry the repzzrchase agreement mats! be valued at 102% or greater the funds borrowed against the securities and the value must be adjusted no less than quarterly. An executed Master Repurchase Agreement must be on file Medium Term Corporate Notes 30% 5 years Investments in Medium Term Corporate Notes must be issued by corporations organized and operating within the United States. Securities eligible for investment must be rated "AA" ar better by Moady's or Standard & Poor's rating services. Investment Agreements*** 5% 397 days Investment agreements, guaranteed investment contracts, funding agreements, or any other form of corporate note which represents the unconditional obligation of one or more banks, insurance companies or other financial institutions, or are guaranteed by a frnancial institution, which has an unsecured rating or which agreement is itself rated, as of the date aj execution thereof, in one of the two highest rating categories by tx~o or more rating agencies; or, which are collateralized at least l00% with US. Government securities. Rev: 9/2008 P156 * Maximum term unless expressly authorized by Governing Body and within the prescribed time frame for said approval. **Limit set by L.A.I. F. Governing Board, not Government Code ***Percentage limits for Investment Agreements are not intended to apply to bond funds held by the City or by Fiscal Agents or Trustees, in which investment of such funds is under the City's control or direction. The term and percentage provisions set forth herein are effective January 1, 2007 and do not apply to investments of City funds made prior to that date. INVESTMENT POOLS The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California's local governments and special districts authorized by the California Government Code. LAIF is managed by the State Treasurer's Office with oversight by the Local Agency Investment Advisory Boazd. The City's participation in LAIF was approved by City Council with other authorized investments on July 1987. It is a permitted investment with the knowledge that the fund may invest in some vehicles allowed by statute but not otherwise authorized under the City's authorized investments. Al] securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480. All investments are purchased at market, and market valuation is conducted monthly. The City may also invest in shares of beneficial interest issued by a joint powers authority ("JPA") organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations specified in the code and which shall have retained an investment advisor that meets the following criteria: 1. Be registered or exempt from registration with the Securities and Exchange Commission. 2. Have not less than five (5) years of experience investing in the securities and obligations authorized herein, and 3. Have assets under management in excess of five hundred million dollars. SAFEKEEPING OF SECURITIES Securities purchased from broker/dealers shall be held by third party bank or other designated third party trust department acting as agent for the City under the terms of a custody agreement executed by the bank and City. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures. Certificate of Deposit securities aze held in the City's vault. No outside broker/dealer or advisor may have access to City funds, accounts or investments, and any transfer of funds to or through an outside broker/dealer must be approved by the City Treasurer/Deputy Treasurer. Rev: 9/2008 5 P157 The City strives to maintain the level of investment of all funds as neaz 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions aze the responsibility of the City Treasurer. DIVERSIFICATION The City will diversify its investments by security type, issuers, and maturities. The purpose of diversifying is to reduce overall portfolio risks while attaining an average market rate of return; therefore, it needs to be conceptualized in terms of maturity, instrument types and issuer. INDEPENDENT REVIEW Outside, independent auditors aze required to perform an annual review of the City's Investment Policy, process, and internal controls. The review process is performed as part of the City's annual external audit. REPORTING The Treasurer shall prepare monthly reports for the City Council and City Manager, which shall include all securities, excluding those held by and invested through trustees. The report shall include the following: • The type of investment, name of the issuer, date of maturity, par and dollar amount invested in all securities. • The weighted average maturity of the investments. • Any funds, investments, or programs including loans that aze under the management of contracted parties. • The current mazket value and source of the valuation. • A description of the compliance with the Statement of Investment Policy. • A statement of the City's ability to meet its pooled expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may not be available. Rev: 9/2008 6 P158 The City Treasurer shall be responsible for reviewing and modifying investment guidelines as conditions warrant and is required to submit same for re-approval to the City Council annually. However, the City Treasurer may, at any time, further restrict the items approved for purchase as deemed appropriate. The basic premise underlying the City's investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed. ~~ , amen rost City Treasurer City of Rancho Cucamonga /ye~' Date Rev: 9/2008 ~ City of Rancho Cucamonga Statement of Investment Policy GLOSSARY ACCRUED INTEREST: The accrued interest accumulated on a security since the issue date or the last coupon payment. The buyer of the security pays the market price plus accrued interest. AGENCIES: Federal agency securities. ASK/OFFER: The price at which an owner offers to sell. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as, the issuer. BASIS POINT: 1/100 of 1%. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid). See Offer. BEAR MARKET: A period of generally pessimistic attitudes and declining market prices. BOOK VALUE: The amount at which a security is carried on the books of the holder or issuer. BOND EQUIVALENT YIELD: The basis on which yields on notes and bonds are quoted. BROKER: A broker brings buyers and sellers together for a commission. BULL MARKET: A period of generally optimistic attitudes and increasing market prices. BUYER'S MARKET: A market where supply is greater than demand, giving buyers an advantage in purchase price and terms. CALLABLES-N/C: Securities that the issuer has the right to redeem prior to maturity. CASH SETTLEMENTS: Today. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large denomination CD's are typically negotiable. CMT: Constant Maturity Treasury. P159 COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. City of Rancho Cucamonga Statement of Investment Policy COMMERCIAL PAPER: Short-term, unsecured, negotiable promissory notes issued by businesses. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City. It includes five combined statements for each individual fund and account group prepared in conformity with Government Accounting Accepted Practices (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance related legal and contractual provisions, extensive introductory material, and a detai]ed Statistical Section. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. COVER: Spread between the winning bid (or offer) and the next highest bid (or offer). CREDIT RISK: Credit of the underlying security. CUSIP: Committee of Uniform Securities Identification Procedures. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account or inventory. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of signed receipt for the securities. DERIVATIVES: Financial products that are dependent for their value on (or "derived" from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. P160 DURATION: A measure of the timing of the cash flows to be received from a given fixed income security. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. City of Rancho Cucamonga Statement oflnvestment Policy EASE: To assist the economy in growing faster, Fed supplies more credit, lowering reserve requirements or discount rates. EXTENSION TRADES: Selling short term, buying further out in the yield curve. (Usually affected in a bull market). FACE VALUE: The principal amount owed on a debt instrument. ]t is [he amount on which interest is computed and represents the amount that the issuer promises to pay at maturity. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S & L's small business firms, students, farmers, farm cooperatives, and exports. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of [he FHLB is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. P161 FRN: Floating Rate Note. -_--.m.r City of Rancho Cucamonga Statement oflnvestment Policy FULL FAITH AND CREDIT: The unconditional guarantee of the United States Government backing a debt for repayment. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Maes. INTEREST RATE RISK: The risk that rising interest rates will cause bond prices to fall. INVESTMENT PORTFOLIO: A collection of securities held by a bank, individual, institution or government agency for investment purposes. INVESTOR: A person who purchases securities with the intention of holding them to make a profit. ISSUE: A group of identical securities or the marketing and selling of such securities. ISSUE PRICE: The price at which a new issue of securities is put on the market. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LOCAL: Refers to the ability to sell securities one owns. LIBID: London Interbank bid rate. LIBOR: London Interbank offered rate. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MARK TO MARKET: Current value of securities at today's market price. MARKET RISK: The risk that the security will be difficult to sell. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things; the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller- borrower. P162 4 City oJRancho Cucamonga Statement of Investment Policy MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET INSTRUMENTS: Private and government obligations of one year or less (flexible in some arenas; under five years would still be considered a money market). MTN: Medium Term Note. NEW ISSUE: The first offering of a security. NONCALLABLE: Security that does not contain a call provision. OFFER: The price asked by a seller of securities. (When you are buying securities you ask for an offer). See Asked and Bid. OPEN MARKET OPERATIONS: Federal Reserve activity, Fed entering the market place to initiate repos; reverses, bill or coupon pass. Under the Federal Reserve Act., Fed uses purchases and sales of Govt. & Fed Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability. OPTION: The right to trade a security during a certain period of time. ORIGINAL ISSUE DISCOUNT/OID: Security priced at a discount at time of issuance. OVERBOUGHT: Refers to the price level of a security or market, which has undergone a sharp rise due to vigorous buying. OVERSOLD: Refers to the price level of a security or market, which has undergone a sharp fall due to selling. These conditions indicate that buying selling may have left prices temporarily too high/low, given all other market conditions. PAPER GAIN OR LOSS: Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between market value and the purchase price. PAR VALUE: The stated or face value of a security expressed as a specific dollar amount marked on the face of the security; the amount of money due at maturity not to be confused with market value. PAYDOWN: A net reduction in debt that occurs when the amount of a new issue is less than the maturing issue. PREMIUM: The amount by which the price paid for a security exceeds the par value. Also, the amount that must be paid over the par value to call an issue before maturity. P163 PRICE RISK: Volatility City of Rancho Cucamonga Statement of Investment Policy PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. PRIMARY MARKET: The demand for first issues of securities. PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state--the so-called legal list. In other states the trustee may invest in a security if it is one, which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RALLY: A brisk rise or recovery in the price of a security or the market. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond; the cuttent income return. RATING: The designation used by investor's services to rate the quality of a security's creditworthiness. REGULAR: Next business dav. REPURCHASE AGREEMENT: Repo - a holder of securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms are structured to compensate him for this. When the FED does R.P., it is lending money, thus increasing bank reserves. RICH/EXPENSIVE TO THE YIELD CURVE: An expression applied to a security price when current market quotes appear to be in comparison with past price records of securities or current prices of comparable securities. ROLL OVER: Reinvesting funds received from a mature security in a new issue of the same or similar security. SAFEKEEPING: A service banks offer to customers for a fee, where securities are held in the bank's vaults for protection. P164 6 Ciry of Rancho Cucamonga Statement of Im~estment Policy SALLIE MAE: Trade name for the Student Loan Marketing Association. SECONDARY MARKET: 1) A market for the repurchase and resale of outstanding issues following the initial distribution. 2) The purchase or sale of securities in a special offering or through a means other than the regular channel of trading. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 153C-1: See Uniform Net Capita] Rule. SHORT/SELL SHORT: Sale of securities without ownership. SKIP DAY: Next business day after tomorrow. SPREAD: Difference between the bid and the ask, or offer. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations that have imbedded options (e.g., call features, derivative-based returns) into [heir debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. SUPPORT: A price level at which a security tends to stop falling because there is more demand than supply. TIGHTEN: If the economy is growing too fast, and inflation is increasing, FED withdraws money from the banking system, by raising reserves or the discount rate. Ultimately, putting the brakes on economic growth. TREASURY BILLS: Anon-interest bearing discount security issued by the U.S. Treasury to finance the national debt. MosC bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term coupon bearing U.S. Treasury securities issued as direct obligation of the U.S. Government having initial maturities of more than 10 years. TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to ] 0 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to l; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. VALUE OF 1/32 PER MILLION: $312.50 P165 7 City of Rancho Cucamonga Statement of Investment Policy WHEN ISSUED BASIS-WIB-WI: A term applied to securities that are traded before they are actually issued, with the stipulation that transactions are null and void if securities are not issued. YIELD: The annual rate of return on an investment expressed as a percentage of the investment. Income yield is obtained by dividing the current dollar income by the current market price for the security. YIELD CURVE: Yield calculations of various maturities at a given time to observe spread differences. YIELD TO MATURITY/NET YIELD: The current income yield minus any premium above par, or plus any discount from par in the purchase price with the adjustment spread over the period from date of purchase to maturity. 1:\ADMIN\SANDY\Treasury\Annual Investment Policies 08\ GLOSSARY 08 City.doc P166 8 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT P167 RANCHO Date: October 1, 2008 C,,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager - From: John R. Gillison, Deputy City Manager/Administrative Servic~~T By: Sandra G. Ramirez, Management Analyst III ~J Subject: APPROVAL OF A RESOLUTION TO SUPERSEDE RESOLUTION NO. 85-130A WHICH WILL AMEND THE LIST OF OFFICERS WHO ARE AUTHORIZED TO PARTICIPATE IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) FOR THE CITY OF RANCHO CUCAMONGA RECOMMENDATION: It is recommended that the City Council approve the attached resolution to supersede Resolution No. 85-130A which will amend the list of officers who are authorized to participate in the Local Agency Investment Fund (LAIF) for the City of Rancho Cucamonga. BACKGROUND: Since inception of the City, Council policy has been to invest funds in the State Local Agency Investment Fund (LAIF). The City's participation in the Local Agency Investment Fund was approved by the Mayor and Members of the City Council in May 1985 with a limited list of authorized officers. It is a permitted investment under the authority of Government Code and the City's Statement of Investment Policy. The attached City Council resolution is required to update the list of current City officers and staff who are authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund with updated position titles. This amendment is merely a housekeeping function and no future amendments will be required unless a position title changes. The updated resolutions are required for the Redevelopment Agency, the Fire District, and the City. Respectfully submitted, ~^~~ John R. Gillis Deputy Treasurer Deputy City Manager/Administrative Services Attachment: Resolution P168 RESOLUTION NO. 85-130B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE LIST OF OFFICERS WHO ARE AUTHORIZED TO ORDER THE DEPOSIT OR WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR THE CITY OF RANCHO CUCAMONGA WHEREAS, Pursuant to Chapter 730 of the Statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the City. NOW THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund for the City of Rancho Cucamonga. James C. Frost City Treasurer Jack Lam City Manager Sandra G. Ramirez Management Analyst III Tamara L. Layne Finance Director John R. Gillison Deputy City Treasurer PASSED APPROVED, AND ADOPTED, this 1s` day of October, 2008. AYES: NOES: ABSENT: ABSTAINED P169 MEMORANDUM CITY CLERKS OFFICE RANCHO Date: October 1, 2008 cUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kathryn L. Scott, CMC Acting-City Clerk/Records Manager Subject: APPROVAL TO PROCEED WITH AMENDMENTS TO THE CITY'S 2008 CONFLICT OF INTEREST CODE RECOMMENDATION: It is recommended that the City Council approve the 2008 Local Agency Biennial Notice and direct staff to proceed with the amendments to the Conflict of Interest Code. BACKGROUND/ANALYSIS: Pursuant to the Political Reform Act, all local governments must update their Conflict of Interest Code in 2008. At the June 4, 2008 City Council meeting, the Council directed staff to proceed with the biennial review of the Conflict of Interest Code. City staff was notified of the pending update and reviewed and recommended changes to designated positions, such as changes in title of duties or creation of elimination of positions. Pursuant to state law, if amendments to the City's code are necessary, the code must be forwarded to the City Council for approval within 90 days. Therefore, prior to December 30, 2008, the recommended amendments will be brought before the Council. Resp cttully submitted, ~~~~~-. Kat ryn~tt, CMC Acting City Clerk/Records Manager Attachment: 2008 Local Agency Biennial Notice P170 2008 Local Agency Biennial Notice Name of Agency: City o£ Rancho Cucamonga _ Mailing Address: P 0 Box 807 Rancho Cucamonga CA 91729 Contact Person: Kathryn L. Scott Office Phone No: 909 G77-270Q., Pxr 9nn9 E-mail: kscott(dcitvofrc us Fax No: 909 919-2905 This agency has reviewed its conflict-of-interest code and has determined that: ® An amendment is required. The following amendments are necessary: (Check a(( that apply.) O Include new positions (including consultants) that must be designated. O Delete positions that manage public investments from the list of designated positions. O Revise disclosure categories. • Revise the titles of existing positions. • Delete titles of positions that have been abolished. O Other (descri6eJ ^ Code is currently under review by the code-reviewing body. ^ No amendment is required. The aeency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding the desienated positions; and the code includes all other provisions required by Government Code Section 87302. Donald J. Kurth, M. D. Mayor Dme Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2008, to: CITY OF RANCHO CUCAMONGA PLEASE DO NOT RETURN THIS FORM TO THE FPPC. Fair Political Practices Commission 4281 Street, Suite 620, Sacramento, CA 95833 For Technical Assistance: (866)ASK-FPPC STAFF REPORT )/NGINEERING SERVICES DEPARTMENT Date: To: From: By: Subject: October 1, 2008 Mayor and Members of the City Council Jack Lam, AICP, City Manager RANCHO CUCAMONGA Mark A. Steuer, Director of Engineering Services/City Engineer Jerry A. Dyer, Senior Civil Engineer APPROVAL OF A RESOLUTION O THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2008/2010 MEASURE "I" TWO-YEAR CAPITAL IMPROVEMENT PROGRAM FOR MEASURE "I" FUNDS RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Local Measure "I" Two-Year Capital Improvement Program as requested by SANBAG to provide a public record of the intended use of Local Measure "I" Funds. BACKGROUND/ANALYSIS Measure "I", the county-wide transportation sales tax program, requires that each local jurisdiction receiving revenues annually adopt aFive-Year Capital Improvement Program and aTwenty-Year Transportation Plan which outlines the specific projects upon which those funds shall be expended. With the close out of the current Measure I less than two years away, each jurisdiction is required to submit a plan for the remaining years. Also, since SANBAG has the Twenty-Year Transportation Plan on file, the plan no longer needs to be submitted. Staff has prepared the attached Two-Year Capital Improvement Plan schedule to be adopted by City Council and kept on file with the San Bernardino Associated Governments for informational purposes. The Two-Year list has been over-programmed to allow for spillage and to insure that the adopted plan contains ample projects for Measure "I" expenditures. If changes are necessary (additions or deletions), the plan may be altered at each annual adoption or intermittently with City Council approval. Respectfully submitted, .~~~ Ma er Director of Engineering Services/City Engineer MAS:JAD:Is P171 Attachment P172 RESOLUTION NO. Q 4v- l9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 2008/2010 MEASURE "I" TWO-YEAR CAPITAL IMPROVEMENT PROGRAM BEGINNING IN FISCAL YEAR 2008/09 FOR THE 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 Imprpvement 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 two years away a plan for the remaining years (Two-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 Measure "I" Two-Year Capital Improvement Program, a copy of which is attached to this resolution. CITY OF RANCHO CUCAMONGA MEASURE I TWO YEAR PLAN 2008/10 MAP NO.~ YEAR STREET 8 LIMITS IMPROVEMENT COST ESTIMATE 08/09 ADA Corrective Measures -City Wide Intersection ramps and driveway modifications $ 200,000 1 Arrow Rte, W/O Etiwanda to ECL Pavement Rehabilitation (clean-up funds) $ 1,000 2 Banyan St, Beryl to Archibald Pavement Rehabilitation $ 320,000 3 Beryl St, N/O 210 [o N/O Banyan Pavement Rehabilitation (clean-up funds) $ 5,000 Contract Services -City Wide Concrete Maintenance $ 772,800 4 Haven Ave, 4th St to 7th St Pavement Rehabilitation (survey, design) $ 10,000 5 Hillside Rd, Beryl to Archibald Pavement Rehabilitation (survey, design) $ 10,000 6 Hillside Rd, Camelian to Beryl Pavement Rehabilitation $ 200,000 Local Streets -City Wide Pavement Rehabilitation $ 700,000 7 Milliken Ave, 7th to Arrow Pavement Rehabilitation $ 462,000 Pavement Management -City Wide Evaluate Pavement Condition $ 5,000 8 Terra Vista Prkwy, Spruce to Milliken Pavement Rehabilitation $ 300,000 9 Vineyard Ave, 8th to Foothill Pavement Rehabilitation $ 500,000 FY 08/09 Total $ 3,485,800 09/10 ADA Corrective Measures -City Wide Intersection ramps and driveway modifications $ 100,000 Contract Services -City Wide Concrete Maintenance $ 500,000 10 Haven Ave, 4th St to 7th St Pavement Rehabilitation $ 550,000 11 Haven Ave, Jersey Blvd to Foothill Blvd Pavement Rehabilitation $ 580,000 12 Hillside Rd, Beryl to Archibald Pavement Rehabilitation $ 350,000 13 Hillside Rd, Sapphire to Carnelian Pavement Rehabilitation (survey, design) $ 10,000 Local Streets -City Wide Pavement Rehabilitation $ 800,000 14 Milliken Ave, Foothill to Base Line Pavement Rehabilitation $ 750,000 Pavement Management -City Wide Evaluate Pavement Condition - $ 5,000 15 Ramona Ave, Base Line to SPRR Storm Drain, Widening and Pavement Rehabilitation $ 500,000 16 Wilson, Wardman Bullock to Cherry Pavement Rehabilitation $ 550,000 FY 09/10 Total $ 4,695,000 Two Year Total $ 8,180,800 Measure I Revenue Estimate (2 Yrs.) from SANBAG $ 4,303,800 Rancho Cucamonga Measure I Fund Balance $ 5,785,300 Less Administration $ (663,500) Total Measure I Revenue Estimate (2 Yrs.) $ 9,425,600 Contact: Je A. D er, Senior Civil En ineer 909 477-2740 Ext, 4037 V Page 1 of 1 9/16/2008 w ii; ~. ~iiii~~ ~N ~`• 1~~~I~~ll „:LUt I ~~^.~ • •. lull; I ~ ' m lll:lll .• ~ a 11 l l l l l l t --~~ ~ ~ lllllllll \` '1111111 \\ 'lull ~~ ^ ~ ~ ~ ~ ~ a 1 ~ , l ~ l II_. ~ 1.lI ~' Ill. ~ ii ti r'. '~Ir~ ~l~ : i.l l ,1.; ~ ;..~ Ci lii I I ~I~_ ^Ir-~ 11 y,. II II !. i 1-'~ III II I . II II II II III II ~M ~~ III II ~~~ ^ I . _. ,7l ~ ' • r 'j ~I L it ,fit _~ _~ ' 1 t ~~'~ II -~ ~.~ ~ ~ Y l l i l l l l l ~ lllll llll a np ._.._.. ~l~~l ., l . ~ 'r L ~ ~~~~ ,; ~ ~ u~ I I ~r a ~ __ ti 1 ~~ ~ ~ \~ ':1L ~ ~ co I~ ~.._~ ,...r .. - _ _- i' P174 Z as H ^ ao ° ~ O 0 c ~ ~ O V w J _ 1Stl3 __.. ~ ^ ~ r~r ^'~I ~- ~~ i~ 4 !; '/~, ~ H --- _ II -~~_ ~ r 'M'1[ ~~ 7[33!7 AtlQ p~ ~ VFq I~ )L~7 AVQ '~'~i~ I ~t I~ 3153170i! Id ~ ~ ~' ill ~J ti i ..-: :.~-- ^ ^ o~z z ~~~ U ~ U ~G~~~~ P175 STAFF REPORT hNGINEERING llEPARTMENT - _ ~~`-.'!,>•~ Date: October 1, 2008 ~R~A~Nj^-~~l-C'Hr~~-OJT To: Mayor and Members of the City Council cUCAMONGA Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Mark Brawthen, Contract Engineer Subject: APPROVAL OF A REIMBURSEMENT AGREEMENT (DRA-39) FOR THE CONSTRUCTION OF A STORM DRAIN DETENTION BASIN AND RELATED IMPROVEMENTS IN CONNECTION WITH THE DEVELOPMENT OF TRACT NO. 16776, SUBMITTED BY CUCAMONGA ESTATES 52, LLC RECOMMENDATION: It is recommended that the City Council adopt the attached resolution, approving the Reimbursement Agreement for construction of a storm drain detention basin and related improvements in connection with the development of Tract No. 16776 and authorizing the-Mayor and City Clerk to sign said agreement and to cause same to record. BACKGROUND/ANALYSIS: As a Condition of Approval of Tract Map No. 16776, Cucamonga Estates 52, LLC, the Developer, was required to construct the storm drain detention basin and related improvements on the north east corner of Base Line Road and Forester Place. The said required public improvements have been completed by the Developer and accepted by the City of Rancho Cucamonga. Whenever a developer is required, as a condition of approval, to construct a public facility that is determined by the City to have supplemental size or capacity over what is needed for the impacts of that development alone, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer shall be offered. The Developer has submitted an itemized accounting of the construction costs for the required detention basin and related improvements to construct the detention basin and related improvements. Upon review, the total cost of said improvements is $159,782.57 of which $88,768.09 is to be reimbursed from several adjacent property owners upon development of their respective properties. Copies of the agreement signed by the Developer are available in the City Clerk's office. espectfull ubmitted, ar . Steue~ Director of Engineering Services Attachments MAS:MNB/akt i VICINITY MAP NOT TO SCALE City of Rancho Cucamonga ENGINEERING Item: Tract No. 16776 (DrZI~"39) Title: VICINITY MAP . EXHIBIT: 1 DIVISION P176 P177 RESOLUTION NO. O S' ~ qq A RESOULUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEEMENT (DRA-39) FOR CONSTRUCTION OF STRORM DRAIN DETENTION BASIN AND RELATED IMPROVEMENTS. WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement (DRA-39) submitted by Cucamonga Estates 52, LLC as developer of Tract Map No. 16776 for construction of storm drain detention basin and related improvements on the north east corner of Baseline Road and Forester Place. WHEREAS, the Developer, at Developer's expense, has completed the required storm drain detention basin and related improvements; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Reimbursement Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest hereto and cause said agreement to record. MEMORANDUM NGINEERING ERVICES EPARTMENT Date: September 17, 2008 To: Mayor and members of the City Council Jack Lam, AICP, City Manager From: Mark Steuer, Director of Engineering Services/City Engineer By: Joe Stofa Jr., Associate Engineer Subject: APPROVAL OF A MASTER PLAN TRANSPORTATION P178 RANCHO CUCAMONGA FACT L REIMBURSEMENT AGREEMENT (SRA-054) FOR CONSTRUCTION OF TRAFFIC SIGNAL AT THE INTERSECTION OF HAVEN AVENUE A TRADEMARK WITH DEVELOPMENT OF PARCEL MAP 17303 SUBMITTED THE HILEMAN COMPANY, LLC TO BE FUNDED FROM ACCOUNT NUMB 11243035650/1026124-0. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the Transportation Facility Reimbursement Agreement (SRA-054) for construction of traffic signal at the intersection of Haven Avenue and Trademark and authorize the Mayor and the City Clerk to sign said agreement and to cause same to record. BACKGROUND/ANALYSIS As a Condition of Approval of Parcel Map 17303, The Hileman Company, LLC, as Developer, was required to construct a traffic signal at the intersection of Haven Avenue and Trademark. The above required signal improvements has been completed by the developer and accepted by the City of Rancho Cucamonga. The developer has submitted an itemized statement to the City for reimbursement. The total cost of the signal was $340,284.00 with no Transportation Fee Credit against their building permits. The amount of $340,284.00 has been budgeted in the 2008-09 Transportation Reimbursement Account for said signal improvements. Staff has reviewed the statement for construction costs submitted and have confirmed the amount of $340,284.00 reimbursement to the developer far the installation of a traffic signal at the intersection of Haven Avenue and Trademark. Copies of the agreement signed by the Developer are available in the City Clerk's office. Respectfully submitted, Mar teuer Director of Engineering Services/City Engineer MAS:J ES/akt rage 1 oI 1 P179 Get Google Maps on your phone Teztthe wad "GMAPS"to466453 r Wh Si 61h of _... ___ SIh u3 1 I ' ~I m Ii J ~'ry'~trtk c. 7iadhmJfK SI _ i I a. m U ~z ~ me. F cl i~, t ml } i_ J~ ~3 ' / ~.N,, o : ~ p~R~A :P ~ .c,~ ,~, t 41h S1 4 . St - ._.. _. ...E 41h $+-.. _. ..______ __-- . .___... __._ _._._ ......_ __E4ih St IG > ~i , a Z: I ' ~ c i do ~ - 4: - ~ 1 nlan! s1601cf ~ - :J' i , _5 t-dvs ~a.'` P Y _. a ~„ ,~ Concouis - r ai mss I , ¢ ~ ~ µ I M1° -_ ___.. _. _ __ _ __.. .___ -_ j'w..~ __..__._.. _ Nif}f hrip://maps.QOOgle.com/maps?h1=en&ie=UTF8&11=34.080193,-117.575662&spn=0.00865... 9/22/2008 P180 RESOLUTION NO. O D' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF HAVEN AVENUE AND TRADEMARK (SRA-54) WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Master Plan Transportation Facility Reimbursement Agreement (SRA-54) submitted by The Hileman Company, LLC, the developer of Parcel Map 17303, for the installation of a traffic signal at the intersection of Haven Avenue and Trademark; and W HEREAS, the developer, at the developer's expense, has completed said traffic signal improvements; and WHEREAS, the developer request reimbursement for the portion of the traffic signal improvements as entitled to per the conditions of his development by means of said Reimbursement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE that said reimbursement agreement be and same is hereby approved, and the Mayor is hereby authorized to sign said reimbursement agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said agreement to record. P181 STAFF REPORT ENCiINI'.F.I2ING DC?P~V2"I'RII?N''1' Date: October 1, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager RANCHO C,'UCAMONGA From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo David, Associate Engineer', Shelley Hayes, Assistant Engineer : ~~ Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $446,520.25 TO THE APPARENT LOW BIDDER, THE R.J. NOBLE COMPANY, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $44,652.03, FOR THE THE MILLIKEN AVENUE PAVEMENT REHABILITATION FROM 7TH STREET TO ARROW ROUTE IMPROVEMENTS, TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NO. 1176303-5650/1630176-0 AND APPROPRIATE AN ADDITIONAL AMOUNT OF $47,000.00 TO ACCOUNT NO. 1176303-5650/1630176-0 FROM MEASURE I 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 $446,520.25 to the apparent low bidder, The R.J. Noble Company and authorize the expenditure of a 10% contingency in the amount of $44,652.03, for the Milliken Avenue Pavement Rehabilitation from 7`h Street to Arrow Route improvements, to be funded from Measure I Funds, Account No. 1176303-5650/1630176-0 and appropriate an additional amount of $47,000.00 to Account No. 1176303-5650/1630176-0 from Measure I Fund balance. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on September 9, 2008, for the subject project. The Engineer's estimate was $435,152.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all bidders meet the requirements of the bid documents. The Milliken Avenue Pavement Rehabilitation from 7th Street to Arrow Route improvements scope of work consists of cold planing, removal and replacement of existing pavement, re-striping and pavement markings, re-installation of inductive loops, asphalt rubber overlay, routing and crack seal. The contract documents call for thirty (30) working days to complete this construction. Res{~eet#ul ubmitted, i t ~ ~/G~ [.~`. "'~ ~-A-Sfeuer Director of Engineering Services/City Engineer MA:RD/rlc Attachment ` ~ ~ N •• Ytlo IIII 0111111 11111111111111111111 11 111111 li 11111111111111111111111 11111 1/11111/ Illlllllllllll 11\11111 111 11111 11 111111 O ~ t 111/1111 11/1 11 g 11 111111 ~ < ~ a ~~~ ` 1 1111 j y I 1 n •\ 1 J ~ I 1 ~ ';~V 15 V3 %II A m v ournLL ~ e -~ a ~ ~ . a ~ ~ h ~ ~ ~ s C ` a ' D AVO 3 ~ Y p\ M3 } _ O ' It tm mlu fA Ar f3 1 1 H w ' y.Y Y3L53H30tl ~ ~ IW113 53'Pfr10 ~mw >mlo AVC ~ ~ ~ ~ _ t ~"'~ ~ ~ ~ ~ FI"'1 p tT ~ ~l° °~ ~ " ~ 5 N F H a~ ~ $ " ' m o ~~ ~' V N31YH Y Hy1vH U A 8111 ~ Y3lHL ZF a ' W y~v VSOYIY 3H ~ 'L,r rHOmtl O i ~ ~31V Q1V8~ tlY K r QIVB~IGM' ~ ^ i 3+v St W3 3tV mm3 5 v mlrt'w o ~ar utl3a ~ '~ ~ ~ ~ c m 1 : ;1 on v OtlrA NN ~V '~ s o • NYfI] tl'/J 3AY f13N i x3~rr ~ ~ '3+r tl3MVe ~ ~ ~ y ems' Q 21 m 3awaars ~ r l~ R4 gg ~ VV 82 ~; zF z z TUl v U ~, W [\Tyo H U z 0 E W E W1~ 1G a x H W z 0 0 O E-1 H w a 1~ 1vrF~ W BIU SUMMARY FOR BID OPENING SEPTEMBER 9, 2008 APPARENT LOW BIDDER x 3 GENTRY BROTHERS, HARDY 8s HARPER, MILLIKEN AVE PAVEMENT REIIABILITATION ENGINEER'S ESTIMATE R.J. NOBLE INC. INC. FROM 7th STREET 7'O ARROW ROUTE UNIT BiD UNIT UNIT UNIT NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT C08T AMOUNT C08T AMOUNT CLEARING AND GRUBBING INCLUDES ALL MISC. REMOVALS, $s,ooo.oo $9soo.oo $9soo.oo $1s,ooo.oo $1s,ooo.oo $losoo.oo $losoo.oo EXCAVATION, GRADING AND 1. 1 LS DISPOSAL) 8,000.00 ASPHALT RUBBER HOT MIX, INCLUDING PAVEMENT, $3zo,soo.oo $1oa.oo $333,320.00 $1os.oo $336,52s.00 $102.00 $326,910.00 PREPARATION, ROUTING AND DUST 2. 3,205 TONS BLOTTER 100.00 ASPHALT CONCRETE PAVEMENT (R ' $39,870.00 $112.00 $49,616.00 $100.00 . $44,300.00 $1zs.oo $ss,3~s.oo 3. 443 TONS 8 R) 90.00 $1z,s3z.oo $1.~s $11,oo9.zs $1.~0 $10,694.70 $1.60 $10,06s.60 4. 6,291 SY COLD PLANE PER PLAN. 2.00 ADJUST MANHOLE FRAME AND $~,ooo.ao $39s.oo $s,s3o.oo $zoa.oo $z,eoo.oo $400.00 $s,6oo.00 5. 14 EA COVER TO FINISH GRADE 500.00 ADJUST WATER VALVE BOX, GAS VALVE AND COVER TO FINISH $ssoo.oo $60.00 $1.3zo.oo $so.oo $1,100.00 $zs.oo $sso.oo 6. 22 EA GRADE 250.00 $z,ooo.oo $szs.oo $1,oso.oo $300.00 $600.00 $1.000.00 $z,ooo.oo 7 2 EA INSTALL CONSTRUCTION SIGNS 1,000.00 PAVEMENT MARKINGS PER PLAN, $12,000.00 $1s,aoo.oo $1s,ooo.oo $1s,ooo.oo $ls,ooo.oo $1 s,994.40 $15,994.40 8 1 LS COMPLETE IN PLACE 12,000.00 $l~,~oo.oo $zoo.oo $usoo.oo $no.oo $12,390.00 $195.00 $I 1,505.00 9 59 EA ' INSTALL INDUCTIVE LOOPS 300.00 $10,000.00 $e,37s.oo $3,37s.oo $lo,ooo.oo $10,000.00 $losoo.oo $losoo.oo 10 1 LS TRAFFIC CONTROL 10,000.00 TOTAL $435,152.00 $446,520.25 $448,409.70 $449,000.00 W W BID SUM MA RI' FOR BID OPENING SEPTEMBER 9, 2008 4 5 6 7 SH.VIA CONSTRUCTION, LAIRD CONSTRUCTION [MPERIAI. PAVING CO., MILLIKEN AVE PAVEMENT REIIABLLITATION ALL AMERICAN ASPHALT INC. CO., INC. INC. FROM 7th S'PREET TO ARROW ROUTE UNIT BID UAIT UNIT UNIT NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT C08T AMOUNT COST AMOUNT CLEARING AND GRUBBING INCLUDES ALL MISC. REMOVALS, $zs.o67s6 $13,700.00 $13aoo.ao $aoss6.ao $aoss6.ao $s.zoa.oo $a,zoo.oo EXCAVATION, GRADING AND 1. 1 LS DISPOSAL) 28,067.56 ASPHALT RUBBER HOT MIX, INCLUDING PAVEMENT, $320,s00.00 $105.10 $336,845.50 $105.00 $336,525.00 $113.00 $362,165.00 PREPARATION, ROUTING AND DUST 2. 3,205 TONS BLOTTER 100.00 ASPHALT CONCRETE PAVEMENT (R $54,932.00 $120.40 $53,337.20 $100.00 $44,300.00 $116.00 $5(,388.00 3. 443 TONS & R) 124.00 $us7s.aa $1.60 $10,065.60 $1.60 $10,065.60 $2.00 $lzssz.oo 4. 6,291 SY COLD PLANE PER PLAN. 1 84 ADJUST MANHOLE FRAME AND $a,alo.oo $393.00 $ssoz.oo $aoo.oo $s,6ao.oo $37s.oo $s,zso.oo 5. 14 EA COVER TO FINISH GRADE 315.00 ADJUST WATER VALVE BOX, GAS VALVE AND COVER TO FINISH $aso.oo $ss.oo $l,zlo.oo $so.oo $1, 100.00 $as.oo $990.00 6. 22 EA GRADE 40.00 $1,630.00 $91s.oo $1,a3o.oo $aso.oo $1,700.00 $aao.oo $sao.oo 7 2 EA INSTALL CONSTRUCTION SIGNS 815.00 PAVEMENT MARKINGS PER PLAN, $1a,zoo.oo $lasoo.oo $lasoo.oo $lasoo.oo $lasoa.oo $19;000.00 $19.000.00 8 1 LS COMPLETE IN PLACE 14,200.00 $usos.oo $zlo.oo $12,390.00 $zoo.oo $llsoo.oo $zoo.oo $usoo.oo 9 59 EA INSTALL INDUCTIVE LOOPS 195.00 000.00 $7 $s,zoo.oo $s,zoo.oo $s,ooo.oo $s,ooo.oo $ajsao.ao $a,soo.oo l0 1 LS TRAFFIC CONTROL 7,000.00 , TOTAL $454,700.00 $454,880.30 $471,147.00 ~ $476,675.00 00 A 13111 SU~i M1IARI' FOR BID OPENING SEP'iEDIBER 9, 2008 e a to tf MILLIKEN AVE PAVEMENT REHABILITATION ORTIZ ASPHALT PAVING, MOBASSALY INTERNATIOAAL PAVEMENT SOLUTIONS, VANCE CORP012ATION INC. ENGINEERIflG, INC. INC. FROM 7th STREE'P TO ARROW ROUTE UNIT BID CORRBCTBD UNIT UNIT CORRECTBD UNIT NO QTY VNIT DESCRIPTION COST AMOVNT AMOUNT COST AMOUNT COST AMOUNT AMOUNT COST AMOUNT CLEARING AND GRUBBING INCLUDES ALL MISC. REMOVALS, $6sla7x $6,a19.7x $ssoo.oo $ssoo.oo $IS,ooo.oo $1s,ooo.oo $IS,ooo.oo $36,000.00 $36,000.00 EXCAVATION, GRADING AND 1. 1 LS DISPOSAL) 6,819.72 ASPHALT RUBBER HOT MIX, INCLUDING PAVEMENT, $361,876.93 $361,876.55 $113.50 $363,767.50 $118.00 $378,190.00 $378,190.00 $120.00 $384,600.00 PREPARATION, ROUTING AND DUST 2. 3,205 TONS BLOTTER 112.91 ASPHALT CONCRETE PAVEMENT (R $52,30s.01 $s2,306.01 $120.00 $53,160.00 $129.00 $59,932.00 $54,932.00 $107.00 $47,401.00 3. 443 TONS ~ R) 118.07 $10,631.79 $10,631.79 $1.40 $8,807.90 $1.50 $9,436.50 $9,436.50 $2.00 $12,s62.00 4. 6,291 SY COLD PLANE PER PLAN. 169 ADJUST MANHOLE FRAME AND $6,698.66 $3,626.42 $32s.oo $asso.oo $6xx.ao $aaoB.oo $a,7o3.00 $41s.oo $sslo.oo 5. 14 EA COVER TO FINISH GRADE 259.03 ADJUST WATER VALVE BOX, GAS VALVE AND COVER TO FINISH $1,636.14 $1,636.14 $40.00 $aso.ou $zso.oo $s,soo.oo $s,soo.oo $x7s.oo $6,oso.oo 6. 22 EA GRADE 74.37 $1,700.16 $1,700.16 $aoo.oo $1,600.00 $400.00 $soo.oo $sou.oo $9oa.oo $I,3oo.00 7 2 EA INSTALL CONSTRUCTION SIGNS 850.08 PAVEMENT MARKINGS PER PLAN, $19,63a.77 $19,634.77 $14,800.00 $14,800.00 $19,756.00 $19,766.00 $19,786.00 $18,600.00 $16,600.00 8 1 LS COMPLETE IN PLACE 19,634.77 $12,099.72 $12,099.72 $200.00 $11,600.00 $228.00 $13,278.00 $13,278.00 $260.00 $14,760.00 9 59 EA INSTALL INDUCTIVE LOOPS 205.08 IO 1 LS TRAFFIC CONTROL 9 204 71 $9,zoa.71 $9,xo4.71 $Ia,ooo.oo $ls,ooo.ou $a,oo0.00 $4,oou.oo $a,ooo.oo $m,3oo.ao $10,300.00 TOTAL $481,607.61 $479,634.99 1{483,864.90 X610,317.60 1{609,697.50 X634,893.00 CP BID SUMMARY FOR BID OPENING SEPTEMBER 9, 2008 12 MILLIKEN AVE PAVEMENT REHAI3ILITATION COOLEY CONSTRUCTION, INC. FROM 7th STKEET TO ARROW ROUTE UNIT BID UNIT UNIT UN[T NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COBT AMOUNT CLEARING AND GRUBBING INCLUDES ALL MISC. REMOVALS, $9sao.oo EXCAVATION, GRADING AND 1. 1 LS DISPOSAL) 9,500.00 ASPHALT RUBBER HOT MIX, INCLUDING PAVEMENT, $397,420.00 PREPARATION, ROUTING AND DUST 2. 3,205 TONS BLOTTER 124.00 ASPHALT CONCRETE PAVEMENT (R 3. 443 TONS & R) 140.00 $6z.ozo.oo 4. 6,291 SY COLD PLANE PER PLAN. 1.63 $10,254.33 ADJUST MANHOLE FRAME AND $IZ,eoo.oo 5. 14 EA COVER TO FINISH GRADE 900.00 ADJUST WATER VALVE BOX, GAS VALVE AND COVER TO FINISH $I,az6.oo 6. 22 EA GRADE 83.00 7 2 EA INSTALL CONSTRUCTION SIGNS 850.00 $1.00.00 PAVEMENT MARKINGS PER PLAN, $1s,ooo.oo 8 1 LS COMPLETE IN PLACE 15,000.00 9 59 EA INSTALL INDUCTIVE LOOPS 225.00 $13,2~s.oo 10 1 LS TRAFFIC CONTROL 12,800.00 $1z,aoo.oo TOTAL $536,395.33 r W P187 STAFF REPORT AUUINISTR.'\TIVE SERVICES DEP.\RTTfENT Date: October 1, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John Gillison, Deputy City Manager/Administrative Services BY~ Manuel Pilonieta, Information Services Manager Dawn Haddon, C.P.M., CPPO, Purchasing Manager RANCHO cUCAMONGA Subject: APPROVAL OF A YEARLY PROFESSIONAL SERVICES AGREEMENT WITH 1001401-5300. $5.700 FROM 1016301-5300. AND $2.400 FROM 1001104- RECOMMENDATION It is recommended that the City Council award a yearly professional services agreement to Sigmanet (dba Agiline) upon mutual consent with the City and vendor and the yearly approved funding from various departmental consulting accounts to provide specifically website, kiosk, and graphics design and management services in the amount of $92,940 to be funded as follows: $73,840 from 1001209-5300, $11,000 from 1001401-5300, $5,700 from 1016301-5300, and $2,400 from 1001104-5362. BACKGROUND The Information Services Division oversees website, kiosk and graphics design and management for the City. In support of these functions, professional consulting services are required in order to supplement technical and staffing resources. The current consultant has provided support for the City's website, kiosk and various special IS projects and has extensive familiarity and a historical knowledge base for the needed continuation of future support. They will also provide additional support for the transition to the upcoming website redesign. The consultants fees are competitively price reasonable compared to market analysis. Respectfully submitted, Joh .Gillison (~~ Deputy City Manager/Administrative Services STAFF REPORT COMMUNITY SERVICES DEPAR'T'MENT Date: October 1, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Department By: Paula Pachon, Management Analyst III RANCHO C,UCAMONGA Subject: Consideration to Waive Various Fees and Charges for the Rancho Cucamonga Chamber of Commerce's Grape Harvest Festival and Carnival to be Held in Conjunction with the City's Founders Festival that is Scheduled for October 31- November 2, 2008, at the Rancho Cucamonga Epicenter RECOMMENDATION: It is recommended that the City Council waive various fees and charges for the Rancho Cucamonga Chamber of Commerce's Grape Harvest Festival and Carnival, for one year, to be held in conjunction with the City's Founders Festival that is scheduled for October 31 through November 2, 2008, at the Rancho Cucamonga Epicenter and Adult Sports Complex. Fees recommended to be waived include: base rent, the move-in/move-out rental fee, the Admission Tax from the gross sale of wrist bands for the Carnival, the percentage payment on gross sales of food and beverage, as well as any City related permits required for the event. In addition it is recommended that the City Council approve the Chamber's request for the sale and consumption of alcohol (beer and/or wine) at two separate restricted locations on the site for the Grape Harvest Festival. BACKGROUND/ANALYSIS: The Rancho Cucamonga Chamber of Commerce has hosted a wine and grape festival for the community for a number of years. The location of this very popular event has changed over time from Guasti Park in Ontario, to the Special Event Area at the Epicenter, and mostly recently to Victoria Gardens. This year's Grape Harvest Festival is scheduled to take place in conjunction with the first week of the City's Founders Festival at the Rancho Cucamonga Epicenter and Adult Sports Complex. The Chamber's 2008 event will take place starting on Friday, October 31~` and will continue throughout the weekend, ending early Sunday evening, on November 2nd. During this same timeframe the City will be hosting its first weekend of Founders Festival activities for the community. Activities planned specifically by the Chamber of Commerce for the Grape Harvest Festival include: a full scale carnival, Business Expo, arts and crafts booths, a community stage featuring local entertainment, traditional grape stomps, food and beverage vendors and lwo wine and/or beer areas. The Chamber will be using the following locations at the Epicenter for their event: Parking Lot G (public parking, staff parking and week-long carnival trailer parking), Parking Lot A (carnival rides/activities for teens and adults), Parking Lot B (carnival rides/activities for youth), softball field number 4 (community stage, business expo and arts and crafts booths) and Parking Lot C (preferred parking as well as parking for the disabled). Incompliance with the City's Alcohol P188 P189 CONSIDERATION TO WAIVE VARIOUS FEES AND C1-TARGES FOR THE RANQ-IO CUCAMONGA PAGE 2 CHAMBER OF GJMMERCE'S GRAPE HARVEST FESTIVAL AND CARNIVAL TO BE HELD IN CONJiJNCTION WITH THE CITY'S FOUNDERS FESTIVAL THAT IS SQ3EDULED FOR OCTOBER 31- NOVEMBER 2, 2008, AT THE RANQ-IO CUCAMONGA EPICENTER AND ADULT SPORT COMPLEX OCTOBER 1, 2008 Ordinance, Number 634, which allows selected events at the Epicenter to sell or consume alcoholic beverages within restricted areas, the Chamber's beer/wine pavilion will be located at the Epicenter's first base, outdoor plaza which provides fixed fencing for this adult-only activity. An additional beer only location is proposed by the Chamber for inside the fenced softball field closest to the first base pavilion where the Business Expo will be located. This Expo area would not be limited to adults only. Attendance at the Chamber's weekend event has been estimated by the Chamber at 12,000 to 15,000 individuals. All adult softball, soccer and Little League activities for the weekend have been cancelled to insure adequate parking for both the Chamber's Grape Harvest Festival and the City's planned Founders events for the weekend. The City's Founders Festival activities on the same weekend will include: A Phat Cat Swinger concert on Friday, October 315` starting at 7:00 p.m. on softball field number 3 followed by a fireworks show starting at 9:00 p.m.; The Grape Pumpkin Race on Saturday, November 151 starting at 10:00 a.m. on the exterior concourse at the Epicenter; and a Pancake Breakfast on Sunday, November 2nd in the third base pavilion at the Epicenter starting at 9:00 a.m. followed by Bingo from 1:00 until 4:00 p.m. There will also be a City Services Fair on the exterior concourse area at the Epicenter from 10:00 am until 7:00 p.m. on Sunday. Move-in and set up for the Grape Harvest Festival will start on Monday, October 27`h and will continue through Friday early evening on October 31, 2008. A business mixer will take place on Friday between 5:30 p.m. and 7:30 p.m. with public hours for the Chamber's Grape Harvest Festival as follows: • Friday, October 3151: 7:30 p.m. until Midnight • Saturday, November 15`: 10:00 a.m. until Midnight • Sunday, November 2"d: 10:00 a.m. until 7:00 p.m. Tear-down and clean-up for the Chamber's Grape Harvest Festival will start at the conclusion of the event on Sunday evening and will continue on Monday, November 3`d between the hours of 7:00 a.m. and 10:00 p.m. The only admission fee that the Chamber is charging for is the full scale carnival which includes rides/activities for youth, teens and adults. The cost of admission to the carnival is $20.00/person for a wristband that allows unlimited daily use. Food and beverage will be available at the Chamber's event for a fee that is paid directly to their food/beverage vendors. City staff recommends that City Council consider waiving the Municipal Code required 10% Admission Tax from the gross sale of wristbands for the carnival due to the Chamber's joint partnering with the City's Founders Festival. Section 3.36.140 of the City's Municipal Code provides for an exemption to the City's collection of its Admission Tax for an event that is a part of a City function/activity. In addition, staff would recommend that the percentage payment of 20% from the gross sales of food and beverage from the event also be waived due to the unique partnering relationship between the Chamber's Grape Harvest Festival and the City's Founders Festival for 2008. Staff does recommend that the Chamber be responsible for all direct costs that are exclusively related to their planned activities. This would mean that the Chamber would be responsible to pay for Grape Harvest related public works maintenance fees and police security charges, as well as providing a refundable damage security deposit for their event. Such charges are consistent with P190 CONSIDERATION TO WAIVE VARIOUS FEES AND Q-IARGES FOR THE RANCHO QJCAMONGA PAGE 3 Q-IAMBER OF COMMERCE'S GRAPE HARVEST FESTIVAL AND CARNIVAL TO BE HELD IN CONJUNCTION WITH THE QTY'S FOUNDERS FESTIVAL THAT IS SC[-IEDULED FOR CICTOBER 31- NOVEMBER 2, 2008, AT THE RANCHO CUCAMONGA EPICENTER AND ADULT SPORT COMPLEX OCTOBER 1, 2008 other events at the Epicenter where direct services are provided by City/Police staff to support the elements of their activity. City staff will work closely with the Chamber representatives to insure a cost effective program and to minimize the reimbursement costs to be paid by the Chamber. With regards to maintenance reimbursement costs for example, the Chamber will be able to save considerable costs by assuming their own responsibility for trash pick- up/disposal during and following the event, managing their own electrical distribution and connection, insuring that good care is taken of the facilities during their load-in/load-out to avoid post-event repairs, etc. Staff will work with the Chamber to equitably distribute the responsibility for event related Police costs between the City and Grape Harvest activities. The Chamber would also be required to provide the standard refundable damage/security/performance deposit for their event. This fee would be fully refundable to the Chamber as long as there was no damage to the facility, no overage of time and on the condition that the Chamber complied with all conditions of use set forth by the City at its City Event Team meetings for the Grape Harvest Festival. Lastly, staff would recommend that the Rancho Cucamonga Chamber of Commerce and their Carnival vendor be required to provide the following evidence of insurance coverage for the Grape Harvest Festival: $2 million public liability insurance with a separate Additional Endorsement naming the City of Rancho Cucamonga as additionally insured for the full timeframe of the event, including move-in and move-out dates. $1 million automobile insurance. $1 million workers compensation insurance. FISCAL IMPACT: Due to the unique nature of the Chamber's Grape Harvest Festival in 2008 resulting in joint City/Chamber Festival programming for the community, it is recommended that the City Council approve a one year fee waiver for the Chamber for the rental fees of the Epicenter ($16,627.50), the Admission Tax from the sale of wrist bands to their carnival (estimated at $10,000.00) and the percentage payment from their food/beverage sales (estimated at $5,000). As planning for the Grape Harvest Festival is still underway, it is also proposed that the City Council approve staff's recommended policy guidelines for the reimbursement of direct costs from the Chamber for Public Works maintenance charges and Police security fees that are directly attributed to their Grape Harvest Festival. These specific charges are not known as of this time. At the conclusion of the event, City and Chamber staff will evaluate the program and develop budget strategies for future years. Resp@cffullyr sut)r~itted, /! ~ i//`` Kevin McArdle Community Services Director I:ICOMMSERVICouncilBBoardslCityCouncill StaHReports120081 GrapeHarvestFestival. f 0.1.08.doc STAFF REPORT CITY OF RANCHO CUCAMONGA P191 RANCHO C,,UCAMONGA Date: October 1, 2008 To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager From: Linda D. Daniels, Redevelopment Director Subject: APPROVAL OF AMENDMENT NO. 3 TO THE PASS THRU AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND THE COUNTY OF SAN BERNARDINO TO RECOGNIZE THE TRANSPORTATION, FILL, COMPACTION AND GRADING USING STOCKPILED DIRT OWNED BY THE COUNTY TO A PORTION OF THE DEMENS BASIN NO. 2, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, SOUTH OF HILLSIDE ROAD, AS A QUALIFED PROJECT UNDER THE TERMS OF THE AGREEMENT RECOMMENDATION: Approve Amendment No. 3 to the Pass Thru Agreement between the City, Agency and County to recognize the transportation, fill, compaction and grading of dirt, as proposed under the Backfll Agreement, is a qualified project under the terms of the Agreement. BACKGROUND: The Redevelopment Agency, County of San Bernardino and the County's Flood Control District have identified the ability to surplus a portion of Demens Basin No. 2, which is generally located south of Hillside Road, on the west side of Hellman Avenue (see attachment A). The basin was originally constructed to retain water during storms. Through the development of additional flood control improvements, and expansion of Demens Basin No. 1 to the north, the basin is no longer required for storm water retention. The County Flood Control District currently owns two large stockpiled dirt areas, totaling approximately 116,000 cubic yards of dirt and fill material, near Demens Basin No. 1 and the Hillside Basin (see Attachment B). The County and Flood Control District want to use this stockpiled material to fill Demens Basin No. 2 so that the basin can be reclaimed and used for development purposes. The County, Flood Control District, City and Agency staffs have discussed the relocation of the stockpiled dirt to Demens Basin No. 2 and the benefit to the community that will result from filling the basin. ANALYSIS: The purpose of this Amendment is to recognize the transportation, fill, compaction and grading of the stockpiled dirt to Demens Basin No. 2 as a qualified project under the terms of the Pass Thru Agreement in order to fund the project. P192 APPROVAL OF AMENDMEN"f N0.3 TO THE PASS THRU AGREEb4ENT~VITH THE PAGE 2 COUNTY OF SAN BERNARDINO, CITY OF RANCHO CUCAMONGA, AND THE RANCHO CUCAMONGA REDEVELOMENTAGENCY OCTOBER I, 2008 This agenda item also appears on the City Council agenda, consent calendar. This item is also related to the approval of the Backfill Agreement between the Agency and the County Flood Control District; the Purchase and Sale Agreement between the Fire District, Flood Control District and the Agency; the approval of a consulting contract with Dan Guerra & Associates, as well as the environmental determination related to the backfill work. Respectfully Submitted, Linda D. Daniels Redevelopment Director Attachment: A -location of Demens No. 2 Basin B -location of stockpiled dirt EXHIBIT "A" LEGEND • Demens Basin No 2 Compaction Site N W E S P193 94 0 d m r ~_ s X W .~-t+achm~f ~ p~e 2°f2 ~~ ~, ~~ F.•e -. ~ Sm[x NYVn CnP.t IO~]0% -~oi•WrriEEe titiabxN ~Y. ,,..,,~~, STAFF REPORT P196 PLANNING DEPARTMENT ~ r~ RANCHO Date: October 1, 2008 C,'UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Waen Messner, Associate Planner Subject: APPROVAL OF A DETERMINATION OF ADEQUACY OF A MITIGATED NEGATIVE DECLARATION, SUBJECT TO AND CONTINGENT UPON THE APPROVAL OF THE COUNTY OF SAN BERNARDINO BOARD OF SUPERVISORS, AND AS PREVIOUSLY PREPARED BY THE COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT, FOR THE RELOCATION OF APPROXIMATELY 116,000 CUBIC YARDS OF STOCKPILED MATERIALS TO FILL, COMPACT AND GRADE A PORTION OF DEMENS BASIN II, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, SOUTH OF HILLSIDE ROAD. RECOMMENDATION: Staff recommends that the City Council make a determination that the County of San Bernardino Mitigated Negative Declaration (MND) is adequate and will be used by the City of Rancho Cucamonga, subject to and contingent upon the County of San Bernardino Board of Supervisors' approval and adoption of the MND. After the completion of the MND, the City will serve as the responsible agency for the project, pursuant to California Environmental Quality Act (CEQA) under Section 15096. BACKGROUND/ANALYSIS: In the early 1980's, Demens Basins 1 and 2 were constructed as part of the United States Army Corps of Engineers' flood relief project for the northwestern area of Rancho Cucamonga. Demens Basin 1 (Basin 1) covers approximately 53.13 acres of land, located north of Hillside Road and west of Amethyst. Basin 1 was designed to collect sediment and debris in an event of a flood. The collected sediment and debris, resulting from different storm events, are stockpiled adjacent to and outside of Demens Basin 1. Demens Basin 2 (Basin 2), an approximately 7-acre basin, is located south of Hillside Road and west of Hellman Avenue. Basin 2 was designed to conserve water of localized flows and any possible overflow from Basin 1. The San Bernardino County Flood Control District (FCD) proposes to reclaim the stockpiled area by removing excess stockpiled debris and exporting the reclaimed materials to Basin 2. Approximately 116,000 cubic yards of stockpiled sediment and debris would be exported to fill Basin 2; about 96,000 cubic yards would come from Basin 1 and approximately 20,000 cubic yards from the FCD's Hillside Basin (located east of Basin 2). The locations of the stockpiled materials, as well as the locations of Basin 1 and 2 are shown on the attached Exhibit. The FCD has conducted an environmental assessment and prepared CEQA documents which include an initial study and a Mitigated Negative Declaration. The CEQA documents address potential environmental impacts, resulting from the FCD project proposal. The County of San Bernardino Board of Supervisors is expected to take action to approve and adopt the MND on October 21, 2008. At this time, the FCD is transferring the responsibility to carry out the proposed P197 CITY COUNCIL STAFF REPORT APPROVAL OF A DETERMINATION OF ADEQUACY October 1, 2008 Page 2 project to the City of Rancho Cucamonga. Thus, the City will become the responsible agency for the project. Pursuant to CEQA under Section 15096, the City must deem the FCD's CEQA documents as adequate and will subsequently accept the Board of Supervisors' action. A related action to this matter appears on the Redevelopment Agency's agenda dealing with the approval of a Backfill Agreement with the Flood Control District. The Agreement will enable the Agency to implement the removal of the stockpiled dirt, in order to fill and compact a portion of Demens Basin 2. Respectfully submitted, ~ ~~ J es R. Troyer, AICP Planning Director JRT:W M\ma Attachment: Exhibit A -Location Map depicting locations of stockpiled dirt, Demens Basin 1, and Demens Basin 2 and Hillside Basin Exhibit B -Location Map depicting locations of stockpiled dirt, Demens Basins ,and Demens Basin 2 Exhibit C -Mitigated Negative Declaration prepared by the County of San Bernardino Flood Control District P198 8 °S -3 ~ ~; ~g a~ 0 ~_ 3 v m E 0 V' 0 Q 0 a m N 9 oO > N O L ~~ V ga 9 O ~ LLCC t m 0 ~ c E OI y p IL EXHIBIT A 99 Q w t x w -s. '" P200 San Bernardino County MITIGATED NEGATIVE DECLARATION (JICC-2o~ Project Description Vicinity Map APNs: APPLICANT: 1061-621-03, 106111-11, 0174-011-20 San Bernardino County ;; I~ Demons Basin 1 ' i i~=~. B lio Department of Public Works zm,m - , as _ _ = p __l~ ° -_ ..~ ,, ^ PROPOSAL: Relocate approximately 96,000 cubic ~ <„°,~,a _, l:_. ~~, ,_li ,:- ,°, ,;,,,,1~°, ii - - yards (cy) of stockpiled flood debris soil R °°'„"° ~ °^ ~, ' ; d from Demens Basin 1 and approximately -- - 20,000 cy of stockpiled flood debris soil ii ~ ~i=- >~; ~;__;i from Hillside Basin (both located in the , , • "mod "° _ - ~~ tL . ~- ' foothills of the San Bernardino =Yn°w0 it 3Ji t "t °c_ c°m°.mm~ s ~r ~ ~- j ~~~_,1~ -~~~ -„ ' ° ` Mountains, adjacent to the northern {l~ € n_~i {_~; ~ i~- " ' I u I - I~ ~ ~ bounda of the Ci of Rancho ry tY C =':r ='"•.,•, ..'lam :- ~-= ~ '~~11 II -' ~ •~ ^K- ___- ~.,. I ~~ ,.l f I ~ ucamonga), to Demens Basin 2, within the Cit of Rancho Cucamon a The I "'° _ ~j; Demens -~~ -.'i~z ~ .` ~~ L~ i lLil l ~ y g . _ Basin 2 ~ ~' 1. l ~ project will fill Demons Basin 2, an inactive water t b i t i I i, i ~l ~(( ~ i l~!~ ~11 1 i1~~J~~U I~( ( ~ s ° l ?~ l'.~Iti~~i~ - orage s as n, o i ~ J _ ~_ ~ -- ~ ~ elevations suitable for buildable property. B°,ryniG, :_~~~~i~ ,• Bwry° 51 i7° i°-- `' , )~ i jt_~_-'- ' A portion of property is proposed to be _i 'il t`) ir~~, _I~j ({ ° L - ~~r ~~ ':• ~ ~i ;: ;i I~ ;~~t~l ~~,'JC~„~ sold to the City of Rancho Cucamonga, which proposes to build a fire station. _ _ -~TL '~~i`='''-~'^ '--'' 11-' ~,p~(-'I?_:il : ~u71 The remalnderwill be surplused for ll•I~Illi ~~~J ~~ r~>~~IL~~ l~ I ~ ~ development. Any development of the i ""-`=-"x J!. - -il~ r, --~ omnrear - CC e,B •` - property, including the proposed fire . ° U .. .. '--,--,-,, -,--r-='- r ~i station, will undergo a separate environme , ntal process, and is not covered in this document. COMMUNITY : City of Rancho Cucamonga/Supervisorial District 2 LOCATION: Hellman Avenue at HIIlside Drive LATITUDE/LONGITUDE: 34.153509°, -117.604303° March 18. 2008 (Effective Date of Approval/Adoption) Pions and specifications for the referenced project are available for public inspection at the Land Use Services Department, 385 North Arrowhead Avenue, San Bernardino, CA 92415-0182. Pursuant to provisions of the California Environmental Quality Act and the San Bernardino County Environmental Review Guidelines, it has been determined the above referenced project will not have a significant effect upon the environment after the implementation of mitigation measures listed in the Initial Study. An Environmental Impact Report will not be required. Reasons to support this finding are included in the written Initial Study prepared under the supervision of the San Bernardino County Land Use Services Department. i Naresh arma, P.E., Chief Date of Dete ination Environmental Management Division Department of Public Works, Environmental Mgmt. Div. 825 East Third Street, San Bernardino, CA 92415-0835 Attachments: Initial Study cc: Advance Planning Division EXHIBIT C P201 RESOLUTION NO. 08- z D / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF ADEQUACY OF A MITIGATED NEGATIVE DECLARATION, SUBJECT TO AND CONTINGENT UPON THE APPROVAL OF THE COUNTY OF SAN BERNARDINO BOARD OF SUPERVISORS, AND AS PREVIOUSLY PREPARED BY THE COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT, FOR THE RELOCATION OF APPROXIMATELY 116,000 CUBIC YARDS OF STOCKPILED MATERIALS TO FILL, COMPACT AND GRADE A PORTION OF DEMENS BASIN II, LOCATED ON THE WEST SIDE OF HELLMAN AVENUE, SOUTH OF HILLSIDE ROAD. A. Recitals. 1. The County of San Bernardino Flood Control District proposes to fill and compact Demens Basin 2 by relocating approximately 20,000 cubic yards of excess stockpiled materials from Hillside Basin and to reclaim Demens Basin 1 by relocating approximately 96,000 cubic yards of excess debris and sediment from Demeris Basin 1 to fill and compact Demens Basin 2; and 2. The County of San Bernardino Flood Control District conducted an environmental assessment and prepared California Environmental Quality Act documents, which include an initial study and a mitigated negative declaration for the project; and 3. The said documents identify potential environmental impacts, resulting from the activities relating to the proposed project. Based on the findings contained in the initial study, proper implementation of mitigation measures are necessary so that any potential environmental impacts will be mitigated to less than significant levels. Therefore, a mitigated negative declaration has been prepared for the project; and 4. The County of San Bernardino Flood Control District is transferring the responsibility to carry out the proposed project to the City of Rancho Cucamonga. Therefore, the City of Rancho Cucamonga must deem the said documents adequate; and 5. The County of San Bernardino Board of Supervisors are expected to approve and adopt the Mitigated Negative Declaration on the 21s' day of October, 2008; and 6. Upon the approval and adoption of the Mitigated Negative Declaration, the City of Rancho Cucamonga will accept the County of San Bemardino Board of Supervisors' action; and 7. The City of Rancho Cucamonga will serve as the responsible agency for the proposed project; and 8. On the 1 st day of October 2008, the City Council of the City of Rancho Cucamonga reviewed said proposal prior to the adoption of this Resolution; and 9. 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 City Council of the City of Rancho Cucamonga as follows: P202 CITY COUNCIL RESOLUTION NO.08- DETERMINATION OF ADEQUACY OCTOBER 1, 2008 Page 2 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 October 1, 2008, including written and oral staff reports, this Council hereby determines as follows: a. The said CEQA documents and mitigation measures, prepared by the County of San Bernardino Flood Control District, are adequate; and b. The City of Rancho Cucamonga will accept the County of San Bernardino Flood Control District's Mitigated Negative Declaration and its findings, subject to and contingent upon the Board of Supervisors' approval and adoption of the Mitigated Negative Declaration; and c. The City of Rancho Cucamonga will serve as the responsible agency to carry out the proposed project. 3. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 16TH DAY OF JULY 2008. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: Dr. Donald J. Kurth, Mayor ATTEST: Kathryn L. Scott, CMC, Acting City Clerk I, Kathryn L. Scott, CMC, Acting City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 16th day of July 2008, by the following vote-to-wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: P203 ORDINANCE NO. 795 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00196, AMENDING PORTIONS OF SECTION 17.08 -RESIDENTIAL DISTRICTS; SECTION 17.10 -COMMERCIAL/OFFICE DISTRICTS; AND SECTION 17.30 - INDUSTRIAL DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, PROHIBITING PUBLIC STORAGE FACILTIES INCLUDING RECREATIONAL VEHICLE STORAGE IN RESIDENTIAL DISTRICTS AND COMMERCIAL ZONES (WITH THE EXCEPTION OF THE PROVISION FOR SUCH FACILITIES PERMITTED OR CONDITIONALLY PERMITTED WITHIN THE TERRA VISTA COMMUNITY PLAN) THE AMENDMENT ALSO AMENDS SECTION 17.30 FROM PERMITTING STORAGE FACILITIES "BY RIGHT" AND TO REQUIRE A CONDITIONAL USE PERMIT FOR ALL STORAGE FACILITY APPLICATIONS; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On August 13, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment DRC2008-00196 and, following the conclusion thereof, adopted its Resolution No. 08-35, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 2. On September 17, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Code Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on September 17, 2008, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The proposed amendment applies to properties within the City of Rancho Cucamonga; and b. The proposed amendment contemplates amending text in the Rancho Cucamonga Development Code Section 17.08, Use Regulations for Residential Districts as shown in Table 17.08.030, Section 17.10.030, Use Regulations for Commercial/Office Districts as shown in Table 17.10.030, to prohibit storage facilities in all Residential Districts (except where already provided for by the Terra Vista Community Plan) and in the Commercial/Office P204 Ordinance No. 795 Page 2 of 9 Districts. The amendment also amends Section 17.30.030 -Use Regulations for Industrial Districts and removes the provision for storage facilities "by right" and further requires a Conditional Use Permit for all storage facility applications; and c. Additionally, the current text in the Development Code allows such uses in the Commercial Office (Cb) District, which also limits the potential for compatible uses within that zone and by restricting these uses in this district provides for development more consistent with the intent of the Development Code and the possible adjacent uses allowed within that district; and d. The current table in the Development Code for use regulations within the Industrial Districts allows for such facilities to be permitted "by right" within the General Industrial (GI) zone, Subareas 3 and 8, and the Heavy Industrial (HI) zone, Subarea 15, which could result in an over concentration of storage facilities in any one industrial zone or area. e. The application further requires a Conditional Use Permit' be issued for all future storage facility applications regardless of the zone designation; and f. The subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b) (3). Because the current text in the Development Code allows such uses in residential zones, storage facilities have been developed in these areas. Subsequent to that development, the impacts to residents located near or adjacent to such facilities such as noise, glare, night time lights, security and perceived loss of property value are found to be detrimental to their health, safety and could be materially injurious to those residential property owners. In this case, the ordinance constitutes a text amendment that further restricts and/or limits the possible locations of future storage facilities that will serve to reduce potential significant impacts. The City Council has reviewed Staff's determination of exemption, the Planning Commission's adoption of that exemption, and further concurs with the determination of exemption. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and The propgsed amendment is in conformance with the General Plan. SECTION 4: Development Code Section 17.08, Table 17.08.030 -Use Regulations for Residential Districts, is hereby amended to change, in words and figures, as shown in the attached Exhibit "A." Ordinance No. 795 P205 Page 3 of 9 SECTION 5: Development Code Section 17.10, Table 17.10.030 -Use Regulations for Commercial/Office Districts, is hereby amended to read, in words and figures, as shown in Exhibit "B." SECTION 6: Development Code Section 17.30 Table 17.30.030 -Use Regulations for ,~_ Industrial Districts, is hereby amended to read, in words and figures, as shown in Exhibit "C." SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the following page for /orma/ atloption, certification antl signatures Ordinance No. 795 P206 Page 4 of 9 PASSED, APPROVED, AND ADOPTED this 1st day of October 2008. onald J. Kurth, M. D., Mayor ATTEST: Kathryn L. Scott, CMC, Acting City Clerk I, KATHRYN L. SCOTT, ACTING CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 17t" day of September 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of October 2008. Executed this 2nd day of 2008, at Rancho Cucamonga, California. n L. Scott, CMC, Acting City Clerk Ordinance No. 795 Page 5 of 9 EXHIBIT A Table 17.08.030 -Use Regulations for Residential Districts USE VL L LM M MH H 1. Utility or Service Facility C C C C C C ~, Dn.-~c o{'n nl \/.,i~'nlc C4n~n nn n C. Accessory Uses 1. Accessory Structure P P P P P P 2. Antenna P P P P P P 3. Caretaker's Residence C C C C C C 4. Guest House P P P - - - 5. Home Occupation P P P P P P 6. Lodging Unit P P P - - - 7. Other Accessary Uses P P P P P P 8. Private Garage P P P P P P 9. Private Swimming Pool P P P P P P 10. Second Dwelling Unit (including elder cottage) P P P P P P 11. Feed & Tack Store (if accessory to commercial stable) C - 12. Dormitory (if accessory to college or school) C C C C C C 13. Uses in Historic Structures C C C C C C D. Temporary Uses 1. Temporary Uses as prescribed in Section 17.04.070 and subject to those provisions. P P P P P P 2. Temporary trailers for use in conjunction with religious and agricultural uses for a specified interim period. C C C C C C Note: Symbol "indicates permitted in conjunction with optional development standards only. P =Permitted Use P207 C =Conditional Use Permit required Ordinance No. 795 Page 6 of 9 RANCHO CUCAMONGA DEVELOPMENT CODE-SECTION 17.08.030 EXHIBIT A-2 1. Each dog None 3 All 2. Household pets other than a cat or do None No Maximum All 3. Exotic or Wild Animals (a) (e) All Notes: (A) Young animals bom to a permitted animal kept on the site may be kept until such animals an: weaned. (cats and dogs - 4 months; large animals - 6 months; horses - 12 months) (8) As established by Conditional Use Permit review. -~- (C) A minimum of 20, 000 square feet of lot is requin=d to maintain these animals. (D) More than 5 birds or rodents per each 5, 000 square feet of site area maybe permitted subject to approval of a Conditional Use Permit. (E) A pony, which is defined as any horse measuring 14 hands and 2 inches orless in height at the withers, maybe kept in addition to the keeping of two horses or in lieu of two horses, three ponies maybe kept on a 20,000 square foot lot. 3. Home Occupations. The use of a residence for business purposes shall be permitted subject to issuance of a Home Occupation Permit (See Section 17.04.060). 4. Mobile Homes. One mobile home is permitted on a lot in a residential District, except Very Low, subject to the following requirements: a. The mobile home is placed on a permanent foundation system in compliance with all applicable building regulations. b. The. mobile home construction is certified under the National Mobile Home Construction and Safety Standards Act of 1974 and which was constructed after October of 1976. Documentation indicating certification and construction date must be submitted to the Building and Safety Division in order to secure valid building permit(s). c. The Design Review Committee shall determine if the placement of the mobile home is compatible to the immediate area in which it is being placed in accordance with Section 17.06.010 and the following criteria: (1) The design of the mobile home unit shall be similar in character and appearance to other dwellings in the area for such things as unit size, roof overhangs, roof materials and exterior materials. (2) All building setbacks, parking, coverage, height, width and sign requirements of the base District shall apply. 5. o ~ i v ~, i cr nn' ct r~..'rr'~S Ttie ~u'r .,,r ter.. ,.v a a ~ na nGn r Tti .r i }' 'r~.' ^rti r'r tie ^'.+o..r'., u., 2/04 P208 Ordinance No. 795 Page 7 of 9 6. Second Dwelling Units. Permitted subject to the following criteria: a. The unit may be constructed as an accessory building or attached to the primary residence on a parcel in single-family and multi-family residential districts. b. The unit is not for sale, but for rental purposes only, or use by a member of the immediate family. c. The lot contains an existing single-family detached residence, and does not contain a guest house. d. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square feet; if greater than 20,000 square feet, the second unit can exceed 640 square feet but may not be greater than 950 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement.) Lot Size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height: A detached second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling unit. e. The unit shall have a separate entrance from the main residence. The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. Temporary removable units shall provide one off-street parking space. P209 11/0~ Ordinance No. 795 Page 8 of 9 EXHIBIT B Table 17 10 030 -Use Re ulations for Commercial/Office Districts 42. Locksmith shop. - P P 43. Massage establishments. - - C - - S 45. Mortuaries and cemeteries. C C C 46. Music, dance, and martial arts studio. - P P 47. Newspaper and magazine stores. P P P 48. Nurseries and garden supply stores; provided, in the NC district, all equipment, supplies and material are kept within an enclosed area, and provided that fertilizer is stored in acka ed form onl . _ P p 49. Office and business machine stores. P P P 50. Office supply stores. P - P 51. Parking facilities (commercial) where fees are char ed. P _ p 52. Pawn shops. - - C 53. Pet shop. - P P 54. Political or philanthropic headquarters. P P P 55. Plumbing shop and supplies. - - P 56. Photocopy. P P P 57. Printing shops. - P 59. Restaurants (other than fast food). a. With entertainment and/or cocktail lounge and bar. b. Incidental serving of beer and wine but without a cocktail lounge, bar, entertainment, or dancin . C P C P C P 60. Shoe stores, sales and repair. - P P 61. Second-hand store. - C C P21O Ordinance No. 795 Page 9 of 9 EXHIBIT C Table 17.30.030 -Use Regulations for Industrial Districts SUMMARY OF LAND USE TYPE BY SUBAREA P211 LAND USE IP GI GI GI G GI IP IP GI MI/HI GI GI IP GI GI HI I IP MU/OS USE TYPES SUBAREAS HO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 17 18 MANUFACTU RI NG- Custom P P P P P P P P P P P P P C P Light P P P P P P P P P P P P P C P _ Medium ~ - C C C P P` C P P P P P P ~ Heavy P ~ Minimum Impact Heavy P P Z OFFICE PROFESSIONAL D ESI GN 8 RESE ARCH J Administrative & Office P P P P P P P C P C C P P ~- Professional/Design Services P P P P P P P C P C C P P V Research Services P P P P P P P P P P P P P P P LL "~ WHOLESALE, STORAGE, & DISTRIBUTION - -~, ~ - "U Public Storage Light C P C P RC P C P C P P P RC P C P C P C P P P C P RC P P P d N. Medium C P P C P P` P P P P P P P ~ Heavy C P C P ~`~ ' MATERIALS RECOVERY FACILITIES ~ "' ' - ' - - ` W- ' Collection Facilities P P P P P P P P P P P P Q, Processing Facilities C C C C C C C Scrap Operation C m ~ _ CIVIC N Administrative Civic Services P P P P P P P P P P P P P O Convention Centers C C C [-: Guttural P C C P C C ~' Day Care Facility C C C C C C C C C C C C C C C C W Emergency Shelter Extensive Impact Utility Facilities C C C C C C C C C C C ~W -•, ; Q. ' Flood ControllUtility Corridor P P P P P P P P P P P P P P P P P P Public Assembly C C C C C C C C C C C C C Public Safety & Utility Services C C C C C C C C C C C C C C C C C C Religious Assembly C C C C C C C C C C C C C Schools C C C C C C C C C C C C C C C C NOTES IP -Industrial Park P -Permitted Use HO -Haven Avenue Overlay District C -Conditionally Permitted Use GI -General Industrial ^ -Non-Marked Uses not permitted MI/HI -Minimum Impact Heavy Industrial A -Adult Entertainment Zoning Permit Required HI -Heavy Industrial MU/OS -Mixed Use/Open Space P" -Permitted with Master Plan approval for 35 acre minimum P212 ORDINANCE NO. 796 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2008-00561, TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING MINI- STORAGE IN ALL RESIDENTIAL DISTRICTS AND REVOKING ORDINANCE NO 287 (VCPA 85-01) A. Recitals. 1. On August 13, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Victoria Community Plan Amendment DRC2008-00561 and, following the conclusion thereof, adopted its Resolution No. 08-36, recommending that the City Council of the City of Rancho Cucamonga adopt said Victoria Community Plan Amendment. 2. Also on August 13, 2008, the Planning Commission of the City of Rancho Cucamonga considered the related Development Code Amendment DRC2008-00196 and recommended approval of that amendment. 3. On September 17, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed Victoria Community Plan Amendment. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on September 17, 2008, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The proposed amendment applies to properties within the Victoria Community Plan area of the City of Rancho Cucamonga; and b. The proposed amendment contemplates revoking Ordinance No. 287 which currently provides for such storage facilities within the Medium-High and High residential land use categories, thereby prohibiting public storage facilities, including mini-storage from the Medium-High and High residential land use categories; and c. Because the current text in the Victoria Community Plan allows such uses in residential zones, storage facilities have been developed in these areas. Subsequent to that development, the impacts to residents located near or adjacent to such facilities such as noise, glare, night time lights, security and perceived loss of property value are found to be detrimental to their health, safety and could be materially injurious to those residential property owners; and d. The application further requires a Conditional Use Permit be issued for all future storage facility applications regardless of the zone designation; and P213 Ordinance No. 796 Page 2 of 3 e. The subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b) (3). In this case, the ordinance constitutes a text amendment that further restricts and/or limits the possible locations of future storage facilities that will serve to reduce potential significant impacts. The City Council has reviewed Staff's determination of exemption, the Planning Commission's adoption of that exemption, and further concurs with the determination of exemption. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This amendment does not conflict with the. Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed amendment is in conformance with the General Plan. SECTION 4: Ordinance No. 287 is hereby revoked. SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the following page for formal atlopfion, certi/ication antl signatures Ordinance No. 796 P214 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 15` day of October 2008. Donald J. Kurth, M.D., Mayor ATTEST: Kathryn L. Scott, CMC Acting City Clerk I, KATHRYN L. SCOTT, ACTING CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 17th day of September 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of October 2008. Executed this 2nd day of October 2008, at Rancho Cucamonga, California. Kathryn L. Scott, CMC, Acting City Clerk P215 ORDINANCE NO. 797 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2008-00566, TO PROHIBIT PUBLIC STORAGE FACILITIES, INCLUDING RECREATIONAL VEHICLE AND MINI-STORAGE IN ALL RESIDENTIAL DISTRICTS A. Recitals 1. On August 13, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Etiwanda North Specific Plan Amendment DRC2008-00566 and, following the conclusion thereof, adopted its Resolution No. 08-37, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. Also on August 13, 2008, the Planning Commission of the City of Rancho Cucamonga considered the related Development Code Amendment DRC2008-00196 and Victoria Community Plan Amendment DRC2008-00561 and recommended approval of those amendments. 3. On September 17, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the proposed Victoria Community Plan Amendment. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on September 17, 2008, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The proposed amendment applies to properties within the Etiwanda North Specific Plan area of the City of Rancho Cucamonga; and b. The proposed amendment contemplates prohibiting public storage facilities, including recreational vehicle and mini-storage from the Low (L) Residential land use category; and c. Because the current text in the Etiwanda North Specifc Plan allows such uses in the Low (L) residential zone with an approved Conditional Use Permit, impacts to residents located near or adjacent to such facilities such as noise, glare, night time lights, security and perceived loss of property value may arise to be detrimental to their health, safety and could be materially injurious to those residential property owners; and Ordinance No. 797 Page 2 of 5 The develo ment of additional storage facilities within the Residential land use ~. p category could be found to be incompatible with the goal of reflecting the rural setting of the area; and e. The subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b) (3). Because the current text in the Etiwanda North Specific Plan allows such uses in the Low (L) residential zone, impacts to residents located near or adjacent to such facilities such as noise, glare, night time lights, security and perceived loss of property value are found to be detrimental to their health, safety and could be materially injurious to those residential property owners. In this case, the ordinance constitutes a text amendment that further restricts and/or limits the possible locations of future storage facilities that will serve to reduce potential significant impacts. The City Council has reviewed Staffs determination of exemption, the Planning Commission's adoption of that exemption, and further concurs with the determination of exemption. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and SECTION 4: Section 10.2.3, Table 3 -Use Regulations for Residential Districts is hereby amended as shown on the attached Exhibit A. SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. P216 Please see the following page !or formal adoption, certification and signafnres Ordinance No. 797 P217 Page 3 of 5 PASSED, APPROVED, AND ADOPTED this 1st day of October 2008. Donald J. Kurth, M.D., Mayor ATTEST: Kathryn L. Scott, CMC Acting City Clerk I, KATHRYN L. SCOTT, ACTING CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 17`" day of September 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1st day of October 2008. Executed this 2nd day of October 2008, at Rancho Cucamonga, California. Kathryn L. Scott, CMC Acting City Clerk ~~1-IltSll A TABLE 3 -USE REGULATIONS FOR RESIDEhTL47, DLSIRICTS Ordinance No. 797 P218 Page 4 of 5 USB HRE VLE HR. VL L A. Residential Uses 1. Single Family Detached P P P P P B. Ctber Uses 1. Church C C C 2. Club, Lodge, Fraternity and Sororiry C 3. College ar University C C C 4. Public Facility C C C C 5. Day Care Facility Accessory - 6 or less P P P P P Non-Accessory - 7 or more C I C C 6. Fire and Police Station C I C I C I C 7, GoIE Course, Tennis Club, Country Ctub (private) C C C C C 8. Pubtic Park zad Playground P P P P 9. ~ Residential Care Facility Accessory • 6 or less P P P P P Non-Accessory - 7 or more 10. Schools, Private and Pazochial ~ C I C C 11. Stable, Commercial C I - I C 12. Sable, Private (min. 20,000 SF lot siu) P I P P P I - 13. Utility or Service FaciIiry I C C C C I 'C C. Accessory Uses 1. Accessory Structure P P P I P P 2. Antenna I P I P P P I P 3. Cazetaker's Residence C C C C I C 4. Guest House P P P P I P III-8 Ordinance No. 797 P219 TABLE 3 - (CONTINUED) USE REGULATIONS FOR RESIDEIv'TIAL DISTRICTS Page 5 of 5 USE HRE VLE HR VL I L 5. Hame Occupation P P P P P 6. Lodging Unit P I P I P 7. Other Accessory Uses P P P P P 8. Private Garage P P P P P 9. Private Swimming Pool ~ P p p p p o ding elder cottage) C C C C 11. Recreational Vehicle Storage Yard 1 ree ack core (if accessory to co ercial stable) C C 13. Dormitory (if accessory to college or school) C C I C D. Temooray Uses ' 1. Temporary Usec az pres:.ribed in Development Code Section 17.04.070 and subject to those provisioac. P P P P P 1. Temporary trailers for use in coajtmetion with reIigiouc and agricu?crzl uses for a Vic: fined interim period. C C ~ C NOTE: For deEmi6oat see Development Code, Section 17.02.140 ~P.~ i III-9 P220 ORDINANCE NO. 798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING AND SUPERSEDING SECTIONS 8.08.010 THROUGH 8.08.060 OF CHAPTER 8.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ASSUME THE RESPONSIBILITIES FOR THE ENFORCEMENT OF THE MOBILEHOME PARKS ACT AND SPECIAL OCCUPANCY PARKS ACT OF THE CALIFORNIA HEALTH AND SAFETY CODE, AND TITLE 25, CHAPTERS 2 AND 2.2, OF THE CALIFORNIA CODE OF REGULATIONS THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: Section 1. Recitals. A. Pursuant to Chapter 8.08, Section 8.08.020 of the Rancho Cucamonga Municipal Code, the City of Rancho Cucamonga ("City") previously designated the County Department of Environmental Health Services for the enforcement of California Health and Safety Code, Division 13, Part 2.1 ("Mobilehome Parks Act"), and related regulations of Title 25, California Administrative Code, within the City. B. Such enforcement by the County of San Bernardino Department of Environmental Health Services will cease after November 30, 2008. C. Effective December 1, 2008, the City assumes full responsibility for the enforcement of California Health and Safety Code,-Division 13, Part 2.1, commencing with Section 18200 ("Mobilehome Parks Act"), and Part 2.3, commencing with Section 18860 ("Special Occupancy Parks Act") of the California Health and Safety Code, and their related administrative regulations contained in Title 25, Division 1, Chapters 2 and 2.2 of the California Code of Regulations (the "Regulations"). D. The effective date of assumption of enforcement responsibilities by the City shall be December 1, 2008. E. With the adoption of this Ordinance, the City intends to meet the public protection intent and provisions of the Mobilehome Parks Act, Special Occupancy Parks Act, and Regulations (collectively "State Mobilehome Laws°), to ensure that all mobile home parks within the City are maintained in a safe, sanitary and acceptable residential areas. Reasonable compliance with maintenance, sanitation, safety, use and occupancy provisions of the State Mobilehome Laws is anticipated within 90 days from the effective date of this Ordinance. P221 Ordinance No. 798 Page 2 of 6 The City assumes responsibility for the enforcement of the California Health and Safety Code, Division 13, Part 2.1 commencing with Section 18200 ("Mobilehome Parks Act") and Part 2.3 commencing with Section 18860 ("Special Occupancy Parks Act") of the California Health and Safety Code and their related administrative regulations contained in Title 25, Chapters 2 and 2.2 of the California Code of Regulations (the "Regulations") within the City. 8.08.020 Enforcement authority. The City hereby delegates the responsibility for the enforcement of the Mobilehome Parks Act, the Special Occupancy Parks Act Health, and the Regulations (collectively, the State Mobilehome Laws") to the Building and Safety Department. The City hereby designates the Building and Safety Official, as the person who is qualified to enforce the aforementioned Acts. 8.08.030 Enforcing officers. As needed to meet the program goal and objectives, the Building and Safety Official is directed to assign at least two qualified employees to enforce the provisions of the State Mobilehome Laws. 8.08.040 Fee schedule. The City hereby adopts the schedules of fees designated in the State Mobilehome Laws. 8.08.050 Statement of Objectives The City hereby adopts the statement of objectives contained in the State Mobilehome Laws. The City's specific objectives in assuming statutory authority from California Department of Housing and Community Development ("HCD") are to provide for timely and reliable enforcement of the State Mobilehome Laws regarding use, maintenance, and occupancy governed by said Acts; and to protect public health, safety and welfare. 8.08.060 Description of Existing Parks. Alta Laguna. The park was established in 1973 with 186 spaces. It is fully occupied at this time. The mobile homes are mostly double wide units. There is one ingress point at Baseline and an egress at Hermosa. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool lspa, common area maintenance, RV parking, controlled access gates and exterior fencing. "8.08.010 City assumption of enforcement responsibility. Ordinance No. 798 P222 Page 3 of 6 Alta Vista. The park was established in 1972. There are 294 spaces. However, there are 8 vacant lots in the park at this time. The park has two ingress and egress points. The park currently provides several facilities and services, such as: clubhouse, pool /spa, wading pool, common area maintenance, tennis courts, basketball court and exterior fencing. Casa Volante. The park was established in 1969 with 203 spaces. It is fully occupied with double wide units. One access point is located at Foothill and an emergency egress is located at Baker Road. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool/spa, common area maintenance and exterior fencing. Chaparral Heights. The park was established in 1970 with 155 spaces. The park is fully occupied with double wide units. One access point is at Archibald and an emergency access also on Archibald. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, common area maintenance, RV parking, bocce court and exterior fencing. Foothill Manor. The park was established in 1947 with 87 spaces. The park is mainly single wide mobile home units. One ingress point at Focthill and the egress access is on Hellman. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool, common area maintenance, RV parking and exterior fencing. Pines. The park was established in 1965 with 165 spaces. The park is completely occupied with double wide units at this time. One access point is located at Foothill and two emergency egresses located at Hermosa Street. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, common area maintenance, RV parking and exterior fencing. Ramona Villa. The park was established in 1974 with 149 spaces. The park is fully occupied with double wide units. One access point is located at Baseline and two emergency accesses on Ramona Street. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, sauna, common area maintenance, RV parking and exterior fencing. Sycamore Villa. The park was established in 1965 with 96 spaces. The park has mainly double wide mobile home units. One ingress access at Foothill and the egress access is on Hellman. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool /spa, basketball court, common area maintenance, and exterior fencing. P223 Ordinance No. 798 Page 4 of 6 8.08.070 Effective Date of Assumption. The effective date of assumption of enforcement responsibilities of the State Mobilehome Laws shall be December 1, 2008. 8.08.080 Method of Enforcement. Not later than thirty (30) days from the effective date of assumption of enforcement as defined in Section 8.08.070, the City shall commence and thereafter diligently enforce the State Mobilehome Laws as follows: (a) Review and maintain relevant files provided by HCD and compare same with records on file with City. (b) Review pertinent building standards of the State relevant to mobilehomes and manufactured homes. (c) Ascertain the status of all permits-to-operate and construction permits, and enforce relevant requirements. (d) Investigate and resolve complaints as the need arises. (e) Perform periodic park maintenance inspections consistent with applicable law. (f) Take all other actions as are deemed appropriate in furtherance of State laws and regulations. 8.08.090 Us e of State Forms When enforcing the State Mobilehome Laws, the City shall utilize the following• forms: (a) HCD SOOA, Application for Permit to Operate; (b) HCD 5038, Annual Permit to Operate; (c) HCD 51 3B, Manufactured Home or Mobilehome Installation Acceptance (d) HCD 513C, Certificate of Occupancy (e) HCD 538, Plot Plan 8.08.100 Permits To Operate and State Fees. The City agrees to send a copy of all permits to operate and State fees to the Administrative Office of the Division of Codes and Standards of HCD no later than the 15'h of the month following the City's issuance of such permits and receipt of such funds." Ordinance No. 798 P224 Page 5 of 6 Section 3. Transmittal of Ordinance. The City Clerk is hereby instructed to transmit a certified copy of this Ordinance to the Administrative Office of the Division of Codes and Standards of HCD within ten (10) days of the date of adoption which, in any event, shall not be less than thirty (30) days before the effective date of assumption of enforcement responsibilities. Section 4. Severability. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause of this ordinance whether or not any one or more sections, subsections, phrases or clauses may be declared invalid or unconstitutional on their face or as applied. Section 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Please see fhe following page for /orma/ adoption, certification and signatures P225 Ordinance No. 798 Page 6 of 6 PASSED, APPROVED, AND ADOPTED this 1st day of October 2008. Donald J. Kurth, M.D., Mayor ATTEST: Kathryn L. Scott, CMC, Acting City Clerk I, KATHRYN L. SCOTT, ACTING CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 17l" day of September 2008, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1 st day of October 2008. Executed this 2nd day of October 2008, at Rancho Cucamonga, California. Kathryn L. Scott, CMC, Acting City Clerk P226 nticno CuCnMONGA Staff Report DATE: October 1.2008 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENTAND GENERAL PLAN AMENDMENT DRC2006-00224- CHARLES JOSEPH ASSOCIATES FOR BASELINE VICTORIA PARK PARTNERS LLC - A request to change the General Plan land use designation from Neighborhood Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.79 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: Victoria Community Plan Amendment DRC2006-00447, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 -CHARLES JOSEPH ASSOCIATES FOR BASELINE VICTORIA PARK PARTNERS LLC - A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.79 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: General Plan Amendment DRC2006-00224, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the City Council take final action and uphold the Planning Commission recommendation to adopt the proposed Mitigated Negative Declaration of environmental impacts and approve General Plan Amendment DRC2006-00224 and Victoria Community Plan Amendment DRC2006-00447 through adoption of the attached Resolution and Ordinance. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Condominiums in the Medium-High Density Residential District (14-24 dwelling units per acre) of the Victoria Community Plan South - Small commercial retail center in the Village Commercial District of the Victoria Community Plan, further south across Base Line Road is the Filippi Winery East - Single-family homes in the Low-Medium (LM) Density Residential District (4-8 dwelling units per acre) of the Victoria Community Plan West - Single-family homes in the Low-Medium (LM) Density Residential District (4-8 dwelling units per acre) of the Victoria Community Plan P227 CITY COUNCIL STAFF REPORT DRC2006-00224 AND DRC2006-00447 October 1, 2008 Page 2 B. General Plan Designations: Project Site - Medium Residential (8-14 dwelling units per Acre) North - Medium-High Density Residential (14-24 dwelling units per acre) South - Neighborhood Commercial and High (H) Density Residential - Filippi Winery Site East - Low-Medium (LM) Density Residential (4-8 dwelling units per acre) West - Low-Medium (LM) Density Residential (4-8 dwelling units per acre) . ANALYSIS: A. Site Characteristics: The 6-acre site is a vacant "puzzle piece" shaped parcel that is surrounded by existing development. The site is located at the northeast corner of Base Line Road and San Carmela Court. The project site is proposed to be divided into two lots. Lot 1 is 4.79 acres of land for 67 residential condominium units, and Lot 2 is 1.21 acre of land to remain as an existing commercial parking lot and vacant portion of land. The property has a gradual slope to the southwest and contains no significant vegetation, except for trees along the west side of the site adjacent to an existing parking area to the east of the site. A Tree Removal Permit DRC2007-00081 has been submitted to remove approximately 10 trees from this area. Along the eastern frontage of the site on Victoria Parkway, is an existing grove of trees that are within the public right-of-way and will be retained. B. Background: The Planning Commission held a public hearing on August 27, 2008, for these items as part of the development proposal for the Vineyards at Victoria Lane Project. A copy of the staff report and minutes are attached for reference. The Planning Commission approved Development Review DRC2006-00730 and Tentative Tract Map SUBTT18212, conditioned upon the City Council approval of the associated General Plan and Community Plan Amendments. No appeal of Development Review DRC2006-00730, and Tentative Tract Map SUBTT18212 was filed within the appeal period, therefore, the application before the City Council pertains only to the General Plan Amendment and Community Plan Amendment. The project is to construct 67 market-rate condominium units with attached two-car garages on approximately 4.79 acres of undeveloped land located at the northeast corner of Base Line Road and San Carmela Court (north and west of the existing Victoria Village retail center). The project offers 2-bedroom (20 units) and 3-bedroom (47 units) that range in size from 1,400 to 1,600 square feet and on site amenities such as a pool, spa, and pocket park with barbeques. Primary access to the project site will be from a gated entrance at Atwood Court (off Victoria Park Place), with emergency fire department access off San Carmela Court. The design of the new units is a contemporary interpretation of the Spanish/Mediterranean architectural style. Concurrent with these applications is a Tentative Tract Map SUBTT18212. The tentative tract map proposes the subdivision of air space for residential condominium purposes, which will allow individual ownership of the proposed 67 condominium units and common ownership of the buildings, open space, parking, and driveways. C. General Plan/Community Plan Amendments: Amending the General Plan land use designation from Neighborhood Commercial to Medium Residential and the Community Plan Map from Village Commercial to Medium Residential would allow for development of the project area in a manner that promotes land use compatibility with the existing residential uses to the north and east of the project area and with the existing and future commercial uses to the south and east of the project area, thereby promoting future development consistent with the surrounding neighborhood. P228 CITY COUNCIL STAFF REPORT DRC2006-00224 AND DRC2006-00447 October 1, 2008 Page 3 .~. -. .~ .=<Plan ~ °'-~. _ ~'Existin :Desi`nation~s; ..P.~o"osed_Desi nation.: General Plan Neighborhood Commercial Medium Residential DRC2006-00224 8 to 14 Dwelling Units Per Acre Victoria Community Plan Village Commercial Medium Residential DRC2006-00447 8 to 14 Dwelling Units Per Acre D. Environmental Assessment: An Initial Study was prepared forthe entire project and released for public review on July 31, 2008. Based on the findings of the Initial Study, staff determined that the project could have a potentially significant adverse environmental impact unless reduced to a level of less-than-significant by the implementation of mitigation measures. Areas identified as subject to potential environmental impacts were in Cultural Resources, Hydrology and Water, Noise, Air Quality (short-term during site preparation), and Geology and Soils. Proposed mitigation measures have been included as conditions of approval for the project. Therefore, a Mitigated Negative Declaration is proposed for the project. As part of this project, the applicant has also applied for a Tree Removal Permit for all trees (approximately 10) located on the interior east boundary of the site adjacent to the existing commercial center. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot plus radius of the project site. A total of 387 notices were mailed. No direct public comment to staff has been received. Respectfully submitted, /\' Jam s R. Troyer, AICP Planning Director JRT:SF/ge ~~ti Attachments: Exhibit A -Planning Commission Staff Report Dated August 27, 2008 Exhibit B -Planning Commission Minutes Dated August 27, 2008 Draft Resolution Recommending approval of General Plan Amendment DRC2006-00224 Draft Ordinance Recommending approval of Victoria Community Plan Amendment DRC2006-00447 T H E C I T Y O F R A N C rI O C U C A M O N G A Staff Report DATE: August 27, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler. Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the General Plan land use designation from Neighborhood Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.79 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: Victoria Community Plan Amendment DRC2006-00447, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.79 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: General Plan Amendment DRC2006-00224, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18212 - CHARLES JOSEPH ASSOCIATES - A request to subdivide 6 acres of land into two lots. Lot 1 is 4.79 acres of land for 67 residential condominium units in the proposed Medium Residential District (8-14 dwelling units per acre), and Lot 2 is 1.21 acres of land to remain as an existing commercial parking lot and a vacant portion of land in the Village Commercial District, located at'the northeast corner of Base Line Road and San Carmela Court,- APN: 1089-581-01. Related files: General Plan Amendment DRC2006-00224, Victoria Community Plan Amendment DRC2006- 00447, Development Review DRC2006-00730, and Tree Removal Permit DRC2007- 00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. P229 EXHIBIT A P230 PLANNING COMMISSION STAFF REPORT DRC2006-00224, DRC2006-00447, SUBTT18212, AND DRC2006-00730 August 27, 2008 Page 2 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2006- 00730 -CHARLES JOSEPH ASSOCIATES -Site Plan and design review for 67 residential condominiums on 4.79 acres of land in the proposed Medium Residential District (8-14 dwelling units per acre), located at the northeast corner of Base Line Road and San Carmela Court - APN: 1089-581-01. Related files: General Plan Amendment DRC2006-00224, Victoria Community Plan Amendment DRC2006 00447, and Tentative Tract Map SUBTT18212, and Tree Removal Permit DRC2007- 00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION: A. Proiect Density: 14.26 dwelling units per acre Surrounding Land Use and Zoning: North - Condominiums in the Medium High Density Residential District (14-24 dwelling units per acre) district of the Victoria Community Plan South - Small commercial retail center in the Neighborhood Commercial district of the Victoria Community Plan, further south across Base Line Road is the Filippi Winery East - Single-family homes in the Low-Medium (LM) Density Residential District (4-8 dwelling units per acre) of the Victoria Community Plan West - Single-family homes in the Low-Medium (LM) Density Residential District (4-8 dwelling units per acre) of the Victoria Community Plan C. General Plan Designations: Project Site -See table above. North - Medium-High Density Residential (14-24 dwelling units per acre) South - Neighborhood Commercial and High (H) Density Residential -Filippi Winery site East - Low-Medium (LM) Density Residential (4-8 dwelling units per acre) West - Low-Medium (LM) Density Residential (4-8 dwelling units per acre) Site Characteristics: The 4.70-acre project site is a vacant "puzzle piece" shaped parcel that is surrounded by existing development. The property has a gradual slope to the southwest and contains no significant vegetation, except for trees along the west side of the site adjacent to and existing parking area to the east of the site. A Tree Removal Permit DRC2007-00081 has been submitted to remove approximately 10 trees from this area. Along the eastern frontage of the site on Victoria Parkway, is an existing grove of trees that are within the public right-of-way and will be retained. P231 PLANNING COMMISSION STAFF REPORT DRC2006-00224, DRC2006-00447, SUBTT18212, AND DRC2006-00730 August 27, 2008 Page 3 D. Parking Calculations: .~. -~ ~. 'Unit Sep' ~ No of Units' ~ tier of Spaces Reoa4~ed Num 'Number of Spaces'Provided• , r. 3-Bedroom 47 40 spaces 94 2 Gara e S aces Per Unit 2-Bedroom 20 94 spaces 40 2 Gara e S aces. Per Unit Visitor _ 17 spaces 18 1 Gara a er 4 Units -Uncovered Totals . 67 units. ' ': .'1'51s aces".. ' ' '•.,152s acesr." Parkins fdr each uiiit~is~.provtded i n attaohed2-ca[~.garages -. .., - ~~' ANALYSIS A. General: The project was originally presented to Planning Commission back on May 23, 2007 where it was continued due to a parking easement that intersected a portion of the northeast corner of the project. Since that time approximately 1.30 acres of land was reduced from the project to allow the easement on the adjacent property to be left alone and to allow this project to proceed forward. With the reduction in land came a reduction in units and visitor parking spaces. The original proposal was for the development of 82 units and 28 visitor parking spaces and the current proposal is to develop 67 market-rate condominium units on approximately 4.70 acres of undeveloped land located at the northeast corner of Base Line Road and San Carmela Court (north and west of the existing Victoria Village retail center). The new units will be grouped in 3 and 4-plex buildings arranged across the site as presented previously. The project offers 2-bedroom (20 units) and 3-bedroom (47 units) that range in size from 1,400 to 1,600 square feet with attached two-car garages. Eighteen (18) visitor parking spaces are provided (17 required) which are distributed around the site. Recreational amenities are also provided around the site including a pool, spa, and pocket park with barbeques. Primary access to the project site will be from a gated entrance at Atwood Court (off Victoria Park Place), with emergency fire department access off San Carmela Court. The design of the new units is a contemporary interpretation of the Spanish/Mediterranean architectural style. The building design features clay the hip roofs and recessed windows and doors, decorative tile, and ornamental iron work. The exterior walls will be clad in smooth texture stucco, typically associated with the proposed style. B. Tentative Tract Map: Concurrent with the Development Review application is Tentative Tract Map SUBTT18212. The tract map proposes the subdivision of air space for residential condominium purposes, which will allow individual ownership of the proposed 67 condominium units and common ownership of the buildings, open space, parking, and driveways. P232 PLANNING COMMISSION DRC2006-00224, DRC200 August 27, 2008 Page 4 STAFF REPORT i-00447, SUBTT18212, AND DRC2006-00730 C. Land Use Amendments: To facilitate the development of the proposed project, the underlying General Plan and Victoria Community Plan land use designations will need to be changed from commercial to residential as depicted in the following table. .~. •~ ~ ~- Plan Existin Desi nation Pro osed Desi nation General Plan Neighborhood Commercial Medium Residential DRC2006-00224 8-14 Dwelling Units/Acre Victoria Community Plan Village Commercial Medium Residential DRC2006-00447 8-14 Dwelling Units/Acre D. Design Review Committee: The project was reviewed by the Design Review Committee (Munoz, Stewart, and Henderson) on May 1, 2007. The Committee approved the project as presented, finding the project to be well-designed and thanked the applicant for proposing high-quality exterior details. In addition, the Committee was supportive of the relocation of the pedestrian access point from San Carmela Court to Base Line Road. The applicant was directed to ascertain and comply with any ADA requirements. Finally, the applicant was asked to study the landscape (trees) screening of the second floor units from the existing gas station use on the adjacent property to the east. The applicant agreed to implement the above recommendations, and the Committee recommended that the item be forwarded to the Planning Commission for final approval with the above changes. The project was down sized and sent back to Design Review Committee (Munoz, Wimberly, and Henderson) on July 15, 2008 to be reviewed again. The Committee approved the project as presented as all previous issues had been addressed. E. Grading and Technical Review Committee: The project was reviewed by the Committees on May 1, 2007. At the time, the Committee did not approve the Grading and Drainage Plans pending the submittal of a modified Site Plan to include aright-turn only lane as required by the Engineering Department. The item was reviewed again on May 15, 2007, at which time the outstanding item was resolved to the satisfaction of the Building and Engineering Departments, and the plans were conceptually approved. The project was reviewed by both Committees again on July 15, 2008. The committees again conceptually approved the plans. F. Environmental Assessment: An Initial Study was prepared forthe entire project and released for public review on April 30, 2007, then again on July 31, 2008. Based on the findings of the Initial Study, staff determined that the project could have a potentially significant adverse environmental impact unless reduced to a level ofless-than-significant by the implementation mitigation measures. Areas identified as subject to potential environmental impacts were in Cultural Resources, Hydrology and Water, Noise, Air Quality (short-term during site preparation), and Geology and Soils. Proposed mitigation measures have been included as conditions of approval for the project. Therefore, a Mitigated Negative Declaration is proposed for the project. As part of this project, the applicant has also applied for a Tree Removal Permit for all trees (approximately 10) located on the interior east boundary of the site adjacent to the existing commercial center. P233 PLANNING COMMISSION STAFF REPORT DRC2006-00224, DRC2006-00447, SUBTT18212, AND DRC2006-00730 August 27, 2008 Page 5 NEIGHBORHOOD MEETING: A neighborhood meeting to discuss the proposed project with adjacent residents was held on March 29, 2007. Fourteen residents attended the meeting and were generally supportive of the project but expressed their concern regarding parking impacts on San Carmela Court from the project. Many of the residents were concerned that the visitor/overflow parking from the project would adversely impact their street. Although the residents were satisfied to know that no vehicular access (except for emergency responders) was being proposed on San Carmela Court, they felt that any pedestrian access points on San Carmela Court also be eliminated to discourage street parking. The applicant was open to relocating the pedestrian access to the Base Line Road side of the project. A copy of the minutes from the March 29, 2007, meeting is attached. A neighborhood meeting to discuss the downsize of the proposed project was held with the adjacent residents on July 29, 2008. Seventeen residents attended the meeting and again were supportive of the project but expressed concerns again about parking on San Carmela Court but were assured that no parking signs would be posted to eliminate that problem. Also concerns of parking issues on Atwood Street were raised. The applicant advised them that they meet the required parking provisions set forth by the City's Municipal Code and the residents seemed satisfied. A copy of the minutes from the July 29, 2008, meeting is attached. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot plus radius of the project site. A total of 387 notices were mailed. No direct public comment to staff has been received. RECOMMENDATION: Staff recommends that the Planning Commission adopt the proposed Mitigated Negative Declaration of environmental impacts and approve Development Review DRC2006-00730 and Tentative Tract Map SUBTT18212 through the adoption of the attached Resolutions of Approval with Conditions. In addition, staff recommends the Commission approve the attached resolutions recommending that the City Council approve the associated General Plan and Victoria Community Plan land use amendments. Respectfully submitted~"'~~ ~, ~~ U ames R. Troyer, AICP Planning Director Attachments: Exhibit A -Tentative Tract Map SUBTT18212 Exhibit B -Project Plans Exhibit C -Neighborhood Meeting Minutes dated March 29, 2007 & July 29, 2008 Exhibit D -Initial Study Parts I and II Draft Resolution Recommending approval of General Plan Amendment DRC2006-00224 Draft Resolution Recommending approval of Victoria Community Plan Amendment DRC2006-00447 Draft Resolution of Approval for Tentative Tract Map SUBTT18212 Draft Resolution of Approval for Development Review DRC2006-00730 rn ~~ ~ _-o ~~ ~~ ~ ~'~. 1 ~ K~MAI )YPANIEI: ..mn.... ~. ~. tlLKI: - ~sy.ur_ -_- ~~ M1 I __A~ ~. i ~~ _~afIII ~.:Mj A UN I '., T E \ h EAIEMENIS ':G s- .....~,.... ...._.e..._e..._ 4 O .......... _....e... . G ._ . ~ r ~.~~.... ~. ry o r«~r..°~' '° ~ . m a an O °n ~ _ _ a....~~~. w.. «..~.. n..e ~~..-~~~. ~ g _ () .~ n ......,n,n.a.~. 1 o..,._...._.... IYPILAL SELiION C{ SqN CgRMELq L-URL _" ~a......... _~~ ._ TYPICAL SECTION B8: VICTORIA PgRK WNE mm~ i3 TENTATIVE TRACT MAP NO. 18212 '~. CITY OF RPNCHO CUCM10NOq COUNTY Of SPN BERNViBMO, STATE OF CALIFORNIA `\ FOR CONDOMINIUM PURPOSES '~'i~~\ . O ~ ' •Y'" .... __. '.. .\ P ~. IEMAL Nvtn ~. .~ LOTI ~ - p _ I. 1 I A LI i IA .:...~.:....~ ..... ........ 'I'I i I! I ~, II li - i~ r ~ ' ~ ~ his 1 ' ll i Tt 4 L 1 ~ ~' j~ ~~ \ I I. ~ t . Y - ) E- ' ~= ~. Ij I I II„ k ~` ` . . I ~9. 1 ` .III i,~\~t ' I .. . ~~a I I : c I I i s~ F ?~4i~{ ~Il ~~'~ A -~-~g~a~ -'" aaac s niaa n93s ~{ _ PM9 HI/fitrH/ e _ r ` ~ 1 ~ ~-' I~I I , ' I I ~ Tn'.~ 3 ~ ,~ e7~ e y C I I ~ I I. I 4" yr '°~.. ~_. -_ .`J£L ~: 1 _ ~ __1 I ., I. --:~ - I' '; i) 1 ~ F 1 .I I I _~ - ..... - 1~ I I ~I _ . \ ~ .. ~ . \.~ ~~\\~ i TYPICAL SECTION EE: INTERIOR STREETS : - 0 ~ ~ j TVPICAL SECTION O-U: Al W000 STREET e I ~.~.: I I I - ,c. ~.. I, I ~. -- I-r~ ~ q-- { I ~ ~ ,. .. ' L ~. I i .. i I . 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Lu. Pranbr q~ E r n e ew.,nm L v' ,,a ~~ Slumpn W IF Per fll¢kN Il SenmB Nm SI NM.'`N ilLSmu OVbm += S 'n YrP A h ABM G r~~ ~ .. $R.f P f..r IW ` PW -. ~ _ N I ~ M Gw L 1 ~ ~ ,.~. ~ I s -J - P g .. ~ I- s. b I~ I ~ ~ G o I 1~ ~1- Ti _) ~r. L.. ._I .7i' I :. I i Ao L `u l ~aS01.171 j~ :;+". 1 ~ ,~.,, nmm r.,a Pa o.oe Fewe Fnl.rgemem~ ~ _, L..., '~~~.. ~.°'... PRELIMINARY LANDSCAPE PLAN THE VINEYARDS AT VICTORIA PARK PLACE Seek: ll4'~1'-0' nw-X~le: Ip'~I'-0' FmmYW Frnm GGam Ek.. WLGne Elevuioo x .'I~ ~~ , -___ o_m CN. COnSi IrouE$lLC 2152011vwllrarne BME„ Suite 169 nonor9 wll. E.mme. cA s92ra lol: ]IPS1<-5900 Ahvnnd S(reet and Vic(orin 1'nrk Rmrc%n G¢nmonga, Cil URC 2UU6-0U224 SHEET L-4 OF 4 SIIGCTS -~_ m.r ....WrO N A 0 2 W w J U' ' 5 z z w a e ~f16; .. _ R ... e.. 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LLC Ahuaod Street and Victoria Park °'"""'' nszo eewmome ere., smm ass emime wm E:ales, cA sona Anneko Cnenmm~gn, CA ^•^+-^^ ,N.,,o.z ...a i"' p10'°00'5900 DRC 2UDfi-U0224 - SI IEET Ld OF 4 SHEETS .~ .~, N CD O 04/02/2007 23:46 9094817824 CHARLES JOSEPH PGSOC PAGE 02/04 ` P251 Charles Joset~h Associates PU8LIGPRIVpTE 8EOTOR MANAGEMENT SERVICES 82 Unit Cal coast homes Neighborhood Meeting Minutes -- Filippi Winery Meeting Date: Mar>rh 29, 2007, 6pm to 7:30pm Meeting presentation of project which included; unit size and configuration, aceess, master plan concepts of adjoining properties, unit density in relationship to surrounding neighborhood, archkectural design, Fire access connections, pedestrian connections, explanation of condo map requiremerrts and history of subject property in relationship to existing retail cerrter and proposed General Plan Amendment. Presentation of design, size & market considerations. Infomlation presented regarding the estimated zoning for existing residential of 6-7 duo, former apartments to the north of the subject site of 1 T duo, and our project approximately 13 duo. After answering the questions and presentation of itle project, it appeared the neighbors were satisfied with the Planning approach of the project. In fad, one neighbor said that they fall k was a good project but wanted to ensure that there was not a parking impact on the residential neighborhood (see 4). 2. Questions were reised regarding the access restriction and installation of traffic signal. We irtfonned homeowners that as part of our project design we wilt be contributing toward the installation of the traffic signal and there will be no vehicle access to San Carmelo other than that provided for Fire Access and this access would be landscaped for aesthetic compatibility for the neighborhood. 3. Questions regarding construction timing and development of homes. Notified neighbors that R would take approximately 't year to obtain approval of building plans through the DRC process and Plan check process before construction could begin and to expel: about 14 months of total construction. Neighbors obtained confirmation as to hours of construction provided for by the City of Rancho Cucamonga. Neighbors desired that construction access not be provided on San Carmelo. 4. Concerns about existing neighbor parking issues along San Carmelo and view access thru street. Perceived perking demands for the project & related concerns regarding RV/boat parking on public streets were addressed and resolved. Residents requested that pedestrian access gates be removed from San Garmela ~ no packing signs be installed on both sides of the street far San Cartnela along projects west side frontage to avoid this street becoming overFlow parking. Informed Office 909.481.1822 800.2r0.1622 Faa 909.481.182+ A ~ 10681 FoorhiD. Blvd, Suite 395 • Rancho Cucamonga, GA • 91730 ~v ~'~'~ ~ ACALiPORNSA CORPO&ATION o-F PC SFAfF Repcr~ 04/02/2007 23:46 9094011p~4 CHARLES JOSEPH P~GOC PAGE 03/04 neighbors that the Clty has a process in which to control this thru Sheriffs department and code enforoement. We assured residertks that we would work with the City to provide pedestrian access that would disco age parking on San Carmela. 5. Questions regarding status of Gas StatianlRetail site that if the City could by the site, butldore It for redevelopment Advised neighbors that our project does not own or control the existing commercial center and that they are cooperating with us relative to our common property interface issues. 6. Neighbors want®d speck details regarding the wall design along San Camrela, wanted a solid wall, however, after presentation agre®d with Planning's design approach of the low watt/wrought iron design. t')esire to restrict pedestrian across on San Carmela was discussed at length. P252 04/02/2007 23:46 9094817824 CHARLES JOSEPH PGSOC PAGE 04/04 P253 Cal Coast Homes Community Meeting March 29, 2007 Name Address Phone # 1 t?f~~ ~U~67 IOb9i {odr'r~rL.l /StVt~ ,~t~ ~Jr ~'!8z 2 Lt~c-u~-~ rT ~w('i`-~ r., Ca~.rraP.-o--C:~'~ '111o°I S~z 3 ~ IJl wz nn K.C: 4 ~SR~'Cs~ IJ 1-r. l~.Y7~a H~-2i~Jl.~x `A/Z- 5 n h n l 6 11 ~~ ~ 4 ~~~~~~ ° ~a ~ s #7~~~ ,~ 713gSa~, ~`3-~ ~ B ~c c.z i~ S C ~ m~ -~°1. i 9 ~~ ~~ `t 2_Z ~ ~ y 63 ~ ~"\ 11 a~~-~ _2s -t ~ ~`1 lC,l ~ And, ~ :. v4 7 12 13 14 15 16 17 18 19 20 21 22 23 24 P254 Charles Joseuh Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES July 17, 2008 Re: July 29th, 2008 Community Meeting regarding Cal Coast Homes, Vineyards at Victoria Park Place DRC 2006-00224 Dear Property Owner This letter is to invite you to a Community Meeting concerning the Vineyards at Victoria Park Place, a proposed 67 Unit Condominium Complex at the Northeast Corner of Baseline Road and San Carmela Court. We have reduced the original plan from 82 units to 67 units for the purpose of keeping the existing parking lot. This meeting will give us the opportunity to present our plans for this high quality design Condominium project that we believe will be a positive addition to your neighborhood. During the meeting you will have the opportunity to ask any questions that you may have with regard to this project. We appreciate you taking time out of your busy schedule on Tuesday 29th, 2008 at 6:00 P.M. to join us at the J. Filippi Winery located at 12467 Baseline Road, Rancho Cucamonga. The meeting will be held in the Event Room at the Winery and the project team will be available to answer any questions or concerns that you may have at this meeting. Light refreshments will be served. We are looking forward to meeting with you. Should you have any questions or need any additional information in advance of this meeting, please feel free to give me a call at your earliest opportunity. Sincerely, Charles J. Buquet Charles Joseph Associates Enclosure cc: Steve Fowler, City Planning Office 909.481.1522 SSS•240.1522 Fas 909.481.1524 Ciry Center • 10681 Foothill Blvd., Swre 395 • Rancho Cucamonga, CA • 91730 rA CN.IPORNIA CORPORATION P255 Charles Joseph Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES 67-Unit Cal Coast Homes Neighborhood Meeting Minutes Meeting Date: July 29, 2008, 6pm to 7pm Meeting presentation of project was made which included; unit size and configuration, access, parking for the development and compatibility with surrounding properties, and architectural design and consistency with surrounding neighborhood. We also explained the changes that have been made to the project from the original site design, which resulted in a decrease of units from 82 to 67, as well as a decrease in the size of the project from 6 acres to 4.7 acres. 1. Initial questions were asked regarding project parking and any impact on Atwood. Information was presented regarding advising that the project meets applicable parking requirements, and that 18 visitor parking spaces have been provided for the project and 2-car garages are provided for each unit. A neighbor stated that Atwood Street is currently being used by residents of the converted apartment project each evening. The neighbor was advised that, per the Conditions of Approval, the project is designed to provide for all parking to remain onsite. It was also explained that, aside from placing "No Parking" signs on those streets, there was no way to truly stop their residents from parking on Atwood. The neighbor stated that "No Parking" signs would not work because they needed the parking, but seemed to be satisfied with the provisions that had been made relative to our project as to onsite parking. 2. A question was raised regarding the potential problem of rodents during construction, as well as the enclosure of the site. We informed them that there are requirements that nuisances, including vermin and dust, must be kept as minimal as possible, and that the construction manager would likely be in contact with the neighbors to have a meeting before construction commences to discuss any concerns. Also, it was explained that the site is required to be enclosed by a covered fence during construction, which will limit the externalities imposed on the surrounding properties. 3. The question was asked if the addition of 67 units will cause a decrease in water pressure for the adjoining condos and homes. We explained that there are City Fire Flow requirements that must be met in the initial stage of project approvals to ensure that there will be no such effects and that existing water lines have the capacity to serve these new units with no adverse effects on other homes. Of£ce 909.48]•1822 800.240•]822 Fax 909.481•]824 Ciq~ Center • 10687 Foothill Blvd, Suite 395 • Rancho Cucamonga, C.1 • 9173(1 :~ CAI.IPOP.NLV CORPORATION P256 4. Several questions came up regarding the expected start and end dates for construction. We informed them that the project still needs to go to Planning Commission before it is approved and can move forward, which will likely occur next month. They were also informed that they will be receiving a notice for it and attend that meeting. Neighbors were informed that the construction plan check process can be expected to take about six months to complete, and there are currently no projected start and end dates for the project. 5. A few neighbors raised questions regarding the hours of construction of the project, and we told them that the City only allows construction between 6:30 am and 8:00 pm, Monday through Saturday, no Sundays or Federal Holidays, and site construction activity at many jobsites typically wraps up in the afternoon. 6. One neighbor inquired regarding the aesthetics of the project and if its compatibility with surrounding uses was taken"into consideration. We informed them that this was taken into account with the overall architecture of the project, including with smaller architectural details. It was also explained that the Filippi Winery, located across the street to the south of the site, is planning exterior renovations that mimic the design of the project. We also informed them that some of architectural designs inspiration was taken from the winery estate residential design and building materials observed with other Wine Country residential projects. A similar design inspiration was employed with the Winery Estates commercial center located west of the Filippi Winery, and those buildings have architectural design inspiration that was taken from Napa Valley wineries. .~ ~P257 a~ Cal Coast Homes Community Mzetmg Juiy 29, 2008 Phone # r ess Name Add 1 ~I of ° ~ "" J C ' 7`-i y~ ~/!~; i 7,, ~~ ~ TI "1~~ 2 ti i'l'~ ~` E ' ~'T #I ~ i 5 ~," ~~y /~ ~C~U 0 3 n I I ~z-~l~ a n/ ~Yl e ~ S ~p /off 5~ .. ~ {it)G'ZY~t ' ~ ~ 17 / l a ~ 5 \ f~~T-lU ~lnl _ 7 Z C.' 1 c,~.~ , ~:,~~ ;~ !~~ ~ s~- we ~7l s ~ < gr- .S R~ ~d I ~ Taw i 9 10 _~ ~~ ..~ ~ ~ ~~ ~ S8 i~~.~, l~; ~ 11 1 ~ ~ 11 .( ~ ~ft's~ 1 i ~~ ~~5! 12 LISS' C(Sr~,e ION ~ 1231 ~^ CO,~rY'~,_~cti C~'. ~~s~ 13 rZb'" Zf ~ S-ti a~~E~~ C= ~' 14 i ~ ,5 ~~~. ~ u (~~~ ~~~ jai ~ ~N F~Zi~ ~ ~~ z. 17 ~ ~~~ ~~ ~~~ ~a~>; ~ ~~o~~~ ~f I~~~ i8 (~ 19 2D 21 22 23 24 ~~~-~~ ~~ S~ / ~~~ ~~ ~< ~~ ~/ S/ ( .. ~r Site Latitude N34 07.330' Longitude W117 31.87T pevation 1312 feet Source: USGS Topographic Quadrangle Norfh P'^Environmentai ®° SITE LOCATION-MAP v s e R v r c e s SCALE IN FEET TOPOGRAPHIC MAP CLIENT: p DRAFTED BY: PROJECT MANAGER: PROJECT NO: Charles Jose h Associates Cal. Coast Homes EJH Tim Hersch E3640 P258 strE LocanoN: Baseline Rd. $ San Carmela Ct. DarE FIGURE: I Rancho Cucamonga, CA 91739 812006 'I P259 - City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Pubfic Resources Code. Project File No.: Victoria Community Plan Amendment DRC2006-00447, General Plan Amendment DRC2006-00224, Tentative Tract Map SUBTT18212, and Development Review DRC2006-00730 Public Review Period Closes: August 27, 2008 Project Name: Project Applicant: Charles Joseph Associates Project Location (also see attached map): Located at the northeast corner of Base Line Road and San Carmela Court - APN: 1089-581-01. Project Description: A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation, and change the General Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for 4.70 net acres of land; and subdivide the property into 67 residential condominium units; and review the Site Plan and design for 67 residential condominiums in the proposed Medium Residential District (8-14 dwelling units per acre). FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. Auaust 27. 2008 Date of Determination Adopted By w l , ENVIRONMENTAL - INFORMATION FORM (Part I -Initial Study) City of Rancho Cucamonga (Please type or print clearly using ink. Use the tab key to move from one line to the next Iine.J Planning Division (909)477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuantto City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is .important that the information requested in this application be provided. in full. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please notethatitistheresponsibilityoftheapplicantfoensun=that the application is complete at the Time of submittal; City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: DRC 2006-00730 Project Title: The Vineyards at Victoria Park Place Name & Address of project owner(s): Cal-Coast Homes (Baseline-Victoria Partners LLC) 1450 W. Redondo Beach Blvd Gardena, CA 90247 Name & Address of developer orproject sponsor.' Cal-Coast Homes 1450 W. Redondo Beach Blvd Gardena, CA 90247 Contact Person & Address: Chuck Buquet - Charles Joseph Associates, 16081 Foothill Blvd Suite 395 Rancho Cucamonga, CA 91730 Narne & Address of person preparing this form (if different from above): Chuck Buquet - Charles Joseph Associates, 16081 Foothill Blvd Suite 395 Rancho Cucamonga, CA 91730 P260 r `/ ~ i ~ ~ ® Page 1 of 9 Created on 8121!2006 10:44:00 AM P261 '1) Provide a full scale (8-1/2 x 71) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundahes. 2) Provide a set of color photographs that show representative views into the site /rom the north, south, east and west; views into and from the site from the primary access points that serve the site; and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): Northwest Corner of Victoria Loop and Baseline Road 4) Assessor's Parcel Numbers (attach additional sheet if necessary): APN 1089-581-02 and 1089-581-03 'S) Gross Site Area (ac/sq. ft.): 6.00 '6) Net Site Area (total site size minus area of public streets 8 proposed dedications): 4.70 and 1.30 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): See attached justification for General Plan Amendment and Development District Amendment. 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: Land Use Amendment 9) Deschbe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Deschbe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information (i.e., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): Vacant land, generally sloping to the south, no trees, nor structures. hydrology study is attached to the application submittal. There are no known historical resources at this site. There is an existing fire access road that goes though the site on the west boundary connecting to baseline from apartments to the north. Initial Study DRC Aug2006.doc Page 2 of 9 Created on 8127!2006 10:44:00 AM Information indicated by an asterisk (") is not required ofnon-construction CUP's unless otherwise requested by staff. P262 10) Describe the known cultural and/or historical aspects of the site. Cite atl sources of information (books, published reports and oral history). , There are no known historical aspects of this 11) Describe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Existing road way noise from baseline and should have no major impact on use. See attached noise study. 12) Deschbe the proposed project in detail. This should provide an adequate description o(the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent o/ development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if necessary: The proposed project is to develop 67 condo units, pool and bathroom facility and several open space amenity areas. We will be deleting excess portions of an existing parking lot on our site. Initial Study DRC Aug2006.doc Page 3 0(9 Created on 8/21/2006 10:44:00 AM P263 13) Deschbe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of Land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.) and scale of development (height, frontage, setback, rear yard, etc.): North -Existinq Medium Hiqh Residential Condos South -Baseline Road and existing winery facility East -Existinq small retail center West -Existinq Single Familv Residential 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the project? This project will enhance and be compatable with existing development. See justification statement 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on-site uses. What methods of soundproofing are proposed? General Construction noise, long term plexiglass barriers will be used to mitigate private open space '16) Indicate proposed removals and/or replacements of mature or scenic trees: None existing trees are proposed to remain. 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: None Initial Study DRC Aug2006.doc Pane 4 of 4 Created on 8!2112006 10:44:00 AM P264 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further cladfication, please contact the Cucamonga County Water District at 987-2591. a. Residential (gal/day) 16.400.00 Peak use (gal/Day) 32.800.00 b. Commercial/Ind. (gal/day/ac) 0.00 Peak use (gal/min/ac) 19) Indicate proposed method of sewage disposal. ^ Septic Tank ^ Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For (urther clarification, please contact the Cucamonga County Water Distdct at 987-2591. a. Residential (gal/day) 16.400.00 b. Commercial/Industrial (gal/day/ac) RESIDENTIAL PROJECTS: 20J Number of residential units: 67 Detached (indicate range of paroel sizes, minimum lot size and maximum lot size: Attached Attached (indicate whether units are rental or for sale units): For Sale Product, see below. 21) Anticipated range of sale prices and/or rents: Sale Price(s) 5410.000.00 to 5550.000.00 Renf (per month) 50.00 to 5 22) Specify number of bedrooms by unit type: Unit Plan A - 20 -2 bedrooms 2 bath 1372 sf Unit Plan B - 7 - 3 bedrooms 2.5 bath 1416 sf Unit Plan C - 20- 3 bedrooms 3. bath 1457 sf Plan D - 20- 3 bedrooms 2.5 bath 1523 sf 23) Indicate anticipated household size by unit type: See above Initial Study Updated April OB.doc Page 5 of 9 Created on 4I11I2008 9:33:00 AM P265 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: 13 b. Junior High: 9 c. Senior High 7 COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses: N/A 26) Total floor area of commercial, industhal, or institutional uses by type: N/A 27J Indicate hours of operation: N/A 28) Numberofemployees: Total: 0 Maximum Shift: 0 Time of Maximum Shift: 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication of the rate of hire for each classification (attach additional sheet if necessary): To be determined bvfuture commerical 30) Estimation of the number of workers to be hired that currently reside in fhe City: T B D '31) For commercial and industrial uses only, indicate the source, type and amount o/air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283): TBD with future commerical project filing. Initial Study Updated April 08.doc Paoe 6 of 9 Created on 4/1112008 9:33:00 AM P266 ALL PROJECTS 32J Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? 1/ so, please indicate their response. All agencies contacted have indicated their ability to provide services to the project. 33J In the known history of this property, has there been any use, storage, or discharge ofhazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if known. None. 34) lMll the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. None. I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best ofmy ability, that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: 4f 14/08 Signature: ~` Title: Chuck Buquet Charles Joseph Associates Initial Study DRC Aug2DO6.doc Page 7 of 9 Created on 821/2006 10:44:00 AM P267 Water Usage Average use per day Residential Single Family Apt/Condo ATTACHMENT A Commercial/Industrial General and Regional Commercial Neighborhood Commercial General Industrial Industrial Park Peak Usage For all uses Average use x 2.0 Sewer Flows Residential Single Family Apt/Condos Commercial/Industrial General Commercial Neighborhood Commercial General Industrial Heavy Industrial Source: Cucamonga County Water District Master Plan, 6/00 600 gal/day 400 gal/day 3,000 gal/day/ac 1,500 gal/day/ac 2,500 gal/day/ac 3,000 gaUday/ac 270 gal/day 200 gal/day 2,000 gal/day/ac 1,000 gal/day/ac 1,500 gal/day/ac 3,000 gal/day/ac Initial Study DRC Aug2006.doc p=~= a ~r 4 Created on 6121!2006 10:44:00 AM P268 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909)987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909)987-8942 Etiwanda 5959 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909)899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909)988-8511 Initial Study DRC Aug2006.doc Page 9 of 9 Created on 6/2112006 10:44.00 AM P269 BACKGROUND Project Files: City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART it ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.79 acres of land, located at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-Ot. Related files: General Plan Amendment DRC2006.00224, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Ccuncil for final action. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2006-00224 - CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the General Plan land use designation from Neighborhood Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.79 acres of land, located at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: Victoria Community Plan Amendment DRC2006-00447, Tentative Tract Map SUBTT16212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18212 - CHARLES JOSEPH ASSOCIATES - A request to subdivide 4.79 acres of land into 67 residential condominium units in the proposed Medium Residential District (8-14 dwelling units per acre), located at the northwest corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: General Plan Amendment DRC2D06-00224, Victoria Community Plan Amendment DRC2006-00447, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES -Site Plan and design review for 67 residential condominiums on 4.79 acres of land in the proposed Medium Residential District (8-14 dwelling units per acre), located at the northeast corner of Base Line Road and San Carmela Court -APN: 1089-581-01. Related files: Victoria Community Plan Amendment DRC2006 00447, General Plan Amendment DRC2006-00224, Tentative Tract Map SUBTT18212, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. 2. Related Files: Tree Removal Permit DRC2007-00081. 3. Description of Project: The applicant is proposing to develop 67 market rate condominium units on approximately 4.79 acres of undeveloped land located at the northeast corner of Base Line Road and San Carmela Court (north and west of the existing Victoria Village retail center). The proposed name of the development is The Vineyards at Victoria Park Place. P270 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PLACE Page 2 The new units will be grouped in 3- and 4-plex buildings. The project offers 20 two-bedroom and 47three-bedroom units that range in size from 1,400 to 1,600 square feet, and have attached two-car garages. Eighteen visitor parking spaces are provided (17 required) which are distributed around the site. Recreational amenities are also provided around the site including a pool, spa, and pocket park with BBQs. Primary access to the project site will be from a gated entrance at Atwood Court (off Victoria Park Place), with emergency fire department access off San Carmela Court. The property has a gradual slope to the southwest and contains no significant vegetation, except for trees along the south and west sides of the existing parking area on the site. Along the eastern frontage of the site along Victoria Parkway is an existing grove of trees that is within the public right-of-way and will be retained. An application for Tree Removal Permit DRC2007-00081 has been submitted to remove approximately 10 trees which are located generally on the west boundary of the subject site. Proposed Change to Land Use Designations To facilitate the development of the proposed project, the underlying General Plan and Victoria Community Plan land use designations will need to be changed from commercial to residential as depicted in the following table. . ... -~ ~ - - ~.:P,.lan ,. -`_ >--::iEwstrn ',Desr nation; °~ - -Pro-osedlQesr natron xr~': General plan Neighborhood Commercial Medium Residential 8-14 dwellin units er acre Victoria Community Plan Village Commercial Medium Residential 8-14 dwellin units er acre Tentative Tract Map for Condominiums As required by State law and local ordinance, a tentative tract map has been submitted to create the proposed 67 condominium units on Lot 1, and leave the vacant land and existing commercial parking lot on Lot 2. As with all projects in the community, the condominium project will be subject to the City's DevelopmenUDesign review process to ensure that the project is consistent with all applicable guidelines, standards, and ordinances. 4. Project Sponsor's Name and Address: Charles Joseph Associates for Baseline Victoria Park Partners LLC 10681 Foothill Boulevard, Suite 395 Rancho Cucamonga, CA 91730 5. General Plan Designation: Presently, the General Plan land use designation for the site is Neighborhood Commercial. The proposed General Plan amendment is to change the existing land use designation to Medium Residential (8-14 dwelling units per acre). 6. Zoning: Presently, the Victoria Community Plan land use designation for the site is Village Commercial. The proposed Victoria Community Plan amendment is to change the existing land use designation to Medium Residential (8-14 dwelling units per acre). 7. Surrounding Land Uses and Setting: The project site is a vacant, "puzzle piece" shaped parcel that is surrounded by existing single-family residential development to the west and east, condominiums to the north, and a small commercial retail center to the immediate south. Further south across Base Line Road is the Filippi Winery. P271 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PLACE Page 2 The new units will be grouped in 3- and 4-plex buildings. The project offers 20 two-bedroom and 47 three-bedroom units that range in size from 1,400 to 1,600 square feet, and have attached two-car garages. Eighteen visitor parking spaces are provided (17 required) which are distributed around the site. Recreational amenities are also provided around the site including a pool, spa, and pocket park with BBQs. Primary access to the project site will be from a gated entrance at Atwood Court (off Victoria Park Place), with emergency fire department access off San Carmela Court. The property has a gradual slope to the southwest and contains no significant vegetation, except for trees along the south and west sides of the existing parking area on the site. Along the eastern frontage of the site along Victoria Parkway is an existing grove of trees that is within the public right-of-way and will be retained. An application for Tree Removal Permit DRC2007-00081 has been submitted to remove approximately 10 trees which are located generally on the west boundary of the subject site. Proposed Change to Land Use Designations To facilitate the development of the proposed project, the underlying General Plan and Victoria Community Plan land use designations will need to be changed from commercial to residential as depicted in the following table. ~ . . ... . . - . . . .,,, -. ..x: „-:''plan"~ °~ ~~~Eiiistin'/Desr nation: .._ a. , _ .. -°.. `. Pro osed:Desi~netion .;'-. General plan Neighborhood Commercial Medium Residential 8-14 dwellin units er acre Victoria Community Plan Village Commercial Medium Residential 8-14 dwellin units er acre Tentative Tract Map for Condominiums As required by State law and local ordinance, a tentative tract map has been submitted to create the proposed 67 condominium units. As with all projects in the community, the condominium project will be subject to the City's Development/Design review process to ensure that the project is consistent with all applicable guidelines, standards, and ordinances. 4. Project Sponsor's Name and Address: Charles Joseph Associates for Baseline Victoria Park Partners LLC 10681 Foothill Boulevard, Suite 395 Rancho Cucamonga, CA 91730 5. General Plan Designation: Presently, the General Plan land use designation for the site is Neighborhood Commercial. The proposed General Plan amendment is to change the existing land use designation to Medium Residential (8-14 dwelling units per acre). 6. Zoning: Presently, the Victoria Community Plan land use designation for the site is Village Commercial. The proposed Victoria Community Plan amendment is to change the existing land use designation to Medium Residential (8-14 dwelling units per acre). 7. Surrounding Land Uses and Setting: The project site is a vacant, "puzzle piece" shaped parcel that is surrounded by existing single-family residential development to the west and east, condominiums to the north, and a small commercial retail center to the immediate south. Further south across Base Line Road is the Filippi Winery. P272 Initial Study for DRC2006-00730 -THE VINEYARDS AT VICTORIA PLACE 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Steve Fowler Assistant Planner (909)477-2750 City of Rancho Cucamonga Paoe 3 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. GLOSSARY -The following abbreviations are used in this report CVW D -Cucamonga Valley W ater District EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM,o -Fine Particulate Matter RWOCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District SW PPP -Storm Water Pollution Prevention Plan URBEMIS7G -Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED' The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less-Than-Significant-Impact" as indicated by the checklist on the following pages. () Aesthetics ()Agricultural Resources (/) qtr Quality ()Biological Resources (/) Cultural Resources (/) Geology & Soils ()Hazards & Waste Materials (/) Hydrology & Water Quality ()Land Use & Planning ()Mineral Resources (/) Noise ()Population & Housing () Public Services ()Recreation () Transportation/Traffic ()Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (/) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A M TIGATED NEGATIVE DECLARATION will be prepared. Prepared By: Date: __ ~'3D•O ~' Reviewed By: ~~r(/!/~// l Date: ? _~~^6~ P273 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 4 Less Tian Significant Less Issues and Su ortin Information Sources: PP g aple",tally Sipnilicant with Mdigation Tdan Significant No Impact InCprpeteted Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? () () () (/) b) Substantially damage scenic resources, including, but not () () () (/) limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or () () () (/) quality of the site and its surroundings? d) Create a new source of substantial light or glare, which () () (/) ( ) would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Exhibit III-15. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The project site is a vacant, "puzzle piece" shaped parcel that is surrounded by existing single-family residential development to the west and east, condominiums to the north, and a small commercial retail center to the immediate south. The design of the project is based on the Spanish Colonial/Mediterranean architectural style, and features clay file hip roofs and recessed windows and doors, decorative tile, and ornamental iron work. The exterior walls will be clad in smooth texture stucco typically associated with the proposed style. Design review is required prior to final approval. The City standards require the developer to underground the existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and residential lighting sources typical of a residential setting. The design and placement of light fixtures will be shown on Site Plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project a) Convert Prime Farmland, Unique Farmland, or Farmland O O O (/) of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a () () () (/) Williamson Act contract? c) Involve other changes in the existing environment, which, () () () (/) because of their location or nature, could result in conversion of Farmland, to non-agricultural use? Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 5 Less Than signiticam Less Issues and Su ortin Information Sources: PP 9 Pmenraoy signircan, wah Mnlgar°n Tnan s~gmn°a", N° Imoad Incur oratetl Impact Impact Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, rariging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) No agriculturally zoned land is within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The undeveloped project site is surrounded by residential and commercial uses. The nearest agricultural use is an extant grape vineyard across Base Line Road at the Filippi Winery. The winery and vineyard are fully separated from the project site and will not be adversely impacted by the new condominium development. Therefore, no adverse impacts are anticipated. 3. AIR DUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable () () () (/) air quality plan? b) Violate any air quality standard or contribute substantially () (/) () ( ) to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any () () () (/) criteria pollutant for which the project region is non- attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () (/) () ( ) concentrations? e) Create objectionable odors affecting a substantial number () () () (/) of people? Comments: a) As noted in the General Plan FEIR (Section 5.6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated: b) Construction is an on-going industry in the Rancho Cucamonga area. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust will be generated during grading and construction activities. While most of the P274 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 6 less Than Significam Less Issues and Su ortin Information Sources: PP g Fotenrauv Significant wan Mitigation Than Significant No Impact Incor oratetl Impact Im ad dust will settle on or near the project site, smaller particles would also remain in the atmosphere, increasing particle levels within the surrounding area. Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis. Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Duality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. P275 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 7 Less Tnen Sipnificam Less Issues and Su ortin Information Sources: PP g apiamiallr Significant wan Mitipavon Tnan Slpnificam No Impact IOpotporatetl Impel Impact 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWDCB]) daily to reduce PM,p emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RW~CB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,p emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon on the Urban Emissions Model (URBEMIS7G) model estimates in Table 5.6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Fine Particulate Matter (PM,o) would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 5.6-4 of the General PIan.FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures shall be implemented: 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. c) As noted in the General Plan FEIR (Section 5.6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they P276 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 8 Less Than Sipnilicant Less Issues and Su ortin Information Sources: PP g Fn~anuany Significant With Mitigecion Than Significant No Innen Incomoratad Inv~act Imoatl are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site adjoins residences and is located approximately 1/2 mile west from the Grapeland Elementary School on Etiwanda Avenue, and a 1/2 mile south of Windrows Elementary and Windrows Park, each a sensitive receptor. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above will reduce impact to less-than-significant levels. e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or () () () (/) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on ripariari habitat or () () (~ (/) other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected () () () (/) wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native O O O (/) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting () () () (/) biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat O O O (/) Conservation Plan, Natural Community conservation i Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in a developed area and is entirely surrounded by residential and commercial development. The site appears to have been previously disturbed by rough grading and partial development of a parking lot on the southeast corner near the retail center. No significant vegetation exists on the majority of the site, except for trees along the west and north boundaries of the existing parking lot on the site (see below). According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. P277 P278 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 9 Less Than Signilicant Lass Issues and Supporting Information Sources: Fc,antiauy Signilicant wnn Mltiga,ign Than Significant No I ad Incorporated I ect Imoect b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The majority of the surrounding area has been developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) The City has a Tree Preservation Ordinance requiring a permit for the removal of any trees from the site. There are approximately 10 extant trees on the site concentrated along the west side of the site. None of the trees are designated as local landmarks. Approximately, 400 new trees will be provided with the new project and distributed around the project site. In accordance with the above ordinance, the applicant has submitted a Tree Removal Permit application to remove the above-mentioned trees to make way for the project. Therefore, the proposed project is not in conflict with any local ordinance. f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance () () () (/) of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance () (/) () ( ) of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological () (/) () ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred () () () (/) outside of formal cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5.11). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. P279 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 10 Less Than Significant Less Issues and Su ortin Information Sources: PP g Pp,entially Signllicant wnn Mitigation Then Significant No IffpaCl nCOfpOlatetl mpaCl rtgaCl • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere of-influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has been disturbed by development. The project site has already been disrupted by construction of a parking lot on a portion of the site, surrounding developments, and probable annual discing for weed abatement. No known Initial Study for City of Rancho Cucamonga DRC2006-00730-THE VINEYARDS AT VICTORIA PARK PLACE Page 11 Less Then Sipnificent Less Issues and Su ortin Information Sources: PP g Fmeniiauy Sipnilicam wan Mitipalion Than Sipnillcam No mOdCt In[orporaf80 Impact rrpad religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Woutd the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated () () () (/) on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? () () () (/) iii) Seismic-related ground failure, including () () () (/) liquefaction? iv) Landslides? () () () (/) b) Result in substantial soil erosion or the loss of topsoil? () (/) () ( ) c) Be located on a geologic unit or soil that is unstable, or () () () (/) that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B () () () (/) of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of () () () (/) septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. The subject site is approximately 3/a miles southeast of the identified Red Hill Fault zone, and approximately 2 miles south of the Cucamonga Fault Zone. These faults are both capable of producing Mw 6.0-7.0 earthquakes. The San Jacinto Fault, capable of producing up to Mw 7.5 earthquakes, is approximately 11 miles northeasterly of the site and the San Andreas Fault, capable of up to Mw 8.2 earthquakes, is approximately 16 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. P280 Initial Study for City of Rancho Cucamonga P281 DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 12 Less Tnan $Ipry(ICanl LC54 Issues and Su ortin Information Sources: PP g Pp+en,lany Significant wan Maipatipn rnan sipnilicent No Impact Incomoratatl Impact Impact b) The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM+u emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~p emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM+p emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer. The project will not withdraw water directly from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soil types on-site consist of Tujunga Gravelly Loamy Sand Soil association according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga Gravelly Loamy Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5.1-3. These soils are typically considered rapidly permeable with slow to very slow runoff and slight erosion hazard. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed for the project. 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the () () () (/) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the O O O (/) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 13 Less Than SiBnilicent Less Issues and Su ortin Information Sources: PP 9 PManuauy sionnipan, wish Maroaupn man si0nlnpan, Np Impact Incorporateo Impact Impact d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, O O O (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would () () () (/) the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an () () () (/) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, () () () (/) injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) The project does not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials andlor waste will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are expected. b) The proposed residential project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are anticipated. c) Grapeland Elementary School is located approximately 1/2 mile directly east on Etiwanda Avenue, and approximately 1/2 mile to the north is Windrows Elementary and Windrows Park. The construction of residential units on the subject site will not create objectionable odors to these identified uses. No adverse impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. P282 P283 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Paqe 14 Less Tnan $ignilicenl less Issues and Su ortin Information Sources: PP g Potentially $ipnilicant wim Mitipaaon rnan $ipnilicant No Impact Incorooraietl Irrpatl I ad e) The site is not located within an Airport Land Use Plan and is approximately 4 1/2 miles northwest of the Ontario International Airport, and offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge () (/) () ( ) requirements? b) Substantially deplete groundwater supplies or interfere () () () (/) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site () () () (/) or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site () () () (/) or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surtace runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the () () () (/) capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () (/) () ( ) g) Place housing within a 100-year flood hazard area as () () () (/) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that () () () (/) would impede or redirect flood flows? Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 15 Less Than SignificaN Less Issues and Supporting Information Sources: 'D(EnliauY Slgnificanf wah Mitigation Than Significant No Impact ncDlDOlafatl mpdCl mDdCI i) Expose people or structures to a significant risk of loss, () () () (/) injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? () () () (/) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to the existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) Permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES Permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction Permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (N01) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires a NPDES permit. Construction project proponents are required to prepare a SWPPP. To comply with the NPDES, the project construction contractor will be required to prepare a SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by R.T. Quinn & Associates (May 14, 2008), that identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads, and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans and various business plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic parking lot sweeping, can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would be required to control additional storm water effluent: P284 P285 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 16 Lass Tnen Significam Less Issues and Su ortin Information Sources: Doran,ially wnn rnan pp g Significant Mitigation Significam No Impact Incorporated ImpaCr Impact Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval a Storm Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational.' 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WOMP) prepared by R.T. Ouinn & Associates (May 14, 2006) to reduce pbllutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVW D, 43 percent of the City's water is currently provided from the groundwater in the Cucamonga and Chino Basins. CVWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surtace. As noted in the General Plan FEIR (Section 5.9), continued development citywide will increase water needs and is a significant impact; however, CVWD has plans to meet this increased need through the construction of future waterfacilities. Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 17 Less Then Signiticam Less Issues and Su ortin Information Sources: PP g Pptanrauv Significant with Mitigation man Slpnilicant No Impen Incoroprated Impact Impact c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to the issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to the issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to the issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surtace flows during a concurrent storm event, thus resulting in surtace water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the NPDES to minimize water pollution. The following mitigation measures shall be implemented: 7) Prior to the issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, including a project description and identifying BMPs, that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WOMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to the issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. P286 h) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. P287 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 18 Less Then Significant Less Issues and Su ortin Information Sources: PP g i=menuanv Significant wnh Mitigation Tnan Slgnilicam No Impact pCOlpOldtetl Impact rtlpatl The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. There are no oceans, lakes, or reservoirs near the project site; therefore, impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City and spreading grounds both within and north of the City. 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () (/) ( ) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or () () () (/) natural community conservation plan? Comments: a) The project will not divide an established community. The project site is surrounded on three sides by single-family residences and 2-story condominiums. The project will complete the development of the existing area in a manner that is consistent and compatible with the development of the surrounding area. No adverse impacts are anticipated. b) With the proposed land use amendments to the General Plan and Victoria Community Plan, the development of the site will be consistent with City land use policies and regulations. The proposed Medium (M) density range of 8-14 units per acre will be the appropriate transition density between the higher Medium-High density of condominium complex to the north and the Low-Medium (LM) density level of the single-family development to the east and west of the site. Moreover, the proposed project will not interfere with any policies for environmental protection. As such, no significant impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 19 Less Than S gnilicam Less Issues and Supporting Information Sources: Pc~amially Significant wim Mitiga~ign man Significant Ng i n10aM ncoryOfalaO TpdLt n'paCt 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () () () (/) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important () () () (/) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site; therefore, there is no impact. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in () (/) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () () (/) ( ) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels () () () (/) in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient () (/) () ( ) noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would () () () (/) the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is not within an area of noise levels exceeding City standards as indicated by General Plan Exhibit V-13 at build-out. However, the southwest portion of the site fronts Base Line Road, a major east-west arterial. According to the Noise Impact Analysis (LSA Associates, Inc., August 2006) prepared for the project, the primary noise sources impacting the project site is traffic on Base Line Road, Victoria Park Lane, and San Carmela Court. The Noise Analysis identifies the units in the buildings adjacent to Base Line Road and San Carmela Court as the most likely to be impacted by traffic noise conditions. In order to meet the City noise standards and reduce exterior and interior noise levels to less-than-significant levels for these impacted units, the Noise Impact Analysis recommends use of a solid block walls along the perimeter of the site and exposed balconies. The P288 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 20 Less Than 5ipnificent Lass Issues and Su ortin Information Sources: PP g Polantiaoy 5ipnilicam wuh Milipaaon Than Significant No IT°aq InceN°rd~etl Impap I"oad mitigation measure below is intended to ensure that the applicant incorporates the recommendations of the noise analysis prepared for the project: 1) Prior to the issuance of building permits, the applicant shall submit to the Planning Director and Building Official for review and approval building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on-file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. b) The uses associated with this type of project normally do not induce ground borne vibrations. No significant impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed residential development will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The General Plan FEIR (Section 5.7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 2) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to pertorm weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measure shall then be required: 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. P289 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 21 sae:man Significant Less Issues and Supporting Information Sources: Fotenaaiy wnn rnan SipnilicaM Milipa~ion Sipnillcam No Im act Incory(>ra,etl Imoac, ImpaCl e) The site is not located within an Airport Land Use Plan and is approximately 4 1/2 miles northwest of the Ontario International Airport, and offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of .the City's westerly limits. No impact is anticipated. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either () () () (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the () () () (/) construction of replacement housing elsewhere? Comments: a) The project will result in the development of 67 housing units on the subject site and a moderate increase in the local resident population. However, the density level proposed with this project allpws for a compatible transition level between the higher density level of the adjacent condominium complex and the lower density level of the single-family development to the east and west. No significant impacts are anticipated. b) The project will not result in the displacement of any existing housing units. The site is vacant and is currently zoned for commercial development. The development of additional housing units on the site poses no adverse impact to housing within the City. c) The majority of the site is undeveloped. No significant impacts are anticipated. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () (/) ( ) b) Police protection? () () () (/) c) Schools? () () () (/) d) Parks? () () () (/) e) Other public facilities? () () () (/) Comments: P290 a) The site will be served by Fire Station 173 located approximately 1/2 mile west of the project site on Day Creek Boulevard. All new units will be constructed in accordance with standard conditions of approval from the Uniform Building and Fire Codes. P291 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 22 Less Than Sipnilicant Less Issues and Su ortin Information Sources: PP g Pptanaanv Signillparv w¢h Mitigation roan Significant No mpatl Incp pralatl mpaet Impact b) Police protection and routine patrols of the site and surrounding areas is provided by the Rancho Cucamonga substation of the San Bernardino County Sheriff's Department. The eventual construction of new housing units on the subject site will not change the pattern of uses within the surrounding area and will not have an adverse impact on patrols by the department. c) The Etiwanda and Chaffey Joint Union High School Districts serve the area in which the project is located. A standard condition of approval will require the developer to pay the School Impact Fees. With this standard mitigation, impacts to the school districts are not considered significant. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is Windrows Park, located approximately 1/2 mile north of the project site on Victoria Park Lane. In addition, Victoria Arbors Park is located south of Base Line Road approximately 1/2 mile to the south. In addition, the project will provide on-site recreational amenities such as pool and open space areas to meet the immediate recreational needs of the residents in the new condominiums. Active recreational opportunities, including organized sports programs, are also offered by the City or by its affiliates. Finally, as a standard condition of approval, the developer will also be required to pay Park Development Fees. Thus, no significant impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City has opened a new library (2006) within the Victoria Gardens regional shopping center adding approximately 23,000 square feet, which exceeds the projected need of 15,500 square feet at City build-out. The Victoria Gardens library is approximately 1 mile south of the site. No significant impacts are anticipated. 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional () () () (/) parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require () () () (/) the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is In a developed area, currently served by the City of Rancho Cucamonga. The nearest parks are Windrows Park and Victoria Arbors Park, located approximately 1/2 mile from the project site. Although, the development of 67 condominium units will result in a slight potential for increased use of public parks or other recreational facilities within the City, the project will not adversely impact parks or recreational facilities. In addition, the project Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Paqe 23 Less Then Significant Less Issues and Su ortin Information Sources: PP g Pptanttanr Sipni~icant With Mitigation Than Significant No Irroact In<ptporatetl Impad Impact will provide on-site recreational amenities that will directly benefit the residents of the new apartments. As indicated above, a standard condition of approval will require the developer to pay Park Development Fees for the new units and help off-set the costs of on-going park improvements in the City. No impacts are anticipated. b) See a) response above. 15. TRANSPORTATION/TRAFFIC. Would fhe project: a) Cause an increase in traffic, which is substantial in () () () (/) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of () () () (/) service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either () () () (/) an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards because of a design () () () (/) feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? () () () (/) f) Result in inadequate parking capacity? () () () (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: a) As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the Rancho Cucamonga area. As part of the project, the developer of the apartments will also be required to install street improvements (e.g., curb, gutter, and sidewalk) adjacent to the project that will improve roadway conditions. Based on the Rancho Cucamonga Traffic Model, the estimated traffic generation rate expected from the proposed condominium project is calculated at 393 Average Daily Trips (ADT). According to the Traffic Engineering Department, when traffic from the condominiums is added to existing traffic on adjacent streets and intersections (Atwood Street, Victoria Park Lane, and Base Line Road) they will continue to operate at an acceptable level of service. As such, the proposed project will be consistent with the General Plan for which the FEIR was prepared and impacts evaluated and not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at nearby intersections. Finally, the project is subject to the Transportation Development Fee that must be paid by the applicant prior to the issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. Therefore, no impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each condominium unit will generate an average of 0.56 two-way peak hour trips daily. As such, the total trips generated for all 67 condominiums will be 37.52 two-way peak hour trips, which is less than 250 two-way peak hour trips for non-retail uses; therefore, is below the threshold of the San Bernardino P292 Initial Study for City of Rancho Cucamonga P293 DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 24 Less Then SipniGCam Less Issues and Su ortin Information Sources: PP g Ppienual~y Significant wnh Mitigation rnan Sipnilicant No IRpa'..'I InCONOfatetl rt1paLY lllpeCt Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis. The project site is in an area that is largely developed with all street improvements. According to the Traffic Engineering Department, the project will not negatively impact the LOS standards on adjacent arterials. No impacts are anticipated. c) Located approximately 4 1/2 miles north of the Ontario International Airport, the site is offset from the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is steadily being developed. As a part of the project, new street improvements (e.g., roadway, curb, gutter, and sidewalk) along adjacent streets will be required. The project design does not include any sharp curves, dangerous intersections, or farming uses that would present a conflict or hazard with the proposed changes in the land use designation and subsequent development of apartments on a portion of the overall site. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access. Primary access to the new condominium units will be from Atwood Court. Only emergency (fire and police) access will be permitted from San Carmela Court. No impacts are anticipated. The project will have adequate on-site parking in compliance with standards of the Rancho Cucamonga Developmerit Code and will, therefore, not create an inadequate parking capacity. Each unit is provided with an attached 2-car garage. In addition, 18 visitor parking spaces are included, which is one more than required by the development code. No significant impacts are anticipated. g) The project does not conflict or impede adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.). The project will be conditioned to provide features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the () () () (/) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or () () () (/) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water O O O (/) drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the () () () (/) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 25 Less Than Significam Less Issues and Supporting Information Sources: Pp+an+iauy Significant wim Mltiga~ion Tban Significam No Impact Incprporatetl Impact Imoac~ f) Be served by a landfill with sufficient permitted capacity to () () () (/) accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and O O O (/) regulations related to solid waste? Comments: a) The proposed project is served by the CVW D sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within the City of Ontario, neither of which are at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to the issuance of grading permits. The impact is not considered significant. d) The project is served by the CVW D water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within the City of Ontario, neither of which are at capacity. No impacts are anticipatpd. Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality O O O (/) of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually () () () (/) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with P294 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 26 less Tnan Significant Less Issues and Su ortin Information Sources: PP g Potanoally Significant wnn Mitipa6on Tnan Sipnilicam No Impact Incoroo2tetl Inpatl Impecl the effects of oast projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () () () (/) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly ahd conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) Development of the site will not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact; proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. P295 P296 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 27 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Department offices, 10500 Civic Center Drive (check all that apply): (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. V~ Applicant's Signature: Date: ~ ~ ~/~~ Print Name and Title: ~~~~ h'~iC 1~~%J~C~'~~ f'7~ S OC rc;~T ~~r~/ TSc9~ ~Scr.~~ P297 RESOLUTION NO. 08-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDfNG APPROVAL OF GENERAL PLAN AMENDMENT DRC2006-00224, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) DESIGNATION FOR APPROXIMATELY 4.79 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-581-01. A. Recitals. 1. Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application DRC2006-00224, requesting a change to the General Plan land use designation, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 27th day of August 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upoh the substantial evidence presented to this Commission during the above-referenced public hearing on August 27, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property within the City; and b. The proposed amendment will not have a significant impact on the environment; and c.. The proposed land use amendment is consistent with the goals of the Land Use Element of the Rancho Cucamonga General Plan, in that the proposed land use change from commercial to residential will allow development of the long vacant commercially zoned site with new residential development that is compatible with the surrounding residential development. Moreover, the density of the proposed Medium Residential (8-14 dwelling units/acre) land use designation for the site will provide a natural transition between the Medium-High density (14-24 dwelling units/acre) level of the condominium project to the north and the Low-Medium density level of the single-family development to the east and west of the site. Finally, the development of medium density residential development on the subject site will help to reinforce the base residential population necessary to support local commercial uses in the immediate area such as the adjacent commercial center, the Filippi Winery, the Winery Estates Marketplace, and Victoria Gardens. PLANNING COMMISSION RESOLUTION N0. 08-38 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES August 27, 2007 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed land use amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area; and b. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The proposed amendment is in conformance with the General Plan 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends that the City Council adopt a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and fnds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of-the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusion set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment DRC2006-00224, as shown in the attached Exhibit A. P298 PLANNING COMMISSION RESOLUTION NO. 08-38 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES August 27, 2007 Page 3 Environmental Mitioation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets accordirig to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. P299 PLANNING COMMISSION RESOLUTION NO. 08-38 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES August 27, 2007 Page 4 • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for . 96 hours or more to reduce PM~o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed P300 PLANNING COMMISSION RESOLUTION NO. 08-38 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES August 27, 2007 Page 5 mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of .fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWOCB) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 26 mph to minimize PM,o emissions from the site during such episodes. P301 4) Chemical soil-stabilizers (approved by SCAQMD and RWOCB) shall be applied to all inactive construction areas that remain inactive for PLANNING COMMISSION RESOLUTION N0. 08-38 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES August 27, 2007 Page 6 96 hours or more to reduce PM,o emissions Hydrology 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspectiori and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by R.T. Quinn & Associates, (May 14, 2008) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New P302 PLANNING COMMISSION RESOLUTION N0. OB-36 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES August 27, 2007 Page 7 Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical .engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase. 5) Haul truck deliveries on weekdays shall not take place between the hours of 6:00 p.m. and 6:30 a.m. including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. P303 P304 PLANNING COMMISSION RESOLUTION NO. OS-38 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES August 27, 2007 Page 8 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ~~ ATTEST: ames R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho . Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of August 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE +1T1 ~_ f~ ~S W c~ o~ ob III. DEVELOPING THE COMMUNITY TABLE 111-2A LAND USE PLAN STATISTICAL SUMMARY-RESIDENTIAL DESIGNATIONS CITY AREA SPHERE OF INFLUENCE TOTALS Target DUs Target DUs (Probable (Probable Total Percent Lantl Use Density Dwelling Level of ' Dwellioq Level o! iofal Dwelling Total o! Total Desi nations Factor Acrea a Units Develo men( Acrea a Units Develo men(' Acrea a Units Tar of DUS Acrea e RESIDENTIAL DESIG NATIONS . ` "= a ',' ~ ,,., r. i' , ~ F{illside (.1-2 1.29 127 13-254 164 697 70-1,394 899 824 83-1,648 1,063 3 du/ac) Very Low (.1-2 1.29 3,979 398-7,958 5,133 620 62-1,240 820 4,600 460-9,198 5,953 14 du/ac Low 2-4 du/ac) 3.25 4,148 8,282-16,592 13,481 33 66-132 107 4,181 6,348-16,724 13,588 13 Low Medium (4- 6.5 2,042 8,168-16,336 13,273 2,042 8,168-16,336 13,273 6 8 du/ac) Medium (8-14 11.75 ~-7~3G 5.888-10,304 -B,E>t8 736 5,888-10,304 -8-;6<B 2 du/ac YI s7o7 7cll 07 Medium High 20.25 376 5,264-9,024 7,614 376 5,264-9,024 7,614 1 14-24 du/ac h{igtl (24-30 27.75 55 1,320-1,650 1,526 55 1,320-1,650 1.526 .2 du/ac) Mixed Use See 235 3,224-5,134 3,791 235 3,224-5.134 3,791 .7 Tables III- 4 to III-7. Residential Subtotal -Yh,598 32,557- -58638. 1,350 198- 1,826 -1-9789 32,755-70,018 fS456 41~ 1 03 67,252 S36 ¢q 2,766 /3 eS Sy sIS ' 'ihe Uensily Factor is an expression o/ actual development experience in the Cily and represents a level midway between 50 and 75 % of the range. II is used fo calculate target dwelling units. ' Range of dwelling units is the product of upper and lower threshold of density~ntensily range multiplied by the number or acres, and rounded to the nearest whole number. This range is a Uieoretical potential. Some products may occur at or near the top of the range, however, most volt not. ' Taryel density/intensify is the probable level of development based on City experience, except for Mixed Use Residential, which is based primarily on a target density. Mixetl Use allows both residential and non-residential uses. Ta61e III-1 a reflects the residential potential; Table III-1 b indicates non-residential potential. Dwelling unit and square loolaye figures are aggregated from Tables III-4 to III-7. ' Percenlages have been rounded to equal 100. City of Rancho Cucnnronga Cenera! 1'lmr ~C1phL'r /7. 2/)//l Inge Ill-79 Z.~If.ENER.4L PLAMFinn/1001 f.P LP Af¢ver Repnrl. /nr W LJ7 CITY OI% RANCHO CUCAMONCA GENERAL PLAN TABLE 111-2B rATISTICAL SUMMARY- NON-RESIDENTIAL DESIGNATIONS AREA SPHERE OFINFLUENCE TOTALS Probable Target Square Feel Square Feet Square Feet To[al Square Feet (in Dwelling (in (in Tola/ Target Percent n thousands)' thousands)' Acreaoe Units fhousandslr lhousandsl' Acreaoe DUs of Total NON-RESIDENTIAL °. M +r _;-h~', 1e,l~nm ~-°r ~, , .~:;r t - - - - Olfice .4-1.0 FAR 128 2,230-5,575 2,230 128 4 Neiyhborhood Commercial (.25-.35 .FAR) IG -- 1,819-2,546 1,819 36T IL .5 Commwlity Commercial (.25-.35 FAf2f 109 - 1,187-1,661 1,187 109 .3 General Commercial (.25-.35 FAR) 528 - 5,750-8,050 5,750 57.8 2 Recreation Commercial .25-.35 FAR 9 - 98-137 98 9 .03 Subtotal T 3 G'341 11,084-17 969 11,084 9 L 3 Mixed Use .25-1.0 FAR 682 7,427-29,707 11,883 682 2 Subtotal 682 7,427-29,707 11,883 682 2 Industrial Park (4- 6 FAR) Haven Overla .4-1.0 FAR 657 198 -- 11,448-17,171 3,450-8,625 11,448 3,450 855 3 General Industrial .5-.6 FAR 2,O1G - 43,906-52,690 43,908 2,016 6 Heav Industrial .4-.5 f-AR 904 15,751-19,669 15,751 904 3 Subtotal 3,775 74 557-98,175 74,557 3,775 12 Oper1 Space 0-.1 dulac 491 NA NA NA 2,512 0-158 3,003 158 10 Conservation 86 NA NA 1,262 1,348 4 Flood Control/Utility Corridor 1,705 NA NA 1,928 3,633 11 Subtotal 2,282 5 702 7,961 25 CiviUReyional .4-1.0 FAR 166 2,892-7,231 2,892 166 .5 Comnwnily Colle e .1-.2 FAR 191 832-1,664 832 191 .6 Elernenla School .1-.2 PAR 169 736-1,472 736 169 .5 Fliyh School .1-.2 FAR) 118 - 514-1,028 514 118 4 Junior lilgh School (.1-.2 FAR 131 571-1,147 671 131 .4 Park 371 NA NA 371 I Subtotal 1,146 5,545-12,536 5,545 1,146 4 Arterials/Freewa 4,063 NA NA 100 4,613 13 Non-Residential Subtotal 17,88 98,613-158387 103,069 5,802 QL1B;891 59 GRAND TOTAL 24,587 32,557-67,252 98,613-156,387 103,069 7,152 196-2,924 31,739 55,614 100° ' Range of square footage is the product of probable upper and Threshold of intensity range multiplied by the number of acres, and rounded Io the whole number. -73 ° Target intensity is the probable level of development. Non-residential FAR Range: lower number is the probable FAR on average, but in some cases it may be lower. Higher number is the maximum FAR for any specific project. ° Mixed Use allows both residential and non-residential uses. Table III-1 a reflects the residential potential; Table III-1 b indicates non-residential potential. Dwelling units, not square footage. Open space is the only non-residential category that permits residential units. Numbers of units are maximum yield based on a large) of 62.5 % of the range. The Open Space designation within the City area is applied only to existing golf courses. Residential potential is therefore consideretl zero. Ynge /I/-211 ~ The Planning Center Z 1GENERAL PLANIFinal 2001 GP LU Mas(er Report.tloc ~C10Iler I ~, 2~~/ W O m III. DEVELOPING THE COMMUNITY TABLE 111-3 EXISTING GENERAL PLAN (AS AMENDED THROUGH OCT06ER 17, 2001) AND 2001 GENERAL PLAN ACREAGE COMPARISON CITY AREA SPHERE OF INFLUENC E TOTALS arld Use Desi nations Existing General Plan r acres 2001 Genera! Plan Land Uses acres Cftange in Acres Existing General Plan r acres 2001 General Plart Land Uses acres Change in Acres Existing General Plan acres 2001 General Plan Land Uses acres Change in Acres RESIDENTIAL '" -- Hillside .1-2 du/ac 135 127 (8) 946 697 249 1,081 824 (257) Very Low Density (.1-2 du/ac) 3,985 3,979 6 604 620 16 4,589 4,600 11 Low Dertsit (2-4 du/ac 3,893 4,148 255 314 33 281 4,207 4,761 (26) Low McUium Density 4-8 du/ac 2,011 2,042 31 2011 2,042 31 Medium Density 8-14 Uu/ac 7pb 736 y -Ipo 7.73 736 39 - Medium Fliyh Densil~ 14-24 du/ac 423 376 47 423 376 (47) Hi h Densil (24-30 du/ac 79 55 24 79 55 (24) Mixed Use 50 235 185 50 235 185 Residential Subtotal 11,35 11,698 3a 2 .24Y 1,864 1,350 514 13,049 l 87 - NON-RESIDENTIAL - ,a 1 '"r. ~ `'X'i' :{"~ 1 ~, r" •t" - Office (4-7.0 FAR 227 128 (99) 227 128 99 Nei hborhood Commercial .25-.35 FAR 11 I -776 167 - 131 178 167 y l(9)~ Community Commercial (.25-.35 FAR) 109 109 0 109 109 0 General Commercial .25-.35 FAR 762 528 234 762 528 (234) Re Tonal Commercial 91 0 97 g1 0 g1 Recreation Commercial .25-.35 FAR 24 9 15 24 9 15 MixeU Use .4-1.0 FAR 158 682 524 158 682 524 Industrial Park .4-.6 FAR Haven Oveda 1.0 940 855 85 940 855 85 General Industrial .5-.6 FAR 2,125 2,016 109 2,125 2,016 109 Heav Industrial 4.5 FAf2 939 904 35 939 904 35 O en 5 ace 0-.1 du/ac 393 491 98 2,837 ~ 2,512 325 3,230 3,003 227 Conservation 0 66 86 0 1,262 1,262 0 1,348 1,348 Flood C'onlrol/Utilil Cunidor 1,486 - 1,705 219 2,847 1,928 919 4,333 3,633 (700) CiviGRe Tonal .n-1.0 FAR 19 166 147 19 166 747 Schools .1-.2 FAR 651 609 42L 23 23 674 609 65 Park 409 371 38 74 74 483 371 (112) Arterials/Freeway 4,161 4,063 98 73 100 27 4,234 4,163 _7( 1~_ Non-Residential Subtotal fLC{.fl 2870 12,689 +xy ,ryl.g 5,854 5,802 52 1&6?4- 18,691 Ill.'167- GRAND TOTAL 24,021 24,587 3/566 7,718 7,752 (566 31,739 31,739 ( 0 Acres rounded-o!f to the nearest whole nurnber. Mixed Use allows both residential and non-residential uses. Table III-ta reflects residential potential and Table III-1b indicates non-residential potential. Cifp of 2ancho Cucamm~grr Genera( Plan Page 17/-Z/ October l7, 200/ z-~ICErcExacPUmf;~,dTanr rrLUUr,,,n~rerP„red„r~ W O V P308 RESOLUTION N0.08-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY AMENDMENT DRC2006-00447, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE DESIGNATION FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 4.79 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT OF - APN: 1089-581-01. A. Recitals. 1. Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application DRC2006-00447, requesting a change to the Victoria Community Plan land use designation, as described in the title of this Resolution. Hereinafter, in this Resolution, the subject amendment is referred to as "the application." 2. On the 27th day of August 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on August 27, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property within the City; and b. The proposed Victoria Community Plan Amendment will not have a significant impact on the environment; and c. The proposed change in the Victoria Community Plan land use designation of the subject site will be consistent with the land use concept and density provisions of the Rancho Cucamonga General Plan. The proposed land use changes will more effectively implement the goals and objectives of the Victoria Community Plan that sought to fulfill the need for housing in a variety of residential types including condominiums. The requested land use change and associated tract map to develop market rate condominiums on the site will result in amore efficient use of the subject site that is generally compatible with the existing residential development in the immediate area. The land use designation change from commercial to residential will also result in fewer potential land use conflicts between a larger commercial center and adjacent residential uses. Finally, the density level of the proposed Medium Residential (8-14 dwelling units/acre) land use designation will provide a natural transition between the Medium-High density (14-24 dwelling units/acre) level of the condominium project to the north and the Low-Medium density level of the single-family development to the east and west of the site. PLANNING COMMISSION RESOLUTION NO. OS-39 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. August 27, 2008 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed Victoria Community Plan Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area; and b. The proposed Victoria Community Plan Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The proposed Victoria Community Plan Amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends that the City Council adopt a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these fndings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. P309 PLANNING COMMISSION RESOLUTION NO. 08-39 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. August 27, 2008 Page 3 5. Based upon the findings and conclusion set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Victoria Community Plan Amendment DRC2006-00447 by adoption of the attached City Council Ordinance, as shown in the attached Exhibit A. Planning Department 1) Approval of this amendment to the Victoria Community Plan is contingent on the approval of the General Plan Amendment to change the Neighborhood Commercial designation to Medium Residential Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local P310 PLANNING COMMISSION RESOLUTION NO. 08-39 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. August 27, 2008 Page 4 ordinances and use sound engineering practices. Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary depending upon the time of year of construction. Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWOCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The constructioh contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. P311 Pursue educating the public about the area's archaeological PLANNING COMMISSION RESOLUTION NO. 08-39 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. August 27, 2008 Page 5 heritage • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource. (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the fnd. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RWQCB) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. P312 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with P313 PLANNING COMMISSION RESOLUTION NO. D8-39 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. August 27, 2008 Page 6 vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Hydrology 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, arid implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by R.T. Quinn 8 Associates, (May 14, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, PLANNING COMMISSION RESOLUTION NO.08-39 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. August 27, 2008 Page 7 shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specifed in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building OfFcial within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. P314 PLANNING COMMISSION RESOLUTION NO. 08-39 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. August 27, 2008 Page 8 4) The perimeter block wall shall be constructed as early as possible in first phase. 5) Haul truck deliveries on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m. including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B: Fletcher, Chairman '~ ~~ 0 ATTEST: mes R. Troyer, AICP, Secretary P315 I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of August 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE P316 ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447, A REQUEST TO CHANGE THE PLAN FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 4.79 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1069-581-01. A. Recitals. 1. Charles Joseph and Associates filed an application for Victoria Community Plan Amendment No. DRC2006-00447, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Amendment is referred to as "the application." 2. On August 27th, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2006-00447 and issued Resolution No. 08-`", recommending the City Council approve the above listed application. 3. On , 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on this application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the substantial evidence presented to this City Council during the above-referenced public hearing on ,including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The application applies to approximately 4.79 acres of vacant land that slopes from north to south. Said property is currently designated as Village Commercial; and b. The project site is currently zoned Village Commercial and is within the Victoria Community Plan (VCP). The properties surrounding the site are also in the VCP and specifically identified assingle-family residential development to the east and west in the Low-Medium Density Residential District; condominiums to the north in the Medium=High Residential District; and a small commercial retail center to the immediate south/southeast in the Village Commercial District. Further south across Base Line Road is the Filippi Winery in the High Density Residential District; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and CITY COUNCIL ORDINAi.~E NO. 08-XX P317 VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 - CHARLES JOSEPH ASSOICATES (date) Page 2 and d. This amendment does promote the goals and objectives of the Land Use Element; e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties; and f. That the subject property is suitable forthe uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and g. That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties; and h. That the proposed amendment is in conformance with the General Plan. SECTION 3: Based upon the substantial evidence presented to this Council during the above referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Victoria Community Plan Amendment is hereby amended to change the Development District Map in words and figures as shown in the attached Exhibit A. SECTION 4: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmehtal Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated,Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independentjudgment and analysis of the City Council. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. CITY COUNCIL ORDINA~.~E NO. OB-XX P318 VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 - CHARLES JOSEPH ASSOICATES (date) Page 3 d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competentjurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portion of this Ordinance, The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more section, subsections, clauses, phrases or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, circulated in the City of Rancho Cucamonga, California. '~ ~\ P319 ~' ... ^'f T W- } j -~fJ Nyn4p y((f `k C.. _Y -/ ~ra J 1 i . 7'~ a ~ a r 4 ,-.~ a m....r f°i"'x~_1 ! h~ J a 1 ~' a'r" n t P ~ V . 5 I .w9 '~'tP ~l. 1~ Y H J1 ~~IC F ~ C C V Y ¢d :1YS ~l~ p k S 'i ' `R ~•iki +ti ~3 i ~r-T S f ; ..~ L L~~ YT i~ "~i 1 < Y~!'u " AMY ' Z fi ~ ! 1 J' Y U.,r 1 tY ~ . r - nd x.A ~.,~ ~...I k S ~jY3~ Y . c' 1 t ~ at T~~ ~"~rrq y/~ "ir N ~r~ ^ ; i Z' Yi d h " } T ~1 M ~ h . ~ , atc 2 i . . i % t ° 1k (d i Y9 ~. ~ ~~ p 1 J µ( .5~- "11 s L °~ } i i ~'~r t ~" ~ i S Y } ~~ i ll 1 i ~ ~ G til ~{ ~4Y L ~ e ~ 5 ° ~ } 4 7N ~~ T 5. ~~} 1 ' ~ ~, T x .l ~ tl 1 1 i I ~ t 4 G.' r t~;, 't„~ wig°L~.~ 3 t tt H - ~ Y 5 ~ ~S ~ ~.~. W W PROPOSED FWV HIGHLAND vc ~ i 1 L 4 L. ,~J L vc ~P L fI! LM LM LM LM LM •._-. ~..e~e LM ,III L LM LM M li~_...~`I M ~J u L RR F 9I I RR ~~~ M ~14' LM fl II^ P320 11 d mrj ~-- °a `° •` ~ LM ~~~,e, I ~.. RR i MH ~',0 .,...,,, e ~~ ,~ i i .RR yR~ MH - . ~ g ~ i I ~ ~~ ,I ~ ~ ~~ ;.-MILLER ~ ERR ~ RR ~ " `r/~ ~ RR; ,~~ COMMUNITY PLAN ~~ 1Q RR ~ D ~' A Planned Community ~; ~~ ~- ~;;•~ in Rancho Cucamon(]a RR it RR ~I /~•1,.• ~+ j_ I ~~ ~ ~' \~,U//~ LAND USE LEGEND ~p i ~/~~OOTHILL RESIDENTIAL - '~ ~i%~ ~ L Low 2-0DU/A ~' ~ RR I.~:~':./i ' ~ /r/~ LM Low-medium 4-B DU/A .%~~ I ~: p GZ. ~, y j ~ M Metlium 6.14 DU/A F~ RR / ~~•,C"% ~~ MH Medium-High 14-24 DU/A I IL H High 24-30 DU/A ~ - ~ COMMERCIAL /:''~ ~h _- CF Communlly Facility i ! •~ /,• ~' ~ RC Regional Center ; ;~ ~ RR Regional Relatetl 0t6ce/Commercial VC Village Commercial REVISED DATE 06/01101 3g NOTE'. Hatched area represents privately heltl lantl not in the planned community. _ .. - ~ --,: D MM 0 c :~ ' ~ X01 ,. ~ RR ~~~~ ~i :1 r I 1 \'}[Ll)f I ~ 1 4E€~I1 ~~I~~ 1 RR RR Vl ~I~ ,i Ijl I' II ((' RR ~ RR E': ;II v ~ D U_ ~~ }~ .' ~~ 1 4+~ RR II, ~~ ~'I y liliv $I.~ _~il>r D~ I ~1 ~II fl Ili FF~~{{ ~~. ~,~ ;_ ~ , E a I 11111 r~ ~{~ , i Illr~ Q ,. Lnr LM Y I , MR7..lE READ c ~ _-_ VC j° - ~_ t~ ~ y .~+~ \\ ~ < ~~~ ~ ~~. M b8~~ ~~ ~~ I ~ i t7' W 0 Gl ~o~ ~ LM 0 \~~ ~ . 6 ~ ~~ .». MM ~ D ~ ~'~ ~ ~~qua ~TAANA ~MD~ID .I KJ~ A~tA ff it !.' --- q RR RR MM ( .. '~ ~ ~ // 79 j/ VICTORIA LAKES LAND USE LEGEND P321 RESIDENTIAL Q LOW ~1 DU/A lM LOY4LIFDIYM tJ DY/A Q MEDIUY ~ g.ll DU/A MN MEDIUWIIGN It.L DY/A COMMERGU.L RE:IDNAL CENTER YP REGIONAL RELATED OFFICFKDIWERCIAL NDTE NAT`IIED AR£A R4~RESFNTS iPIVAiEl1 NE'.D {AND NOi IN THE MNNFO '_`JMML'N(N vC Vlilage CDmmaraal COMMUNfTY PLAN Victoria A Planned Community in Rancho Cucamonga ~~, _ - _ r<EViSED Dais P322 RESOLUTION NO. OS-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18212, A SUBDIVISION OF AIRSPACE FOR RESIDENTIAL CONDOMINIUM PURPOSES ON 6 ACRES OF LAND INTO TWO LOTS. LOT 1 IS 4.79 ACRES OF LAND FOR 67 RESIDENTIAL CONDOMINIUM UNITS IN THE PROPOSED MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), AND LOT 2 IS 1.21 ACRES OF LAND TO REMAIN AS AN EXISTING COMMERCIAL PARKING LOT AND A VACANT PORTION OF LAND IN THE VILLAGE COMMERCIAL DISTRICT, LOCATED AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-581-01. A. Recitals. 1. Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application for the approval of Tentative Tract Map SUBTT18212, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 27th day of August 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on August 27, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a parcel of land approximately 4.70 acres in size and located at the northeast corner of Base Line Road and San Carmela Court , with a street frontage of approximately 482 feet; and b. The project site is currently zoned Village Commercial and is within the Victoria Community Plan (VCP). The properties surrounding the site are also in the VCP and specifically identified as single-family residential development to the east and west in the Low-Medium Density Residential District; condominiums to the north in the Medium-High Residential District; and a small commercial retail center to the immediate south/southeast in the Village Commercial District. Further south across Base Line Road is the Filippi Winery in the High Density Residential District; and P323 PLANNING COMMISSION TENTATIVE TRACT MAP August 27, 2008 Page 2 RESOLUTION NO. 08-40 SUBTT18212 -CHARLES JOSEPH ASSOCIATES c. The application proposes the subdivision of air space for residential condominium purposes; and d. The application, in conjunction with Development Review DRC2006-00730, proposes the development of 67 residential condominiums for sale; and e. The condominium subdivision will allow ownership of individual units and provide a type of housing product for a segment of the residential market, thereby increasing the amount of for-sale condominium units in a region that has been identified to have a housing demand that is greater than the supply; and f. The subdivision, togetherwith the recommended conditions of approval, complies with all minimum development standards for the City of Rancho Cucamonga. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific fndings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the Tentative Tract Map is consistent with the General Plan, Development Code, and Victoria Community Plan; and b. The design or improvements of the Tentative Tract Map is consistent with the General Plan, Development Code, and Victoria Community Plan; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision will not cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and The Tentative Tract Map will not cause serious public health problems; and f. The design of the Tentative Tract Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidencethat the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all P324 PLANNING COMMISSION RESOLUTION NO. 08-40 TENTATIVE TRACT MAP SUBTT16212 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 3 comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission furtherfinds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these fndings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the subdivision of air space for residential condominium purposes on a 4.70-acre site located on the northeast corner of Base Line Road and San Carmela Court. 2) All applicable conditions of approval for Development Review DRC2006-00730 shall apply. 3) Approval of this Tentative Tract Map is contingent on the approval of the General Plan Amendment- to change the Neighborhood Commercial designation to Medium Residential. Engineering Department 1) Base Line Road frontage improvements shall be in accordance with City "Major Divided Arterial" standards as required and including: a) Provide curb and gutter, curvilinear sidewalk, street trees and street lights, as required. b) Provide a bike lane along Base Line Road frontage as required. c) Provide traffic striping and signage and R26 signs along Base Line Road frontage, as required. d) Protect existing raised median alorig the entire Base Line Road P325 PLANNING COMMISSION RESOLUTION NO. 08-40 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 4 frontage with no openings. e) No direct driveways to Base Line Road. 2) San Carmela Court frontage improvements shall be in accordance with City "collector" street standards as required and including: a) Provide street trees, as required b) Protect existing curb and gutter, sidewalk, and street lights, or repair as required. c) Access to San Carmela Court to be limited to one main entrance and one emergency access driveway. The emergency access shall be 26 feet wide and shall be constructed as a limited access curb per City Standard 105-C. The material to be installed within the City right-of- way shall be reviewed and approved by the Rancho Cucamonga Fire District. No adjacent paving allowed within the City right-of-way. d) Protect existing traffic striping and signage, including R26 signs, as required. 3) Victoria Park Lane frontage improvements shall be in accordance with City modified collector' standards as required and including: a) Protect existing curb and gutter, sidewalk, street trees and street lights, or repair as required. b) Protect existing traffic striping and signage, including R26 signs, as required. c) Modify existing landscaping on Victoria Park Lane approaching Atwood Street to comply with the City's "Line-of-Sight" standards. 4) Atwood Street frontage improvements shall be in accordance with City 'Local Street' standards as required and including: a) Provide a 6-foot wide curb adjacent sidewalk, street trees and 5800 Lumens HPSV street lights, as required. Easement for public sidewalks placed outside the public right-of-way shall be dedicated to the City. b) Protect existing curb and gutter, striping and signage, as required. c) Gated entrance to be in accordance with City "Residential Project Gated Entrance Design Guide" standard. 5) Install a traffic signal at the intersection of Base Line Road and San Carmela Court. The developer shall receive credit against and reimbursement of costs in excess of the Transportation Development Fee in conformance with City Policy. If the developerfails to submit for. P326 PLANNING COMMISSIG, RESOLUTION NO. OB-40 "TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 5 said reimbursement agreement with 6 months of the public improvements being accepted by the City, all rights of the developerto reimbursement shall terminate. 6) The development requires installation of fiber optics conduits, vaults and manholes per City Standard Plans 135-137 on Base Line Road. Also the improvement plans need to show the location and limits of the conduits, vaults and manholes with construction notes using Standard Plans 135-137. 7) The developer shall request that the City appropriately process and quitclaim Lot "C" of Tract 16128 prior to final map approval. Said Lot "C" and the adjacent parkway shall be incorporated into the development. 8) The Water Quality Management Plan (WQMP) submitted with the tentative map application has been reviewed and found to be substantially complete. Include the Best Management Practices (BMPs) identified in the plan on the Grading Plans when submitted for technical plan check. Environmental Mitioation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. P327 PLANNING COMMISSIG.. ~~ESOLUTION NO. OB-40 -TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES August 27, 2006 Page 6 • Pave or apply gravel to any on-site haul roads • Phase. grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-effciency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, P328 PANNING COMMISSION..<ESOLUTION NO. 08-40 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 7 the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If constructionpersonnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. P329 PLANNING COMMISSIG~, rtESOLUTION NO. 08-40 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 8 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Hydrology 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water P330 PLANNING COMMISSIG,. rZESOLUTION NO. OS-40 "TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 9 Quality Management Plan (WQMP) prepared by R.T. Quinn & Associates, (May 14, 2008) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations ofthe acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform P331 PLANNING COMMISSIG~. r2ESOLUTION NO. 08-40 'TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 10 weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase. 5) Haul truck deliveries on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m. including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Richard B. Fletcher, Chairman ATTEST: ~~ Jan s R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission ofthe City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting ofthe Planning Commission held on the 27th day of August 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE !.~ i P332 COMMUNITY vEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE TRACT MAP SUBTT1 SUBJECT: TRACT MAP FOR DEVELOPMENT OF 67 MARKET RATE CONDOMINIUM UNITS. APPLICANT: CHARLES JOSEPH ASSOCIATES, ON BEHALF OF BASE LINE VICTORIA PARK PARTNERS LLC LOCATION: 4.79 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT-APN: 1089-581-01. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. D8-40, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board of Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 b) Notice of Determination - $5D c) Negative Declaration - $ 1,926.75 X d) Environmental Impact Report - $2,550 SC-1-05 Comoletion Date --/- -/-/- - -/. I:IPLANNINGIFINALIPLNGCOMMt2008 Res 8 Stf rep1SUBTT18212StdCond 8-27.doc Protect NosuerruP333 Completion Date B. 'T'ime Limits 1 . , This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/_/_ Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 2 . DevelopmenUDesign Review approval shall expire if building permits are not issued or approved _/_/_ use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1 . The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, Development Code regulations, and the Victoria Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions -/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.). or prior to f nal map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the _ time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/ by the Planning Director and Police Department (477-2800) prior to the issuance of building _ permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with _/ / all receptacles shielded from public view. _ _ 9. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be _/ / located out of public view and adequately screened through the use of a combination of concrete _ _ or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 11. Street names shall be submitted for Planning Director review and approval in accordance with the / / adopted Street Naming Policy prior to approval of the final map. _ _ _ 12. All building numbers and individual units shall be identified in a clear and concise manner, _/ / including proper illumination. _ _ Project No.suerTt aP334 Completion Date D. E 13. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/_ Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 14. All parkways, open areas, and Landscaping shall be permanently maintained by the property _/_/_ owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. 15. The developer shall submit a construction access plan and schedule for the development of all _/_/_ lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 16. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall _I_/_ condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 17. Access gates to the rear yards shall be constructed from a material more durable than wood _!_!_ gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 18. For residential development, return walls and corner side walls shall be decorative masonry. _/_/_ 19. Wood fencing shall be treated with stain, paint, or water sealant. _/_/_ 20. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured _I_/_ products. Bui lding Design 1. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, _/_/_ detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of building permits. 2. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/ / contain a 12-inch walk adjacent to the parking stall (including curb). _ _ 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided _/_/_ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. Project No.suarriaP335 Completion Date F G. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards. 5. All units shall be provided with garage door openers if driveways are less than 18 feet in depth _!_/_ from back of sidewalk. 6. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on _/_!_ this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 7. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and _/_/_ Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. Tri p Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. La ndscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in _/_/_ accordance with the Municipal Code Section 19.08.110, and so noted on.the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 _/_/ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion _ control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater _/_/_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For multi-family residential and non-residential development, property owners are responsible for _/_/_ the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, Frolect Nosuani iP336 Completion Date and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 6- The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Department. H. Signs Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior to occupancy and shall require separate application and approval by the Planning Department prior to issuance of building permits. Environmental A final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. Other Agencies The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design.of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan and reverse foundation plan (when applicable); c. Floor Plan; - -/- - -/- -/-/- - -/- - -/ - -/- -/-/- - -/. Project No.SUBTTI ~P337 Completion Date L. M d. Roof and Floor Framing Plan and reverse Roof and Floor Framing Plan (when applicable); e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water andwaste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (SUBTT18212) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _!_/ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. _ 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to _/_/ the City prior to permit issuance. _ 4. Separate permits are required for fending and/or walls. _/_/_ Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/ marked with the project file number (SUBTT18212). The applicant shall comply with the latest _ adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant _/ / shall pay development fees at the established rate. Such fees may include, but are not limited to: _ _ City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tracUparcel map _I_! recordation and prior to issuance of building permits. _ 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / / through Saturday, with no construction on Sunday or holidays. _ _ _ 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/ / counter). _ _ 6. Submit pool plans to the County of San Berriardino's Environmental Health Services Department _/ / for approval. _ _ New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/ / considering use, area, and fire-resistiveness. _ _ 2. Provide compliance with the California Building Code for required occupancy separations. _/_/_ 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. / / 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC / / Section 1505. _ _ _ ProJea Nosusrn e P338 Completion Date 5. Provide draft stops in attics in line with common walls. _/_/_ 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/_/_ g. If the area of habitable space above the first floor exceeds 3,000 square feet, then the _/_/_ construction type shall be V-1 Hour minimum: g, Walls and floors separating dwelling units in the same building shall be not less than 1-hour _/_/_ fire-resistive construction. N. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading _/_/_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ pertorm such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, _/_/_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. O. Additional Requirements/Comments 1. Project shall fully comply with accessibility requirements of 2001 California Building Code Chapter _/_/_ 11A 9 Housing Accessibility). APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from _/_/_ street centerline): As needed total feet on Base Line Road / / 2. Corner property line cutoffs shall be dedicated per City Standards. _/_/_ 3. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint _/_/_ maintenance of all common roads, drives, or parking areas shall be provided by CC 8 R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 4. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map. 5. All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the _!_/_ final map. Project No.SUBTT18iP339 Comoletion Date 6. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. Q. Street Improvements Pursuant to City Council Resolution No. 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the develgpment may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 2. Construct the following perimeter street improvements including, but not limited to: Street Name Curb 8 Gutter A.C. Pvmt Side• walk Drive Appr. Street Lights Street Trees Comm Troll Median Island Bike Troll Other Base Line Road (c) X X X San Carmelo Court X X Atwood Street X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being pertormed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffc signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. - -~- - -~. - -~- -~-~- . -~-~- - -~ _!_/ -~- Project No.susrri e:P340 Completion Date 4. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City _/_/_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with _/_/_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer, g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be _/_/_ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan _/_/_ check. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in _/_/_ accordance with the City's street tree program. 9 Project NosuBTrt 5F341 Completion Date 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size oTy. Base Line Road Magnolia grandiflora NCN 8' 30' O.C. 15 Fill East of Haven "Samuel Sommer" ~ Triangulated gal in Avenue Foreground Tree P.A. 8' or Greater P.A. Less Than 8' or Magnolia grandiflora "St. NCN 3' 20' O.C. 15 Fill under power Lines Mary" Triangulated gal in Background Tree P.A. Pinus canariensis Canary Island Pine 8' 25' O.C. Min. 15 Fill B' or Greater informal, use gal in occasionally behind Magnolias Accent Tree Ginkgo biloba Maidenhair Tree 5' 25' O.C. i5 Fill "Fairmount" gal in Victoria Park Lene Geijere parviFlOra Austrailian Willow 5' 20' O.C. 15 Fill Parkway gal in Parkway Pinus canariensis Canary Island Pine 8' ~ 25' O.C. 15 Fitl gal in Atwood Street Magnolia grandiflora "St. NCN 3' 25' O.C. 15 Fill Mary" gal in San Carmelo Court "Pinus canariensis" Canary Island Pine 8' 25' O.C. 15 Fill gal in Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. R. Public Maintenance Areas A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs frst. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District. 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. -~-~- - -~- -~-~- -~- - 10 Proiea Nosuerri s_P342 Completion Date 3, All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Base Line Road. S D rainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to fnal map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. Adequate provisions shall be made for acceptance and disposal of surtace drainage entering the property from adjacent areas. T U. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. General Requirements and Approvals 1. Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to fnal map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the f rst building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED -~-~- -~-~- -~-~- - -~- -~-~- I / -~-~- _~_~ _r_i -~- - 11 P343 ,,,;,~ : , Rancho Cucamonga Fire Protection District u.. t r. Fire Construction Services STANDARD CONDITIONS September 21, 2006 Vineyards at Victoria Park Place Bzse Line Rd & Victoria Park MFR & SFR Development SUBTT18212 & DRC2006-00730 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamonoa.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply 1. Design guidelines for The Fire Protection water supply must be in accordance to RCFPD Standard 9-8: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in multi-family residential projects is 400-feet. No portion of the exterior wall shall be located more than 200-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 150-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a residential project from the public roadways. ii. At intersections. iii. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. P344 FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 or 13R with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix Ill-A, as adopted by the Fire District Ordinances. 2. The required minimum fre flow for structures located in the designated hazardous fire area shall be not less than 1,750 gpm at 20-psi residual. For structures in excess of 36,000 square feet use CFC Table A-III-A-1. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Fire Protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the. underground supply piping system in accordance to RCFPD Standard #9-8 must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: Multifamily structures greater than 7,500 square feet. 2. Multi-family residential structures in excess of 4 units. 3. When required fire flow cannot be provided due to inadequate volume or pressure. 4. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) may require an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. P345 FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access -Fire Lanes Standard #9-7. 1. Location of Access: All portions of the structures 15' story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c. The minimum outside tum radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. P346 c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20.00. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and afail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 8. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard 9-9 Appendix A and drawings 9-9a and 9-gb. P347 h. A site plan showing the IoC2tions of the roof ladder shall be submitted during plan check. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. Tents, Canopies and/or Air Supported Structures Liquefied Petroleum Gases FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement - Please provide a permanent access agreement between the owners granting irrevocable and anon-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant -Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and. the assessing of cost recovery to the property by the fire District. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review' P348 and' approval by the Fire Distridt. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. P349 Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 6. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9- 1 or #9-2 by Fire Construction Services. 7. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 8. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 11. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 ''/z' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. - City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION T'he following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Victoria Community Plan Amendment DRC2006-00447, General Plan Amendment DRC2006-00224, Tentative Tract Map SUBTT18212, and Development Review DRC2006-00730 Public Review Period Closes: August 27, 2008 Project Name: Project Applicant: Charles Joseph Associates Project Location (also see attached map): Located at the northeast corner of Base Line Road and San Carmela Court - APN: 1089-581-01. Project Description: A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation, and change the General Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for 4.70 net acres of land; and subdivide the property into 67 residential condominium units; and review the Site Plan and design for 67 residential condominiums in the proposed Medium Residential District (8-14 dwelling units per acre). FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. Auoust 27. 2008 Date of Determination Adopted By P350 P351 RESOLUTION NO. 08-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2006-00730, THE DESIGN REVIEW OF 67 CONDOMINIUM UNITS FOR TENTATIVE TRACT MAP SUBTT18212 IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) OF THE VICTORIA COMMUNITY PLAN, LOCATED AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-581-01. A. Recitals. 1. Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application for Development Review DRC2006-00730, the design review of 67 condominium units for Tentative Tract Map SUBTT18212, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 27th day of August 2008, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced meeting on August 27, 2008, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to a 4.79-acre site located on the northeast corner of Base Line Road and San Carmela Road, with a Base Line Road street frontage of approximately 320 feet; and b. The project site is currently zoned Village Commercial and is within the Victoria Community Plan (VCP). The properties surrounding the site are also in the VCP and specifically identified as single-family residential development to the east and west in the Low-Medium Density Residential District; condominiums to the north in the Medium-High Residential District; and a small commercial retail center to the immediate southlsoutheast in the Village Commercial District. Further south across Base Line Road is the Filippi Winery in the High Density Residential District; and c. The applicant has concurrently applied for General Plan and Victoria Community Plan land use amendments to change the current land use designations from commercial to medium density residential; and d. The proposed use, together with the conditions applicable thereto, will not be detrimehtal to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and PLANNING COMMISSIOI .SOLUTION N0. 08-41 P352 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 2 e. The project design meets or exceeds the Victoria Community Plan development standards for setbacks, building separations, and recreational amenities; and f. The design and exterior materials of the condominium units includes the use of high quality plaster (stucco), exposed rafter tails, decorative window surrounds, concrete the roofing, decorative block walls, wrought iron accents, and metal fencing, thereby, providing 360-degree architectural treatment, a goal of the General Plan. 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby specifically finds and concludes as follows: That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed design is in accord with the objectives of the Victoria Community Plan and the purposes of the district in which the site is located; and c. That the proposed design is in compliance with each of the applicable provisions of the Rancho Cucamonga Development Code; and d. That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, orwelfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigated Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a, Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission furtherfinds thatthe Mitigated Negative Declaration reflects the independentjudgment and analysis ofthe Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. PLANNING COMMISSION SOLUTION NO. 08-41 P353 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 3 d. The custodian of records forthe Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject io each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference: Planning Department 1) This approval is for the site plan, exterior building design, and landscaping for the 67-unit condominium project at the subject site. Plans submitted for plan check shall conform with the plans approved by the Design Review Committee on July 15, 2008, and fnal Planning Commission approval on August 27, 2008. 2) Final project approval shall be subject to City Council approval of the associated land use amendments of the Rancho Cucamonga General Plan and Victoria Community Plan changing the land use from Commercial to Medium Density Residential. 3) All guest parking spaces shall be conspicuously labeled as "Visitor" parking and made available for visitors to the complex at all times. Sub-leasing, sub-renting, or any other method which results in the reduction of available of visitor parking spaces (18) shall be prohibited. 4) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. 5) All applicable conditions of approval for Tentative Tract Map SUBTT18212 shall apply. 6) The final design of the following items shall be submitted for final Planning Director review and approval during the plan check phase of the project: a) All decorative metal fences, gates, and/or railings. All decorative exterior metal elements shall have a long lasting powder coat paint finish. b) Masonrywalls and/orfencing between condominium units. Walls shall be stepped as necessary to comply with field conditions and to comply with wall requirements of the development code. No unfinished walls shall be permitted. c) Wall- and ground-mounted exterior light fixtures. 7) Any stone veneers used on the project (e.g., buildings, perimeter walls, pilasters, etc.), shall be installed in a manner that does not give the appearance of a tack on element. All stone veneers shall be applied and/or extended so that the material terminates at an appropriate point on the PLANNING COMMISSIO<\ :SOLUTION N0. 08-41 P354 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 4 structure. No faux river rock shall be permitted 8) Tree Removal Permit DRC2007-00081 is hereby approved forthe removal of all on-site trees (approximately 49 trees) for the development of the site and to be replaced as part of the approved landscape plan for the project. 9) No pedestrian gates with direct access to San Carmela Court shall be permitted with this approval. Pedestrian access shall be provided directlyto Base Line Road. 10) Access from the project to San Carmela Court shall be for emergency response vehicles/personnel only. 11) The project homeowner association shall be responsible at all times to maintain and repair (including graffiti removal) all perimeter walls, gates, landscaping, decorative features, and on-site recreation amenities. 12) Approval of this Development Review application is contingent on the approval of the General Plan Amendment to change the Neighborhood Commercial designation to Medium Residential. Engineering Department 1) Base Line Road frontage improvements shall be in accordance with City "Major Divided Arterial" standards as required and including: a) Provide curb and gutter, curvilinear sidewalk, street trees and street lights, as required. b) For widening of Base Line Road, remove existing curb and gutter and install new curb and gutter to its ultimate location. c) Provide a bike lane along Base Line Road frontage as required. d) Provide traffic striping and signage and R26 signs along Base Line Road frontage, as required. e) Protect existing raised median along the entire Base Line Road frontage with no openings. f) No direct driveways to Base Line Road. 2) San Carmela Court frontage improvements shall be in accordance with City "collector" street standards as required and including: a) Provide street trees, as required. b) Protect existing curb and gutter, sidewalk, and street lights, or repair as required. c) Access to San Carmela Court to be limited to one Emergency Access driveway. The emergency access shall be 26 feet wide and shall be PLANNING COMMISSION .cSOLUTION NO. 08-41 P355 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 5 constructed as a limited access curb per City Standard 105-C. The material to be installed within the City right-of-way shall be reviewed and approved by the Rancho Cucamonga Fire District. No accent paving allowed within the City right-of-way. d) Protect existing traffic striping and signage, including R26 signs, as required. 3) Victoria Park Lane frontage improvements shall be in accordance with City 'modified collector' standards as required and including: a) Protect existing curb and gutter, sidewalk, street trees and street lights, or repair as required: b) Protect existing traffic striping and signage, including R26 signs, as required. c) Modify existing landscaping oh Victoria Park Lane approaching Atwood Street to comply with the City's "Line-of-Sight" standards. 4) Atwood Street frontage improvements shall be in accordance with City'Local Street' standards as required and including: a) Provide a 6-foot wide curb adjacent sidewalk, street trees and 5800 Lumens HPSV street lights, as required. Easement for Public sidewalks placed outside the public right-of-way shall be dedicated to the City. b) Protect existing curb and gutter, striping and signage, as required. c) Gated entrance to be in accordance with City "Residential Project Gated Entrance Design Guide" standard. 5) Install a traffc signal at the intersection of Base Line Road and San Carmela Court. The developer shall receive credit against and reimbursement of costs in excess of the Transportation Development Fee in conformance with City Policy. If the developerfailsto submitfor said reimbursement agreement with 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 6) The development requires installation of fiber optics conduits, vaults and manholes per City Standard Plans 135-137 on Base Line Road. Also the improvement plans need to show the location and limits of the conduits, vaults and manholes with construction notes using Standard Plans 135-137. 7) The developer shall request that the City appropriately process and quitclaim Lot "C" of Tract 16128 prior to final map approval. Said Lot "C" and the adjacent parkway shall be incorporated into the development. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all PLANNING COMMISSION .SOLUTION NO. 08-41 P356 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 6 construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available atthe construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM~p emissions, in accordance with SCAQMD Rule 403. PLANNING COMMISSION ..:SOLUTION NO. OS-41 P357 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 7 7) Chemical soil-stabilizers (approved by SCAOMD and RWOCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that maybe appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: PLANNING COMMISSION :SOLUTION NO. 08-41 P358 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH AS50CIATES August 27, 2006 Page B • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately d ivert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PMio emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~o emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does odcur either on-site or off-site as a result of this project will be corrected through a PLANNING COMMISSION , .,iOLUTION NO. 08-41 P359 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 9 remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by R.T. Quinn & Associates (May 14, 2008) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for' coverage under the NPDES General Construction Permit. Noise 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Offcialfor review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. PLANNING COMMISSIOtt .SOLUTION NO. 06-41 P360 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES August 27, 2008 Page 1 D 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Offcial. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase. 5) Haul truck deliveries on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m. including Saturday, or at any time on Sunday or a national holiday., Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: ~ ~~ Jam s R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of August 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE P361 Project File No.: Victoria Community Plan Amendment DRC2006-00447, General Plan Amendment Plan DRC2006-00224, Tentative Tract Map SUBTT18212, and Development Review DRC2006-00730. This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration) fortheabove-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by thgse responsible for the program. Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request atthe following address: City of Rancho Cucamonga -Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P362 MITIGATION MONITORING PROGRAM DRC2006-00447, DRC2006-00224, SUBTT18212, AND DRC2006-00730 August 27, 2008 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC2006-00447 DRC2006-00224 SUBTT18212 and DRC2006-00730 Applicant: Cal Coast Homes -Charles Joseph and Associates Initial Study Prepared by: Steve Fowler Date: July 30. 2008 .. _5 'Air Quality 4 '- tr ,ti ~: ~; ~ rt;, ~ r~ .,,, ~. . 1 t a~~, All construction equipment shall be maintained in good PD C Review of plans A/C Z4 operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. Prior to the issuance of any Grading Permits, the PD/BO C Review of plans C 2 developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as Cily Planning staff. All paints and coatings shall meet or exceed PD C Review of plans A/C Z4 performance standards noted In SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. All asphalt shall meet or exceed periorrnance standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108. v 1 of 8 w rn w ~. ~ ~ ,. ~ -. , ~ .. All construction-equipment shall comply with SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site BO C Review of plans A/C 2!4 through seeding and watering. • Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4 • Phase grading to prevent the susceptlbility of large BO C Review of plans A/C 2/4 areas to erosion over extended periods of time. • Schedule activities tc minimize the amounts of BO C Review of plans A/C 2/4 exposed excavated soil during and after the end of work periods. Dispose of surplus excavated material in accordance BO C Review of plans A 4 with local ordinances and use sound engineering practices. Sweep streets according to a schedule established • BO C During A 4 by the City if silt is carried over to adjacent public construction thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. Suspend grading operations during high winds (i.e., BO C During A 4 wind speeds exceeding 25 mph) in accordance with construction SCAQMD Rule 403 requirements. Maintain a minimum 24-inch freeboard ratio on soils BO C Dudng A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction Regional Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. 2of8 w rn a The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel-powered equipment where feasible. The construction contractor shall ensure that BO C Review of plans A/C 2/4 Construction Grading Plans include a statement that work crews will shut off equipment when not in use. All residential and commercial structures shall be 80 C/D Review of plans C 2/4 required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping. Cultural Resources: , . -_ ,;- ;, ,_, .: . , If any prehistoric archaeological resources are encountered before orduring grading, the developerwill retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites PD/BO C Review of report A!D 3/4 from demolition or significant modification withoutan opportunity for the City to establish its archaeological value. Consider establishing provisions to require PD/80 C Review of report A/D 3/4 incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the area's PD/BO C Review of report A/D 314 archaeological heritage. Propose mitigation measures and recommend PD/BO C Review of report A/D 3/4 conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. 3 of 8 w rn • • • . • ' • • 1 1 • 1 • • 1 • 1 1 1 • 1 • 1 1 1 • ~. • Prepare a technical resources management report, PD C Review of report AlD 3/4 documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. If any paleontological resource (i.e. plant or animal PD B Review of report A/D 4 fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and PD B Review of report A/D 4 equipped to allow the rapid removal of Tossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared PD/BO B/C Review of report A/D 4 or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for PD D Review of report D 3 documentation in the summary report and transferto an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho PD D Review of report D 3 Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. 4 of 8 w rn rn 1 1 1 . 11 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 ~. 1 1 Geology ahd Sorts ` ~ f }~ t s,,, '. , , ~ .F.- g ,{~ ~ h .r: t ~ _ ~,- _ ~ "- N .r~~ ` .. The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction RWQCB) daily to reduce PM~p emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. Frontage public streets shall be swept according to a 80 C During A 4 schedule established by the City to reduce PM,o construction emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PMro emissions from construction the site during such episodes. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction constructon areas that remain inactive for 96 hours or more to reduce PMro emissions. Hydtbldg~ and Water Quality<'- '" r ' :. Prior to issuance of grading permits, the permit applicant BO B/C/D Review of plans A/C 214 shall submit to the Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) ihatshall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 5 of 8 w rn v ~~ ~ ~ -, .. An Erosion Control Plan shall be prepared, included in BO B/C/D Review of plans A/C Z4 the Grading Plan, and implemented for the proposed project that identifies specific measures tocontrol on-site and off-site erosion from the time of ground disturbing activities are initialed through completion ofgrading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing ofgrading and construction to minimize soil exposure to rainy periods experienced in southern California, end b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on- site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. During construction, temporary berms such as sandbags BO B/C/D Review of plans A/C Z4 or gravel dikes must be used to prevent discharge of debris or sediment from the site when there Is rainfall or other runoff. During construction, to remove pollutants,streetcleaning BO B/C/D Review of plans A/C 2/4 will be pertormed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. The developer shall implement the BMPs identified in the CE B/C/D Review of plans A/C 2/4 Water Quality Management Plan (WQMP) prepared by R.T. Quinn & Associates (May 14, 2008) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. Landscaping plans shall include provisions for controlling BO B/C/D Review of plans A/C Z4 and minimizing the use of fertilizers/pesticidesmertrades. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall ~ be submitted to the City for review and approval prior to the issuance ofgrading permits. 6 of 8 w rn ,. ~- ~. -. ,- ,• .. Prior to the issuance of building permits, the applicant CE B/C/D Review of plans A/C 2/4 shall submit to the City Engineer for approval of a WOMP, including a project description and identifying BMPs, that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WOMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. Prior to the issuance of grading or paving permits, the BO B/C/D Review of plans A/C 2/4 applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General i Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise ,. ., ;. Prior to the issuance of building permits, the applicant PD/80 8 Plan Check and C 3!4 shall submit to the Planning Director and Building Official during Tor review and approval building plans that demonstrate construction compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSAAssociates (August 2006), and on-file with the Planning DeparUnent. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. Construction or grading shall not take place between the BO C During A 4 hours of 8:00 p.m. and 6:30 a.m. on weekdays, including construction Saturday, or at any time on Sunday or a national holiday. v 7 of 8 rn I I I I I- I I I I I I I I I I I I I I I I I I ~ I I Construction or grading noise levels shall not exceed the BO C During A 4 standards specified in Development Code Section construction 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Offical. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. The perimeter block wall shall be constructed asearly as PD C During A A possible in the first phase. construction Haul truck deliveries shall not take place between the PO/BO C During A 4/7 hours of 5:00 p.m. and 6:30 a.m. on weekdays, including construction Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and front the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. - Key to Checklist Abbreviations Resporisible Person ~ Mohitonnq,Fr~quency ' ' M€thorf of`Venftceton Sanctions CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map PD -Planning Director or designee B -Prior To ConsWcfion B -Other Agency Permit! Approval 2 -Withhold Grading or Building Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Certificate of Occupancy BO -Building Official or designee D - On Completion D -Separate Submittal (ReportslStudies/ Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating ~ 5 -Retain Deposit or Bonds FC -Fire Chief or designee 8 -Revoke CUP 7 -Citation Sofa w V O STANDARD CONDITIONS PROJECT #: DEVELOPMENT REVIEW DRC2006-D0730 SUBJECT: DEVELOPMENT OF 67 MARKET RATE CONDOMINIUM UNITS. APPLICANT: CHARLES JOSEPH ASSOCIATES, ON BEHALF OF BASELINE VICTORIA PARK PARTNERS LLC LOCATION: 4.79 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT - APN: 1089-581-01. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, offcers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 08-41, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board of Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 b) Notice of Determination - $50 c) Negative Declaration - $ 1,926.75 X d) Environmental Impact Report - $2,550 SC-1-05 Completion Date -/-/- -/- - -/- - I:IPLANNINGIFINAL\PLNGCOMM\2008 Res 8 Stf rep1DRC2006-0073051dCond 8-27.doc Project No.DRC2006-OCP3]2 Completion Date B C Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/_/_ Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 2. DevelopmenUDesign Review approval shall expire if building permits are not issued or approved _/_/_ use has not commenced within 5 years from the date of approval. No extensions are allowed. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, Development Code regulations, and the Victoria Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for .compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all -/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with _/_/_ all receptacles shielded from public view. 9. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be _/_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 11. Street names shall be submitted for Planning Director review and approval in accordance with the _/_/_ adopted Street Naming Policy prior to approval of the final map. 12. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. D. E. Project N o.oaczoos-ap373 Completion Dete 13. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/_ Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 14. All parkways, open areas, and landscaping shall be permanently maintained by the property _/_/_ owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved .prior to the issuance of building permits. 15. The developer shall submit a construction access plan and schedule for the development of all _/_/_ lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 16. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall _/_/_ condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 17. Access gates to the rear yards shall be constructed from a material more durable than wood _/_! gates. Acceptable materials include, but are not limited to, wrought iron and PVC. _ 18. For residential development, return walls and corner side walls shall be decorative masonry. _/_/_ 19. Wood fencing shall be treated with stain, paint, or water sealant. / / 20. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured _/_/_ products. Bui lding Design 1. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, _/_/_ detailing and increased delineation of surtace treatment subject to Planning Director review and approval prior to issuance of building permits. 2. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. Par king and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. W hen a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided _/_/_ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. F G. Project N o.DRC2006-DOP3]L} Completion Date 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards. 5. All units shall be provided with garage door openers if driveways are less than 18 feet in depth _/_/_ from back of sidewalk. 6. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on _/_/_ this site unless they are the principal source of transportation for the owner and prohibit parking on interior c;rculation aisles other than in designated visitor parking areas. 7. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and _/_!_ Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. Tri p Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided,. additional storage spaces required are 2.5 percent of the required automobile parking spaces. W arehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in _/_/ accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The _ location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 _/_/ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion _ control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater _/_/_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For multi-family residential and non-residential development, property owners are responsible for _/_/_ the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, Project No.Daczoos-oop375 Completion Date and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 6. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Department. H. Signs Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior to occupancy and shall require separate application and approval by the Planning Department prior to issuance of building permits. Environmental A final acoustical report shall be submitted far Planning Director review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. Other Agencies The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements Submit five complete sets of plans including the following: a. Site/Plot Plan; Foundation Plan and reverse foundation plan (when applicable); _/_/ -/_/ -/-~- -/-/- _/-~. -~-/- -/-/- -/-/- o. Floor Plan; Protect No.DRCZOOS-ocP376 Completion Date d. Roof and Floor Framing Plan and reverse Roof and Floor Framing Plan (when applicable); e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (DRC2006-00730) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and W orkers' Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (DRC2006-00730). The applicant shall comply with the latest adopted Califomia Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). 6. Submit pool plans to the County of San Bernardino's Environmental Health Services Department for approval. M. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. -/_/. -/_/. _/_/. -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- Proles nfo.Daczoos-o~p377 Completion Date 5. Provide draft stops in attics in line with common walls. / / 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/_/_ 8. If the area of habitable space above the first floor exceeds 3,000 square feet, then the _/_/_ construction type shall be V-1 Hour minimum. 9. Walls and floors separating dwelling units in the same building shall be not less than 1-hour _/_/ fire-resistive construction. _ N. Grading 1. Grading of the subject property shall be in accordance with Califomia Building Code, City Grading _/_/_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/ perform such work. _ 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/___/_ time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, _/_/_ submitted, and approved by the Building and Satety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. O. Additional Requirements/Comments 1. Project shall fully comply with accessibility requirements of 2001 California Building Code Chapter _/_/_ 11A 9 Housing Accessibility). APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from /_/_ street centerline): As needed total feet on Base Line Road _/_/_ 2. Corner property line cutoffs shall be dedicated per City Standards. / / 3. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint _/_/_ maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 4. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map. 5. All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the _/ / final map. _ _ ProJeot No.Daczoos-oP378 Q. 6. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. Street Improvements Pursuant to City Council Resolution No. 88.557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 2. Construct the following perimeter street improvements including, but not limited to: Street Name Curb & Gutter AC. Pvmt Side• walk Drlve Appr. Street Lights Street Trees Comm Trall Metlian Island Blke Trall Other Base Line Road (c) X X X San Carmela Court X X Atwood Street X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Completion Date -/-/- / / -/-/- -/-/- -/-/- _/_/ -~-/- / / Project No.DRC2006-OiP379 Completion Date 4. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City _/_/_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with _/_/. adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be _/_/ installed to City Standards, except for single family residential lots, h. Street names shall be approved by the Planning Director prior to submittal for first plan _/_/. check. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in _/_/_ accordance with the City's street tree program. 9 Project No.DRC2006-OCP3$~ Completion Date 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Oty. Base Line Roatl Magnolia grantllflora NCN 6' 30' O.C. 15 gal Fill East of Haven "Samuel Sommer' Triangulated in Avenue Foreground Tree P.A. 6'or Greater P.A. Less Than 8' or Magnolia grandiflora "St. NCN 3' 20' O.C. 15 gal FIII under power Lines Mary" Triangulated in Background Tree P.A. Pinus canariensis ~ Canary Islentl Pine 8' 25' O.C. 15 gal Fill. 6' or Greater Min. in informal, use occasionally behind Magnolias Accent Tree Ginkgo biloba Maidenhair Tree 5' 25' O.C. 15 gal Fill "Fairmount" in Victoria Park Lane Geijere parviflore Austrailian Willow 5' 20' O.C. 15 gal FIII Parkway in Parkway Pinus canariensis Canary Island Pine 8' 25' O.C. 15 gel Fill in Atwood Street Magnolia grandiflora "St. NCN 3' 25' O.C. 15 gal Fill Mary" in San Carmelo Court "Pinus canariensis' Canary Island Pine 6' 25' O.C. 15 gal Fill in Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. R. Public Maintenance Areas A separate set of landscape and irrigation plans per Engineering Public W orks Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. -~-~- -/-/ -/-/ -~-~ 10 I=rojeot No.DRCZOOS-o~p381 Completion Date 3. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Base Line Road. S. Drainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. T. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley W ater District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. U. General Requirements and Approvals 1. Anon-refundable deposit shall be,paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED / / -~-~- -~-~- -~-~- -~-~- -~-~- -~-~- -~-~- -~-1. -~-~- 11 P382 ..~ ati Rancho Cucamonga Fire Protection District ' ~~. Fire Construction Services __,,, STANDARD CONDITIONS September 21, 2006 Vineyards at Victoria Park Place Base Line Rd & Victoria Park MFR & SFR Development SUBTT18212 & DRC2006-00730 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. The RCFPD Procedures & Standards which are referenced in this document can be access on the web at htto://www ci rancho-cucamonpa ca us/fire/index htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Suppty Design guidelines for The Fire Protection water supply must be in accordance to RCFPD Standard 9-8: The following provides design guidelines for the spacing and location of fire hydrants: The maximum distance between fire hydrants in multi-family residential projects is 400-feet. No portion of the exterior wall shall be located more than 200-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 150-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: At the entrance(s) to a residential project from the public roadways. ii. At intersections. iii. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. P383 FSC-2 Fire Flow The required minimum fire flow for this project, when automatic fire sprinklers are installed is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 or 13R with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. The required minimum fire flow for structures located in the designated hazardous fire area shall be not less than 1,750 gpm at 20-psi residual. For structures in excess of 36,000 square feet use CFC Table A-III-A-1. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. , 4. Fire Protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifcations and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system in accordance to RCFPD Standard #9-8 must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: Multifamily structures greater than 7,500 square feet. Multi-family residential structures in excess of 4 units. When required fire flow cannot be provided due to inadequate volume or pressure. 4. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) may require an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. P384 FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles andlor designated fire lanes. Please reference the RCFPD Fire Department Access -Fire Lanes Standard #9-7. 1. Location of Access: All portions of the structures 1s` story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c. The minimum outside turn radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall. not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surtace shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. P385 c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20.00. f. Motorized gates must open at the rate of one-foot per second.. g. The motorized gate actuation mechanism. must be equipped with a manual override device and afail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 8. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard 9-9 Appendix A and drawings 9-9a and 9-9b. 4 P386 h. A site plan showing the locations of the roof ladder shall be submitted during plan check. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. Tents, Canopies and/or Air Supported Structures Liquefied Petroleum Gases FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement - Please provide a permanent access agreement between the owners granting irrevocable and anon-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant -Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and ndn-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review P387 and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' 'Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fre hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. P388 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 6. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #g- 1 or #9-2 by Fire Construction Services. 7. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 8. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Largeraddress numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers andlor letters shall be provided on the front and back of all suites. 10. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 11. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 ''/i' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 7 P389 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting August 27, 2008 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:05 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Pam Stewart; Ray Wimberly ABSENT: None STAFF PRESENT: Jim Markman, City Attorney; Steve Fowler, Assistant Planner; Tom Grahn, Associate Planner; Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission Secretary; Denise Sink, Office Specialist II; James Troyer, Planning Director; Waen Messner, Associate Planner • w + + ANNOUNCEMENTS None ,..,, APPROVAL OF MINUTES Chairman Fletcher noted a correction on Page 3 of the minutes and noted the opening of the public hearing for Items C and D related to the continuance of EI Loco Cantina. Motion: Moved by Stewart, seconded by Munoz, carried 5-0, to approve the minutes of August 13, 2008 with the noted correction. ~..... PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENTDRC2006-00224- CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the General Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 4.70 acres of land, located at the northeast corner of Base Line Road and San Carmela Court - APN: 1089-581-01. Related files: Victoria Community Plan Amendment DRC2006-00447, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. CONTINUANCE REQUESTED EXHIBIT B P390 B. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (6-14 dwelling units per acre) designation for approximately 4.70 acres of land, located at the northeast corner of Base Line Road and San Carmela Court - APN: 1089-581-01. Related files: General Plan Amendment DRC2006-00224, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. CONTINUANCE REQUESTED C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18212 - CHARLES JOSEPH ASSOCIATES - A request to subdivide 4.70 net acres of land into 67 residential condominium units in the proposed Medium Residential District (8-14 dwelling units per acre), located at the northwest corner of Base Line Road and San Carmela Court - APN: 1089-581-01. Related files: General Plan Amendment DRC2006-00224, Victoria Community Plan Amendment DRC2006-00447, Development Review DRC2006- 00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2006-00730 - CHARLES JOSEPH ASSOCIATES -Site Plan and design review for 67 residential condominiums on 4.70 net acres of land in the proposed Medium Residential District (8-14 dwelling units per acre), located at the northeast corner of Base Line Road and San Carmela Court - APN: 1089-581-01. Related files: General Plan Amendment DRC2006-00224, Victoria Community Plan Amendment DRC2006 00447, and Tentative Tract Map SUBTT18212, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED Steve Fowler, Assistant Planner, presented the staff report. He noted that there are two lots, that Lot 1 of 4.79 acres is for condominium development and that 1.21 acres is to remain as an existing commercial parking lot and a vacant portion of land in the Village Commercial District. He said an easement remains on that portion for access. He commented that the number of units was reduced from 82 units to 67 and that visitor parking was also reduced from 22 spaces to 18 spaces. He reported that in response to the concerns raised at a neighborhood meeting, "No Parking" signs will be installed on San Carmela Court. Chairman Fletcher noted that when the project was originally presented to the Commission a year ago, there was a dispute about the easement. He asked if parking would be available to the condo owners on the parking lot in dispute and if there would be a joint parking agreement. Mr. Fowler deferred the question to the applicant. Chairman Fletcher opened the public hearing. Chuck Buquet, Charles Joseph Associates, 10681 Foothill Boulevard, Suite 395, noted that the area in question was removed from the consideration of the development and is astand-alone. He confirmed that "No Parking" signs will be placed on San Carmela Court and that all parking will be contained within the condominium development. He noted that the architecture compliments the winery theme and the Filippi Winery across the street. Chairman Fletcher, seeing and hearing no further comment closed the public hearing. Planning Commission Minutes -2- August 27, 2008 P391 Commissioner Wimberly commented that he reviewed the project at the Design Review Committee meeting and that it is a good project. He said they reduced the number of units and they did a good job. Commissioner Howdyshell noted that the 2-bedroom, 2-bath design reflects today's market with the square footage. She added that the 2-car garages should minimize parking on the street. Vice Chairman Munoz remarked that the design is upscale and dovetails with the winery across the street. He noted he had a concern about the visitor parking and the previous issue with the adjacent property owner. He said the 2-car garages should mitigate the parking issue. He said the applicant did good work at the DRC. Commissioner Stewart said she was part of the DRC. She noted the great architecture does reflect the winery flavor. She said she is happy the neighbors are in agreement and that posting the "No Parking" signs on San Carmela Court should be helpful. She said the development is a fine fit for the area and this is-the market for today as many home buyers want something smaller. Chairman Fletcher commented that when this project first came before the Commission a year ago he had concern because he is generally not in favor of changing commercial property to residential because of a loss in the tax base but that this is a more affordable product for the residential buyer. He said it is nice architecture and should be good for the community. Motion: Moved by Wimberly, seconded by Howdyshell, to adopt the Mitigated Negative Declaration of environmental impacts, Recommend approval of GPA DRC2006-00224 and VCPA DRC2006-00447. The Resolutions of Approval with conditions for SUBTT18212 and DRC2006-00730 were also adopted. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried f R E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT 49 - CUCAMONGA 220 L.P. - A residential subdivision of 31 lots on 8.79 acres in fixed Use District of the Victoria Arbors Master Plan, located at the northwest corner of oria Park Lane and Long Meadow Drive -APN: 0227-171-29, 30. Staff has prepare itigated Negative Declaration of-environmental impacts for consideration. Related Fil ictoria Arbors Master Plan Amendment DRC2007-00047 and Minor Exception DRC2 -00048. F. MINOR EXCEPTION DRC2007-00048 - CUCAMONGA L.P. -A request for combination retaining walls exceeding 6 feet in height at Lots 4 and, 14 through 16 of Tentative Tract 18449, a subdivision of 8.79 acres in the d Use Single-Family district, located at northwest corner of Victoria Park Lane and Lo eadow Drive -APN: 0227-171-29 and 30. Related Files: Victoria Arbors Master Plan endment DRC2007-00047 and Tentative Tract Map SUBTT18449. Steve Fowler, Assistant Planner, pre~ffed the staff report Chairman Fletcher opened theX~pGblic hearing. John Morrisette, Ameri Beauty Development, expressed his thanks to staff for their help. He noted they have rev' ed the resolutions and they find all the conditions acceptable. He said this property is the " I piece of the puzzle" in the Victoria Arbors area and that it has been fun. Planning Commission Minutes -3- August 27, 2008 P392 RESOLUTION NO. 08- 2oZ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2006-00224, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) DESIGNATION FOR APPROXIMATELY 4.79 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1089-581-01. A. Recitals 1. Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application DRC2006-00224, requesting a change to the General Plan land use designation, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 27th day of August 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2006-00224 and issued Resolution 08-38 recommending the City Council approve the above listed application. 3. On October 1, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on this application and concluded said hearing on that date. 4. 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 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 public hearing on October 1, 2008, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: The application applies to the property within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The proposed land use amendment is consistent with the goals of the Land Use Element of the Rancho Cucamonga General Plan, in that the proposed land use change from Commercial to Residential will allow development of the long vacant commercially zoned site with new residential development that is compatible with the surrounding residential development. Moreover, the density of the proposed Medium Residential (8-14 dwelling units/acre) land use designation for the site will provide a natural transition between .the Medium-High density (14-24 dwelling units/acre) level of the condominium project to the north and the Low-Medium density level of the single-family development to the east and west of the site. Finally, the development of Medium density residential development on the subject site will P393 CITY COUNCIL RESOLUTION NO. 08- GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES October 1, 2008 Page 2 help to reinforce the base residential population necessary to support local commercial uses in the immediate area such as the adjacent commercial center, the Filippi Winery, the Winery Estates Marketplace, and Victoria Gardens. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed land use amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area by creating a natural transition between the residential districts and the commercial districts; and b. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as the proposed Land Use will be a logical transition zone between the Medium-High Residential zone to the north and the Low-Medium zone to the west; and c. The proposed amendment is in conformance with the General Plan as the amendment is to change the site from Neighborhood Commercial to Medium Residential which serves as a buffer between lower density residential areas and commercial activities. The site is between aLow-Medium Residential zone to the west and the Neighborhood Commercial District to the east 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends the adoption of a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that-the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during the project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. P394 CITY COUNCIL RESOLUTION NO. 08- GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES October 1, 2008 Page 3 d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusion set forth in Paragraphs 1, 2, 3, and 4 above, this Council hereby approves General Plan Amendment DRC2006-00224, as shown in the attached Exhibit A, specifically Tables III, III-2A, and III-2B. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading td prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. P395 CITY COUNCIL RESOLUTION NO. 08- GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES October 1, 2008 Page 4 • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. P396 CITY COUNCIL RESOLUTION NO. 08- GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES October 1, 2008 Page 5 • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. P397 CITY COUNCIL RESOLUTION NO. 08- GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES October 1, 2008 Page 6 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RWOCB) daily to reduce PM,p emissions, in accordance with SCAOMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAOMD and RWOCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Hydrology 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WOMP) prepared by P398 CITY COUNCIL RESOLUTION NO. 08- GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES October 1, 2008 Page 7 R.T. Quinn & Associates, (May 14, 2008) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required P399 CITY COUNCIL RESOLUTION NO. 08= GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES October 1, 2008 Page 8 by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase. 5) Haul truck deliveries on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m. including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Council shall certify to the adoption of this Resolution. I III. DEVELOPING THE COMMUNITY TABLE 111-2A LAND USE PLAN STATISTICAL SUMMARY-RESIDENTIAL DESIGNATIONS CITY AREA - SPHERE OF IN FLUENCE TOTA LS Target DUs Target DUa (Probable (Probable Total Percent Land Use Density Dwellin=g Level of Dwellin=g Level o/ Total Dwelling Total of Total Des! nationa Fecfor Aerea a Unfta Develo ment Acree a Unite Develo ment Aerea a Units Tar et DUa Aerea e eN~51f7EN71A~~`U~SiG NA7itlN3t'~t ~~~ ~ ~ ~&"~ ~ m w _ ~ :: ,~` . ~ : ' ",~xs~zY ; '"~ ~ ', a '. „r ,~*! , ~#a~r~' ~~. . ~. HiIlslde (.1-2 1.29 127 13-254 164 697 70-1,394 699 824 83-1,648 1,063 3 dWac) Very Low (.1-2 1.29 3,979 398-7,958 5,133 620 62-1,240 820 4,600 460-9,198 5,953 14 du/ac Low 2-4 du/ac 3.25 4,148 8,282-16,592 13,481 33 66-132 107 4,181' 8,348-16,724 13,588 13 Low Medium (4- 6.5 2,042 6,168-16,336 13,273 2,042 6,168-16,336 13,273 6 8 du/ac) Medium (8-14 11.75 ?yl 5,888-10,304 8r~0'7 74/ 5,888-10,304 2 dWac Medium High 20.25 376 5,264-9,024 7,614 376 5,264-9,024 7,614 1 14-24 dWac High (24-30 27.75 55 1,320-1,650 1,526 55 1,320-1,650 1,526 .2 dWac) Mixed Use See 235 3,224-5,134 ~ 3,791 235 3,224-5,134 3,791 .7 Tables 111- 4 to III-7. Resldentlel Subtotal i D 32,557- .5649 1,350 198- 1,826 32,755-70,018 _ 41 87,252 2,766 ' The Density Factor Is en expression of actual development experience In the City and represents a level midway between 50 and 75 % of the range. It Is used to calculate target dwelling units. ~ Range of dwelling units is the product of upper and lower threshold of densitylntensity range multiplied by the number of acres, end rounded to the nearest whole number. This range is a theoretical potential. Some products may occur at or near the top of the range, however, most will not. Target densityfintensity is the probable level of development based on City expedence, except for Mixed Use Residential, which is based pdmadly on a target density. "Mixed Use allows both residential and non-residential uses. Table III-1 a rellects the residential potential; Table III-1b indicates non-residential potential. Dwelling unit and square footage figures are aggregated from Tables III-4 to III-7. ' Percentages have been rounded to equal 100. City of Kaneko Cucamonga Genera! Plan October 17, 2001 Page III-I9 U:\Grrtem! Plan forprLaurg\GP LU Maxter RrpoKdao 0 O CITY OF RANCHO CUCAMONGA GENERAL PLAN TABLE 111-28 t entn usF P/ Ant SreTISTICAL SUMMARY-NON-RESIDENTIAL DESIGNATIONS CI TYAREA SPHERE OF INFLUENC E TOTALS Probable Target Square Feet Square Feet Square Feet Total Square Feet (fn Dwelling (in (in Total Target Pereent Land Use Desr patrons Acrea a Dwellln Unl[s In th o u sands thousands Aerea a Units thousands ' nds thous a Acrea a DUs o! Total . ~s._~ „ r,~ '- a i 2' €~ 3~¢S x 1 x) v v s -k „^"+~ xf f ~ jc'o• ~ ' ~~X. d• j, ~ p~~ ~'' r~t , ~`x ~~t ~l ~~ ~ g ^? ~, 'i`{~y ~''c-~' 'hk~3 .,- < ~~ ~~ . ~NONflE$IOENTIAL~ - y _ s„ s ve _ , ,... _ ~ . t FH. .. r i c . 126 4 Office .4-1.0 FAR 128 - 2,230-5,575 2,230 . 5 Neighborhood Commercial (.25-.35 -- 1,819-2,546 1,819 . FAR Community Commercial (.25-.35 109 - 1,187-1,661 1,1117 109 .3 FAR General Commercial .25-.35 FAR 528 - 5,750-8,050 5,750 528 2 03 Recreation Commercial .25-.35 FAR 9 98-137 98 9 . 3 Sublolal 36 11,084-17,989 11,084 Mixed Use .25-1.0 FAR 682 7,427-29 707 11,883 682 682 2 2 Subtolai 682 7,427-29,707 11,863 Industrial Park (.4--6 FAR) 657 - 11,448-17,171 11,448 855 3 Haven Oveda .4-1.0 FAR 198 3,450-8,625 3,450 General lndustdal .5-.6 FAR 2,016 43,908-52,690 43,908 2,016 6 Hea lndustdal .4-.5 FAR 904 15,751-19,689 15,751 904 3 Suhtolal 3,775 74,557-98,175 74,557 3,775 12 1 dWac O en S ace 0- 491 NA NA NA 2,512 0-158 3,003 158 10 . Conservation 86 NA NA 1,262 - 1,348 4 Flood ConlroWtili Corddor 1,705 -- NA NA 1,928 3,633 11 Subtotal 2,282 - - - 5,702 7,981 25 CividRe Tonal .4-1.0 FAR 166 -- 2,892-7,231 2,892 166 .5 Communi Colle a .1-.2 FAR 191 -- 832-1,664 832 191 .6 Elementa School -1-.2 FAR 169 736-1,472 736 169 118 .5 4 Hi h School .1-.2 FAR 118 514-1,020 514 131 • .4 Junior Hi h School .1-.2 FAR 131 - 571-1,141 571 1 Park 371 NA NA 371 4 Sublolal 1,146 5,545.12,536 5,545 1,146 Anedals/Freewa 4,063 - NA NA 100 4,613 13 '? 59 Non-Residential Subtotal l__ - 98,613-158,387 103,069 5,802 - 673 100 73 55 929 31 8 -GRAND TOTAL 24,SBd 32,557-67,252 98,613-158 387 , , -2, 103,069 7 152 19 R f re loofa a Is the roduct of probable u pper end threshold of Intensity range mu ltiplied by the number of acres, end rounded to the whole number. anga o squa g p 'Target intensity is the probable level of development. s Non-residential FAR Range: lower number is the probable FAR on average, but In some cases it may be lower. Higher number is the maximum FAR for any specific pro)ect. ° Mized Use allows both residential and non-residential uses. Table III-1e reflects the residential potential; Table III-1b Indicates non-residential potential. s Dwelling units, not square footage. Open space Is the only non-residential category that penults residential units. Numbers of unlls are maximum yield based on a target of 62.5 % of the range. The Open Space designation within the Ciry area is applied only to exls6ng golf courses. Residential potential Is therefore considered zero. °Pementa es have been rounded toe uel 100. Page III-20 The Planning Center ~ D:" 'rat Plan Iorp~nringlGP LU Mesler Reportrtdoc Octobr ~ 2001 0 III. DEVELOPING THE COMMUNITY TABLE 111-3 EXISTING GENERAL PLAN (AS AMENDED THROUGH OCTOBER 17, 2001) AND 2001 GENERAL PLAN ACREAGE COMPARISON CITY AREA SPHERE OF INFLUENCE TOTALS and Use Desl nations Existfng General Plan r acres 2001 General Plan Land Uses acres Change !n Acres Existing General Plan acres 2001 General Plan Land Uaes acres Change in Acrea Existing General plan acres 2001 General Plan Land Uses acres Change In Acres _RESIOENIIAL'~i'^`J. ".A.'"' C.4"..:~L't-. ~ Rtvxt:..-'x~q.;y e::-. w '^,?* w -rK,±r . ..ir?vq arm"`a~~'- -. ~ r`.',s'~`r °~5.... _ ... .~ ~~"o.= ~2t inr.-_: Hillside .1-2 dWac 135 127 (8 946 697 249 1,081 624 257 Ve low Densi .1-2 dWac 3,985 3,979 6 604 620 16 4,589 4,600 11 Low Densi 2-4 dWac 3,893 4,148 255 314 33 281 4,207 4,181 26 Low Medium Densi 4-8 dWac 2,011 2,042 31 2011 2,042 31 Medium Densi 8-14 du/ac 80 736 irk 736 Medium Hi h Densit 14-24 dWac 423 376 47 423 376 47 Hi h Densi 24-30 dWac 79 55 24 79 55 24 Mixed Use 50 235 165 ~ 50 235 185 Residential Subtotal 11,3$ 11,698 1,664 1,350 514 2d0 13,049 ~ j ~NONdflESIOENTIAIx~ t _"`.. -:.:_ ,. ...3 -+..~a ~',.. s~ S .i~ 'C1 Q'-' .._-, £ ~_- _ fs....1 JL:Y6.~ .,^ .:~ -_ ». - ~1. ~+y r- K* 1...'ti w ~ "x`t`i-~'3 c~2.L a .'£[.- .w G,z X=T.4~ -.,~€.t 5'3r ~e ~ a~~:'1v .-x°_- tai-m'ti Office .4-1.0 FAR 227 128 99 227 128 99 Nei hborhood Commercial .25-.35 FAR 167 W ( 167 Communi Commercial .25-.35 FAR 109 109 0 109 109 0 General Commercial .25-.35 FAR 762 528 234 762 528 234 Re Tonal Commercial 91 0 91 91 0 91 Recreation Commercial .25-.35 FAR 24 9 15 24 9 15 Mixed Use .4-1.0 FAR 158 682 524 156 662 524 Industrial Park .4-.6 FAR Haven Overla 1.0 940 855 85 940 655 85 General Industrial .5-.6 FAR 2,125 2,016 109 2,125 2,016 109 Hea Industrial .4-.5 FAR 939 904 35 939 904 35 O en S ace 0-.1 dWac 393 ~ 491 98 2,837 2,512 325 3,230 3,003 227 Conservation ~ *0 86 86 0 1,262 1,262 0 1,348 1,348 Flood ConlroVUtili Corridor 1,486 1,705 219 2,847 1,928 919 4,333 3,633 700 CiviGRe Tonal .4-1.0 FAR 19 166 147 19 166 147 Schools .1-.2 FAR 651 609 42 23 23 674 609 65 Park 409 371 38 74 74 483 371 112 Arterials/Freewa 4,161 4,063 98 73 100 27 4,234 4,163 71 Non-Reaidential Subtotal ~ 6b5 12,889 d 5,854 5,802 52 18,691 GRAND TOTAL 24,021 24,587 7,718 7,152 566 31,739 31,739 Acres roundedoff to the nearest whole number. z Mixed Use allows both residential and non-residential uses. Table III-1a reflects residential potential and Table III-tb indicates non-residential potential. City of Rancho Cucaa:onga General Plan October I7, 2007 Page Ill-2l U:1Geneml Plan for panting\GP LU Afaner Rrportdoc O N P403 ORDINANCE N0.~9q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447, A REQUEST TO CHANGE THE PLAN FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 4.79 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROADAND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1089-581-01. A. Recitals. 1. Charles Joseph and Associates filed an application for Victoria Community Plan Amendment No. DRC2006-00447, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Amendment is referred to as "the application." 2. On August 27th, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2006-00447 and issued Resolution No. 08-39, recommending the City Council approve the above listed application. 3. On October 1, 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on this application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the substantial evidence presented to this City Council during the above-referenced public hearing on October 1, 2008, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The application applies to approximately 4.79 acres of vacant land that slopes from north to south. Said property is currently designated as Village Commercial; and b. The project site is currently zoned Village Commercial and is within the Victoria Community Plan (VCP). The properties surrounding the site are also in the VCP and specifically identified as single-family residential development to the east and west in the Low-Medium Density Residential District; condominiums to the north in the Medium-High Residential District; and a small commercial retail center to the immediate south/southeast in the Village Commercial District. Further south, across Base Line Road, is the Filippi Winery in the High Density Residential District; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element by opening additional opportunities for families to have a choice of living environments and creates a P404 CITY COUNCIL ORDINANCE NO. 08-XX VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447-CHARLES JOSEPH ASSOICATES October 1, 2008 Page 2 natural transition between the Low Medium Residential District to the west and the Village Commercial District to the west; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties as the amendment will allow forthe construction of 67 condominium units with amenities and exceeds the Development Code Standards for parking. Also the surrounding properties are either residentially or commercially zoned, and this amendment will allow for a natural transition between the zone; and f. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area. The amendment allows for the construction of 67 market rate condominiums on 4.79 acres of land and this zone change is compatible with the developments in the surrounding districts; and g. That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties as the adjacent properties are either residentially or commercially zoned and changing this district to Medium-Residential would allow for a natural transition between the different zones: and h. That the proposed amendment is in conformance with the General Plan as the General Plan is also in a Medium Residential District. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Victoria Community Plan Amendment is hereby amended to change the Victoria Community Plan in words and figures as shown in the attached Exhibit A. SECTION 4: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and.adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independentjudgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. CITY COUNCIL ORDINANCE NO. 08-XX VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447-CHARLES JOSEPH ASSOICATES October 1, 2008 Page 3 c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competentjurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portion of this Ordinance, The City Council of the City of Rancho Cucamonga hereby dedlares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more section, subsections, clauses, phrases or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, circulated in the City of Rancho Cucamonga, California. P405 ~\ ,P406 ,, o°~/ ~~ P~ ..lltt A._:~:, ~~ U p, Z• ~ '°~ ~I N A•a ~ L^ i.- .N. ~. ;.. x _``s ,~~~ W W PROPOSED FWV Iroc ~ ~ HIGHLAND vc II/ L L L ~ VC ~l I M I~. LM LM `' I i~i~ LM ~ LM I LM t ~ .ar ~~~ \~ ^` I` ~/ ~r `~` \I pppp~ LM LM L I g I~. LM _ II`_ ELM _W liZ CF III.. ~"` LML LM ~ 7 li ..aw M I I LM VI M :r e~ G ~~. _ ll . vim.' /Cr LM I W ~I RR I ': ~i H V ~ M I M \\~ iL BASELINE . C RR ~ \_ ~j ~ ,. Q~~i€ Lp RR I ~, °f aver ~~jjjii.._.~ I R I MH ~ _.... jl .,~ , ~ a -RR rR~ MH ...... L ~~ i RR RR ~ I ' t '- / ~ -'MILLER ~s 6 ~~ , ~.RR~ %n.Rtf~ RR ~j~/' COMMUNITY PLAN ~~ _' ~~~"/ Victoria !~ RR ~ D ~' / A Planned Community l a ~~ -- ~.f-/ in Rancho Cucamonga RR II RR ~ /!~;' I i` ~~p i~ j~ ~i1/%~!'' LAND USE LEGEND .~~~ -~/~~OOTHILL RESIDENTIAL ; ~~ L Low 2-4 DU/A ~' ~ RR I.;~i% f 3 ~„/ / LM Low-medium 4.8 DUTA '; V ~ Gd. :.. j ~ _. M Metlium B-t4 DU/A 'i RR f ~•N% MH Medium-High 1424 DUlA i ~ ~•' ~ H High 243~DU/A I /.y' 1~ '. _ -' ,; ~ • ~y~` COMMERCIAL ~ _- CF Community FaWllry I ~ ~ /,• ~'~ - RC Regional Center ~:~ ~ RR Regional Related Off¢elCommercial VC Village Commercial REVISED DATE 06/01/01 NOTe: Hatchetl area represents privately held lantl not in the plannetl community. P407 I- - - D MM 0 c _~ I ~~~ ~. ~ RR ~ l ~ ~ S(fI l' ~ RR Y I~ N ~I ill' I RR RR ICI. I, ~ ~~' ,~ RR J RR (, `; ~ < E c 0 v I i ~ -~ '-~ Ili ~ ~~ .I ~ g RR ~ ' I ,~ ; ull.~ ,III ~~ • i I i ~I ~- i !l I I~i. l ~, I-'( UJ. IAI 1 MM ~ ~' ~ ~! av 777yBBB~ LY~~~ e.~R: __ v ftll `' LM -~RT/`i eAaeut RYD c •:$~. f VC )' < Y ~~ \ Ira` z I b0 +gpu`W nO JC~ O ~I '~ '~ YW ~ o ~ LY „Q o ~~~, --"A.~ C YM yp\ O \ @~i LLL ~11~A~DA ~MD~K .'~ of aA4 I ~ I .LAII AMA ~1 I.I I, ~ q RR pµ YR { i CN[ ~/ ~~ a i~l~~'u /\~1~ J ~ I; RR ra III' I ~ I l lxfl RR RR ~ j/ VICTORIA -LAKES COMMUNITY PLAN Victoria A Punned Community in Rancho Cucamonga ,h. _ ___ P408 ~y LAND USE LEGEND / QESIDENTIAL a,y a~ Du/A LM lDWYEDIUM a10U/A Q MEDID4 ~.Ia DU/A MN MEDIDIH/ICN lA•]a DU/A COMMEYdAL I~ eE:.aNAt cENrse v4 QEi.10114L QF3ATED OFFICE/COMMEA.:LAL NOTE NATC:NED •IE/. F£~QESENIS ~NVATFIY NELD 4ND NOi IN THE ILAN NED COMMCHfIY vC Vliaae CDmme„iai R~VIS=D DF;T a~ ~, U~ ^ ~ U ^ ~ L L O ~ _~ O ~~ ~~ ~ O N c ~ L ~ U ~ ~ U o U C ~ U ~ ~ ~ ~ ~ U o ~ U~ O ~ O O ~ N ~ c~ ~ ~ U ~ O U N ~ o ~ ~ U ~ -. ~ ~ ._ L ~ ~ ~ ~ ~ - ~ ~ ~ C cn O ~ ~ ~ ~ o ~ i 0 L O CU ~ O o o ~ ° ~ ° o ~ ~ o _ ~ ~ > o O ~ ~ > w O O ~' ~+- O ~ O ^] ' r I ~ f N j ~ ~ ~ > __ O ~ o ~ ~n . . ^ ~' U .. 0 c6 N N C O ~ C _ ~ ~ C~ V L i O L~ c ~~ c~ ~ _~ ~ O O `{- 0 U ~ ~ ~ C ~ -~ U ~ O L ~L N ~ ~ ~ ~ ~ ~ ~ C ~~ ~ o a c ~ Q = .y~ ^~ ~, v ~ ~ `•' X S 3 -~~~ ~ ~ a~ ~ U ~ ' ~ ~ N ~ ~ ~ O ~ ~ (a ~ L ~ ~ C Ca ~ O U ~ O L~ ~ L ~..~ •~ ~ O ~ to .~? 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F`~9 \ nnotion ~oo ~ t y %1 ~, ~, ~, ~' ~, ~; ~1 ~1 ' .S or1 ooou m mm d N ~ I 0 (6 h^ tinnn on ooc ' i C x) 1 7 't ~ ~ v C a u o a nnnnnn non r d Y 1 t`1 1 1 t`1 1.1 N N U 'z E d ri n ~ ~ ri f' ri n g ~= ~ d ` ~ r,A U m a^ oa o u O L U C (6 ~ ~ _ ~ O ~ i a ~ ~ a m U >° ¢ m' ~r ~ ~~ ~a ~--+ ~~ W ^~ MW W L .~..r _~ 0 a-+ U Q O L ~F- ~-~+ .~ U U (0 L ~--i N C~ . ; U O L Q 0 U .~ U ~_ ~U w a--+ L ~F- C 4-- O C O (~ N L C U ~~ .}~+ L O .~ L .~ N- 0 a-=~ f/1 N C~ STAFF REPORT PLANNING DEPARTMENT Date: To: From: By: Subject: October 1, 2008 Mayor and Members of the City Council Jack Lam, AICP, City Manager James R. Troyer, AICP, Planning Director Jennifer Nakamura, Associate Planner P409 RANCHO CUCAMONGA STATUS REPORT ON THE DEVELOPMENT OF REVISED MODEL LANDSCAPE ORDINANCE ON COMPLIANCE WITH AB1881 INTRODUCTION This report will outline the efforts undertaken by staff to develop a revised model landscape ordinance in order for the City of Rancho Cucamonga to comply with the requirements of AB1881, passed by the legislature and signed into law by Governor Schwarzenegger in 2006. BACKGROUND AB325, passed into law in 1990, required the California Department of Water Resources (DWR) to develop a model water efficient landscape ordinance. The objective of the ordinance was: • To promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible. To establish a structure for designing, installing and maintaining water efficient landscapes in new projects. To establish provisions for water management practices and wastewater prevention for established landscapes. Cities and counties could adopt the Model Ordinance, adopt their own ordinance, or issue findings that no ordinance was necessary. If no action was taken, the Model Ordinance automatically went into effect. As of 1993, 257 agencies adopted a different type of ordinance, 59 agencies issued findings that an ordinance was not necessary, and the rest either have the Model Ordinance or a similar ordinance in place. In 1990, the City of Rancho Cucamonga approved a Xeriscape Ordinance, Section 19.16 of the Municipal Code, that met the requirements of AB325. In 2004, AB2717 was passed, that requested the California Urban Water Conservation Council (CUWCC) to convene a stakeholder task force composed of public and private agencies, to evaluate and recommend proposals by December 31, 2005, for improving the efficiency of water use in new and existing urban irrigated landscapes in California. Based on this charge, the Task Force adopted a comprehensive set of 43 recommendations, essentially making changes to AB325 of 1990 and updating the Model Local Water Efficient Landscape Ordinance. P410 STATUS REPORT ON THE DEVELOPMENT OF REVISED MODEL LANDSCAPE Pncs 2 ORDINANCE ON COMPLIANCE W ITH AB1881 OCTOBER 1, 2008 The recommendation of the bill charges DWR to update the Model Efficient Landscape Ordinance. The Water Conservation in Landscaping Act of 2006 (AB 1881) enacts many, but not all of the recommendations reported to the Governor and Legislature in December 2005 by the CUWCC Landscape Task Force (Task Force). AB1881 requires DWR, not later than January 1, 2009, by regulation, to update the model ordinance in accordance with specified requirements, reflecting the provisions of AB2717. AB1881 requires local agencies, not later than January 1, 2010, to adopt the updated model ordinance or equivalent or it will be automatically adopted by statute. Also, the bill requires the Energy Commission, in consultation with the department, to adopt, by regulation, performance standards and labeling requirements for landscape irrigation equipment, including irrigation controllers, moisture sensors, emission devices, and valves to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water. AB1881 requires that the model ordinance shall include the following elements: • Provisions for water conservation and the appropriate use and groupings of plants well adapted to particular climatic, soil and topographic conditions. • A landscape water budget component to establish a maximum amount of water to be applied. • Encourage the capture and retention of stormwater onsite. • Provisions for the use of automatic irrigation systems and schedules based on local environmental conditions. • Provisions for onsite soil assessment and soil management plans to prevent excessive erosion and runoff. • Provisions for landscape maintenance practices that foster long-term landscape water conservation. • Provisions to minimize landscape irrigation overspray and runoff. Developmeht of the Updated State Model Landscape Ordinance In February, 2008, DWR released a draft of the updated Model Landscape Ordinance to jurisdictions to review and comment on. City staff in both Planning and Public Works conducted extensive reviews of the Model Ordinance during the public comment period. Below is a brief review of the Model Ordinance as it was proposed by DW R in February. The new ordinance applies to any new or rehabilitated landscape 2,500 square feet or greater that requires a permit, plan check or design review. This includes public projects, all new construction (commercial, industrial and residential) as well as individual homeowner landscape projects. The principal behind the ordinance is to develop a water budget for any given project and allow individuals flexibility in determining the type and quantities of landscape that can be used within the given water budget. The water budget is a calculation of how much water a landscape requires or is allotted in order to maintain health, appearance and reasonable growth. The water budget is based on the P411 STATUS REPORT ON THE DEVELOPMENT OF REVISED MODEL LANDSCAPE PnCE 3 ORDINANCE ON COMPLIANCE W ITH A61881 OCTOBER 1, 2008 maximum applied water allowance (MAWA). This calculation is based on 70% of the evapotranspiration rate for the local area multiplied by the total landscape area. This provides you with a total number of "billing units" of water a given landscape is allotted. To determine if the proposed landscape will meet the water budget, the applicant must provide the Estimated Annual Water Use (EAWU) for the landscape proposed. This calculation is based on the evapotranspiration factor, plant factor, and square footage of landscape and irrigation efficiency. If the EAWU exceeds the MAWA, the landscape plan should be revised. The Model Ordinance requires applicants to submit a detailed landscape documentation package that includes: • Water Efficient Landscape worksheet -this provides information on the groups accountable for meeting the requirements of the ordinance as well as narrative information on the water use efficiency applied to the project. • Soil Management Plan -this includes an assessment of the soil of the project site through laboratory analysis as well as recommendations from a qualified soil specialist. • Landscape Design Plan -this will determine the type and location of plants within the project area based on the water budget. • Irrigation Design Plan -this plan determines the type and location of irrigation used to meet the needs of the project, within the confines of the water budget, based on the requirements of the ordinance. • Grading Design Plan -this will show the elevations of all landscaped areas, taking special consideration to avoiding natural drainage patterns and soil compaction in landscaped areas. Once the City has reviewed and approved the landscape package, work on the site can begin Prior to completion of the project, the applicant will need to submit a completion packet that must be reviewed and approved by the City and submitted to the local water agency prior to approval. The completion packet consists of: • Certificate of Completion -this certifies that the plants were installed as specified, the irrigation is installed as designed and an irrigation audit has been performed on site. • Irrigation Schedule -this is designed to set the optimal schedule for irrigating the site to utilize the minimum amount of water required to maintain plant health. • Landscape and Irrigation Maintenance Schedule -this consists of a regular maintenance schedule including routine inspection, adjustment and repair of the irrigation system, maintaining the landscaped areas as well as the schedule for conducting irrigation audits of the landscape as prescribed by the ordinance. • Landscape Irrigation Audit -the results of the first irrigation audit shall be included in the completion packet. P412 STATUS REPORT ON THE DEVELOPMENT OF REVISED MODEL LANDSCAPE Pnce 4 ORDINANCE ON COMPLIANCE WITH A61881 OCTOBER 1, 2008 Once the City has reviewed and approved the completion packet, a Certificate of Occupancy (or equivalent) must be issued for the project. The Model Ordinance now requires the conducting of irrigation audits for landscapes at prescribed intervals. For landscapes of one acre or more, the property owner is responsible for completing an irrigation audit every five years. For landscapes between 2,500 square feet and one acre, the City is required to: • Conduct an annual survey and identify customers whose landscapes exceed 80% of the local evapotranspiration rate for a year. Annually conduct irrigation audits on 20% of these landscapes, with the cost of the audit to be charged back to the property owner. There is also a provision in the Model Ordinance that prohibits water waste due to inefficient irrigation practices. The penalties for such water waste are to be determined by the City. Impacts of the DWR Model Ordinance City staff in both Planning and Public Works conducted joint meetings and individual reviews of the Model Ordinance and determined that the Model Ordinance, as written, had significant issues in its execution and an even greater fiscal impact on the City. The items listed below are only a brief vetting of Staff concerns: • The requirement for local ordinances to be "as effective as" the Model Ordinance is unclear. There is a significant disconnect within the Model Ordinance when the City is not the local water purveyor. The ordinance places responsibilities on the City that are under the jurisdiction of the Cucamonga Valley Water District (CVWD). There is also a requirement for ihformation sharing of detailed, property specific information that conflicts with privacy requirements for CVWD. The sites that could be affected by the Model Ordinance have been the subject of much speculation and confusion. While currently we do not require permits, plan checks or design reviews for residential landscape rehabilitation, does the ordinance imply that we will have to? Also, if a resident installs a swimming pool, which is required to be calculated as landscape, will residents need to include landscaping as part of the pool permitting process? Water usage for landscapes cannot be accurately measured because all water usage (building and landscaping) is measured from the same meter. This affects the ability to determine customers exceeding 80% of the evapotranspiration factor. • Some of the technology recommended or required in the Model Ordinance is unproven. • There is little enforcement written in this ordinance. P413 STATUS REPORT ON THE DEVELOPMENT OF REVISED MODEL LANDSCAPE PncE 5 ORDINANCE ON COMPLIANCE WITH AB1881 OCTOBER 1, 2008 • The technical expertise required to review these plans is not readily available within City staff to adequately review and approve these plans. This will require additional staff or additional training. This will have a direct fiscal impact on the City with only minimal cost recovery through the charging of fees to the applicants. On March 27, 2008, a public hearing was held at the Inland Empire Utilities Agency by DWR on the draft ordinance. Cities, water purveyors and the landscape community across Southern California spoke out about many of the issues outlined here and additional concerns from their local jurisdictions. The DWR recently announced via its website that they have made changes to the Model Ordinance in response to public comment and staff recommendations. The revised Model Ordinance will be released for another public comment period in Fall 2008. As of this report, there is no date set for the release of the revised Model Ordinance. Inland Empire Landscape Alliance In response to the passage of AB1881, the Inland Empire Utilities Agency (IEUA), coordinated the development of the Inland Empire Landscape Alliance (Landscape Alliance). The Landscape Alliance is a voluntary collaborative working group in which landscaping policies will be reviewed and implementation coordinated. It is the goal of the Landscape Alliance to: Provide a unified voice in recommending landscaping related policies within the Chino Basin. • Ensure that landscaping ordinances meet or exceed the new standards laid out in AB1881. Identify needs and share information that will support all city and agency landscape efficiency and water conservation development programs • Access funding opportunities including federal, state and local grants that will support this effort. The Landscape Alliance has been instrumental in disseminating information on the Model Ordinance and assisting local jurisdictions with knowledge sharing and education on water conservation practices. The Landscape Alliance developed a technical committee in June 2008 to write a collaborative Chino Basin Model Ordinance that will be "as effective as" the state model ordinance. The structure and language are based on other local water conservation ordinances already in place, with additional elements coming from the DWR Model Ordinance. The goal is to develop a model ordinance that can be taken to all the jurisdictions within the Chino Basin for review and adoption. The Chino Basin Model Ordinance is being written with the intent of allowing each Member City to modify the ordinance as needed to meet local conditions. The goal of the technical committee is to complete the development of the Chino Basin Model Ordinance by November 2008. This gives member cities one year to develop, modify the ordinance where needed, develop an implementation plan, and adopt the ordinance ahead of the January 1, 2010 deadline. This timeframe will ultimately depend on the scope of changes made to the Model Ordinance by DWR, but the impact is anticipated to be minimal. P414 STATUS REPORT ON THE DEVELOPMENT OF REVISED MODEL LANDSCAPE PncE 6 ORDINANCE ON COMPLIANCE WITH AB1881 OCTOBER 1.2008 CONCLUSION The development of a Landscape Water Conservation Ordinance meeting the standards set forth in A61881 has been made significantly easier-due to the efforts of the IEUA and the development of the Landscape Alliance. Further, it is the goal of the IEUA to assist in providing technical resources needed for member cities to successfully implement the Chino Basin Model Ordinance and work to conserve our precious water resources now and in the future. Respectfully submitted, ~- d~ Ja s R. Troyer, AICP Planning Director JRT:JN/Is W ~~ ~^ ~.L r 00 00 r m Q =+ ._ O U ~_ U N N O U O ~ C _ .~, N N ~ U Q ~ U ~ U o ~ ~ > ~ ~ ~ ~ U ~ ^^'' ^` W Q W O . ~ ~ ~ ~ U ~ ~ ~ N . N ~ .~.' O ~ (~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . N ~ . W U ~ ~ ~ ~ .-. ~ L ~ ~ O ~ ~ ~ ~ O ~ N L N ~ ti M O N ~ m ~ m ~ Q ~ (6 Q N (~ ca N ~ N ~ U Q ~ ~ ~ o L ~ o ~~ N U ~ ~ N ~ ~~ C ~ N .I. ~ O ~ O C6 N ~ .~ - ~ O M ~ M O ~ ~ m ~ Q +~ O N cv O .~ a~ L ~ O ~o ~ N ca ~ ~ ~ ~ ~ ~ ~ ~ U ~ I U C6 .~ O U J O O U L L .~ .; ca Q ~+- O .~ Q .~ L Q ca a--~ C N O Q O U L Q. U Q D L ~--+ c~ ~_ ~X O ~. 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N QQ X N Q ~ O ~ ~ ~ U ~ ~ U ~ U N _O ~ ~ ~ ~ ~ ~ U i c~ ~ ~ c~ ~ o ~ ~ ~~~.~ ~ ~ ~ Q a=.' .~ ~ ~ N ~ i' ~ ~ ~ ° ~ ~ L ~ +~ O ~ ~1 (/~ .. ^L, (~ _W W >~ U ~ > +r U C6 0 a~ 0 a--+ Q ^ ~~ W ~ ^+ L ~{J Q ~~ ~ ~ ~ I1 U C6 U _~ ~ Q 0 }^^,,+ W L O U Q U ~ ~ U ~ ~ ~ C~ ~ ~ ~ -- - ~ •- ~ ~ O~ ~ ~ ~ •- O ~ G ~ _~ ~ C~ ~ ~ ~"~ ~ ~ .U Q a a~ .. a~ ~ ~ U ~ ~~ o o a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U J ~ .~ ~ ~ Q ~ ~ ~ •~' ~ .N O ~ ~ cn o ~ c~ Q ~ ~ ~ ~ ~ W (~ U O ~ L (n ~.:~ _ N ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ cn ~ .L C~ ~ - U I I I I I U C~ ~_ O ~ ~O ~U c~ ~, ~ ..~ ~ (~ U c~ _o _N Q. 0 O O a~ U 0 a--+ O O a~ U N U U I ~~ _o ('6 .~ L N L c"n a~ .~ O .~ L N J I Q 0 .~ L U J I N -~-+ N 0 c~ -~ c~ N N .~ a~ U L U C ~~ .~ U ~+_- N U c~ (~ Q N o ~o _N ~ Q ~ O i U L ^, W }~ U O ~ ~ U N ~ OU cn O CC3 N ~ ~ ~ ~ ~ ~ N -- O ~ ~ ~ ~ ~ a ~ ~ ~ L ~ . ~ ~ _ N ~ (~ U O L L 0 ~ ~ ~ Q ~ ~ O N ~ ~ ~ ~ ~ O O ~ N ~ ~--+ ~ C ~ CR ~ ca ~ ~ C ~ ~ N to O C6 ~ ~ +~ ~ .U ~ ~ O ~ • (n ^` L L V ! ~ ^ ll L ~ i ~ • ~ >' X L ~ c~ U ~ ~+ cn ~ (a QO Q~ ~ U O U O p ~ p ~ ~ ~ ~ ~ ~ ~ N ~ O ~ ~ ~ ~ ~ • O •O N ~ ~ O ~ ~ ~ O L •~ O O N ~ ~ ~ ~ ~ ~ (a p U N O N tTf O ~ ~ U (a O ~ > ~ O (n ~ ~_' _~ ~= U (~ ~' ~ N ~ ~ ~ Ca ~ ~+ ~ ~ ~ U ~ ~ ~ O O ~ •~ ~ ~ N (~ ~ c ~ ~ O ~ ~ U ~ U v _~ U O ~ U ~ ~ ~ ~ ~~ . ~ ~' ~ ~ O~ ~ ~ O ~ ~ ~ N H • .L O O N Q .~ U • L ~ O ~, U ~ ' ca Q >' N ;~, ~ ~ ~ ~ ~ ~ U ~ O - ~ O ~ ~ Q -~ ~, O U ~= N ~ • ~ ~ ~ ~ O ~ ~ ~ -~ ~ ~ ~ O ~ U ~ ~ O ~ ~ ~ _ ~ (~ ~ ~ ~ L.- (~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~~ ~ ~ Q~ ~ U ~ .~ ~ ~ Q. ~ ~ N ~ J • U ~.: ~ ~ ~ ,~r,'° C6 .`~' ~ ~ ~ ~ U ~ o ~ .~ +-+ (~ ~ ~ ~ ~ O '- N •- ~ ~ -~ ~ v ~ -~ ,(~ - ~ ~ Q~ ~ •~ ~ ~ ~ ~ ~ ~ a ~~ ~ ~ U ~' a ~ ~ ~ O ~. ~ ~ ~ r L ~ ~ ;~ ~ ~ ~_ ~- ~ J • • (~ Q ~ Q ~ U ~ ~ ~ ~ ~ ~ ca .~ ~ t6 N L C ~ ~ ~ O ~ ] ~ ~ ~ Q ~ ~ ~Q~ o c~ c~ ~ ~ ~ ~ 'U (~ ~' (~ U ~ (a ~ ~ can .~ ~ ~ ~ O o '~ ~ ~ ~ ~ ~ ~ Q Q ~ ~ I I C .Q U N ~ > C N ~ ~ O ~ ~U o ~ c U ~ ~ ~ ~ •~ ~ O .~ ~ O Q ~~ ~ a~ .~ ~, a~ ~ ~~ .~ U ~ ~ ~ ~~ ~ U ~ ~ ~ ~ ~ ~ .~ I ~ ~ U ._ Q U J C ~ ~ O ~ ~ ~ 4- O O N N (~ .~ W N Q 0 O ~. N U Q U C J O U (~ Q U (a J N H ~_ U Q .~ '~ U_ .~ Q O .~ N co °o U O N _N Q N .~ N O m U (~ Q U J i ~--+ (~ c~ N U C .~ m C U O N N L .~ N Q U .~ Q U U (~ Q L ~--~ O _~ O c' -a o ~ .~ ~ QL ~ U U ~ ~ !n ~ X ~ ~ "d O ~ (6 L -_ ~ L ~ ~ •~ ~ ~ ~ ~ O O ~ ~ ~ c ~ ~ ~ ~ ~_ ~ •~ cn m V M~ eO~ U ~ ~ ~~.+ rV9 CQ ~ L V L O .~ C Q ~ O O •~ O U O N L ~ ~ L U L ~, C (~ ~, c .~ ~ ~ p ~ uvi ~ ~ ~_ ~• a~ ~ c~ ~ ~ ~ ~ ~ cv c 'Q ~ N ca o o ~ ~ U !n ~ ~+ N Q L ~~~ ~~ C U > O+r ~ L O C N ~ `~ N C6 ~ ~ ~ ~ ~ C C ' V +-~ C '~ ~ ~ ~ ~ ~ _ N N O ~~ N ~ ~+~~ !A U O ca ~ N N V~ V '~ ~ ~ W ~ ~ c~ ~ Q ca ^~ W .? ~ ~ U ~ ~ ~ ~ ~ ._ ~ Q ~ ~ U ~ ~ ~_ V• Q J ~ J N r M~ W r m Q 0 N ^~ W .'~^ -ivj O N U .~ O N O N W 00 L ~M W ~ Q o ° o c' U ~ ~ ~ ~ ~ ~ O ~ co co ~ L .~ .~ ~ ~ O a--+ (~ ~ ~ ~ ~ ~ ~ a~ o `~ ~ ~ ~ ~ Y O 0 I I U 0 N O ~ > ~ N ca ~--+ O ~~ _~ °o coo U m I U .~ C~ G N ~--~ ~--~ .~ U .~ U N (~ Q Q U J F .. W U ~ .~_ ~ ~ ~ ~ ~ m .. p C ~ (a o U L ~ O O ~ ~ U t6 O ~ ~ O U L ~--+ L Q~ O ~ ~ ~ ~~ ca ~ ~ ~ ~ O ~U o ~ U ~ .~ U ~ U ~ O ~ ~ ~ U ~ o L Q~ O ~~ C c L ~_ ~+ (0 O U N .~ L N ~_ ~U W N L N O Z O N O U N W 0 O ~?M1 n ; 1 G~ t k T 2 ~ ~ O O ~ ~ ~ ~= U ~ U ~ a~ ~ U ~ ~ ~ O .~ V ~~ ~~ ,~ ~~. ~. ~~~~ .~ ..:~ <Q as W r~ n •~ 0 •~ e',~ ~^ .~ •~ w ~. ~~ ~~ V J 00 r • NQ a L U L f6 ~~ W O ._ N -~ _~ Q. L 1 Ax~ > W 0 ~--~ ~ ~ .L ~ ~> ~U ~ ~ O W Z I I U L Q U ~L X '~ O ~ ~ .~ I~ (~ ~ . Q Q ~ ~ U O ~ O ~ _ ~ ~ U .~ ~ ~ ~ p ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ U .U -- ~ ~ ~ p ~ ~ ~ ~ a~ ~ U _~ ~ ~ 0 0 .- ~ ~ ~ Q v ~ a, ^^ ~ ~ o . ~ ~ v c~ > ~ cn ~ ~~' `'. .~ ~ (n ~ ~ to > N ,. ~ ~ ~ ~ O V :W ~ ~ ~ ~~_ ~ ~ ~ c ~ O ~ .~ ~_ N ~ c~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 I ~ I I cnQ • . . . ~~ a •~ O 0 F •~ ~~ a~ ~~ . .. W Q VJ ~U U zV w N a W Q O ._ ~--+ U .~ 0 U L.L Q O U A/ U J 0 W Q ^~ W '^~ V! O .~ :~ O .~ L 0 U O z L.L O ~ U ~ N ~+ C 0 U U .~ .~ ~~ L~ W U ._ D L -F-+ U Ca L ~--+ N (Cf L •L 0 C .~ ~+ ~L C Q L ~--+ U (6 C/) \° 0 0 0 • oc a L a .. E 0 c a~ U b • ~I •~ h= ~• r _~ (/1 C~ N _N ca ~_ ~U N N ~O L Q .~,..r U c c~ .~ Q I ~-. N U (6 O Q L. a--r a~ Q ~_ ~X (6 Q Q I ~~_ /~~')~ l~p~•7 ~. O ~' O m m ca 2 -~ N a N L _~ U R c O c~a V U t ~ - R MY rp A~ i~y ;~ a ,i c ~ ua ii ~ N ~! a a ~ i ii i .C ;~ r+ W ~ i 1 II r. it .Q ~ ~ ca d Q i! I `° N I~ L NN Q a ^ ~~ it ~ c J Q I,' I c ~~ > G II .I. ~ f< Z ;i ' ~~ 0 0 0 0 o e e 0 0 0 0 0 0 0 N a M N ~ 0 0 0 N M V G+• 4~ 0 . V) ~ U c~ ~ ~ o +~ ~ a~ Q~ ~ > ~, V U O Z ^ 0 N ~ U ~ a • a = _ s ~ a~ ~ ~ ~ ~ ~ o 0 0 ~ ~ c~ o M V ~ N ~ \° ~ N ~ ~ II U •~ O ~~~ li .~ Q 0 ~--+ Q -~ (6 Q W D U _~ U U N o', ~i ~ u, ~ '" o m j J 1 a w ~ a c ~ a c^rs y-' c~ c v~ ~~ c~ 4~ 4~ "'d ~~ ~~~~ ~~o __, ~' ''~, ~k I U ~ .~ ~ Q o ~ ~ Q . ~ '~ ~ ~ ~ ~ ~ ~ U ~ m • • • O +~ ca ~ ~ . ~ . ~ U 0 ~ ~ o ~ ~ U o ~ ~ ~ U ~ ~ ~ ~ N 'X cn J Cn ~ O i O .U Q .~ ,A '~. i I f ~~ ...5 ~~ h._ ~/ • ~ i~ /~A' I L ~ ._ Q ~ L ~~ II •--+ L a--+ ~--~ (~ O / ~ n O • • • ~, J h 6~ _., ,~ ~~ _1 ~ ~~ 1 ., i Yf - 1 I' i '~~h , '---r C _ ~~ L i.. ~ O _ Q ~--~ O Q Q ~ ~ N ~ ~ O ~ O ~ Q U ~ ~ a~ ~ ~ U .O ~ ~ L ~ N ~ ~ • • • -~--~ O U ca O N o ' , ~. P - ~y ~~: jv _ G .~ 4 } ~ ~ O ~ t 4 .~ } i .u ~~ ~ ~ .~ .~~YV t '~~~' ~ L "~ ~ .~.+ :~- ~~~ >-, .- ~ ~ `~ ~ O . }, a' V U ~ ~ ~ ~ ~--' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~ ~ ~ °' ~ ~~ ~ ~ ~ ° ~~ ~ .~ ~ . ~ ~ >, ~~ ~ ~ ~~, a~ • ~ ~ ~ `'~ ~ ~ ~ ~ ~ N ~ ~ (~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ N r. _ ~ ~ ~ ~ ~ U c~ c~ a~ ~~~ j _ a~ i` ~~ ~,I , .~ ~ 5~.~; i ;~ u ~ A ~' ~~~. ~~~ , ::tai ~• ; ~ ;~ f~~~ , , ~. ~ I ~L. 1 l.~t ~ ~ :~ F z, ` 1 ~ ~.~~ Sb~~ -1 ~U-,1 1 tom ~' ~ ti ~ ~/~ ti : ~..1d.~ , = ,. ~(_ ' _ I'~~$NIc~~- .r W s,~.~~ii .• ; 711• ~1.I y~~J .. , L~~ ~i`iY ll • .;, "j(W~~~~ 'r-r.~r. ~ ... ~ F. .Z ~~.~ ~~~ - ~i-!:. ~i~r~,.,. L-~. ~ _.._. l .• •~ r:. ~~ N VJ 0 ~. a~ L C~ Cn • .~^• W ~~ (a 0 .~ 0 0 U _~ L • 41 a--+ U .L ~ ~ ~.. - ~i O • L +r ~ O +~ • ,~ C j ~ ~ O ~ i O ~ ~ ~ O U ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ ^ ^11 W ~ ~ ~ 'f ~I `~V o ~ 0 V ~ •- .~ ~ ~ ~ ~ ~~ :2 ~ ~ • O ~ uJ ~ m ~ ~ ~ ~ ~ ~ U ~ ~ ~ ~_ ~ ~ ~ ~ ~ U ~ ~ ~ U L ^^11 W U •~ >~ ~ ~ ~ 00 O Y I .~ a--+ STAFF REPORT CITY OF RSNCHO CUC.AMONGA Date: October 1, 2008 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Marketing Subcommittee Members Gutierrez and Williams P415 RANCHO C,,UCAMONGA Subject: DISCUSSION OF THE ARMED FORCES BANNER PROGRAM RECOMMENDATION It is recommended by the Marketing Subcommittee that the City Council: Remove all reference to families paying for a military banner 2. Approve a new design for the armed forces banners displayed in honor of the military personnel serving in the United States Armed Forces 3. Modify the brochure to highlight that banners are being sponsored through community donations; modify application information including the need for a picture or digital image of the military service person; and broaden the marketing outreach for the banner program. BACKGROUND/ANALYSIS In August 2008, the Marketing Subcommittee began meeting to evaluate the procedures of the Armed Forces Banner Program and discuss ways in which the program could be modified to better meet the needs of the military families residing in Rancho Cucamonga. One of the primary issues .addressed by the Marketing Subcommittee was program funding. Since the program's implementation in 2005, funding for the armed forces banners was provided through contributions received from military families, members of the community, and the City of Rancho Cucamonga. The Marketing Subcommittee's goal was to identify a means whereby banners would be fully sponsored. On August 5, 2008, the City received an offer from a local organization (that wishes to remain anonymous) to sponsor the cost of the armed forces banners displayed throughout the community. This sponsorship will cover the cost of fabrication and installation for banners ordered from this point forward. The Marketing Subcommittee recommends the City continue funding the costs of the banner hardware and the maintenance and administration fees associated with the program. The Marketing Subcommittee evaluated the terms of the proposal with staff, and is recommending the Council accept the generous sponsorship offer. With this new sponsorship the city will no longer ask military families to pay a portion of the cost of the banners. However, should family members wish to donate to the banner purchasing fund, that information will be provided upon request. The City will invoice the sponsoring organization on a quarterly basis for any banners ordered during the preceding time period. A second issue that was addressed by the Marketing Subcommittee was the design of the armed forces banners. In the past, the City has received feedback from members of the community who expressed difficulty in reading the names of the service people identified on the banner. The primary reason for the difficulty in identifying the service persons name is the color of the font and it blending with the flag image displayed in the background of the banner. The Marketing Subcommittee received suggestions from the public that attended the Subcommittee meetings on a new style for the banner, which included a much more simple design with a solid background color that brings immediate attention to the name of the service person. The Subcommittee also recommended adding the service persons photo to the banner in order to bring greater recognition to the person being honored. In addition, staff presented the Subcommittee with P416 DISCUSSION OF THF_ ARMED FORCES BANNER PROGRAM PAGE 2 OCTOBER ],?008 additional recommendations on modifying the size of the banner to a shorter, wider display, which should allow for larger font and greater visibility of the name. Based on the recommendations received by the public and the Marketing Subcommittee, staff contacted three banner companies to request price quotes on the cost to fabricate and install a banner that meets the Subcommittee's proposed specifications. Dekra-Cite Industries, the company the City is currently using for banner services, came in with the most affordable quote and developed sample banner designs based on the Marketing Subcommittee's specifications. The Subcommittee reviewed multiple banners designs, and selected a design with a white background that provides the greatest visibility of the serviceperson's name and photograph. Attached is a sample of this banner design which includes photographs of service people from all six military branches (Army, Navy, Marines, Air Force, Coast Guard, and National Guard). The new banner design will be used for all future applications from military families. The Subcommittee is also recommending that all families that currently have a banner on display be contacted to inform them of the new design and determine if a new banner is desired. In order to provide the new banners to families currently involved in the program at no additional cost, staff will work with local service organizations, community groups and individuals to request additional donations that will fund the cost of replacing the banners that are currently on display. All individuals and organizations that donate towards the Armed Forces Banner Program will be thanked and recognized in a biannual ad placed in the Grapevine, RC3TV, and the City's website. The final issues addressed by the Marketing Subcommittee were the changes to the brochure that are needed and how to improve the marketing outreach of the Armed Forces Banner Program. The program was previously marketed to the community through information displayed on the local RCTV Channel 3 and in the Rancho Cucamonga Reporter, which is mailed to all City residents in the Grapevine quarterly recreation guide. The Armed Forces Banner Program brochure has also been available to residents at City Hall and on the City website. In addition to these marketing avenues, the Subcommittee recommended that staff provide brochures at the local community centers and libraries, the fire stations, the local VFW and American Legion posts, and the local Blue Star Mothers' organization. Staff will also post the names of the service people involved in the program on the City website. If participation in the program grows beyond the capacity of poles on Haven Ave. where the banners are currently on display, staff will begin installing banners on Base Line Rd. beginning at Haven Ave. and moving east towards Milliken Ave. During the meetings of the Marketing Subcommittee, members of the public offered assistance to the Council in identifying service personnel who should be recognized with a Gold Star banner. The Subcommittee expressed appreciation for the offer and welcomed the assistance so that a Gold Star banner could be displayed to honor the son or daughter of a Rancho Cucamonga family who has given their life in service to our country, Upon approval of the new banner design, staff will begin marketing the program to the community and mail brochures to the families that are currently on the program interest list. Respectfully submitted, Rex Gutierrez ~L~~/VL Marketing Subcommittee Member Diane Williams ~ (/G Marketing Subcommittee Member Attachments: Sample Banner Design and Sample Brochure ~~.~,. N O O ~ C 3 01 V ~ ~ ~ C ~ ~ O O 01 ~ O ?• 0 3 ~ ~ ~ C ~ ~ N O ~ n ~ O y' ~ ~ n c 3 ~ c ~ c ~ e ~ ~ ~ ~ ~ ~ ~ y 3~ a n t ~, ~ ~ ~, 3 n ~ o ,~ ? c 0 ~ 0 -• ~ ~ a, o °~ ~ moo' ~~ a- ~ y ~ e~ ~ ~ n ~~ ~~ om O -n~o o~ ~, x ~ ~ hoc ~ ~ ~ nm m oco~ ~~~° n ~:too~ W C)~~ ? ~ ~cao o n~ O o ~~~ x co ~ ~ ODNnv~~p N aAooD ~m 3 ~~ ~~ ~ w ~ o O ~ a~ ~~ ~ ~ ~ O ~0~.. ~ O ~ 8 ~tid O O +,• ~ H 0' d ~ lD O ~ ep O ~ p c~ a O b- 4 0 0 n 4- ~ 1 O~ .O+ 1 0 p a ~~01 `~ eD ,~- j ~ ~ ? ep .• .,, ? N' ? ~ O n A d~ O fD O 3 ~ ~, c ~ n y O 4 ? ~ j 0 3 ~ ~ ~ ~ 3 n ~ ~ `° ° ~ 3 m °' o ~x ~ ~~ ~~~ y o~ a~~ ~ ti ~ .~. ~' ~ '~' O ~. ~ ti O H ~ ~ O ~ A C O ^~ l~ r~ r n +- m . t o .. o ~n $c C ~o 9 `. ~ e 'S ~ ~ Q ~ amy w3 0 C ~~ C u ~- m ~2 ~ L$ ... O G L V 4 C E LL- m o 'O ~ ~ A Q ~ G aq M m O C o ~ a~ 4~ r C C e ~• W = a Y , t ~ Z ~ ,~ A u ~ - =0 Q~ f- t - K 0 V E C 4 V; W ~~ 3 ~ O C L e o e ~+ 0 c w ~ w cQ i~ umm Q t ~ppa r 6 Y b C ~ C O C ~ ~ . L P417 ti QI 3 u aG ~~ _t ~Ec c '3 ~ a m ~ aE~ y G O c ~ ~ o~ ~ o `0 C N ~ O V 'C i0 Z~ y ~ G ~~hy O 4 Co.Q U "' .~~` d~~ Fes- y N v N C ~. Of y/ ~ C ._: O t ~ G 16 «~ ~ tU C O ~ 3 ~ ~l m V t p ~ C~ ~ ~ C= ~ «. E aDOC ` c c ~ ~ °> c ~ ~` y ~ m o O ~ U aEi c ~ ~+Q y~ ~ ~ >.aL hoc 4t L > G m E"~ b a0 yb ~' U Z N ~ Q ~ ~ 0 w C m V A C V . e 4 m E D7 U C O > `~ 01 C C f9 O B E N N C m /0 m j H ~ ~„ tll ` ~ : y N ~ C G b m t0 E y ~'~ ~' ~ ~ EU y ate~e all °' T. ~ f6 ~ ~ ~+ aci . h ~ O~ ~r . V G C m O O Q 3 ~ ~ O ~ ~ m macro ,~ aqb C o Uan U S~~ b qi m mao~ eo ~ m w ~ '~ ~' . ~° .i E m .. au ~ E o ~ ~ C r ~ ~ ~ ~ ~ ~ ~° c ~ ~ c c ~ ~, d~ O C T ~ m O ~ o ~ ~ ~ j ~ rte" ~ E a o ~ ~ ,_ ~ '~ ~ ~ ~ ~ L ~ .0 Z O ~ O O d V ~ 'O ~~ d ~ ~ 7 o c '~ R ~' t ` v C~> ~ c au cti ~ a ~ a ~ ~ A ~+ o = o .o o ~ L (, C ~ ~ C O rrs ~ C Of ~ .O+ ~ :~ C ~ ~, c c m o c ~- o o a 'c ~ y i0 ~ o ~, ai p as t$ p K $' d€ E N S ~ G ao u~ ~ ~ w m ~° o a r c - d m ~' ~ av o au ~' m p~ Z' ~ ~ v rn rn a o ~ c ~ ~ ~ •° ~ ~ c _ 'v ~' ~ c ~ c ~ o V ~ E~ ~ oU w E 5 o.E~Z°a°h v ~ « ~~ ~-~° ~~>w ~ o ~ . . m >, z . :: A ,o ~ ~ ae ~ ~ ~ G z o N ~ ~ ~ C N ~ ~ O G N >, o •~ ~ 0 N a ~ c N E d U o N G 7 ~ y ~ o U q ~ ~ ~ ~ _ Q ~ O [Y c o ~. > z ~ ~ a ~ b b ~ ~ ~ ~~ ! ~ $ a w ~ o~ $ ~ m U ~o ~ C o ~_ '3 ~~ a Q~ P419 30" x 84" Single Banner RANCHO CUCAMONOA NONORB JOHN SMITH ARMY RANCHO CUCAMONOA NONORB '~,~' ^ .: DEKRA-LITE'" 800.436.3627 .. . Computers and printers will always give different results in color representation. ~~ ~ Final banners are printed in CMYK and will have slight variations in color. ~~ InnAGIrvG- Reproduction in any manner, in whole or in part, of any portion of these images is strictly prohibited. All portions, including copy, photographs, artwork, and product designs are the exclusive property of Dekra-Cite Industries, Inc. All portions have been copyrighted and may not be copied or reproduced without the express written permission of Dekra-Cite Industires, Inc. JANE SMITH COAST GUARD JOHN SMITH AIR FORCE RANCHO CUCAMONdA NONOR8 P420 30" x 84" Single Banner RANCHO CUCAMONOA HONORS RANCHO CUCAMONOA HONORS NAVY RANCHO CUCAMONOA HONORS NATIONAL GUARD ~~DEKRA-LITE`" 800.436.3627 :: Computers and printers will always give different results in color representation. ~~ ~ Final banners are printed in CMYK and will have slight variations in color. ~~ IMACInIC- Reproduction in any manner, in whole or in part, of any portion of these images is strictly prohibited. All portions, ~ ~ u including copy, photographs, artwork, and product designs are the exclusive property of Dekra-Cite Industries, Inc. All portions have been copyrighted and may not be copied or reproduced without the express written permission of Dekra-Cite Industires, Inc. JOHN SMITH JOHN SMITH MARINES JOHN SMITH